SB 124

26.811.12  101st Legislative Session  124
                                       2026 South Dakota Legislature
                                               Senate Bill 124
                                                     ENROLLED
                                               AN ACT
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:
26.811.12  2  124
            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.
SB124 ENROLLED
26.811.12  3  124
An Act to temporarily prohibit the manufacture, sale, and distribution of any product
containing cell-cultured protein, and to provide a penalty therefor.
                                                     Received at this Executive Office
 I certify that the attached Act originated in       this _____ day of _____________,
 the:
                                                     2026 at ____________M.
 Senate as Bill No. 124
                                                     By
                       Secretary of the Senate  for the Governor
                                                                      The attached Act is hereby
                                                                  approved this ________ day of
                       President of the Senate  ______________, A.D., 2026
 Attest:
                                                                                        Governor
                       Secretary of the Senate
                                                     STATE OF SOUTH DAKOTA,
                                                                                               ss.
                                                     Office of the Secretary of State
                          Speaker of the House
                                                                    Filed ____________, 2026
 Attest:  at _________ o'clock __M.
                     Chief Clerk of the House  Secretary of State
 Senate Bill No. 124  By
 File No. ____  Asst. Secretary of State
 Chapter No. ______
SB124 ENROLLED