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Rule 12:17 DAIRY PLANTS AND MANUFACTURED GRADE MILK

ARTICLE 12:17

DAIRY PLANTS AND MANUFACTURED GRADE MILK

Chapter

12:17:01             Definitions.

12:17:02             Enforcement.

12:17:03             Quality requirements.

12:17:04             Farm requirements.

12:17:05             Milk sampling and testing.

12:17:06             Licensed dairy plants.

12:17:07             Manufactured grade dairy products.

12:17:08             Cream purchasing requirements, Repealed.

12:17:09             Requirements for cream stations, Repealed.

12:17:10             Requirements for light butter.


Rule 12:17:01 DEFINITIONS

CHAPTER 12:17:01

DEFINITIONS

Section

12:17:01:01        Definitions.

12:17:01:02        Adulterated milk and milk products defined.


Rule 12:17:01:01 Definitions.

          12:17:01:01.  Definitions. Terms defined in SDCL 40-32-2 have the same meaning when used in this article. In addition, terms used in this article mean:

 

          (1)  "Acceptable milk," milk that complies with § 12:17:03:02 as to sight and odor, is classified number one, number two, or number three for sediment content under § 12:17:03:03, has a bacteria count of not more than 500,000 per milliliter, and has a somatic cell count of not more than 750,000 per milliliter;

 

          (2)  "Butter," the food product usually known as butter that is made exclusively from milk or cream, or both, with or without common salt, with or without additional coloring matter, containing no less than 80 percent by weight of milk fat;

 

          (3)  "C I P" or "cleaned in place," the procedure by which sanitary pipelines or pieces of dairy equipment are mechanically cleaned in place by circulation of cleaning solution through them;

 

          (4)  "Excluded milk," all of the producers' milk excluded from the market by the provisions of § 12:17:03:16;

 

          (5)  "Farm certification," a certification by an inspector or dairy fieldman that a producer's herd, milking facility and housing, milking procedure, cooling, milkhouse or milkroom, utensils and equipment, and water supply have been found to meet the requirements of chapter 12:17:04 for the production of manufacturing grade milk;

 

          (6)  "Inspector," a qualified and trained person employed by the department to perform dairy farm and dairy plant inspections and raw milk grading and to supervise dairy fieldmen;

 

          (7)  "Manufacturing grade milk," milk produced for processing and manufacturing into products for human consumption which is not subject to Grade A requirements stated in SDCL 39-6;

 

          (8)  "Milk," the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows; as used in this article, only milk used for manufacturing purposes;

 

          (9)  "Probational milk," milk classified number three for sediment content pursuant to § 12:17:03:03 or milk having a somatic cell count of more than 750,000 per milliliter;

 

          (10)  "Reject milk," milk whose sight and odor does not qualify pursuant to § 12:17:03:02 or that is classified number four for sediment content pursuant to § 12:17:03:03 and is rejected by a dairy plant pursuant to § 12:17:03:14 or milk that is adulterated;

 

          (11)  "Standard methods," Standard Methods for the Examination of Dairy Products, American Public Health Association (2004);

 

          (12)  "3-A sanitary standards," 3-A Sanitary Standards and Accepted Practices, 3-A Sanitary Standards Committee (1999);

 

          (13)  "Secretary," the secretary of agriculture, including agents and employees of the department of agriculture to the extent that this article involves inspection and enforcement of administrative responsibilities;

 

          (14)  "Abnormal milk," milk that is visibly changed in color, odor, or texture; milk that, before the milking of the animal, is known to be unsuitable for sale, such as colostrum; milk that is unsaleable or unfit for human consumption following treatment of the animal with veterinary products, i.e. antibiotics that have withhold requirements or treatment with medicines or insecticides not approved for use on dairy animals by the United States Food and Drug Administration (FDA) or the United States Environmental Protection Agency (EPA);

 

          (15)  "Goat milk," the lacteal secretion, practically free from colostrum, with a somatic cell count of 1,500,000 per milliliter or less, obtained by the complete milking of one or more healthy goats and used for manufacturing purposes;

 

          (16)  "Pesticide," any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; or a substance or mixture of substances intended to be used as a spray adjuvant;

 

          (17)  "Light butter" or "reduced fat butter," food produced to resemble butter that contains no more than 52 percent butterfat, has at least one-third fewer calories than butter, is made from milk or cream or any other dairy ingredient derived from milk that has been pasteurized, and meets the requirements in chapter 12:17:10;

 

          (18)  "Sheep milk," the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy sheep and used for manufacturing;

 

          (19)  "Official sample," a sample collected by the secretary, a licensed bulk hauler, a fieldman, or a sampler/grader;

 

          (20)  "Officially designated laboratory," a commercial or a milk industry laboratory authorized by the secretary to examine producer samples of manufacturing grade raw milk for pasteurization and commingled milk tank truck samples of raw milk for drug residues and bacterial limits;

 

          (21)  "Industry," an individual, plant operation, partnership, corporation, company, association, or institution involved in the buying or selling of milk or milk products in South Dakota;

 

          (22)  "Milk buyer," an individual, plant operation, partnership, corporation, company, association, or institution buying raw milk from South Dakota dairy producers;

 

          (23)  "Dairy fieldman," an individual authorized by a milk buyer and licensed by the secretary to provide adequate and continuous field service to assist dairy producers in maintaining quality and sanitation requirements.

 

          Source: SL 1975, ch 16, § 1; 7 SDR 125, effective July 9, 1981; 12 SDR 102, effective December 25, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 17 SDR 204, effective July 8, 1991; 19 SDR 61, effective October 26, 1992; 25 SDR 85, effective December 20, 1998; 30 SDR 203, effective June 24, 2004; 32 SDR 203, effective June 6, 2006; 35 SDR 183, effective February 2, 2009; 41 SDR 119, effective February 11, 2015.

          General Authority: SDCL 40-32-18.

          Law Implemented: SDCL 40-32-18.

 

          References: 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., 20005. Copies may be obtained from the American Public Health Association, 1015 15th Street, N.W., Washington, D.C. 20005-2699.

