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40-32 MILK PLANTS, PRODUCERS, AND DISTRIBUTORS
CHAPTER 40-32

MILK PLANTS, PRODUCERS, AND DISTRIBUTORS

40-32-1      Purpose of chapter.
40-32-2      Definition of terms.
40-32-3      Exemption of charitable, public, and educational institutions not producing for sale.
40-32-4      License required for milk plants, transporters, stations, distributors, and persons buying or selling milk products.
40-32-5      License fees.
40-32-6      Milk plant license--Contents--Posting.
40-32-7      Transfer of plant licenses restricted.
40-32-8      Annual expiration of license.
40-32-9      Suspension of license for failure to comply with law.
40-32-10      Revocation or suspension of plant license for violations--Notice and opportunity to defend.
40-32-10.1      Producer's permit required.
40-32-10.2      Issuance of producer's permit--Compliance with rules and regulations.
40-32-10.3      Renewal of producer's permit not required--Transfer of permits.
40-32-10.4      Suspension of producer's license or permit--Grounds--Sanctions--Court action.
40-32-10.5      Revocation of producer's permit--Hearing required--Suspension prior to hearing.
40-32-10.6      Dairy fieldman's service provided by plant.
40-32-10.7      Dairy fieldman's license required--Application and fee--Expiration.
40-32-10.8      Dairy fieldman's assistance in reinstatement of producer's permit--Exclusive authority of secretary to suspend permit.
40-32-10.9      Revocation of dairy fieldman's license--Hearing required.
40-32-11      Tester and grader to be maintained in dairy products plant--License required.
40-32-12      Application for tester and grader's license--Fee--Examination of applicant.
40-32-13      Licenses for sampling and grading.
40-32-14      Issuance of tester and grader's license or sampling and grading license--Duration.
40-32-15      License withheld from applicant not meeting requirements.
40-32-16      Posting of tester and grader's license.
40-32-17      Suspension or revocation of tester and grader's or sampler and grader's license--Violation as ground for revocation.
40-32-18      Promulgation of rules.
40-32-19      Repealed.
40-32-20      Coloring matter mixed with products unfit for human consumption--Failure to comply as misdemeanor.
40-32-21      Exemption of operations otherwise regulated.
40-32-22      Records and reports to secretary.
40-32-23      Access of department to premises, vehicles, and records--Taking of samples.
40-32-24      Repealed.
40-32-25      Inspection service fee for each dairy farm--Raw milk assessment fee.
40-32-26      Reinspection fee--When assessed.
40-32-27      Inspection fee for milk plants.
40-32-28      Penalty for delinquent payments.
40-32-29      Dairy inspection fund established--Expenditures.
40-32-30      Repealed.
40-32-31      Cooperation with secretary required--Refusal as misdemeanor.
40-32-32      Assistance of police in inspection.
40-32-33      Contraband.


40-32-34      Seizure or quarantine of contraband--Tagging--Violation as misdemeanor.
40-32-35      Petition for condemnation of contraband--Hearing--Disposal of contraband.


40-32-1 Purpose of chapter.
     40-32-1.   Purpose of chapter. The purpose of this chapter is to protect the public health by securing the wholesomeness and purity of milk and milk products, and to prevent fraud and deception in the purchase, manufacture, and sale of milk and milk products.

Source: SL 1957, ch 92, § 1; SDC Supp 1960, § 4.1901.


