reglab/housing_qa huggingface dataset:
SD Codified L § 40-32-4 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-4 - License required for milk plants, transporters, stations, distributors, and persons buying or selling milk products.

40-32-4. License required for milk plants, transporters, stations, distributors, and persons buying or selling milk products.Any person engaged in the operation of a receiving station, transfer station, bulk milk pick-up tanker, milk transport tank, plant fabricating single-service articles or milk distributor in South Dakota, or any person buying milk produced in South Dakota, or any person selling milk, any milk product, or raw milk for human consumption, shall, before beginning business, obtain from the secretary a license for each place of business owned or operated by the person in South Dakota, and for each milk distributor or milk plant buying or selling milk or any milk product in South Dakota. Source: SDC 1939, §4.1903; SL 1941, ch 4; SL 1945, ch 14; SL 1953, ch 8; SL 1957, ch 92, §3; SL 1965, ch 6; SL 1969, ch 8, §2; SL 1980, ch 280, §2; SL 1987, ch 299, §2; SL 2009, ch 205, §2; SL 2015, ch 207, §7.
SD Codified L § 40-32-5 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-5 - License fees.

40-32-5. License fees.The license fee for the following facilities requiring licenses is as follows:(1)In-state milk processing plant (by pounds of milk or milk product produced):(a)Less than 100,000 pounds per day, two hundred fifty dollars;(b)100,000 to 500,000 pounds, inclusive, per day, five hundred dollars;(c)Over 500,000 pounds per day, one thousand dollars;(2)Out-of-state milk processing plants or marketing organization, two hundred fifty dollars;(3)Receiving station, two hundred fifty dollars;(4)Plant fabricating single-service articles, two hundred fifty dollars;(5)Milk distributor, two hundred fifty dollars;(6)Transfer station, one hundred dollars;(7)Bulk milk pick-up tanker or milk transport tank, fifty dollars;(8)A producer who packages and sells raw milk for human consumption, fifty dollars. Source: SDC 1939, §4.1903; SL 1941, ch 4; SL 1945, ch 14; SL 1953, ch 8; SL 1957, ch 92, §3; SL 1965, ch 6; SL 1969, ch 8, §2; SL 1980, ch 280, §3; SL 1981, ch 286, §11; SL 1987, ch 299, §3; SL 2009, ch 205, §3; SL 2015, ch 207, §8.
SD Codified L § 40-32-6 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-6 - Milk plant license--Contents--Posting.

40-32-6. Milk plant license--Contents--Posting.Each license for a milk plant shall record the name of the person owning or operating the plant licensed, the plant's place of business, the location of the plant, the name of the manager, and the number of the license. Each license so issued shall constitute a license to the manager or agent of the place of business named in the license and one license shall be sufficient for all manufacturing processes of milk or milk products. Each license issued shall be posted in the office of the plant licensed. Source: SDC 1939, §4.1903; SL 1941, ch 4; SL 1945, ch 14; SL 1953, ch 8; SL 1957, ch 92, §3; SL 1965, ch 6; SL 1969, ch 8, §2; SL 1980, ch 280, §4; SL 2009, ch 205, §4.
SD Codified L § 40-32-7 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-7 - Transfer of plant licenses restricted.

40-32-7. Transfer of plant licenses restricted.No license for a milk plant is transferable from one person to another, but may be transferred from one location to another in the same municipality with the approval of the secretary of agriculture and natural resources. Source: SDC 1939, §4.1903; SL 1941, ch 4; SL 1945, ch 14; SL 1953, ch 8; SL 1957, ch 92, §3; SL 1965, ch 6; SL 1969, ch 8, §2; SL 1980, ch 280, §5; SL 2009, ch 205, §5; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
SD Codified L § 40-32-8 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-8 - Annual expiration of license.

