34-18-38. Exemption from licensure––Requirements.
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.
Source: SL 2011, ch 158, §1; SL 2020, ch 143, §2; SL 2022, ch 106, §5.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds
Section 34-18-1 - Definition of terms.
Section 34-18-6 - Agreements between secretary of health and other agencies.
Section 34-18-8 - Deposit and accounting for money received.
Section 34-18-9.1 - Definition of terms related to bed and breakfast establishments.
Section 34-18-9.2 - Exemption for bed and breakfast establishment.
Section 34-18-10 - Annual license required--Contents of application.
Section 34-18-10.2 - Notice--Closure order on failure to secure license--Injunctive relief.
Section 34-18-10.3 - Verification requirement for annual renewal of license.
Section 34-18-11 - Annual fees for food service and lodging establishment licenses.
Section 34-18-11.1 - Annual campground license fee.
Section 34-18-11.2 - Annual fees for water recreational facilities.
Section 34-18-13 - Prorated license fee for less than full year.
Section 34-18-14 - Issuance of license when establishment in compliance.
Section 34-18-14.1 - Issuance of provisional license.
Section 34-18-15 - Expiration of license--New license required on change in ownership or location.
Section 34-18-16 - Mobile food service license fee.
Section 34-18-21.1 - Confidentiality of information obtained through inspection of records.
Section 34-18-21.2 - Review of requests for inspection of records.
Section 34-18-22 - Health and safety requirements--Procedure for rules and regulations.
Section 34-18-22.1 - Fire safety standards for specialty resort with less than ten occupants.
Section 34-18-22.2 - Fire safety standards for specialty resort with ten or more occupants.
Section 34-18-22.3 - Fire safety standards for vacation home establishments.
Section 34-18-23 - Notice to department of construction and alteration of establishments.
Section 34-18-24 - Departmental inspections of lodging establishments and campgrounds.
Section 34-18-25.2 - Refusal to allow inspection--Suspension or revocation proceedings.
Section 34-18-25.3 - Inspection of exempt establishments and campgrounds--Scope.
Section 34-18-26.1 - Follow-up inspection--Fee.
Section 34-18-26.2 - Expedited follow-up inspection process.
Section 34-18-27 - Summary suspension of license on discovery of hazardous condition.
Section 34-18-27.1 - Grounds for denial, suspension, or revocation of license.
Section 34-18-27.2 - Consideration of new application after correction of conditions.
Section 34-18-28 - Request for hearing on license suspension or revocation or closure order.
Section 34-18-31 - Precedence over other statutes.
Section 34-18-33 - Severability of provisions.
Section 34-18-34 - Farmer's market fresh fruits and vegetables--Licensure exemption.
Section 34-18-35 - Sale of homemade foods and food products.
Section 34-18-36 - Canned goods––Requirements.
Section 34-18-36.1 - Food safety training––Authorized sales.
Section 34-18-37 - Label requirements.
Section 34-18-38 - Exemption from licensure––Requirements.
Section 34-18-39 - Definition of terms--Camping liability--Immunity.
Section 34-18-40 - Camping liability--Immunity granted.