40-32-2 Definition of terms.
     40-32-2.   Definition of terms. Terms as used in this chapter, mean:
             (1)      "Bulk milk pick-up tanker," any vehicle, including the truck, tank, and those appurtenances necessary for the tank's use, used by a bulk milk hauler or sampler to transport bulk raw milk for pasteurization from a dairy farm to a milk plant, receiving station, or transfer station;
             (2)      "Dairy farm," any place or premise where one or more cows, sheep, or goats are kept and from which a part or all of the milk or milk products are produced and sold, or offered for sale to a milk plant;
             (3)      "Dairy fieldman," a person employed by the milk plant to determine if a producer is maintaining satisfactory production requirements in accordance with this chapter and the rules promulgated pursuant to this chapter;
             (4)      "Department," the Department of Agriculture;
             (5)      "Grade A," any milk or milk product that complies with the standards set forth in any rules promulgated pursuant to § 39-6-9;
             (6)      "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 of Grade A milk or raw milk for human consumption;
             (7)      "Marketing organization," an entity established for the purpose of procuring farm produced milk and offering for sale that milk to a milk plant, receiving station, or transfer station;
             (8)      "Milk distributor," any person who purchases milk or any milk product and transports the milk or milk product to a retail dealer or a consumer;
             (9)      "Milk plant," any place where milk or a milk product is delivered or processed for commercial purposes;
             (10)      "Milk product," any product formulated by the addition of milk or a product derived from more than fifty percent milk if the milk or the product derived from more than fifty percent milk is greater than fifty percent of the product by weight or volume;
             (11)      "Milk transport tank," any vehicle, including the truck and tank, used by a bulk milk hauler or sampler to transport bulk shipments of milk and any milk product, from a milk plant, receiving station, or transfer station to another milk plant, receiving station, or transfer station;
             (12)      "Pasteurization," the process of heating every particle of milk or milk product in properly designed and operated equipment, to one of the temperatures given in the following table and held continuously at or above that temperature for at least the corresponding specified time:
Temperature   Time  
*145°F (63°C)       30 minutes  
*161°F (72°C)       15 seconds  
191°F (89°C)        1 second  
194°F (90°C)       0.5 second  
201°F (94°C)       0.1 second  
204°F (96°C)       0.05 second  
212°F (100°C)       0.01 second  

                  * If the fat content of the milk product is ten percent or more, or if it contains added sweeteners, the specified temperature shall be increased by 5°F (3°C). However, eggnog shall be heated to at least the following temperature and time specifications:

Temperature   Time  
155°F (69°C)       30 minutes  
175°F (80°C)       25 seconds  
180°F (83°C)       15 seconds
 

                  Nothing in this definition bars any other pasteurization process which has been recognized by the Food and Drug Administration to be equally efficient and which is approved by the regulatory agency;
             (13)      "Pasteurization unit," a unit of equipment that pasteurizes milk and milk products that meets the 3-A accepted practices for the sanitary construction, installation, testing, and operation of a pasteurizer;
             (14)      "Producer," any person who operates a dairy farm and provides, sells, or offers milk or raw milk for human consumption for sale;
             (15)      "Receiving station," any place, premise, or establishment where raw milk is received, collected, handled, stored, or cooled and prepared for further transporting;
             (16)      "Secretary," the secretary of agriculture;
             (17)      "Single-service article fabricating plant," any plant manufacturing single-service articles expected to be in contact with Grade A milk and milk products;
             (18)      "Transfer station," any place, premise, or establishment where milk or milk products are transferred directly from one milk tank truck to another.

Source: SDC 1939, § 4.1902; SL 1941, ch 4; SL 1943, ch 9, § 1; SL 1945, ch 14; SL 1951, ch 111, § 1; SL 1953, ch 8; SL 1957, ch 92, § 2; SL 1969, ch 8, § 1; SL 1980, ch 280, § 1; SL 1987, ch 299, § 1; SL 1988, ch 329, § 1; SL 2009, ch 205, § 1; SL 2010, ch 205, § 12; SL 2015, ch 207, § 6.


40-32-3 Exemption of charitable, public, and educational institutions not producing for sale.
     40-32-3.   Exemption of charitable, public, and educational institutions not producing for sale. This chapter shall in no way apply to religious, hospital, charitable, state, county, or educational institutions or organizations not engaged in the business of manufacturing or processing for sale, milk or milk products.

Source: SL 1957, ch 92, § 1; SDC Supp 1960, § 4.1901.


40-32-4 License required for milk plants, transporters, stations, distributors, and persons buying...
     40-32-4.   License required for milk plants, transporters, stations, distributors, and persons buying or selling milk products. Any person engaged in the operation of a receiving station, transfer station, bulk milk pick-up tanker, milk transport tank, plant fabricating single-service articles or milk distributor in South Dakota, or any person buying milk produced in South Dakota, or any person selling milk, any milk product, or raw milk for human consumption, shall, before beginning business, obtain from the secretary a license for each place of business owned or operated by the person in South Dakota, and for each milk distributor or milk plant buying or selling milk or any milk product in South Dakota.

