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;
(3)Define individual milk products and set standards for each;
(4)Determine and define methods of production, manufacture, and processing of milk and milk products;
(5)Determine and define construction and sanitation standards for dairy farms and milk plants;
(6)Determine and define construction and sanitation standards for equipment used on dairy farms and milk plants, including transportation equipment for milk and milk products;
(7)Determine and define proper container capacities, labeling, and advertising;
(8)Determine and define duties and responsibilities of a dairy fieldman; and
(9)Review and approve plans and specifications prior to construction.
Source: SDC 1939, §4.1901; SL 1943, ch 9, §13; SL 1957, ch 92, §10; SDC Supp 1960, §4.1910; SL 1969, ch 8, §7; SL 1980, ch 280, §7; SL 1986, ch 326, §91; SL 2009, ch 205, §10; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
Structure South Dakota Codified Laws
Title 40 - Animals and Livestock
Chapter 32 - Milk Plants Producers And Distributors
Section 40-32-1 - Purpose of chapter.
Section 40-32-2 - Definition of terms.
Section 40-32-5 - License fees.
Section 40-32-6 - Milk plant license--Contents--Posting.
Section 40-32-7 - Transfer of plant licenses restricted.
Section 40-32-8 - Annual expiration of license.
Section 40-32-9 - Suspension of license for failure to comply with law.
Section 40-32-10.1 - Producer's permit required.
Section 40-32-10.2 - Issuance of producer's permit--Compliance with rules and regulations.
Section 40-32-10.3 - Renewal of producer's permit not required--Transfer of permits.
Section 40-32-10.4 - Suspension of producer's license or permit--Grounds--Sanctions--Court action.
Section 40-32-10.5 - Revocation of producer's permit--Hearing required--Suspension prior to hearing.
Section 40-32-10.6 - Dairy fieldman's service provided by plant.
Section 40-32-10.7 - Dairy fieldman's license required--Application and fee--Expiration.
Section 40-32-10.9 - Revocation of dairy fieldman's license--Hearing required.
Section 40-32-11 - Tester and grader to be maintained in dairy products plant--License required.
Section 40-32-12 - Application for tester and grader's license--Fee--Examination of applicant.
Section 40-32-13 - Licenses for sampling and grading.
Section 40-32-15 - License withheld from applicant not meeting requirements.
Section 40-32-16 - Posting of tester and grader's license.
Section 40-32-18 - Promulgation of rules.
Section 40-32-21 - Exemption of operations otherwise regulated.
Section 40-32-22 - Records and reports to secretary.
Section 40-32-23 - Access of department to premises, vehicles, and records--Taking of samples.
Section 40-32-25 - Inspection service fee for each dairy farm--Raw milk assessment fee.
Section 40-32-26 - Reinspection fee--When assessed.
Section 40-32-27 - Inspection fee for milk plants.
Section 40-32-28 - Penalty for delinquent payments.
Section 40-32-29 - Dairy inspection fund established--Expenditures.
Section 40-32-31 - Cooperation with secretary required--Refusal as misdemeanor.
Section 40-32-32 - Assistance of police in inspection.
Section 40-32-33 - Contraband.
Section 40-32-34 - Seizure or quarantine of contraband--Tagging--Violation as misdemeanor.
Section 40-32-35 - Petition for condemnation of contraband--Hearing--Disposal of contraband.