§ 40-32-2 — Definition of terms.

Terms as used in this chapter, mean: (1) "Bulk milk pick-up tanker," any vehicle, including the truck, tank, and those appurtenances necessary for the tank's use, used by a bulk milk hauler or sampler to transport bulk raw milk for pasteurization from a dairy farm to a milk plant, receiving station, or transfer station; (2) "Dairy farm," any place or premise where one or more cows, sheep, or goats are kept and from which a part or all of the milk or milk products are produced and sold, or offered for sale to a milk plant; (3) "Dairy fieldman," a person employed by the milk plant to determine if a producer is maintaining satisfactory production requirements in accordance with this chapter and the rules promulgated pursuant to this chapter; (4) "Department," the Department of Agriculture and Natural Resources; (5) "Grade A," any milk or milk product that complies with the standards set forth in any rules promulgated pursuant to § 39-6-9 ; (6) "Manufacturing grade milk," any milk or milk product that is produced for processing and manufacturing into products for human consumption in accordance with the standards set by rules promulgated pursuant to the authority granted in §§ 39-6-9 and 40-32-18 and that is not subject to the requirements of Grade A milk or raw milk for human consumption; (7) "Marketing organization," an entity established for the purpose of procuring farm produced milk and offering for sale that milk to a milk plant, receiving station, or transfer station; (8) "Milk distributor," any person who purchases milk or any milk product and transports the milk or milk product to a retail dealer or a consumer; (9) "Milk plant," any place where milk or a milk product is delivered or processed for commercial purposes; (10) "Milk product," any product formulated by the addition of milk or a product derived from more than fifty percent milk if the milk or the product derived from more than fifty percent milk is greater than fifty percent of the product by weight or volume; (11) "Milk transport tank," any vehicle, including the truck and tank, used by a bulk milk hauler or sampler to transport bulk shipments of milk and any milk product, from a milk plant, receiving station, or transfer station to another milk plant, receiving station, or transfer station; (12) "Pasteurization," the process of heating every particle of milk or milk product in properly designed and operated equipment, to one of the temperatures given in the following table and held continuously at or above that temperature for at least the corresponding specified time: Temperature Time *145  F (63  C) 30 minutes *161  F (72  C) 15 seconds 191  F (89  C) 1 second 194  F (90  C) 0.5 second 201  F (94  C) 0.1 second 204  F (96  C) 0.05 second 212  F (100  C) 0.01 second * If the fat content of the milk product is ten percent or more, or if it contains added sweeteners, the specified temperature shall be increased by 5  F (3  C). However, eggnog shall be heated to at least the following temperature and time specifications: Temperature Time 155  F (69  C) 30 minutes 175  F (80  C) 25 seconds 180  F (83  C) 15 seconds Nothing in this definition bars any other pasteurization process which has been recognized by the Food and Drug Administration to be equally efficient and which is approved by the regulatory agency; (13) "Pasteurization unit," a unit of equipment that pasteurizes milk and milk products that meets the 3-A accepted practices for the sanitary construction, installation, testing, and operation of a pasteurizer; (14) "Producer," any person who operates a dairy farm and provides, sells, or offers milk or raw milk for human consumption for sale; (15) "Receiving station," any place, premise, or establishment where raw milk is received, collected, handled, stored, or cooled and prepared for further transporting; (16) "Secretary," the secretary of agriculture and natural resources; (17) "Single-service article fabricating plant," any plant manufacturing single-service articles expected to be in contact with Grade A milk and milk products; (18) "Transfer station," any place, premise, or establishment where milk or milk products are transferred directly from one milk tank truck to another.

Legislative History

SDC 1939, § 4.1902; SL 1941, ch 4; SL 1943, ch 9, § 1; SL 1945, ch 14; SL 1951, ch 111, § 1; SL 1953, ch 8; SL 1957, ch 92, § 2; SL 1969, ch 8, § 1; SL 1980, ch 280, § 1; SL 1987, ch 299, § 1; SL 1988, ch 329, § 1; SL 2009, ch 205, § 1; SL 2010, ch 205, § 12; SL 2015, ch 207, § 6;