40-32-8. Annual expiration of license.Each license issued pursuant to §40-32-5 is good for one year or any fraction thereof, and shall terminate on December thirty-first of each year. Source: SDC 1939, §4.1903; SL 1941, ch 4; SL 1945, ch 14; SL 1953, ch 8; SL 1957, ch 92, §3; SL 1965, ch 6; SL 1969, ch 8, §2; SL 1980, ch 280, §6; SL 1987, ch 299, §4.
SD Codified L § 40-32-9 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-9 - Suspension of license for failure to comply with law.

40-32-9. Suspension of license for failure to comply with law.The secretary of agriculture and natural resources or his duly authorized representative may suspend a dairy products license for failure to comply with any existing dairy statutes or regulations for such time as may be necessary for the owner or operator to make the necessary corrections to comply with the dairy statutes and regulations. Source: SL 1957, ch 92, §5; SDC Supp 1960, §4.1905; SL 1969, ch 8, §4; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
SD Codified L § 40-32-10 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-10 - Revocation or suspension of plant license for violations--Notice and opportunity to defend.

40-32-10. Revocation or suspension of plant license for violations--Notice and opportunity to defend.The secretary shall, upon evidence of violations of the provisions of this chapter and chapters 39-6, 39-7, and 39-8, and any rules promulgated pursuant to those chapters, revoke or suspend any dairy products plant license. However, no license may be revoked except on twenty days' notice to the licensee or the licensee's agent or manager. Any notice shall be served as summons is served in civil actions, specify the substance of the complaint and the time and place at which evidence will be heard in support of the complaint, and that an opportunity will be offered to the licensee complained about to submit evidence and proof in defense of any charge. Source: SDC 1939, §4.1906; SL 1957, ch 92, §5; SDC Supp 1960, §4.1905; SL 1969, ch 8, §4; SL 2010, ch 205, §13.
SD Codified L § 40-32-10.1 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-10.1 - Producer's permit required.

40-32-10.1. Producer's permit required.A producer engaged in the business of producing milk and offering for sale such milk for purposes other than Grade A milk pursuant to the provisions of chapter 39-6 and before the milk is to be transported from the premises of the producer, shall obtain a permit from the secretary. A producer engaged in the business of producing raw milk for human consumption pursuant to the provisions of chapter 39-6 and before the raw milk is sold directly to the consumer, shall obtain a permit from the secretary. Source: SDC 1939, §4.1903 as added by SL 1969, ch 8, §2; SL 1988, ch 329, §6; SL 2009, ch 205, §6; SL 2010, ch 205, §14; SL 2015, ch 207, §9.
SD Codified L § 40-32-10.2 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-10.2 - Issuance of producer's permit--Compliance with rules and regulations.

40-32-10.2. Issuance of producer's permit--Compliance with rules and regulations.All milk plants shall submit to the secretary of agriculture and natural resources a list of all such producers who are currently doing business with them and supply the secretary with sufficient information upon which he shall issue a permit, providing that the secretary shall have the discretion to refuse a permit if he deems the producer is not producing a quality product; and further, providing that when the secretary has adopted necessary rules and regulations and on proper notice to the producer the producer shall have thirty days within which to comply; and further providing that the producer shall not be in violation until such time that the secretary has adopted necessary rules and regulations and the producer has been afforded his rights under chapter 1-26. Source: SDC 1939, §4.1903 as added by SL 1969, ch 8, §2; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
SD Codified L § 40-32-10.3 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-10.3 - Renewal of producer's permit not required--Transfer of permits.

40-32-10.3. Renewal of producer's permit not required--Transfer of permits.Each permit issued under §40-32-10.2 shall be to the producer and the location named therein and need not be renewed unless revoked by the secretary of agriculture and natural resources. No permit shall be transferable to another location but may be transferred from one producer to another with the approval of the secretary or his duly authorized agent. Source: SDC 1939, §4.1903 as added by SL 1969, ch 8, §2; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
SD Codified L § 40-32-10.4 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-10.4 - Suspension of producer's license or permit--Grounds--Sanctions--Court action.

