reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:10 - SOUTH DAKOTA CERTIFIED ENROLLED CATTLE TM Natural and SOUTH DAKOTA CERTIFIED TM Natural Beef requirements › Section 12:79:10:03 - Natural beef product standards

Current through Register Vol. 51, page 10, July 15, 2024
In addition to meeting the standards for beef product in chapter
	 12:79:04, beef products may be certified as natural under the beef program if
	 they also meet the following criteria:
(1) The beef product is derived from
  certified natural finished cattle and has met the criteria in this chapter for
  the natural program;
(2) Flavoring
  for beef or beef products is limited to that defined as "natural flavor" or
  "natural flavoring" in 21
  CFR 101.22 (a)(3), as
  amended to January 1, 2007;
(3)
  Regardless of whether the beef otherwise confirms with USDA criteria for
  labeling, the beef or beef products do not contain any "artificial flavor," or
  "artificial flavoring," as defined in
  21 CFR
  101.22 (a)(1), as amended to
  January 1, 2007;
(4) Regardless of
  whether the beef otherwise conforms with USDA criteria for labeling, the beef
  or beef products do not contain any "artificial color" or "artificial coloring"
  as defined in 21 CFR 101.70.3 (f), as amended to January 1, 2007, and
  21 CFR
  101.22 (a)(4), as amended to
  January 1, 2007.
General Authority:
SDCL
		39-24-6(1),(3),(4).
Law Implemented:
SDCL
		39-24-2,
		39-24-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:80 - South Dakota Pulse Council › Chapter 12:80:01 - Administration › Section 12:80:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL
	 38-34-1 have the same meaning when
	 used in this article. In addition, as used in this article, the term,
	 assessment on pulse crops, means the assessment imposed by SDCL
	 38-34-15 upon all dry peas,
	 lentils, chickpeas, and lupines marketed to a first purchaser within the
	 state.
General Authority:
SDCL
		38-34-8.
Law Implemented:
SDCL
		38-34-8,
		38-34-15.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:80 - South Dakota Pulse Council › Chapter 12:80:01 - Administration › Section 12:80:01:02 - Obtaining a declaratory ruling

Current through Register Vol. 51, page 10, July 15, 2024
A person may request the council to issue a decision on the
	 applicability of any statutory provision, rules, or order pertaining to a
	 stated factual situation by submitting a written petition to the council
	 containing the following information:
(1) The state statute or council rule or
  order in question;
(2) The name and
  address of the person, agency, or group submitting the petition;
(3) The fact and circumstances which give
  rise to the issue to be answered by the council's declaratory ruling;
(4) A description of the action requested of
  the council and a statement of the reasons why the action should be
  taken;
(5) The signature of the
  person filing the petition or the authorization of the group or agency making
  the petition; and
(6) The
  notarization of the signature or authorization.
General Authority:
SDCL
		38-34-8.
Law Implemented:
SDCL
		38-34-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:80 - South Dakota Pulse Council › Chapter 12:80:01 - Administration › Section 12:80:01:03 - Council action on petition

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of the petition, the council may request from the
	 petitioner any additional information it may require for issuance of its
	 ruling. Within 30 days following the receipt of the petition or within 30 days
	 following receipt of additional information requested, the council shall issue
	 its declaratory ruling and serve a copy by mail upon the
	 petitioner.
General Authority:
SDCL
		38-34-8.
Law Implemented:
SDCL
		38-34-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:80 - South Dakota Pulse Council › Chapter 12:80:01 - Administration › Section 12:80:01:04 - Petition for contested case hearing

Current through Register Vol. 51, page 10, July 15, 2024
In a contested case, as defined in SDCL
	 1-26-1(2),
	 concerning a refund or an assessment on pulse crops, a person aggrieved by an
	 action of the council taken without a hearing may, within 30 days following the
	 date of the action, petition the council for a hearing. The hearing shall be
	 held not later than 60 days following receipt of the
	 petition.
General Authority:
SDCL
		38-34-8.
Law Implemented:
SDCL
		38-34-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:80 - South Dakota Pulse Council › Chapter 12:80:01 - Administration › Section 12:80:01:05 - Notice of hearing

Current through Register Vol. 51, page 10, July 15, 2024
At least 20 days before the date set by the council for hearing, the
	 council shall serve by mail a copy of the notice of hearing upon the petitioner
	 and other interested or affected parties.
General Authority:
SDCL
		38-34-8.
Law Implemented:
SDCL
		38-34-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:80 - South Dakota Pulse Council › Chapter 12:80:02 - First purchasers › Section 12:80:02:01 - Quarterly reports and remittance

