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South Dakota

Raw Milk Regulations

Raw milk sales are legal on the farm and through home delivery. Even though the state has adopted the Grade A Pasteurized Milk Ordinance (including Section 9 of the PMO which only permits the sale of pasteurized milk to the final consumer) it has created a statutory exemption for raw milk, cream, skim milk or goat milk occasionally secured or purchased for... personal use by any consumer at the place or farm where the milk is produced.” and for a “farm producer of milk, selling and delivering his own production direct to consumers only.”

Farmers are responsible for bottling the milk and must have a milk plant license in order to be able to use bottling equipment on their farm. They must clearly label each container as “raw milk.” According to the state Department of Agriculture, there are no farmers selling raw milk on any noticeable scale at the present time.

Relevant Law:
SD ST § 39-6-3 and ST § 39-6-3.1

Department of Agriculture
523 East Capitol Avenue
Joe Foss Building, 3rd Floor
Pierre, SD 57501
Phone: (605) 773-5425

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