South Dakota Attorney General Releases Draft Ballot Explanation for 2028 Homemade Dairy Products Measure
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South Dakota Attorney General Releases Draft Ballot Explanation for 2028 Homemade Dairy Products Measure

Hands of diverse voters insert blank ballots into a red VOTE box against a blue striped backdrop.

Northeast Radio SD News – South Dakota - South Dakota Attorney General Marty Jackley has released a draft ballot explanation for a proposed initiated measure that would allow exceptions for the direct sale of homemade dairy products. Brenda Anderson of Custer submitted the proposal.


The clarification from the Attorney General’s Office notes that this proposal is not a constitutional amendment, but an initiated measure. To qualify for the 2028 general election ballot, supporters must gather 17,509 valid petition signatures.


What the Measure Would Do

According to the draft explanation, the initiated measure would:


·        Allow dairy producers to sell homemade, raw dairy products directly to consumers.

·        Exempt those products from state requirements for licensing, permitting, inspecting, testing, packing, and labeling.


State law requires the Attorney General to prepare a title and explanation for all ballot measures. The explanation must be an objective, clear, and simple summary describing the purpose, effect, and legal consequences of the proposal. The Attorney General does not take a position for or against any measure.


Public Comment Period Open

The draft explanation was filed July 24, 2026, triggering a 10‑day public comment period. Written comments must be received by Aug. 3, 2026, at the close of business in Pierre. The final explanation is due to the Secretary of State on Aug. 13, 2026.


Comments may be submitted by mail, hand delivery, or email:


Mail or Hand Delivery: Office of the Attorney General Ballot Comment 1302 S.D. E. Hwy 1889, Pierre, SD 57501


Email: ATGballotcomments@state.sd.us. Comments must be included in the body of the email, and attachments will not be opened. Each submission must include the commenter’s name, contact information, and the title of the comment in the subject line.


Copies of all submitted comments will be posted on the Attorney General’s website. The draft explanation is available at: https://atg.sd.gov/docs/July%2024%202026%20ltr.MJJ%20Draft%20AG%20Statement.%20IM%20Direct%20Sales%20of%20Dairy%20Products.pdf.


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