 

          3-A Sanitary Standards and Accepted Practices, November 21, 1999, formulated by the Dairy Industry Committee, International Association of Milk, Food and Environmental Sanitarians, U.S. Public Health Service, U.S. Department of Agriculture, Dairy and Food Industries Supply Association, and Poultry and Egg Institute of America. Published by the Journal of Food Protection. Copies may be obtained from the International Association of Milk, Food and Environmental Sanitarians, Box 701, Ames, Iowa 50010.

 


Rule 12:17:01:02 Adulterated milk and milk products defined.

          12:17:01:02.  Adulterated milk and milk products defined. 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.

          Source: 7 SDR 125, effective July 9, 1981; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992; 25 SDR 85, effective December 20, 1998.

          General Authority: SDCL 40-32-18.

          Law Implemented: SDCL 40-32-18.


Rule 12:17:02 ENFORCEMENT

CHAPTER 12:17:02

ENFORCEMENT

Section

12:17:02:01        License for dairy fieldman.

12:17:02:02        Responsibilities of dairy fieldman.

12:17:02:03        Farm inspection reports -- Posting and distribution.

12:17:02:04        Repealed.

12:17:02:05        Frequency of farm inspections.

12:17:02:06        Violation of rules relating to facilities -- Cause for suspension of farm permit.

12:17:02:07        Violation of rules relating to methods -- Cause for suspension of farm permit.

12:17:02:08        Reinstatement of farm permit suspended for other than quality standards.

12:17:02:09        Temporary farm permit may be issued under certain conditions.

12:17:02:10        Grade A permit accepted under certain conditions.

12:17:02:11        Reinstatement of permit -- Suspension due to quality standards.

12:17:02:12        Tests to be conducted on raw milk.

12:17:02:13        Notice or suspension if standard exceeded.

12:17:02:14        Drug or pesticide residues.

12:17:02:15        Analyzing of samples.

12:17:02:16        Drug residues -- Penalties.

12:17:02:17        Reinstatement of permit suspended for drug residues.

12:17:02:18        Pasteurization required.


Rule 12:17:02:01 License for dairy fieldman.

          12:17:02:01.  License for dairy fieldman. 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.

          Source: SL 1975, ch 16, § 1; 7 SDR 125, effective July 9, 1981; 12 SDR 102, effective December 25, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992; 25 SDR 85, effective December 20, 1998; 30 SDR 203, effective June 24, 2004.

          General Authority: SDCL 40-32-18(8).

          Law Implemented: SDCL 40-32-10.7, 40-32-18(8).


Rule 12:17:02:02 Responsibilities of dairy fieldman.

          12:17:02:02.  Responsibilities of dairy fieldman. 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.

          Source: SL 1975, ch 16, § 1; 7 SDR 125, effective July 9, 1981; 12 SDR 102, effective December 25, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992; 25 SDR 85, effective December 20, 1998.

          General Authority: SDCL 40-32-18(8).

          Law Implemented: SDCL 40-32-18(8).


Rule 12:17:02:03 Farm inspection reports -- Posting and distribution.

          12:17:02:03.  Farm inspection reports -- Posting and distribution. 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.

          Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992; 30 SDR 203, effective June 24, 2004

          General Authority: SDCL 40-32-18(8).

          Law Implemented: SDCL 40-32-18(8).


Rule 12:17:02:04 Repealed.

          12:17:02:04.  Transfer producers to be inspected within seven days.Repealed.

          Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 19 SDR 61, effective October 26, 1992.


Rule 12:17:02:05 Frequency of farm inspections.

          12:17:02:05.  Frequency of farm inspections. 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.

          Source: SL 1975, ch 16, § 1; 7 SDR 125, effective July 9, 1981; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992.

          General Authority: SDCL 40-32-18(8).

          Law Implemented: SDCL 40-32-10.6, 40-32-18(8).


Rule 12:17:02:06 Violation of rules relating to facilities -- Cause for suspension of farm permit.

          12:17:02:06.  Violation of rules relating to facilities -- Cause for suspension of farm permit. 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.

          Source: SL 1975, ch 16, § 1; 7 SDR 125, effective July 9, 1981; 12 SDR 102, effective December 25, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992; 25 SDR 85, effective December 20, 1998.

          General Authority: SDCL 40-32-18(5), 40-32-18(8).

          Law Implemented: SDCL 40-32-10.4


Rule 12:17:02:07 Violation of rules relating to methods -- Cause for suspension of farm permit.

          12:17:02:07.  Violation of rules relating to methods -- Cause for suspension of farm permit. 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.

          Source: SL 1975, ch 16, § 1; 7 SDR 125, effective July 9, 1981; 12 SDR 102, effective December 25, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992; 25 SDR 85, effective December 20, 1998.

          General Authority: SDCL 40-32-18(4), 40-32-18(8).

          Law Implemented: SDCL 40-32-10.4.


Rule 12:17:02:08 Reinstatement of farm permit suspended for other than quality standards.

          12:17:02:08.  Reinstatement of farm permit suspended for other than quality standards. 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.

          Source: SL 1975, ch 16, § 1; 7 SDR 125, effective July 9, 1981; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992; 25 SDR 85, effective December 20, 1998.

          General Authority: SDCL 40-32-18(8).

          Law Implemented: SDCL 40-32-10.8.


Rule 12:17:02:09 Temporary farm permit may be issued under certain conditions.

          12:17:02:09.  Temporary farm permit may be issued under certain conditions. 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.

          Source: SL 1975, ch 16, § 1; 7 SDR 125, effective July 9, 1981; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority: SDCL 40-32-18(5).

          Law Implemented: SDCL 40-32-10.1.


Rule 12:17:02:10 Grade A permit accepted under certain conditions.

          12:17:02:10.  Grade A permit accepted under certain conditions. 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.

          Source: SL 1975, ch 16, § 1; 7 SDR 125, effective July 9, 1981; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992; 25 SDR 85, effective December 20, 1998.

          General Authority: SDCL 40-32-18(5).

          Law Implemented: SDCL 40-32-10.1.


Rule 12:17:02:11 Reinstatement of permit -- Suspension due to quality standards.

          12:17:02:11.  Reinstatement of permit -- Suspension due to quality standards. 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.

