Attorney General Jackley Releases 2028 Draft Ballot Explanation Allowing Exceptions for Direct Sale of Homemade Dairy Products

FOR IMMEDIATE RELEASE: Friday, July 24, 2026

Contact: Tony Mangan, Communications Director, 605-773-6878   

PIERRE, S.D. - 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. The measure is proposed by Brenda Anderson of Custer.

The initiated measure would require 17,509 valid petition signatures to qualify for the 2028 general election ballot.

Attorney General Jackley takes no position on any such proposal. He has provided a fair and neutral explanation on the proposed constitutional amendment to help assist the voters.

This proposed initiated measure would allow dairy producers to sell homemade, raw dairy products directly to consumers. Under this proposal, raw dairy products would be exempt from state laws on licensing, permitting, inspecting, testing, and state packing and label requirements.

State law requires the Attorney General to draft a title and explanation for each initiated measure, initiated constitutional amendment, constitutional amendment proposed by the Legislature, or referred measure that may appear on an election ballot. The Attorney General's explanation is meant to be an "objective, clear, and simple summary" intended to "educate the voters of the purpose and effect of the proposed" measure, as well as identify the "legal consequences" of each measure.

Once the Attorney General has filed and posted the draft explanation, the public has 10 days to provide written comment. The explanation was filed today July 24, 2026, and the deadline for comments on this explanation is Aug. 3, 2026, at the close of business in Pierre, South Dakota. The final explanation is due to the Secretary of State on Aug. 13, 2026. To file written comments for a draft Attorney General's explanation please use one of the following methods below. Copies of all received comments will be posted on this website.

Comments may be submitted via mail, or through hand delivery, to the Attorney General's Office at:

Office of the Attorney General

Ballot Comment

1302 S.D. E. Hwy 1889

Pierre, SD 57501

Comments that are hand delivered must be received by the close of business in Pierre, South Dakota, by Aug. 3, 2026. Comments that are mailed must be received by the Aug. 3, 2026 deadline to be accepted. Comments may also be emailed to ATGballotcomments@state.sd.us by the close of business on Aug. 3, 2026. Comments should be clearly expressed in the body of the email. The Attorney General's Office will not open attachments in an effort to prevent malware or other digital threats. Please include your name and contact information when submitting your comment. The title of the comment must be included in the subject line of the email.

The draft ballot explanation can be found here: https://atg.sd.gov/docs/July%2024%202026%20ltr.MJJ%20Draft%20AG%20Statement.%20IM%20Direct%20Sales%20of%20Dairy%20Products.pdf

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