Terms defined in SDCL 39-6-1 and SDCL 40-32-2 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) "Accredited Laboratory," a laboratory for the examination of producer samples of raw milk and commingled milk tank samples of raw milk for somatic cell limits, drug residues, and bacterial limits using the approved methods found in the Association of Official Agricultural Chemists (AOAC) and United States Food & Drug Administration Bacteriological Analytical Manual (FDA-BAM) for pathogen testing in milk, and successfully participates in a food pathogen testing proficiency program;(2) "Adulterated raw milk for human consumption," any raw milk for human consumption 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;(3) "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;(4) "Official sample," milk or water sample collected by a sampler that is licensed by the department using the universal sampling system as defined in Appendix B of the Grade "A" Pasteurized Milk Ordinance;(5) "Pathogenic Bacteria," bacteria that have been shown to be virulent in humans;(6) "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;(7) "PMO," "Grade "A" Pasteurized Milk Ordinance," the Grade "A" Pasteurized Milk Ordinance (PMO) and Appendices, except sections 16 and 17, United States Public Health Service.S.D. Admin. R. 12:81:05:01
41 SDR218, effective 6/30/2015; 43 SDR 85, effective 12/12/2016; 46 SDR 046, effective 10/8/2019General Authority: SDCL 39-6-9, 40-32-18.
Law Implemented: SDCL 39-6-1, 40-32-2.
"Grade A Pasteurized Milk Ordinance," 2017, 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, 5001 Campus Drive College Park, MD 20740-3835; no charge. The request must include a self-return label. "The Official Methods of Analysis of the AOAC International," 19th edition, 2012, Dr. George Latimer, Jr., Editor, AOAC International, 481 N. Frederick Avenue, Suite 500, Gaithersburg, MD 20877 USA. "United States Food and Drug Administration Bacteriological Analytical Manual (BAM)," 8th Edition, 1998, Thomas Hammack, Peter Feng, Karen Jinneman, Patrick M. Regan, Julie Kase, Palmer Orlandi, William Burkhardt, Editors, may be obtained on line from http://www.fda.gov/Food/FoodScienceResearch/LaboratoryMethods/ucm2006949.htm.