SDDA Proposes Rules to Create Defacto Ban on Raw Milk Sales in South Dakota
Hello Everyone,
Please read the information below and take charge, take action! It is a very important subject for many of us.
Also I am interested to see how many of you want to join us in Pierre in the hearing on Nov 17th at 9:30 AM. The more people coming is the better. Also if you cannot make it to Pierre then please write letters to the address provided in the information below.
If you have any further questions please contact anyone mentioned in the information below or me at my email.
Thank you so much.
Zsuzsanna McCauley
I have copied several emails in here:
The State of SD is preparing for a Hearing on Nov. 17th to introduce a new Proposed Rules pertaining to the sales of Raw Milk. You can view this proposal at: http://www.state.sd.us/doa/das/Raw%20Milk%20Rules%20Oct%202009.pdf
The new proposals make it legal to sell Raw Milk in SD if you follow all of the new proposed rules. These new rules create an economic barrier and encroach on personal freedoms. I think you will see that this will eliminate any small farmer from selling Raw Milk- which also eliminates the freedom to purchase and consume the milk of choice. If you care about maintaining the freedom of choice on this matter in SD, now is the time for your voice to be heard.
I recently talked to The SD Director of Ag, Kevin Fridley. He said that it is not important to be at the hearing in person. I don't agree, but not everyone can get to Pierre for the hearing on Nov. 17th. Kevin said that what really counts is the letters that are written. These letters are documents that will be on file and taken into consideration. So it is important to get as many people to write as possible. He said to stick to the particular issues that are being proposed and address the Proposed Rule by its Number.
After the hearing on Nov. 17th, the proposals –along with all of the written letters and documented verbal comments of the public, go before a Review Committee where it will all be discussed and (hopefully) considered before it can be voted on and become rule. It is a process and we can be a part of it.
Our voices can make a difference!
The issue of freedoms to choose would probably pertain to the very first one 12:05:07:11 of having to hold a permit to sell. To get this permit, of course, you have to follow all of the other new proposed rules. However, If we don't have to have a permit, then the other rules do not pertain. The consumer should be able to choose for themselves the most sanitary place to purchase upon visiting different farms that offer Raw Milk. This should not be a government controlled issue.
***(This is the toughest one to tackle and you have to really be prepared for this one ---They definitely are!---Thanks to The FDA). This would be great, but you are going after the whole Raw Milk issue with this one, and I don't really think they are going to consider that issue right now.
I would suggest and recommend tackling the Proposed Laws that I have listed below if you view these as pertinent. These are the issues that I see as huge barriers to allowing the sales of Raw Milk.
***Please feel free to use this as a guide as you compose a letter to The State Ag Committee***
Key issues to Oppose/mention in letter:
1). (12:05:07:15) --- Bottling Machine –Hand-Capping is Prohibited. The Proposed Rule of an expensive bottling machine poses an economical barrier to the small farmer. There is no scientific proof that this is more sanitary than hand bottling. Washington State has proven this and omitted it in their statute. (It is good to quote this).
I have documented information on the prices of the Bottling Machine: $8,950 ; Bottles : (min purchase) 1 Pallet (1,344) of Quart (square) bottles @ $1,102 per pallet; and 1 Pallet (792) of Half Gallon bottles @ $1,188 per pallet; Caps : (4000 x $51.77 per thous.) = $207.08. Plus shipping and taxes on these.
2). (12:05:07:15) ---Barn Construction Requirements. An economical barrier is posed to the small farmer to construct a facility to meet all of their criteria just to sell a small quantity of milk. It is prejudicial to treat all farmers like a big dairy.
3). 12:05:07:17---The Proposed testing for coliform levels of 10 per mil. is too low. It practically comes out of the animal at that level. Other states require between 50 and 750 per mil. (Idaho and Connecticut - 50 per mil. are good examples to quote). SD is making it so low that it can't be passed -therefore we really won't be able to sell the Raw Milk.
4). 12:05:07:20--- Proposed Customer List---It is intrusive to the customer’s privacy to have to submit your personal information to a government list. They could call you and harass you! It is none of their business what you consume (what type of milk you drink and where you purchase it). This is a breach of privacy.
5).12:05:07:22 ---TB and Brucellosis Tests--- Proposed Rule is to do this twice/year. Once/year is adequate. To do the test the animal is injected with a serum. If you test more than once/year, the animal's body will think it has the diseases and throw a FALSE POSITIVE . These tests are expensive, and again an economic barrier to the farmer. They are also unhealthy for the animal.
This is the address for sending your written comments:
South Dakota Department of Agriculture
Division of Agriculture Services
Dairy & Egg Office
523 E. Capitol Ave.
Pierre, SD 57501
If you have any other questions about this Proposed Rule, please feel free to contact me:
Lila Streff
Streff Ridge Farm and Goat Dairy
12376 Beaver Den Dr
Custer, SD 57730
605-673-3554
LETTER TO THE EDITOR
Government Aims to Regulate Raw Milk Farmers
South Dakota Department of Agriculture (SDDA) is holding a hearing on proposed rules regarding raw milk sales in Pierre November 17, 2009. Current state law allows the sale of raw milk if OCCASIONALLY SECURED OR PURCHASED FOR HIS PERSONAL USE BY ANY CONSUMER AT THE PLACE OR FARM WHERE THE MILK IS PRODUCED if it is labeled “raw milk.”
The proposed rules, in effect, take away rights given by the legislature by requiring a permit to sell raw milk. Obtaining the permit will require: purchasing a bottling machine as hand bottling will be banned; a building for milking and a separate building for bottling; twice yearly TB and brucellosis testing - no other State requires testing more than once a year; testing for coliform with maximum permissible level of 10 per millileter; maintenance of updated customer list with names, contact information, and quantities of raw milk sold, provided to SDDA upon request.
The proposed rules create a defacto ban on raw milk sales in South Dakota as most small dairy farmers will not be able to afford compliance.
Gena Parkhurst
PO Box 1914
Rapid City, SD 57709
224-715-8405 gmp66@hotmail.com
New Proposed Regs for Raw Milk
http://blackhillslocalfoods.wordpress.com/2009/11/06/new-proposed-regs-f...
SDDA Proposes Rules to Create Defacto Ban on Raw Milk Sales in South Dakota:
http://www.ftcldf.org/news/news-08Nov2009-5.html
----- Original Message -----
From: Jacqueline Sly
Sent: Thursday, November 12, 2009 2:24 PM
Subject: Re: proposed rules
I think it is vital to be at both meetings. It would be good to get the information out to as many people as possible. A strong show of opposition and the impact it will have on small producers is important. Basically, it appears that the document is taken from possibly the federal level and now there is an attempt to push it through here in SD.
If any of you have emails or contact information from people around the state, that would be one way of informing the public. Obviously, it has not been highly advertised so many people who could be affected by these rules may not even know about the proposed changes. The time is short, so phone calls and emails would be the quickest way of letting people know. However, the Dept. of Ag will take letters up to ten days after the hearing.
I would recommend making a plan of action to include sending letters to the SD Dept. of Ag, getting people to go to Pierre to testify on Nov. 17, and to encourage those people to write out their testimony so it can be submitted at the hearing. After the November 17 meeting, I would suggest having people contact the Rules Review Committee members through both personal phone calls and letters. It would probably be best to wait until closer to the time of the December 15 meeting for the contact.
Jacqueline
