4
04 Broadcaster Press
November 19, 2013 www.broadcasteronline.com
Raw milk decision could
head to Pierre
By Bob Mercer
State Capitol Bureau
The battle is moving to
the Legislature over stronger
sanitation standards for raw
milk in South Dakota and
health-warning messages on
the bottles of it sold to
consumers.
The state Department of
Agriculture received
clearance from the
Legislature’s rules review
committee Tuesday for the
regulatory changes.
But the 4-0 vote was
about whether the
department followed the
process set forth in state law,
rather than whether
legislators on the panel
agreed or disagreed with the
new rules.
The department should
be mindful of a state law that
allows a department or
agency to suspend a new rule
for 90 days if someone
formally petitions for the
hold, said Rep. Timothy
Johns, R-Lead. He is the rules
review committee’s
chairman.
Johns made his
comments in the wake of a
promise by Sen. Phil Jensen,
R-Rapid City, to seek the
suspension and delay the
new rules until the
Legislature can consider the
matter.
“This is a freedom issue,”
Jensen said.
He spoke of “fanaticism
and extremism that
permeates the Department
of Ag” and said the new
regulations would run rawmilk dairies out of business
while limiting food choices
for thousands of South
Dakotans.
Jensen and Rep. Scott
Craig, R-Rapid City, testified
against the new rules. They
don’t serve on the review
committee.
Craig said cancer patients
including his wife have been
specifically told by their
doctors to drink raw milk
because of the health
benefits.
“I discourage further
regulation,” Craig said. “It’s
just ever increasing. I think
it’s unnecessary here.” He
added, “The temperature
here (Rapid City) is very
much in favor of raw milk
production and of it being
unregulated.”
Agriculture Secretary
Lucas Lentsch said the
purpose behind the
additional regulations is to
protect children from
illnesses sometimes caused
by drinking raw milk.
Raw milk already must be
labeled as such. The new
labeling requirements call for
the identity of farm that
produced it, the date of
bottling and a warning label
that says the product hasn’t
been pasteurized and may
contain harmful bacteria.
State Health Secretary
Doneen Hollingsworth,
accompanied by state
epidemiologist Lon
Kightlinger who tracks
diseases in South Dakota,
appeared in support of the
rules.
Hollingsworth said raw
milk does cause disease and
she cited recent South
Dakota statistics of 30
instances of illnesses
including five
hospitalizations that were
linked with raw milk. She
said raw milk was the only
known risk factor in 13 of
those cases.
“The scientific literature is
clear. Historic data is clear,”
Hollingsworth said. “We
should be doing everything
we can to prevent this.”
Iowa, North Dakota,
Montana and Wyoming are
among the 20 states that
prohibit sales of raw milk for
consumer use, according to
Rep. Peggy Gibson, DHuron.
Many of the opponents
viewed the labeling and
testing regulations as an
attempt to shut down the
raw-milk trade and an attack
on their freedom to choose
their food. At times some
opponents criticized the
department and some
personnel by name.
The rules committee
spent two hours on the topic.
The department has held
three public hearings trying
to find rules acceptable to the
committee.
“To have the notion we’re
trying to regulate this out of
existence, couldn’t be farther
from the truth,” Lentsch said.
Johns found noteworthy
that consumers were
speaking against rules meant
to protect them. “I see it as a
matter of philosophy,” he
said.
State law since at least
1955 has allowed for raw
milk including goat milk to
be sold at a licensed place of
production.
Johns, a retired circuit
judge, said licensing implies
there will be rules or
regulations and state laws
give the department the
authority to set rules on raw
milk including on labeling.
Johns said he expects the
2014 session of the
Legislature will see the issue.
He asked the department to
consider the 90-day
suspension petition.
“There would be
sufficient time for the
Legislature to consider this,”
he said.
State law lets the
department decide whether
to allow the suspension. Sen.
Mike Vehle, R-Mitchell,
presided over the testimony
Tuesday.
“This has been a long
hearing. I wanted to make
sure everyone was heard. I
think we did that,” Vehle said.
Denver sweeps USD,
Kritenbrink passes milestone
Three Denver
Pioneers recorded 10
kills to push past the
University of South
Dakota volleyball team
25-21, 25-18, 25-19 on
Saturday night in
Hamilton Gymnasium.
Sarah Schmid, Nola
Basey and Moni
Corrujedo all recorded
10 kills while Brea Muhle
added nine kills for the
Pioneers (14-11, 8-4).
Kate Acker led Denver in
digs with eight and Tori
Moons had 37 assists.
USD (18-10, 9-3)
was led by Kendall
Kritenbrink, who
recorded 17 kills and
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off a setting error. The
Coyotes had 10 service
errors while Denver
recorded 7 service aces
and were outkilled 4439.
South Dakota is still
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Summit League
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Denver is one game
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The Coyotes will
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moved into fourth on
USD’s all-time kills list
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and Lindsey Soukup for
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Kritenbrink also led
USD in digs with 10 for
her 13th double-double
of the season.
Outside of
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tallied 34 assists,
Natalie Walseth added
seven kills and Audrey
Reeg had six digs.
USD led just once in
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