SB 123

 26.668.9  101st Legislative Session  123
                                        2026 South Dakota Legislature
                                                Senate Bill 123
 Introduced by: Senator Perry
1 An Act to prohibit the manufacture, sale, and distribution of any product containing
2cell-cultured protein, and provide a penalty therefor.
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
4 Section 1. That § 32-22-51.2 be AMENDED:
532-22-51.2. The unloading of livestock as defined by subdivision 39-5-6(11) in
6     § 39-5-6, is prohibited for the enforcement of violations of §§ 32-22-16 and 32-22-21.
7     The officer shall issue to the driver of the vehicle at the point of violation a special
8     overweight permit for the amount of the overload if the load cannot be adjusted to the
9     legal limits without unloading. The permit authorized pursuant to this section is issued at
10     the flat rate of one hundred dollars for an overweight permit. The flat rate shall include
11     the cost of issuing the permit. This permit authorizes the driver to operate the overweight
12     vehicle to the point of destination within the state or the point of exit from the state. This
13     permit does not, however, exempt the operator from any other enforcement actions.
14 Section 2. That a NEW SECTION be added to chapter 34-18:
15A person may not sell, hold, offer for sale, or distribute in this state any product
16     containing cell-cultured protein, as defined in § 39-5-6.
17A violation of this section is a Class 2 misdemeanor.
18Upon receipt of a complaint, the department may inspect any food service
19     establishment,     mobile   food   service     establishment,   or   temporary       food  service
20     establishment for a possible violation of this section, as provided in § 34-18-27.3. If the
21     inspection indicates the establishment is in violation of this section, the department must
22     issue a stop-sale order.
23Upon any conviction pursuant to this section, the department may proceed in
24     accordance with chapter 1-26 to suspend, revoke, or deny renewal of the license of the
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1    food service establishment, mobile food service establishment, or temporary food service
2    establishment, as provided under §§ 34-18-27.1 and 34-18-27.3.
3 Section 3. That § 39-5-6 be AMENDED:
439-5-6. Terms used in this chapter mean:
5    (1)     "Animal food manufacturer," any person engaged in the business of manufacturing
6or processing animal food derived wholly or in part from carcasses, or parts or
7products of the carcasses, of livestock;
8    (2)     "Capable for use as human food," any carcass, or part or product of a carcass of
9any livestock, unless it is denatured or otherwise identified as required by rules
10promulgated pursuant to chapter 1-26 by the secretary to deter its use as human
11food, or it is naturally inedible by humans;
12    (3)     "Carcass," any part, including viscera, of any slaughtered livestock, that is capable
13of being used for human food;
14    (4)     "Cell-cultured protein," a product that is produced for use as human food, made
15wholly or in part from any cell culture or DNA of a host animal, and grown or
16cultivated outside a live animal;
17    (5)     "Custom exempt plant," a person engaged in custom slaughtering and preparation
18of meat food products for household use by the owner as provided in subdivision
1939-5-11(2);
20    (5)(6) "Federal Meat Inspection Act," the act of Congress approved March 4, 1907, as
21amended and extended to January 1, 1991 (21 U.S.C.) and the imported meat
22provisions of subsections 620(b), (c) as amended to January 1, 1991;
23    (6)(7) "Inedible products renderer," any person engaged in the business of rendering
24carcasses, or parts or products of the carcasses, of livestock, except rendering
25conducted under inspection or exemption under this chapter;
26    (7)(8) "Inspector," an employee or official of this state authorized by the secretary to
27inspect livestock or carcasses, parts thereof, or meat food products under this
28chapter;
29    (8)(9) "Intrastate commerce," commerce wholly within this state;
30    (9)(10)    "Label," a display of written, printed, or graphic matter upon the immediate
31container (,not including package liners), of any article;
32    (10)(11)   "Labeling," any label or other written, printed, or graphic matter upon or
33accompanying any article or any of its containers or wrappers;
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1    (11)(12)   "Livestock," cattle, bison, sheep, swine, goats, equine, ratites, captive cervidae
2as permitted under § 40-3-14, and other species as requested by the owner and
3authorized by the secretary;
4    (12)(13)   "Livestock producer," any natural person, partnership, or corporation if over
5fifty percent of his or its annual income is derived from production of agricultural
6products and on whose farm the number of livestock is in keeping with the size of
7the farm or the volume or character of the agricultural products produced thereon;
8    (13)(14)   "Meat," the edible part of the muscle of cattle, bison, sheep, swine, goats,
9equine, ratites, captive cervidae, and other species as requested by the owner and
10authorized by the secretary, which is skeletal or which is found in the tongue, in
11the diaphragm, in the heart, or in the esophagus, with or without the accompanying
12and overlying fat, and the portions of bone, skin, sinew, nerve, and blood vessels
13which normally accompany the muscle tissue and which are not separated from it
14in the process of dressing. It does not include the muscle found in the lips, snout,
15or ears;
16    (14)(15)   "Meat broker," any person engaged in the business of buying or selling livestock
17carcasses, parts thereof, or meat food products on commission, or otherwise
18negotiating purchases or sales of such these articles other than for his own account
19or as an employee of another person;
20    (15)(16)   "Meat by-product," any edible part other than meat, which has been derived
21from one or more cattle, bison, sheep, swine, goats, equine, ratites, captive
