South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:01 - Definitions › Section 12:79:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL titles 38, 39, and 40 have the same meaning when
	 used in this article. Other terms used in this article mean:
(1) "Animal Industry Board," the Animal
  Industry Board continued by SDCL
  40-3-1;
(2) "Antibiotic drug," any compound or family
  of compounds, either naturally or artificially produced, that are administered
  at subtherapeutic or therapeutic levels, which kill or inhibit the growth of
  bacteria within the body, including penicillins, cephalosporins,
  aminoglycosides, sulfonamides, fluoroquinolones, florfinicol, macrolides,
  tetracyclines, and ionophores;
(3)
  "Backfat," backfat on a carcass that is evaluated in terms of the thickness of
  this fat over the ribeye muscle exposed between the twelfth and thirteenth
  ribs, measured perpendicular to the outside surface at a point three-fourths of
  the length of the ribeye from its chine bone end. This measurement may be
  adjusted, as necessary, to reflect unusual amounts of fat on other parts of the
  carcass;
(4) "Beef product," edible
  muscle tissue produced from the harvesting and processing of certified finished
  cattle or certified natural finished cattle;
(5) "Beef program," the
SOUTH DAKOTA
  CERTIFIED
TM beef program created by SDCL
  chapter 39-24 and this article;
(6)
  "Blood splashed," meat showing evidence of rupture of capillaries in fat and
  muscle due to short-term violent excitement;
(7) "BQA/CMP manual," the Beef Quality
  Assurance/Critical Management Plan program manual produced by the South Dakota
  Beef Industry Council, 316 South Coteau, Pierre, SD.
(8) "BQA/CMP certificate," the Beef Quality
  Assurance/Critical Management Plan Certificate issued by the South Dakota Beef
  Industry Council, 316 South Coteau, Pierre, SD;
(9) "Carcass defects," traits that decrease
  the value of a beef carcass by decreasing the palatability, or decreasing
  consumer acceptance of appearance;
(10) "Certification mark," the certification
  mark as depicted in U.S. Trademark Serial Number 78/526958, alone or in
  conjunction with a tradename as provided in §
									12:79:04:01;
(11) "Certified enrolled cattle," certified
  feeder cattle, certified finished cattle, certified natural feeder cattle, and
  certified natural finished cattle as defined in this section;
(12) "Certified feeder cattle," live cattle
  that are born and raised within the State of South Dakota in conformity with
  the requirements of the enrolled cattle program and the license
  agreement;
(13) "Certified finished
  cattle," certified feeder cattle that are fed within the State of South Dakota
  in conformity with the requirements of §
									12:79:03:08 and the license
  agreement;
(14) "Certified natural
  feeder cattle," live cattle that are born and raised in conformity with
  §§
									12:79:03:01 to
  12:79:03:06, inclusive, and are
  also raised in conformity with the requirements of the natural program in
  §
									12:79:10:01 and the license
  agreement;
(15) "Certified natural
  finished cattle," certified natural feeder cattle that are produced in
  conformity with the natural program in §
									12:79:10:02 and the license
  agreement;
(16) "Corrective
  action," the action required of a licensee by the secretary to come into
  compliance with the requirements of any program and the license
  agreement;
(17) "Dark cutters,"
  carcasses or parts of carcasses showing evidence of dark red to dark brown
  tissue coloring resulting from long-term or intermediate-term glycogen
  depletion caused by stress to the living animal;
(18) "Data management system," the electronic
  internet-based system designated by the secretary for use in submitting reports
  required by this article and the license agreement;
(19) "Department," the Department of
  Agriculture;
(20) "Distiller's
  grain," the corn byproduct from corn-to-ethanol production;
(21) "Electronic ear tag," a radio frequency
  identification ear tag that contains a fifteen digit unique identification
  number for each animal and which is used by producers to identify certified
  enrolled cattle;
(22) "Enrolled
  cattle program," the
SOUTH DAKOTA CERTIFIED ENROLLED
  CATTLE
TM program created by this
  article;
(23) "Fund," the South
  Dakota Certified Beef Fund created by SDCL
  39-24-10;
(24) "HACCP," the Hazard Analysis and
  Critical Control Point plan developed by processors pursuant to 9 C.F.R. Ch.
