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HB 1064

provide for the sale of producer-raised meat and meat food products directly to consumers pending legalization under federal law.

2026 Regular Session Introduced by Julie Auch and 29 co-sponsors

Allows producer-raised, on-site slaughtered meat to be sold directly to South Dakota consumers, but only once federal legalization of uninspected direct-to-consumer meat sales occu

Signed by the Governor on 2026-02-17 H.J. 326
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WeVote Research Nonpartisan
Bill Summary · HB 1064

Summary of HB 1064 (South Dakota, 2026)

Purpose

HB 1064 provides a framework for producers to sell meat and meat food products directly to consumers within South Dakota, pending legalization under federal law. The bill is designed to allow producer-raised, on-site slaughtered meat to be sold directly to end customers in select venues, while awaiting federal legality for uninspected direct-to-consumer sales.

Key Provisions

  • Scope and eligibility

    • Applies to meat and meat food products from cattle, sheep, swine, or goats.
    • The animal must be raised by the producer for at least 90 days.
    • Slaughter and processing must occur in-state (on the producer’s premises or at a custom exempt plant).

  • Sales conditions

    • Sales must be made directly to an end consumer within South Dakota.
    • Permissible sale venues include:
    • The seller’s primary residence
    • Farmers’ markets
    • Roadside stands
    • Other temporary sale venues

  • Labeling and consumer acknowledgment

    • Each packaged product must include a label stating:
    • The meat has not been inspected and is not regulated.
    • The consumer agrees not to sell, donate, or commercially redistribute the product.

  • Federal-law trigger (Effective date)

    • Section 2 provides that Section 1 becomes effective only when the Attorney General certifies that such direct-to-consumer sales of meat not inspected under federal law are legalized.
    • Legalization can occur by:
    • Enactment of federal law permitting uninspected direct-to-consumer meat sales, or
    • A federal court decision declaring the federal prohibition unconstitutional or invalid.

Affected Parties

  • Primary actors
    • Producers raising cattle, sheep, swine, or goats in South Dakota who slaughter on-site or at a custom exempt plant.
  • Consumers
    • Individuals purchasing meat directly from producers under the specified conditions.
  • Regulatory/Enforcement
    • Requires labeling to inform consumers of non-inspected status and restrictions on redistribution.
    • No active state inspection regime is created; use relies on federal-law status.

Procedural and Timeline Aspects

  • Legal trigger for effectiveness
    • The new section becomes effective only after the Attorney General certifies federal legalization of uninspected direct-to-consumer meat sales (or a federal court outcome declares the federal prohibition unconstitutional/invalid).
  • Current status indicators (from text)
    • The bill was amended (1064B) and advanced through the South Dakota Legislature with multiple sponsor colleagues.
    • Governor’s action history indicates signing in February 2026, suggesting legislative approval and executive sign-off occurred, but the key effectiveness still hinges on federal legalization trigger.

Practical Considerations and Impacts

  • Food safety and labeling
    • Consumers are explicitly informed about lack of federal inspection and non-regulated status.
    • Redistribution restrictions are enforced at the point of sale, aiming to limit secondary commercial spread.
  • Market implications
    • Enables small-scale producers to reach consumers directly, potentially expanding local meat markets if federal policy changes permit uninspected sales.
  • Limitations
    • The policy is contingent on federal action; without federal legalization, Section 1 cannot take effect.
    • Slaughter and processing must occur in-state, and animals must be raised for at least 90 days.

Bottom Line

HB 1064 creates a conditional, locally focused path for producer-raised meat to be sold directly to consumers in South Dakota, contingent on federal legalization of uninspected direct-to-consumer meat sales. It emphasizes direct farmer-to-consumer sales, transparent labeling, and consumer safeguards, while deferring full effectiveness until federal law or court decisions permit such practices.

Compiled from official sources — confirm details with the bill’s official record.

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