South Dakota Administrative Code

Rule 12:14:01:05 Grade A specifications. 12:14:01:05. Grade A specifications. South Dakota Grade A shall possess a pleasing and desirable flavor. It may possess any of the following flavors to a slight degree: coarse, acid, smothered, flat, heated, bitter, aged, and storage. It m…

Rule 12:14:01:06 Grade B specifications. 12:14:01:06. Grade B specifications. South Dakota Grade B may possess any of the following flavors to a slight degree: musty, neutralizer, scorched, woody, weed, whey, and utensil. It may possess any of the following flavors to a definite …

Rule 12:14:01:07 Undergrade specifications. 12:14:01:07. Undergrade specifications. South Dakota undergrade is butter below the requirements for South Dakota Grade B. Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986. General Authority: SDCL 39-9-7. Law …

Rule 12:14:01:08 Ratings for defects in body, color, and salt. 12:14:01:08. Ratings for defects in body, color, and salt. Ratings for defects in body, color, and salt shall be established in accordance with the following: (1) Gummy, leaky, spongy, or weak, mealy, crumbly, or stic…

Rule 12:14:01:09 Relationship of defects to grade. 12:14:01:09. Relationship of defects to grade. The following schedule applies to the classification, as affected by total rating point defects in body, color, and salt: (1) When the total defects in body, color, and salt do not e…

Rule 12:15:01:01 Definitions. 12:15:01:01. Definitions. Terms defined in SDCL 1-26 and 38-27-1 have the same meaning when used in this article. In addition, as used in this article, "check-off fee" means the assessment imposed by SDCL 38-27 which a first purchaser must collect on…

Rule 12:15:01:02 Obtaining a declaratory ruling. 12:15:01:02. Obtaining a declaratory ruling. A person may request the council to issue a decision on the applicability of any statutory provision, rule, or order pertaining to a stated factual situation by submitting a written peti…

Rule 12:15:01:03 Council action on petition. 12:15:01:03. Council action on petition. Upon receipt of the petition, the council may request from the petitioner any additional information it may require for the issuance of its ruling. Within 30 days following receipt of the additi…

Rule 12:15:01:04 Petition for contested case hearing. 12:15:01:04. Petition for contested case hearing. In a contested case as defined in SDCL 1-26-1(2) concerning a refund of check-off fees, a person aggrieved by an action of the council taken without a hearing may, within 30 da…

Rule 12:15:01:05 Notice of hearing. 12:15:01:05. Notice of hearing. At least 20 days before the date set by the council for hearing, the council shall serve by mail a copy of a notice of hearing upon the petitioner and other interested or affected parties. Source: 12 SDR 125, eff…

Rule 12:15:02:01 Quarterly reports and remittance. 12:15:02:01. Quarterly reports and remittance. Every first purchaser shall submit a quarterly report to the council within 30 days after the end of each calendar quarter if oilseeds were purchased during the quarter. Each first p…

Rule 12:15:02:01.01 Collection of fee -- Record of assessment. 12:15:02:01.01. Collection of fee -- Record of assessment. A first purchaser shall collect the check-off fee from growers by deducting the fee from the purchase price. The amount of fee deducted shall be noted on the …

Rule 12:15:02:02 Checkoff fee refund application. 12:15:02:02. Check-off fee refund application. The check-off fee refund application shall be on forms provided by the council and shall contain the following information: (1) The date or dates of purchase; (2) The name, address, a…

Rule 12:15:03:01 Application for checkoff fee refund. 12:15:03:01. Application for check-off fee refund. An application for a refund of check-off fees shall be made on a form described in § 12:15:02:02. A grower who has sold oilseeds subject to the check-off fee may request a che…

Rule 12:15:03:02 Refund of checkoff fee. 12:15:03:02. Refund of check-off fee. The council shall refund check-off fees within 60 days after receipt of a check-off fee refund application that meets the following requirements: (1) The application is submitted to the council within …

Rule 12:15:03:03 Notice of rejection. 12:15:03:03. Notice of rejection. If a check-off fee refund application is rejected because it does not meet one or more of the requirements in § 12:15:02:02, a copy of the application with a written notice of reasons for rejection shall be s…

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. For purposes of this article: (1) "Abnormal milk" means milk that is visibly changed in color, odor, or texture; milk that, before the milking of…

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. S…

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 inspect…

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 wit…

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 manufactu…

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 adopt…

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…

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 co…

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 writt…

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…

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…

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 se…

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 la…

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 secr…

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 o…

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 Standard Methods for the Examination…

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 prod…

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 …

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 suc…

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) Soma…

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 …

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 follow…

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 for the Examination of Dairy Products. Source: SL 1975, ch 16, § 1; 12 SDR 102, effect…

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 …

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 shipm…

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 Decem…

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 for the Examination of Dairy Products. Source: SL 1975, ch 16, § 1; 7 SDR 125, e…

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 report…

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. Sourc…