40-32-10.4. Suspension of producer's license or permit--Grounds--Sanctions--Court action.The department may suspend a producer's license or permit upon failure by the holder of the permit to comply with any of the terms of state statute or promulgated rule or for interference with inspection. In addition to the administrative sanctions available to the department pursuant to this chapter and chapters 39-6, 39-7, and 39-8, any licensed or nonlicensed producer who commits any violation of this chapter or chapters 39-6, 39-7, or 39-8, may be assessed a fine, not to exceed five thousand dollars per violation, or may be subject to injunctive and declaratory relief by the circuit court. All fines collected pursuant to this section are subject to S.D. Const., Art. VIII, §3. The department is not required to seek the administrative sanctions available under this section prior to commencing an action in circuit court against an alleged violator of this chapter or chapters 39-6, 39-7, or 39-8. Source: SDC Supp 1960, §4.1905 as added by SL 1969, ch 8, §4; SL 2010, ch 205, §15.
SD Codified L § 40-32-10.5 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-10.5 - Revocation of producer's permit--Hearing required--Suspension prior to hearing.

40-32-10.5. Revocation of producer's permit--Hearing required--Suspension prior to hearing.A producer's permit may be revoked by the secretary of agriculture and natural resources for due cause after the holder of a permit has been given the opportunity for a hearing before the secretary. The secretary shall, upon the request of the holder of a permit, fix the time and place for such hearing. No permit shall be revoked prior to the hearing herein provided, but a permit may be suspended prior to such time and said suspension shall be in full force and effect until the hearing at which time the secretary shall make his final determination. Source: SDC Supp 1960, §4.1905 as added by SL 1969, ch 8, §4; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
SD Codified L § 40-32-10.6 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-10.6 - Dairy fieldman's service provided by plant.

40-32-10.6. Dairy fieldman's service provided by plant.Any milk plant purchasing milk for purposes other than Grade A as set forth in chapter 39-6 shall provide adequate and continuous service of a dairy fieldman in determining for the secretary of agriculture and natural resources by inspection of each dairy farm selling milk to such plant that the facilities and methods of production are in compliance with this chapter and the rules and regulations adopted thereunder. A dairy fieldman shall have access, ingress, and egress to all such dairy farms. Source: SDC Supp 1960, §4.1904 as added by SL 1969, ch 8, §3; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
SD Codified L § 40-32-10.7 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-10.7 - Dairy fieldman's license required--Application and fee--Expiration.

40-32-10.7. Dairy fieldman's license required--Application and fee--Expiration.Any person performing the duties of a dairy fieldman shall first obtain a license by applying on a form provided by the secretary of agriculture and natural resources. Upon receipt of the application and a fee of fifty dollars, the secretary shall determine if the applicant is competent and qualified before issuing the license. Each license for a dairy fieldman is valid for one year or any fraction thereof and terminates on July first of each year. Source: SDC Supp 1960, §4.1904 as added by SL 1969, ch 8, §3; SL 1971, ch 228; SL 1981, ch 286, §12; SL 2009, ch 205, §7; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
SD Codified L § 40-32-10.8 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-10.8 - Dairy fieldman's assistance in reinstatement of producer's permit--Exclusive authority of secretary to suspend permit.

40-32-10.8. Dairy fieldman's assistance in reinstatement of producer's permit--Exclusive authority of secretary to suspend permit.The secretary of agriculture and natural resources may make provisions for the dairy fieldman's assistance in the reinstatement of a producer permit: Provided, that a suspension of a producer's permit shall only be made by the secretary or his duly authorized agent. Source: SDC Supp 1960, §4.1904 as added by SL 1969, ch 8, §3; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
SD Codified L § 40-32-10.9 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-10.9 - Revocation of dairy fieldman's license--Hearing required.

