Cottage Foods Law Reform Up Monday!

HB 1322 will be heard in House Commerce & Energy Committee this Monday, 2/14, and we ask for your help to secure its passage. DRA worked with member-producers, consumers, and farmers market managers over the summer and fall to draft these updates that allow for more food entrepreneurs to sell a broader range of foods direct to consumers, safely.

The bill makes a number of positive changes for food entrepreneurs, including:

  • Allows a broader range of foods to be sold direct to consumers throughout the state, including fermented foods, kuchen, pesto, frozen fruits & vegetables;
  • Gives producers the ability to make variations in canned acid & acidified foods based on what is in seasonal supply without having to re-certify each recipe;
  • Provides a low-cost online food safety training (with renewal every five years) that allows for sale of the full range of foods under the law;
  • Preserves the ability to sell shelf stable baked goods with no additional licensing requirements; AND
  • Removes requirement for 3rd Party Processing Authority certification of canned foods, BUT allows producers to continue selling recipes certified under that system

Contact the House Commerce Committee and ask them to support HB 1322!
Click the links below to send a short, personal email in support.
Or, if you’re at a cracker barrel or legislative coffee this weekend, please ask for their support in person.
Questions about the bill? Contact Rebecca at (605) 697-5204 x260 or

Rhonda Milstead (bill sponsor); Arch Beal; David Anderson; Hugh Bartels; Shawn Bordeaux; Trish Ladner; Carl Perry (bill sponsor); Tim Reed; Lynn Schneider; Richard Vasgaard; Kaleb Weis; Mike Weisgram; Mark Willadsen

Bill Tracking

SB 166, which seeks to repeal the 4.5% state sales tax from food purchases, will have its first hearing on Wednesday, Feb. 16th at 10am in the Senate Taxation Committee. There are other bills currently proposing to lower the general sales tax rate by .5%. However, because of the inequitable impact of food taxes have upon low income communities we believe that this regressive tax should be the first to go.

A general tax rate reduction would clearly be of greater benefit to those households with the capacity to spend more. The beauty of repealing the food tax is that it does not pick and choose who it benefits based upon household income, but would benefit every South Dakotan, and for food insecure households, the increased spending power would directly translate into increased nutrition and nourishment. 

A few other bills to note include SB 123 and SB 124, which both relate to voting processes and have their first hearings this coming week. We are watching these to see if they will result in any voting disenfranchisement. 

SB 85–to fund further study of the massive Missouri River Pipeline Project to supply water to West River communities was tabled in Senate State Affairs this week so the $10M request could be rolled into a much larger $600M appropriation bill for water projects of all shapes and sizes. 

Updates on Previous Bills

Passed Bills: SB 36, SB 80

Killed Bills: HB 1181, HB 1081, HB 1170, HB 1150, HB 1144, HB 1140, HB 1331

Get involved with our legislative work! 

 A group of interested members from across the state meet every Thursday evening by zoom at 6:30pm CT (5:30pm MT) to talk through bills we’re watching, negotiations we are involved in, and strategy on various issues. This last week we enjoyed having the Local Foods Committee join us for a strategic planning session. If you are interested in learning more about our work in Pierre, or want to share your expertise and thoughts on topics like energy, water rights, agricultural practices and policy, etc. – consider joining the Legislative Committee!

Contact Lobbyist Chase Jensen at or call (605) 697-5204 x250 with questions or to serve on the legislative committee.

DRA’s work at the Legislative Session is 100% funded by people like YOU!
Please consider an investment in our legislative fund by visiting:
Or, you can mail donations to us at PO Box 549 Brookings, SD 57006
Thank you!