HB 1077

26.700.10  101st Legislative Session  1077
                                      2026 South Dakota Legislature
                                               House Bill 1077
                                                     ENROLLED
                                               AN ACT
ENTITLED An Act to consider a cultivated-protein food product to be adulterated
         food.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 39-4-2 be AMENDED:
            39-4-2. For the purposes of this title, food is deemed to be adulterated:
   (1)      If any substance has been mixed and packed with the food to reduce, lower, or
            injuriously affect the food's quality or strength;
   (2)      If any substance has been substituted wholly or in part for the food;
   (3)      If any valuable constituent of the food has been wholly or in part abstracted;
   (4)      If the food is mixed, colored, powdered, coated, or stained to conceal damage or
            inferiority;
   (5)      If the food contains any poisonous or otherwise deleterious ingredient, added or
            natural, which may render the food injurious to health, provided that when the
            food is being prepared for shipment, it is preserved by an external application
            applied so that the preservative is necessarily removed mechanically, or by
            maceration in water, or otherwise before eating, and directions for the removal of
            the preservative are plainly and conspicuously printed on the label of the package,
            the provisions of this chapter are construed as applying only when the products
            are ready for consumption;
   (6)      If it consists in whole or in part of:
            (a)     A filthy, decomposed, or putrid animal or vegetable substance;
            (b)     Any portion of any animal unfit for food;
            (c)     Any product of a portion of a diseased animal or of an animal that has been
                    fed upon the uncooked offal from a slaughterhouse or other substance unfit
                    for animal food, or of an animal that has died otherwise than by slaughter;
26.700.10  2  1077
   (7)      If in the manufacture, sale, distribution, transportation, or in the offering or
            exposing for sale, distribution, or transportation, it is not at all times securely
            protected from all filth, flies, dust, contamination, or other unclean, unhealthful, or
            insanitary conditions; or
   (8)      If it is a cultivated-protein food product.
            For purposes of this section, "cultivated-protein food product" means a food
   product having one or more sensory attributes that resemble a type of tissue originating
   from an agricultural food animal but that is derived from manufacturing cells, including
   processes in which stem cells that were initially isolated from an agricultural food animal
   are grown in vitro, and may be manipulated, as part of a manufacturing process.
HB1077 ENROLLED
26.700.10  3  1077
An Act to consider a cultivated-protein food product to be adulterated food.
                                                     Received at this Executive Office
 I certify that the attached Act originated in       this _____ day of _____________,
 the:
                                                     2026 at ____________M.
 House as Bill No. 1077
                                                     By
                     Chief Clerk of the House  for the Governor
                                                                      The attached Act is hereby
                                                                  approved this ________ day of
                          Speaker of the House  ______________, A.D., 2026
 Attest:
                                                                                        Governor
                     Chief Clerk of the House
                                                     STATE OF SOUTH DAKOTA,
                                                                                               ss.
                                                     Office of the Secretary of State
                       President of the Senate
                                                                    Filed ____________, 2026
 Attest:  at _________ o'clock __M.
                       Secretary of the Senate  Secretary of State
 House Bill No. 1077  By
 File No. ____  Asst. Secretary of State
 Chapter No. ______
HB1077 ENROLLED