Codified Laws


Text Search


Enter the text to search for and click Search to get a list of statutes containing the text you entered. Tips:
  • Multiple words will be searched as a phrase. Entering Property Tax will return statutes that contain the complete phrase Property Tax.
  • Logical Operators are allowed. Hunting and Fishing will return statutes that containing both hunting and fishing. Hunting or Fishing will return statutes that contain hunting, fishing, or both.
  • Wild cards(*) are allowed. Entering Approp* will return statutes that contain Appropriation, Appropriate, Appropriated, etc..
  • Punctuation can also be used as operators. + = and, , = or. Searching for phrases that have , and will result in error unless you enclose the entire phrase in quotes.
The Filter option allows you to narrow your search results to a specific Title or Chapter. Here is a tip for using the filter option.
  • Use a dash (-) as the last character of your filter to refine searches. For example the filter "1-1" returns sections in 1-1, 1-10, 1-11, 1-12, etc. The filter "1-1-" returns only sections in Chapter 1-1.

Quick Find


Type the Statute number you are looking for in the form Title-Chapter-Section . Examples(1-1-1.1, 27A-11A-12, etc.)

The Get Statute button can be used to locate a specific statute. You may type in a title, chapter, or section number. Example: typing 1 will return the chapter list for Title 1, typing 1-1 will return the section list for chapter 1-1, typing 1-1-1 will return section 1-1-1 of the statutes.

The Get Chapter button can be used to load a complete chapter of the statutes. This function requires a title and a chapter number. Examples: 1-1, 57A-1, 1-3

 

40-32-2Definition 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

*145F (63C)

30 minutes

*161F (72C)

15 seconds

191F (89C)

1 second

194F (90C)

0.5 second

201F (94C)

0.1 second

204F (96C)

0.05 second

212F (100C)

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 5F (3C). However, eggnog shall be heated to at least the following temperature and time specifications:

Temperature

Time

155F (69C)

30 minutes

175F (80C)

25 seconds

180F (83C)

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.


Get Chapter 40-32
Back to Chapter 40-32

Click message to listen