South Dakota 2025 Regular Session

South Dakota House Bill HB1022 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.205.12 100th Legislative Session 1022
	1	+	25.205.11 100th Legislative Session 1022
2	2
3	3
4	4		2025 South Dakota Legislature
5	5		House Bill 1022
6		-	ENROLLED
7		-
8		-	AN ACT
9		-
10		-
11		-	ENTITLED An Act to prohibit the misbranding of any cell-cultured protein product.
12		-	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
13		-	Section 1. That § 39-5-26 be AMENDED:
14		-	39-5-26. For purposes of this chapter, the term "misbranded" applies to any
15		-	carcass, part thereof, or meat food product under one or more of the following
16		-	circumstances:
17		-	(1) If its labeling is false or misleading;
18		-	(2) If it is offered for sale under the name of another food;
19		-	(3) If it is an imitation of another food, unless its label bears, in type of uniform size
20		-	and prominence, the word "imitation" and immediately thereafter, the name of the
21		-	food imitated;
22		-	(4) If its container is so made, formed, or filled as to be misleading;
23		-	(5) If in a package or other container, unless it bears a label showing:
24		-	(a) The name and place of business of the manufacturer, packer, or distributor;
25		-	and
26		-	(b) An accurate statement of the quantity of the contents in terms of weight,
27		-	measure, or numerical count, provided that reasonable variations may be
28		-	permitted, and exemptions as to small packages may be established, by
29		-	rules prescribed by the secretary of the Animal Industry Board;
30		-	(6) If any word, statement, or other information required by or under authority of this
31		-	chapter to appear on the label or other labeling is not prominently placed thereon
32		-	with conspicuousness, as compared with other words, statements, designs, or
33		-	devices, in the labeling, and in terms that render it likely to be read and understood
34		-	by the ordinary individual under customary conditions of purchase and use; 25.205.12 2 1022
35		-	HB1022 ENROLLED
36		-	(7) If it purports to be or is represented as a food for which a definition and standard
37		-	of identity or composition has been prescribed by rules of the secretary under § 39-
38		-	5-28 unless:
39		-	(a) It conforms to the definition and standard; and
40		-	(b) Its label bears the name of the food specified in the definition and standard
41		-	and, insofar as may be required by such rules, the common names of
42		-	optional ingredients, other than spices, flavoring, and coloring, present in
43		-	the food;
44		-	(8) If it purports to be or is represented as a food for which a standard of fill of
45		-	container has been prescribed by rules of the secretary under § 39-5-28, and it
46		-	falls below the standard of fill of container applicable thereto, unless its label bears,
47		-	in the manner and form as the rules specify, a statement that it falls below the
48		-	standard;
49		-	(9) If it is not subject to the provisions of subdivision (7), unless its label bears:
50		-	(a) The common or usual name of the food, if any; and
51		-	(b) In case it is fabricated from two or more ingredients, the common or usual
52		-	name of each ingredient, except that spices, flavorings, and colorings may,
53		-	when authorized by the secretary, be designated as spices, flavorings, and
54		-	colorings without naming each, provided that to the extent compliance with
55		-	this subsection is impracticable, or results in deception or unfair
56		-	competition, the secretary shall promulgate rules to establish exemptions;
57		-	(10) If it purports to be or is represented for special dietary uses, unless its label bears
58		-	information concerning its vitamin, mineral, and other dietary properties as the
59		-	secretary determines to be, and by rules prescribed as, necessary in order fully to
60		-	inform purchasers as to its value for the uses;
61		-	(11) If it bears or contains any artificial flavoring, artificial coloring, or chemical
62		-	preservative, unless it bears labeling stating that fact , provided that to the extent
63		-	compliance with this requirement is impracticable, the secretary shall promulgate
64		-	rules to establish exemptions;
65		-	(12) If it fails to bear, directly thereon or on its containers, as the secretary may by
66		-	rules prescribe, the inspection legend and any other information as the secretary
67		-	may require to effectuate the purposes of this chapter; or
68		-	(13) If it is, or contains, any cell-cultured protein and does not clearly state in a
69		-	prominent and conspicuous manner the words “cell -cultured” or “lab-grown” in 25.205.12 3 1022
70		-	HB1022 ENROLLED
71		-	type of uniform size and prominence, immediately adjacent to the name of the
72		-	food on the label.