Current through Register Vol. 51, page 10, July 15, 2024
Each first purchaser shall submit a quarterly report to the council
	 within 30 days after the end of each calendar quarter if pulse crops were
	 purchased during the quarter. Each first purchaser shall make a report to the
	 council at least once a year. The report shall be on forms provided by the
	 council and shall contain the following information:
(1) The name and address of the first
  purchaser;
(2) The net market value
  of pulse crops acquired which are subject to a checkoff fee;
(3) The total dollar amount of the assessment
  on pulse crops remitted;
(4) The
  calendar quarter for which the report is submitted;
(5) The date of the report; and
(6) The signature of the first purchaser.
All assessments collected or owed for the calendar quarter for which
	 the report is submitted shall be remitted to the council with the
	 report.
General Authority:
SDCL
		38-34-8.
Law Implemented:
SDCL
		38-34-11.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:80 - South Dakota Pulse Council › Chapter 12:80:02 - First purchasers › Section 12:80:02:02 - Assessment collection

Current through Register Vol. 51, page 10, July 15, 2024
A first purchaser shall collect the assessment on pulse crops from
	 growers by deducting the assessment from the purchase price of an identifiable
	 lot or quantity of pulse crop purchased by the first purchaser. The first
	 purchaser shall provide the seller with a receipt of the assessment. The
	 receipt may be in the form of an identified deduction on the receipt of
	 purchase.
General Authority:
SDCL
		38-34-8.
Law Implemented:
SDCL
		38-34-11,
		38-34-12,
		38-34-15,
		38-34-16.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:80 - South Dakota Pulse Council › Chapter 12:80:02 - First purchasers › Section 12:80:02:03 - Record of assessment

Current through Register Vol. 51, page 10, July 15, 2024
The first purchaser shall keep a record of assessment for each pulse
	 crop purchase that includes one percent of the net market value, the date, and
	 the name of the seller.
General Authority:
SDCL
		38-34-8.
Law Implemented:
SDCL
		38-34-10,
		38-34-12.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:80 - South Dakota Pulse Council › Chapter 12:80:03 - Claims for refunds › Section 12:80:03:01 - Assessment refund application forms

Current through Register Vol. 51, page 10, July 15, 2024
The applicant for a refund of an assessment on pulse crops shall be on
	 a form provided by the council and shall contain the following
	 information:
(1) The date of the
  assessment refund application;
(2)
  The name, address, and signature of the grower who paid the
  assessment;
(3) The net market
  value of pulse crop purchased for which an assessment was collected;
(4) The total dollar amount of the assessment
  collected;
(5) The name and address
  of the first purchaser;
(6) The
  date or dates of the purchase;
(7)
  The signature of the grower; and
(8) The refund application must have check
  stubs or assembly sheets attached as proof of sale.
Refund application forms may be obtained from the council by the refund
	 applicant by applying to the council in writing or in person.
General Authority:
SDCL
		38-34-8.
Law Implemented:
SDCL
		38-34-18.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:80 - South Dakota Pulse Council › Chapter 12:80:03 - Claims for refunds › Section 12:80:03:02 - Request for application form

Current through Register Vol. 51, page 10, July 15, 2024
A grower who has sold or expects to sell pulse crops subject to an
	 assessment may request a refund application from the council. The council shall
	 supply the application to the grower upon request, unless another refund
	 application form is outstanding for that grower. The council may not issue a
	 second refund application to a grower who has an application outstanding unless
	 the grower submits evidence satisfactory to the council that the first
	 application has been lost or destroyed.
General Authority:
SDCL
		38-34-8.
Law Implemented:
SDCL
		38-34-18,
		38-34-19.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:80 - South Dakota Pulse Council › Chapter 12:80:03 - Claims for refunds › Section 12:80:03:03 - Notice of rejection

Current through Register Vol. 51, page 10, July 15, 2024
If the pulse council rejects a refund application because it does not
	 meet one or more of the requirements of §
									12:80:03:01, the pulse council
	 shall return the application to the grower with a written notice of rejection
	 containing a statement of the reasons for the rejection. If the application can
	 be corrected and returned to the council within the 60-day time limit set in
	 SDCL 38-34-18 and meets all
	 requirements of §
									12:80:03:01, the council shall
	 process the application.
General Authority:
SDCL
		38-34-8.
Law Implemented:
SDCL
		38-34-18,
		38-34-19.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:80 - South Dakota Pulse Council › Chapter 12:80:04 - Enforcement › Section 12:80:04:01 - Assessment of delinquent fee

Current through Register Vol. 51, page 10, July 15, 2024
A delinquent fee may be assessed upon any purchaser who has failed to
	 file a report of assessment on pulse crops or an assessment as required by
	 chapter 12:80:02. The delinquent fee shall be based upon the past purchases of
	 the purchaser, applicable assessment invoices, and any other relevant
	 information.
General Authority:
SDCL
		38-34-8.
Law Implemented:
SDCL
		38-34-8,
		38-34-17.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:80 - South Dakota Pulse Council › Chapter 12:80:04 - Enforcement › Section 12:80:04:02 - Notice of delinquent assessment

