Is Raw Milk Sales Legal in South Dakota?
Raw Milk Sales is legal with restrictions in South Dakota as of 2026. In South Dakota, raw milk sales are allowed only through herd-share agreements and not through retail sales. The state prohibits direct retail sales of raw milk to consumers under SDCL § 39-13-1 to 39-13-12, but permits possession and consumption via herd shares.
Raw Milk Sales is LEGAL WITH RESTRICTIONS in South Dakota
Raw Milk Sales is legal in South Dakota but with specific restrictions and regulations.
Raw Milk Sales Laws in South Dakota: Quick Facts
- 1 Legal Status: Raw Milk Sales is currently legal with restrictions in South Dakota.
- 2 Possession: Allowed if obtained through herd-share agreements; possession outside herd-share arrangements is not explicitly prohibited but retail purchase is illegal.
- 3 Sale: Retail sale of raw milk is prohibited; only herd-share sales are permitted.
- 4 Age Restriction: None
- 5 Penalties: Violations can result in misdemeanor charges and fines under SDCL § 39-13-12.
Detailed Legal Breakdown
| Possession | Allowed if obtained through herd-share agreements; possession outside herd-share arrangements is not explicitly prohibited but retail purchase is illegal. |
| Sale | Retail sale of raw milk is prohibited; only herd-share sales are permitted. |
| Age Restriction | None |
| Penalties | Violations can result in misdemeanor charges and fines under SDCL § 39-13-12. |
| Pending Legislation | None known |
How Does South Dakota Compare?
Across all 50 states, Raw Milk Sales is fully legal in 6 states, legal with restrictions in 24 states, and illegal in 20 states. South Dakota is among the 24 states where it is legal with restrictions.
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Editorial Standards
This page was researched and written by the editorial team at IsThisLegalInMyState.com. All legal information is sourced directly from official state statutes, regulatory agency publications, and legislative databases. Our team reviews each page for accuracy and updates it when laws change.
Source
Citation: South Dakota Codified Laws, Chapter 39-13
https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=39-13
Last verified: 2026-01-15
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