HB 1077 — consider a cultivated-protein food product to be adulterated food.
Last action — Delivered veto sustained to the Secretary of State H.J. 583
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 16, 2026. Enacted.
Signed by Governor Larry Rhoden (Republican) on February 09, 2026.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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23 sponsors
23 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (23 R).
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Mixed recorded votes
4 passed, 1 failed in recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
66 added · 44 removed66 line(s) added, 44 removed.
26.700.926.700.10 101st Legislative Session 1077 South Dakota Legislature House Bill 1077 IntroducedENROLLED by:AN A CT ENTITLED An Act to consider a cultivated-protein food product to be adulterated food.
Representative Auch An Act to consider a cultivated-protein food product to be adulterated food.
For the purposes of this title, food shall be is deemed to be adulterated:
(1) If any substance has been mixed and packed with it so as the food to reduce, lower, or injuriously affect its the food's quality or strength;
(2) If any substance has been substituted wholly or in part for it the food;
(3) If any valuable constituent thereof of the food has been wholly or in part abstracted;
(4) If it be the food is mixed, colored, powdered, coated, or stained in a manner whereby to conceal damage or inferiorityinferiority; is concealed;
(5) If it contain the food contains any poisonous or otherwise deleterious ingredient, added or natural, which may render it the food injurious to health:,health, provided that when in the preparation of food products the food is being prepared for shipment, they are it is preserved by an external application applied in such manner so that the preservative is necessarily removed mechanically, or by maceration in water, or otherwise before eating, and directions for the removal of such the preservative shall be are plainly and conspicuously printed on the label of the package, the provisions of this chapter shall be are construed as applying only when such the products are ready for consumption;
(6) If it consists in whole or in part ofof: a:
(a) A filthy, decomposed, or putrid animal or vegetable substance,substance; or of any;
(b) Any portion of any animal unfit for food,food; whether manufactured or not;
(c) Any product of a portion of a diseased animal or ifof itan isanimal the;that has been fed upon the uncooked offal from a slaughterhouse or other substance unfit for animal food, or of an animal that has died otherwise than by slaughter;
(c)26.700.10 Any2 product1077 of(7) aIf portionin ofthe amanufacture, diseasedsale, animaldistribution, transportation, or ofin anthe animaloffering whichor thatexposing hasfor beensale, feddistribution, uponor thetransportation, uncookedit offalis not at all times securely protected from aall slaughterhousefilth, flies, dust, contamination, or other Overstrikesunclean, indicateunhealthful, deletedor language.insanitary conditions;
26.700.9 2 1077 substance unfit for animal food, or of one an animal that has died otherwise than by slaughter;
or (7) If in the manufacture, sale, distribution, transportation, or in the offering or exposing for sale, distribution, or transportation, it is not at all times securely protected from all filth, flies, dust, contamination, or other unclean, unhealthful, or insanitary conditions;
UnderscoresHB1077 indicateENROLLED new26.700.10 language.3 1077 An Act to consider a cultivated-protein food product to be adulterated food.
OverstrikesReceived indicateat deletedthis language.Executive Office I certify that the attached Act originated in this _____ day of _____________, the:
at ____________M.
House as Bill No.
1077 By Chief Clerk of the House for the Governor The attached Act is hereby approved this ________ day of Speaker of the House ______________, A.D., 2026 Attest:
Governor Chief Clerk of the House STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State President of the Senate Filed ____________, 2026 Attest:
at _________ o'clock __M.
Secretary of the Senate Secretary of State House Bill No.
1077 By File No.
____ Asst.
Secretary of State Chapter No.
