Is Unpasteurized Cheese Legal in South Dakota After the 2026 Regulatory Updates?

No, unpasteurized cheese is prohibited in South Dakota under state dairy laws aligned with FDA standards, except for aged varieties exceeding 60 days. The South Dakota Department of Agriculture enforces these restrictions, with no pending 2026 amendments altering the prohibition.


Key Regulations for Unpasteurized Cheese in South Dakota

  • Mandatory Pasteurization: All cheese sold in South Dakota must be made from pasteurized milk per SDCL § 39-6-1.1, mirroring FDA 21 CFR § 133.150.
  • Aged Cheese Exception: Hard cheeses aged ≥60 days (e.g., Parmigiano-Reggiano) are permitted if aged at ≥35°F for the duration, per ARSD 12:02:08:02.
  • Import Restrictions: Cheese imported from states with weaker pasteurization laws (e.g., Wisconsin’s raw-milk cheese allowance) requires prior FDA certification, enforced by the SDDA’s Dairy Inspection Program.