reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:15 - Oilseeds council › Chapter 12:15:01 - Administration › Section 12:15:01:02 - 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, rule, 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 facts 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 authorizations.
General Authority:
SDCL
		1-26-15,
		38-27-8.1,
		38-27-14.
Law Implemented:
SDCL
		1-26-15,
		38-27-8.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:15 - Oilseeds council › Chapter 12:15:01 - Administration › Section 12:15:01:03 - 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 the issuance of its
	 ruling. Within 30 days following receipt of the additional information
	 requested, the council shall issue its declaratory ruling and serve a certified
	 copy by mail upon the petitioner.
General Authority:
SDCL
		1-26-15,
		38-27-8.1,
		38-27-14.
Law Implemented:
SDCL
		1-26-15,
		38-27-8.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:15 - Oilseeds council › Chapter 12:15:01 - Administration › Section 12:15:01:04 - 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 of check-off fees, 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
		38-27-8.1,
		38-27-14.
Law Implemented:
SDCL
		1-26-16,
		38-27-8.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:15 - Oilseeds council › Chapter 12:15:01 - Administration › Section 12:15:01:05 - 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 a notice of hearing upon the petitioner
	 and other interested or affected parties.
General Authority:
SDCL
		38-27-8.1,
		38-27-14.
Law Implemented:
SDCL
		1-26-16,
		38-27-8.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:15 - Oilseeds council › Chapter 12:15:02 - First purchasers › Section 12:15:02:01 - Quarterly reports and remittance

Current through Register Vol. 51, page 10, July 15, 2024
Every first purchaser shall submit a quarterly report to the council
	 within 30 days after the end of each calendar quarter if oilseeds were
	 purchased during the quarter. Each first purchaser shall make a report to the
	 council at least once a year. Quarterly reports with required fees shall be
	 submitted to the remittance center at the Department of Revenue in Sioux Falls,
	 which serves as the agent for the council. 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) Hundredweight of
  sunflowers, safflowers, and canola purchased on which the check-off fee was
  collected;
(3) Bushels of flax
  purchased on which the check-off was collected;
(4) The total dollar amount of the check-off
  fee collected;
(5) The calendar
  quarter for which the report is submitted;
(6) The date of the report; and
(7) The signature of the first purchaser or
  an authorized representative.
All check-off fees collected during the calendar quarter for which the
	 report is submitted shall be remitted to the council with the
	 report.
General Authority:
SDCL
		38-27-8.1,
		38-27-14.
Law Implemented:
SDCL
		38-27-11,
		38-27-14.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:15 - Oilseeds council › Chapter 12:15:02 - First purchasers › Section 12:15:02:01.01 - Collection of fee - Record of assessment

Current through Register Vol. 51, page 10, July 15, 2024
A first purchaser shall collect the check-off fee from growers by
	 deducting the fee from the purchase price. The amount of fee deducted shall be
	 noted on the grower's check stub or assembly sheet as evidence that the fee has
	 been paid by the grower. The grower's address, date sold, and total
	 hundredweights or bushels sold shall also be recorded on the check stub or
	 assembly sheet. The check stub or assembly sheet constitutes a record of
	 assessment.
General Authority:
SDCL
		38-27-8.1,
		38-27-14.
Law Implemented:
SDCL
		38-27-12,
		38-27-14.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:15 - Oilseeds council › Chapter 12:15:02 - First purchasers › Section 12:15:02:02 - Check-off fee refund application

Current through Register Vol. 51, page 10, July 15, 2024
The check-off fee refund application shall be on forms provided by the
	 council and shall contain the following information:
(1) The date or dates of purchase;
(2) The name, address, and signature of the
  grower;
(3) Hundredweight of
  sunflowers, safflowers, and canola purchased;
(4) Bushels of flax purchased;
(5) The total dollar amount of the fee
  collected;
(6) The name and address
  of the first purchaser;
(7) The
  date of the application; and
(8) A
  statement showing the refund application is valid for a period of 365
  days.
General Authority:
SDCL
		38-27-8.1,
		38-27-14,
		38-27-16.
Law Implemented:
SDCL
		38-27-8,
		38-27-11,
		38-27-12,
		38-27-14,
		38-27-16.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:15 - Oilseeds council › Chapter 12:15:03 - Claims for refund › Section 12:15:03:01 - Application for checkoff fee refund