 

          Source: 19 SDR 61, effective October 26, 1992; 25 SDR 85, effective December 20, 1998; 30 SDR 203, effective June 24, 2004.

          General Authority: SDCL 40-32-18(5).

          Law Implemented: SDCL 40-32-10.1.

 


Rule 12:17:02:12 Tests to be conducted on raw milk.

          12:17:02:12.  Tests to be conducted on raw milk. 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.

          Source: 19 SDR 61, effective October 26, 1992; 25 SDR 85, effective September 20, 1998; 30 SDR 203, effective June 24, 2004.

          General Authority: SDCL 40-32-18(2).

          Law Implemented: SDCL 40-32-10.1.


Rule 12:17:02:13 Notice or suspension if standard exceeded.

          12:17:02:13.  Notice or suspension if standard exceeded. 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.

          Source: 19 SDR 61, effective October 26, 1992; 25 SDR 85, effective December 20, 1998.

          General Authority: SDCL 40-32-18(1).

          Law Implemented: SDCL 40-32-10.1.


Rule 12:17:02:14 Drug or pesticide residues.

          12:17:02:14.  Drug or pesticide residues. 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).

          Source: 19 SDR 61, effective October 26, 1992.

          General Authority: SDCL 40-32-18(5).

          Law Implemented: SDCL 40-32-10.1.


Rule 12:17:02:15 Analyzing of samples.

          12:17:02:15.  Analyzing of samples. Samples shall be analyzed at an officially designated laboratory. All sampling procedures and required laboratory examinations must be in substantial compliance with the 17th Edition of Standard Methods for the Examination of Dairy Products of the American Public Health Association, and the 19th Edition of Official Methods of Analysis of the Association of Official Analytical Chemists.

 

          Source: 19 SDR 61, effective October 26, 1992; 25 SDR 85, effective December 20, 1998; 32 SDR 203, effective June 6, 2006; 41 SDR 119, effective February 11, 2015.

          General Authority: SDCL 40-32-18(2).

          Law Implemented: SDCL 40-32-10.1.

 

          References: 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.

 


Rule 12:17:02:16 Drug residues -- Penalties.

          12:17:02:16.  Drug residues -- Penalties. 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.

          Source: 19 SDR 61, effective October 26, 1992; 25 SDR 85, effective December 20, 1998; 30 SDR 203, effective June 24, 2004.

          General Authority: SDCL 40-32-18(2).

          Law Implemented: SDCL 40-32-10.1.


Rule 12:17:02:17 Reinstatement of permit suspended for drug residues.

          12:17:02:17.  Reinstatement of permit suspended for drug residues. 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 the 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.

 

          Source: 19 SDR 61, effective October 26, 1992; 30 SDR 203, effective June 24, 2004; 43 SDR 85, effective December 12, 2016.

          General Authority: SDCL 40-32-18(3).

          Law Implemented: SDCL 40-32-10.1.

 


Rule 12:17:02:18 Pasteurization required.

          12:17:02:18.  Pasteurization required. 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.

 

          Source: 25 SDR 85, effective December 20, 1998; 30 SDR 203, effective June 24, 2004; 41 SDR 119, effective February 11, 2015.

          General Authority: SDCL 40-32-18(4).

          Law Implemented: SDCL 40-32-18(4).

 


CHAPTER 12:17:03

QUALITY REQUIREMENTS

Section

12:17:03:01        Basis.

12:17:03:02        Sight and odor.

12:17:03:03        Sediment content classification.

12:17:03:04        Method for sediment testing.

12:17:03:05        Frequency of sediment testing.

12:17:03:06        Repealed.

12:17:03:07        Sediment retests.

12:17:03:08        Repealed.

12:17:03:09        Bacterial limits.

12:17:03:10        Methods for bacteriological testing.

12:17:03:11        Frequency for bacteriological testing.

12:17:03:12        Repealed.

12:17:03:13        Repealed.

12:17:03:14        Rejected milk.

12:17:03:15        Reject milk to be tagged and colored.

12:17:03:16        Excluded milk.

12:17:03:17        New producer -- Milk tests required.

12:17:03:18        Change of milk plant -- Transfer procedure.

12:17:03:19        Repealed.

12:17:03:20        Producer record to be maintained by plant.

12:17:03:21        Disposition of abnormal milk.

12:17:03:22        Tests for somatic cell count.

12:17:03:22.01   Repealed.

12:17:03:22.02   Somatic cell limits.

12:17:03:23        Test for drug residue.

12:17:03:23.01   Monitoring of random sampling program for detecting drug residues.

12:17:03:24        Test for pesticides.


Rule 12:17:03:01 Basis.

          12:17:03:01.  Basis. 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 17th Edition of Standard Methods for the Examination of Dairy Products of the American Public Health Association and the 19th Edition of Official Methods of Analysis of the Association of Official Analytical Chemists. 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.

 

          Source: SL 1975, ch 16, § 1; 7 SDR 125, effective July 9, 1981; 12 SDR 102, effective December 25, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992; 25 SDR 85, effective December 20, 1998; 30 SDR 203, effective June 24, 2004; 32 SDR 203, effective June 6, 2006; 41 SDR 119, effective February 11, 2015.

          General Authority: SDCL 40-32-18(1).

          Law Implemented: SDCL 40-32-18(1).

 

          References: 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

 


Rule 12:17:03:02 Sight and odor.

          12:17:03:02.  Sight and odor. 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.

          Source: SL 1975, ch 16, § 1; 7 SDR 125, effective July 9, 1981; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority: SDCL 40-32-18(1).

          Law Implemented: SDCL 40-32-18(1).


Rule 12:17:03:03 Sediment content classification.

          12:17:03:03.  Sediment content classification. 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.

          Source: SL 1975, ch 16, § 1; 7 SDR 125, effective July 9, 1981; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992; 25 SDR 85, effective December 20, 1998.

          General Authority: SDCL 40-32-18(1).

          Law Implemented: SDCL 40-32-18(1).


Rule 12:17:03:04 Method for sediment testing.

          12:17:03:04.  Method for sediment testing. Methods for determining sediment content and classification of milk are as prescribed in Standard Methods.

