reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:78 - Livestock transactions › Chapter 12:78:01 - Livestock packer transactions › Section 12:78:01:03 - Packer records to be maintained

Current through Register Vol. 51, page 10, July 15, 2024
Any packer subject to SDCL chapter 40-15 B who purchases slaughter
	 livestock shall maintain the following information:
(1) A copy of each daily report submitted to
  the department pursuant to §
									12:78:01:02.
(2) A dated copy of all documents used for
  purposes of calculating prices paid for livestock, including the calculation of
  premiums or discounts, and including formulas used for pricing livestock.
The records must contain current information and must be maintained for
	 a period of two years. The records must be available for inspection during
	 normal business hours by the department or its authorized agents, and the South
	 Dakota Office of Attorney General or its authorized agents. Inspections of
	 records are subject to the confidentiality requirements of SDCL
	 1-27-29 to
	 1-27-31,
	 inclusive.
General Authority:
SDCL
		40-15B-7.
Law Implemented:
SDCL
		40-15B-2,
		40-15B-4,
		40-15B-7.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:78 - Livestock transactions › Chapter 12:78:01 - Livestock packer transactions › Section 12:78:01:04 - Order buyer and packer buyer reports

Current through Register Vol. 51, page 10, July 15, 2024
If a packer files timely daily reports pursuant to §
									12:78:01:02 and the reports
	 identify an order buyer, packer buyer, or other agent of the packer for a
	 specific agreement, then the agent listed need not also report the same
	 agreement on the agent's daily report.
If all agreements in which an order buyer, packer buyer, or other agent
	 are involved are timely reported and identified by the packer or packers for
	 whom the person acts as an agent, then the agent need not file
	 reports.
General Authority:
SDCL
		40-15B-7.
Law Implemented:
SDCL
		40-15B-4,
		40-15B-7.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:02 - Application and license agreement › Section 12:79:02:01 - Application

Current through Register Vol. 51, page 10, July 15, 2024
Any person desiring to participate in any program shall submit an
	 application to the department and participate in an in-person evaluation as a
	 part of the license application process as requested by the
	 department.
General Authority:
SDCL
		39-24-6(1),(3).
Law Implemented:
SDCL
		39-24-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:02 - Application and license agreement › Section 12:79:02:02 - Form of license agreement

Current through Register Vol. 51, page 10, July 15, 2024
If an application for participation in any program is approved, the
	 secretary shall issue a nonexclusive, nontransferable license to use the
	 applicable proprietary rights. The secretary shall establish the terms and
	 conditions included in the license agreement consistent with SDCL 39-24 and
	 this article. A license agreement shall include, but is not limited to, the
	 following requirements:
(1) The
  licensee shall agree not to use any proprietary rights of any program except as
  allowed by law or pursuant to the terms of the license agreement and this
  article;
(2) The licensee shall
  agree to follow all applicable program procedures and shall agree to keep
  detailed records showing full compliance with requirements of any program as
  applicable;
(3) The licensee shall
  agree to pay all fees and costs;
(4) The licensee shall agree to submit to all
  inspections and audits, and to allow or provide for access by the secretary to
  the licensee's facility, certified enrolled cattle, beef product, and records
  during regular business hours for such purposes;
(5) If a processor, the licensee shall agree
  to comply with any applicable meat inspection laws, regulations, and
  policies;
(6) The licensee shall
  represent that the applicable requirements set forth in this article for the
  animal or beef product at each applicable stage of production or processing
  will be met for the animal or beef product within the licensee's physical
  possession;
(7) The licensee shall
  agree to comply with all applicable state, federal, and local laws, rules, and
  ordinances;
(8) The licensee shall
  agree that the licensed rights may be suspended or terminated by the secretary
  as provided in this article or in the license agreement; and
(9) If a producer, the licensee shall have a
  current and valid Beef Quality Assurance/Critical Management Plan certification
  card issued by the South Dakota Cattlemen's Association.
General Authority:
SDCL
		39-24-6(1),(3).
Law Implemented:
SDCL
		39-24-3.
"South Dakota Beef Quality Assurance/Critical Management Plan
		Program," South Dakota Beef Industry Board, revised through November 9, 2011,
		published by the South Dakota Beef Industry Board, 316 South Coteau, Pierre,
		SD.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:02 - Application and license agreement › Section 12:79:02:03 - Denial of application