Current through Register Vol. 51, page 10, July 15, 2024
An application for a refund of check-off fees shall be made on a form
	 described in §
									12:15:02:02. A grower who has sold
	 oilseeds subject to the check-off fee may request a check-off fee refund
	 application from the South Dakota Oilseeds Council.
General Authority:
SDCL
		38-27-8.1,
		38-27-14.
Law Implemented:
SDCL
		38-27-16.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:15 - Oilseeds council › Chapter 12:15:03 - Claims for refund › Section 12:15:03:02 - Refund of checkoff fee

Current through Register Vol. 51, page 10, July 15, 2024
The council shall refund check-off fees within 60 days after receipt of
	 a check-off fee refund application that meets the following
	 requirements:
(1) The application is
  submitted to the council within 60 days after the assessment;
(2) The application contains all of the
  information required by §
									12:15:02:02.
General Authority:
SDCL
		38-27-8.1,
		38-27-14.
Law Implemented:
SDCL
		38-27-16.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:15 - Oilseeds council › Chapter 12:15:03 - Claims for refund › Section 12:15:03:03 - Notice of rejection

Current through Register Vol. 51, page 10, July 15, 2024
If a check-off fee refund application is rejected because it does not
	 meet one or more of the requirements in §
									12:15:02:02, a copy of the
	 application with a written notice of reasons for rejection shall be sent to the
	 refund applicant.
If the application is corrected and returned to the council within 60
	 days after the assessment or within 30 days after the receipt of the notice of
	 rejection, whichever is later, the council shall refund the check-off fees if
	 the corrected application meets the requirements of subdivision
	 12:15:03:02(2).
General Authority:
SDCL
		38-27-8.1,
		38-27-14.
Law Implemented:
SDCL
		38-27-16.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:01 - Definitions › Section 12:17:01:02 - Adulterated milk and milk products defined

Current through Register Vol. 51, page 10, July 15, 2024
Adulterated milk is milk that meets the definition contained in
	 §§ 402(342) and 403(343) of the Federal Food, Drug, and Cosmetic Act
	 as amended to July 1, 1998.
General Authority:
SDCL
		40-32-18.
Law Implemented:
SDCL
		40-32-18.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:02 - Enforcement › Section 12:17:02:01 - License for dairy fieldman

Current through Register Vol. 51, page 10, July 15, 2024
A person must pass a written examination under supervision of the
	 secretary and demonstrate the ability to collect an official farm bulk tank
	 sample, and perform manufacturing grade farm inspections before the secretary
	 grants a dairy fieldman's license. To retain a license, a dairy fieldman must
	 attend an annual seminar approved by the department.
General Authority:
SDCL
		40-32-18(8).
Law Implemented:
SDCL
		40-32-10.7,
		40-32-18(8).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:02 - Enforcement › Section 12:17:02:02 - Responsibilities of dairy fieldman

Current through Register Vol. 51, page 10, July 15, 2024
In addition to making manufacturing grade farm inspections if requested
	 to do so by the secretary, a dairy fieldman is responsible to the secretary for
	 maintaining compliance with chapters 12:17:02 to 12:17:04, inclusive, in the
	 dairy plant where the fieldman is employed. These responsibilities may include
	 the following:
(1) Collecting dairy
  farm water samples;
(2) All matters
  relating to the transferring of milk producers to or from another dairy plant
  and receiving approval from the secretary before the transfer takes
  place;
(3) Furnishing to the
  secretary, upon request, any reports and records that may be needed for the
  enforcement of this article;
(4)
  Surveillance of bulk tank haulers for correct sampling procedures and bulk tank
  trucks for cleanliness and sanitation;
(5) Collecting farm bulk tank samples for
  official analysis.
General Authority:
SDCL
		40-32-18(8).
Law Implemented:
SDCL
		40-32-18(8).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:02 - Enforcement › Section 12:17:02:03 - Farm inspection reports - Posting and distribution

Current through Register Vol. 51, page 10, July 15, 2024
Compliance with dairy farm requirements shall be determined by
	 inspection of the premises, methods, and facilities of all producers of
	 manufacturing grade milk by the secretary. The results of the inspection shall
	 be recorded on a dairy farm inspection report provided by the secretary. A copy
	 shall be posted in a conspicuous place on an inside wall of the
	 milkroom.
General Authority:
SDCL
		40-32-18(8).
Law Implemented:
SDCL
		40-32-18(8).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:02 - Enforcement › Section 12:17:02:05 - Frequency of farm inspections

Current through Register Vol. 51, page 10, July 15, 2024
At least once each 12 months the premises, methods, and facilities of
	 each producer who produces manufacturing grade milk must be inspected by the
	 secretary for compliance with rules adopted under this
	 article.
General Authority:
SDCL
		40-32-18(8).
Law Implemented:
SDCL
		40-32-10.6,
		40-32-18(8).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:02 - Enforcement › Section 12:17:02:06 - Violation of rules relating to facilities - Cause for suspension of farm permit

