S.D. Admin. R. 12:05:03:03
If a permit suspension is due to a violation of any of the bacterial, coliform, or cooling temperatures standards, the secretary shall issue a temporary permit upon receipt of a written application for reinstatement of permit and an inspection of the facilities and operating methods to determine that the conditions responsible for the violation have been corrected and resampling indicates that the milk or milk product is within acceptable limits. Samples shall then be taken at the rate of at least one per week within a three-week period, and the secretary shall reinstate the permit upon compliance with the appropriate standard as determined in accordance with the PMO. Any sample not in compliance within the three-week period shall result in an automatic suspension.
If a permit suspension is due to a violation of the somatic cell count standard, the secretary shall issue a temporary permit if a resampling of the herd's milk supply indicates the milk supply to be within acceptable limits. Samples shall then be taken at the rate of two per week on separate days within a three-week period. Any sample not in compliance within the three-week period shall result in an automatic suspension.
If a permit suspension is due to positive 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 residue. The producer's permit shall be a full Grade "A" permit if the department receives within 15 days a follow-up inspection conducted by the secretary detailing the cause of the producer's drug residue, actions taken to prevent future violations including on farm changes in procedures necessary to prevent future occurrences, and discussion and education of drug residue avoidance control measures.
If the department fails to receive the completed follow-up inspection signed by the producer and the secretary within 15 days, the producer's Grade "A" temporary permit is automatically suspended until the department receives the completed and signed follow-up inspection.
S.D. Admin. R. 12:05:03:03
General Authority: SDCL 39-6-9.
Law Implemented: SDCL 39-6-9, 39-6-15, 39-6-16.