South Dakota Administrative Code

Rule 12:17:03:15 Reject milk to be tagged and colored. 12:17:03:15. Reject milk to be tagged and colored. All reject milk shall be identified with a reject tag and colored with food coloring. Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986. General Aut…

Rule 12:17:03:16 Excluded milk. 12:17:03:16. Excluded milk. A plant may not accept milk from a producer for use in products under the following circumstances: (1) A new producer's milk does not meet the requirements for acceptable milk as provided in § 12:17:03:09 or 12:17:03:22.…

Rule 12:17:03:17 New producer -- Milk tests required. 12:17:03:17. New producer -- Milk tests required. An examination by a licensed sampler/grader shall be made on the first shipment of milk from a producer shipping milk to a plant for the first time or after a 30-day period of …

Rule 12:17:03:18 Change of milk plant -- Transfer procedure. 12:17:03:18. Change of milk plant -- Transfer procedure. Before a producer discontinues milk delivery at one plant and begins delivery to a different plant for any reason, the producer shall furnish the dairy fieldman o…

Rule 12:17:03:19 Repealed. 12:17:03:19. Transfer of producer -- Milk to be examined by new buyer.Repealed. Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 19 SDR 61, effective October 26, 1992.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 12:17:03:20 Producer record to be maintained by plant. 12:17:03:20. Producer record to be maintained by plant. A dairy plant shall keep for at least one year a record for each producer showing the results of farm inspections and the dates and results of all quality and labor…

Rule 12:17:03:21 Disposition of abnormal milk. 12:17:03:21. Disposition of abnormal milk. Cows which show evidence of the secretion of abnormal milk in one or more quarters, based upon bacteriological, chemical, or physical examination, shall be milked last or with separate equip…

Rule 12:17:03:22 Tests for somatic cell count. 12:17:03:22. Tests for somatic cell count. Tests for somatic cell count must be performed as prescribed in the Standard Methods for the Examination of Dairy Products, at an officially designated laboratory, once each month, on a samp…

Rule 12:17:03:22.01 Repealed. 12:17:03:22.01. Procedures for correction of excessive somatic cell count.Repealed. Source: 7 SDR 125, effective July 9, 1981; 12 SDR 102, effective December 25, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1…

Rule 12:17:03:22.02 Somatic cell limits. 12:17:03:22.02. Somatic cell limits. Milk of individual producers may not exceed 750,000 somatic cells per milliliter before commingling with other producer's milk. Goat milk may not exceed 1,500,000 somatic cells per milliliter. Source: 2…

Rule 12:17:03:23 Test for drug residue. 12:17:03:23. Test for drug residue. The milk buyer shall screen all bulk milk pickup tankers for beta lactam drug residues. In addition, the milk buyer shall employ a random bulk milk pickup tanker sampling program which screens for other d…

Rule 12:17:03:23.01 Monitoring of random sampling program for detecting drug residues. 12:17:03:23.01. Monitoring of random sampling program for detecting drug residues. The secretary shall monitor surveillance activities of milk plants by making unannounced on-site inspections t…

Rule 12:17:03:24 Test for pesticides. 12:17:03:24. Test for pesticides. Composite milk samples may be tested for pesticides by the secretary at least once a year or at a frequency which the secretary determines to be adequate to protect the consumer. The samples may not exceed es…

Rule 12:17:04:01 General health of herd. 12:17:04:01. General health of herd. All animals in each herd subject to this article shall be maintained in a healthy condition. Source: SL 1975, ch 16, § 1; 7 SDR 125, effective July 9, 1981; 12 SDR 128, 12 SDR 154, effective July 1, 198…

Rule 12:17:04:02 Tuberculin test -- Herd to be located in modified accredited area. 12:17:04:02. Tuberculin test -- Herd to be located in modified accredited areas. Each herd subject to this article must be located in an area within the state which meets the requirements of a mod…

Rule 12:17:04:03 Brucellosis test -- Herd to be located in modified accredited area. 12:17:04:03. Brucellosis test -- Herd to be located in modified accredited area. Each herd subject to this article shall be located in an area within the state which meets the requirements of cha…

Rule 12:17:04:04 Milking facility and housing. 12:17:04:04. Milking facility and housing. A milking facility which permits sanitary milking operations must be provided. It must be well lighted and ventilated, and the floors and gutter in the milking area must be constructed of co…