 

          Source: SL 1975, ch 16, § 1; 12 SDR 102, effective December 25, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 25 SDR 85, effective December 20, 1998; 30 SDR 203, effective June 24, 2004; 32 SDR 203, effective June 6, 2006.

          General Authority: SDCL 40-32-18(1).

          Law Implemented: SDCL 40-32-18(1).

 

          Reference: 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.

 


Rule 12:17:03:05 Frequency of sediment testing.

          12:17:03:05.  Frequency of sediment testing. At least once each month, at irregular intervals, the milk from the bulk tank of each producer shall be tested for sediment.

          Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority: SDCL 40-32-18(1).

          Law Implemented: SDCL 40-32-18(1).


Rule 12:17:03:06 Repealed.

          12:17:03:06.  Acceptance or rejection of milk due to sediment.Repealed.

          Source: SL 1975, ch 16, § 1; 7 SDR 125, effective July 9, 1981; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 19 SDR 61, effective October 26, 1992.


Rule 12:17:03:07 Sediment retests.

          12:17:03:07.  Sediment retests. 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.

          Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992; 25 SDR 85, effective December 20, 1998.

          General Authority: SDCL 40-32-18(1).

          Law Implemented: SDCL 40-32-18(1).


Rule 12:17:03:08 Repealed.

          12:17:03:08.  Procedure of sediment retesting limited to ten days.Repealed.

          Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 19 SDR 61, effective October 26, 1992.


Rule 12:17:03:09 Bacterial limits.

          12:17:03:09.  Bacterial limits. Milk of individual producers may not exceed 500,000 bacteria per milliliter before commingling with other producers' milk.

          Source: SL 1975, ch 16, § 1; 7 SDR 125, effective July 9, 1981; 12 SDR 102, effective December 25, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992; 25 SDR 85, effective December 20, 1998.

          General Authority: SDCL 40-32-18(1).

          Law Implemented: SDCL 40-32-18(1).


Rule 12:17:03:10 Methods for bacteriological testing.

          12:17:03:10.  Methods for bacteriological testing. Methods for determining the bacterial estimate of milk are those prescribed in Standard Methods.

 

          Source: SL 1975, ch 16, § 1; 7 SDR 125, effective July 9, 1981; 12 SDR 102, effective December 25, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992; 25 SDR 85, effective December 20, 1998; 30 SDR 203, effective June 24, 2004; 32 SDR 203, effective June 6, 2006.

          General Authority: SDCL 40-32-18(2).

          Law Implemented: SDCL 40-32-18(2).

 

          Reference: 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.

 


Rule 12:17:03:11 Frequency for bacteriological testing.

          12:17:03:11.  Frequency for bacteriological testing. 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.

          Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992; 25 SDR 85, effective December 20, 1998.

          General Authority: SDCL 40-32-18(1).

          Law Implemented: SDCL 40-32-18(1).


Rule 12:17:03:12 Repealed.

          12:17:03:12.  Acceptance of milk.Repealed.

          Source: SL 1975, ch 16, § 1; 7 SDR 125, effective July 9, 1981; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 19 SDR 61, effective October 26, 1992.


Rule 12:17:03:13 Repealed.

          12:17:03:13.  Procedure of accepting undergrade milk limited to four weeks.Repealed.

          Source: SL 1975, ch 16, § 1; 7 SDR 125, effective July 9, 1981; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 19 SDR 61, effective October 26, 1992.


Rule 12:17:03:14 Rejected milk.

          12:17:03:14.  Rejected milk. 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.

          Source: SL 1975, ch 16, § 1; 7 SDR 125, effective July 9, 1981; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority: SDCL 40-32-18(1).

          Law Implemented: SDCL 40-32-18(1).


Rule 12:17:03:15 Reject milk to be tagged and colored.

          12:17:03:15.  Reject milk to be tagged and colored. All reject milk shall be identified with a reject tag and colored with food coloring.

          Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority: SDCL 40-32-18(1).

          Law Implemented: SDCL 40-32-20(1).


Rule 12:17:03:16 Excluded milk.

          12:17:03:16.  Excluded milk. 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.

          Source: SL 1975, ch 16, § 1; 7 SDR 125, effective July 9, 1981; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992; 25 SDR 85, effective December 20, 1998; 30 SDR 203, effective June 24, 2004.

          General Authority: SDCL 40-32-18(1).

          Law Implemented: SDCL 40-32-18(1).


Rule 12:17:03:17 New producer -- Milk tests required.

          12:17:03:17.  New producer -- Milk tests required. 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.

          Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992.

          General Authority: SDCL 40-32-18(1).

          Law Implemented: SDCL 40-32-18(1).


Rule 12:17:03:18 Change of milk plant -- Transfer procedure.

          12:17:03:18.  Change of milk plant -- Transfer procedure. 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.

          Source: SL 1975, ch 16, § 1; 7 SDR 125, effective July 9, 1981; 12 SDR 102, effective December 25, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992; 25 SDR 85, effective December 20, 1998.

          General Authority: SDCL 40-32-18(2).

          Law Implemented: SDCL 40-32-18(2).


Rule 12:17:03:19 Repealed.

          12:17:03:19.  Transfer of producer -- Milk to be examined by new buyer.Repealed.

          Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 19 SDR 61, effective October 26, 1992.


Rule 12:17:03:20 Producer record to be maintained by plant.

          12:17:03:20.  Producer record to be maintained by plant. 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.

          Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992.

          General Authority: SDCL 40-32-18(2).

          Law Implemented: SDCL 40-32-18(2).


Rule 12:17:03:21 Disposition of abnormal milk.

          12:17:03:21.  Disposition of abnormal milk. 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.

          Source: SL 1975, ch 16, § 1; 7 SDR 125, effective July 9, 1981; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority: SDCL 40-32-18(1).

          Law Implemented: SDCL 40-32-18(1).


Rule 12:17:03:22 Tests for somatic cell count.

          12:17:03:22.  Tests for somatic cell count. Tests for somatic cell count shall be performed as prescribed in Standard Methods at an officially designated laboratory once each month on a sample of herd milk from each producer and the results reported to the secretary.