Source: SDC 1939, § 4.1903; SL 1941, ch 4; SL 1945, ch 14; SL 1953, ch 8; SL 1957, ch 92, § 3; SL 1965, ch 6; SL 1969, ch 8, § 2; SL 1980, ch 280, § 2; SL 1987, ch 299, § 2; SL 2009, ch 205, § 2; SL 2015, ch 207, § 7.


40-32-5 License fees.
     40-32-5.   License fees. The license fee for the following facilities requiring licenses is as follows:
             (1)      In-state milk processing plant (by pounds of milk or milk product produced):
             (a)      Less than 100,000 pounds per day, two hundred fifty dollars;
             (b)      100,000 to 500,000 pounds, inclusive, per day, five hundred dollars;
             (c)      Over 500,000 pounds per day, one thousand dollars;
             (2)      Out-of-state milk processing plants or marketing organization, two hundred fifty dollars;
             (3)      Receiving station, two hundred fifty dollars;
             (4)      Plant fabricating single-service articles, two hundred fifty dollars;
             (5)      Milk distributor, two hundred fifty dollars;
             (6)      Transfer station, one hundred dollars;
             (7)      Bulk milk pick-up tanker or milk transport tank, fifty dollars;
             (8)      A producer who packages and sells raw milk for human consumption, fifty dollars.

Source: SDC 1939, § 4.1903; SL 1941, ch 4; SL 1945, ch 14; SL 1953, ch 8; SL 1957, ch 92, § 3; SL 1965, ch 6; SL 1969, ch 8, § 2; SL 1980, ch 280, § 3; SL 1981, ch 286, § 11; SL 1987, ch 299, § 3; SL 2009, ch 205, § 3; SL 2015, ch 207, § 8.


40-32-6 Milk plant license--Contents--Posting.
     40-32-6.   Milk plant license--Contents--Posting. Each license for a milk plant shall record the name of the person owning or operating the plant licensed, the plant's place of business, the location of the plant, the name of the manager, and the number of the license. Each license so issued shall constitute a license to the manager or agent of the place of business named in the license and one license shall be sufficient for all manufacturing processes of milk or milk products. Each license issued shall be posted in the office of the plant licensed.

Source: SDC 1939, § 4.1903; SL 1941, ch 4; SL 1945, ch 14; SL 1953, ch 8; SL 1957, ch 92, § 3; SL 1965, ch 6; SL 1969, ch 8, § 2; SL 1980, ch 280, § 4; SL 2009, ch 205, § 4.


40-32-7 Transfer of plant licenses restricted.
     40-32-7.   Transfer of plant licenses restricted. No license for a milk plant is transferable from one person to another, but may be transferred from one location to another in the same municipality with the approval of the secretary of agriculture.

Source: SDC 1939, § 4.1903; SL 1941, ch 4; SL 1945, ch 14; SL 1953, ch 8; SL 1957, ch 92, § 3; SL 1965, ch 6; SL 1969, ch 8, § 2; SL 1980, ch 280, § 5; SL 2009, ch 205, § 5.


40-32-8 Annual expiration of license.
     40-32-8.   Annual expiration of license. Each license issued pursuant to § 40-32-5 is good for one year or any fraction thereof, and shall terminate on December thirty-first of each year.

Source: SDC 1939, § 4.1903; SL 1941, ch 4; SL 1945, ch 14; SL 1953, ch 8; SL 1957, ch 92, § 3; SL 1965, ch 6; SL 1969, ch 8, § 2; SL 1980, ch 280, § 6; SL 1987, ch 299, § 4.


40-32-9 Suspension of license for failure to comply with law.
     40-32-9.   Suspension of license for failure to comply with law. The secretary of agriculture or his duly authorized representative may suspend a dairy products license for failure to comply with any existing dairy statutes or regulations for such time as may be necessary for the owner or operator to make the necessary corrections to comply with the dairy statutes and regulations.

