No, raw milk sales are prohibited in South Dakota for human consumption under state law, with no legal retail or herd-share loopholes recognized. The South Dakota Department of Health enforces strict dairy safety standards, classifying raw milk as adulterated per SDCL 39-6-2. While federal regulations permit intrastate sales in some states, South Dakota’s 2024 dairy inspection protocols and 2026 compliance directives explicitly ban raw milk distribution, aligning with public health mandates.
Key Regulations for Raw Milk in South Dakota
- Absolute Ban: SDCL 39-6-2 and SDCL 44-1-2 prohibit the sale or distribution of raw milk for human consumption, including through herd-share agreements.
- Licensing Enforcement: The South Dakota Department of Agriculture (SDA) and Department of Health jointly inspect dairy operations, with violations subject to civil penalties or license revocation.
- Labeling Restrictions: All milk sold must undergo pasteurization; raw milk labels are prohibited, and misbranding violations incur fines under SDCL 39-6-18.
Compliance hinges on adherence to pasteurized milk standards enforced by the SDA’s Dairy Program, which conducts biannual inspections of licensed dairies. Out-of-state raw milk shipments are also prohibited under SDCL 39-6-21, with interstate commerce violations referred to the FDA. Producers or consumers found distributing raw milk face immediate regulatory action, including cease-and-desist orders.