______ HB1077 ENROLLED
Action History
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Delivered veto sustained to the Secretary of State H.J. 583
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Veto override , Passed, YEAS 32, NAYS 32 H.J. 581
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Vetoed by the Governor H.J. 270
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Delivered to the Governor on 2026-02-10 H.J. 271
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Signed by the President S.J. 223
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Signed by the Speaker H.J. 251
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Senate Do Pass , Passed, YEAS 18, NAYS 16 S.J. 202
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Agriculture and Natural Resources Do Pass , Passed, YEAS 4, NAYS 3 S.J. 9
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Scheduled for hearing S.J. 1
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First read in Senate and referred to Senate Agriculture and Natural Resources S.J. 143
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House of Representatives Do Pass , Passed, YEAS 45, NAYS 22 H.J. 168
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Agriculture and Natural Resources Do Pass , Passed, YEAS 9, NAYS 3 H.J. 8
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Scheduled for hearing H.J. 1
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First read in House and referred to House Agriculture and Natural Resources H.J. 42
Sponsors
- Mykala Voita · Primary
- John Sjaarda · Primary
- Tesa Schwans · Primary
- Brandei Schaefbauer · Primary
- Tony Randolph · Primary
- Carl Perry · Primary
- Kaley Nolz · Primary
- Lauren Nelson · Primary
- Scott Moore · Primary
- Logan Manhart · Primary
- Karla Lems · Primary
- Dylan Jordan · Primary
- Phil Jensen · Primary
- Kevin Jensen · Primary
- Travis Ismay · Primary
- Jana Hunt · Primary
- Joy Hohn · Primary
- Tamara Grove · Primary
- John Carley · Primary
- Heather Baxter · Primary
- Aaron Aylward · Primary
- Bobbi Andera · Primary
- Julie Auch · Primary
Sponsorship breakdown
Export CSV (upgrade) →23 sponsors · 0 co-sponsors · 82 not signed on · 48 voted No
Sponsors (23)
- Mykala Voita Republican
- John Sjaarda Republican
- Tesa Schwans Republican
- Brandei Schaefbauer Republican
- Tony Randolph Republican
- Carl Perry Republican
- Kaley Nolz Republican
- Lauren Nelson Republican
- Scott Moore Republican
- Logan Manhart Republican
- Karla Lems Republican
- Dylan Jordan Republican
- Phil Jensen Republican
- Kevin Jensen Republican
- Travis Ismay Republican
- Jana Hunt Republican
- Joy Hohn Republican
- Tamara Grove Republican
- John Carley Republican
- Heather Baxter Republican
- Aaron Aylward Republican
- Bobbi Andera Republican
- Julie Auch Republican
Co-sponsors (0)
None.
Not signed on (82)
82 members have not signed on to this bill.
Show all 82 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 32 | 25 | 0 | 6 |
| Democratic | 0 | 5 | 0 | 0 |
| Unaffiliated | 0 | 2 | 0 | 0 |
| Total | 32 | 32 | 0 | 6 |
| % of votes cast | 46% | 46% | 0% | 9% |
How each member voted (70)
| Member | Party | Vote |
|---|---|---|
| Kolbeck (Jack) | — | Nay |
| Van Diepen | — | Nay |
| Eric Emery | Democratic | Nay |
| Erik Muckey | Democratic | Nay |
| Erin Healy | Democratic | Nay |
| Kadyn Wittman | Democratic | Nay |
| Nicole Uhre-Balk | Democratic | Nay |
| Aaron Aylward | Republican | Yea |
| Al Novstrup | Republican | Nay |
| Amber Arlint | Republican | Nay |
| Bethany Soye | Republican | Not Voting |
| Bobbi Andera | Republican | Yea |
| Brandei Schaefbauer | Republican | Yea |
| Brian Mulder | Republican | Nay |
| Chris Kassin | Republican | Nay |
| Curt Massie | Republican | Nay |
| David Kull | Republican | Nay |
| Drew Peterson | Republican | Nay |
| Dylan Jordan | Republican | Yea |
| Greg Jamison | Republican | Yea |
| Heather Baxter | Republican | Yea |
| Jana Hunt | Republican | Yea |
| Jeff Bathke | Republican | Not Voting |
