South Dakota Department of Agriculture (SDDA)
Ag Services
523 E. Capitol Ave.
Pierre, SD 57501
RE: Proposed Raw Milk Rules - Article 12:81
Dear Sec. Lentsch:
As a South Dakota resident, I want to thank you for amending your proposed rules. I appreciate the removal of the language "offer and provide," replaced with "sale" of raw milk, the elimination of various animal-health requirements since they already are in place under state animal-industry regulations, and the deletion of a second re-test sample requirement after contamination.
However, the amended rules are still a major concern since they still create an economic barrier and encroach on personal freedoms. These rules will eliminate any small farmer from selling raw milk -- which also eliminates the freedom to purchase and consume the milk of one's choice. Producers of raw milk for commercial sale for human consumption in South Dakota are currently subject to health testing, labeling, and other safety precautions. These proposed rules do not increase public safety; instead, they add a lot of burdensome red tape.
The following are my specific concerns and requests for changes:
1) 12:81:03:01 Delete "There shall be no direct openings between the milk packaging area and milking operations".
* This will cost producers extra money, cause major inconvenience, and does not contribute to public health.
* This is inconsistent with current rule 12:17:04:12 which allows a door in between rooms.
2) 12:81:02:02, 12:81:03:04 Delete coliform testing requirements. Corresponding sections, including 12:81:03:03(4), 12:81:04:02, 12:81:04:04, should be amended to match.
* Coliform testing is new and does not fit the stated intent of the rules.
* Proposed level of 10 per/ml is too low. Other states set this limit as high as 100 or don't even test for this.
* Raw milk contains naturally occurring, beneficial bacteria which exit the animal's udder higher than the limit of 10.
3) 12:81:03:03 Change Bacteria Limits in 12:81:03:03, address conflict between it and 12:17:03:09 in 12:81:04:01
* Current rule 12:17:03:09 for bacteria of 500,000 per/ml is adequate. New rule of 20,000 is too low.
4) 12:81:02:02, 12:81:03:04 Delete pathogen testing requirements. Corresponding sections, including 12:81:03:03(5), should be amended to match.
* Pathogen testing not necessary. Utah just suspended pathogen testing because the state lab never saw a confirmed positive test result.
5) 12:81:03:05 Delete warning label and bottling date requirements.
* Current statute is adequate requiring a "raw milk" label to be placed on bottles of raw milk sold direct-to-consumer.
* It is impossible for the producers to attach such a warning label to their current bottles and prohibitively expensive to buy new bottles.
* Bottling dates are not needed when milk is sold fresh, direct-to-consumer.
6) Miscellaneous: *12:81:01:01(1) definition offered conflicts with a similar definition in 12:17:01:01; *12:81:01:01(5) definition conflicts with 12:17:01:01(2); *12:81:01:01(6) definition conflicts with 12:17:01:01(19); *12:81:02:01 repetitive paragraphs should be streamlined for clarity; *12:81:02:02 paragraph 4 should be removed as it is not pertinent to this section, is repetitive, and does not provide the standards for sample confirmation and re-tests as stated in 12:81:04:04;*additionally, suspension of a permit based on one non-specific pathogen test yields no additional public safety measures while placing severe undue burden on small producers; *12:81:02:02 conflicts with 12:17:04:10 in 12:81:04:01,*12:81:04:01 several provisions in this section conflict with provisions outlined elsewhere in the proposed rules. This section needs to be streamlined for clarity. Issues are listed here: *12:17:02:11conflicts with proposed 12:81:04:04, *12:17:02:13 conflicts with proposed 12:81:04:02, *12:17:02:14 conflicts with proposed 12:81:04:03, *12:17:03:09 conflicts with proposed 12:81:03:03(3), *12:17:03:22 Somatic Cell Count requirements should be part of 12:81:03:03 and made relevant to raw milk (Cows & Goats); *12:81:04:01 paragraph 2 should be clarified to ensure these requirements only apply to milk that is sold as Grade A. *12:81:04:02 to 12:81:04:05 inclusive - these sections should be deleted and relevant rules written that are directly applicable to raw milk. *Several provisions conflict with current rule and therefore with the proposed rules themselves under 12:81:04:01. *New standards are introduced that are not included in 12:81:03:03. *Standards for permit suspension and reinstatement are unclear and included in several different provisions. These sections should be rewritten for clarity.
Thank you for making these changes so that the raw milk rules are streamlined for clarity in accordance with your stated intent, in the spirit of Gov. Daugaard's Better Government Initiative.
Sincerely,
Name __________________________________________________
Address ________________________________________________
________________________________________________________
