The governor has the chance to put his mark on whether cell-cultivated protein, also called fake meat by some lawmakers, should be considered “adulterated” in South Dakota.
That’s because lawmakers have passed a bill on the issue, putting it on his desk.
House Bill 1077 labels cultivated-protein food products to be an adulterated food in the state. In South Dakota, adulterated foods can’t be put on shelves. In previous committee hearings, proponents of the bill indicated they were not aware of any such products currently on South Dakota shelves being sold. Lawmakers have stamped their position, placing the proteins in the same category as foods with poisonous ingredients consisting of a portion of animal unfit for food and containing a portion of a diseased animal.
Some legislators maintain while they wouldn’t personally buy the product, it shouldn’t be deemed adulterated if it’s approved by the FDA.
Sen. Jamie Smith voted no on the bill in the Senate. He said he thinks the decision should be rooted in science.
“So, we’re making statements out about something that are inherently conjecture," Smith said on the Senate floor. "We’re thinking that might be what this is, but we don’t know.”
Smith said it should be up to the individual.
“If you look at me, you know I eat plenty of steak, okay? I like steak, and I like it from a real cow. But I also have half my wife’s family, they’re vegetarian. And you know what, they get to be themselves too," Smith said. "But there might be some of them that want to get their protein source from a different way. And I’m going to stand in their way and say, ‘You can’t make that choice for yourself? I don’t think that’s fair to them.”
Opponents are also concerned the state could face a lawsuit if the bill becomes law. However, many want to see the food considered adulterated for a variety of reasons.
Sen. Lauren Nelson is the Senate sponsor. She said one reason is safety.
“It is our job as the Legislature when we see something that has the potential to hurt the people of our state, we need to step up and do something,” Nelson said.
And she also said it threatens the state’s ag industry.
“We do know the target of their campaign to expand cell-cultured meat. My fellow Senators, this is not about consumer choice; this is not about feeding people," Nelson said. "This is about directly challenging and ultimately replacing our livestock producers. That makes this a direct threat to the economic engine of our state. Don’t let anybody tell you otherwise.”
Lawmakers in the House approved the bill 45-22. In the Senate, it passed by a narrow margin 18-16.
After passing through both the House and Senate, Gov. Larry Rhoden has the chance to either veto or sign HB 1077 into law.
