South Dakota Department of Agriculture (SDDA)
Dairy & Egg Office
523 E. Capitol Ave.
Pierre, SD 57501
RE: Proposed Raw Milk Rules
Dear SDDA Personnel:
As a South Dakota citizen and consumer of raw milk, I am concerned about the proposed raw milk rules putting small farmers out of business, and consumers losing access to raw milk. The new proposed rules 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. The following are my specific concerns and requests for changes:
1) SDCL 39-6-9 At the April 15, 2013 meeting with the SDDA in Rapid City, raw milk consumers and producers asked SDDA representatives Darwin Kurtenbach and Courtney De La Rosa if the SDDA has statutory authority to promulgate rules for raw milk under 39-6-9 and they said no; 39-6-9 only refers to pasteurized milk and it would be removed from the draft raw milk rules presented at that meeting. Pursuant to that discussion, please remove all references to 39-6-9 in these proposed raw milk rules in Chapter12:81.
2) 12:81 Change the wording in the proposed rules of "bottled raw milk for human consumption" so that it refers only to the SALE of raw milk for human consumption. In any section where the words of "offer and provide" occur, they should be omitted /changed to "sell" or be clearly stated as pertaining only to the sale of raw milk.
3) 12:81:03:01 Delete "There shall be no direct openings between the milk packaging area and milking operations" because this will cost producers extra money, cause major inconvenience, and does not contribute to public health.
4) 12:81:02:02, 12:81:03:04 Delete pathogen testing requirements - Utah just eliminated pathogen testing of raw milk in April 2013.
5) 12:81:03:03 Delete the coliform count testing requirement. Raw milk contains naturally occurring, beneficial bacteria which come out of the animal higher than the limit of 10.
6) 12:81:03:04 Delete all of 12:81:03:04.
7) 12:81:03:05 Delete the warning label requirement because it is impossible for the producers to attach such a label to their current bottles and it would be prohibitively expensive to buy new bottles causing a significant financial impact.
8) 12:81:03:06 Delete 12:81:03:06 as, according to the South Dakota Animal Industry Board, South Dakota is a brucellosis- and tuberculosis-free state and current regulations are sufficient.
9) 12:81:04 Delete this entire Section because it relies on the existing confusing pasteurized milk rules, and also because these have process-related changes (e.g. physical facility requirements). These provisions need to be rejected and the proposed changes need to be removed.
Thank you for making these changes.
Sincerely,
Name __________________________________________________
Address ________________________________________________
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