***SD - ACTION ALERT***
SDDA Proposes Rules to Create Defacto Ban on Raw Milk Sales in South Dakota
Raw milk supporters who have not written yet to the South Dakota Department of Agriculture in opposition to the proposed raw milk regulations are encouraged to do so. A summary of the regulations and talking points for letters opposing the bill can be found at http://www.farmtoconsumer.org/news/news-08Nov2009-5.html. The deadline for submitting written comments to the department is November 27 at 5:00 pm Central (CDT). Letters should be addressed to:
South Dakota Department of Agriculture
Division of Agricultural Services
Dairy and Egg Office
523 East Capitol Ave.
Pierre, SD 57501
The proposed regulations, in effect, ban the sale of raw milk in South Dakota; they need to be stopped. Please circulate this alert among as many people as possible.
1. South Dakota dairy farmers already have a right to sell raw milk granted by the legislature (Statute 39-6-3). There is no requirement under that statute that the farmer have permit; the only requirement is that the farmer label the milk as "raw milk".
2. Even if the departrment did have the power to issue new regulations, requiring a mechanical bottling machine and a separate building is burdensome; safe raw milk can be produced without such requirements.
3. The proposed regulation is intrusive because it requires producers to make available the names and addresses of their customers, violating the privacy rights of customers.
4. With all its expensive requirements, the proposed rule is really about trying to prevent producers from legally selling raw milk in the state.
Pete Kennedy, Esq.
Farm-to-Consumer Legal Defense Fund