South Dakota Statutes

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

South Dakota·Title 34 PUBLIC HEALTH AND SAFETY·Ch. 34-17 HEALTH REGULATION OF LODGING AND FOOD SERVICE ESTABLISHMENTS AND CAMPGROUNDS

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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South Dakota § 34-18-38 (Exemption from licensure––Requirements.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

SL 2011, ch 158, § 1; SL 2020, ch 143, § 2; SL 2022, ch 106, § 5.

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