Current through Register Vol. 51, page 10, July 15, 2024
A violation of any rule relating to a producer's facilities must be
	 corrected within a reasonable time prescribed by the secretary. If reinspection
	 by the secretary reveals the violation has not been corrected, the secretary
	 shall suspend the producer's permit.
An extension of time may not be granted beyond the prescribed time
	 limits unless the extension is needed due to conditions beyond the producer's
	 control and it is approved by the secretary.
General Authority:
SDCL
		40-32-18(5),
		40-32-18(8).
Law Implemented:
SDCL
		40-32-10.4
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:02 - Enforcement › Section 12:17:02:07 - Violation of rules relating to methods - Cause for suspension of farm permit

Current through Register Vol. 51, page 10, July 15, 2024
Significant violations of rules relating to a producer's methods on any
	 one inspection or consecutive violations on two successive inspections require
	 a reinspection. If the reinspection reveals that the rules violated on the
	 preceding inspection have not been corrected, the secretary shall suspend the
	 producer's permit.
An extension of time may not be granted unless the extension is needed
	 due to conditions beyond the producer's control and it is approved by the
	 secretary.
General Authority:
SDCL
		40-32-18(4),
		40-32-18(8).
Law Implemented:
SDCL
		40-32-10.4.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:02 - Enforcement › Section 12:17:02:08 - Reinstatement of farm permit suspended for other than quality standards

Current through Register Vol. 51, page 10, July 15, 2024
A producer whose permit has been suspended for a reason other than
	 quality standards must submit a written request for the reinstatement of the
	 permit to the secretary. Within five working days after receipt of the request,
	 an inspector or a licensed dairy fieldman shall inspect the dairy farm
	 facilities and operating methods to determine whether the conditions
	 responsible for the suspension have been corrected. If the findings justify it
	 and the secretary approves, the permit shall be reinstated. The producer's bulk
	 milk tank must be empty and clean at the time of the final
	 inspection.
General Authority:
SDCL
		40-32-18(8).
Law Implemented:
SDCL
		40-32-10.8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:02 - Enforcement › Section 12:17:02:09 - Temporary farm permit may be issued under certain conditions

Current through Register Vol. 51, page 10, July 15, 2024
When a producer obtains a new dairy farm and prevailing conditions
	 preclude the granting of a permit to that dairy farm due to inadequate
	 facilities, the department may authorize a temporary permit for not more than
	 six months for construction necessary to obtain a full
	 permit.
General Authority:
SDCL
		40-32-18(5).
Law Implemented:
SDCL
		40-32-10.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:02 - Enforcement › Section 12:17:02:10 - Grade A permit accepted under certain conditions

Current through Register Vol. 51, page 10, July 15, 2024
Milk from a dairy farm holding a valid Grade A permit may be accepted
	 for manufacturing grade milk in lieu of any additional permit. A producer with
	 a suspended Grade A permit may sell milk as manufacturing grade milk for not
	 more than 90 days from the date of suspension if the producer meets the
	 requirements for farm certification and the milk quality tests for new
	 producers and if the permit was not suspended because the quality of the milk
	 supply failed to meet the requirements of §
									12:17:03:22.02. A producer who has
	 not qualified for reinstatement of the Grade A permit before the expiration of
	 the 90-day period must be certified for a manufacturing grade milk permit by
	 inspection before further shipments of milk are offered for sale or transported
	 from the producer's dairy farm as manufacturing grade milk.
General Authority:
SDCL
		40-32-18(5).
Law Implemented:
SDCL
		40-32-10.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:02 - Enforcement › Section 12:17:02:11 - Reinstatement of permit - Suspension due to quality standards

Current through Register Vol. 51, page 10, July 15, 2024
If a permit suspension is due to a violation of any of the quality
	 standards, except for the somatic cell standard, the secretary shall, within
	 one week after the receipt of notification for reinstatement and receipt of
	 acceptable results of a resampling of the herd's milk supply, issue a
	 three-week temporary permit after determining by an inspection of the
	 facilities and operating methods that the conditions responsible for the
	 violation have been corrected. Official samples shall be taken, and analyzed at
	 an officially designated laboratory, at a rate of at least one per week for
	 three weeks. Any sample not in compliance within the three-week temporary
	 permit shall result in an automatic suspension of the producer's permit. The
	 secretary shall reinstate the permit upon compliance with the applicable
	 standard set in chapter 12:17:03.
If a permit suspension is due to a violation of the somatic cell
	 standard, the secretary shall issue a three-week temporary permit if a
	 resampling of the herd's milk supply indicates the milk supply to be within
	 acceptable limits. Official somatic cell samples shall be taken and analyzed at
	 an officially designated laboratory at a rate of at least two per week on
	 separate days within the three-week period. Any sample not in compliance within
	 the three-week period shall result in an automatic suspension of the producer's
	 permit. The secretary shall reinstate the permit upon compliance with the
	 applicable standard set in chapter 12:17:03.
General Authority:
SDCL
		40-32-18(5).
Law Implemented:
SDCL
		40-32-10.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:02 - Enforcement › Section 12:17:02:12 - Tests to be conducted on raw milk