Current through Register Vol. 51, page 10, July 15, 2024
Any assessment on pulse crops that is not remitted as required by
	 §
									12:80:02:01 is delinquent. The
	 council may, by certified mail, send a notice of delinquent assessment to the
	 first purchaser at the first purchaser's last known address. The notice shall
	 include the following:
(1) A statement
  of the assessment;
(2) The period
  of time the assessment is delinquent;
(3) The basis for the assessment;
(4) A statement that the assessment is due
  within ten days after the receipt of the notice; and
(5) The penalty assessed.
The notice shall indicate that the first purchaser may request a
	 hearing before the council according to the provisions of §
										12:80:04:03.
General Authority:
SDCL
		38-34-8.
Law Implemented:
SDCL
		38-34-8,
		38-34-17.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:80 - South Dakota Pulse Council › Chapter 12:80:04 - Enforcement › Section 12:80:04:03 - Hearing request

Current through Register Vol. 51, page 10, July 15, 2024
A first purchaser who has received a notice of delinquent assessment
	 may request, in writing, a hearing before the council. The request shall be
	 filed with the council within ten days after receipt of the notice of
	 delinquent assessment. The request shall contain the following
	 information:
(1) The name and address
  of the first purchaser;
(2) A
  statement that explains why the assessment is not delinquent or why the
  delinquent assessment or penalty is not reasonable;
(3) The signature of the person or
  authorization of the group filing the request; and
(4) The notarization of the signature or
  authorization.
General Authority:
SDCL
		38-34-8.
Law Implemented:
SDCL
		38-34-8,
		38-34-17.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:80 - South Dakota Pulse Council › Chapter 12:80:04 - Enforcement › Section 12:80:04:04 - Hearing

Current through Register Vol. 51, page 10, July 15, 2024
The council shall hold a hearing in accordance with SDCL chapter 1-26
	 within 90 days after receiving a hearing notice that is in accordance with
	 §
									12:80:04:03.
General Authority:
SDCL
		38-34-8.
Law Implemented:
SDCL
		38-34-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:80 - South Dakota Pulse Council › Chapter 12:80:04 - Enforcement › Section 12:80:04:05 - Council decision

Current through Register Vol. 51, page 10, July 15, 2024
The council shall make a decision within 30 days after the hearing. The
	 decision shall be in writing and shall be served on the first purchaser by
	 certified mail.
General Authority:
SDCL
		38-34-8.
Law Implemented:
SDCL
		38-34-8,
		38-34-17.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:80 - South Dakota Pulse Council › Chapter 12:80:05 - Election of council members › Section 12:80:05:01 - Nomination of council member

Current through Register Vol. 51, page 10, July 15, 2024
The nomination for council members must be on a form provided by the
	 council. Nomination petitions must be filed with the council not later than
	 5:00 PM on the third Friday of January. If a petition is mailed to the council
	 office by registered mail by 5:00 PM on the filing date it is considered
	 filed.
General Authority:
SDCL
		38-34-3.
Law Implemented:
SDCL
		38-34-2,
		38-34-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:80 - South Dakota Pulse Council › Chapter 12:80:05 - Election of council members › Section 12:80:05:02 - Qualifications of council members

Current through Register Vol. 51, page 10, July 15, 2024
Each council member must be a participating grower.
General Authority:
SDCL
		38-34-3.
Law Implemented:
SDCL
		38-34-1(4),
		38-34-2,
		38-34-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:80 - South Dakota Pulse Council › Chapter 12:80:05 - Election of council members › Section 12:80:05:03 - Notice of vacancy

Current through Register Vol. 51, page 10, July 15, 2024
The council shall publish once each week for two consecutive weeks a
	 notice setting forth vacancies that will occur by completion of the terms of
	 the council members. The last publications may not be less than sixty days nor
	 more than ninety days before the election date. The notice must state the time
	 and place where nominating petitions may be filed for the vacancies. The notice
	 must be published in at least three newspapers of general circulation in
	 different parts of the state.
General Authority:
SDCL
		38-34-3.
Law Implemented:
SDCL
		38-34-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:80 - South Dakota Pulse Council › Chapter 12:80:05 - Election of council members › Section 12:80:05:04 - Certification of candidates

Current through Register Vol. 51, page 10, July 15, 2024
If more than one nominating petition is filed for a council member
	 office, the council shall certify the nomination of candidates and prepare
	 official ballots for use in the annual election. Ballot position is determined
	 by lot. If only one nominating petition is filed for a council member office,
	 no election for that office may be held and a certificate of election shall be
	 issued to the nominee in the same manner as to a successful candidate after
	 election.
General Authority:
SDCL
		38-34-3.
Law Implemented:
SDCL
		38-34-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:80 - South Dakota Pulse Council › Chapter 12:80:05 - Election of council members › Section 12:80:05:05 - Election date

Current through Register Vol. 51, page 10, July 15, 2024
The date of the election for the South Dakota Pulse Council is deemed
	 to be the third Friday of February of each year.
General Authority:
SDCL
		38-34-3.
Law Implemented:
SDCL
		38-34-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:80 - South Dakota Pulse Council › Chapter 12:80:05 - Election of council members › Section 12:80:05:06 - Mail balloting