Source: SL 1957, ch 92, § 5; SDC Supp 1960, § 4.1905; SL 1969, ch 8, § 4.


40-32-10 Revocation or suspension of plant license for violations--Notice and opportunity to defend...
     40-32-10.   Revocation or suspension of plant license for violations--Notice and opportunity to defend. The secretary shall, upon evidence of violations of the provisions of this chapter and chapters 39-6, 39-7, and 39-8, and any rules promulgated pursuant to those chapters, revoke or suspend any dairy products plant license. However, no license may be revoked except on twenty days' notice to the licensee or the licensee's agent or manager. Any notice shall be served as summons is served in civil actions, specify the substance of the complaint and the time and place at which evidence will be heard in support of the complaint, and that an opportunity will be offered to the licensee complained about to submit evidence and proof in defense of any charge.

Source: SDC 1939, § 4.1906; SL 1957, ch 92, § 5; SDC Supp 1960, § 4.1905; SL 1969, ch 8, § 4; SL 2010, ch 205, § 13.


40-32-10.1 Producer's permit required.
     40-32-10.1.   Producer's permit required. A producer engaged in the business of producing milk and offering for sale such milk for purposes other than Grade A milk pursuant to the provisions of chapter 39-6 and before the milk is to be transported from the premises of the producer, shall obtain a permit from the secretary. A producer engaged in the business of producing raw milk for human consumption pursuant to the provisions of chapter 39-6 and before the raw milk is sold directly to the consumer, shall obtain a permit from the secretary.

Source: SDC 1939, § 4.1903 as added by SL 1969, ch 8, § 2; SL 1988, ch 329, § 6; SL 2009, ch 205, § 6; SL 2010, ch 205, § 14; SL 2015, ch 207, § 9.


40-32-10.2 Issuance of producer's permit--Compliance with rules and regulations.
     40-32-10.2.   Issuance of producer's permit--Compliance with rules and regulations. All milk plants shall submit to the secretary of agriculture a list of all such producers who are currently doing business with them and supply the secretary with sufficient information upon which he shall issue a permit, providing that the secretary shall have the discretion to refuse a permit if he deems the producer is not producing a quality product; and further, providing that when the secretary has adopted necessary rules and regulations and on proper notice to the producer the producer shall have thirty days within which to comply; and further providing that the producer shall not be in violation until such time that the secretary has adopted necessary rules and regulations and the producer has been afforded his rights under chapter 1-26.

Source: SDC 1939, § 4.1903 as added by SL 1969, ch 8, § 2.


40-32-10.3 Renewal of producer's permit not required--Transfer of permits.
     40-32-10.3.   Renewal of producer's permit not required--Transfer of permits. Each permit issued under § 40-32-10.2 shall be to the producer and the location named therein and need not be renewed unless revoked by the secretary of agriculture. No permit shall be transferable to another location but may be transferred from one producer to another with the approval of the secretary or his duly authorized agent.

Source: SDC 1939, § 4.1903 as added by SL 1969, ch 8, § 2.


40-32-10.4 Suspension of producer's license or permit--Grounds--Sanctions--Court action.
     40-32-10.4.   Suspension of producer's license or permit--Grounds--Sanctions--Court action. The department may suspend a producer's license or permit upon failure by the holder of the permit to comply with any of the terms of state statute or promulgated rule or for interference with inspection. In addition to the administrative sanctions available to the department pursuant to this chapter and chapters 39-6, 39-7, and 39-8, any licensed or nonlicensed producer who commits any violation of this chapter or chapters 39-6, 39-7, or 39-8, may be assessed a fine, not to exceed five thousand dollars per violation, or may be subject to injunctive and declaratory relief by the circuit court. All fines collected pursuant to this section are subject to S.D. Const., Art. VIII, § 3. The department is not required to seek the administrative sanctions available under this section prior to commencing an action in circuit court against an alleged violator of this chapter or chapters 39-6, 39-7, or 39-8.

Source: SDC Supp 1960, § 4.1905 as added by SL 1969, ch 8, § 4; SL 2010, ch 205, § 15.