Current through Register Vol. 51, page 10, July 15, 2024
Industry shall take official samples of raw milk for the purpose of
	 testing for bacterial counts, somatic cell counts, sediment, and cooling
	 temperature at officially designated laboratories. In addition, industry shall
	 perform a drug residue test on every farm bulk tank of each producer's milk or
	 on commingled raw milk. If commingled milk is tested, all producers must be
	 represented in the sample. All individual sources of milk must be tested if
	 test results on the commingled milk are positive.
General Authority:
SDCL
		40-32-18(2).
Law Implemented:
SDCL
		40-32-10.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:02 - Enforcement › Section 12:17:02:13 - Notice or suspension if standard exceeded

Current through Register Vol. 51, page 10, July 15, 2024
If two of the last four consecutive monthly bacterial counts and
	 somatic cell counts or cooling temperatures exceed the limit of the standard
	 for the milk, the secretary shall send a written notice to the person
	 concerned. The notice remains effective as long as two of the last four
	 consecutive samples exceed the limit of the standard. The secretary shall
	 suspend the producer's permit immediately if the standard is violated by three
	 of the last five bacterial counts, cooling temperatures, or somatic cell
	 counts.
General Authority:
SDCL
		40-32-18(1).
Law Implemented:
SDCL
		40-32-10.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:02 - Enforcement › Section 12:17:02:14 - Drug or pesticide residues

Current through Register Vol. 51, page 10, July 15, 2024
If a drug or pesticide residue test is positive, an investigation shall
	 be made to determine the cause and the cause shall be corrected. An additional
	 sample shall be taken and tested for drug or pesticide residues and the milk or
	 milk product may not be offered for sale until it is shown by a subsequent
	 sample to be free of drug or pesticide residues or below the tolerances for
	 pesticides established in 40 C.F.R. Part 185 (July 1, 1990).
General Authority:
SDCL
		40-32-18(5).
Law Implemented:
SDCL
		40-32-10.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:02 - Enforcement › Section 12:17:02:15 - Analyzing of samples

Current through Register Vol. 51, page 10, July 15, 2024
Samples shall be analyzed at an officially designated laboratory. All
	 sampling procedures and required laboratory examinations must be in substantial
	 compliance with the
Standard Methods for the Examination of Dairy
	 Products
and
Official Methods of Analysis
General Authority:
SDCL
		40-32-18(2).
Law Implemented:
SDCL
		40-32-10.1.
Standard Methods for the Examination of Dairy Products
,
		17th edition, 2004, H. Michael Wehr, Ph.D. and Joseph F. Frank, Ph.D., Editors,
		American Public Health Association, Washington, D.C. Copies may be obtained
		from the American Public Health Association, 1015 15th Street, N.W.,
		Washington, D.C. 20005-2699.
Official Methods of Analysis
, 19th edition, 2012,
		Association of Official Analytical Chemists, Gaithersburg, MD. Copies may be
		obtained from the Association of Official Analytical Chemists International,
		Customer Services, 481 N. Frederick Ave., Suite 500, Gaithersburg, MD
		20877-2417.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:02 - Enforcement › Section 12:17:02:16 - Drug residues - Penalties

Current through Register Vol. 51, page 10, July 15, 2024
If testing reveals milk to be positive for drug residues, the milk
	 shall be disposed of in a manner that removes it from the human food chain. The
	 milk buyer shall determine the producer or producers responsible for the
	 violation and immediately notify the secretary.
The secretary shall immediately suspend the manufacturing permit of the
	 producer responsible for drug residues. The penalty shall be for the value of
	 all milk on the contaminated load plus any costs associated with the
	 disposition of the contaminated load. The secretary shall accept certification
	 from the violative producer's milk buyer as satisfying the penalty
	 requirements. This certification shall be sent to the secretary promptly after
	 the disposition of the contaminated load. For a third violation of drug residue
	 in 12 months, the secretary shall hold a hearing pursuant to SDCL 1-26 to
	 revoke the producer's permit.
General Authority:
SDCL
		40-32-18(2).
Law Implemented:
SDCL
		40-32-10.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:02 - Enforcement › Section 12:17:02:17 - Reinstatement of permit suspended for drug residues

