reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:10 - Brand board › Chapter 12:10:01 - Brand registration and use › Section 12:10:01:14 - Transfer fee

Current through Register Vol. 51, page 10, July 15, 2024
A fee of $ 2-5- 50 is required for each transfer of a registered
	 brand.
General Authority:
SDCL
		40-18-16
Law Implemented:
SDCL
		40-19-15
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:10 - Brand board › Chapter 12:10:01 - Brand registration and use › Section 12:10:01:15 - Duplicate certificate fee

Current through Register Vol. 51, page 10, July 15, 2024
A fee of $ 20 is required for each duplicate of a brand registration
	 certificate.
General Authority:
SDCL
		40-18-16
Law Implemented:
SDCL
		40-19-16.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:10 - Brand board › Chapter 12:10:01 - Brand registration and use › Section 12:10:01:16 - Brand registration application fee

Current through Register Vol. 51, page 10, July 15, 2024
A fee of $40 is required for each brand application filed for cattle,
	 horses, buffalo or sheep brands.
General Authority:
SDCL
		40-18-16
Law Implemented:
SDCL
		40-19-16
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:10 - Brand board › Chapter 12:10:02 - Theft prevention › Section 12:10:02:01 - Applications for open market designation

Current through Register Vol. 51, page 10, July 15, 2024
Licensed livestock auction markets and slaughter plants located outside
	 the livestock ownership inspection area may apply for open market designation
	 if they meet the following criteria:
(1) The applicant's facilities are within 45
  miles of the inspection area boundary by an all-weather road;
(2) The applicant's facilities received at
  least 2,500 head of cattle from the ownership inspection area within the 12
  months preceding the date of the application if the applicant is a livestock
  auction market;
(3) The applicant
  has adequate facilities for the ownership inspection of livestock as determined
  by the inspector in accordance with SDCL
  40-20-38 and
  40-21-5;
(4) The applicant agrees to deposit and
  maintain funds in an escrow account to cover expenses of providing brand
  inspection as required by the board or its authorized agent;
(5) The applicant has no history of violating
  livestock ownership or inspection requirements; and
(6) The applicant, if it is a slaughter plant
  subject to licensure, inspection, or regulation in the state where their
  business is located, must provide evidence of permission to operate as a custom
  slaughter plant in that state.
The application must be on forms provided by the board. The board shall
	 consider whether the criteria listed in this section have been met in deciding
	 to approve or reject the application.
Upon approval of an application, the board shall forward one signed
	 copy to the inspection agency and one signed copy to the applicant. The
	 original application shall be retained in the Brand Board
	 office.
General Authority:
SDCL
		40-18-16,
		40-21-5.
Law Implemented:
SDCL
		40-20-38,
		40-21-5.
Note:
A list of designated open markets may be obtained
		from the Brand Board, 413 S. Fort, Pierre, South Dakota,
		57501.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:10 - Brand board › Chapter 12:10:02 - Theft prevention › Section 12:10:02:01.01 - Canceling open market designation

Current through Register Vol. 51, page 10, July 15, 2024
The board may cancel an open market designation if it determines
	 that:
(1) The owner or manager of the
  facilities fails to comply with ownership inspection laws or rules or bonding
  and licensing requirements, including the laws and rules of the Packers and
  Stockyards Administration;
(2) The
  conditions at the facilities are inadequate or insufficient light exists for
  livestock ownership inspection as required by SDCL 40-20-38;
(3) It is no longer economically feasible to
  maintain an inspector at the facilities; or
(4) The livestock auction market has not
  received at least 2,500 head of cattle from the ownership inspection area
  within the preceding 12 months.
General Authority:
SDCL 40-18-16, 40-21-5.
Law Implemented:
SDCL 40-20-38,
		40-21-5.
Livestock ownership inspection area, SDCL ch 40-20.
Brand inspection and theft prevention, SDCL ch 40-21.
Livestock auction agencies, SDCL ch 40-15.
Livestock dealers, packers, and packer buyers, SDCL ch 40-15A.
Theft prevention, ch 12:10:02.
7 U.S.C.
		§§
												192,
		196,
		203,
		204,
		206,
		208,
		213,
		217 a, and 228b, Packers and
		Stockyards Act of 1921, as amended through August 31, 1994.
9 C.F.R. Part 201, regulations under the Packers and Stockyards Act,
		as amended through August 31, 1994.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:10 - Brand board › Chapter 12:10:02 - Theft prevention › Section 12:10:02:05 - Inspection fee

Current through Register Vol. 51, page 10, July 15, 2024
A fee of one dollar per head shall be charged for inspection of all
	 cattle, horses, and mules regardless of age. The inspection fee also applies to
	 calves and colts.
General Authority:
SDCL
		40-18-16.
Law Implemented:
SDCL
		40-21-7
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:10 - Brand board › Chapter 12:10:02 - Theft prevention › Section 12:10:02:19 - Authorized bill of sale

Current through Register Vol. 51, page 10, July 15, 2024
The bill of sale used to transfer ownership of livestock shall contain
	 the names and addresses of the buyer and seller, the date of the transaction,
	 the number and description of the animals being transferred, a drawing of the
	 brand, the location where the brand appears on the animal, an affirmation
	 signed by the seller stating the brand is registered with the State Brand
	 Board, and the signatures of two witnesses.
General Authority:
SDCL
		40-20-26.2.
Law Implemented:
SDCL
		40-20-26.2.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:10 - Brand board › Chapter 12:10:02 - Theft prevention › Section 12:10:02:20 - Distribution of copies of bill of sale