40-32-10.5 Revocation of producer's permit--Hearing required--Suspension prior to hearing.
     40-32-10.5.   Revocation of producer's permit--Hearing required--Suspension prior to hearing. A producer's permit may be revoked by the secretary of agriculture for due cause after the holder of a permit has been given the opportunity for a hearing before the secretary. The secretary shall, upon the request of the holder of a permit, fix the time and place for such hearing. No permit shall be revoked prior to the hearing herein provided, but a permit may be suspended prior to such time and said suspension shall be in full force and effect until the hearing at which time the secretary shall make his final determination.

Source: SDC Supp 1960, § 4.1905 as added by SL 1969, ch 8, § 4.


40-32-10.6 Dairy fieldman's service provided by plant.
     40-32-10.6.   Dairy fieldman's service provided by plant. Any milk plant purchasing milk for purposes other than Grade A as set forth in chapter 39-6 shall provide adequate and continuous service of a dairy fieldman in determining for the secretary of agriculture by inspection of each dairy farm selling milk to such plant that the facilities and methods of production are in compliance with this chapter and the rules and regulations adopted thereunder. A dairy fieldman shall have access, ingress, and egress to all such dairy farms.

Source: SDC Supp 1960, § 4.1904 as added by SL 1969, ch 8, § 3.


40-32-10.7 Dairy fieldman's license required--Application and fee--Expiration.
     40-32-10.7.   Dairy fieldman's license required--Application and fee--Expiration. Any person performing the duties of a dairy fieldman shall first obtain a license by applying on a form provided by the secretary of agriculture. Upon receipt of the application and a fee of fifty dollars, the secretary shall determine if the applicant is competent and qualified before issuing the license. Each license for a dairy fieldman is valid for one year or any fraction thereof and terminates on July first of each year.

Source: SDC Supp 1960, § 4.1904 as added by SL 1969, ch 8, § 3; SL 1971, ch 228; SL 1981, ch 286, § 12; SL 2009, ch 205, § 7.


40-32-10.8 Dairy fieldman's assistance in reinstatement of producer's permit--Exclusive authority of ...
     40-32-10.8.   Dairy fieldman's assistance in reinstatement of producer's permit--Exclusive authority of secretary to suspend permit. The secretary of agriculture may make provisions for the dairy fieldman's assistance in the reinstatement of a producer permit: Provided, that a suspension of a producer's permit shall only be made by the secretary or his duly authorized agent.

Source: SDC Supp 1960, § 4.1904 as added by SL 1969, ch 8, § 3.


40-32-10.9 Revocation of dairy fieldman's license--Hearing required.
     40-32-10.9.   Revocation of dairy fieldman's license--Hearing required. The secretary of agriculture may revoke a dairy fieldman's license for due cause after the holder of the license has been given an opportunity for a hearing, the holder of the license shall be given notice in writing of the time and place of such hearing at least ten days before the date of such hearing.

Source: SDC Supp 1960, § 4.1906 as added by SL 1969, ch 8, § 5.


40-32-11 Tester and grader to be maintained in dairy products plant--License required.
     40-32-11.   Tester and grader to be maintained in dairy products plant--License required. A tester and grader of cream and milk, duly qualified to sample, test, and grade cream and milk and licensed as required in §§ 40-32-12 to 40-32-16, inclusive, shall be maintained in every creamery, cream station, or milk plant. No individual can sample, test, or grade cream or milk, where the samples, tests, or grades are used as the basis of payment to the producer, without first securing a license from the secretary of agriculture.

Source: SL 1943, ch 9, § 5; SL 1951, ch 111, § 4; SL 1957, ch 92, § 4; SDC Supp 1960, § 4.1904; SL 1969, ch 8, § 3.


40-32-12 Application for tester and grader's license--Fee--Examination of applicant.
     40-32-12.   Application for tester and grader's license--Fee--Examination of applicant. Applications for a tester and grader's license shall be made on forms prescribed and provided by the secretary of agriculture. Upon receipt of an application and a fee of fifty dollars, each applicant shall be given an examination prescribed by the secretary. The examination shall determine the applicant's knowledge of South Dakota laws pertaining to the dairy industry and shall contain an actual demonstration by the applicant, sampling, testing, and grading milk.

