Administrative Rule 12:11:02 | South Dakota Legislature

12:11:02:01. Premises. The plant area and surrounding shall be kept clean, orderly, and free from refuse and rubbish, smoke, dust and air pollution, and strong or foul odors. A drainage system shall be provided for rapid drainage of all water from plant buildings including surface water around the plant and on the premises.

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

General Authority: SDCL 39-8-4.

Law Implemented: SDCL 39-8-4.

Rule 12:11:02:02 Building construction and maintenance.

12:11:02:02. Building construction and maintenance. Buildings shall be of sound construction. The exterior and interior shall be kept clean and in good repair to protect against dust, dirt, and mold and to prevent the entrance or harboring of insects, rodents, vermin, and other animals.

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

General Authority: SDCL 39-8-3.

Law Implemented: SDCL 39-8-3.

Rule 12:11:02:03 Protection of building openings.

12:11:02:03. Protection of building openings. Outside doors, windows, skylights, and transoms shall be screened or otherwise covered. Outside doors shall open outward and be self-closing and those leading to processing rooms shall be sound and tight-fitting. Window sills on new construction shall be sloping. Outside conveyor openings and other special outside openings shall be protected by doors, screens, flaps, fans, or tunnels. Outside openings for sanitary pipelines shall be completely cemented around the pipe opening or have tight metal collars.

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

General Authority: SDCL 39-8-3.

Law Implemented: SDCL 39-8-3.

Rule 12:11:02:04 Processing rooms separated from other rooms.

12:11:02:04. Processing rooms separated from other rooms. All rooms, compartments, coolers, freezers, and dry storage space in which any raw material, packaging, ingredient supplies, or finished products are handled, processed, manufactured, packaged, or stored shall be separated from the processing by a partition or suitable arrangement of equipment or facilities so as to avoid contamination of milk or dairy products. Boiler and tool rooms shall be separated from other rooms. Toilet and dressing rooms shall be conveniently located and shall not open directly into any room in which milk, dairy products, or ingredients are handled, processed, packaged, or stored. Doors of all toilet rooms shall be self-closing and fixtures shall be kept clean and in good repair.

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

General Authority: SDCL 39-8-3.

Law Implemented: SDCL 39-8-3.

Rule 12:11:02:05 Department to approve plans for new or remodeling of plant.

12:11:02:05. Department to approve plans for new or remodeling of plant. Plans for new plant construction or major remodeling of existing plants shall be submitted to the department for approval prior to new construction or remodeling.

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

General Authority: SDCL 39-8-3.

Law Implemented: SDCL 39-8-3.

Rule 12:11:02:06 Interior finishing.

12:11:02:06. Interior finishing. The interior finishing including the walls, ceilings, partitions, and posts of all rooms in which milk or dairy products are received, handled, or processed and where mix and frozen dairy desserts are manufactured, packaged, or stored, except dry storage of packaging materials, or in which equipment or utensils are washed, shall be smoothly finished with a washable material of light color that is substantially impervious to moisture. The floors in these rooms shall be concrete or other impervious material and shall be smooth, properly graded to drain, and have drains trapped. Rooms used for storing frozen dairy desserts, frozen fruits, eggs, and comparable ingredients need not be provided with floor drains, but the floors shall be kept clean. The plumbing shall be installed so as to prevent backup of sewage into the plant. On new construction or extensive remodeling, the floors shall be joined and coved with the walls to form watertight joints. Sound, smooth, wood floors may be used in packaging rooms where the nature of the product permits. Toilet and dressing rooms shall have impervious floors and smooth walls.

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

General Authority: SDCL 39-8-3.

Law Implemented: SDCL 39-8-3.

Rule 12:11:02:07 Ventilation and lighting.

12:11:02:07. Ventilation and lighting. All rooms and compartments, including storage space, toilet, and dressing rooms, shall be ventilated to maintain sanitary conditions, prevent undue condensation of water vapor, and minimize or eliminate objectionable odors. Lighting, whether natural or artificial, shall be of good quality and well distributed in all rooms and compartments. All rooms where milk, dairy products mix and frozen dairy desserts are handled, processed, manufactured, or packaged or where equipment or utensils are washed shall have at least 30 footcandles of light intensity on all working surfaces. Areas where dairy products are examined for condition and quality shall have at least 50 footcandles of light intensity. All other rooms shall have at least 5 footcandles of light intensity measured 30 inches above the floor. Light bulbs shall be protected against breakage.