Current through Register Vol. 51, page 10, July 15, 2024
The original bill of sale is the purchaser's copy and shall be given to
	 the brand inspector when the livestock are subsequently sold or transferred by
	 the purchaser.
General Authority:
SDCL
		40-20-26.2.
Law Implemented:
SDCL
		40-20-26.2.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:10 - Brand board › Chapter 12:10:02 - Theft prevention › Section 12:10:02:23 - Grazing permit restrictions

Current through Register Vol. 51, page 10, July 15, 2024
If the holder of a South Dakota grazing permit moves livestock to
	 locations other than those listed on the grazing permit, the livestock are
	 subject to the ownership inspection laws of South Dakota. Grazing permits are
	 valid for two calendar years.
General Authority:
SDCL
		40-18-16.
Law Implemented:
SDCL
		40-20-5.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:10 - Brand board › Chapter 12:10:02 - Theft prevention › Section 12:10:02:25 - Lifetime transportation permit for horses

Current through Register Vol. 51, page 10, July 15, 2024
A lifetime transportation permit for a horse requires an ownership
	 inspection of the horse by an authorized inspector of the Brand Board. Only one
	 horse is covered by each lifetime transportation permit.
The permit must contain a description of the horse denoting breed,
	 color, sex, approximate weight, and any marks or brands, and the name and
	 address of the owner.
The person transporting the horse must have the permit in
	 possession.
The fee for a lifetime transportation permit is $20.
The permit provides proof of ownership of the horse and is valid until
	 the horse changes ownership, at which time the previous owner shall surrender
	 the permit to the Brand Board or its authorized agent.
General Authority:
SDCL
		40-18-16.
Law Implemented:
SDCL
		40-20-4.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:10 - Brand board › Chapter 12:10:02 - Theft prevention › Section 12:10:02:25.01 - Lifetime transportation permit - Reciprocity for horses

Current through Register Vol. 51, page 10, July 15, 2024
A valid lifetime transportation permit issued by a state where
	 livestock ownership inspection is required may be accepted by the board as
	 authorization for a person to leave the livestock ownership inspection area
	 with the person's horse for purposes other than for sale or slaughter. A
	 livestock inspector may, at the inspector's discretion, inspect the horse for
	 ownership if the horse fails to match the description noted on the
	 permit.
General Authority:
SDCL
		40-18-16.
Law Implemented:
SDCL
		40-20-4.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:10 - Brand board › Chapter 12:10:02 - Theft prevention › Section 12:10:02:26 - Shipper's permit

Current through Register Vol. 51, page 10, July 15, 2024
A shipper's permit is valid only for transporting livestock for
	 purposes of sale or slaughter to a designated open market or to a
	 slaughterhouse. The shipper's permit must contain the name and address of the
	 shipper and owner, the name of the market or slaughterhouse destination, the
	 date of the shipment, the name of the trucking firm transporting the livestock,
	 and a statement agreeing not to divert the shipment of livestock to a place
	 other than the listed destination. The permit must be signed by the shipper or
	 owner and an authorized agent of the board.
The permit must be on a prenumbered form and must be made in
	 triplicate. The original must be mailed immediately to the chief brand
	 inspector. The second copy must be in the possession of the shipper. The third
	 copy must be retained by the authorized agent.
If livestock arrive at an open market without a shipper's permit, the
	 livestock may be sold; but the market must hold the proceeds of the sale until
	 the proceeds are released by the chief brand inspector. The market brand
	 inspector shall file a written report of the violation with the chief inspector
	 and the board which contains the names and addresses of the shipper and the
	 owner, date of shipment, and number of head of livestock
	 involved.
General Authority:
SDCL
		40-18-16.
Law Implemented:
SDCL
		40-18-16,
		40-20-7.
Applications for open market designation, §
											12:10:02:01.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:10 - Brand board › Chapter 12:10:02 - Theft prevention › Section 12:10:02:28 - Annual horse and mule transportation permit

Current through Register Vol. 51, page 10, July 15, 2024
A permit for the transportation of horses and mules that originate
	 outside the South Dakota ownership inspection area is available from the board
	 for a fee of three dollars. The permit allows the holder to transport horses
	 and mules into and back out of the ownership inspection area for purposes other
	 than sale or trade.
The permit shall be made in duplicate and must be prenumbered. The
	 permit shall be on a form provided by the board.
The permit must be in the possession of the person transporting the
	 horse or mule. A copy of the permit shall be forwarded to the board. The permit
	 expires on December 31 of the year in which it is issued. The permit is not
	 proof of ownership of the horse or mule.
General Authority:
SDCL
		40-18-16.
Law Implemented:
SDCL
		40-20-4.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:10 - Brand board › Chapter 12:10:02 - Theft prevention › Section 12:10:02:29 - Lighting requirements for livestock ownership inspection during hours of darkness - Approval of facilities