73		-	For purposes of this section, "cell-cultured protein" means a product that is
74		-	produced for use as human food, made wholly or in part from any cell culture or the DNA
75		-	of a host animal, and grown or cultivated outside a live animal. This section does not apply
76		-	to the process of embryo transfer in livestock. 25.205.12 4 1022
77		-	HB1022 ENROLLED
78		-	An Act to prohibit the misbranding of any cell-cultured protein product.
79		-
80		-
81		-
82		-
83		-	I certify that the attached Act originated in
84		-	the:
85		-
86		-	House as Bill No. 1022
87		-
88		-
89		-
90		-	Chief Clerk
91		-
92		-
93		-
94		-
95		-	Speaker of the House
96		-
97		-	Attest:
98		-
99		-
100		-
101		-
102		-	Chief Clerk
103		-
104		-
105		-
106		-
107		-	President of the Senate
108		-
109		-	Attest:
110	6
111	7
112	8
113	9
114	10
115		-	Secretary of the Senate
116	11
	12	+	Introduced by: The Chair of the Committee on Agriculture and Natural Resources at the request of the Department
	13	+	of Agriculture and Natural Resources
117	14
118		-
119		-	House Bill No. 1022
120		-	File No. ____
121		-	Chapter No. ______
122		-
123		-
124		-
125		-	Received at this Executive Office
126		-	this _____ day of _____________,
127		-
128		-	2025 at ____________M.
129		-
130		-
131		-
132		-	By
133		-	for the Governor
134		-
135		-
136		-	The attached Act is hereby
137		-	approved this ________ day of
138		-	______________, A.D., 2025
139		-
140		-
141		-
142		-
143		-
144		-	Governor
145		-
146		-	STATE OF SOUTH DAKOTA ,
147		-	ss.
148		-	Office of the Secretary of State
149		-
150		-
151		-	Filed ____________, 2025
152		-	at _________ o'clock __M.
153		-
154		-
155		-
156		-
157		-
158		-	Secretary of State
159		-
160		-
161		-
162		-	By
163		-	Asst. Secretary of State
164		-
165		-
	15	+	Underscores indicate new language.
	16	+	Overstrikes indicate deleted language.
	17	+	An Act to prohibit the misbranding of any cell-cultured protein product. 1
	18	+	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
	19	+	Section 1. That § 39-5-26 be AMENDED: 3
	20	+	39-5-26. For purposes of this chapter, the term "misbranded" shall apply applies 4
	21	+	to any carcass, part thereof, or meat food product under one or more of the following 5
	22	+	circumstances: 6
	23	+	(1) If its labeling is false or misleading in any particular; or; 7
	24	+	(2) If it is offered for sale under the name of another food; or 8
	25	+	(3) If it is an imitation of another food, unless its label bears, in type of uniform size 9
	26	+	and prominence, the word "imitation" and immediately thereafter, the name of the 10
	27	+	food imitated; or 11
	28	+	(4) If its container is so made, formed, or filled as to be misleading; or 12
	29	+	(5) If in a package or other container, unless it bears a label showing: 13
	30	+	(a) The name and place of business of the manufacturer, packer, or distributor; 14
	31	+	and 15
	32	+	(b) An accurate statement of the quantity of the contents in terms of weight, 16
	33	+	measure, or numerical count: Provided, provided that under clause (b) of 17
	34	+	this subdivision, reasonable variations may be permitted, and exemptions 18
	35	+	as to small packages may be established, by regulations rules prescribed 19
	36	+	by the secretary of the Animal Industry Board; or 20
	37	+	(6) If any word, statement, or other information required by or under authority of this 21
	38	+	chapter to appear on the label or other labeling is not prominently placed thereon 22
	39	+	with such conspicuousness (, as compared with other words, statements, designs, 23
	40	+	or devices, in the labeling), and in such terms as to terms that render it likely to 24
	41	+	be read and understood by the ordinary individual under customary conditions of 25
	42	+	purchase and use; or 26 25.205.11 2 1022
	43	+	Underscores indicate new language.
