Title 40 — ANIMALS AND LIVESTOCK

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, § 4.19…

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 d…

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 secretar…

All milk plants shall submit to the secretary of agriculture and natural resources 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 h…

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 and natural resources. No permit shall be transferable to another location but may be transferred from one producer…

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 pur…

A producer's permit may be revoked by the secretary of agriculture and natural resources 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…

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 and natural resources by inspection of each dairy farm selling milk to suc…

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 and natural resources. Upon receipt of the application and a fee of fifty dollars, the secretary shall determine if the applicant is co…

The secretary of agriculture and natural resources 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 S…

The secretary of agriculture and natural resources 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 …

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 …

Applications for a tester and grader's license shall be made on forms prescribed and provided by the secretary of agriculture and natural resources. Upon receipt of an application and a fee of fifty dollars, each applicant shall be given an examination prescribed by the secretary…

An application for a sampling and grading license shall be made on forms prescribed and provided by the secretary of agriculture and natural resources. A fee of fifty dollars shall be submitted with the application. A license shall be issued to persons for sampling and grading of…

After successful completion of the examination required by §§ 40-32-12 and 40-32-13 , the secretary of agriculture and natural resources 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 termi…

The secretary of agriculture and natural resources 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…

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.

The secretary of agriculture and natural resources 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 suff…

The secretary of agriculture and natural resources 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 …

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…

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…

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.

The secretary of agriculture and natural resources 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; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. …

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…

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 doll…

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…

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…

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.

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 budg…

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.

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 C…

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.

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

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 mole…

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…

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 mi…

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…

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 man…

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 and natural resources. Source: SDC 1939, § 4.1903; SL 1941, ch 4 ; SL 1945, ch 14…

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 , …

The secretary of agriculture and natural resources 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 co…