  III (January 1, 2005) or as required by the meat inspection program;
(25) "Heifer," female bovine that has not
  produced offspring;
(26) "Hormone,"
  all exogenous estrogenic and androgenic growth promoting hormones including the
  active ingredients of zeranol, estradiol, progesterone, testosterone,
  trenbolone acetate, and melengestrol acetate and all exogenous reproductive
  hormones including progesterone, prostaglandin (PGF2A),
  gonadotropin releasing hormone (GnRH), follicle stimulating hormone (FSH), and
  luteinizing hormone (LH);
(27) "Hot
  carcass weight," the weight of a carcass measured before the carcass is
  chilled. Carcass is defined as the beef animal following slaughter with the
  hide, head, feet, tail, and internal organs, except the kidneys,
  removed;
(28) "License," a marketer
  license, producer license, or a processor license;
(29) "Licensee," a marketer, producer, or
  processor who has met all requirements for participation in any program and has
  entered into a valid license agreement signed by the secretary;
(30) "License agreement," a written agreement
  between the department and a participant in any program that sets forth the
  terms and conditions under which the applicant is granted permission to use the
  proprietary rights as specified in the agreement;
(31) "Licensed marketer," a marketer who
  meets the requirements of §
									12:79:03:10 and has entered into a
  valid license agreement signed by the secretary;
(32) "Licensed processor," a processor who
  meets the requirements of §
									12:79:03:09 and has a current and
  valid license agreement signed by the secretary;
(33) "Licensed producer," a producer who has
  a verifiable address, that meets the requirements of §
									12:79:03:05, and has a current and
  valid license agreement signed by the secretary;
(34) "Marbling score," a description of the
  amount, distribution, and texture of intramuscular fat found in the longissimus
  muscle that was exposed between the twelfth and thirteenth rib of a beef
  carcass. The degrees of marbling referenced in the specifications, in order of
  descending quantity are: slightly abundant, moderate, modest, small, slight,
  traces, and practically devoid;
(35) "Marketer," a person who raises
  certified enrolled cattle or purchases certified enrolled finished cattle
  before harvest, contracts to have them processed by a licensed processor and
  then markets the resulting beef product to wholesalers, retailers, or the
  public; or a person who purchases beef product processed by a licensed
  processor and markets the beef product to wholesalers, retailers, or the
  public; or a person who purchases certified enrolled finished cattle before
  harvest and then sells those cattle to a licensed processor or another licensed
  marketer;
(36) "Meat inspection
  program," the meat inspection program administered by the Animal Industry Board
  pursuant to SDCL chapter 39-5;
(37)
  "Minimally processed," beef that has been subject only to minimal processing,
  including those traditional processes used to make food edible, or to preserve
  it or make it safe for human consumption, e.g., smoking, roasting, freezing,
  drying, and fermenting; or those physical processes that do not fundamentally
  alter the raw product or that only separate a whole, intact food into component
  parts, as defined in "Food Standards and Labeling Policy Book";
(38) "Natural beef program," the
SOUTH DAKOTA CERTIFIED
TM natural
  designation as described by this article;
(39) "Natural enrolled cattle program," the
SOUTH DAKOTA CERTIFIED ENROLLED
  CATTLE
TM natural designation as described
  by this article;
(40) "Person," a
  natural person, or an association, partnership, cooperative corporation,
  limited liability partnership, limited liability company, or corporation
  registered with the Secretary of State to do business in the State of South
  Dakota;
(41) "Processing procedures
  manual," the document written by the processor and approved by the secretary
  that describes the policies, procedures, and processes used for harvesting,
  processing, segregating, and tracking beef product meeting beef program or
  natural beef program requirements;
