Terms defined in SDCL 39-6-1 and in the Grade "A" Pasteurized Milk Ordinance have the same meanings when used in this article. In addition, terms used in this article mean:
(1) "Adulterated milk and milk products," any milk or milk product which bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health; bears or contains any added poisonous or deleterious substances for which no safe tolerance has been established by state or federal regulation or in excess of any tolerance established; consists in whole or in part of any substance unfit for human consumption; has been produced, processed, prepared, packed, or held under unsanitary conditions; has a container composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health; or has any substance added to it or mixed or packed with it to increase its bulk or weight, reduce its quality or strength, or make it appear better or of greater value than it is;(2) "Dairy fieldman," an individual authorized by a milk buyer and licensed by the secretary to provide adequate and continuous field service to assist dairy producers in maintaining quality and sanitation requirements;(3) "Milk buyer," an individual, plant operation, partnership, corporation, company, association, or institution buying raw milk from South Dakota producers;(4) "Misbranded milk and milk products," products whose containers bear or accompany any false or misleading written, printed or graphic matter; products which do not conform to their definitions as contained in this article; and products not labeled in accordance with chapter 12:05:04;(5) "Pesticide," a substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; a substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; or a substance or mixture of substances intended to be used as a spray adjuvant;(6) "PMO," "Grade "A" Pasteurized Milk Ordinance"(7) "Processed," "processing," the physical pumping; separating; heating, including pasteurization; cooling; concentrating; treating with cultures or chemical; packaging; or any other method of handling or treating milk or milk products that is approved by the department;(8) "Secretary," the secretary of agriculture.S.D. Admin. R. 12:05:01:01
SL 1975, ch 16, § 1; 7 SDR 34, effective 10/13/1980; 12 SDR 102, effective 12/25/1985; 12 SDR 128, 12 SDR 154, effective 7/1/1986; 17 SDR 204, effective 7/8/1991; 25 SDR 85, effective 12/20/1998; 28 SDR 177, effective 6/27/2002; 30 SDR 203, effective 6/24/2004; 32 SDR 203, effective 6/6/2006; 35 SDR 183, effective 2/2/2009; 36 SDR 100, effective 12/14/2009; 36 SDR 208, effective 6/29/2010; 38 SDR 219, effective 6/26/2012; 41 SDR 119, effective 2/11/2015; 43 SDR 85, effective 12/12/2016; 46 SDR 046, effective 10/8/2019General Authority: SDCL 39-6-9.
Law Implemented: SDCL 39-6-9.
Grade A Pasteurized Milk Ordinance, 2015, published by Public Health Service/Food and Drug Administration, U.S. Department of Health and Human Services, Washington, D.C. 20740-3835. Copies may be obtained from the Milk Safety Branch HFS-626, Division of Cooperative Programs, Food and Drug Administration, 5100 Paint Branch Parkway, College Park, MD 20740-3835; no charge. This request must include a self-return label. "Evaluation of Milk Laboratories," 2015 Revision, published by Public Health Service/Food and Drug Administration, U.S. Department of Health and Human Services, Washington, D.C. 20740-3835. Copies may be obtained from the Milk Safety Branch HFS-626, Division of Cooperative Programs, Food and Drug Administration, 5100 Paint Branch Parkway, College Park, MD 20740-3835; no charge. This request must include a self-return label. "Methods of Making Sanitation Ratings of Milk Shippers," 2015 revision, published by Public Health Service/Food and Drug Administration, U.S. Department of Health and Human Services, Washington, D.C. 20740-3835. Copies may be obtained from the Milk Safety Branch HFS-626, Division of Cooperative Programs, Food and Drug Administration, 5100 Paint Branch Parkway, College Park, MD 20740-3835; no charge. This request must include a self-return label. "Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments," 2015 revision, published by Public Health Service/Food and Drug Administration, U.S. Department of Health and Human Services, Washington, D.C. 20740-3835. Copies may be obtained from the Milk Safety Branch HFS-626, Division of Cooperative Programs, Food and Drug Administration, 5100 Paint Branch Parkway, College Park, MD 20740-3835; no charge. This request must include a self-return label.