Source: SL 1943, ch 9, § 5; SL 1951, ch 111, § 4; SL 1957, ch 92, § 4; SDC Supp 1960, § 4.1904; SL 1969, ch 8, § 3; SL 1981, ch 286, § 13; SL 2009, ch 205, § 8.


40-32-13 Licenses for sampling and grading.
     40-32-13.   Licenses for sampling and grading. An application for a sampling and grading license shall be made on forms prescribed and provided by the secretary of agriculture. A fee of fifty dollars shall be submitted with the application. A license shall be issued to persons for sampling and grading of milk at a milk plant, or for the operator of a bulk tank truck picking up milk at the farm, upon satisfactory completion of an examination pertaining to sampling and grading and an evaluation of sampling methods. Each license shall be stamped, "Sampler Only" or "Bulk Hauler."

Source: SL 1957, ch 92, § 4; SDC Supp 1960, § 4.1904; SL 1969, ch 8, § 3; SL 2009, ch 205, § 9; SL 2016, ch 205, § 1.


40-32-14 Issuance of tester and grader's license or sampling and grading license--Duration.
     40-32-14.   Issuance of tester and grader's license or sampling and grading license--Duration. After successful completion of the examination required by §§ 40-32-12 and 40-32-13, the secretary of agriculture shall issue a tester and grader's license or sampling and grading license. Each license is valid for one year or any fraction thereof and terminated on July first of each year.

Source: SL 1943, ch 9, § 5; SL 1951, ch 111, § 4; SL 1957, ch 92, § 4; SDC Supp 1960, § 4.1904; SL 1969, ch 8, § 3; SL 2016, ch 205, § 2.


40-32-15 License withheld from applicant not meeting requirements.
     40-32-15.   License withheld from applicant not meeting requirements. The secretary of agriculture may withhold a tester and grader's license or a sampling and grading license from any applicant who does not meet the licensing requirements.

Source: SL 1943, ch 9, § 5; SL 1951, ch 111, § 4; SL 1957, ch 92, § 4; SDC Supp 1960, § 4.1904; SL 1969, ch 8, § 3; SL 2016, ch 205, § 3.


40-32-16 Posting of tester and grader's license.
     40-32-16.   Posting of tester and grader's license. Each tester and grader's license shall be posted in a conspicuous place in the room where the testing and grading is done.

Source: SL 1943, ch 9, § 5; SL 1951, ch 111, § 4; SL 1957, ch 92, § 4; SDC Supp 1960, § 4.1904; SL 1969, ch 8, § 3.


40-32-17 Suspension or revocation of tester and grader's or sampler and grader's license--Violation...
     40-32-17.   Suspension or revocation of tester and grader's or sampler and grader's license--Violation as ground for revocation. The secretary of agriculture may suspend or revoke a tester and grader's license or a sampler and grader's license of any person who fails to comply with the provisions of this chapter. Conviction of a licensee for any violation of this chapter shall be sufficient grounds for revocation of the offender's license.

Source: SL 1943, ch 9, § 5; SL 1951, ch 111, § 4; SL 1957, ch 92, § 6; SDC Supp 1960, § 4.1906; SL 1969, ch 8, § 5; SL 2002, ch 192, § 1.


40-32-18 Promulgation of rules.
     40-32-18.   Promulgation of rules. The secretary of agriculture may promulgate rules pursuant to chapter 1-26 as may be needed to:
             (1)      Determine and define grades of milk and price differentials to be paid between grades;
             (2)      Determine and define methods of testing and grading and records to be kept of such testing and grading;
             (3)      Define individual milk products and set standards for each;
             (4)      Determine and define methods of production, manufacture, and processing of milk and milk products;
             (5)      Determine and define construction and sanitation standards for dairy farms and milk plants;
             (6)      Determine and define construction and sanitation standards for equipment used on dairy farms and milk plants, including transportation equipment for milk and milk products;
             (7)      Determine and define proper container capacities, labeling, and advertising;
             (8)      Determine and define duties and responsibilities of a dairy fieldman; and
             (9)      Review and approve plans and specifications prior to construction.