22cervidae, and other species as requested by the owner and authorized by the
23secretary;
24    (16)(17)   "Meat food products," any product capable of use as human food which is made
25wholly or in part from any meat or other portion of the carcass of any cattle, bison,
26sheep, swine, goats, equine, ratites, captive cervidae, and other species as
27requested by the owner and authorized by the secretary, excepting products which
28that contain meat or other portions of such carcasses only in a relatively small
29proportion or historically have not been considered by consumers as products of
30the meat food industry, and which are exempted from definition as a meat food
31product by regulations rules promulgated by the secretary pursuant to chapter 1-
3226, under such conditions as those conditions the secretary may deem appropriate
33to effectuate the purposes of this chapter;
34    (17)(18)   "Meat processing establishment," an official establishment as defined in this
35section engaged in the preparation or processing of meat food products;
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1    (18)(19)   "Official certificate," any certificate prescribed by rules promulgated pursuant
2to chapter 1-26 by the secretary for issuance by an inspector or other person
3performing official functions under this chapter;
4    (19)(20)   "Official establishment," any establishment in this state as determined by the
5secretary at which inspection of the slaughter of livestock or the preparation of
6livestock carcasses or parts thereof or meat products is maintained under this
7chapter;
8    (20)(21)   "Official inspection legend," any symbol prescribed by rules promulgated by the
9secretary pursuant to chapter 1-26 showing that an article was inspected and
10passed in accordance with this chapter;
11    (21)(22)   "Official mark," the official inspection legend or any other symbol prescribed by
12rules promulgated by the secretary pursuant to chapter 1-26 to identify the status
13of any article or animal under this chapter;
14    (22)(23)   "Prepared," slaughtered, canned, salted, rendered, boned, cut up, or otherwise
15manufactured or processed;
16    (23)(24)   "Retail dealer," any person engaged in selling carcasses, parts thereof, or meat
17food products of cattle, bison, sheep, swine, goats, equine, ratites, captive
18cervidae, and other species as requested by the owner and authorized by the
19secretary;
20    (24)(25)   "Retail store meat processor," a person engaged in the retail sale of food for
21human consumption, the retail sale of meat food products, and in the processing
22or preparation of meat or meat by-products for retail sale as meat food products;
23    (25)(26)   "Secretary," executive secretary of the South Dakota State Animal Industry
24Board, or any person authorized to act in his stead;
25    (26)(27)   "Slaughtering establishment," an official establishment as defined in this
26section engaged in the slaughtering of livestock; and
27    (27)(28)   "Veterinary inspector," an employee or official of this state, licensed to practice
28veterinary medicine in this state, and authorized by the secretary to inspect
29livestock or carcasses, parts thereof, or meat food products under this chapter.
30 Section 4. That § 39-5-38 be AMENDED:
3139-5-38. Any carcass, part of a carcass, product made of cell-cultured protein, or
32    meat food product of any livestock or any dying, crippled, or diseased livestock that is
33    being transported in this state, or is held for sale or donation in this state after such
34    transportation, and that:
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1(1) Is or has been prepared, sold, transported, or otherwise distributed or offered
2    or received for distribution in violation of this chapter; or
3(2) Is capable of use as human food and is adulterated or misbranded; or
4(3) In any other way is in violation of this chapter,
5shall be is liable to be proceeded against and seized and condemned, at any time,
6    by an action in the circuit court of South Dakota this state within the jurisdiction of which
7    the article or animal is found. If the article or animal is condemned, it shall must, after
8    entry of the decree, be disposed of by destruction or sale as the court may direct and the
9    proceeds, if sold, less the court costs and fees, and storage and other proper expenses,
10    shall must be paid into the treasury of this state, but the article or animal shall may not
11    be sold contrary to the provisions of this chapter or federal law: Provided, that upon. Upon
12    the execution and delivery of a good and sufficient bond conditioned that the article or
13    animal shall may not be sold or otherwise disposed of contrary to the provisions of this
14    chapter or federal law, the court may direct that such the article or animal be delivered to
15    the owner thereof subject to such supervision by authorized representatives of the
16    secretary of the Animal Industry Board as is necessary, to ensure compliance with this
17    chapter. When a decree of condemnation is entered against the article or animal and it is
18    released under bond, or destroyed, court costs and, fees, and storage costs, and other
19    expenses shall must be awarded against the person, if any, intervening as claimant of the
20    article or animal.
21 Section 5. That a NEW SECTION be added to chapter 39-5:
22A person may not manufacture for sale in this state any product containing cell-
23    cultured protein.
24A violation of this section, after notice is provided pursuant to § 39-5-42, is a Class
25    2 misdemeanor.
26Upon any conviction pursuant to this section, the secretary may proceed in
27    accordance with chapter 1-26 to suspend, revoke, or deny any of the violator's meat
28    processing licenses described in § 39-5-11.1.
29Meat food products containing cell-cultured protein, manufactured in violation of
30    this section, may be seized and condemned pursuant to § 39-5-38, to be disposed of by
31    action of the circuit court having jurisdiction over the location where the product was
32    found.
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