South Dakota Codified Laws 34-18-38. Exemption from licensure–Requirements
Current as of: 2023 | Check for updates
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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;
Terms Used In South Dakota Codified Laws 34-18-38
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Venue: The geographical location in which a case is tried.
(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.