 

          Source: SL 1975, ch 16, § 1; 7 SDR 125, effective July 9, 1981; 12 SDR 102, effective December 25, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992; 25 SDR 85, effective December 20, 1998; 30 SDR 203, effective June 24, 2004; 32 SDR 203, effective June 6, 2006.

          General Authority: SDCL 40-32-18(2).

          Law Implemented: SDCL 40-32-18(2).

 

          Reference: 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.

 


Rule 12:17:03:22.01 Repealed.

          12:17:03:22.01.  Procedures for correction of excessive somatic cell count.Repealed.

          Source: 7 SDR 125, effective July 9, 1981; 12 SDR 102, effective December 25, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992; repealed, 25 SDR 85, effective December 20, 1998.


Rule 12:17:03:22.02 Somatic cell limits.

          12:17:03:22.02.  Somatic cell limits. 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.

 

          Source: 25 SDR 85, effective December 20, 1998; 41 SDR 119, effective February 11, 2015.

          General Authority: SDCL 40-32-18(2).

          Law Implemented: SDCL 40-32-18(1).

 


Rule 12:17:03:23 Test for drug residue.

          12:17:03:23.  Test for drug residue. 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.

          Source: SL 1975, ch 16, § 1; 12 SDR 102, effective December 25, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992; 25 SDR 85, effective December 20, 1998.

          General Authority: SDCL 40-32-18(2).

          Law Implemented: SDCL 40-32-18(2).


Rule 12:17:03:23.01 Monitoring of random sampling program for detecting drug residues.

          12:17:03:23.01.  Monitoring of random sampling program for detecting drug residues. 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.

          Source: 19 SDR 61, effective October 26, 1992.

          General Authority: SDCL 40-32-18(2).

          Law Implemented: SDCL 40-32-18(2).


Rule 12:17:03:24 Test for pesticides.

          12:17:03:24.  Test for pesticides. 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).

          Source: 12 SDR 102, effective December 25, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992; 30 SDR 203, effective June 24, 2004.

          General Authority: SDCL 40-32-18(2).

          Law Implemented: SDCL 40-32-18(2).


Rule 12:17:04 FARM REQUIREMENTS

CHAPTER 12:17:04

FARM REQUIREMENTS

Section

12:17:04:01        General health of herd.

12:17:04:02        Tuberculin test -- Herd to be located in modified accredited area.

12:17:04:03        Brucellosis test -- Herd to be located in modified accredited area.

12:17:04:04        Milking facility and housing.

12:17:04:05        Protection when straining and transferring milk.

12:17:04:06        Yard or loafing area -- Size -- Drainage -- Cleanliness.

12:17:04:07        Preparation of cows before milking.

12:17:04:08        Cleanliness of milker.

12:17:04:09        Storage of milking equipment -- Prohibited actions during milking.

12:17:04:10        Cooling and storing of milk.

12:17:04:11        Milkroom to be provided.

12:17:04:12        Milkroom partitions, floors, drainage, and door openings.

12:17:04:13        Equipment required in milkroom.

12:17:04:14        Location of cooling tank -- Visual inspection.

12:17:04:15        Loading facilities -- Hose port and truck approach.

12:17:04:16        Utensils and equipment.

12:17:04:17        Water supply.

12:17:04:18        Sewage disposal.

12:17:04:19        Storage and labeling of medicinals and drugs.


Rule 12:17:04:01 General health of herd.

          12:17:04:01.  General health of herd. All animals in each herd subject to this article shall be maintained in a healthy condition.

          Source: SL 1975, ch 16, § 1; 7 SDR 125, effective July 9, 1981; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority: SDCL 40-32-18(4).

          Law Implemented: SDCL 40-32-18(4).


Rule 12:17:04:02 Tuberculin test -- Herd to be located in modified accredited area.

          12:17:04:02.  Tuberculin test -- Herd to be located in modified accredited areas. 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.

          Source: SL 1975, ch 16, § 1; 7 SDR 125, effective July 9, 1981; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992.

          General Authority: SDCL 40-32-18(4).

          Law Implemented: SDCL 40-32-18(4).


Rule 12:17:04:03 Brucellosis test -- Herd to be located in modified accredited area.

          12:17:04:03.  Brucellosis test -- Herd to be located in modified accredited area. 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.

          Source: SL 1975, ch 16, § 1; 7 SDR 125, effective July 9, 1981; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority: SDCL 40-32-18(4).

          Law Implemented: SDCL 40-32-18(4).


Rule 12:17:04:04 Milking facility and housing.

          12:17:04:04.  Milking facility and housing. 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.

          Source: SL 1975, ch 16, § 1; 7 SDR 125, effective July 9, 1981; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992.

          General Authority: SDCL 40-32-18(5).

          Law Implemented: SDCL 40-32-18(5).


Rule 12:17:04:05 Protection when straining and transferring milk.

          12:17:04:05.  Protection when straining and transferring milk. 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.

          Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992.

          General Authority: SDCL 40-32-18(5).

          Law Implemented: SDCL 40-32-18(5).


Rule 12:17:04:06 Yard or loafing area -- Size -- Drainage -- Cleanliness.

          12:17:04:06.  Yard or loafing area -- Size -- Drainage -- Cleanliness. 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.

          Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority: SDCL 40-32-18(5).

          Law Implemented: SDCL 40-32-18(5).


Rule 12:17:04:07 Preparation of cows before milking.

          12:17:04:07.  Preparation of cows before milking. The udders and flanks of all milking cows must be kept clean. The teats must be sanitized and wiped dry immediately before milking.

          Source: SL 1975, ch 16, § 1; 7 SDR 125, effective July 9, 1981; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992.

          General Authority: SDCL 40-32-18(5).

          Law Implemented: SDCL 40-32-18(5).


Rule 12:17:04:08 Cleanliness of milker.

          12:17:04:08.  Cleanliness of milker. 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 or handle milk, milk containers, utensils, or equipment.

          Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority: SDCL 40-32-18(5).

          Law Implemented: SDCL 40-32-18(5).


Rule 12:17:04:09 Storage of milking equipment -- Prohibited actions during milking.

          12:17:04:09.  Storage of milking equipment -- Prohibited actions during milking. 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.

          Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992.