Source: SDC 1939, § 4.1901; SL 1943, ch 9, § 13; SL 1957, ch 92, § 10; SDC Supp 1960, § 4.1910; SL 1969, ch 8, § 7; SL 1980, ch 280, § 7; SL 1986, ch 326, § 91; SL 2009, ch 205, § 10.


40-32-19
     40-32-19.   Repealed by omission from SL 1969, ch 8, § 7


40-32-20 Coloring matter mixed with products unfit for human consumption--Failure to comply as misd...
     40-32-20.   Coloring matter mixed with products unfit for human consumption--Failure to comply as misdemeanor. The grader or the secretary's authorized representative, who is grading milk or milk products, shall thoroughly mix with any unlawful milk or milk products, as defined under this chapter or the regulations pertaining thereto, a harmless coloring matter as will render such milk or milk products unfit for human consumption. The failure to comply with this section is a Class 2 misdemeanor.

Source: SL 1943, ch 9, § 7; SL 1957, ch 92, § 8; SDC Supp 1960, § 4.1908; SL 1991, ch 186, § 25; SL 1992, ch 289.


40-32-21 Exemption of operations otherwise regulated.
     40-32-21.   Exemption of operations otherwise regulated. Any part of a milk plant's operations subject to Grade A regulations as set forth in chapter 39-6 or in chapter 39-8, is exempt from all provisions of this chapter except the licensing provisions.

Source: SL 1957, ch 92, § 1; SDC Supp 1960, § 4.1901.


40-32-22 Records and reports to secretary.
     40-32-22.   Records and reports to secretary. The secretary of agriculture may require such reports and records kept and sent to his office as may be needed for the proper enforcement of this chapter.

Source: SL 1957, ch 92, § 9; SDC Supp 1960, § 4.1909.


40-32-23 Access of department to premises, vehicles, and records--Taking of samples.
     40-32-23.   Access of department to premises, vehicles, and records--Taking of samples. The department shall have access, ingress, and egress to all places of business, factories, buildings, or related areas where any milk or milk products are produced, bought, manufactured, held, or stored, including any vehicles used for the transportation of milk or milk products. The department shall have access to all of the books and records of such places of business for the purpose of enforcing the provisions of this chapter. The department may take any samples deemed necessary for the proper enforcement of this chapter.

Source: SDC 1939, § 4.1905; SL 1943, ch 9, § 13; SL 1957, ch 92, § 7; SDC Supp 1960, § 4.1907; SL 1969, ch 8, § 6; SL 2010, ch 205, § 16.


40-32-24
     40-32-24.   Repealed by SL 1977, ch 190, § 536


40-32-25 Inspection service fee for each dairy farm--Raw milk assessment fee.
     40-32-25.   Inspection service fee for each dairy farm--Raw milk assessment fee. A milk plant or marketing organization of milk, milk products, sheep milk, or goat milk that processes or markets Manufacturing Grade or Grade A milk shall pay an inspection service fee for each dairy farm. The inspection fee shall be one hundred dollars per Grade A or fifty dollars per Manufacturing Grade dairy farm and be paid semiannually by July first and January first to the secretary. In addition, beginning on January 1, 2010, each milk buyer shall pay a monthly raw milk assessment fee on all milk purchased from South Dakota producers, which shall be paid by the beginning of each month to the secretary. The secretary of agriculture shall promulgate rules pursuant to chapter 1-26 to establish the raw milk assessment fee which may not exceed one cent per hundredweight on all milk purchased.

Source: SL 1988, ch 329, § 2; SL 2001, ch 225, § 1; SL 2009, ch 205, § 11.


40-32-26 Reinspection fee--When assessed.
     40-32-26.   Reinspection fee--When assessed. A reinspection fee of two hundred dollars per inspection shall be paid to the secretary by the milk plant or marketing organization for each dairy farm inspection exceeding the required biannual Grade A or annual Manufacturing Grade farm facility inspection resulting from adverse actions such as farm permit suspension, degrade, or unsanitary conditions to be corrected within a specified period of time.