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall issue a 15-day temporary permit after a
	 representative sample taken from the producer's milk is no longer positive for
	 drug residue. The producer's permit shall be a full Manufacturing Grade permit
	 if the department receives within 15 days a follow-up inspection conducted by
	 the secretary detailing the cause of the producer's drug residue, actions taken
	 to prevent future violations including on farm changes in procedures necessary
	 to prevent future occurrences, and discussion and education of drug residue
	 avoidance control measures. If the department fails to receive the completed
	 follow-up inspection signed by the producer and secretary within 15 days, the
	 producer's Manufacturing Grade temporary permit is automatically suspended
	 until the department receives the completed and signed follow-up
	 inspection.
General Authority:
SDCL
		40-32-18(3).
Law Implemented:
SDCL
		40-32-10.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:02 - Enforcement › Section 12:17:02:18 - Pasteurization required

Current through Register Vol. 51, page 10, July 15, 2024
No milk products nor fluid milk products may be manufactured, shipped,
	 transported, or imported for use or sale within this state unless the milk and
	 fluid milk products used in the manufacture of such food products are
	 pasteurized in equipment approved by the secretary before or during manufacture
	 into milk products or fluid milk products. This restriction does not apply to
	 cheese that has been cured at least 60 days after manufacture at a temperature
	 no lower than 35 degrees Fahrenheit and bottled raw milk for human consumption
	 as defined in ARSD 12:81. Any bulk shipped milk and milk products that have
	 been previously pasteurized or heat treated shall be repasteurized in the plant
	 of final processing and packaging or as deemed necessary by the
	 department.
General Authority:
SDCL
		40-32-18(4).
Law Implemented:
SDCL
		40-32-18(4).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:03 - Quality requirements › Section 12:17:03:01 - Basis

Current through Register Vol. 51, page 10, July 15, 2024
The classification of raw milk for manufacturing purposes is based on
	 the following:
(1) Sight and odor,
  acceptable or rejected;
(2)
  Sediment test, class one, class two, class three, and class four;
(3) Bacterial estimate test;
(4) Somatic cell count test;
(5) Drug residue test; and
(6) Pesticide test.
At a minimum, milk offered for sale from a producer must be sampled
	 every pickup and tested monthly. Tests must be in accordance with procedures
	 with the
Standard Methods for the Examination of Dairy Products
and
Official Methods of Analysis.
Samples must be taken by a
	 licensed sampler. Analysis must be performed at an officially designated
	 laboratory. The cost of sampling, transportation, and analysis is the
	 responsibility of the milk buyer.
General Authority:
SDCL
		40-32-18(1).
Law Implemented:
SDCL
		40-32-18(1).
Standard Methods for the Examination of Dairy Products
,
		17th edition, 2004, H. Michael Wehr, Ph.D. and Joseph F. Frank, Ph.D., Editors,
		American Public Health Association, Washington, D.C. Copies may be obtained
		from the American Public Health Association, 1015 15th Street, N.W.,
		Washington, D.C. 20005-2699.
Official Methods of Analysis
, 19th edition, 2012,
		Association of Official Analytical Chemists, Gaithersburg, MD. Copies may be
		obtained from the Association of Official Analytical Chemists International,
		Customer Services, 481 N. Frederick Ave., Suite 500, Gaithersburg, MD
		20877-2417
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:03 - Quality requirements › Section 12:17:03:02 - Sight and odor

Current through Register Vol. 51, page 10, July 15, 2024
The flavor and odor of acceptable milk shall be fresh and sweet. The
	 milk shall be free from objectionable feed odors and other off odors that would
	 adversely affect the finished product and shall not show by sight or odor any
	 abnormal condition, including but not limited to curdled, ropy, bloody, or
	 mastitic conditions.
General Authority:
SDCL
		40-32-18(1).
Law Implemented:
SDCL
		40-32-18(1).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:03 - Quality requirements › Section 12:17:03:03 - Sediment content classification

Current through Register Vol. 51, page 10, July 15, 2024
A mixed sample of milk shall be taken from each farm bulk tank by the
	 milk hauler or dairy fieldman and classified for sediment content in an
	 officially designated laboratory as follows:
(1) Number one acceptable must have a
  sediment content not more than 0.5 milligram;
(2) Number two acceptable must have a
  sediment content not more than 1.5 milligrams;
(3) Number three probational must have a
  sediment content not more than 2.5 milligrams; and
(4) Number four reject must have a sediment
  content exceeding 2.5 milligrams.
General Authority:
SDCL
		40-32-18(1).
Law Implemented:
SDCL
		40-32-18(1).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:03 - Quality requirements › Section 12:17:03:04 - Method for sediment testing