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

General Authority: SDCL 39-8-3.

Law Implemented: SDCL 39-8-3.

Rule 12:11:02:08 Water supply.

12:11:02:08. Water supply. Both hot and cold water of safe and sanitary quality shall be available in sufficient quantity for all plant operations and facilities. Water from other lines, when officially approved, may be used for boiler feed water and condenser water if the water lines are completely separated from the water lines carrying the sanitary water supply and the equipment is constructed and controlled so as to preclude contamination of any product or product contact surface. There shall be no cross connections between safe and unsafe water lines or between private and public supply.

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

General Authority: SDCL 39-8-3.

Law Implemented: SDCL 39-8-3.

Rule 12:11:02:09 Steam.

12:11:02:09. Steam. Steam shall be supplied in sufficient volume and pressure for satisfactory operation of each applicable piece of equipment. Steam that may come into direct contact with milk or dairy products shall be culinary steam conducted through a steam strainer and purifier equipped with a steam trap and shall be free from any compounds that may contribute flavors or endanger health. Only compounds complying with 21 C.F.R. 173.310, as amended to March 1, 2006, may be used to prevent corrosion and scale in boilers, or to facilitate sludge removal.

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 32 SDR 203, effective June 6, 2006.

General Authority: SDCL 39-8-3.

Law Implemented: SDCL 39-8-3.

Rule 12:11:02:10 Disposal of wastes.

12:11:02:10. Disposal of wastes. The plant sewage system shall have sufficient slope and capacity to remove readily all waste from processing operations. Where a public sewer is not available, wastes shall be disposed of by an approved method. Containers for the collection and holding of wastes shall be constructed of metal or other equally impervious material, kept covered with tight-fitting lids and placed outside the plant on a concrete slab or on a rack at least 12 inches above the ground. Solid wastes shall be disposed of regularly and the containers cleaned before reuse. Dry waste paper shall be bagged and hauled away.

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

General Authority: SDCL 39-8-4.

Law Implemented: SDCL 39-8-4.

Cross-Reference: Private sewage disposal systems, ch 74:53:01.

Rule 12:11:02:11 Construction of equipment and utensils.

12:11:02:11. Construction of equipment and utensils. Equipment and utensils coming in contact with milk, dairy products, mix, or frozen dairy desserts, including sanitary pumps, piping, fittings, and connections, must be constructed of stainless steel or equally corrosion resistant material, except that if the use of stainless steel is not practicable, or in old equipment, other tinned metals may be approved. Nonmetallic parts with product contact surfaces must be of material that meets the 3-A Sanitary Standards and Accepted Practices for multiple use rubber and rubber-like materials. Bulk storage and distribution equipment for handling liquid sweetening agents must consist of metals, alloys, or other materials that will withstand corrosive action by the ingredients, and such equipment and ingredients shall be protected from contamination.

Source: SL 1975, ch 16, § 1; 12 SDR 102, effective December 25, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 32 SDR 203, effective June 6, 2006; 46 SDR 46, effective October 8, 2019.

General Authority: SDCL 39-8-4.

Law Implemented: SDCL 39-8-4.

Rule 12:11:02:12 Installation of equipment.

12:11:02:12. Installation of equipment. All equipment and piping must be designed and installed so as to be easily accessible for cleaning and must be kept in good repair and free from cracks and corroded surfaces. Milk pumps shall be of a sanitary type and easily dismantled for cleaning. New or rearranged equipment must be set out approximately 24 inches from any wall or spaced at least 24 inches between pieces of equipment that measure more than 48 inches on the parallel sides. This requirement does not apply between tanks if the face of the tanks extend through a wall into a processing room. All parts or interior surfaces of equipment, pipes, except certain piping cleaned in place, or fittings, including valves and connections, must be accessible for inspection. Cleaned-in-place sanitary piping and welded sanitary pipeline systems, if used, are acceptable if engineered and installed according to the 3-A Sanitary Standards and Accepted Practices for permanently installed sanitary product pipelines and cleaning systems.

Source: SL 1975, ch 16, § 1; 12 SDR 102, effective December 25, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 32 SDR 203, effective June 6, 2006; 46 SDR 46, effective October 8, 2019.

