S.D. Admin. R. 12:05:03:02

Current through Register Vol. 51, page 67, December 16, 2024

Section 12:05:03:02 - Suspension and revocation of permit - Procedure

The secretary shall suspend a permit under one or more of the following conditions:

(1) If the secretary has reason to believe that milk or milk products may contain one or more of the following:

(a) Toxins;

(b) Pathogenic organisms;

(c) Chemical residues;

(d) Any other substances hazardous to public health; or

(e) Any violative drug residue;

(2) If the permit holder has violated any of the requirements of this article; or

(3) If the permit holder has interfered with the secretary in the performance of duties.

In all cases described in this section, except where the milk or milk product involved creates or appears to create an imminent hazard to public health, and in all cases of willful refusal to permit an authorized inspection, the secretary shall serve upon the holder a written notice of intent to suspend the permit before making any order of suspension effective. The notice shall specify the violation in particular and shall give the holder a reasonable opportunity to correct the violation, as agreed to by both parties or as fixed by the secretary in the absence of agreement. The inspection report required in the PMO may serve as written notice. A permit suspension shall remain in effect until the violation has been corrected to the satisfaction of the secretary. Upon repeated violation, the secretary may revoke the permit in accordance with SDCL 40-32-10.5. This section does not preclude the institution of court action.

S.D. Admin. R. 12:05:03:02

SL 1975, ch 16; 46 SDR 046, effective 10/8/2019

General Authority: SDCL 39-6-9.

Law Implemented: SDCL 39-6-9, 39-6-15, 39-6-16.