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