Current through Register Vol. 51, page 10, July 15, 2024
Ownership inspection of livestock during hours of darkness is
	 authorized when the minimum light where livestock ownership inspection is
	 performed measures at least 70 footcandles at 36 inches above ground level and
	 the facility has obtained board approval to conduct such inspections.
Facilities may be approved by the board for ownership inspection during
	 hours of darkness when lighting conditions meet the criteria in this section.
	 The board may issue a certificate of approval for display at the
	 facility.
The owner of a facility approved by the board must arrange for
	 nighttime inspections with the inspector. Ownership inspection of livestock
	 during hours of darkness may be performed only when the lighted facilities, in
	 the judgment of the livestock inspector, meet the minimum standards in this
	 section.
General Authority:
SDCL
		40-18-16,
		40-21-6.
Law Implemented:
SDCL
		40-21-6.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:10 - Brand board › Chapter 12:10:02 - Theft prevention › Section 12:10:02:32 - Mileage fee

Current through Register Vol. 51, page 10, July 15, 2024
An inspector may collect the mileage fee set by §
									5:01:02:01 for each mile traveled
	 to perform livestock ownership inspection. The mileage shall be based on the
	 most accessible route to and from the inspector's duty station and the
	 inspection site.
The inspector shall prorate the mileage fee equally among multiple
	 livestock owners at one common inspection site.
General Authority:
SDCL
		40-18-16.
Law Implemented:
SDCL
		40-20-40.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:10 - Brand board › Chapter 12:10:02 - Theft prevention › Section 12:10:02:33 - Suspension or revocation of feedlot permit

Current through Register Vol. 51, page 10, July 15, 2024
The board may suspend or revoke a registered feedlot permit if it
	 determines that:
(1) The owner or
  manager of the facility fails to comply with the requirements of SDCL
  40-20-32;
(2) The owner or manager fails to obtain an
  ownership inspection of livestock that leave the facility for purposes other
  than direct slaughter;
(3) The
  owner or manager fails to obtain a permit for cattle leaving the feedlot for
  slaughter as required by SDCL
  40-20-35;
(4) The owner or manager fails to maintain
  inventory records and inspection certificates or refuses to allow an inspection
  of such records as required by SDCL
  40-20-36; or
(5) The owner or manager violates any
  livestock ownership inspection laws in SDCL chapter 40-21.
General Authority:
SDCL
		40-18-16,
		40-20-33.
Law Implemented:
SDCL
		40-20-32,
		40-20-33.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:10 - Brand board › Chapter 12:10:02 - Theft prevention › Section 12:10:02:34 - Application for permission to use out-of-state brand

Current through Register Vol. 51, page 10, July 15, 2024
A person may apply to the board on a form provided by the board for
	 permission to use the person's out-of-state brand.
General Authority:
SDCL
		40-18-16.
Law Implemented:
SDCL
		40-19-10.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:10 - Brand board › Chapter 12:10:02 - Theft prevention › Section 12:10:02:35 - Requirements for branding calves with out-of-state brand

Current through Register Vol. 51, page 10, July 15, 2024
Calves born to cows imported for grazing purposes within the ownership
	 inspection area may be branded with an out-of-state brand authorized by the
	 board pursuant to §
									12:10:02:34 if the following
	 conditions are met:
(1) The cows and
  calves are inspected for ownership at branding time;
(2) The calves are branded with the owner's
  registered brand;
(3) The calves
  are less than three months old; and
(4) The brand is not a duplicate of or in
  conflict with a previously registered brand.
General Authority:
SDCL
		40-18-16.
Law Implemented:
SDCL
		40-19-1,
		40-19-10.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:10 - Brand board › Chapter 12:10:02 - Theft prevention › Section 12:10:02:36 - Requirements for branding yearling stocker cattle with out-of-state brand

Current through Register Vol. 51, page 10, July 15, 2024
Yearling stocker cattle imported or purchased for feeding purposes
	 within the ownership inspection area may be branded with an out-of-state brand
	 authorized by the board pursuant to §
									12:10:02:34 if the following
	 conditions are met:
(1) An ownership
  inspection is made at branding time;
(2) The owner provides the inspector with
  proof of ownership of the cattle;
(3) The cattle are branded with the owner's
  registered brand; and
(4) The brand
  is not a duplicate of or in conflict with a previously registered
  brand.
General Authority:
SDCL
		40-18-16.
Law Implemented:
SDCL
		40-19-1,
		40-19-10.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:10 - Brand board › Chapter 12:10:02 - Theft prevention › Section 12:10:02:37 - Estray livestock - Cost of feeding and keeping