General Authority: SDCL 39-8-4.

Law Implemented: SDCL 39-8-4.

Rule 12:11:02:13 Pasteurization equipment.

12:11:02:13. Pasteurization equipment. High temperature short time pasteurizers must be equipped with an automatic flow diversion valve, timing pump or device, temperature recorder and holding tube or its equivalent, to assure complete pasteurization. Equipment and operation must meet the requirements of and be installed in accordance with the 3-A Sanitary Standards and Accepted Practices for the sanitary construction, installation, testing, and operation of high-temperature short-time pasteurizers.

Source: SL 1975, ch 16, § 1; 12 SDR 102, effective December 25, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 32 SDR 203, effective June 6, 2006; 46 SDR 46, effective October 8, 2019.

General Authority: SDCL 39-8-4.

Law Implemented: SDCL 39-8-4.

Rule 12:11:02:14 Thermometer accuracy.

12:11:02:14. Thermometer accuracy. Long-stem indicating thermometers that are accurate within 0.5 degrees Fahrenheit plus or minus for the applicable temperature range shall be provided for determining temperatures of pasteurization of products in vats and for verifying the accuracy of recording thermometers. Short-stem indicating thermometers that are accurate within 0.5 degrees Fahrenheit plus or minus for the applicable temperature range shall be installed in the proper stationary position in all high-temperature short-time and dome-type pasteurizers and all storage tanks where temperature readings are required. Recording thermometers that are accurate within one degree Fahrenheit plus or minus shall be used on each pasteurizer to record pasteurization temperature.

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

General Authority: SDCL 39-8-4.

Law Implemented: SDCL 39-8-4.

Rule 12:11:02:15 Cleaning and sanitizing.

12:11:02:15. Cleaning and sanitizing. Equipment, sanitary pipings, and utensils used in the receiving, storing, processing, manufacturing, packaging, and handling of milk, dairy products, mix, or frozen dairy desserts and all product contact surfaces of homogenizers, high pressure pumps, and high pressure lines shall be kept clean and sanitary. Stacks, elevators, conveyors, and the packing glands on all agitators, pumps, and vats shall be inspected at regular intervals and kept clean. Equipment coming in contact with milk, dairy products, mix, or frozen dairy dessert shall have bactericidal or sanitizing treatment immediately before use.

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

General Authority: SDCL 39-8-4.

Law Implemented: SDCL 39-8-4.

Rule 12:11:02:16 Cleaning equipment not designed for in-place cleaning.

12:11:02:16. Cleaning equipment not designed for in-place cleaning. Equipment not designed for cleaned-in-place cleaning shall be disassembled daily and thoroughly cleaned. Dairy cleansers, wetting agents, detergents, sanitizing agents, or other similar material may be used that will not contaminate or adversely affect dairy products. Steel wool or metal sponges shall not be used in the cleaning of any dairy equipment or utensils.

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

General Authority: SDCL 39-8-4.

Law Implemented: SDCL 39-8-4.

Rule 12:11:02:17 Cleaned-in-place method of cleaning equipment.

12:11:02:17. Cleaned-in-place method of cleaning equipment. Cleaned-in-place cleaning may be used only on equipment and pipeline systems that are designed and engineered for that purpose. Installation and cleaning procedures must be in accordance with the 3-A Sanitary Standards and Accepted Practices for permanently installed sanitary product pipelines and cleaning systems. An outline of the cleaning procedures to be followed must be posted near the cleaned-in-place equipment.

Source: SL 1975, ch 16, § 1; 12 SDR 102, effective December 25, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 32 SDR 203, effective June 6, 2006; 46 SDR 46, effective October 8, 2019.

General Authority: SDCL 39-8-4.

Law Implemented: SDCL 39-8-4.

Rule 12:11:02:18 Storage of utensils and portable equipment.

12:11:02:18. Storage of utensils and portable equipment. Utensils and portable equipment used in processing operations shall be stored above the floor in clean, dry locations and in self-draining positions on racks constructed of impervious, corrosion-resistant material.

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

General Authority: SDCL 39-8-4.

Law Implemented: SDCL 39-8-4.

Rule 12:11:02:19 Storage of nonrefrigerated products.

