SUMMARY OF STATE RAW MILK LAWS

Raw milk sales are legal on the farm and through home delivery. Even though the state has adopted the Grade A Pasteurized Milk Ordinance (including Section 9 of the PMO which only permits the sale of pasteurized milk to the final consumer) it has created a statutory exemption for raw milk, cream, skim milk or goat milk occasionally secured or purchased for his personal use by any consumer at the place or farm where the milk is produced.” and for a “farm producer of milk, selling and delivering his own production direct to consumers only.”

Farmers are responsible for bottling the milk and must have a milk plant license in order to be able to use bottling equipment on their farm. They must clearly label each container as “raw milk.” According to the state Department of Agriculture, there are no farmers selling raw milk on any noticeable scale at the present time.

STATUTES

South Dakota Statutes
TITLE 39
CHAPTER 39-6

39-6-3.

Section 39-6-2 shall not apply to milk, cream, skim milk, or goat milk occasionally secured or purchased for his personal use by any consumer at the place or farm where the milk is produced, and provided further, that § 39-6-2 shall not apply to any active farm producer of milk, selling and delivering his own production direct to consumers only. The containers in which any unpasteurized milk is sold shall be clearly labeled by the producer as “raw milk.” Failure to affix such label is a Class 2 misdemeanor.

South Dakota Statutes
TITLE 40
CHAPTER 40-32

40-32-2.

Terms as used in this chapter, mean:

(10) “Milk plant,” any place where milk or milk products are delivered or processed for commercial purposes;

40-32-4.

Any person engaged in the operation of a creamery, cream station, receiving station, transfer station, plant fabricating single-service articles or milk distributor in South Dakota, or any person buying milk or cream produced in South Dakota, or any person selling milk or milk products, shall, before beginning business, obtain from the secretary a license for each place of business owned or operated by such person in South Dakota, and for each creamery, cream station, milk distributor, or milk plant buying or selling milk or milk products in South Dakota.

REGULATIONS
South Dakota Administrative Rules
TITLE 12 DEPARTMENT OF AGRICULTURE
ARTICLE 12:05 GRADE A MILK AND MILK PRODUCTS
CHAPTER 12:05:14 ADOPTION OF DOCUMENTS AND MINIMUM REQUIREMENTS

12:05:14:01. Minimum requirements.

The production, transportation, processing, handling, sampling, examination, grading, labeling, and sale of all milk and milk products and the inspection and suspension of permits for dairy farms, milk plants, receiving and transfer stations, milk tank truck cleaning facilities, milk tank trucks, bulk milk hauler/sampler, and single-service manufacturing plants shall be regulated in accordance with the provisions of the Grade A Pasteurized Milk Ordinance (PMO) (with the exception of sections 16 and 17) 2003 revision, published by Public Health Service/Food and Drug Administration, U. S. Department of Health and Human Services, Washington, D. C. The provisions of Article 12:05 supersede requirements of the PMO.

Last updated January 6th, 2011