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may deny an application if the secretary determines that
	 issuing the license will put the integrity of any program at risk. In
	 determining whether granting an application may put the integrity of any
	 program at risk, the secretary may consider the following:
(1) Whether the applicant has the ability to
  comply with the applicable program requirements;
(2) Whether the applicant is willing to
  comply with the applicable program requirements;
(3) Whether the applicant has a criminal
  history;
(4) Whether the applicant
  is subject to the jurisdiction of any program;
(5) Whether the livestock to be enrolled will
  be subject to the jurisdiction of any program;
(6) Whether the licensed verifiable address
  is subject to the jurisdiction of any program;
(7) Whether the applicant has in the past
  failed to meet any requirements of any program; and
(8) Whether the applicant has done anything
  to jeopardize the integrity of any program.
General Authority:
SDCL
		39-24-6(1),(3).
Law Implemented:
SDCL
		39-24-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:03 - SOUTH DAKOTA CERTIFIED ENROLLED CATTLET and SOUTH DAKOTA CERTIFIEDT beef program requirements › Section 12:79:03:02 - Ear tags

Current through Register Vol. 51, page 10, July 15, 2024
The producer in physical possession of the animal at the time of birth
	 shall place an electronic ear tag on the left ear of the animal before the
	 enrollment of the animal. The electronic ear tag must be manufactured according
	 to the International Organization for Standardization (ISO) standard numbers
	 11784 and 11785 for tamper-resistant radio frequency identification electronic
	 ear tags. The electronic ear tag must remain on the enrolled animal for as long
	 as the animal is enrolled. If an electronic ear tag is lost or nonfunctioning
	 and the licensed producer seeks to continue enrollment for that animal, the
	 licensed producer shall provide an affidavit to the department showing that
	 identification of the animal has been maintained through an alternative
	 identification method unique to that animal and acceptable to the secretary,
	 and that the animal was subsequently tagged with a replacement electronic ear
	 tag.
General Authority:
SDCL
		39-24-6(1),(3),(4).
Law Implemented:
SDCL
		39-24-3.
"International Standard: Radio-frequency Identification of
		Animals-Code Structure," ISO 11784, revised through November 23, 2004,
		published by the International Organization for Standardization, Case Postale
		56, CH-1211 Geneva 20, Switzerland. Copies may be obtained by internet from
http://www.iso.org/iso/en/ISOOnline.frontpage
or by contacting the
ISO Central Secretariat
, International
		Organization for Standardization (ISO) 1, rue de Varembe, Case postale 56,
		CH-1211 Geneva 20, Switzerland. The cost for this publication is 75,00 CHF
		(Swiss francs).
"International Standard: Radio-frequency Identification of
		Animals-Technical Concept," ISO 11785, 1996, published by the International
		Organization for Standardization, Case Postale 56, CH-1211 Geneva 20,
		Switzerland. Copies may be obtained by internet from
http://www.iso.org/iso/en/ISOOnline.frontpage
or by contacting the
ISO Central Secretariat
, International
		Organization for Standardization (ISO) 1, rue de Varembe, Case postale 56,
		CH-1211 Geneva 20, Switzerland. The cost for this publication is 16,00 CHF
		(Swiss francs).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:03 - SOUTH DAKOTA CERTIFIED ENROLLED CATTLET and SOUTH DAKOTA CERTIFIEDT beef program requirements › Section 12:79:03:03 - Transfer procedure

