Tell the Legislative Rules Review Committee to Vote NO
 | Meeting on Tuesday, August 20th
8 a.m. to 12 p.m. Mountain
(9 a.m. to 1 p.m. Central)
The LRRC will be in Pierre.
Whenever you can arrive, your
attendance will be appreciated.
Be sure to sign in.
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SDDA Proposed Amended Rules on Raw Milk
Attend August 20th Meeting -
Choose from Five Locations
Tuesday 9 a.m. to 1 p.m. Central
(8am-12p Mountain)
Good news! It will be easier attend the August 20th Meeting of the Legislative Rules Review Committee (LRRC) because there are five locations to choose from: Pierre, Spearfish, Mitchell, Sioux Falls and Yankton.
The South Dakota Department of Agriculture (SDDA) has submitted proposed rules for approval by the LRRC which will create an economic barrier and encroach on personal freedoms. The proposed rules will add burdensome red tape without increasing public safety.
Ask the Committee to vote "NO" and send the rules back to SDDA.
The proposed rules will eliminate raw milk sales by small farmers and thus eliminate the freedom to purchase and consume the milk of one's choice.
Despite the fact that over a dozen people testified at the July 26th SDDA meeting and hundreds of written comments were submitted, SDDA made NO changes to the July 3rd version of rules. It's fair to say that SDDA has violated its own procedures [SDCL 1-26-4(7): "After the written comment period, the agency shall fully consider all amendments, data, opinions, or arguments regarding the proposed rule...."]
It's time for your voice to make a difference!
Let the LRRC know that you care about maintaining the freedom of choice on this matter.
ACTION #1 - Contact LRRC Members before meeting day
Please share this alert with friends and family.
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A list of requested changes was submitted by many in June and the SDDA amended the proposed rules to change the language (in most places but not all) from "offer or provide" to "sale" but failed to incorporate many of the other requested changes. Problems remained in the July 3rd version: - Conflicting regulations,
- New tests, and
- New facility requirements.
Small raw milk producers who currently qualify to make sales on-farm and at farmers markets would be eliminated by the imposition of costly changes to their facilities and new labeling methods. SDDA ignored all the input from the July 26th meeting and the second round of comments submitted by August 5th. Several provisions that currently apply to pasteurized milk are included in the rules, resulting in very confusing rules which contradict themselves several times. Ask the LRRC to support rules that recognize the value of small family farmers, ensure the health and safety of raw milk consumers, and safeguard consumer freedom of choice. The current proposed rules will create unnecessary regulations that will not achieve heightened health or safety, rules that will actually create further burdens on family farmers. See the Raw Milk Nation Map & Chart RESOURCES:
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Use this online service to email your message to the LRRC members and a local newspaper! Share this short link on Facebook, Twitter and others http://bit.ly/ftcsd-1
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ACTION #1 - Contact the LRRC Members
It's even more effective to follow up your message with a Phone Call
The South Dakota Legislative Rules Review Committee (LRRC) will be in Pierre for the August 20th meeting regarding the proposed raw milk rules. Please call and/or email the members so they can receive your comments prior to the meeting. See suggested changes to the proposed rules below.
See Action #2 for location details. If you're their constituent, mention that to your legislator(s).
Please be courteous and respectful; these legislators are likely to be neutral.
Easy to use, FREE online eMail Petition - share the link, http://bit.ly/ftcsd-1
You may even copy/paste points from this alert; you can send multiple messages, too!
Senator Angie Buhl O'Donnell (R-15: Minnehaha County)
521 N. Prairie
Sioux Falls, SD 57104
[email protected]
605-773-3821 Capitol ph
605-376-2512 Home ph
Representative Peggy Gibson (D-22: Beadle, Kingsbury Counties)
1010 Valley View Court
Huron, SD 57350-4221
[email protected]
605-773-3851 Capitol ph
605-352-9862 Home ph
Representative Anne Hajek (R-14: Minnehaha County)
PO Box 1779
Sioux Falls, SD 57101
[email protected]
605-335-5456 Bus. ph
605-338-8640 Home ph
Senator Jean Hunhoff (R-18: Yankton County)
2511 Mulligan Dr
Yankton, SD 57078
[email protected]
605-773-3821 Capitol ph
605-668-8312 Bus. ph
605-665-1463 Home ph
Representative Timothy Johns (R-31: Lawrence County) - Chairman
203 W. Main St.
Lead, SD 57754
[email protected]
605-717-2889 Bus. ph
Senator Mike Vehle (R-20: Aurora, Davison, Jerauld Counties) - Vice Chair
132 N Harmon Drive
Mitchell, SD 57301
[email protected]
605-773-3821 Capitol ph
605-996-5778 Home ph
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ACTION #2 - Attend the Rule Review Meeting on August 20th
Choose from any of the 5 locations listed below
Those wishing to testify will have a limited time to speak. If at all possible, please send your written comments to the LRRC so they receive them before the meeting (see Action #1 for details).
Tuesday - August 20, 2013
8:00 am Mountain (9:00 am Central) - See Agenda
Note: Raw milk rules are last on the agenda and will be presented by Sen. Mike Vehle.