Rule 12:17:04:05 Protection when straining and transferring milk. 12:17:04:05. Protection when straining and transferring milk. If milk is exposed during straining or transferring in the milking areas, it must be protected from falling particles from areas above the milk handling…

Rule 12:17:04:06 Yard or loafing area -- Size -- Drainage -- Cleanliness. 12:17:04:06. Yard or loafing area -- Size -- Drainage -- Cleanliness. The yard or loafing area shall be of ample size to prevent overcrowding, shall be drained to prevent forming of standing water pools, an…

Rule 12:17:04:07 Preparation of cows before milking. 12:17:04:07. Preparation of cows before milking. The udders and flanks of all milking cows must be kept clean. The teats must be sanitized and wiped dry immediately before milking. Source: SL 1975, ch 16, § 1; 7 SDR 125, effect…

Rule 12:17:04:08 Cleanliness of milker. 12:17:04:08. Cleanliness of milker. The milker's outer clothing shall be clean and his hands clean and dry. No person with an infected cut or open sores on his hands or arms shall milk cows or handle milk, milk containers, utensils, or equi…

Rule 12:17:04:09 Storage of milking equipment -- Prohibited actions during milking. 12:17:04:09. Storage of milking equipment -- Prohibited actions during milking. Milk stools, surcingles, and antikickers must be kept clean and stored above the floor in a clean place. Dusty opera…

Rule 12:17:04:10 Cooling and storing of milk. 12:17:04:10. Cooling and storing of milk. Milk in farm bulk tanks must be cooled to forty-five degrees Fahrenheit or lower within two hours after milking. The blend temperature after the first milking and subsequent milkings may not e…

Rule 12:17:04:11 Milkroom to be provided. 12:17:04:11. Milkroom to be provided. A milkroom that is conveniently located, has one or more outside walls, is well lighted, is ventilated, and is heated to above freezing shall be provided. The milkroom shall be used for the handling a…

Rule 12:17:04:12 Milkroom partitions, floors, drainage, and door openings. 12:17:04:12. Milkroom partitions, floors, drainage, and door openings. If the milkroom is part of a barn or an adjoining building, it must be separated by a solid partition that includes tight-fitting and …

Rule 12:17:04:13 Equipment required in milkroom. 12:17:04:13. Equipment required in milkroom. Milkrooms must be equipped with a two-compartment vat for washing and rinsing, a utensil rack, and milk cooling facilities. The milkroom must have water under pressure to a thermostatica…

Rule 12:17:04:14 Location of cooling tank -- Visual inspection. 12:17:04:14. Location of cooling tank -- Visual inspection. The location of a farm bulk tank must permit access to all areas in the milkroom for cleaning and servicing. It may not be located over a floor drain or und…

Rule 12:17:04:15 Loading facilities -- Hose port and truck approach. 12:17:04:15. Loading facilities -- Hose port and truck approach. The milkroom must have a convenient and accessible hose port opening in the wall for the transfer of milk from the bulk tank to the transport tank…

Rule 12:17:04:16 Utensils and equipment. 12:17:04:16. Utensils and equipment. Utensils and equipment used in the handling of milk must be constructed and maintained as follows: (1) Utensils, milking machines, pipeline systems, farm bulk tanks, and other equipment used in the hand…

Rule 12:17:04:17 Water supply. 12:17:04:17. Water supply. The dairy farm water supply must be safe, clean, and ample for the cleaning of dairy utensils and equipment. The water supply must meet the bacteriological standards established by the Department of Agriculture and Natural…

Rule 12:17:04:18 Sewage disposal. 12:17:04:18. Sewage disposal. Milkroom and toilet wastes shall be disposed of in a manner that does not pollute the soil surface or contaminate any water supply and is not exposed to insects. The disposal systems must comply with article 74:03. S…

Rule 12:17:04:19 Storage and labeling of medicinals and drugs. 12:17:04:19. Storage and labeling of medicinals and drugs. Drugs and medicinals must be stored in a manner that prevents contamination of the milk or the portions of the equipment, containers, or utensils that come in…

Rule 12:17:05:01 Composite or fresh milk sampling required. 12:17:05:01. Composite or fresh milk sampling required. Each delivery of milk offered for sale from a producer must be sampled by the milk buyer, licensed hauler/grader, or licensed fieldman by composite or fresh milk sa…