Current through Register Vol. 51, page 10, July 15, 2024
To retain eligibility in the enrolled cattle program or the natural
	 program, the transfer of certified enrolled cattle shall be made as
	 follows:
(1) Every licensee who
  transfers physical possession of certified enrolled cattle to another licensee
  shall warrant that the certified enrolled cattle are on the date of the
  transfer in full compliance with all requirements of the applicable program.
  The warranty shall be in writing on a form required by the secretary, and shall
  be provided to the transferee before or at the time of transfer;
(2) Any transfer of physical possession of
  certified enrolled cattle from a licensed producer shall be only to another
  licensed producer or a licensed processor. This requirement does not apply if
  certified enrolled cattle are temporarily transferred to a veterinary facility
  or to a livestock auction market licensed by the Animal Industry Board for the
  purpose of sale;
(3) The transfer
  of certified enrolled cattle from one licensed producer to another shall be
  reported to the Department of Agriculture on the transfer warranty certificate.
  The certificate shall be on a form required by the secretary and must be kept
  as a record to document the receiving, shipping, and disposition of enrolled
  cattle within seven calendar days after the transfer:
(4) The treatment or disqualification and
  subsequent removal of cattle from the natural enrolled cattle program to the
  enrolled cattle program must be recorded in the producer's treatment records
  and on the transfer warranty certificate with the department within seven
  calendar days of the change;
(5)
  Any transfer other than as expressly provided for in these rules automatically
  terminates the enrollment of the animal in the enrolled cattle program and
  natural program unless specifically exempted by the secretary.
General Authority:
SDCL
		39-24-6(1),(3),(4).
Law Implemented:
SDCL
		39-24-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:03 - SOUTH DAKOTA CERTIFIED ENROLLED CATTLET and SOUTH DAKOTA CERTIFIEDT beef program requirements › Section 12:79:03:04 - Sex, breed, and age requirements

Current through Register Vol. 51, page 10, July 15, 2024
No animal may be enrolled in the enrolled cattle program or natural
	 enrolled cattle program unless it is:
(1) A heifer or steer; except that bull
  calves must be neutered before eight months of age to remain eligible to be
  enrolled as a steer;
(2) A breed
  other than
Bos indicus
breeds or other breeds with Brahman
  influence; and
(3) Not more than
  twenty-four months of age. When certified enrolled cattle reach twenty-four
  months of age, their enrollment authority expires and certification is no
  longer effective for that animal.
General Authority:
SDCL
		39-24-6(1),(3),(4).
Law Implemented:
SDCL
		39-24-2,
		39-24-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:03 - SOUTH DAKOTA CERTIFIED ENROLLED CATTLET and SOUTH DAKOTA CERTIFIEDT beef program requirements › Section 12:79:03:05 - Beef quality assurance requirements

Current through Register Vol. 51, page 10, July 15, 2024
Certified enrolled cattle shall be raised, fed, and finished in the
	 physical possession of a licensed producer who has a valid BQA/CMP certificate.
	 This requirement does not apply when certified enrolled cattle are temporarily
	 transferred to a veterinary facility or to a livestock auction market licensed
	 by the Animal Industry Board for purpose of sale.
General Authority:
SDCL
		39-24-6(1),(3),(4).
Law Implemented:
SDCL
		39-24-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:03 - SOUTH DAKOTA CERTIFIED ENROLLED CATTLET and SOUTH DAKOTA CERTIFIEDT beef program requirements › Section 12:79:03:06 - Ruminant feed

Current through Register Vol. 51, page 10, July 15, 2024
Certified enrolled cattle may not be fed any feed products
	 containing:
(1) Food processing waste,
  restaurant food waste, dried poultry waste, dried poultry litter, dried
  ruminant waste, dried swine waste, undried processed animal waste products, or
  processed animal waste derivative as these products are defined on pages 326
  and 334-336 of the 2005 Official Publication of Association of Animal Feed
  Control Officials Incorporated; or
(2) Any material prohibited from use in
  ruminant livestock feeds pursuant to the Code of Federal Regulations,
  21 C.F.R.
  589.2000, as amended to April 1,
  2004.
General Authority:
SDCL
		39-24-6(1),(3).
Law Implemented:
SDCL
		39-24-3.
"2005 Official Publication Association of American Feed Control
		Officials Incorporated," 2005, published by the Association of American Feed
		Control Officials Incorporated. Copies may be obtained from the Association of
		American Feed Control Officials, P.O. Box 478, Oxford, IN 47971. The cost for
		this publication if $50.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:03 - SOUTH DAKOTA CERTIFIED ENROLLED CATTLET and SOUTH DAKOTA CERTIFIEDT beef program requirements › Section 12:79:03:07 - Certified Feeder Cattle

