ENTITLED An Act to temporarily prohibit the manufacture, sale, and distribution of any product containing cell-cultured protein, and to provide a penalty therefor.

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

Section 1. That a NEW SECTION be added to chapter 34-18:

During the period beginning July 1, 2026, and ending June 30, 2031, a person may not sell, offer for sale, hold for sale, or distribute in this state any product containing cell-cultured protein.

Upon receipt of a complaint, the department must inspect any food service establishment, mobile food service establishment, or temporary food service establishment and, if a violation is found, issue a stop-sale order. Following a conviction under this section, the department must proceed in accordance with chapter 1-26 to suspend, revoke, or deny renewal of the establishment’s license, as provided under §§ 34-18-27.1 and 34-18-27.3.

A violation of this section is a Class 2 misdemeanor.

For purposes of this section, "cell-cultured protein" means a product that is produced for use as human food, made wholly or in part from any cell culture or DNA of a host animal, and grown or cultivated outside a live animal. Cell-cultured protein does not include proteins produced through microbial fermentation, enzymatic processing, traditional food cultures, or biotechnology processes used in the manufacturing of pharmaceuticals, biologics, vaccines, dietary supplements, enzymes, or medical products, provided those products are not intended to replicate meat or animal tissue for human consumption.

Section 2. That a NEW SECTION be added to chapter 39-5:

During the period beginning July 1, 2026, and ending June 30, 2031, a person may not sell, manufacture, offer for sale, hold for sale, or distribute in this state any product containing cell-cultured protein.

The Animal Industry Board shall enforce this section using its existing authority, including by seizure and condemnation of products, as provided in § 39-5-38.

A violation of this section is a Class 2 misdemeanor

For purposes of this section, "cell-cultured protein" means a product that is produced for use as human food, made wholly or in part from any cell culture or DNA of a host animal, and grown or cultivated outside a live animal. Cell-cultured protein does not include proteins produced through microbial fermentation, enzymatic processing, traditional food cultures, or biotechnology processes used in the manufacture of pharmaceuticals, biologics, vaccines, dietary supplements, enzymes, or medical products, provided those products are not intended to replicate meat or animal tissue for human consumption.

An Act to temporarily prohibit the manufacture, sale, and distribution of any product containing cell-cultured protein, and to provide a penalty therefor.