	44	+	Overstrikes indicate deleted language.
	45	+	(7) If it purports to be or is represented as a food for which a definition and standard 1
	46	+	of identity or composition has been prescribed by regulations rules of the secretary 2
	47	+	under § 39-5-28 unless: 3
	48	+	(a) It conforms to such the definition and standard; and 4
	49	+	(b) Its label bears the name of the food specified in the definition and standard 5
	50	+	and, insofar as may be required by such regulations rules, the common 6
	51	+	names of optional ingredients (, other than spices, flavoring, and coloring), 7
	52	+	present in such the food; or 8
	53	+	(8) If it purports to be or is represented as a food for which a standard or standards 9
	54	+	of fill of container have has been prescribed by regulations rules of the secretary 10
	55	+	under § 39-5-28, and it falls below the standard of fill of container applicable 11
	56	+	thereto, unless its label bears, in such the manner and form as such the regulations 12
	57	+	rules specify, a statement that it falls below such the standard; or 13
	58	+	(9) If it is not subject to the provisions of subdivision (7), unless its label bears: 14
	59	+	(a) The common or usual name of the food, if any there be; and 15
	60	+	(b) In case it is fabricated from two or more ingredients, the common or usual 16
	61	+	name of each such ingredient;, except that spices, flavorings, and colorings 17
	62	+	may, when authorized by the secretary, be designated as spices, flavorings, 18
	63	+	and colorings without naming each; Provided, provided that, to the extent 19
	64	+	that compliance with the requirements of clause (b) of this subdivision (9) 20
	65	+	this subsection is impracticable, or results in deception or unfair 21
	66	+	competition, exemptions shall be established by regulations promulgated 22
	67	+	by the secretary the secretary shall promulgate rules to establish 23
	68	+	exemptions; or 24
	69	+	(10) If it purports to be or is represented for special dietary uses, unless its label bears 25
	70	+	such information concerning its vitamin, mineral, and other dietary properties as 26
	71	+	the secretary determines to be, and by regulations rules prescribed as, necessary 27
	72	+	in order fully to inform purchasers as to its value for such the uses; or 28
	73	+	(11) If it bears or contains any artificial flavoring, artificial coloring, or chemical 29
	74	+	preservative, unless it bears labeling stating that fact: Provided , provided that, to 30
	75	+	the extent that compliance with the requirements of this subdivision (11) this 31
	76	+	requirement is impracticable, exemptions shall be established by regulations 32
	77	+	promulgated by the secretary the secretary shall promulgate rules to establish 33
	78	+	exemptions; or 34 25.205.11 3 1022
	79	+	Underscores indicate new language.
	80	+	Overstrikes indicate deleted language.
	81	+	(12) If it fails to bear, directly thereon or on its containers, as the secretary may by 1
	82	+	regulations rules prescribe, the inspection legend and such any other information 2
	83	+	as the secretary may require in such regulations to effectuate the purposes of this 3
	84	+	chapter; or 4
	85	+	(13) If it is, or contains, any cell-cultured protein and does not clearly state in a 5
	86	+	prominent and conspicuous manner the words “cell -cultured” or “lab-grown” in 6
	87	+	type of uniform size and prominence, immediately adjacent to the name of the 7
	88	+	food on the label. 8
	89	+	For purposes of this section, "cell-cultured protein" means a product that is 9
	90	+	produced for use as human food, made wholly or in part from any cell culture or the DNA 10
	91	+	of a host animal, and grown or cultivated outside a live animal. This section does not apply 11
	92	+	to the process of embryo transfer in livestock. 12