Current through Register Vol. 51, page 10, July 15, 2024
A licensed producer who enrolls cattle and raises them in compliance
	 with the requirements of §§
									12:79:03:01 to
	 12:79:03:06, inclusive, may by
	 contract be granted permission to use the mark "
SOUTH DAKOTA CERTIFIED
	 ENROLLED CATTLE
TM" in connection with
	 qualifying enrolled cattle, if the licensed producer complies with SDCL chapter
	 38-24, this article, and the producer license. The licensed producer shall keep
	 detailed electronic or written records of:
(1) The transfer warranty certificate which
  must include each enrolled animal;
(2) Transfers of physical possession of
  certified enrolled cattle, including a record of the date of receiving the
  enrolled cattle, pen or pasture location, alternate forms of identification
  used on cattle, disposal of animals while in possession, shipment dates, and
  numbers shipped;
(3) Compliance
  with the BQA/CMP certificate requirement for the certified enrolled cattle fed
  under the licensee's physical possession;
(4) Temporary transfers as referenced in
  §
									12:79:03:03; and
(5) Lost or destroyed electronic ear tags as
  referenced in §
									12:79:03:02.
General Authority:
SDCL
		39-24-6(1),(3),(4).
Law Implemented:
SDCL
		39-24-2,
		39-24-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:03 - SOUTH DAKOTA CERTIFIED ENROLLED CATTLET and SOUTH DAKOTA CERTIFIEDT beef program requirements › Section 12:79:03:08 - Certified Finished Cattle

Current through Register Vol. 51, page 10, July 15, 2024
Certified finished cattle are cattle that are produced in conformity
	 with the requirements of §§
									12:79:03:01 to
	 12:79:03:07, inclusive, and are in
	 conformity with the following requirements:
(1) The animal is finished on a ration that
  is at least fifty percent by weight, on a dry matter basis, in any combination
  of: grain products (such as corn, grain sorghum, oats, wheat, and barley) as
  defined on page 272 section 22.3 of the 2008 Official Publication of the
  Association of Animal Feed Controls Officials Incorporated, or distiller
  products as defined on pages 276-277 section 27.4-27.8 of the same publication,
  or an a ration that has been preapproved by the South Dakota Secretary of
  Agriculture to meet a high starch finishing requirement, for a period of time
  of at least one hundred consecutive days, ending within five days before
  slaughter;
(2) Detailed written
  records or electronic data and invoices are available for inspection to verify
  the duration of feeding and the ration content;
(3) The licensed producer provides a copy of
  the BQA/CMP certificate issued to the producer;
(4) The licensed producer complies with SDCL
  chapter 39-24, article 12:79, and the license agreement; and
(5) The animal is a steer or
  heifer.
General Authority:
SDCL
		39-24-6(1),(3),(4).
Law Implemented:
SDCL
		39-24-2,
		39-24-3.
"2008 Official Publication Association of American Feed Control
		Officials Incorporated," 2008, published by the Association of American Feed
		Control Officials Incorporated. Copies may be obtained from the Association of
		American Feed Control Officials, PO Box 478, Oxford, IN 47971. The cost of the
		publication is $50.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:03 - SOUTH DAKOTA CERTIFIED ENROLLED CATTLET and SOUTH DAKOTA CERTIFIEDT beef program requirements › Section 12:79:03:10 - Licensed marketer requirements

Current through Register Vol. 51, page 10, July 15, 2024
Each licensed marketer shall meet the following requirements:
(1) All beef product marketed by the licensed
  marketer that bears the certification mark must comply with all beef program or
  natural beef program requirements;
(2) If the licensed marketer is also the
  producer of the cattle to be enrolled in the enrolled cattle program or natural
  enrolled cattle program, the licensed marketer must also be a licensed
  producer;
(3) The licensed marketer
  shall maintain a written contract with all producers who raise, feed, or finish
  cattle for the licensed marketer which the marketer intends to market using
  proprietary rights;
(4) The
  licensed marketer shall maintain a written contract with all processors who
  process certified enrolled cattle or beef product which the licensed marketer
  intends to market using proprietary rights;
(5) At the time of application and thereafter
  as necessary, the marketer shall provide the secretary with a true and correct
  copy of the contracts described in subdivisions (3) and (4) of this
  section;
(6) The licensed marketer
  shall at the time of transfer of the animal to the licensed processor ensure
  that the requirements of §
									12:79:03:03 have been met;
  and
(7) Any label or packaging used
  by or on behalf of the licensed marketer that bears the certification mark must
  be approved by the secretary before use.
General Authority:
SDCL
		39-24-6(1),(3),(4).
Law Implemented:
SDCL
		39-24-2,
		39-24-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:04 - Standards for beef product › Section 12:79:04:01 - Marbling