Current through Register Vol. 51, page 10, July 15, 2024
The election shall be by mail ballots. The council shall make ballots
	 for the annual election available to all growers. The council shall also
	 provide a voter instruction sheet, a ballot envelope, and a return envelope,
	 all of which may be requested in person, by mail, or by
	 telephone.
General Authority:
SDCL
		38-34-3.
Law Implemented:
SDCL
		38-34-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:80 - South Dakota Pulse Council › Chapter 12:80:05 - Election of council members › Section 12:80:05:07 - Voter eligibility

Current through Register Vol. 51, page 10, July 15, 2024
Any person 18 years and older or any business entity is an eligible
	 voter if the person or entity is a grower as defined by SDCL
	 38-34-1 and is actively engaged in
	 a South Dakota farming operation that involves the production of pulse crops.
	 An individual, a husband and wife, a partnership, a corporation, a cooperative,
	 a limited liability company, or a purchaser under a contract for deed which is
	 of record in the office of the register of deeds in the county where the real
	 property is situated are each entitled to vote in an annual election if they
	 meet the requirements of SDCL
	 38-34-1, but no such person or
	 entity may cast more than one vote per election. A partnership, corporation,
	 cooperative, or limited liability company must enclose with its ballot a
	 written authorization which indicates that the person casting the vote has been
	 authorized by that entity to vote.
General Authority:
SDCL
		38-34-1,
		38-34-3.
Law Implemented:
SDCL
		38-34-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:80 - South Dakota Pulse Council › Chapter 12:80:05 - Election of council members › Section 12:80:05:08 - Certification of election

Current through Register Vol. 51, page 10, July 15, 2024
The council shall appoint a committee of three persons to serve as
	 election judges. The election judges shall meet within ten days after the
	 annual election date each year to tabulate the election results. The election
	 judges are responsible for ballot security and counting and shall enter the
	 results on the certification of election form, and sign the certification of
	 election. The election judges shall deliver the signed certification of
	 election form, together with all ballots and envelopes to the council office or
	 a designated representative. Ballots declared invalid shall be kept separated
	 from valid ballots and may not be counted toward the outcome of the election.
	 The council shall preserve all ballots and envelopes for ninety days. Before
	 certifying the election results to the council, the election judges shall
	 assure the following:
(1) That
  returned ballots have been postmarked by the annual election date;
  and
(2) That there is no more than
  one vote per grower on the completed ballot.
If any one of these criteria is not met by ballot, the election judges
	 shall declare the individual ballot invalid and may not count it toward the
	 outcome of the election. The election judges shall count the valid ballots
	 received.
General Authority:
SDCL
		38-34-3.
Law Implemented:
SDCL
		38-34-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:80 - South Dakota Pulse Council › Chapter 12:80:05 - Election of council members › Section 12:80:05:09 - Canvas of election

Current through Register Vol. 51, page 10, July 15, 2024
The council shall canvas the results of the election within fifteen
	 days after receiving the certification of election and shall declare elected
	 the person receiving the highest number of votes for each office. The council
	 shall provide a certificate of election to each person declared
	 elected.
General Authority:
SDCL
		38-34-3.
Law Implemented:
SDCL
		38-34-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:80 - South Dakota Pulse Council › Chapter 12:80:05 - Election of council members › Section 12:80:05:10 - Election contests and recounts

Current through Register Vol. 51, page 10, July 15, 2024
If the election is contested by either nominee, the nominee shall have
	 the opportunity to challenge such election in court according to SDCL chapter
	 12-21 and 12-22.
General Authority:
SDCL
		38-34-3.
Law Implemented:
SDCL
		38-34-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:80 - South Dakota Pulse Council › Chapter 12:80:05 - Election of council members › Section 12:80:05:11 - Term of office

Current through Register Vol. 51, page 10, July 15, 2024
Council members shall take office on July 1 of the year of their
	 election and shall serve for three years.
General Authority:
SDCL
		38-34-3.
Law Implemented:
SDCL
		38-34-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:01 - Definitions › Section 12:81:01:01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		39-6-9,
		40-32-18.
Law Implemented:
SDCL
		39-6-3,
		39-6-9,
		40-32-18.
"Grade A Pasteurized Milk Ordinance," 2011, published by Public
		Health Service/Food and Drug Administration, U.S. Department of Health and
		Human Services, Washington, D.C. 20740-3835. Copies may be obtained from the
		Milk Safety Branch HFS-626, Division of Cooperative Programs, Food and Drug
		Administration, 5100 Paint Branch Parkway, College Park, MD 20740-3835; no
		charge. This request must include a self-return label.
"The Official Methods of Analysis of the AOAC International,"
		19th edition, 2012, Dr. George Latimer, Jr., Editor,
		AOAC International, 481 N. Frederick Avenue, Suite 500, Gaithersburg, MD 20877
		USA.
"United States Food and Drug Administration Bacteriological
		Analytical Manual (BAM)," 8th Edition, 1998, Thomas
		Hammack, Peter Feng, Karen Jinneman, Patrick M. Regan, Julie Kase, Palmer
		Orlandi, William Burkhardt, Editors, may be obtained on line from
http://www.fda.gov/Food/FoodScienceResearch/LaboratoryMethods/ucm2006949.htm
.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:02 - Permits for the Sale of Bottled Raw Milk for Human Consumption › Section 12:81:02:01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		39-6-9(1) to
		39-6-9(11),
		inclusive, 40-32-18(2) to 40-32-18(7), inclusive, 40-32-18(9).
Law Implemented:
SDCL
		39-6-3,
		40-32-1,
		40-32-4,
		40-32-10.1,
		40-32-10.3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:02 - Permits for the Sale of Bottled Raw Milk for Human Consumption › Section 12:81:02:02

