South Dakota Administrative Rules
Title 12 - Department of Agriculture
Article 12:81 - Sale of raw milk for human consumption
Chapter 12:81:09 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION
Section 12:81:09:08 - Reinstatement of permit - Suspension due to quality standards

Universal Citation: SD Admin Rules 12:81:09:08
Current through Register Vol. 50, page 114, March 25, 2024

If a permit suspension is due to a violation of the somatic cell standard, the secretary shall issue a three-week temporary permit if a resampling of the herd's milk supply indicates the milk supply to be within acceptable limits. Official somatic cell samples shall be taken and analyzed at an accredited laboratory approved by the department at a rate of at least two per week on separate days within the three-week period. Any sample not in compliance within the three-week period shall result in an automatic suspension of the producer's permit. The secretary shall reinstate the permit upon compliance with the applicable quality standard set in § 12:81:07.

If a permit suspension is due to a violation of any of the standards, except for the somatic cell standard or pathogenic bacteria, the secretary shall, within one week after the receipt of notification for reinstatement and receipt of acceptable results of a resampling of the herd's milk supply, issue a three-week temporary permit after determining by an inspection of the facilities and operating methods that the conditions responsible for the violation have been corrected. Official samples shall be taken at the producers expense, and analyzed at an accredited laboratory approved by the department, at a rate of one per week for three weeks. Any sample not in compliance within the three-week temporary permit shall result in an automatic suspension of the producer's permit. The secretary shall reinstate the permit upon compliance with the applicable quality standards set in § 12:81:07.

General Authority: SDCL 39-6-9(1) to 39-6-9(11), inclusive, 40-32-18(2) to 40-32-18(7), inclusive.

Law Implemented: SDCL 39-6-3, 39-6-15, 40-32-1, 40-32-10.1, 40-32-10.3, 40-32-10.4, 40-32-22, 40-32-23.

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