Current through Register Vol. 51, page 10, July 15, 2024
Methods for determining sediment content and classification of milk are
	 as prescribed in
Standard Methods for the Examination of Dairy
	 Products
.
General Authority:
SDCL
		40-32-18(1).
Law Implemented:
SDCL
		40-32-18(1).
Standard Methods for the Examination of Dairy Products
,
		17th edition, 2004, H. Michael Wehr, Ph.D. and Joseph F. Frank, Ph.D. Editors,
		American Public Health Association, Washington, D.C. Copies may be obtained
		from the American Public Health Association, 1015 15th Street, N.W.,
		Washington, D.C. 20005-2699.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:03 - Quality requirements › Section 12:17:03:05 - Frequency of sediment testing

Current through Register Vol. 51, page 10, July 15, 2024
At least once each month, at irregular intervals, the milk from the
	 bulk tank of each producer shall be tested for sediment.
General Authority:
SDCL
		40-32-18(1).
Law Implemented:
SDCL
		40-32-18(1).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:03 - Quality requirements › Section 12:17:03:07 - Sediment retests

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall suspend producers of number four milk from the
	 market immediately for imminent health reasons. The milk buyer shall furnish
	 applicable sediment discs to such producers, and their next milk shipment must
	 test number one or two. The secretary may issue a three-week temporary permit
	 if the producer's milk sediment is a number one or two. Official samples shall
	 be taken and analyzed for sediment at an officially designated laboratory at a
	 rate of at least two per week on separate days for three weeks. Any sample with
	 a milk sediment of number three or four within the three-week permit shall
	 result in an automatic suspension of the producer's permit. The secretary shall
	 reinstate the permit upon compliance with the applicable standard set in
	 chapter 12:17:03.
General Authority:
SDCL
		40-32-18(1).
Law Implemented:
SDCL
		40-32-18(1).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:03 - Quality requirements › Section 12:17:03:09 - Bacterial limits

Current through Register Vol. 51, page 10, July 15, 2024
Milk of individual producers may not exceed 500,000 bacteria per
	 milliliter before commingling with other producers' milk.
General Authority:
SDCL
		40-32-18(1).
Law Implemented:
SDCL
		40-32-18(1).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:03 - Quality requirements › Section 12:17:03:10 - Methods for bacteriological testing

Current through Register Vol. 51, page 10, July 15, 2024
Methods for determining the bacterial estimate of milk are those
	 prescribed in
Standard Methods for the Examination of Dairy
	 Products
.
General Authority:
SDCL
		40-32-18(2).
Law Implemented:
SDCL
		40-32-18(2).
Standard Methods for the Examination of Dairy Products
,
		17th edition, 2004, H. Michael Wehr, Ph.D. and Joseph F. Frank, Ph.D., Editors,
		American Public Health Association, Washington, D.C. Copies may be obtained
		from the American Public Health Association, 1015 15th Street, N.W.,
		Washington, D.C. 20005-2699.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:03 - Quality requirements › Section 12:17:03:11 - Frequency for bacteriological testing

Current through Register Vol. 51, page 10, July 15, 2024
At least once each month at irregular intervals, a sample of each
	 producer's milk shall be tested for a bacterial count at an officially
	 designated laboratory. These reports must be submitted to the secretary within
	 15 days by the milk buyer.
General Authority:
SDCL
		40-32-18(1).
Law Implemented:
SDCL
		40-32-18(1).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:03 - Quality requirements › Section 12:17:03:14 - Rejected milk

Current through Register Vol. 51, page 10, July 15, 2024
A plant shall reject specific milk from a producer if it fails to meet
	 the requirements for sight and odor, if it is classified number four for
	 sediment content, or if it is adulterated as defined in §
									12:17:01:02.
General Authority:
SDCL
		40-32-18(1).
Law Implemented:
SDCL
		40-32-18(1).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:03 - Quality requirements › Section 12:17:03:15 - Reject milk to be tagged and colored

Current through Register Vol. 51, page 10, July 15, 2024
All reject milk shall be identified with a reject tag and colored with
	 food coloring.
General Authority:
SDCL
		40-32-18(1).
Law Implemented:
SDCL
		40-32-20(1).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:03 - Quality requirements › Section 12:17:03:16 - Excluded milk