Rule 12:17:05:02 Sampling procedures. 12:17:05:02. Sampling procedures. All milk samples taken under this article for any purpose shall be taken by the procedure prescribed in the Standard Methods for the Examination of Dairy Products. Source: SL 1975, ch 16, § 1; 12 SDR 102, eff…

Rule 12:17:05:03 Methods for testing fat in milk. 12:17:05:03. Methods for testing fat in milk. Milk samples taken in accordance with § 12:17:05:01 must be tested to determine the milk fat content by the Babcock test method as prescribed in the Standard Methods for the Examinatio…

Rule 12:17:05:04 Future dairy farms and milk plants. 12:17:05:04. Future dairy farms and milk plants. Plans for the construction of all milkhouses, milking barns, stables, parlors, transfer stations, receiving stations, and milk plants regulated under this article which are to be…

Rule 12:17:06:01 Requirements for licensed dairy plants. 12:17:06:01. Requirements for licensed dairy plants. Licensed manufacturing grade dairy plants must meet the requirements set forth in the General Specifications for Dairy Plants Approved for USDA Inspection and Grading Ser…

Rule 12:17:06:02 Labeling and packaging of milk and milk products. 12:17:06:02. Labeling and packaging of milk and milk products. Milk and milk products must be labeled and packaged in accordance with the Federal Food, Drug, and Cosmetic Act Chapter 9 §341-350 1-1, as amended to …

Rule 12:17:06:03 Quality specifications for raw materials. 12:17:06:03. Quality specifications for raw materials. Raw materials must meet the following quality specifications: (1) Raw milk must meet the requirements in §§ 12:17:03:01 to 12:17:03:24, inclusive. Raw milk must be co…

Rule 12:17:07:01 Manufactured grade dairy products. 12:17:07:01. Manufactured grade dairy products. Cheeses, processed cheeses, cheese foods, cheese spreads, nonfat dry milk, evaporated milk, ice cream, sherbet, goat milk ice cream, dry whey, whey, and related foods manufactured,…

Rule 12:17:10:01 Milkfat content of light butter. 12:17:10:01. Milkfat content of light butter. The milkfat content of light butter shall be no more than 52 percent butterfat. Source: 17 SDR 204, effective July 8, 1991. General Authority: SDCL 40-32-18. Law Implemented: SDCL 40-3…

Rule 12:17:10:02 Vitamin "A" required. 12:17:10:02. Vitamin "A" required. Vitamin A must be added to light butter to provide 15,000 international units per pound. Source: 17 SDR 204, effective July 8, 1991. General Authority: SDCL 40-32-18. Law Implemented: SDCL 40-32-18.

Rule 12:17:10:03 Optional ingredients. 12:17:10:03. Optional ingredients. Light butter may contain the following optional ingredients: (1) Water; (2) Salt or salt substitutes; (3) Bacterial cultures; (4) Nutritive sweeteners; (5) Emulsifiers and stabilizers; (6)Color additives; (…

Rule 12:17:10:04 Repealed. 12:17:10:04. Label declaration. Repealed. Source: 7 SDR 204, effective July 8, 1991; repealed, 25 SDR 85, effective December 20, 1998.

Rule 12:17:11:01 Official tests. 12:17:11:01. Official tests. Tests performed pursuant to this article must be performed by official laboratories, must be approved by the department, and must be in accordance with the Standard Methods for the Examination of Dairy Products and Off…

Rule 12:19:01:01 Definitions. 12:19:01:01. Definitions. Terms defined in SDCL 1-26 and 38-32-1 have the same meaning when used in this article. In addition, as used in this article, "checkoff fee" means the assessment imposed by SDCL 38-32-15 upon all corn marketed to a first pur…

Rule 12:19:01:02 Obtaining a declaratory ruling. 12:19:01:02. 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 12:19:01:03 Council action on petition. 12:19:01:03. 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 the receipt of the pe…

Rule 12:19:01:04 Petition for contested case hearing. 12:19:01:04. Petition for contested case hearing. In a contested case, as defined in SDCL 1-26-1(2), concerning a refund or checkoff fees, a person aggrieved by an action of the council taken without a hearing may, within 30 d…

Rule 12:19:01:05 Notice of hearing. 12:19:01:05. 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: 15 SDR 54, effe…