| Jessica Bahmuller | Republican | Yea |
| Jim Halverson | Republican | Nay |
| John Hughes | Republican | Yea |
| John Shubeck | Republican | Yea |
| John Sjaarda | Republican | Yea |
| Jon Hansen | Republican | Yea |
| Josephine Garcia | Republican | Yea |
| Julie Auch | Republican | Yea |
| Kaley Nolz | Republican | Yea |
| Karla Lems | Republican | Yea |
| Kathy Rice | Republican | Yea |
| Kent Roe | Republican | Nay |
| Keri Weems | Republican | Nay |
| Lana Greenfield | Republican | Yea |
| Leslie Heinemann | Republican | Yea |
| Liz May | Republican | Not Voting |
| Logan Manhart | Republican | Yea |
| Marty Overweg | Republican | Yea |
| Mary Fitzgerald | Republican | Nay |
| Matt Roby | Republican | Nay |
| Mellissa Heermann | Republican | Nay |
| Mike Derby | Republican | Nay |
| Mike Stevens | Republican | Nay |
| Mike Weisgram | Republican | Nay |
| Nick Fosness | Republican | Nay |
| Peri Pourier | Republican | Not Voting |
| Phil Jensen | Republican | Yea |
| Rebecca Reimer | Republican | Not Voting |
| Roger DeGroot | Republican | Nay |
| Scott Moore | Republican | Yea |
| Scott Odenbach | Republican | Yea |
| Spencer Gosch | Republican | Yea |
| Steve Duffy | Republican | Nay |
| Taylor Rehfeldt | Republican | Nay |
| Terri Jorgenson | Republican | Yea |
| Tesa Schwans | Republican | Yea |
| Tim Czmowski | Republican | Nay |
| Tim Goodwin | Republican | Yea |
| Tim Reisch | Republican | Nay |
| Tim Walburg | Republican | Not Voting |
| Tina Mulally | Republican | Yea |
| Tony Kayser | Republican | Yea |
| Tony Randolph | Republican | Yea |
| Travis Ismay | Republican | Yea |
| Trish Ladner | Republican | Nay |
| Will Mortenson | Republican | Nay |
| William Shorma | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 17 | 13 | 0 | 1 |
| Democratic | 1 | 2 | 0 | 0 |
| Unaffiliated | 0 | 1 | 0 | 0 |
| Total | 18 | 16 | 0 | 1 |
| % of votes cast | 51% | 46% | 0% | 3% |
How each member voted (35)
| Member | Party | Vote |
|---|---|---|
| Otten | — | Nay |
| Jamie Smith | Democratic | Nay |
| Liz Larson | Democratic | Nay |
| Red Dawn Foster | Democratic | Yea |
| Amber Hulse | Republican | Yea |
| Arch Beal | Republican | Not Voting |
| Brandon Wipf | Republican | Nay |
| Carl Perry | Republican | Yea |
| Casey Crabtree | Republican | Nay |
| Chris Karr | Republican | Yea |
| Curt Voight | Republican | Yea |
| Glen Vilhauer | Republican | Nay |
| Greg Blanc | Republican | Yea |
| Helene Duhamel | Republican | Nay |
| Jim Mehlhaff | Republican | Yea |
| John Carley | Republican | Yea |
| Joy Hohn | Republican | Yea |
| Kevin Jensen | Republican | Yea |
| Kyle Schoenfish | Republican | Nay |
| Larry Zikmund | Republican | Nay |
| Lauren Nelson | Republican | Yea |
| Mark Lapka | Republican | Yea |
| Michael Rohl | Republican | Nay |
| Mykala Voita | Republican | Yea |
| Paul Miskimins | Republican | Nay |
| Randy Deibert | Republican | Nay |
| Sam Marty | Republican | Yea |
| Stephanie Sauder | Republican | Nay |
| Steve Kolbeck | Republican | Nay |
| Sue Peterson | Republican | Yea |
| Sydney Davis | Republican | Nay |
| Taffy Howard | Republican | Yea |
| Tamara Grove | Republican | Yea |
| Tim Reed | Republican | Nay |
| Tom Pischke | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 4 | 3 | 0 | 0 |
| Total | 4 | 3 | 0 | 0 |
| % of votes cast | 57% | 43% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Brandon Wipf | Republican | Nay |
| Curt Voight | Republican | Yea |
| Helene Duhamel | Republican | Nay |
| Kevin Jensen | Republican | Yea |
| Sam Marty | Republican | Yea |
| Sydney Davis | Republican | Nay |
| Tom Pischke | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 43 | 17 | 0 | 3 |
| Democratic | 1 | 4 | 0 | 0 |
| Unaffiliated | 1 | 1 | 0 | 0 |
| Total | 45 | 22 | 0 | 3 |
| % of votes cast | 64% | 31% | 0% | 4% |
How each member voted (70)
| Member | Party | Vote |
|---|---|---|
| Kolbeck (Jack) | — | Yea |
| Van Diepen | — | Nay |
| Eric Emery | Democratic | Yea |
| Erik Muckey | Democratic | Nay |
| Erin Healy | Democratic | Nay |