Current through Register Vol. 51, page 10, July 15, 2024
A plant may not accept milk from a producer for use in products under
	 the following circumstances:
(1) A new
  producer's milk does not meet the requirements for acceptable milk as provided
  in §
									12:17:03:09 or
  12:17:03:22.02; or
(2) The milk is in the number four sediment
  content classification as provided in §
									12:17:03:03; or
(3) The milk is abnormal.
General Authority:
SDCL
		40-32-18(1).
Law Implemented:
SDCL
		40-32-18(1).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:03 - Quality requirements › Section 12:17:03:17 - New producer - Milk tests required

Current through Register Vol. 51, page 10, July 15, 2024
An examination by a licensed sampler/grader shall be made on the first
	 shipment of milk from a producer shipping milk to a plant for the first time or
	 after a 30-day period of nonshipment. The milk must meet the requirements for
	 acceptable milk as provided in §§
									12:17:03:01 and
	 12:17:03:09. Thereafter, the milk
	 shall be tested in accordance with the procedures established for regular milk
	 shippers in §
									12:17:02:12.
General Authority:
SDCL
		40-32-18(1).
Law Implemented:
SDCL
		40-32-18(1).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:03 - Quality requirements › Section 12:17:03:18 - Change of milk plant - Transfer procedure

Current through Register Vol. 51, page 10, July 15, 2024
Before a producer discontinues milk delivery at one plant and begins
	 delivery to a different plant for any reason, the producer shall furnish the
	 dairy fieldman of the plant to which the milk is intended to be transferred a
	 completed and signed transfer form prescribed by the secretary. After receiving
	 the transfer form from the producer, the dairy fieldman shall deliver the
	 transfer form to the local inspector and telephone the secretary to inquire
	 about the producer's quality and inspection records. No transfer may be made if
	 the latest quality tests do not meet the standards listed in §
									12:17:03:16 or if the producer's
	 permit is suspended for failure to meet the requirements of chapter 12:17:04.
	 The transfer may take place after the secretary's approval.
General Authority:
SDCL
		40-32-18(2).
Law Implemented:
SDCL
		40-32-18(2).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:03 - Quality requirements › Section 12:17:03:20 - Producer record to be maintained by plant

Current through Register Vol. 51, page 10, July 15, 2024
A dairy plant shall keep for at least one year a record for each
	 producer showing the results of farm inspections and the dates and results of
	 all quality and laboratory tests.
General Authority:
SDCL
		40-32-18(2).
Law Implemented:
SDCL
		40-32-18(2).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:03 - Quality requirements › Section 12:17:03:21 - Disposition of abnormal milk

Current through Register Vol. 51, page 10, July 15, 2024
Cows 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 treated with or cows 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
		40-32-18(1).
Law Implemented:
SDCL
		40-32-18(1).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:03 - Quality requirements › Section 12:17:03:22 - Tests for somatic cell count

Current through Register Vol. 51, page 10, July 15, 2024
Tests for somatic cell count shall be performed as prescribed in
Standard Methods for the Examination of Dairy Products
at an
	 officially designated laboratory once each month on a sample of herd milk from
	 each producer and the results reported to the secretary.
General Authority:
SDCL
		40-32-18(2).
Law Implemented:
SDCL
		40-32-18(2).
Standard Methods for the Examination of Dairy Products
,
		17th edition, 2004, H. Michael Wehr, Ph.D. and Joseph F. Frank, Ph.D., Editors,
		American Public Health Association, Washington, D.C. Copies may be obtained
		from the American Public Health Association, Inc., 1015 15th Street, N.W.,
		Washington, D.C. 20005-2699.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:03 - Quality requirements › Section 12:17:03:22.02 - Somatic cell limits

Current through Register Vol. 51, page 10, July 15, 2024
Milk of individual producers may not exceed 750,000 somatic cells per
	 milliliter before commingling with other producer's milk. Goat milk may not
	 exceed 1,500,000 somatic cells per milliliter.
General Authority:
SDCL
		40-32-18(2).
Law Implemented:
SDCL
		40-32-18(1).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:03 - Quality requirements › Section 12:17:03:23 - Test for drug residue