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		39-6-9(5)(11)(12),
		40-32-18(2)(5)(6).
Law Implemented:
SDCL
		39-6-3,
		40-32-1,
		40-32-13,
		40-32-22,
		40-32-23.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:03 - Standards for the Sale of Bottled Raw Milk for Human Consumption › Section 12:81:03:01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		39-6-9,
		40-32-18(4)(5)(6)(7).
Law Implemented:
SDCL
		39-6-3,
		40-32-1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:03 - Standards for the Sale of Bottled Raw Milk for Human Consumption › Section 12:81:03:02

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		39-6-9(1)(5),
		40-32-18(2).
Law Implemented:
SDCL
		40-32-1,
		40-32-23.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:03 - Standards for the Sale of Bottled Raw Milk for Human Consumption › Section 12:81:03:03

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		39-6-9(1)(5),
		40-32-18(2).
Law Implemented:
SDCL
		40-32-1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:03 - Standards for the Sale of Bottled Raw Milk for Human Consumption › Section 12:81:03:04

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		39-6-9(1)(2)(5),
		40-32-18(2).
Law Implemented:
SDCL
		39-6-15,
		40-32-1,
		40-32-10.4,
		40-32-26,
		40-32-33.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:03 - Standards for the Sale of Bottled Raw Milk for Human Consumption › Section 12:81:03:05

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		39-6-9(3),
		40-32-18(7).
Law Implemented:
SDCL
		39-6-3,
		40-32-1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:04 - Enforcement for the Sale of Bottled Raw Milk for Human Consumption › Section 12:81:04:01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		39-6-9(1) to
		39-6-9(11),
		inclusive, 40-32-18(2) to 40-32-18(7), inclusive.
Law Implemented:
SDCL
		39-6-3,
		39-6-15,
		40-32-1,
		40-32-4,
		40-32-10.1,
		40-32-10.3,
		40-32-10.4,
		40-32-22,
		40-32-23.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:04 - Enforcement for the Sale of Bottled Raw Milk for Human Consumption › Section 12:81:04:02

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		39-6-9(2)(5),
		40-32-18(2).
Law Implemented:
SDCL
		39-6-15,
		40-32-1,
		40-32-10.4.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:04 - Enforcement for the Sale of Bottled Raw Milk for Human Consumption › Section 12:81:04:03

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		39-6-9(2)(5),
		40-32-18(2).
Law Implemented:
SDCL
		39-6-15,
		39-6-16,
		40-32-1,
		40-32-10.4,
		40-32-10.5.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:04 - Enforcement for the Sale of Bottled Raw Milk for Human Consumption › Section 12:81:04:04

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		39-6-9(2)(4)(5),
		40-32-18(2).
Law Implemented:
SDCL
		39-6-15,
		40-32-1,
		40-32-10.4,
		40-32-23,
		40-32-26.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:04 - Enforcement for the Sale of Bottled Raw Milk for Human Consumption › Section 12:81:04:05

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		39-6-9(2)(5),
		40-32-18(2).
Law Implemented:
SDCL
		40-32-1,
		40-32-10.4,
		40-32-23.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:06 - PERMIT FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:06:01 - Permit required

Current through Register Vol. 51, page 10, July 15, 2024
No person may sell raw milk for human consumption unless the raw milk
	 has been produced and packaged by a producer holding a permit issued by the
	 secretary under SDCL
	 40-32-10.1 or SDCL
	 39-6-9, and the milk meets the
	 standards in §§
									12:81:07:01 to
	 12:81:07:08,
	 inclusive.
General Authority:
SDCL
		39-6-9(2),
		40-32-18.
Law Implemented:
SDCL
		39-6-1(6),
		39-6-3.1,
		40-32-1,
		40-32-4,
		40-32-10.1,
		40-32-10.3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:07 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:07:01 - Standards for the sale of raw milk for human consumption - Sample collection