| Kadyn Wittman | Democratic | Nay |
| Nicole Uhre-Balk | Democratic | Nay |
| Aaron Aylward | Republican | Yea |
| Al Novstrup | Republican | Yea |
| Amber Arlint | Republican | Nay |
| Bethany Soye | Republican | Yea |
| Bobbi Andera | Republican | Yea |
| Brandei Schaefbauer | Republican | Yea |
| Brian Mulder | Republican | Yea |
| Chris Kassin | Republican | Nay |
| Curt Massie | Republican | Nay |
| David Kull | Republican | Yea |
| Drew Peterson | Republican | Nay |
| Dylan Jordan | Republican | Yea |
| Greg Jamison | Republican | Yea |
| Heather Baxter | Republican | Yea |
| Jana Hunt | Republican | Yea |
| Jeff Bathke | Republican | Not Voting |
| Jessica Bahmuller | Republican | Yea |
| Jim Halverson | Republican | Nay |
| John Hughes | Republican | Yea |
| John Shubeck | Republican | Yea |
| John Sjaarda | Republican | Yea |
| Jon Hansen | Republican | Yea |
| Josephine Garcia | Republican | Yea |
| Julie Auch | Republican | Yea |
| Kaley Nolz | Republican | Yea |
| Karla Lems | Republican | Yea |
| Kathy Rice | Republican | Yea |
| Kent Roe | Republican | Nay |
| Keri Weems | Republican | Nay |
| Lana Greenfield | Republican | Yea |
| Leslie Heinemann | Republican | Yea |
| Liz May | Republican | Yea |
| Logan Manhart | Republican | Yea |
| Marty Overweg | Republican | Yea |
| Mary Fitzgerald | Republican | Yea |
| Matt Roby | Republican | Nay |
| Mellissa Heermann | Republican | Nay |
| Mike Derby | Republican | Yea |
| Mike Stevens | Republican | Nay |
| Mike Weisgram | Republican | Nay |
| Nick Fosness | Republican | Nay |
| Peri Pourier | Republican | Yea |
| Phil Jensen | Republican | Yea |
| Rebecca Reimer | Republican | Nay |
| Roger DeGroot | Republican | Not Voting |
| Scott Moore | Republican | Yea |
| Scott Odenbach | Republican | Yea |
| Spencer Gosch | Republican | Yea |
| Steve Duffy | Republican | Nay |
| Taylor Rehfeldt | Republican | Nay |
| Terri Jorgenson | Republican | Yea |
| Tesa Schwans | Republican | Yea |
| Tim Czmowski | Republican | Yea |
| Tim Goodwin | Republican | Yea |
| Tim Reisch | Republican | Nay |
| Tim Walburg | Republican | Yea |
| Tina Mulally | Republican | Yea |
| Tony Kayser | Republican | Yea |
| Tony Randolph | Republican | Yea |
| Travis Ismay | Republican | Yea |
| Trish Ladner | Republican | Yea |
| Will Mortenson | Republican | Nay |
| William Shorma | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 9 | 2 | 0 | 1 |
| Democratic | 0 | 1 | 0 | 0 |
| Total | 9 | 3 | 0 | 1 |
| % of votes cast | 69% | 23% | 0% | 8% |
How each member voted (13)
| Member | Party | Vote |
|---|---|---|
| Kadyn Wittman | Democratic | Nay |
| Drew Peterson | Republican | Nay |
| Jana Hunt | Republican | Yea |
| John Shubeck | Republican | Yea |
| Kaley Nolz | Republican | Yea |
| Kathy Rice | Republican | Yea |
| Kevin Van Diepen | Republican | Nay |
| Liz May | Republican | Not Voting |
| Marty Overweg | Republican | Yea |
| Spencer Gosch | Republican | Yea |
| Tim Goodwin | Republican | Yea |
| Travis Ismay | Republican | Yea |
| Trish Ladner | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors HB 1077?
- HB 1077 is sponsored by Mykala Voita (Republican), John Sjaarda (Republican), Tesa Schwans (Republican), Brandei Schaefbauer (Republican), Tony Randolph (Republican), Carl Perry (Republican), Kaley Nolz (Republican), Lauren Nelson (Republican), Scott Moore (Republican), Logan Manhart (Republican), Karla Lems (Republican), Dylan Jordan (Republican), Phil Jensen (Republican), Kevin Jensen (Republican), Travis Ismay (Republican), Jana Hunt (Republican), Joy Hohn (Republican), Tamara Grove (Republican), John Carley (Republican), Heather Baxter (Republican), Aaron Aylward (Republican), Bobbi Andera (Republican), and Julie Auch (Republican).
- What is the current status of HB 1077?
- This bill has been enacted into law. Introduced January 16, 2026. Enacted.
- Where can I track HB 1077?
- Track HB 1077 free on One Click Politics — get push/email alerts when it moves.
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