40-32-10.9. Revocation of dairy fieldman's license--Hearing required.The secretary of agriculture and natural resources may revoke a dairy fieldman's license for due cause after the holder of the license has been given an opportunity for a hearing, the holder of the license shall be given notice in writing of the time and place of such hearing at least ten days before the date of such hearing. Source: SDC Supp 1960, §4.1906 as added by SL 1969, ch 8, §5; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
SD Codified L § 40-32-11 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-11 - Tester and grader to be maintained in dairy products plant--License required.

40-32-11. Tester and grader to be maintained in dairy products plant--License required.A tester and grader of cream and milk, duly qualified to sample, test, and grade cream and milk and licensed as required in §§40-32-12 to 40-32-16, inclusive, shall be maintained in every creamery, cream station, or milk plant. No individual can sample, test, or grade cream or milk, where the samples, tests, or grades are used as the basis of payment to the producer, without first securing a license from the secretary of agriculture and natural resources. Source: SL 1943, ch 9, §5; SL 1951, ch 111, §4; SL 1957, ch 92, §4; SDC Supp 1960, §4.1904; SL 1969, ch 8, §3; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
SD Codified L § 40-32-12 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-12 - Application for tester and grader's license--Fee--Examination of applicant.

40-32-12. Application for tester and grader's license--Fee--Examination of applicant.Applications for a tester and grader's license shall be made on forms prescribed and provided by the secretary of agriculture and natural resources. Upon receipt of an application and a fee of fifty dollars, each applicant shall be given an examination prescribed by the secretary. The examination shall determine the applicant's knowledge of South Dakota laws pertaining to the dairy industry and shall contain an actual demonstration by the applicant, sampling, testing, and grading milk. Source: SL 1943, ch 9, §5; SL 1951, ch 111, §4; SL 1957, ch 92, §4; SDC Supp 1960, §4.1904; SL 1969, ch 8, §3; SL 1981, ch 286, §13; SL 2009, ch 205, §8; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
SD Codified L § 40-32-13 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-13 - Licenses for sampling and grading.

40-32-13. Licenses for sampling and grading.An application for a sampling and grading license shall be made on forms prescribed and provided by the secretary of agriculture and natural resources. A fee of fifty dollars shall be submitted with the application. A license shall be issued to persons for sampling and grading of milk at a milk plant, or for the operator of a bulk tank truck picking up milk at the farm, upon satisfactory completion of an examination pertaining to sampling and grading and an evaluation of sampling methods. Each license shall be stamped, "Sampler Only" or "Bulk Hauler." Source: SL 1957, ch 92, §4; SDC Supp 1960, §4.1904; SL 1969, ch 8, §3; SL 2009, ch 205, §9; SL 2016, ch 205, §1; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
SD Codified L § 40-32-14 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-14 - Issuance of tester and grader's license or sampling and grading license--Duration.

40-32-14. Issuance of tester and grader's license or sampling and grading license--Duration.After successful completion of the examination required by §§40-32-12 and 40-32-13, the secretary of agriculture and natural resources shall issue a tester and grader's license or sampling and grading license. Each license is valid for one year or any fraction thereof and terminated on July first of each year. Source: SL 1943, ch 9, §5; SL 1951, ch 111, §4; SL 1957, ch 92, §4; SDC Supp 1960, §4.1904; SL 1969, ch 8, §3; SL 2016, ch 205, §2; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
SD Codified L § 40-32-15 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-15 - License withheld from applicant not meeting requirements.

40-32-15. License withheld from applicant not meeting requirements.The secretary of agriculture and natural resources may withhold a tester and grader's license or a sampling and grading license from any applicant who does not meet the licensing requirements. Source: SL 1943, ch 9, §5; SL 1951, ch 111, §4; SL 1957, ch 92, §4; SDC Supp 1960, §4.1904; SL 1969, ch 8, §3; SL 2016, ch 205, §3; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
SD Codified L § 40-32-16 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-16 - Posting of tester and grader's license.