Current through Register Vol. 51, page 10, July 15, 2024
Raw milk for human consumption must, at a minimum, be tested monthly
	 for bacteria, coliform bacteria, somatic cell counts, drug residue, and
	 pathogenic bacteria (Salmonella, Listeria Monocytogenes, Campylobacter spp.,
	 and shigatoxin producing E. Coli) at an accredited laboratory approved by the
	 department.
Additionally, raw milk may be tested for pesticides, added water and
	 other adulterants, as deemed necessary by the department.
The tests must be undertaken using the sampling methods in §
									12:81:06:01 and must meet the
	 standards in §
									12:81:07:02. Any such sample must
	 be collected from the consumer container.
General Authority:
SDCL
		39-6-9(1) to
		39-6-9(14),
		inclusive, 40-32-18(2), 40-32-18(3), 40-32-18(5), 40-32-18(6).
Law Implemented:
SDCL
		39-6-1(6),
		40-32-1,
		40-32-23,
		40-32-31.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:07 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:07:02 - Standards for the sale of raw milk for human consumption - Standards

Current through Register Vol. 51, page 10, July 15, 2024
Raw milk for human consumption must be produced and handled to conform
	 to the following standards:
(1)
  Temperature: Maintained at 45 degrees Fahrenheit (7 degrees Celsius) or
  less;
(2) Antibiotics: No positive
  results on drug residue detection methods that are currently validated by
  United States Food & Drug Administration-Center for Veterinarian Medicine
  (FDA-CVM) or any other drug detection methods, as deemed necessary by the
  department;
(3) Bacteria Limits:
  Not to exceed 30,000 per ml;
(4)
  Pathogen: No pathogenic bacteria present.
(5) Somatic Cell Count: Not to exceed 750,000
  per ml in cow milk. Not to exceed 1,500,000 per ml in goat milk.
General Authority:
SDCL
		39-6-9(1),
		39-6-9(3),
		39-6-9(5)
		39-6-9(7), 39-6-9(11), 39-6-9(12), 40-32-18(2), 40-32-18(3), 40-32-18(5),
		40-32-18(6).
Law Implemented:
SDCL
		39-6-1(6),
		40-32-1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:07 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:07:03 - Standards for the sale of raw milk for human consumption-Test for pesticides

Current through Register Vol. 51, page 10, July 15, 2024
Raw milk for human consumption samples may be tested for pesticides by
	 the secretary at least once a year or at a frequency which the secretary
	 determines to be adequate to protect the consumer. The samples may not exceed
	 established environmental protection agency tolerances in 40 C.F.R. § 180
	 Subpart C.
General Authority:
SDCL
		39-6-9(1),
		39-6-9(3),
		39-6-9(5),
		39-6-9(7),
		39-6-9(11),
		39-6-9(12),
		40-32-18(2),
		40-32-18(3),
		40-32-18(5),
		40-32-18(6).
Law Implemented:
SDCL
		39-6-1(6),
		40-32-1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:07 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:07:04 - Sale of raw milk for human consumption- Disposition of abnormal milk

Current through Register Vol. 51, page 10, July 15, 2024
Cows, goats, sheep or other hooved mammals which show evidence of the
	 secretion of abnormal milk in one or more quarters, based upon bacteriological,
	 chemical, or physical examination, shall be milked last or with separate
	 equipment and the milk shall be discarded. Cows, goats, sheep or other hooved
	 mammals treated with or which have consumed chemical, medicinal, or radioactive
	 agents which are capable of being secreted in the milk and which, in the
	 judgment of the department, may be deleterious to human health, shall be milked
	 last or with separate equipment and the milk disposed of as the department
	 directs.
General Authority:
SDCL
		39-6-9(1),
		39-6-9(4)
		39-6-9(5), 39-6-9(6), 39-6-9(11), 39-6-9(12),
		40-32-1 8(2), 40-32-18(3),
		40-32-18(4), 40-32-18(5), 40-32-18(6).
Law Implemented:
SDCL 40-32-1,
		40-32-33.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:07 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:07:05 - Sale of raw milk for human consumption - Contamination

Current through Register Vol. 51, page 10, July 15, 2024
If official laboratory test results indicate that a sample of raw milk
	 for human consumption contains presumptively pathogenic bacteria, the milk
	 producer must be notified immediately. The milk producer shall immediately
	 notify consumers and the raw milk must be removed from supplies intended for
	 human consumption. The milk producer may only market the raw milk to a licensed
	 milk buyer for further processing, pending the official laboratory results
	 indicating the presence or absence of pathogenic bacteria. An official sample
	 must immediately be collected and tested, at the producers expense, for the
	 contamination that led to the stop sale and recall of raw milk for human
	 consumption. If the official laboratory results confirm that the raw milk for
	 human consumption contains pathogenic bacteria, the producers permit to sell
	 raw milk for human consumption is suspended.
The department shall reinstate the milk producer's permit if the sample
	 meets the standards outlined in §§
									12:81:07:02 and
	 12:81:07:03 and the milking
	 facility successfully passes an inspection.
General Authority:
SDCL
		39-6-9(1),
		39-6-9(2),
		39-6-9(4),
		39-6-9(5),
		40-32-18(2),
		40-32-23.
Law Implemented:
SDCL
		39-6-1(6),
		39-6-15,
		40-32-1,
		40-32-10.4,
		40-32-33.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:07 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:07:06 - Sale of raw milk for human consumption - Labeling