Current through Register Vol. 51, page 10, July 15, 2024
Beef product bearing the certification mark may be certified as either
	 tier one or tier two. Once beef product qualifies for certification as either
	 tier one or tier two, it may bear the certification mark and be identified with
	 tradenames identified with tier one beef or tier two beef product as specified
	 in the license agreement. Tier one and tier two beef products are determined as
	 follows:
(1) To be certified as tier
  one, a beef carcass shall earn a minimum marbling score of "Modest 0" under the
  USDA Quality Grading System as prescribed in United States Standards for Grades
  of Carcass Beef, effective January 31, 1997, as published by the Livestock and
  Seed Program of the Agricultural Marketing Service, USDA, or by an equivalent
  system for determining marbling as approved in advance in writing by the
  secretary;
(2) To be certified as
  tier two, a beef carcass shall earn a minimum marbling score of "Slight 0"
  under the USDA Quality Grading System as prescribed in United State Standards
  for Grades of Carcass Beef, effective January 31, 1997, as published by the
  Livestock and Seed Program of the Agricultural Marketing Service, USDA, or by
  an equivalent system for determining marbling as approved in advance in writing
  by the secretary.
General Authority:
SDCL
		39-24-6(1),(3).
Law Implemented:
SDCL
		39-24-2,
		39-24-3.
"United States Standards for Grades of Carcass Beef," January 31,
		1997. Published by the Livestock and Seed Division, Agricultural Marketing
		Service, United States Department of Agriculture. This publication is available
		on the internet at http://www.ams.usda.gov/lsg/stand/standards/beef-car.pdf or
		from USDA, Agricultural Marketing Service LS, MGC Stop 0248, Room 2628-S, P.O.
		Box 96456, Washington, DC 20090-6456. This publication is available free of
		charge.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:04 - Standards for beef product › Section 12:79:04:02 - Quality enhancement techniques

Current through Register Vol. 51, page 10, July 15, 2024
Each licensed processor shall employ at least one of the following
	 enhancement techniques on all beef product certified as tier one or tier
	 two:
(1) A minimum of 14 days aging on
  rib and loin cuts, and a minimum 7 days aging on chuck and round cuts. Wet or
  dry aging methods are acceptable;
(2) Flash freezing and a minimum of 7 days
  aging on rib and loin cuts. Wet or dry aging methods are acceptable;
(3) Electrical stimulation;
(4) TenderCut"; or
(5) Blade tenderization.
The processor shall maintain a record of enhancement technique
	 used.
General Authority:
SDCL
		39-24-6(1),(3).
Law Implemented:
SDCL
		39-24-2,
		39-24-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:05 - Record keeping › Section 12:79:05:01 - General

Current through Register Vol. 51, page 10, July 15, 2024
The licensee shall, as applicable, maintain a record of audits,
	 corrective actions, inspections, product sample, required licenses and permits,
	 suspensions and terminations, a copy of the licensee's BQA/CMP certificate and
	 BQA/CMP Manual, a copy of the processing procedures manual, a copy of the
	 contract between the licensed marketer and licensed producer or licensed
	 processor, a color copy of labels used by or on behalf of a licensed marketer,
	 and any other records required by the secretary.
General Authority:
SDCL
		39-24-6(3),(4).
Law Implemented:
SDCL
		39-24-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:05 - Record keeping › Section 12:79:05:02 - Records retention

Current through Register Vol. 51, page 10, July 15, 2024
Records shall be kept on forms prescribed or approved by, and contain
	 all information required by, the secretary. Records shall be available for
	 inspection during normal business hours by the department or its authorized
	 agents, the Animal Industry Board or its authorized agents, and law enforcement
	 agents. The records required by this chapter shall be kept for five years after
	 the records were last utilized by the licensee. This records retention
	 requirement survives the termination of the license agreement, whether
	 voluntary or otherwise.
General Authority:
SDCL
		39-24-6(3),(4).
Law Implemented:
SDCL
		39-24-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:06 - Inspections and audits › Section 12:79:06:01 - Inspections and audits