Current through Register Vol. 51, page 10, July 15, 2024
If a timely claim is filed pursuant to SDCL
	 40-29-24, the board shall pay the
	 claimant for the portion of the claim that the board determines to be valid
	 pursuant to SDCL
	 40-29-26. In determining the
	 validity of a claim, the board shall consider the prevailing per day cost for
	 the feeding and keeping of similar livestock in the area where the estray was
	 found, and the prevailing transportation cost in that area. No claim may be
	 filed for a period in excess of 10 days unless the claimant kept the estray for
	 a longer period of time at the request of the board or the
	 sheriff.
General Authority:
SDCL
		40-18-16.
Law Implemented:
SDCL
		40-29-24,
		40-29-25,
		40-29-26.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:10 - Brand board › Chapter 12:10:03 - Rodeo stock transportation permit › Section 12:10:03:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Words defined in SDCL chapters 40-18 through 40-21, inclusive, have the
	 same meaning when used in this chapter. In addition, terms used in this chapter
	 mean:
(1) "Board," the South Dakota
  State Brand Board;
(2) "Bona fide
  rodeo producer," a person who organizes rodeos or provides stock to
  rodeos;
(3) "Rodeo," a competition
  in which performers display their skills in events such as saddle bronc riding,
  bareback bronc riding, bull riding, steer wrestling, barrel racing, roping,
  cutting, goat tying, or pole bending;
(4) "Rodeo stock," the horses, bulls, steers,
  heifers, and calves used in rodeo competition;
(5) "Rodeo stock transportation permit," an
  annual permit that allows rodeo stock to be transported out of the ownership
  inspection area for the purpose of attending a rodeo, or to be transported into
  and back out of the ownership inspection area from within the state for the
  purpose of attending a rodeo, without an ownership inspection.
General Authority:
SDCL
		40-18-16,
		40-20-4.4.
Law Implemented:
SDCL
		40-20-4.4.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:10 - Brand board › Chapter 12:10:03 - Rodeo stock transportation permit › Section 12:10:03:02 - Application for permit

Current through Register Vol. 51, page 10, July 15, 2024
A bona fide rodeo producer who is an owner of rodeo stock may apply to
	 the board for a rodeo stock transportation permit on forms approved by the
	 board.
General Authority:
SDCL
		40-18-16,
		40-20-4.4.
Law Implemented:
SDCL
		40-20-4.4.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:10 - Brand board › Chapter 12:10:03 - Rodeo stock transportation permit › Section 12:10:03:03 - Permit fee

Current through Register Vol. 51, page 10, July 15, 2024
The annual fee for the permit is one hundred dollars.
General Authority:
SDCL
		40-18-16,
		40-20-4.4.
Law Implemented:
SDCL
		40-20-4.4.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:10 - Brand board › Chapter 12:10:03 - Rodeo stock transportation permit › Section 12:10:03:04 - Eligibility

Current through Register Vol. 51, page 10, July 15, 2024
The applicant must personally appear before the board. The board may
	 approve an application for a rodeo stock transportation permit if it finds
	 that:
(1) The applicant is a bona fide
  rodeo producer;
(2) The applicant
  is the owner of the rodeo stock and the rodeo stock bears the applicant's
  registered brand;
(3) There is an
  additional means of permanent, individual identification of the rodeo stock,
  including tattoos, number brands, or photographs;
(4) The applicant has no history of violating
  ownership or inspection requirements; and
(5) The applicant consents to the random
  inspection of the rodeo stock at any time during the term of the permit as a
  condition of the permit.
General Authority:
SDCL
		40-18-16,
		40-20-4.4.
Law Implemented:
SDCL
		40-20-4.4.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:10 - Brand board › Chapter 12:10:03 - Rodeo stock transportation permit › Section 12:10:03:05 - Permit

Current through Register Vol. 51, page 10, July 15, 2024
After an application is approved by the board, the rodeo stock
	 transportation permit is effective upon:
(1) An ownership inspection of the rodeo
  stock;
(2) Documentation by the
  inspector of the additional means of permanent, individual identification of
  the rodeo stock;
(3) Endorsement of
  the permit by the inspector;
(4)
  Payment of the fee for the permit;
(5) Payment of the ownership inspection fee;
  and
(6) Payment of the mileage fee.
A copy of the inspection certificate must be attached to the permit,
	 and a copy of the permit must accompany the rodeo stock during transportation.
	 A rodeo stock transportation permit expires on December 31 of the year in which
	 it is issued.
General Authority:
SDCL
		40-18-16,
		40-20-4.4.
Law Implemented:
SDCL
		40-20-4.4.
		40-20-40.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:10 - Brand board › Chapter 12:10:03 - Rodeo stock transportation permit › Section 12:10:03:06 - Amendment of permit

Current through Register Vol. 51, page 10, July 15, 2024
Rodeo stock may be added to a permit upon completion of an ownership
	 inspection, documentation by the inspector of the additional means of
	 permanent, individual identification of the rodeo stock, and payment of the
	 inspection fee. A copy of the inspection certificate must be attached to the
	 permit.
General Authority:
SDCL
		40-18-16,
		40-20-4.4.
Law Implemented:
SDCL
		40-20-4.4.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:10 - Brand board › Chapter 12:10:03 - Rodeo stock transportation permit › Section 12:10:03:07 - Random inspection

Current through Register Vol. 51, page 10, July 15, 2024
No ownership inspection fee may be charged for a random inspection of
	 rodeo stock unless the brand inspector determines that the rodeo stock does not
	 match those listed in the inspection certificates attached to the permit, or
	 unless in the judgment of the inspector, either the permit or the attached
	 inspection certificates have been altered, forged, misrepresented, or otherwise
	 tampered with.
General Authority:
SDCL
		40-18-16,
		40-20-4.4.
Law Implemented:
SDCL
		40-20-4.4.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:10 - Brand board › Chapter 12:10:03 - Rodeo stock transportation permit › Section 12:10:03:08 - Renewal

