S.C. Code Regs. § § 61-34.III

Current through Register Vol. 48, No. 10, October 25, 2024

Section 61-34.III - Permits

A. It shall be unlawful for any person who does not possess a permit from the Department to manufacture, bring into, send into, or receive into South Carolina or its jurisdiction, have in storage, sell, barter, or offer for sale therein, or offer to give away any raw milk or raw milk products defined in this Regulation, including but not limited to raw milk for craft usage.

B. Raw milk and raw milk products that have been manufactured under the provisions of this Regulation may be further distributed or sold at retail locations in South Carolina by distributors and retailers. Distributors and retailers are not required to have a permit, provided that the product has not been repackaged or relabeled.

C. Although distributors and retailers listed in Section III.B do not require a permit, the Department retains the authority to conduct an investigation in response to a complaint. The Department may require corrective action and issue orders as deemed necessary in response to food safety or health risks identified during the investigation.

D. Only a person who complies with the requirements of this Regulation shall be entitled to receive and retain a permit. Permits shall not be transferable to other persons and/or locations or used by a person other than the permit holder.

E. Every producer of raw milk or raw milk products for human consumption shall hold a valid permit issued by the Department prior to beginning operation. No permit shall be issued until all parts of the operation meet the requirements of this Regulation.

F. The production, distribution, storage, and sale of unpasteurized milk products other than the raw milk products defined in this Regulation (unpasteurized buttermilk, kefir, and cream) are prohibited in South Carolina and will be considered to be violations of this Regulation, except that aged raw milk cheese may be produced in accordance with the provisions of R.61-36, Manufactured Grade Dairy Products.

G. The addition of flavoring or other ingredients to raw milk or raw milk products other than cultures, citric acid, or salt needed for the processing of buttermilk and kefir is prohibited; provided, kefir may also contain harmless edible stabilizers subject to the limitations in VIII.C of this Regulation.

H. The Department may deny a permit to produce, distribute or sell raw milk or raw milk products for human consumption when the applicant or facility has a history of noncompliance with other standards, regulations, or statutes governing milk and milk products.

S.C. Code Regs. § 61-34.III

Amended by State Register Volume 33, Issue No. 6, eff June 26, 2009; State Register Volume 46, Issue No. 04, eff. 4/22/2022.