Current through Register Vol. 51, page 10, July 15, 2024
The licensee shall submit to verifiable address and records inspections
	 and audits to insure compliance with applicable program requirements, including
	 any random, follow-up, unannounced or other inspection or audit, as required by
	 the secretary. The secretary shall approve an audit plan of licensees for each
	 state fiscal year. At least ten percent of all licensed producers shall be
	 randomly audited each state fiscal year. All licensed marketers and licensed
	 processors shall be audited at least once each state fiscal year. Results of
	 all inspections and audits shall be reported to the secretary. The secretary
	 may release the number of inspections and audits conducted, the type and number
	 of violations, and the type and number of remedial actions required in each
	 county. All other data and information received and made during inspections and
	 audits constitutes business information and shall remain confidential.
	 Inspection and audit results shall be preserved by the department for a period
	 of five years.
General Authority:
SDCL
		39-24-6(3),(4),(5).
Law Implemented:
SDCL
		39-24-3,
		39-24-5.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:06 - Inspections and audits › Section 12:79:06:02 - Sampling

Current through Register Vol. 51, page 10, July 15, 2024
At least quarterly, beef product samples will be collected by the
	 secretary and tested for compliance with the requirements of this article and
	 the license agreement. Sampling frequency will be determined by the secretary.
	 The samples shall be tested for tenderness and marbling
	 score.
General Authority:
SDCL
		39-24-6(3),(4).
Law Implemented:
SDCL
		39-24-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:06 - Inspections and audits › Section 12:79:06:03 - Inspectors and auditors

Current through Register Vol. 51, page 10, July 15, 2024
Inspectors and auditors may have no financial interest in any licensee,
	 the certified enrolled cattle, or beef product to which their inspections or
	 audits apply. Auditors may not audit their own work.
General Authority:
SDCL
		39-24-6(4).
Law Implemented:
SDCL
		39-24-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:06 - Inspections and audits › Section 12:79:06:04 - Feed sampling

Current through Register Vol. 51, page 10, July 15, 2024
Feed samples may be collected to determine whether cattle enrolled in
	 the natural enrolled cattle program are being fed in conformity with the rules
	 of that program. Sampling frequency is determined by the
	 secretary.
General Authority:
SDCL
		39-24-6(3),(4).
Law Implemented:
SDCL
		39-24-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:07 - Fees and costs › Section 12:79:07:01 - License fee

Current through Register Vol. 51, page 10, July 15, 2024
License fees shall be paid annually by the licensee as follows:
(1) The initial licensing fee shall be paid
  at the time the license agreement is signed. The initial licensing fee for
  marketers is $0; the initial licensing fee for producers is $100 effective
  October 1, 2005; the initial licensing fee for processors is $0;
(2) The fee for the annual renewal of the
  license agreement shall be paid at the time the license agreement is renewed.
  The annual fee for producers is $100. The annual fee for marketers and
  processors is $100.
Nothing in this section creates any right or expectation of
	 renewal.
General Authority:
SDCL
		39-24-6(2).
Law Implemented:
SDCL
		39-24-3,
		39-24-6(2).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:07 - Fees and costs › Section 12:79:07:02 - Cost of inspection

Current through Register Vol. 51, page 10, July 15, 2024
There is no charge for the initial inspection for marketers, producers,
	 and processors. There is no fee for each subsequent inspection of a producer.
	 The fee for each subsequent inspection of a marketer or processor is $300. If a
	 person is both a marketer and a producer, the inspection fee for a marketer
	 will apply and be collected. There is no separate charge for expenses, such as
	 mileage, meals, or lodging.
General Authority:
SDCL
		39-24-6(2),(4).
Law Implemented:
SDCL
		39-24-3,
		39-24-6(2),(4).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:07 - Fees and costs › Section 12:79:07:03 - Cost of audit

Current through Register Vol. 51, page 10, July 15, 2024
There is no charge for one audit per year of licensed marketers,
	 producers, and processors. There is no charge for more than one audit per year
	 for producers. For each additional audit per year of a licensed marketer or
	 licensed processor, the marketer or processor shall pay a fee of $300. If a
	 person is both a marketer and a producer, the audit fee for a marketer will
	 apply and be collected. There is no separate charge for expenses, such as
	 mileage, meals, or lodging.
General Authority:
SDCL
		39-24-6(2),(4).
Law Implemented:
SDCL
		39-24-3,
		39-24-6(2),(4).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:07 - Fees and costs › Section 12:79:07:04 - Product sampling fee

