Except as prohibited by federal law and subject to SL 2026, ch 168, § 2, and notwithstanding any other provision of this chapter, a producer may sell meat or meat food products from cattle, sheep, swine, or goats, which were raised by the producer and slaughtered at a custom exempt plant, if:

1. (1) The meat or meat food product is produced from an animal that was raised by the producer for at least ninety days, slaughtered, and processed in this state;

2. (2) The meat or meat food product is sold personally by the seller, directly to an end consumer in this state, at:

   1. (a) The seller's primary residence;
   2. (b) A farmer's market;
   3. (c) A roadside stand; or
   4. (d) Another temporary sale venue; and

3. (3) A label is affixed to the meat or meat food product packaging at the time of sale stating that:

   1. (a) The meat or meat food product has not been inspected and is not regulated; and
   2. (b) The consumer agrees not to sell, donate, or commercially redistribute the meat or meat food product.

   Commission Note: This section becomes effective, per SL 2026, ch 168, § 2, "on the date that the attorney general certifies to code counsel that the sale of any meat or meat food product, in accordance with [SDCL 39-5-56], is legalized under federal law. Legalization under federal law consists of either the passage of a federal law that allows direct‑to‑consumer sales of uninspected meat or meat food products or the issuance of a final decision, by a federal court with jurisdiction over this state, which declares that the federal prohibition on direct‑to‑consumer sales is unconstitutional or otherwise invalid."

Source: SL 2026, ch 168 , § 1.