40-32-16. Posting of tester and grader's license.Each tester and grader's license shall be posted in a conspicuous place in the room where the testing and grading is done. Source: SL 1943, ch 9, §5; SL 1951, ch 111, §4; SL 1957, ch 92, §4; SDC Supp 1960, §4.1904; SL 1969, ch 8, §3.
SD Codified L § 40-32-17 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-17 - Suspension or revocation of tester and grader's or sampler and grader's license--Violation as ground for revocation.

40-32-17. Suspension or revocation of tester and grader's or sampler and grader's license--Violation as ground for revocation.The secretary of agriculture and natural resources may suspend or revoke a tester and grader's license or a sampler and grader's license of any person who fails to comply with the provisions of this chapter. Conviction of a licensee for any violation of this chapter shall be sufficient grounds for revocation of the offender's license. Source: SL 1943, ch 9, §5; SL 1951, ch 111, §4; SL 1957, ch 92, §6; SDC Supp 1960, §4.1906; SL 1969, ch 8, §5; SL 2002, ch 192, §1; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
SD Codified L § 40-32-18 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-18 - Promulgation of rules.

40-32-18. Promulgation of rules.The secretary of agriculture and natural resources may promulgate rules pursuant to chapter 1-26 as may be needed to:(1)Determine and define grades of milk and price differentials to be paid between grades;(2)Determine and define methods of testing and grading and records to be kept of such testing and grading;(3)Define individual milk products and set standards for each;(4)Determine and define methods of production, manufacture, and processing of milk and milk products;(5)Determine and define construction and sanitation standards for dairy farms and milk plants;(6)Determine and define construction and sanitation standards for equipment used on dairy farms and milk plants, including transportation equipment for milk and milk products;(7)Determine and define proper container capacities, labeling, and advertising;(8)Determine and define duties and responsibilities of a dairy fieldman; and(9)Review and approve plans and specifications prior to construction. Source: SDC 1939, §4.1901; SL 1943, ch 9, §13; SL 1957, ch 92, §10; SDC Supp 1960, §4.1910; SL 1969, ch 8, §7; SL 1980, ch 280, §7; SL 1986, ch 326, §91; SL 2009, ch 205, §10; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
SD Codified L § 40-32-20 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-20 - Coloring matter mixed with products unfit for human consumption--Failure to comply as misdemeanor.

40-32-20. Coloring matter mixed with products unfit for human consumption--Failure to comply as misdemeanor.The grader or the secretary's authorized representative, who is grading milk or milk products, shall thoroughly mix with any unlawful milk or milk products, as defined under this chapter or the regulations pertaining thereto, a harmless coloring matter as will render such milk or milk products unfit for human consumption. The failure to comply with this section is a Class 2 misdemeanor. Source: SL 1943, ch 9, §7; SL 1957, ch 92, §8; SDC Supp 1960, §4.1908; SL 1991, ch 186, §25; SL 1992, ch 289.
SD Codified L § 40-32-21 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-21 - Exemption of operations otherwise regulated.

40-32-21. Exemption of operations otherwise regulated.Any part of a milk plant's operations subject to Grade A regulations as set forth in chapter 39-6 or in chapter 39-8, is exempt from all provisions of this chapter except the licensing provisions. Source: SL 1957, ch 92, §1; SDC Supp 1960, §4.1901.
SD Codified L § 40-32-22 (2021)
2021 South Dakota Codified Laws|Title 40 - Animals and Livestock|Chapter 32 - Milk Plants Producers And Distributors|Section 40-32-22 - Records and reports to secretary.

40-32-22. Records and reports to secretary.The secretary of agriculture and natural resources may require such reports and records kept and sent to his office as may be needed for the proper enforcement of this chapter. Source: SL 1957, ch 92, §9; SDC Supp 1960, §4.1909; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.