Current through Register Vol. 51, page 10, July 15, 2024
All final consumer containers containing raw milk for human
	 consumption must be labeled in accordance with the requirements provided in
	 this section.
All final consumer bottles, containers, and packages containing raw
	 milk for human consumption must be conspicuously marked with:
(1) The identity of the farm where the raw
  milk is produced and packaged;
(2)
  The words "RAW MILK" or RAW CREAM;
(3) The date of bottling.
General Authority:
SDCL
		39-6-9(3),
		40-32-18(7).
Law Implemented:
SDCL
		39-6-1(6),
		40-32-1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:07 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:07:07 - Sale of raw milk for human consumption -Adulterated or misbranded milk or milk products

Current through Register Vol. 51, page 10, July 15, 2024
A person may not, within the state, produce, provide, sell, offer, or
	 expose for sale or have in possession with the intent to sell any milk or milk
	 product which is adulterated or misbranded.
General Authority:
SDCL
		39-6-9(1).
Law Implemented:
SDCL
		40-32-33,
		40-32-34,
		40-32-35.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:07 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:07:08 - Sale of raw milk for human consumption- Customer List

Current through Register Vol. 51, page 10, July 15, 2024
Producers engaged in the selling of raw milk for human consumption
	 shall maintain records of the consumers who purchase raw milk for human
	 consumption. The records shall contain the consumer name, phone number, and
	 date of sale. Records shall be maintained for a period of 90
	 days.
General Authority:
SDCL
		39-6-9(15).
Law Implemented:
SDCL
		39-6-1(6),
		40-32-1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:08 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:08:01 - Packaging raw milk

Current through Register Vol. 51, page 10, July 15, 2024
Raw milk for human consumption must be packaged on the farm where it
	 is produced. Packaging must be done in a sanitary manner with sanitary
	 equipment.
General Authority:
SDCL
		39-6-9(3),
		39-6-9(7),
		39-6-9(11),
		39-6-9(12),
		40-32-18(4),
		40-32-18(5),
		40-32-18(6).
Law Implemented:
SDCL
		39-6-1(6),
		39-6-9,
		40-32-1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:08 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:08:02 - Yard or loafing area - Size - Drainage -Cleanliness

Current through Register Vol. 51, page 10, July 15, 2024
The yard or loafing area shall be of ample size to prevent
	 overcrowding, shall be drained to prevent forming of standing water pools, and
	 shall be kept clean.
General Authority:
SDCL
		39-6-9(9),
		40-32-18(5).
Law Implemented:
SDCL
		39-6-9(9),
		40-32-18(5).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:08 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:08:03 - Cleanliness of milker

Current through Register Vol. 51, page 10, July 15, 2024
The milker's outer clothing shall be clean and his hands clean and
	 dry. No person with an infected cut or open sores on his hands or arms shall
	 milk cows, goats, sheep or other hooved mammals or handle milk, milk
	 containers, utensils, or equipment.
General Authority:
SDCL
		39-6-9(10),
		39-6-9(12),
		40-32-18(5).
Law Implemented:
SDCL
		39-6-9(10),
		39-6-9(12),
		40-32-18(5).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:08 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:08:04 - Preparation of cows, goats, sheep or other hooved mammals before milking

Current through Register Vol. 51, page 10, July 15, 2024
The udders and flanks of all milking cows, goats, sheep or other
	 hooved mammals must be kept clean. The teats must be sanitized and wiped dry
	 immediately before milking.
General Authority:
SDCL
		39-6-9(11),
		39-6-9(12),
		40-32-18(5).
Law Implemented:
SDCL
		39-6-9(11),
		39-6-9(12),
		40-32-18(5).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:08 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:08:05 - Milking facility and housing

Current through Register Vol. 51, page 10, July 15, 2024
A milking facility which permits sanitary milking operations must be
	 provided. It must be well lighted and ventilated, and the floors and gutter in
	 the milking area must be constructed of concrete or other impervious material,
	 sloped to drain, and in good repair. The facility must be kept clean. The waste
	 must be removed daily and stored to prevent access of cows, goats, sheep or
	 other hooved mammals to the stored waste. Animals other than the milking herd
	 are not permitted in any part of the milking facility. All pens in the milking
	 facility must be kept clean.
General Authority:
SDCL
		39-6-9(9),
		39-6-9(11),
		39-6-9(12),
		40-32-18(5).
Law Implemented:
SDCL
		39-6-9(9),
		39-6-9(11),
		39-6-9(12),
		40-32-18(5).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:08 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:08:06 - Protection when straining and transferring milk

