Gov. Larry Rhoden is vetoing a bill prohibiting cell-cultured protein in South Dakota.

HB 1077 labels a cultivated protein — which some lawmakers refer to as “fake meat” — as an adulterated food. That means it can’t be sold in South Dakota.

The Legislature passed the bill last week, despite some lawmakers voicing concerns over fairness and potentially setting the state up for lawsuits. Rhoden echoed those concerns in the statement announcing his veto on Monday. But that statement also set the stage for a potential compromise.

“While you won’t catch me eating these products, it is against our values to ban products just because we don’t like them. Fortunately, HB 1077 need not be the last word on this issue this Session,” Rhoden said.

The governor is asking lawmakers to pass an amended form of a similar bill. He offered his support if that bill met several benchmarks:

• Impose a five-year temporary moratorium to permit further study within the existing regulatory framework and allow the pending litigation in other states to further unfold;
• Respect constitutional limits and reduce the risk of unnecessary litigation; and
• Preserve South Dakota’s long-standing commitment to our values.  

The South Dakota Farm Bureau, the South Dakota Cattlemen’s Association and South Dakota Retailers all sent letters of support for vetoing the bill.

It’s the first bill Rhoden has vetoed this session. Lawmakers can overturn a veto with a two-third majority in each chamber. However, HB 1077 passed the Senate by only two votes, well short of that threshold.