          General Authority: SDCL 40-32-18(5).

          Law Implemented: SDCL 40-32-18(5).


Rule 12:17:04:10 Cooling and storing of milk.

          12:17:04:10.  Cooling and storing of milk. Milk in farm bulk tanks must be cooled to forty-five degrees Fahrenheit or lower within two hours after milking. The blend temperature after the first milking and subsequent milkings may not exceed 50 degrees Fahrenheit. Each bulk tank must be equipped with a thermometer that is in good working condition. The cooling and storing of milk in cans or other containers is prohibited.

          Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992; 25 SDR 85, effective December 20, 1998.

          General Authority: SDCL 40-32-18(5).

          Law Implemented: SDCL 40-32-18(5).


Rule 12:17:04:11 Milkroom to be provided.

          12:17:04:11.  Milkroom to be provided. 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.

          Source: SL 1975, ch 16, § 1; 7 SDR 125, effective July 9, 1981; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992.

          General Authority: SDCL 40-32-18(5).

          Law Implemented: SDCL 40-32-18(5).


Rule 12:17:04:12 Milkroom partitions, floors, drainage, and door openings.

          12:17:04:12.  Milkroom partitions, floors, drainage, and door openings. 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.

          Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992.

          General Authority: SDCL 40-32-18(5).

          Law Implemented: SDCL 40-32-18(5).


Rule 12:17:04:13 Equipment required in milkroom.

          12:17:04:13.  Equipment required in milkroom. 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.

          Source: SL 1975, ch 16, § 1; 7 SDR 125, effective July 9, 1981; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992.

          General Authority: SDCL 40-32-18(5).

          Law Implemented: SDCL 40-32-18(5).


Rule 12:17:04:14 Location of cooling tank -- Visual inspection.

          12:17:04:14.  Location of cooling tank -- Visual inspection. The location of a farm bulk tank 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.

          Source: SL 1975, ch 16, § 1; 12 SDR 102, effective December 25, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992.

          General Authority: SDCL 40-32-18(5).

          Law Implemented: SDCL 40-32-18(5).


Rule 12:17:04:15 Loading facilities -- Hose port and truck approach.

          12:17:04:15.  Loading facilities -- Hose port and truck approach. The milkroom must have a convenient and accessible hose port opening in the wall for the transfer of milk from the bulk tank to the transport tank. The hose port must be fitted with a tight cover. The truck approach to the milkroom must be easily accessible and must be graded and surfaced to prevent mud, collection of manure, and pooling of water. A slab of concrete or other impervious material not less than four feet by six feet must be centrally located adjacent to and below the outside hose port opening. The hose port area must be kept clean and free of litter. The truck approach at new permitted facilities may not be through a yard, walkway, or holding area where cattle can congregate.

          Source: SL 1975, ch 16, § 1; 7 SDR 125, effective July 9, 1981; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992; 25 SDR 85, effective December 20, 1998.

          General Authority: SDCL 40-32-18(5).

          Law Implemented: SDCL 40-32-18(5).


Rule 12:17:04:16 Utensils and equipment.

          12:17:04:16.  Utensils and equipment. Utensils and equipment used in the handling of milk must be constructed and maintained as follows:

 

          (1)  Utensils, milking machines, pipeline systems, farm bulk tanks, and other equipment used in the handling of milk must be maintained in good condition; free from rust, open seams, milkstone, or any unsanitary conditions; washed, rinsed, and drained after each milking; stored in suitable facilities; and sanitized immediately before use with at least 50 parts per million chlorine solution or its equivalent. All new utensils and equipment must comply with Sanitary Standards (November 21, 1999);

 

          (2)  Single-service articles, such as strainer pads, parchment papers, gaskets, and similar items, must be stored in a cabinet and protected against contamination. Single-service articles may not be reused.

 

          Source: SL 1975, ch 16, § 1; 7 SDR 125, effective July 9, 1981; 12 SDR 102, effective December 25, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992; 30 SDR 203, effective June 24, 2004; 32 SDR 203, effective June 6, 2006.

          General Authority: SDCL 40-32-18(5).

          Law Implemented: SDCL 40-32-18(5).

 

          Reference: 3-A Sanitary Standards and Accepted Practices, November 21, 1999, formulated by the Dairy Industry Committee, International Association of Milk, Food and Environmental Sanitarians, U.S. Public Health Service, U.S. Department of Agriculture, Dairy and Food Industries Supply Association, and Poultry and Egg Institute of America. Published by the Journal of Food Protection. Copies may be obtained from the International Association of Milk, Food and Environmental Sanitarians, Box 701, Ames, Iowa 50010.

 


Rule 12:17:04:17 Water supply.

          12:17:04:17.  Water supply. The dairy farm water supply must be safe, clean, and ample for the cleaning of dairy utensils and equipment. The water supply must meet the bacteriological standards established by the department of environment and natural resources and the standards for potable water supply systems of the state plumbing code.

          Milk buyers shall provide water sample analysis of water supplies from each producer selling manufactured grade milk. Tests of water samples shall be made once every three years on water supply systems that meet the state plumbing code for construction and location. These samples shall be taken under the direction of the secretary and tested at an officially designated laboratory. The expense of these tests is the responsibility of the milk buyer. If an existing water supply on a manufacturing grade dairy farm does not comply with the state plumbing code for location and construction, the supply may be used if the water supply is tested annually by an officially designated laboratory and found to be safe and sanitary.

          If at any time two successive samples fail to meet the requirements of the Department of Environment and Natural Resources for drinking water, the permit of that producer shall be suspended until the producer can provide a water sample that is safe.

          Source: SL 1975, ch 16, § 1; 12 SDR 102, effective December 25, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992; 25 SDR 85, effective December 20, 1998.

          General Authority: SDCL 40-32-18(5).

          Law Implemented: SDCL 40-32-18(5).

          Cross-References: Drinking water standards, ch 74:04:05; State plumbing code, art 20:54.


Rule 12:17:04:18 Sewage disposal.

          12:17:04:18.  Sewage disposal. Milkroom and toilet wastes shall be disposed of in a manner that does not pollute the soil surface or contaminate any water supply and is not exposed to insects. The disposal systems must comply with article 74:03.

          Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992.

          General Authority: SDCL 40-32-18(5).

          Law Implemented: SDCL 40-32-18(5).


Rule 12:17:04:19 Storage and labeling of medicinals and drugs.

          12:17:04:19.  Storage and labeling of medicinals and drugs. Drugs and medicinals must be stored in a manner that prevents contamination of the milk or the portions of the equipment, containers, or utensils that come in contact with milk. Such products must be labeled to include the following:

          (1)  The name and address of the manufacturer or distributor, for over-the-counter medicinals or drugs, or the veterinary practitioner dispensing the product for prescription and extra-label-use medicinals or drugs;

          (2)  Directions for use;

          (3)  The prescribed withholding times;

          (4)  Cautionary statements, if needed; and

          (5)  The active ingredient of the product must be identified on the package or on the label.

          Unapproved or improperly labeled medicinals or drugs may not be used to treat dairy animals and may not be stored in the milkhouse, milking barn, stable, or parlor. Medicinals or drugs intended for treatment of nonlactating dairy animals must be segregated from those medicinals or drugs used for lactating animals. Separate shelves in cabinets, refrigerators, or other storage facilities satisfies this requirement.

          Source: 19 SDR 61, effective October 26, 1992; 25 SDR 85, effective December 20, 1998.

          General Authority: SDCL 40-32-18(5).

          Law Implemented: SDCL 40-32-18(5).

          Cross-Reference: Pesticide usage restrictions, § 12:56:11:01.


Rule 12:17:05 MILK SAMPLING AND TESTING

CHAPTER 12:17:05

MILK SAMPLING AND TESTING

Section

12:17:05:01        Composite or fresh milk sampling required.

12:17:05:02        Sampling procedures.

12:17:05:03        Methods for testing fat in milk.

12:17:05:04        Future dairy farms and milk plants.


Rule 12:17:05:01 Composite or fresh milk sampling required.

          12:17:05:01.  Composite or fresh milk sampling required. Each delivery of milk offered for sale from a producer must be sampled by the milk buyer, licensed hauler/grader, or licensed fieldman by composite or fresh milk sampling in accordance with one of the following methods:

          (1)  Composite samples shall be built by transferring at least ten milliliters of milk from each daily delivery into a composite container. When deliveries are not made daily, aliquot samples of sufficient quantity shall be taken from each delivery so that the resulting composite sample is at least four ounces. A composite sample of milk may not represent more than 16 days' production. Each composite sample shall be held for five days after testing; or

          (2)  Fresh milk samples must be of sufficient volume to permit a retest, but they may not be less than two ounces. The interval between sample collections may not be less than three days, and the samples shall be held for not less than two days after being tested. If the fresh milk sampling method of testing is used, the arithmetical average of three or more test results during a test period consisting of not more than 16 days or the average of four or more test results during a period consisting of not more than one month shall be adjusted to the nearest .1 percent. The results are the milk fat test for that period.

          Source: SL 1975, ch 16, §  1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992.

          General Authority: SDCL 40-32-18(2).

          Law Implemented: SDCL 40-32-11, 40-32-13.


Rule 12:17:05:02 Sampling procedures.

          12:17:05:02.  Sampling procedures. All milk samples taken under this article for any purpose shall be taken by the procedure prescribed in Standard Methods.

 

          Source: SL 1975, ch 16, § 1; 12 SDR 102, effective December 25, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 25 SDR 85, effective December 20, 1998; 32 SDR 203, effective June 6, 2006

          General Authority: SDCL 40-32-18(2).

          Law Implemented: SDCL 40-32-11, 40-32-13.

 

          Reference: 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.

 


Rule 12:17:05:03 Methods for testing fat in milk.

          12:17:05:03.  Methods for testing fat in milk. Milk samples taken in accordance with § 12:17:05:01 shall be tested to determine the milk fat content by the Babcock test method as prescribed in chapter 15 of the Standard Methods or by any other equivalent method approved by the secretary.

 

          Source: SL 1975, ch 16, § 1; 7 SDR 125, effective July 9, 1981; 12 SDR 102, effective December 25, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 25 SDR 85, effective December 20, 1998; 32 SDR 203, effective June 6, 2006; 41 SDR 119, effective February 11, 2015.

          General Authority: SDCL 40-32-18(2).

          Law Implemented: SDCL 40-32-11, 40-32-13.

 

          Reference: 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.

 


Rule 12:17:05:04 Future dairy farms and milk plants.

          12:17:05:04.  Future dairy farms and milk plants. Plans for the construction of all milkhouses, milking barns, stables, parlors, transfer stations, receiving stations, and milk plants regulated under this article which are to be constructed, reconstructed, or extensively altered shall be submitted to the secretary for written approval before construction is begun.

          Source: 12 SDR 102, effective December 25, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority: SDCL 40-32-18(5),(6).

          Law Implemented: SDCL 40-32-18(4),(5),(6),(9)


Rule 12:17:06 LICENSED DAIRY PLANTS

CHAPTER 12:17:06

LICENSED DAIRY PLANTS

Section

12:17:06:01        Requirements for licensed dairy plants.

12:17:06:02        Labeling and packaging of milk and milk products.

12:17:06:03        Quality specifications for raw materials.


Rule 12:17:06:01 Requirements for licensed dairy plants.

          12:17:06:01.  Requirements for licensed dairy plants. Licensed manufacturing grade dairy plants shall meet the requirements set forth in General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service effective August 28, 2002, except for §§ 58.122, 58.123, 58.124, 58.133 to 58.138, 58.155 to 58.158, 58.232 to 58.234, and 58.505 to 58.530, inclusive. The department shall also use the current issue of the U.S. Department of Agriculture's DA Instruction 918-PS, Instructions for Dairy Plant Surveys, and USDA guidelines for the sanitary design and fabrication of dairy processing equipment when conducting plant inspections.

          Source: SL 1975, ch 16, § 1; 7 SDR 125, effective July 9, 1981; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992; 25 SDR 85, effective December 20, 1998; 30 SDR 203, effective June 24, 2004.

          General Authority: SDCL 40-32-18(4)(5)(6)(7).

