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South Dakota Legislative Panel OKs Proposed Raw Milk Rules

November 14, 2013

A South Dakota Legislative panel on Tuesday approved proposed state rules covering the production, testing and labeling of raw milk sold in the state, but members of the committee suggested that the state Agriculture Department delay enforcement of the rules so the entire Legislature can discuss the regulations that are adamantly opposed by raw milk producers and their customers.

Rep. Timothy Johns, R-Lead, a member of the committee, said the issue is certain to arise early in the legislative session that opens in January, so it would make sense to delay the rules' effect until the full Legislature re-examines state policy on raw milk.

Agriculture Department officials said they will not decide whether to delay the rules until someone files an official request to do so.

Department officials contend the rules are necessary to ensure the safety of raw milk sold in the state, but raw milk producers and their customers argue the product is already safe and the new rules would impose too many restrictions.

The Agriculture Department has been trying to pass the rules since last spring and has held three hearings on the issue.

Members of the Legislature's Rules Review Committee, which has the final say on state agency rules, said their vote Tuesday does not necessarily indicate approval of the rules' content but merely finds that the department followed proper procedures in adopting them.

The legislative committee rejected the rules in August, asking the department to get more information on how they would financially affect farmers who produce raw milk for sale.

Courtney De La Rosa, the department's lawyer and director of agricultural policy, told lawmakers Tuesday she estimates it would cost farmers 1 cent a bottle to print the required new labels. Farmers would not pay for monthly routine testing of raw milk, but would have to pay for retesting if their milk is found to contain contaminants, she said.

But raw milk producers said they believe the cost of printing the new labels would cost far more than a penny a bottle.

Lila Streff, owner of Black Hills Goat Dairy in Custer, said the cost of retesting milk would impose a financial burden.

"The financial impact of that would put me under, would put me out of business," Streff said.

State Agriculture Secretary Lucas Lentsch said the rules impose reasonable requirements to make sure the milk does not exceed limits for bacteria and other contaminants.

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