40-32-20. Coloring matter mixed with products unfit for human consumption–Failure to comply as misdemeanor. The grader or the secretary’s authorized representative, who is grading milk or milk products, shall thoroughly mix with any unlawful milk or milk products, as defined under this chapter or the regulations pertaining thereto, a harmless coloring matter as will render […]
40-32-21. Exemption of operations otherwise regulated. Any part of a milk plant’s operations subject to Grade A regulations as set forth in chapter 39-6 or in chapter 39-8, is exempt from all provisions of this chapter except the licensing provisions. Source: SL 1957, ch 92, §1; SDC Supp 1960, §4.1901.
40-32-22. Records and reports to secretary. The secretary of agriculture and natural resources may require such reports and records kept and sent to his office as may be needed for the proper enforcement of this chapter. Source: SL 1957, ch 92, §9; SDC Supp 1960, §4.1909; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, […]
40-32-23. Access of department to premises, vehicles, and records–Taking of samples. The department shall have access, ingress, and egress to all places of business, factories, buildings, or related areas where any milk or milk products are produced, bought, manufactured, held, or stored, including any vehicles used for the transportation of milk or milk products. The […]
40-32-25. Inspection service fee for each dairy farm–Raw milk assessment fee. A milk plant or marketing organization of milk, milk products, sheep milk, or goat milk that processes or markets Manufacturing Grade or Grade A milk shall pay an inspection service fee for each dairy farm. The inspection fee shall be one hundred dollars per […]
40-32-26. Reinspection fee–When assessed. A reinspection fee of two hundred dollars per inspection shall be paid to the secretary by the milk plant or marketing organization for each dairy farm inspection exceeding the required biannual Grade A or annual Manufacturing Grade farm facility inspection resulting from adverse actions such as farm permit suspension, degrade, or […]
40-32-27. Inspection fee for milk plants. Each milk plant requiring inspection service from the department on pasteurization units shall annually pay two hundred fifty dollars per pasteurization unit to the secretary. The inspection fee shall be paid annually and is due July first of each year. A one-hundred-fifty-dollar resealing fee for any pasteurization unit shall […]
40-32-28. Penalty for delinquent payments. The department shall impose a penalty in addition to the inspection fee that is more than one month delinquent. Such penalty shall be ten percent of the total fee each month or portion of a month. Source: SL 1988, ch 329, §5.
40-32-29. Dairy inspection fund established–Expenditures. Funds collected pursuant to this chapter shall be deposited with the state treasurer in a special fund known as the dairy inspection fund. Expenditures of these funds shall be made pursuant to provisions of chapter 4-7, not to exceed sixty percent of the total dairy program budget. The department shall […]
40-32-3. Exemption of charitable, public, and educational institutions not producing for sale. This chapter shall in no way apply to religious, hospital, charitable, state, county, or educational institutions or organizations not engaged in the business of manufacturing or processing for sale, milk or milk products. Source: SL 1957, ch 92, §1; SDC Supp 1960, §4.1901.
40-32-31. Cooperation with secretary required–Refusal as misdemeanor. Any person dealing in any product governed by this chapter shall give the secretary all aid within his power in discovering any product, and all records pertaining to that product, which may be suspected of being in violation of this chapter. Any refusal to render such aid is […]
40-32-32. Assistance of police in inspection. The secretary may, by written or oral notice, require any police officer to assist in inspecting any place or product subject to the provisions of this chapter. Source: SL 1992, ch 290, §2.
40-32-33. Contraband. Any milk or milk product which is adulterated, misbranded, or otherwise illegal is contraband and subject to condemnation and disposal as provided in §§40-32-34 and 40-32-35. Source: SL 1992, ch 290, §3.
40-32-34. Seizure or quarantine of contraband–Tagging–Violation as misdemeanor. The secretary may seize or quarantine by tagging or otherwise marking any milk or milk product which is, or which is suspected of being, contraband and for this purpose is vested with police powers. The tag or marking shall be notice to all persons not to remove […]
40-32-35. Petition for condemnation of contraband–Hearing–Disposal of contraband. The secretary upon seizing or quarantining contraband pursuant to §40-32-34 may, within two days, petition the circuit court for the county in which the contraband material is found for condemnation of the material. The court shall fix a time and place of hearing and provide for reasonable […]
40-32-4. License required for milk plants, transporters, stations, distributors, and persons buying or selling milk products. Any person engaged in the operation of a receiving station, transfer station, bulk milk pick-up tanker, milk transport tank, plant fabricating single-service articles or milk distributor in South Dakota, or any person buying milk produced in South Dakota, or […]
40-32-5. License fees. The license fee for the following facilities requiring licenses is as follows: (1)In-state milk processing plant (by pounds of milk or milk product produced): (a)Less than 100,000 pounds per day, two hundred fifty dollars; (b)100,000 to 500,000 pounds, inclusive, per day, five hundred dollars; (c)Over 500,000 pounds per day, one thousand dollars; […]
40-32-6. Milk plant license–Contents–Posting. Each license for a milk plant shall record the name of the person owning or operating the plant licensed, the plant’s place of business, the location of the plant, the name of the manager, and the number of the license. Each license so issued shall constitute a license to the manager […]
40-32-7. Transfer of plant licenses restricted. No license for a milk plant is transferable from one person to another, but may be transferred from one location to another in the same municipality with the approval of the secretary of agriculture and natural resources. Source: SDC 1939, §4.1903; SL 1941, ch 4; SL 1945, ch 14; […]
40-32-8. Annual expiration of license. Each license issued pursuant to §40-32-5 is good for one year or any fraction thereof, and shall terminate on December thirty-first of each year. Source: SDC 1939, §4.1903; SL 1941, ch 4; SL 1945, ch 14; SL 1953, ch 8; SL 1957, ch 92, §3; SL 1965, ch 6; SL […]