Current through Register Vol. 51, page 10, July 15, 2024
The milk buyer shall screen all bulk milk pickup tankers for beta
	 lactam drug residues. In addition, the milk buyer shall employ a random bulk
	 milk pickup tanker sampling program which screens for other drug residues. The
	 screening program shall include at least four samples collected in at least
	 four separate months during any consecutive six months. Samples collected under
	 the random sampling program shall be analyzed as specified by the
	 secretary.
The bulk milk pickup tanker must be sampled at the dairy plant, unless
	 approved by the secretary, after milk from the last producer has been picked up
	 and before any additional commingling. The milk shall be thoroughly agitated
	 and sampled using approved sampling procedures. The sample analysis must be
	 completed before the milk is processed. Bulk milk pickup tanker samples that
	 are positive for drug residues shall be retained upon the request of the
	 secretary. The milk buyer shall also record all sample results and retain the
	 records for one year.
If a bulk milk pickup tanker is found to be positive for drug residues,
	 the secretary shall be immediately notified of the results and the ultimate
	 disposition of the raw milk.
The producer samples from the bulk milk pickup tanker found to be
	 positive for drug residues shall be individually tested to determine the farm
	 of origin. The samples shall be tested at an officially designated laboratory
	 capable of performing the specific test. The milk buyer shall discontinue
	 further pickups from the individual producer whose milk tested positive for
	 drug residues until subsequent tests are no longer positive for drug
	 residues.
General Authority:
SDCL
		40-32-18(2).
Law Implemented:
SDCL
		40-32-18(2).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:03 - Quality requirements › Section 12:17:03:23.01 - Monitoring of random sampling program for detecting drug residues

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall monitor surveillance activities of milk plants by
	 making unannounced on-site inspections to collect samples from bulk milk pickup
	 tankers and to review records of the milk plant's random sampling program for
	 detecting drug residues. The review shall include the following:
(1) The appropriateness of the routine
  monitoring program and the test methods for detecting drug residues;
(2) The representation of each producer's
  milk in the testing program and the frequency of testing in accordance with
  §
									12:17:03:23;
(3) The timeliness of notice of positive test
  results to the secretary;
(4) The
  ultimate disposition of the milk in the bulk milk pickup tanker;
(5) The trace back to the farm of origin;
  and
(6) The suspension of pickup of
  milk at the farm until subsequent testing establishes that the milk is no
  longer positive for drug residues.
General Authority:
SDCL
		40-32-18(2).
Law Implemented:
SDCL
		40-32-18(2).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:03 - Quality requirements › Section 12:17:03:24 - Test for pesticides

Current through Register Vol. 51, page 10, July 15, 2024
Composite milk 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 Title 40 C.F.R. Part 180, pages
	 162 to 291, inclusive (July 1, 1990).
General Authority:
SDCL
		40-32-18(2).
Law Implemented:
SDCL
		40-32-18(2).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:04 - Farm requirements › Section 12:17:04:01 - General health of herd

Current through Register Vol. 51, page 10, July 15, 2024
All animals in each herd subject to this article shall be maintained in
	 a healthy condition.
General Authority:
SDCL
		40-32-18(4).
Law Implemented:
SDCL
		40-32-18(4).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:04 - Farm requirements › Section 12:17:04:02 - Tuberculin test - Herd to be located in modified accredited area

Current through Register Vol. 51, page 10, July 15, 2024
Each herd subject to this article must be located in an area within the
	 state which meets the requirements of a modified accredited area in which not
	 more than one-half of one percent of the cattle have been found to be infected
	 with tuberculosis. This is determined by the rules of the animal industry board
	 in chapter 12:68:04 for establishing and maintaining tuberculosis-free herds of
	 cattle and modified accredited areas. If the herd is not located in such an
	 area, it must be tested for tuberculosis annually. All additions to the herd
	 must be from an area or from herds meeting the requirements in chapter
	 12:68:04.
General Authority:
SDCL
		40-32-18(4).
Law Implemented:
SDCL
		40-32-18(4).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:04 - Farm requirements › Section 12:17:04:03 - Brucellosis test - Herd to be located in modified accredited area

Current through Register Vol. 51, page 10, July 15, 2024
Each herd subject to this article shall be located in an area within
	 the state which meets the requirements of chapter 12:68:05. If the area in
	 which the herd is located does not meet these requirements, the herd shall be
	 blood tested annually or milk ring tested semiannually. All additions to the
	 herd shall be from an area or from herds meeting these requirements. All
	 reactors disclosed on blood agglutination tests shall be separated immediately
	 from the milking herd. The milk of the reactors shall not be used for human
	 consumption.
General Authority:
SDCL
		40-32-18(4).
Law Implemented:
SDCL
		40-32-18(4).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:04 - Farm requirements › Section 12:17:04:04 - 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 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
		40-32-18(5).
Law Implemented:
SDCL
		40-32-18(5).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:04 - Farm requirements › Section 12:17:04:05 - 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 before being transferred to the bulk
	 tank for cooling.
General Authority:
SDCL
		40-32-18(5).
Law Implemented:
SDCL
		40-32-18(5).