(42) "Processor," a meat processing
  establishment regularly engaged in the harvesting of live cattle or preparation
  or processing of beef product and that is either licensed by the meat
  inspection program or undergoes inspections conducted by the USDA Food Safety
  Inspection Service, as described in 9 C.F.R. Ch. III (January 1,
  2005);
(43) "Processor license,"
  the nonexclusive, nontransferable permission granted to a processor via a
  license agreement authorizing the use of the certification mark;
(44) "Producer," a person who raises, owns,
  feeds, or finishes cattle;
(45)
  "Producer license," the nonexclusive, nontransferable permission granted to a
  producer via a license agreement to use the "
SOUTH DAKOTA CERTIFIED
  ENROLLED CATTLE
TM trademark;
(46) "Product sample," a sample of beef
  product collected and submitted for testing pursuant to this article and a
  license agreement;
(47) "Program,"
  any of the programs specified in subdivision (49) of this section;
(48) "Programs," the beef program, enrolled
  cattle program, natural beef program, and natural enrolled cattle programs,
  collectively;
(49) "Proprietary
  right," the certification mark and any other service mark, trademark,
  certification mark, copyrights, know-how, trade secrets, or other intellectual
  property rights owned by the State of South Dakota and authorized for use in
  conjunction with any program;
(50)
  "Ribeye area," the area of longissimus muscle only between the twelfth and
  thirteenth rib of a beef carcass;
(51) "Secretary," the secretary of the
  Department of Agriculture or the secretary's designee;
(52) "
SOUTH DAKOTA
  CERTIFIED
TM beef," tier one or tier two
  packaged beef products from certified finished cattle processed within the
  State of South Dakota in conformity with the requirements of the beef program
  and the license agreement;
(53)
  "
SOUTH DAKOTA CERTIFIED ENROLLED
  CATTLE
TM natural program," the requirements
  governing the production and management of certified natural feeder cattle and
  certified natural finished cattle as specified in this article;
(54) "
SOUTH DAKOTA CERTIFIED ENROLLED
  CATTLE
TM program," the requirements
  governing the production and management of certified feeder cattle and
  certified finished cattle as specified in this article;
(55) "
SOUTH DAKOTA
  CERTIFIED
TM natural beef," tier one or tier
  two packaged beef products from certified natural finished cattle processed
  within the State of South Dakota in conformity with the requirements of §
									12:79:10:03 and the license
  agreement;
(56) "Steer," male
  bovine that has been neutered before reaching eight months of age;
(57) "Trained producer," a producer who is in
  the process of becoming a licensed producer and has attended a BQA/CMP
  certificate session conducted by a SDSU livestock educator where producers
  learn proper BQA cattle handling practices and receive a CMP form upon
  completion of the training;
(58)
  "USDA," the United States Department of Agriculture; and
(59) "Verifiable address," an identifiable
  physical location in South Dakota that represents a unique and describable
  geographic location where activity affecting the health or the traceability of
  livestock may occur;
(60) "Yield
  grade," the indicated yield of closely trimmed (1/2 inch fat or less), boneless
  retail cuts expected to be derived from the major wholesale cuts (round,
  sirloin, short loin, rib, and square-cut chuck) of a carcass.
General Authority:
SDCL
		39-24-6(1) to
		(5), inclusive.
Law Implemented:
SDCL
		39-24-1 to
		39-24-10, inclusive.
Note:
"Meat processing establishment" is defined in SDCL
		39-5-6(17).
"South Dakota Beef Quality Assurance/Critical Management Plan
		Program," South Dakota Beef Industry Board, revised through February 2006,
		distributed by the South Dakota Beef Industry Council, 316 South Coteau,
		Pierre, SD.
"Food Standards and Labeling Policy Book," revised for web
		publication August, 2005, published by the USDA Food Safety Inspection Service.
		Copies may be obtained by internet from
http://www.fsis.usda.gov/OPPDE/larc/Policies/Labeling_Policy_Book_082005.pdf
.
		There is no charge for the
		publication.