12:11:02:19. Storage of nonrefrigerated products. Dairy products, or frozen dairy dessert ingredients in dry storage shall be arranged in aisles, rows, sections, or lots or in such a manner as to be orderly and easily accessible for inspection and to permit adequate cleaning of the room. Dunnage or pallets shall be used when applicable. Dairy products, mix, or frozen dairy dessert ingredients shall not be stored with any product that would damage them or impair their quality. Open containers shall be carefully protected from contamination.

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

General Authority: SDCL 39-8-4.

Law Implemented: SDCL 39-8-4.

Rule 12:11:02:20 Storage of supplies.

12:11:02:20. Storage of supplies. Items in supply rooms shall be kept clean and protected and shall be arranged so as to permit inspection of supplies and cleaning and spraying of the room. Insecticides and rodenticides shall be properly labeled, segregated, and stored in a separate room or cabinet away from milk or dairy products or packaging supplies. Caps, parchment papers, wrappers, liners, gaskets, single-service sticks, spoons, covers, and containers for frozen dairy desserts, mix, or their ingredients, shall be purchased and stored only in sanitary tubes, wrappings, or cartons and shall be kept in them in a clean, dry place until used. They shall be handled in a sanitary manner.

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

General Authority: SDCL 39-8-4.

Law Implemented: SDCL 39-8-4.

Rule 12:11:02:21 Pasteurization and recorder charts to be on file.

12:11:02:21. Pasteurization and recorder charts to be on file. Recorder charts showing the pasteurization record for each day shall be marked with the name of the product, date, and signature of the operator. The charts shall be kept on file at the plant for at least 6 months.

Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986l; 32 SDR 203, effective June 6, 2006.

General Authority: SDCL 39-8-4.

Law Implemented: SDCL 39-8-4.

Rule 12:11:02:22 Vehicles used in transporting of frozen dairy desserts.

12:11:02:22. Vehicles used in transporting of frozen dairy desserts. All vehicles used for the transportation of mix, frozen dairy desserts, cream, milk. and dairy products shall be constructed and operated so as to protect their contents from the sun and contamination. Temperatures of vehicles used in the transporting of such products shall have cooling facilities to maintain temperatures of liquid products at 45 degrees Fahrenheit or less and frozen products at zero degrees Fahrenheit or less. Such vehicles shall be kept clean and no substance capable of contaminating mix, frozen dairy desserts, cream, milk, and dairy products shall be transported in them.

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

General Authority: SDCL 39-8-4.

Law Implemented: SDCL 39-8-4.

Rule 12:11:02:23 Personnel cleanliness.

12:11:02:23. Personnel cleanliness. Plant employees shall wash their hands before beginning work and upon returning to work after using toilet facilities, eating, smoking, or otherwise soiling their hands. They shall keep their hands clean and follow good hygienic practices while on duty. Expectorating or use of tobacco in any form is prohibited in rooms and compartments where milk, dairy products, mix, or frozen dairy desserts are unpacked or exposed. Clean white or light colored washable outer garments and caps shall be worn by all persons engaged in handling milk, dairy products, mix, or frozen dairy desserts. Paper caps or hairnets are acceptable. In addition, employees engaged in manual molding, wrapping, and touching any product's contact surface shall treat their clean hands with a bactericide of approved strength before beginning such work and after each interruption.

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

General Authority: SDCL 39-8-4.

Law Implemented: SDCL 39-8-4.

Rule 12:11:02:24 Health of personnel.

12:11:02:24. Health of personnel. No person affected with a disease in a communicable form or while a carrier of such a disease may work in a dairy plant in a capacity which brings him into contact with the production, handling, storage, or transportation of frozen dairy desserts or frozen dairy dessert mix, containers, equipment, and utensils. No person or firm may employ in such a capacity a person who has or is suspected of having a communicable disease or who is or is suspected of being a carrier of such a disease. When a reasonable cause exists to suspect the possibility of transmission of infection from a person concerned with the handling of frozen dairy desserts or frozen mix, the secretary shall require any or all of the following measures:

(1) The immediate exclusion of that person from the premises;

(2) The immediate exclusion of the frozen dairy desserts or frozen dairy dessert mix from distribution and use; and

(3) The medical and bacteriological examination of the person, of his associates, and of his and their body discharges as considered appropriate.

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

General Authority: SDCL 39-8-4.

Law Implemented: SDCL 39-8-4.

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