25.634.9 100th Legislative Session 1179
2025 South Dakota Legislature
House Bill 1179
Introduced by: Representative Rice
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to clarify certain labeling and sales requirements for homemade food items. 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
Section 1. That § 34-18-37 be AMENDED: 3
34-18-37. Food prepared at a residence pursuant to §§ 34-18-35 and 34-18-36.1 4
may not be sold unless it has a label that includes, provided it is accompanied by 5
disclosures conveying the following information, in one of the formats required in section 6
2 of this Act: 7
(1) Name Common name of the product homemade food item; 8
(2) Name of the producer of the homemade food item; 9
(3) Physical address of production; 10
(4) Mailing address of the producer; 11
(5) Telephone number of the producer; 12
(6) Date the product was made or processed; 13
(7) Ingredients, in descending order of predominance; 14
(8) In the case of food sold in accordance with § 34-18-36.1, a directive to keep 15
refrigerated or frozen; and 16
(9) A disclaimer that states: "This product was not produced in a commercial kitchen 17
produced at a residential property that is exempt from state licensing and 18
inspection. It has been home-processed in a kitchen that may also process common 19
food allergens such as tree nuts, peanuts, eggs, soy, wheat, milk, fish, and 20
crustacean shellfish." 21
Section 2. That a NEW SECTION be added to chapter 34-18: 22
The disclosures required by section 1 of this Act must be provided: 23
(1) On a label affixed to the package, if the homemade food item is packaged; 24 25.634.9 2 1179
Underscores indicate new language.
Overstrikes indicate deleted language.
(2) On a label affixed to the container, if the homemade food item is offered for sale 1
from a bulk container; 2
(3) On a placard displayed at the point of sale, if the homemade food item is neither 3
packaged nor offered for sale from a bulk container; or 4
(4) On the web page on which the homemade food item is offered for sale, if the 5
homemade food item is offered for sale on the Internet. 6
Section 3. That a NEW SECTION be added to chapter 34-18: 7
In addition to the labeling requirements in section 2 of this Act, if the homemade 8
food item is sold by a third-party vendor, the food must be sold in a separate section of 9
the store or in a separate display case from non-homemade food items. A sign must clearly 10
indicate that the foods are homemade and exempt from state licensing and inspection. 11
Section 4. That a NEW SECTION be added to chapter 34-18: 12
Nothing in § 34-18-37 or section 2 or 3 of this Act prevents the department from 13
investigating any report of foodborne illness. The department has authority to enforce this 14
Act, and may impose a civil penalty no greater than seventy-five dollars for each violation. 15
The secretary shall forward any civil penalty collected under this section to the state 16
treasurer, for deposit in the general fund. The department shall issue a written warning 17
before issuing a civil penalty. 18