Petition for Delay on Raw Milk Rules


Petition the Department of Agriculture today for a delay of implementation

Yesterday, the South Dakota Legislative Rules Review Committee passed the South Dakota Department of Agriculture’s raw milk rules, stating the Department’s process was “procedurally complete,” despite a record number of testimonies against the rules.

Committee Chairman Rep. Timothy Johns, prefaced the vote with a statement about how people in South Dakota want raw milk and clearly do not want these rules. He went onto say, however, that the Committee’s job is not to approve the content or purpose of the rules, but merely to determine whether or not proper procedures had been followed in the rulemaking process.

Senator Phil Jensen, R – Rapid City, testified at the hearing that he would petition for a delay of implementation if the rules passed. And we need you to do the same, so we can show the Department of Agriculture they don’t get to pass these rules just because they followed procedure!



Anyone can petition the Department for a delay of implementation of the rules. Please use the form letter below or draft your own, and make sure it arrives at the Department by November 27, 2013. Your letter can be emailed to or mailed via snail mail the traditional way.

So far, we haven’t been listened to by the Department, but in the upcoming legislative session, we’ll be talking to a different set of people, people who are elected by us, and they will listen.

Thank you for your support of food freedom in South Dakota!



November 13, 2013

Lucas Lentsch
Secretary of Agriculture
South Dakota Department of Agriculture
523 E. Capitol Ave
Pierre, SD 57501

Dear Secretary Lentsch:

I am writing to request a delay in the effective date of the proposed raw milk rules, Article 12:81, under SDCL 1-26-8.2. I am requesting a 90-day delay.

There will be legislation proposed during the 2014 Legislative Session which, upon their passage, will invariably affect these rules and the producers subject to them. In order to prevent unnecessary confusion, it would be beneficial to delay the effective date of these rules until after it is clear what will happen during the session.

I recognize even a 90-day delay will not prevent these rules from coming into effect before the legislative session ends; however, it would be prudent to give as much time as allowed under the law to avoid constantly changing rules for raw milk producers.




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