Terms defined in SDCL 39-6-1 and SDCL 40-32-2 and in the Grade "A" Pasteurized Milk Ordinance have the same meanings when used in this article. For purposes of this article:

1. (1) "Accredited Laboratory" means a laboratory for the examination of producer samples of raw milk and commingled milk tank samples of raw milk for somatic cell limits, drug residues, and bacterial limits using the approved methods found in the Association of Official Agricultural Chemists and United States Food & Drug Administration Bacteriological Analytical Manual for pathogen testing in milk, and successfully participates in a food pathogen testing proficiency program;
2. (2) "Adulterated raw milk for human consumption" means any raw milk for human consumption that bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health; bears or contains any added poisonous or deleterious substances for which no safe tolerance has been established by state or federal regulation or in excess of any tolerance established; consists in whole or in part of any substance unfit for human consumption; has been produced, processed, prepared, packed, or held under unsanitary conditions; has a container composed in whole or in part of any poisonous or deleterious substance that may render the contents injurious to health; or has any substance added to it or mixed or packed with it to increase its bulk or weight, reduce its quality or strength, or make it appear better or of greater value than it is;
3. (3) "Grade "A" Pasteurized Milk Ordinance" means the Grade "A" Pasteurized Milk Ordinance and Appendices, except sections 16 and 17, United States Public Health Service;
4. (4) "Misbranded milk and milk products" means products whose containers bear or accompany any false or misleading written, printed, or graphic matter and products that do not conform to their definitions as contained in this article;
5. (5) "Official sample" means any milk or water sample collected by a sampler who is licensed by the department using the universal sampling system as defined in Appendix B of the Grade "A" Pasteurized Milk Ordinance;
6. (6) "Pathogenic bacteria" means bacteria that have been shown to be virulent in humans;

7. (7) "Pesticide" means a substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; a substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; or a substance or mixture of substances intended to be used as a spray adjuvant.

   References: "Grade A Pasteurized Milk Ordinance," 2017, entire portion, published by Public Health Service/Food and Drug Administration, U.S. Department of Health and Human Services, Washington, D.C. 20740-3835. Copies may be obtained from the Milk Safety Branch HFS-626, Division of Cooperative Programs, Food and Drug Administration, 5001 Campus Drive, College Park, MD 20740-3835; no charge. The request must include a self-return label.

   "The Official Methods of Analysis of the AOAC International," 19^th edition, 2012, entire portion, Dr. George Latimer, Jr., Editor, AOAC International, 481 N. Frederick Avenue, Suite 500, Gaithersburg, MD 20877 USA.

   "United States Food and Drug Administration Bacteriological Analytical Manual (BAM)," 8th Edition, 1998, entire portion, Thomas Hammack, Peter Feng, Karen Jinneman, Patrick M. Regan, Julie Kase, Palmer Orlandi, William Burkhardt, Editors, may be obtained on line from http://www.fda.gov/Food/FoodScienceResearch/LaboratoryMethods/ucm2006949.htm.

Source: 41 SDR 218, effective June 30, 2015 ; 43 SDR 85, effective December 12, 2016 ; 46 SDR 46, effective October 8, 2019.

General Authority: SDCL 39-6-9 , 40-32-18.

Law Implemented: SDCL 39-6-1 , 40-32-2.

Prior versions effective: 2016-12-12, 2015-06-30.