25.205.12 100th Legislative Session 1022
2025 South Dakota Legislature
House Bill 1022
ENROLLED
AN ACT
ENTITLED An Act to prohibit the misbranding of any cell-cultured protein product.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 39-5-26 be AMENDED:
39-5-26. For purposes of this chapter, the term "misbranded" applies to any
carcass, part thereof, or meat food product under one or more of the following
circumstances:
(1) If its labeling is false or misleading;
(2) If it is offered for sale under the name of another food;
(3) If it is an imitation of another food, unless its label bears, in type of uniform size
and prominence, the word "imitation" and immediately thereafter, the name of the
food imitated;
(4) If its container is so made, formed, or filled as to be misleading;
(5) If in a package or other container, unless it bears a label showing:
(a) The name and place of business of the manufacturer, packer, or distributor;
and
(b) An accurate statement of the quantity of the contents in terms of weight,
measure, or numerical count, provided that reasonable variations may be
permitted, and exemptions as to small packages may be established, by
rules prescribed by the secretary of the Animal Industry Board;
(6) If any word, statement, or other information required by or under authority of this
chapter to appear on the label or other labeling is not prominently placed thereon
with conspicuousness, as compared with other words, statements, designs, or
devices, in the labeling, and in terms that render it likely to be read and understood
by the ordinary individual under customary conditions of purchase and use; 25.205.12 2 1022
HB1022 ENROLLED
(7) If it purports to be or is represented as a food for which a definition and standard
of identity or composition has been prescribed by rules of the secretary under § 39-
5-28 unless:
(a) It conforms to the definition and standard; and
(b) Its label bears the name of the food specified in the definition and standard
and, insofar as may be required by such rules, the common names of
optional ingredients, other than spices, flavoring, and coloring, present in
the food;
(8) If it purports to be or is represented as a food for which a standard of fill of
container has been prescribed by rules of the secretary under § 39-5-28, and it
falls below the standard of fill of container applicable thereto, unless its label bears,
in the manner and form as the rules specify, a statement that it falls below the
standard;
(9) If it is not subject to the provisions of subdivision (7), unless its label bears:
(a) The common or usual name of the food, if any; and
(b) In case it is fabricated from two or more ingredients, the common or usual
name of each ingredient, except that spices, flavorings, and colorings may,
when authorized by the secretary, be designated as spices, flavorings, and
colorings without naming each, provided that to the extent compliance with
this subsection is impracticable, or results in deception or unfair
competition, the secretary shall promulgate rules to establish exemptions;
(10) If it purports to be or is represented for special dietary uses, unless its label bears
information concerning its vitamin, mineral, and other dietary properties as the
secretary determines to be, and by rules prescribed as, necessary in order fully to
inform purchasers as to its value for the uses;
(11) If it bears or contains any artificial flavoring, artificial coloring, or chemical
preservative, unless it bears labeling stating that fact , provided that to the extent
compliance with this requirement is impracticable, the secretary shall promulgate
rules to establish exemptions;
(12) If it fails to bear, directly thereon or on its containers, as the secretary may by
rules prescribe, the inspection legend and any other information as the secretary
may require to effectuate the purposes of this chapter; or
(13) If it is, or contains, any cell-cultured protein and does not clearly state in a
prominent and conspicuous manner the words “cell -cultured” or “lab-grown” in 25.205.12 3 1022
HB1022 ENROLLED
type of uniform size and prominence, immediately adjacent to the name of the
food on the label.
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 the DNA
of a host animal, and grown or cultivated outside a live animal. This section does not apply
to the process of embryo transfer in livestock. 25.205.12 4 1022
HB1022 ENROLLED
An Act to prohibit the misbranding of any cell-cultured protein product.
I certify that the attached Act originated in
the:
House as Bill No. 1022
Chief Clerk
Speaker of the House
Attest:
Chief Clerk
President of the Senate
Attest:
Secretary of the Senate
House Bill No. 1022
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2025 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2025
Governor
STATE OF SOUTH DAKOTA ,
ss.
Office of the Secretary of State
Filed ____________, 2025
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State