Bacterial counts, phosphatase, butterfat, and total solids/moisture testing shall be performed on milk and milk products that are sampled at retail stores and other places as determined by the secretary. The results of such examinations shall be determined by using validated test methods found in Standard Methods for the Examination of Dairy Products Official Methods for Analysis and by standards found in the PMO and 21 CFR 131 to determine compliance. If two of the last four consecutive samples have exceeded the standards, the secretary shall send a written notice to the manufacturer concerned. The notice shall remain in effect as long as two of the last four samples exceed the limit of the standard. An additional sample shall be taken to determine compliance. Immediate suspension of permit shall be instituted if three of the last five consecutive samples exceed the standard. When public health is in imminent danger due to high coliform counts or positive phosphatase, or any adulterant, the secretary shall immediately suspend sale of the product in violation. The secretary shall direct the procedure to reinstate these products.
S.D. Admin. R. 12:05:06:06
General Authority: SDCL 39-6-9.
Law Implemented: SDCL 39-6-6, 39-6-9, 39-6-10.
Standard Methods for the Examination of Dairy Products, 17th edition, 2004, H. Michael Wehr, Ph.D. and Joseph F. Frank, Ph.D., Editors, American Public Health Association, Washington, D.C. Copies may be obtained from the American Public Health Association, 1015 15th Street, N.W., Washington, D.C. 20005-2699. Official Methods of Analysis, 19th edition, 2012, Association of Official Analytical Chemists, Gaithersburg, MD. Copies may be obtained from the Association of Official Analytical Chemists International, Customer Services, 481 N. Frederick Ave., Suite 500, Gaithersburg, MD 20877-2417. Grade A Pasteurized Milk Ordinance, 2013, published by Public Health Service/Food and Drug Administration, U.S. Department of Health and Human Services, Washington, D.C. 20740-3835. Copies may be obtained from the Milk Safety Branch HFS-626, Division of Cooperative Programs, Food and Drug Administration, 5100 Paint Branch Parkway, College Park, MD 20740-3835; no charge. This request must include a self-return label.