Current through Register Vol. 51, page 10, July 15, 2024
A rodeo stock transportation permit may be renewed by submitting an
	 application for renewal on a form approved by the board. The permit renewal is
	 effective upon:
(1) An ownership
  inspection of the rodeo stock;
(2)
  Documentation by the inspector of the additional means of permanent, individual
  identification of the rodeo stock;
(3) Endorsement of the permit by the
  inspector;
(4) Payment of the fee
  for the permit; and
(5) Payment of
  the ownership inspection fee.
General Authority:
SDCL
		40-18-16,
		40-20-4.4.
Law Implemented:
SDCL
		40-20-4.4.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:10 - Brand board › Chapter 12:10:03 - Rodeo stock transportation permit › Section 12:10:03:09 - Revocation of permit

Current through Register Vol. 51, page 10, July 15, 2024
The board may revoke a rodeo stock transportation permit for conduct
	 that constitutes a violation of the ownership inspection laws, violation of the
	 conditions described in the permit, failure or refusal to pay the fee for the
	 permit or the inspection fees, or refusal to allow a random
	 inspection.
General Authority:
SDCL
		40-20-16,
		40-20-4.4.
Law Implemented:
SDCL
		40-20-4.4.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:01 - Frozen dairy desserts › Section 12:11:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL
	 39-8-1 have the same meaning when
	 used in this article. In addition, terms used in this article mean:
(1) "C I P" or "cleaned in place," the
  procedure by which sanitary pipelines or pieces of dairy equipment are
  mechanically cleaned in place by circulation;
(2) "Dairy plant" or "plant," a place,
  premise, or establishment where milk or dairy products are received or handled
  for the processing or manufacturing of mix and frozen dairy desserts;
(3) "Department," the secretary of
  agriculture or his authorized agent;
(4) "Frozen dairy dessert," any frozen or
  partially frozen combination of two or more of the following: milk or milk
  products, eggs or egg products, sugar, water, fruit or fruit juices, candy, nut
  meats, or other harmless and wholesome food products such as flavors, color,
  and stabilizer, including ice cream, ice milk, frozen custard, milk sherbets,
  frozen milk shakes, soft-serve ice cream or ice milk, frozen yogurts, and
  lowfat or nonfat frozen desserts;
(5) "Dry powder mix," the dry, unfrozen
  combination of two or more of the following ingredients or their derivatives,
  which have been pasteurized according to subdivision (5) of SDCL
  39-8-1 and which, when
  reconstituted, meet the standard of the product declared on the label: milk or
  milk products, eggs or egg products, sugars, fruit or fruit juices, candy, nut
  meats, other harmless and wholesome food products, flavors, color, and harmless
  stabilizer;
(6) "Secretary," the
  secretary of agriculture
General Authority:
SDCL
		39-8-10.
Law Implemented:
SDCL
		39-8-10.
Official Methods of Analysis
, 16th edition, 1999,
		Association of Official Analytical Chemists, Gaithersburg, MD. Copies may be
		obtained from the Association of Official Analytical Chemists International,
		Customer Service, 481 N. Frederick Ave., Suite 500, Gaithersburg, MD
		20877-2417.
Standard Methods for the Examination of Dairy Products
,
		17th edition, 2004, H. Michael Wehr, Ph.D., and Joseph F. Frank, Ph.D.,
		Editors, American Public Health Association, Washington, D.C. Copies may be
		obtained from the American Public Health Association, 1015 15th Street, N. W.,
		Washington, D. C. 20005.
3-A Sanitary Standards and Accepted Practices
, November
		21, 1999, formulated by the Dairy Industry Committee, International Association
		of Milk, Food and Environmental Sanitarians, U.S Public Health Service, U.S.
		Department of Agriculture, Dairy and Food Industries Supply Association, and
		Poultry and Egg Institute of America. Published by the Journal of Food
		Protection. Copies may be obtained from the International Association of Milk,
		Food and Environmental Sanitarians, Box 701, Ames, Iowa
		50010.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:01 - Frozen dairy desserts › Section 12:11:01:01.01 - Frozen dairy dessert mix defined

Current through Register Vol. 51, page 10, July 15, 2024
Frozen dairy dessert mix is the unfrozen liquid product which is used
	 in the manufacture of frozen dairy desserts, including ice cream mix, low fat
	 ice cream mix, ice milk mix, ice milk shake mix, sherbet mix, custard mix, or
	 any other mix that contains the ingredients for a frozen dairy
	 dessert.
General Authority:
SDCL
		39-8-10.
Law Implemented:
SDCL
		39-8-10.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:01 - Frozen dairy desserts › Section 12:11:01:01.02 - Ice cream mix defined

Current through Register Vol. 51, page 10, July 15, 2024
Ice cream mix is the unfrozen liquid product used in the manufacture of
	 ice cream. Ice cream mix must contain a minimum of 10 percent milk fat and a
	 minimum of 35.6 percent total food solids. Ice cream mix must contain not less
	 than 3.2 pounds of total solids to the gallon and weigh not less than 9 pounds
	 to the gallon.
General Authority:
SDCL
		39-8-10.
Law Implemented:
SDCL
		39-8-10.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:01 - Frozen dairy desserts › Section 12:11:01:01.03 - Ice milk mix/low fat ice cream mix defined

