Terms Used In South Dakota Codified Laws 40-32-10.4
- Department: the Department of Agriculture. See South Dakota Codified Laws 40-32-2
- Producer: any person who operates a dairy farm and provides, sells, or offers milk or raw milk for human consumption for sale. See South Dakota Codified Laws 40-32-2
- State: the State of South Dakota. See South Dakota Codified Laws 2-14-2
- Statute: A law passed by a legislature.
The department may suspend a producer’s license or permit upon failure by the holder of the permit to comply with any of the terms of state statute or promulgated rule or for interference with inspection. In addition to the administrative sanctions available to the department pursuant to this chapter and chapters 39-6, 39-7, and 39-8, any licensed or nonlicensed producer who commits any violation of this chapter or chapters 39-6, 39-7, or 39-8, may be assessed a fine, not to exceed five thousand dollars per violation, or may be subject to injunctive and declaratory relief by the circuit court. All fines collected pursuant to this section are subject to S.D. Const., Art. VIII, § 3. The department is not required to seek the administrative sanctions available under this section prior to commencing an action in circuit court against an alleged violator of this chapter or chapters 39-6, 39-7, or 39-8.