ENTITLED An Act to provide for the sale of producer-raised meat and meat food products directly to consumers pending legalization under federal law.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added to chapter 39-5:

Except as prohibited by federal law and subject to section 2 of this Act, and notwithstanding any other provision of this chapter, a producer may sell meat or meat food products from cattle, sheep, swine, or goats, which were raised by the producer and slaughtered at a custom exempt plant, if:

(1) The meat or meat food product is produced from an animal that was raised by the producer for at least ninety days, slaughtered, and processed in this state;

(2) The meat or meat food product is sold personally by the seller, directly to an end consumer in this state, at:

(a) The seller's primary residence;

(b) A farmer's market;

(c) A roadside stand; or

(d) Another temporary sale venue; and

(3) A label is affixed to the meat or meat food product packaging at the time of sale stating that:

(a) The meat or meat food product has not been inspected and is not regulated; and

(b) The consumer agrees not to sell, donate, or commercially redistribute the meat or meat food product.

Section 2. Section 1 of this Act is effective on the date that the attorney general certifies to code counsel that the sale of any meat or meat food product, in accordance with section 1 of this Act, is legalized under federal law. Legalization under federal law consists of either the passage of a federal law that allows direct‑to‑consumer sales of uninspected meat or meat food products or the issuance of a final decision, by a federal court with jurisdiction over this state, which declares that the federal prohibition on direct‑to‑consumer sales is unconstitutional or otherwise invalid.

An Act to provide for the sale of producer-raised meat and meat food products directly to consumers pending legalization under federal law.