Current through Register Vol. 51, page 10, July 15, 2024
Ice milk mix/low fat ice cream mix is the unfrozen liquid product used
	 in the manufacture of soft-serve ice milk and frozen milk shakes. Ice milk
	 mix/low fat ice cream mix must contain a minimum of 2 percent milk fat but not
	 more than 7 percent milk fat and a minimum of 28.9 percent total food solids.
	 Ice milk mix/low fat ice cream mix must contain not less than 2.6 pounds of
	 total solids to the gallon and weigh not less than 9 pounds to the
	 gallon.
General Authority:
SDCL
		39-8-10.
Law Implemented:
SDCL
		39-8-10.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:01 - Frozen dairy desserts › Section 12:11:01:01.04 - Ice milk shake mix defined

Current through Register Vol. 51, page 10, July 15, 2024
Ice milk shake mix is the unfrozen liquid product used in the
	 manufacture of frozen milk shakes. Ice milk shake mix must contain a minimum of
	 2 percent milk fat but not more than 7 percent milk fat and a minimum of 23
	 percent total food solids. Ice milk shake mix must contain not less than 2.07
	 pounds of total solids to the gallon and weigh not less than 9 pounds to the
	 gallon.
General Authority:
SDCL
		39-8-10.
Law Implemented:
SDCL
		39-8-10.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:01 - Frozen dairy desserts › Section 12:11:01:01.05 - Frozen milk shake defined

Current through Register Vol. 51, page 10, July 15, 2024
Frozen milk shake is the semifrozen dessert produced from ice milk mix
	 or ice milk shake mix. Frozen milk shake must contain a minimum of 2 percent
	 milk fat but not more than 7 percent milk fat and a minimum of 23 percent total
	 solids.
General Authority:
SDCL
		39-8-10.
Law Implemented:
SDCL
		39-8-10.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:01 - Frozen dairy desserts › Section 12:11:01:01.06 - Frozen yogurt defined

Current through Register Vol. 51, page 10, July 15, 2024
Frozen yogurt, lowfat frozen yogurt, and nonfat frozen yogurt are
	 frozen dairy products made from milk, with or without added solids, flavoring
	 fruits, or seasoning, which has been pasteurized and afterwards fermented by
	 one or more strains of lactobacillus bulgaricus, including yogurt strains,
	 streptococcus thermophilus, and lactobacillus acidophilus.
General Authority:
SDCL
		39-8-10.
Law Implemented:
SDCL
		39-8-10.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:01 - Frozen dairy desserts › Section 12:11:01:02 - Standards of identity and label statements for frozen dairy desserts

Current through Register Vol. 51, page 10, July 15, 2024
Frozen dairy desserts must comply with the following standards of
	 identity and label statements:
(1) Ice
  cream, frozen custard, low fat ice cream, ice milk, fruit sherbets, mellorine,
  water ices, nonfruit sherbets, and nonfruit water ices shall meet the standards
  of identity and label statements prescribed in
  21 C.F.R.
  135.110 to
  21 C.F.R.
  135.160, inclusive (April 1, 1994);
(2) Lowfat frozen dairy dessert must meet the
  following standards:
(a) Contain not less than
  0.5 percent and not more than 1.9 percent milk fat by weight;
(b) Contain not less than 12 percent total
  milk solids by weight;
(c) Contain
  not less than 1.3 pounds of food solids per gallon;
(d) Weigh less than 4.5 pounds per
  gallon;
(e) Bear on the container
  the name "Lowfat Frozen Dairy Dessert"; and
(f) Comply with labeling requirements set
  forth in 21 C.F.R.
  101.1 to
  21 C.F.R.
  101.108, inclusive (April 1, 1994);
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:01 - Frozen dairy desserts › Section 12:11:01:03 - Quality standards for pasteurized dairy ingredients, mix, or frozen dairy desserts

Current through Register Vol. 51, page 10, July 15, 2024
At no time after pasteurization may frozen dairy desserts or frozen
	 dairy dessert mix or any product manufactured from them contain more than
	 50,000 bacteria per gram or shall contain more than 10 coliform organisms per
	 gram for plain or more than 20 coliform organisms per gram in chocolate, fruit,
	 nut or other flavors in accordance with the microbiological requirements set
	 forth in
General Specification for Dairy Plants Approved for USDA
	 Inspection and Grading Service.
If two of the last four consecutive
	 samples have exceeded the bacterial or coliform standard, the secretary shall
	 send a written notice to the person concerned. The notice shall remain in
	 effect as long as two of the last four samples exceed the limit of the
	 standard. An additional sample shall then be taken to determine compliance, but
	 not before the lapse of three days. Immediate suspension of permit shall be
	 instituted if three of the last five consecutive samples exceed the bacteria or
	 coliform standard.
General Authority:
SDCL
		39-8-10.
Law Implemented:
SDCL
		39-8-10.
General Specification for Dairy Plants Approved for USDA
		Inspection and Grading Service
, August 28, 2002. Copies may be obtained
		from the United States Department of Agriculture, Agricultural Marketing
		Service, Dairy Programs, Grading Branch, 1400 Independence Avenue, SW, Stop
		0230, Washington, DC 20250-0230 at no
		charge.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:01 - Frozen dairy desserts › Section 12:11:01:04 - Procedures for testing compliance of product with standards of identity and quality

