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39-6 MILK AND MILK PRODUCT GRADES AND STANDARDS
CHAPTER 39-6

MILK AND MILK PRODUCT GRADES AND STANDARDS

39-6-1      Definition of terms.
39-6-2      Sale of packaged or dispenser milk below Grade A or raw milk without license and permit as misdemeanor.
39-6-3      Sale of raw milk at place where milk produced permitted.
39-6-3.1      License and permit required to sell raw milk for human consumption.
39-6-4      Repealed.
39-6-5      Repealed.
39-6-6      Repealed.
39-6-7, 39-6-8. Repealed.
39-6-9      Promulgation of rules.
39-6-10      Permit for importation of Grade A products--Standards required--Suspension or revocation.
39-6-10.1      Repealed.
39-6-11      Inspectors for Grade A premises and plants--Assistance to producers and processors.
39-6-12      Field service provided by processor to assist producers and supervise processing.
39-6-13      Processor field service permit--Determination of qualifications.
39-6-14      Processor field service permit not transferable--Revocation--Notice and hearing.
39-6-15      Grounds for suspension and revocation of permit--Opportunity for hearing before revocation.
39-6-16      Hearing required before revocation of permit--Suspension pending hearing--Stop-sale order in lieu of suspension.
39-6-17 to 39-6-19. Repealed.
39-6-20      Sale of substandard products prohibited.
39-6-21, 39-6-22. Repealed.


39-6-1 Definition of terms.
     39-6-1.   Definition of terms. Terms used in this chapter mean:
             (1)      "Department," the Department of Agriculture;
             (2)      "Grade A milk," milk produced in accordance with the standards set forth in regulations promulgated pursuant to the authority granted in § 39-6-9 and that is not subject to the requirements for manufacturing grade milk or raw milk for human consumption;
             (3)      "Manufacturing grade milk," any milk or milk product that is produced for processing and manufacturing into products for human consumption in accordance with the standards set by rules promulgated pursuant to the authority granted in §§ 39-6-9 and 40-32-18 and that is not subject to the requirements for Grade A milk or raw milk for human consumption;
             (4)      "Milk," the lacteal secretion, practically free from colostrum, obtained by the milking of one or more healthy cows, that contains not less than eight and one-fourth percent solids-not-fat and not less than three and one-fourth percent milk fat;
             (5)      "Milk case" or "dairy case," any wire or plastic case or container that holds sixteen quarts or more of milk or milk products and is used by restaurants, retailers, or their agents as a means to transport, store, or carry milk or milk products;
             (6)      "Raw milk for human consumption," the lacteal secretion, practically free from colostrum, obtained by the milking of one or more healthy cows, goats, sheep, or other hooved mammals that has not been pasteurized or homogenized and is packaged for human consumption. The term also includes raw cream intended for human consumption;
             (7)      "Secretary," the secretary of agriculture.

Source: SL 1955, ch 67, § 1; SDC Supp 1960, § 4.2001; SL 1963, ch 7; SL 1991, ch 330, § 1; SL 2015, ch 207, § 1.


39-6-2 Sale of packaged or dispenser milk below Grade A or raw milk without license and permit as...
     39-6-2.   Sale of packaged or dispenser milk below Grade A or raw milk without license and permit as misdemeanor. It is a Class 2 misdemeanor to sell bottled, cartoned, or dispenser milk for human consumption other than Grade A milk or raw milk for human consumption from a producer who meets the requirements of § 39-6-3.1.

Source: SL 1955, ch 74, § 1; SL 1957, ch 94; SDC Supp 1960, § 4.2008; SL 1977, ch 190, § 366; SL 2015, ch 207, § 2.


39-6-3 Sale of raw milk at place where milk produced permitted.
     39-6-3.   Sale of raw milk at place where milk produced permitted. Raw milk for human consumption may be secured or purchased for personal use by any consumer at the place or farm where the milk is produced and the milk may be delivered directly to the consumer by the producer. No raw milk for human consumption may be purchased at a farmers' market or farmer owned retail store that is not located at the place or farm where the milk is produced.

Source: SL 1955, ch 74, § 1; SL 1957, ch 94; SDC Supp 1960, § 4.2008; SL 1977, ch 190, § 367; SL 2010, ch 205, § 1; SL 2015, ch 207, § 3.


39-6-3.1 License and permit required to sell raw milk for human consumption.
     39-6-3.1.   License and permit required to sell raw milk for human consumption. Any producer of milk who is selling raw milk for human consumption directly to the consumer shall obtain a license pursuant to the provisions of § 40-32-4 and a permit pursuant to the provisions of § 40-32-10.1.

Source: SL 2015, ch 207, § 4.


39-6-4
     39-6-4.   Repealed by SL 1977, ch 190, § 368


39-6-5
     39-6-5.   Repealed by SL 1986, ch 326, § 60


39-6-6
     39-6-6.   Repealed by SL 2009, ch 201, § 2.


39-6-7
     39-6-7, 39-6-8.   Repealed by SL 2010, ch 205, §§ 2, 3.


39-6-9 Promulgation of rules.
     39-6-9.   Promulgation of rules. The secretary of agriculture may promulgate rules for Grade A milk and milk products, manufacturing grade milk, and raw milk for human consumption, pursuant to chapter 1-26, relative to:
             (1)      Standards for adulterated or misbranded milk;
             (2)      Permits to produce or process;
             (3)      Labeling and packaging;
             (4)      Inspections of dairy farms and plants;
             (5)      Examinations of milk and milk products;
             (6)      Animal health requirements;
             (7)      Container usage;
             (8)      Uninspected milk;
             (9)      Farm and plant construction;
             (10)      Personal health standards;
             (11)      Sanitation standards;
             (12)      Production, processing, and distribution standards for Grade A pasteurized milk, fluid milk products, Grade A raw milk for pasteurization, manufacturing grade milk, and raw milk for human consumption;
             (13)      Procedures for certification of interstate milk shippers;
             (14)      Methods of making sanitation ratings of milk supplies; and
             (15)      Customer records.

