40-32-1. Purpose of chapter. The purpose of this chapter is to protect the public health by securing the wholesomeness and purity of milk and milk products, and to prevent fraud and deception in the purchase, manufacture, and sale of milk and milk products. Source: SL 1957, ch 92, §1; SDC Supp 1960, §4.1901.
40-32-10. Revocation or suspension of plant license for violations–Notice and opportunity to defend. The secretary shall, upon evidence of violations of the provisions of this chapter and chapters 39-6, 39-7, and 39-8, and any rules promulgated pursuant to those chapters, revoke or suspend any dairy products plant license. However, no license may be revoked except […]
40-32-10.1. Producer’s permit required. A producer engaged in the business of producing milk and offering for sale such milk for purposes other than Grade A milk pursuant to the provisions of chapter 39-6 and before the milk is to be transported from the premises of the producer, shall obtain a permit from the secretary. A […]
40-32-10.2. Issuance of producer’s permit–Compliance with rules and regulations. All milk plants shall submit to the secretary of agriculture and natural resources a list of all such producers who are currently doing business with them and supply the secretary with sufficient information upon which he shall issue a permit, providing that the secretary shall have […]
40-32-10.3. Renewal of producer’s permit not required–Transfer of permits. Each permit issued under §40-32-10.2 shall be to the producer and the location named therein and need not be renewed unless revoked by the secretary of agriculture and natural resources. No permit shall be transferable to another location but may be transferred from one producer to […]
40-32-10.4. Suspension of producer’s license or permit–Grounds–Sanctions–Court action. The department may suspend a producer’s license or permit upon failure by the holder of the permit to comply with any of the terms of state statute or promulgated rule or for interference with inspection. In addition to the administrative sanctions available to the department pursuant to […]
40-32-10.5. Revocation of producer’s permit–Hearing required–Suspension prior to hearing. A producer’s permit may be revoked by the secretary of agriculture and natural resources for due cause after the holder of a permit has been given the opportunity for a hearing before the secretary. The secretary shall, upon the request of the holder of a permit, […]
40-32-10.6. Dairy fieldman’s service provided by plant. Any milk plant purchasing milk for purposes other than Grade A as set forth in chapter 39-6 shall provide adequate and continuous service of a dairy fieldman in determining for the secretary of agriculture and natural resources by inspection of each dairy farm selling milk to such plant […]
40-32-10.7. Dairy fieldman’s license required–Application and fee–Expiration. Any person performing the duties of a dairy fieldman shall first obtain a license by applying on a form provided by the secretary of agriculture and natural resources. Upon receipt of the application and a fee of fifty dollars, the secretary shall determine if the applicant is competent […]
40-32-10.8. Dairy fieldman’s assistance in reinstatement of producer’s permit–Exclusive authority of secretary to suspend permit. The secretary of agriculture and natural resources may make provisions for the dairy fieldman’s assistance in the reinstatement of a producer permit: Provided, that a suspension of a producer’s permit shall only be made by the secretary or his duly […]
40-32-10.9. Revocation of dairy fieldman’s license–Hearing required. The secretary of agriculture and natural resources may revoke a dairy fieldman’s license for due cause after the holder of the license has been given an opportunity for a hearing, the holder of the license shall be given notice in writing of the time and place of such […]
40-32-11. Tester and grader to be maintained in dairy products plant–License required. A tester and grader of cream and milk, duly qualified to sample, test, and grade cream and milk and licensed as required in §§40-32-12 to 40-32-16, inclusive, shall be maintained in every creamery, cream station, or milk plant. No individual can sample, test, […]
40-32-12. Application for tester and grader’s license–Fee–Examination of applicant. Applications for a tester and grader’s license shall be made on forms prescribed and provided by the secretary of agriculture and natural resources. Upon receipt of an application and a fee of fifty dollars, each applicant shall be given an examination prescribed by the secretary. The […]
40-32-13. Licenses for sampling and grading. An application for a sampling and grading license shall be made on forms prescribed and provided by the secretary of agriculture and natural resources. A fee of fifty dollars shall be submitted with the application. A license shall be issued to persons for sampling and grading of milk at […]
40-32-14. Issuance of tester and grader’s license or sampling and grading license–Duration. After successful completion of the examination required by §§40-32-12 and 40-32-13, the secretary of agriculture and natural resources shall issue a tester and grader’s license or sampling and grading license. Each license is valid for one year or any fraction thereof and terminated […]
40-32-15. License withheld from applicant not meeting requirements. The secretary of agriculture and natural resources may withhold a tester and grader’s license or a sampling and grading license from any applicant who does not meet the licensing requirements. Source: SL 1943, ch 9, §5; SL 1951, ch 111, §4; SL 1957, ch 92, §4; SDC […]
40-32-16. Posting of tester and grader’s license. Each tester and grader’s license shall be posted in a conspicuous place in the room where the testing and grading is done. Source: SL 1943, ch 9, §5; SL 1951, ch 111, §4; SL 1957, ch 92, §4; SDC Supp 1960, §4.1904; SL 1969, ch 8, §3.
40-32-17. Suspension or revocation of tester and grader’s or sampler and grader’s license–Violation as ground for revocation. The secretary of agriculture and natural resources may suspend or revoke a tester and grader’s license or a sampler and grader’s license of any person who fails to comply with the provisions of this chapter. Conviction of a […]
40-32-18. Promulgation of rules. The secretary of agriculture and natural resources may promulgate rules pursuant to chapter 1-26 as may be needed to: (1)Determine and define grades of milk and price differentials to be paid between grades; (2)Determine and define methods of testing and grading and records to be kept of such testing and grading; […]
40-32-2. Definition of terms. Terms as used in this chapter, mean: (1)”Bulk milk pick-up tanker,” any vehicle, including the truck, tank, and those appurtenances necessary for the tank’s use, used by a bulk milk hauler or sampler to transport bulk raw milk for pasteurization from a dairy farm to a milk plant, receiving station, or […]