Current through Register Vol. 51, page 10, July 15, 2024
The procedures used in testing and examining frozen dairy desserts and
	 frozen dairy dessert mix for compliance with SDCL 39-8 are those prescribed in
	 Standard Methods for the Examination of Dairy Products and Official Methods for
	 Analysis
General Authority:
SDCL
		39-8-10.
Law Implemented:
SDCL
		39-8-10,
		39-8-11.
Standard Methods for the Examination of Dairy Products
,
		17th edition, 2004, H. Michael Wehr, Ph.D. and Joseph F. Frank, Ph.D., Editors,
		American Public Health Association, Inc., Washington, D.C. Copies may be
		obtained from the American Public Health Association, 1015 15th Street N.W.,
		Washington, D.C. 20005.
Official Methods of Analysis
, 16th edition, 1999,
		Association of Official Analytical Chemists International, Gaithersburg, MD.
		Copies may be obtained from the Association of Official Analytical Chemists
		International, Customer Service, 481 N. Frederick Ave., Suite 500,
		Gaithersburg, MD 20877-2417.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:01 - Frozen dairy desserts › Section 12:11:01:05 - Frozen dairy dessert sampling

Current through Register Vol. 51, page 10, July 15, 2024
Samples of frozen dairy desserts from retail stores, food service
	 establishment, grocery stores, and other places where frozen dairy desserts are
	 sold shall be examined as determined by the secretary. The results of such
	 examinations shall be used to determine compliance with this chapter.
	 Proprietors of such establishments shall furnish the secretary, upon request,
	 with the names of all distributors from whom frozen dairy desserts are
	 obtained.
General Authority:
SDCL
		39-8-10.
Law Implemented:
SDCL
		39-8-10.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:02 - Requirements for plants › Section 12:11:02:01 - Premises

Current through Register Vol. 51, page 10, July 15, 2024
The plant area and surrounding shall be kept clean, orderly, and free
	 from refuse and rubbish, smoke, dust and air pollution, and strong or foul
	 odors. A drainage system shall be provided for rapid drainage of all water from
	 plant buildings including surface water around the plant and on the
	 premises.
General Authority:
SDCL
		39-8-4.
Law Implemented:
SDCL
		39-8-4.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:02 - Requirements for plants › Section 12:11:02:02 - Building construction and maintenance

Current through Register Vol. 51, page 10, July 15, 2024
Buildings shall be of sound construction. The exterior and interior
	 shall be kept clean and in good repair to protect against dust, dirt, and mold
	 and to prevent the entrance or harboring of insects, rodents, vermin, and other
	 animals.
General Authority:
SDCL
		39-8-3.
Law Implemented:
SDCL
		39-8-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:02 - Requirements for plants › Section 12:11:02:03 - Protection of building openings

Current through Register Vol. 51, page 10, July 15, 2024
Outside doors, windows, skylights, and transoms shall be screened or
	 otherwise covered. Outside doors shall open outward and be self-closing and
	 those leading to processing rooms shall be sound and tight-fitting. Window
	 sills on new construction shall be sloping. Outside conveyor openings and other
	 special outside openings shall be protected by doors, screens, flaps, fans, or
	 tunnels. Outside openings for sanitary pipelines shall be completely cemented
	 around the pipe opening or have tight metal collars.
General Authority:
SDCL
		39-8-3.
Law Implemented:
SDCL
		39-8-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:02 - Requirements for plants › Section 12:11:02:04 - Processing rooms separated from other rooms

Current through Register Vol. 51, page 10, July 15, 2024
All rooms, compartments, coolers, freezers, and dry storage space in
	 which any raw material, packaging, ingredient supplies, or finished products
	 are handled, processed, manufactured, packaged, or stored shall be separated
	 from the processing by a partition or suitable arrangement of equipment or
	 facilities so as to avoid contamination of milk or dairy products. Boiler and
	 tool rooms shall be separated from other rooms. Toilet and dressing rooms shall
	 be conveniently located and shall not open directly into any room in which
	 milk, dairy products, or ingredients are handled, processed, packaged, or
	 stored. Doors of all toilet rooms shall be self-closing and fixtures shall be
	 kept clean and in good repair.
General Authority:
SDCL
		39-8-3.
Law Implemented:
SDCL
		39-8-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:02 - Requirements for plants › Section 12:11:02:05 - Department to approve plans for new or remodeling of plant

Current through Register Vol. 51, page 10, July 15, 2024
Plans for new plant construction or major remodeling of existing plants
	 shall be submitted to the department for approval prior to new construction or
	 remodeling.
General Authority:
SDCL
		39-8-3.
Law Implemented:
SDCL
		39-8-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:02 - Requirements for plants › Section 12:11:02:06 - Interior finishing

