South Dakota Code § 34-18-38

Exemption from licensure––Requirements
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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
;
(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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