Source: SL 1988, ch 329, § 3; SL 2001, ch 225, § 2; SL 2009, ch 205, § 12.


40-32-27 Inspection fee for milk plants.
     40-32-27.   Inspection fee for milk plants. Each milk plant requiring inspection service from the department on pasteurization units shall annually pay two hundred fifty dollars per pasteurization unit to the secretary. The inspection fee shall be paid annually and is due July first of each year. A one-hundred-fifty-dollar resealing fee for any pasteurization unit shall be assessed to the plant and billed at the end of the month for nonroutine equipment checks.

Source: SL 1988, ch 329, § 4; SL 2009, ch 205, § 13.


40-32-28 Penalty for delinquent payments.
     40-32-28.   Penalty for delinquent payments. The department shall impose a penalty in addition to the inspection fee that is more than one month delinquent. Such penalty shall be ten percent of the total fee each month or portion of a month.

Source: SL 1988, ch 329, § 5.


40-32-29 Dairy inspection fund established--Expenditures.
     40-32-29.   Dairy inspection fund established--Expenditures. Funds collected pursuant to this chapter shall be deposited with the state treasurer in a special fund known as the dairy inspection fund. Expenditures of these funds shall be made pursuant to provisions of chapter 4-7, not to exceed sixty percent of the total dairy program budget. The department shall provide the dairy industry and the Legislature an annual report of the previous year's activities.

Source: SL 1988, ch 329, § 7; SL 2009, ch 205, § 14; SL 2011, ch 190, § 1.


40-32-30
     40-32-30.   Repealed by SL 2009, ch 205, § 15.


40-32-31 Cooperation with secretary required--Refusal as misdemeanor.
     40-32-31.   Cooperation with secretary required--Refusal as misdemeanor. Any person dealing in any product governed by this chapter shall give the secretary all aid within his power in discovering any product, and all records pertaining to that product, which may be suspected of being in violation of this chapter. Any refusal to render such aid is a Class 2 misdemeanor.

Source: SL 1992, ch 290, § 1.


40-32-32 Assistance of police in inspection.
     40-32-32.   Assistance of police in inspection. The secretary may, by written or oral notice, require any police officer to assist in inspecting any place or product subject to the provisions of this chapter.

Source: SL 1992, ch 290, § 2.


40-32-33 Contraband.
     40-32-33.   Contraband. Any milk or milk product which is adulterated, misbranded, or otherwise illegal is contraband and subject to condemnation and disposal as provided in §§ 40-32-34 and 40-32-35.

Source: SL 1992, ch 290, § 3.


40-32-34 Seizure or quarantine of contraband--Tagging--Violation as misdemeanor.
     40-32-34.   Seizure or quarantine of contraband--Tagging--Violation as misdemeanor. The secretary may seize or quarantine by tagging or otherwise marking any milk or milk product which is, or which is suspected of being, contraband and for this purpose is vested with police powers. The tag or marking shall be notice to all persons not to remove or otherwise molest marked or tagged material until given permission by the secretary or a court. The owner or operator of the milk or milk product shall be notified in person or by telephone before the tag or marker is placed on the milk or milk product. Any person who removes or otherwise molests any milk or milk product tagged or marked as provided by this section without permission is guilty of a Class 2 misdemeanor.

Source: SL 1992, ch 290, § 4.


40-32-35 Petition for condemnation of contraband--Hearing--Disposal of contraband.
     40-32-35.   Petition for condemnation of contraband--Hearing--Disposal of contraband. The secretary upon seizing or quarantining contraband pursuant to § 40-32-34 may, within two days, petition the circuit court for the county in which the contraband material is found for condemnation of the material. The court shall fix a time and place of hearing and provide for reasonable notice thereof to the person in whose possession the contraband material was found. Upon hearing, the court shall determine whether the milk or milk product is in fact adulterated, misbranded or otherwise illegal. If the court determines that the article is adulterated, misbranded or otherwise illegal, it shall order that the same be condemned and destroyed or otherwise disposed of as the court shall direct.

Source: SL 1992, ch 290, § 5.


Title 40

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