South Dakota § 34-18-38 Exemption from licensure––Requirements.

South Dakota Statutes

§ 34-18-38 — Exemption from licensure––Requirements.

South Dakota § 34-18-38

Title 34PUBLIC HEALTH AND SAFETY

Ch. 34-17HEALTH REGULATION OF LODGING AND FOOD SERVICE ESTABLISHMENTS AND CAMPGROUNDS

This text of South Dakota § 34-18-38 (Exemption from licensure––Requirements.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 34-18-38 (2026).

Text

A person selling food prepared at the person's primary residence, in accordance with § 34-18-35 , is exempt from the licensing and license fee provisions of this chapter if:

(1)The food meets the requirements of § 34-18-37 ;

(2)The food is 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 food to the buyer at the completion of the sale.

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A person selling food prepared at the person's primary residence, in accordance with § 34-18-35 , is exempt from the licensing and license fee provisions of this chapter if: (1) The food meets the requirements of § 34-18-37 ; (2) The food is 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 food to the buyer at the completion of the sale.