Current through Register Vol. 51, page 10, July 15, 2024
The interior finishing including the walls, ceilings, partitions, and
	 posts of all rooms in which milk or dairy products are received, handled, or
	 processed and where mix and frozen dairy desserts are manufactured, packaged,
	 or stored, except dry storage of packaging materials, or in which equipment or
	 utensils are washed, shall be smoothly finished with a washable material of
	 light color that is substantially impervious to moisture. The floors in these
	 rooms shall be concrete or other impervious material and shall be smooth,
	 properly graded to drain, and have drains trapped. Rooms used for storing
	 frozen dairy desserts, frozen fruits, eggs, and comparable ingredients need not
	 be provided with floor drains, but the floors shall be kept clean. The plumbing
	 shall be installed so as to prevent backup of sewage into the plant. On new
	 construction or extensive remodeling, the floors shall be joined and coved with
	 the walls to form watertight joints. Sound, smooth, wood floors may be used in
	 packaging rooms where the nature of the product permits. Toilet and dressing
	 rooms shall have impervious floors and smooth walls.
General Authority:
SDCL
		39-8-3.
Law Implemented:
SDCL
		39-8-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:02 - Requirements for plants › Section 12:11:02:07 - Ventilation and lighting

Current through Register Vol. 51, page 10, July 15, 2024
All rooms and compartments, including storage space, toilet, and
	 dressing rooms, shall be ventilated to maintain sanitary conditions, prevent
	 undue condensation of water vapor, and minimize or eliminate objectionable
	 odors. Lighting, whether natural or artificial, shall be of good quality and
	 well distributed in all rooms and compartments. All rooms where milk, dairy
	 products mix and frozen dairy desserts are handled, processed, manufactured, or
	 packaged or where equipment or utensils are washed shall have at least 30
	 footcandles of light intensity on all working surfaces. Areas where dairy
	 products are examined for condition and quality shall have at least 50
	 footcandles of light intensity. All other rooms shall have at least 5
	 footcandles of light intensity measured 30 inches above the floor. Light bulbs
	 shall be protected against breakage.
General Authority:
SDCL
		39-8-3.
Law Implemented:
SDCL
		39-8-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:02 - Requirements for plants › Section 12:11:02:08 - Water supply

Current through Register Vol. 51, page 10, July 15, 2024
Both hot and cold water of safe and sanitary quality shall be available
	 in sufficient quantity for all plant operations and facilities. Water from
	 other lines, when officially approved, may be used for boiler feed water and
	 condenser water if the water lines are completely separated from the water
	 lines carrying the sanitary water supply and the equipment is constructed and
	 controlled so as to preclude contamination of any product or product contact
	 surface. There shall be no cross connections between safe and unsafe water
	 lines or between private and public supply.
General Authority:
SDCL
		39-8-3.
Law Implemented:
SDCL
		39-8-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:02 - Requirements for plants › Section 12:11:02:09 - Steam

Current through Register Vol. 51, page 10, July 15, 2024
Steam shall be supplied in sufficient volume and pressure for
	 satisfactory operation of each applicable piece of equipment. Steam that may
	 come into direct contact with milk or dairy products shall be culinary steam
	 conducted through a steam strainer and purifier equipped with a steam trap and
	 shall be free from any compounds that may contribute flavors or endanger
	 health. Only compounds complying with
	 21 C.F.R.
	 173.310, as amended to March 1, 2006, may be
	 used to prevent corrosion and scale in boilers, or to facilitate sludge
	 removal.
General Authority:
SDCL
		39-8-3.
Law Implemented:
SDCL
		39-8-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:02 - Requirements for plants › Section 12:11:02:10 - Disposal of wastes

Current through Register Vol. 51, page 10, July 15, 2024
The plant sewage system shall have sufficient slope and capacity to
	 remove readily all waste from processing operations. Where a public sewer is
	 not available, wastes shall be disposed of by an approved method. Containers
	 for the collection and holding of wastes shall be constructed of metal or other
	 equally impervious material, kept covered with tight-fitting lids and placed
	 outside the plant on a concrete slab or on a rack at least 12 inches above the
	 ground. Solid wastes shall be disposed of regularly and the containers cleaned
	 before reuse. Dry waste paper shall be bagged and hauled
	 away.
General Authority:
SDCL
		39-8-4.
Law Implemented:
SDCL
		39-8-4.
Private sewage disposal systems, ch
		74:53:01.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:02 - Requirements for plants › Section 12:11:02:11 - Construction of equipment and utensils

Current through Register Vol. 51, page 10, July 15, 2024
Equipment and utensils coming in contact with milk, dairy products,
	 mix, or frozen dairy desserts, including sanitary pumps, piping, fittings, and
	 connections, shall be constructed of stainless steel or equally corrosion
	 resistant material, except that if the use of stainless steel is not
	 practicable, or in old equipment, other tinned metals may be approved.
	 Nonmetallic parts with product contact surfaces shall be of material that meets
	 of the
3-A Sanitary Standards and Accepted Practices
for multiple
	 use rubber and rubber-like materials. Bulk storage and distribution equipment
	 for handling liquid sweetening agents shall consist of metals, alloys, or other
	 materials that will withstand corrosive action by the ingredients, and such
	 equipment and ingredients shall be protected from
	 contamination.
General Authority:
SDCL
		39-8-4.
Law Implemented:
SDCL
		39-8-4.
3-A Sanitary Standards and Accepted Practices
, November
		21, 1999, formulated by the Dairy Industry Committee, International Association
		of Milk, Food and Environmental Sanitarians, U.S. Public Health Service, U.S.
		Department of Agriculture, Dairy and Food Industries Supply Association, and
		Poultry and Egg Institute of America. Published by the Journal of Food
		Protection. Copies may be obtained from the International Association of Milk,
		Food and Environmental Sanitarians, Box 701, Ames, Iowa
		50010.