          Law Implemented: SDCL 40-32-18(4)(5)(6)(7).

          References: General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service, effective August 28, 2002. Copies may be obtained from the U.S. Department of Agriculture, Agricultural Marketing Services-Dairy Division, Washington, DC 20090.

          DA Instruction 918-PS, Instructions for Dairy Plant Surveys, current issue, published by the Agricultural Marketing Service/Dairy Division/Dairy Grading Branch, U.S. Department of Agriculture, Washington, DC 20090.


Rule 12:17:06:02 Labeling and packaging of milk and milk products.

          12:17:06:02.  Labeling and packaging of milk and milk products. Milk and milk products must be labeled and packaged in accordance with the Federal Food, Drug, and Cosmetic Act, as amended to July 1, 1998, and the Nutrition Labeling and Education Act of 1990, as amended to July 1, 1998.

          Source: 19 SDR 61, effective October 26, 1992; 25 SDR 85, effective December 20, 1998.

          General Authority: SDCL 40-32-18(7).

          Law Implemented: SDCL 40-32-18(7).


Rule 12:17:06:03 Quality specifications for raw materials.

          12:17:06:03. Quality specifications for raw materials. Raw materials must meet the following quality specifications:

 

          (1)  Raw milk must meet the requirements in §§ 12:17:03:01 to 12:17:03:24, inclusive. Raw milk must be cooled to and held at a temperature of 45 degrees Fahrenheit or lower until processed. The bacteria count limit for commingled raw milk is 1,000,000 per milliliter;

 

          (2)  Skim milk must be separated from whole milk which meets the requirements in §§ 12:17:03:01 to 12:17:03:24, inclusive. Unless skim milk is processed immediately, it must be cooled to and maintained at a temperature of 45 degrees Fahrenheit or lower from the time of separating until the time of processing;

 

          (3)  Buttermilk for drying must be fresh, sweet, and from the churning of sweet cream butter, with or without the addition of harmless lactic culture. No neutralizing agent or chemical preservative may be added. Fluid buttermilk, unless cultured, must be held at 45 degrees Fahrenheit or lower unless processed within two hours; and

 

          (4)  Whey for processing must be fresh and must originate from the processing of products made from milk which meets the requirements in §§ 12:17:03:01 to 12:17:03:24. Only those ingredients approved by the food and drug administration 21 C.F.R. parts 182 to 184 (April 1, 1994) substances generally as safe may be added to the whey for processing. Whey products to which approved ingredients have been added or constituents removed to alter original characteristics for processing or use must be labeled.

 

          Source: 19 SDR 61, effective October 26, 1992; 25 SDR 85, effective December 20, 1998; 32 SDR 203, effective June 6, 2006.

          General Authority: SDCL 40-32-18(3).

          Law Implemented: SDCL 40-32-18(3).

 


Rule 12:17:07 MANUFACTURED GRADE DAIRY PRODUCTS

CHAPTER 12:17:07

MANUFACTURED GRADE DAIRY PRODUCTS

Section

12:17:07:01        Manufactured grade dairy products.


Rule 12:17:07:01 Manufactured grade dairy products.

          12:17:07:01.  Manufactured grade dairy products. Cheeses, processed cheeses, cheese foods, cheese spreads, nonfat dry milk, evaporated milk, ice cream, sherbet, goat milk ice cream, dry whey, whey, and related foods manufactured, sold, or offered for sale must meet the standards in 21 C.F.R. §§ 130.3 to 135.160, and 184.1979 to 184.1979c, inclusive (April 1, 1994).

 

          Source: SL 1975, ch 16, § 1; 7 SDR 125, effective July 9, 1981; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992; 25 SDR 85, effective December 20, 1998; 32 SDR 203, effective June 6, 2006.

          General Authority: SDCL 40-32-18(3).

          Law Implemented: SDCL 40-32-18(3).

 


Rule 12:17:08 CREAM PURCHASING REQUIREMENTS

CHAPTER 12:17:08

CREAM PURCHASING REQUIREMENTS

(Repealed. 19 SDR 61, effective October 26, 1992)


Rule 12:17:09 REQUIREMENTS FOR CREAM STATIONS

CHAPTER 12:17:09

REQUIREMENTS FOR CREAM STATIONS

(Repealed. 19 SDR 61, effective October 26, 1992)


Rule 12:17:10 REQUIREMENTS FOR LIGHT BUTTER

CHAPTER 12:17:10

REQUIREMENTS FOR LIGHT BUTTER

Section

12:17:10:01        Milkfat content of light butter.

12:17:10:02        Vitamin "A" required.

12:17:10:03        Optional ingredients.

12:17:10:04        Repealed.


Rule 12:17:10:01 Milkfat content of light butter.

          12:17:10:01.  Milkfat content of light butter. The milkfat content of light butter shall be no more than 52 percent butterfat.

          Source: 17 SDR 204, effective July 8, 1991.

          General Authority: SDCL 40-32-18.

          Law Implemented: SDCL 40-32-18.


Rule 12:17:10:02 Vitamin "A" required.

          12:17:10:02.  Vitamin "A" required. Vitamin A must be added to light butter to provide 15,000 international units per pound.

          Source: 17 SDR 204, effective July 8, 1991.

          General Authority: SDCL 40-32-18.

          Law Implemented: SDCL 40-32-18.


Rule 12:17:10:03 Optional ingredients.

          12:17:10:03.  Optional ingredients. Light butter may contain the following optional ingredients:

          (1)  Water;

          (2)  Salt or salt substitutes;

          (3)  Bacterial cultures;

          (4)  Nutritive sweeteners;

          (5)  Emulsifiers and stabilizers;

          (6)Color additives;

          (7)  Natural flavors; and

          (8)  Ingredients that improve texture, prevent syneresis, or extend the shelf life of the product.

          Source: 17 SDR 204, effective July 8, 1991.

          General Authority: SDCL 40-32-18.

          Law Implemented: SDCL 40-32-18.


Rule 12:17:10:04 Repealed.

          12:17:10:04.  Label declaration. Repealed.

 

          Source: 7 SDR 204, effective July 8, 1991; repealed, 25 SDR 85, effective December 20, 1998.


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