Current through Register Vol. 51, page 10, July 15, 2024
If milk is exposed during straining or transferring in the milking
	 areas, it must be protected from falling particles from areas above the milk
	 handling area. All milk must be filtered using an approved single service
	 article before being transferred to the bulk tank or storage containers for
	 cooling.
General Authority:
SDCL
		39-6-9(9),
		39-6-9(11),
		39-6-9(12),
		40-32-18(5),
		40-32-18(6).
Law Implemented:
SDCL
		39-6-9(9),
		39-6-9(11),
		39-6-9(12),
		40-32-18(5),
		40-32-18(6).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:08 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:08:07 - Storage of milking equipment - Prohibited actions during milking

Current through Register Vol. 51, page 10, July 15, 2024
Milk stools, surcingles, and antikickers must be kept clean and stored
	 above the floor in a clean place. Dusty operations or feeding of
	 strong-flavored feeds may not be conducted immediately before or during
	 milking.
General Authority:
SDCL
		39-6-9(9),
		39-6-9(11),
		39-6-9(12),
		40-32-18(5),
		40-32-18(6).
Law Implemented:
SDCL
		39-6-9(9),
		39-6-9(11),
		39-6-9(12),
		40-32-18(5),
		40-32-18(6).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:08 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:08:08 - Milkroom to be provided

Current through Register Vol. 51, page 10, July 15, 2024
A milkroom that is conveniently located, has one or more outside
	 walls, is well lighted, is ventilated, and is heated to above freezing shall be
	 provided. The milkroom shall be used for the handling and cooling of milk and
	 for the washing, handling, and storing of utensils and equipment. Equipment and
	 supplies not directly related to the milking operation may not be stored in the
	 milkroom. Animals are not permitted in any part of the
	 milkroom.
General Authority:
SDCL
		39-6-9(9),
		39-6-9(12),
		40-32-18(5).
Law Implemented:
SDCL
		39-6-9(9),
		39-6-9(12),
		40-32-18(5).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:08 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:08:09 - Milkroom partitions, floors, drainage, and door openings

Current through Register Vol. 51, page 10, July 15, 2024
If the milkroom is part of a barn or an adjoining building, it must be
	 separated by a solid partition that includes tight-fitting and self-closing
	 solid doors hinged to open into the barn or parlor. The milkroom must be sealed
	 and walled with smooth and easily cleaned material. The floor must be of
	 concrete or other impervious material, graded to provide drainage. The milkroom
	 must have a trapped floor drain, and the waste collected in the floor drain
	 must be piped away from the building to avoid pooling and creating other
	 unsanitary conditions. All openings must be screened to prevent the entrance of
	 flies and rodents. All outside doors and windows must be closed during dusty
	 weather. All outside doors must open outward and be solid and self-closing
	 unless they are provided with tight-fitting screen doors that open outward and
	 are self-closing.
General Authority:
SDCL
		39-6-9(9),
		39-6-9(12),
		40-32-18(5).
Law Implemented:
SDCL
		39-6-9(9),
		39-6-9(12),
		40-32-18(5).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:08 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:08:10 - Equipment required in milkroom

Current through Register Vol. 51, page 10, July 15, 2024
Milkrooms must be equipped with a two-compartment vat for washing and
	 rinsing, a utensil rack, and milk cooling facilities. The milkroom must have
	 water under pressure to a thermostatically controlled hot water storage tank
	 capable of maintaining a sufficient quantity of water at the temperatures
	 needed for the cleaning of milk handling equipment.
General Authority:
SDCL
		39-6-9(9),
		39-6-9(12),
		40-32-18(5),
		40-32-18(6).
Law Implemented:
SDCL
		39-6-9(9),
		39-6-9(12),
		40-32-18(5),
		40-32-18(6).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:08 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:08:11 - Milk storage location and clearance

Current through Register Vol. 51, page 10, July 15, 2024
The milk storage tank or container shall be located in the milkhouse
	 to provide the following clearance:
(1) The working side shall be 36 inches from
  the wall or other equipment;
(2)
  The outlet valve end shall be 36 inches from the wall or other
  equipment;
(3) The side opposite
  the outlet valve end shall be 24 inches from the wall or other equipment;
  and
(4) The rear side shall be 24
  inches from the wall or other equipment.
General Authority:
SDCL
		39-6-9(9),
		40-32-18(5).
Law Implemented:
SDCL
		39-6-9(9),
		40-32-18(5).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:08 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:08:12 - Location of cooling tank - Visual inspection

Current through Register Vol. 51, page 10, July 15, 2024
The location of a farm bulk tank, if the farm is using a bulk talk to
	 store the farms milk supply, must permit access to all areas in the milkroom
	 for cleaning and servicing. It may not be located over a floor drain or under a
	 ventilator or light fixture. Each farm bulk tank must be emptied for visual
	 inspection at least once every 72 hours.
General Authority:
SDCL
		39-6-9(9),
		39-6-9(12),
		40-32-18(5),
		40-32-18(6).
Law Implemented:
SDCL
		39-6-9(9),
		39-6-9(12),
		40-32-18(5),
		40-32-18(6).