If official laboratory test results indicate that a sample of raw milk for human consumption contains presumptively pathogenic bacteria, the milk producer must be notified immediately. The milk producer shall immediately notify consumers and the raw milk must be removed from supplies intended for human consumption. The milk producer may only market the raw milk to a licensed milk buyer for further processing, pending the official laboratory results indicating the presence or absence of pathogenic bacteria. An official sample must immediately be collected and tested, at the producer's expense, for the contamination that led to the stop sale and recall of raw milk for human consumption. If the official laboratory results confirm that the raw milk for human consumption contains pathogenic bacteria, the producer's permit to sell raw milk for human consumption is suspended.

The department shall reinstate the milk producer's permit if the sample meets the standards outlined in §§ 12:81:07:02 and 12:81:07:03 and the milking facility successfully passes an inspection.

Source: 41 SDR 212, effective June 30, 2015.

General Authority: SDCL 39-6-9(1) , 39-6-9(2) , 39-6-9(4) , 39-6-9(5) , 40-32-18(2) , 40-32-23.

Law Implemented: SDCL 39-6-1(6) , 39-6-15 , 40-32-1 , 40-32-10.4 , 40-32-33.