An Act to revise conditions for selling non-temperature-controlled baked goods without license.

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

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

34-18-37. Labeling of baked and canned goods--Contents of label--Identification number.

No Unless otherwise provided in this section, no baked good or canned good may be sold unless it has a label that includes the following information:

(1) Name of the product;

(2) Producer and contact informationName of the producer;

(3) Physical address of production;

(4) Mailing address of the producer;

(5) Telephone number of the producer;

(3)(6) Date the product was made or processed;

(4)(7) Ingredients; and

(5)(8) Disclaimer. TheA disclaimer shall state that states: "This product was not produced in a commercial kitchen. 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."

Any producer exempt from licensure under this chapter may request an identification number from the department that, if kept active within the department, may be used on the label required by this section in lieu of the producer's physical address of production, mailing address, and telephone number. When using an identification number, the label must include a statement that reads: "The producer's physical address of production, mailing address, and telephone number have been recorded with the South Dakota Department of Health and may be requested for a legal purpose."

Section 2. That a NEW SECTION be added:

34-18-37.1. Identification number database--Requests for information--Purpose.

The department shall create and maintain a database that associates each identification number assigned under § 34-18-37 with the following up-to-date information about the producer:

(1) Name;

(2) Physical address of production;

(3) Mailing address; and

(4) Telephone number.

The department shall provide a producer's physical address of production, mailing address, and telephone number upon written request to any person who represents, under penalty of perjury, that the information will only be utilized for a legal purpose. The department shall retain a file of all requests that are made under § 34-18-37.

Section 3. That a NEW SECTION be added:

34-18-37.2. Promulgation of rules.

The department shall promulgate rules, pursuant to chapter 1-26, to specify the manner in which a person may:

(1) Obtain an identification number under § 34-18-37;

(2) Keep an assigned identification number active, which shall include the producer notifying the department of any change of information; and

(3) Request and obtain from the department under § 34-18-37.1 the producer's physical address of production, mailing address, and telephone number.

Section 2. That § 34-18-38 be AMENDED:

34-18-38. Sale of non-temperature-controlled baked goods from primary residence--Exemption from licensure--Conditions for exemption.

Any person selling non-temperature-controlled baked goods from at the person's own primary residence is exempt from the licensing and license fee provisions of this chapter under the following conditions if:

(1) Any non-temperature-controlled baked goods sold from a person's own primary residence is for consumption off the premises;

(2) AnyThe non-temperature-controlled baked goods sold from a person's own primary residence meets meet the requirements of § 34-18-37; and

(3)(2) The total gross receipts from the sale of non-temperature-controlled baked goods from the person's own primary residence does not exceed five thousand dollars in a calendar year are sold in the seller's physical presence at:

(a) The seller's primary residence;

(b) A farmer's market;

(c) A roadside stand; or

(d) Other temporary sale venue; and

(3) The seller, or a person residing at the seller's primary residence, personally delivers the non-temperature-controlled baked goods to the buyer at the completion of the sale.