PIERRE - directions - 9am CT Capitol Building, Room 414 500 East Capitol Avenue
Pierre, SD 57501-5070
(605) 773-3251 MITCHELL - directions - 9am CT Mitchell Technical Institute, Room TC 155 1800 E. Spruce St. Mitchell, SD 57301
(605) 995-3025
SIOUX FALLS - directions - 9am CT
University Center, FADM 145 4801 N. Career Ave, Sioux Falls, SD
(605) 367-5640
SPEARFISH - directions - 8:00am MT Black Hills State University, LIB 0111200 University Station Street (may show as Blvd) Spearfish, SD (605) 642-6834YANKTON - directions - 9am CT Department of Transportation1306 W. 31st Street
Yankton, SD 57078 (605) 668-2929Contact the Digital Dakota Network (DDN) Site Coordinator if you have questions about the equipment at a location other than Pierre. The Black Hills Food Freedom Supporters are organizing a carpool from Rapid City. Please contact Gena Parkhurst at [email protected] if you would like to travel with them to SpearfishLINKS FOR DIRECTIONS (urls)
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REQUESTED CHANGES SUBMITTED TO SDDA
Mention some or all of these in your comments to LRRC members
These issues remain in the July 3rd version submitted by SDDA for approval by the LRRC at the meeting August 20, 2013:
1) 12:81:03:01 Delete "There shall be no direct openings between the milk packaging area and milking operations".
* This will cost producers extra money, cause major inconvenience, and does not contribute to public health.
* This is inconsistent with current rule 12:17:04:12 which allows a door in between rooms.
2) 12:81:02:02, 12:81:03:04 Delete coliform testing requirements. Corresponding sections, including 12:81:03:03(4), 12:81:04:02, 12:81:04:04, should be amended to match.
* Coliform testing is new and does not fit the stated intent of the rules.
* Proposed level of 10 per/ml is too low. Other states set this limit as high as 100 or don't even test for this.
* Raw milk contains naturally occurring, beneficial bacteria which exit the animal's udder higher than the limit of 10.
3) 12:81:03:03 Change Bacteria Limits in 12:81:03:03, address conflict between it and 12:17:03:09 in 12:81:04:01
* Current rule 12:17:03:09 for bacteria of 500,000 per/ml is adequate. New rule of 20,000 is too low.
4) 12:81:02:02, 12:81:03:04 Delete pathogen testing requirements. Corresponding sections, including 12:81:03:03(5), should be amended to match.
* Pathogen testing not necessary. Utah just suspended pathogen testing because the state lab never saw a confirmed positive test result.
5) 12:81:03:05 Delete warning label and bottling date requirements.
* Current statute is adequate requiring a "raw milk" label to be placed on bottles of raw milk sold direct-to-consumer.
* It is impossible for the producers to attach such a warning label to their current bottles and prohibitively expensive to buy new bottles.
* Bottling dates are not needed when milk is sold fresh, direct-to-consumer.
6) Miscellaneous:
*12:81:01:01(1) definition offered conflicts with a similar definition in 12:17:01:01; *12:81:01:01(5) definition conflicts with 12:17:01:01(2);
*12:81:01:01(6) definition conflicts with 12:17:01:01(19);
*12:81:02:01 repetitive paragraphs should be streamlined for clarity;
*12:81:02:02 paragraph 4 should be removed as it is not pertinent to this section, is repetitive, and does not provide the standards for sample confirmation and re-tests as stated in 12:81:04:04;
*additionally, suspension of a permit based on one non-specific pathogen test yields no additional public safety measures while placing severe undue burden on small producers;
*12:81:02:02 conflicts with 12:17:04:10 in 12:81:04:01,
*12:81:04:01 several provisions in this section conflict with provisions outlined elsewhere in the proposed rules. This section needs to be streamlined for clarity.
Issues are listed here: *12:17:02:11conflicts with proposed 12:81:04:04,
*12:17:02:13 conflicts with proposed 12:81:04:02, *12:17:02:14 conflicts with proposed 12:81:04:03, *12:17:03:09 conflicts with proposed 12:81:03:03(3), *12:17:03:22 Somatic Cell Count requirements should be part of 12:81:03:03 and made relevant to raw milk (Cows & Goats);
*12:81:04:01 paragraph 2 should be clarified to ensure these requirements only apply to milk that is sold as Grade A. *12:17:03:09 conflicts with proposed 12:81:03:03(3),
*12:81:04:02 to 12:81:04:05 inclusive - these sections should be deleted and relevant rules written that are directly applicable to raw milk.
*Several provisions conflict with current rule and therefore with the proposed rules themselves under 12:81:04:01.
*New standards are introduced that are not included in 12:81:03:03.
*Standards for permit suspension and reinstatement are unclear and included in several different provisions. These sections should be rewritten for clarity.
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Farm-to-Consumer Legal Defense Fund, a 501(c)(4) nonprofit [EIN 20-8605130], defends the rights and broadens the freedoms of family farms and artisan food producers while protecting consumer access to raw milk and nutrient-dense foods. Learn more About Us or FTCLDF 2012 Summary.
Membership benefits include the possibility of representation in court; the Fund typically pays for all court costs. The Fund is not an insurance company and cannot guarantee representation on all legal matters. Your membership fees and donations help to keep local food sources available and preserve family farms facing unjust enforcement actions
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Please forward this alert to others who are concerned about protecting locally-sourced nutrient-dense foods and preserving sustainable small family farms and artisan food producers as well as defending the rights to sell and to access the foods of one's choice from the source of one's choice. 
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