An Act to clarify certain labeling and sales requirements for homemade food items.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 34-18-37 be AMENDED:

34-18-37. Food prepared at a residence pursuant to §§ 34-18-35 and 34-18-36.1 may not be sold unless it has a label that includes, provided it is accompanied by disclosures conveying the following information, in one of the formats required in section 2 of this Act:

(1) Name Common name of the product homemade food item;

(2) Name of the producer of the homemade food item;

(3) Physical address of production;

(4) Mailing address of the producer;

(5) Telephone number of the producer;

(6) Date the product was made or processed;

(7) Ingredients, in descending order of predominance;

(8) In the case of food sold in accordance with § 34-18-36.1, a directive to keep refrigerated or frozen; and

(9) A disclaimer that states: "This product was not produced in a commercial kitchen produced at a residential property that is exempt from state licensing and inspection. It has been home-processed in a kitchen that may also process common food allergens such as tree nuts, peanuts, eggs, soy, wheat, milk, fish, and crustacean shellfish."

Section 2. That a NEW SECTION be added to chapter 34-18:

Any meat products sold pursuant to this Act must be labeled as required in section 1, with the additional labeling requirement to disclose the name of the state-inspected butcher shop at which the meat was processed.

Section 3. That a NEW SECTION be added to chapter 34-18:

The disclosures required by section 1 of this Act must be provided:

(1) On a label affixed to the package, if the homemade food item is packaged;

(2) On a label affixed to the container, if the homemade food item is offered for sale from a bulk container;

(3) On a placard displayed at the point of sale, if the homemade food item is neither packaged nor offered for sale from a bulk container; or

(4) On the web page on which the homemade food item is offered for sale, if the homemade food item is offered for sale on the Internet.

Section 4. That a NEW SECTION be added to chapter 34-18:

In addition to the labeling requirements in section 2 of this Act, if the homemade food item is sold by a third-party vendor, the food must be sold in a separate section of the store or in a separate display case from non-homemade food items. A sign must clearly indicate that the foods are homemade and exempt from state licensing and inspection.

Section 5. That a NEW SECTION be added to chapter 34-18:

Nothing in § 34-18-37 or section 2 or 3 of this Act prevents the department from investigating any report of foodborne illness. The department has authority to enforce this Act, and may impose a civil penalty no greater than seventy-five dollars for each violation. The secretary shall forward any civil penalty collected under this section to the state treasurer, for deposit in the general fund. The department shall issue a written warning before issuing a civil penalty.