* * * UPDATE ON RAW MILK RULES * * *
The SD Dept of Agriculture (SDDA) is holding yet another hearing in Pierre
WHEN: July 26, 2013 at 9:00 am CDT
WHERE: Room 414 of the Capitol Building
WHY?: for amended rules on the sale of raw (unpasteurized) milk
It is time for public comment once again to secure the availability of raw milk here in our state.
Recently the SDDA promulgated new rules which would have affected the availability of raw (unpasteurized) milk and even the choice of
“offering and providing” it. There was a public hearing in Pierre on June 6th and written public comment was accepted. During the June
hearing process, raw milk supporters sent in more than 700 letters to the South Dakota Department of Agriculture (SDDA).
Due to the Department of Agriculture’s missteps, the last hearing record will be discarded, and a new record will need to be created.
Raw dairy producers are small business people who have chores morning and night, and it will require great sacrifice for them to attend yet
another hearing in Pierre. In this era of state budget cost consciousness the taxpaying citizens of South Dakota will pay twice in footing the bill
for a second hearing. Citizens are asking for the option of being able to testify at DDN site locations around the state in order to save traveling
to Pierre.
Producers of raw milk for commercial sale in South Dakota are already subject to health testing, labeling, and other safety precautions; they
have been selling raw milk safely for years. The Department of Agriculture’s proposed rules do not increase public safety; instead, they add a
lot of burdensome red tape.
Apparently the initial public outcry made a difference and the SDDA threw out those first rules. However, they have “redrafted” those rules now
with only minor changes, and have included the same very stringent testing regime that will make it impossible to sell raw milk in this state.
The SDDA seems determined to stop the sale of raw milk in South Dakota.
***Please help again as we take on the task of protecting our freedom of food choice by writing yet another letter to the SDDA telling them
we do not want these new rules to go forward and become law. While it may not be possible for everyone to attend the hearing, it is
important to get as many people as possible to write comments to the SDDA – comments must be received by August 5, 2013. Included here
is a Form Letter that you may use, or feel free to write your own personal comments to make sure that the SDDA knows that we are not
going to accept this kind of control over our food choices in South Dakota.
If you care about maintaining citizens’ freedom of choice on this matter, RESPOND IN ONE OF THE FOLLOWING WAYS BEFORE AUGUST 5TH:
USPS SNAIL-MAIL written comments or the ATTACHED FORM LETTER TO:
Be sure to post it in time for it to arrive in Pierre before August 5 th.
ELECTRONIC E-MAIL comments to SDDA at agmail@state.sd.us until 5 p.m. CDT, Monday, August 5, 2013. In the subject
box reference Article 12:81 – Raw Milk Rules. You may copy and paste the ATTACHED FORM LETTER in the body of your message.
FACSIMILE (FAX) written comments or a copy of the attached form letter to 605-773-5926. Address it to SD Division of Agricultural
Policy; Attn: Courtney DeLaRosa, General Counsel and Division Director. Send it before 5 p.m. CDT, Monday, August 5, 2013.
If you are able to attend the hearing, GREAT! – maybe you can carpool with like-minded neighbors. Also, if you can prepare a written
statement to read at the hearing, that would be an added bonus!
Our voices can make a difference! They did in 2009 when SDDA received 266 letters from raw milk supporters! This time around
we had 700+ letters of support. Thank you! Now we need to do it again.
Attached is a list of key issues to address on a form letter which you can either sign and send, or re-write in your own words.
Please send your letter to the SDDA or attend the hearing – your participation WILL make a difference!
Content of this alert was prepared by the following producers of raw milk:
Lila Streff (Black Hills Goat Dairy)
John and Dawn Habeck (Black Hills Milk, LLC)
605-673-3554
605-645-9329
e-mail: bhgoatdairy@goldenwest.net
jdhabeck@mato.com
FOR THE LATEST UPDATES: www.facebook.com/blackhillsfoodfreedom
www.blackhillsgoatdairy.com or www.facebook.com/BlackHillsGoatDairy
www.blackhillsmilk.com
South Dakota Department of Agriculture (SDDA)
Ag Services
523 E. Capitol Ave.
Pierre, SD 57501
Dear Sec. Lentsch:
As a South Dakota citizen and consumer of raw milk, 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) 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) Delete warning label and bottling date requirements in 12:81:03:05
* 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 _________________________________________________________________________________________________