Source: SL 1955, ch 67, § 3; SDC Supp 1960, § 4.2003; SL 1963, ch 8; SL 1986, ch 326, § 61; SL 1989, ch 348; SL 2015, ch 207, § 5.


39-6-10 Permit for importation of Grade A products--Standards required--Suspension or revocation.
     39-6-10.   Permit for importation of Grade A products--Standards required--Suspension or revocation. The Department of Agriculture may, for the purpose of assuring the people of this state a continuous and adequate supply of wholesome and nutritious fluid milk or milk products labeled Grade A, permit the entry of such milk or milk products into this state after the department has determined that the inspection at point of origin, the required standards and enforcement thereof, and the quality of the milk or products are equal to the requirements in this state. Upon determining that the foregoing conditions are satisfactory, the department shall issue a permit. Such permit may be suspended or revoked as provided in §§ 39-6-15 and 39-6-16.

Source: SL 1955, ch 67, § 6; SDC Supp 1960, § 4.2006.


39-6-10.1
     39-6-10.1.   Repealed by SL 2010, ch 205, § 4.


39-6-11 Inspectors for Grade A premises and plants--Assistance to producers and processors.
     39-6-11.   Inspectors for Grade A premises and plants--Assistance to producers and processors. The secretary of agriculture shall provide an adequate inspection force of trained and qualified persons for the inspection of milk, milk products, and the premises and plants where milk and milk products are produced, handled, and processed. Such inspectors shall acquaint the producers and processors with the requirements necessary to bring farm and plants to the state of compliance which will qualify their products for a Grade A label.

Source: SL 1955, ch 67, § 4; SDC Supp 1960, § 4.2004; SL 1985, ch 15, § 52.


39-6-12 Field service provided by processor to assist producers and supervise processing.
     39-6-12.   Field service provided by processor to assist producers and supervise processing. Each processor shall provide adequate and continuous field service to assist the producers who sell their milk to the processor's plant and to supervise the operations within the processing plant to attain and maintain compliance with Grade A requirements.

Source: SL 1955, ch 67, § 4; SDC Supp 1960, § 4.2004; SL 2010, ch 205, § 5.


39-6-13 Processor field service permit--Determination of qualifications.
     39-6-13.   Processor field service permit--Determination of qualifications. Any person performing the field service for a Grade A processor of milk or milk products shall first obtain a permit therefor from the secretary of agriculture by application on a form provided by the secretary. The secretary shall determine that the applicant is competent and qualified before issuing said permit.

Source: SL 1955, ch 67, § 4; SDC Supp 1960, § 4.2004.


39-6-14 Processor field service permit not transferable--Revocation--Notice and hearing.
     39-6-14.   Processor field service permit not transferable--Revocation--Notice and hearing. The permit issued to a person performing field service for a Grade A processor shall not be transferable and may be revoked for due cause after the holder of the permit has been given an opportunity for a hearing, in which the holder of the permit shall be given a notice in writing of the time and place of such hearing and at least seven days before the date of such hearing.

Source: SL 1955, ch 67, § 4; SDC Supp 1960, § 4.2004.


39-6-15 Grounds for suspension and revocation of permit--Opportunity for hearing before revocation...
     39-6-15.   Grounds for suspension and revocation of permit--Opportunity for hearing before revocation. A permit issued pursuant to § 39-6-10 may be suspended by the secretary of agriculture or his duly qualified agent or agents upon failure by the holder of the permit to comply with any of the terms of state law and regulation or for interference with inspection, and may be revoked by the secretary for due cause after the holder of the permit has been given the opportunity for a hearing before the secretary. The secretary shall, upon request of the holder of a permit, fix the time and place of such hearing.

Source: SL 1955, ch 67, § 7; SDC Supp 1960, § 4.2007; SL 1965, ch 7.


39-6-16 Hearing required before revocation of permit--Suspension pending hearing--Stop-sale order ...
     39-6-16.   Hearing required before revocation of permit--Suspension pending hearing--Stop-sale order in lieu of suspension. No permit shall be revoked prior to the hearing provided in § 39-6-15, but a permit may be suspended prior to such time and said suspension shall be in full force and effect until the hearing at which time the secretary of agriculture shall make his final determination; however, in lieu of suspending the permit the secretary or his duly authorized agent may place a stop-sale order upon a single pasteurized product which does not meet the minimum standards fixed for such product.

Source: SL 1955, ch 67, § 7; SDC Supp 1960, § 4.2007; SL 1965, ch 7.


39-6-17
     39-6-17 to 39-6-19.   Repealed by SL 2010, ch 205, §§ 6 to 8.


39-6-20 Sale of substandard products prohibited.
     39-6-20.   Sale of substandard products prohibited. It is a violation for any person to sell, offer, or expose for sale, any milk or milk products labeled Grade A, unless the milk or milk products have been produced and processed in accordance with the requirements of §§ 39-6-9 to 39-6-16, inclusive, and the rules promulgated by the secretary of agriculture in respect thereto.

Source: SL 1943, ch 9, § 15; SL 1955, ch 67, § 8; SDC Supp 1960, §§ 4.9912, 4.9918; SL 1977, ch 190, § 369; SL 2009, ch 201, § 1; SL 2010, ch 205, § 9.


39-6-21
     39-6-21, 39-6-22.   Repealed by SL 2010, ch 205, §§ 10, 11.


Title 39

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