Current through Register Vol. 51, page 10, July 15, 2024
The licensee shall pay a product sampling fee of $15 per sample to the
	 secretary at the time the sample results are made available to the licensee.
	 The licensed processor is not entitled to reimbursement for the cost of the
	 beef product to be sampled. The secretary may waive the fee if the cost of
	 sampling is paid from another source.
General Authority:
SDCL
		39-24-6(2),(4).
Law Implemented:
SDCL
		39-24-3,
		39-24-6(2),(4).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:07 - Fees and costs › Section 12:79:07:05 - Other corrective action costs

Current through Register Vol. 51, page 10, July 15, 2024
The licensee shall pay the costs of any training, equipment, testing,
	 or other corrective actions required by the secretary to the provider or
	 supplier of services.
General Authority:
SDCL
		39-24-6(2),(4).
Law Implemented:
SDCL
		39-24-3,
		39-24-6(2),(4).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:07 - Fees and costs › Section 12:79:07:06 - Cost of enrollment

Current through Register Vol. 51, page 10, July 15, 2024
The administrative fee for the cost of enrolling eligible cattle into
	 the data management system is $.50 per head.
General Authority:
SDCL
		39-24-6(2),(4).
Law Implemented:
SDCL
		39-24-3,
		39-24-6(2),(4).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:07 - Fees and costs › Section 12:79:07:07 - Transfer fee

Current through Register Vol. 51, page 10, July 15, 2024
The fee for reporting the transfer of physical possession of enrolled
	 cattle within the data management system is $.50 per head, to be paid by the
	 transferee.
General Authority:
SDCL
		39-24-6(2),(4).
Law Implemented:
SDCL
		39-24-3,
		39-24-6(2),(4).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:07 - Fees and costs › Section 12:79:07:08 - Harvest fee

Current through Register Vol. 51, page 10, July 15, 2024
Each licensed processor shall remit monthly a harvest fee of one dollar
	 per processed carcass if the carcass or any processed products of the carcass
	 will be marketed or sold as
SOUTH DAKOTA
	 CERTIFIED
TM beef or
SOUTH DAKOTA
	 CERTIFIED
TM natural beef
	 products.
General Authority:
SDCL
		39-24-6(2),(4).
Law Implemented:
SDCL
		39-24-3,
		39-24-6(2),(4).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:07 - Fees and costs › Section 12:79:07:09 - Fees paid into fund

Current through Register Vol. 51, page 10, July 15, 2024
All fees paid to the secretary by licensees shall be deposited into the
	 fund.
General Authority:
SDCL
		39-24-6(2),(4).
Law Implemented:
SDCL
		39-24-3,
		39-24-6(2),(4).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:08 - Remedies › Section 12:79:08:01 - Corrective action

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may require the licensee to take corrective action within
	 the time specified by the secretary.
General Authority:
SDCL
		39-24-6(1),(3),(4).
Law Implemented:
SDCL
		39-24-3,
		39-24-6(4).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:08 - Remedies › Section 12:79:08:02 - Removal of animal from database

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may remove certified enrolled cattle from any program if
	 the secretary finds that the animal is not in compliance with the applicable
	 standards and requirements of the program. An animal removed from a program by
	 the secretary shall be marked in the data management system as "ineligible,"
	 and the "
SOUTH DAKOTA CERTIFIED ENROLLED CATTLE
"" trademark
	 may not be used in connection with that animal.
An animal removed from the natural enrolled cattle program by the
	 secretary shall be marked in the data management system as "ineligible," for
	 the natural enrolled cattle program, and the "
SOUTH DAKOTA CERTIFIED
	 ENROLLED CATTLE
TM" trademark may not be
	 used in conjunction with that animal insofar as the natural enrolled cattle
	 program is involved. If cattle are ineligible for the natural enrolled cattle
	 program, they may be eligible for the
SOUTH DAKOTA CERTIFIED ENROLLED
	 CATTLE
TM program if they otherwise meet the
	 criteria under this article.
General Authority:
SDCL
		39-24-6(1),(3),(4).
Law Implemented:
SDCL
		39-24-3,
		39-24-6(4).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:08 - Remedies › Section 12:79:08:03 - Suspension of use of certification mark or marks

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may suspend the right to place or use the certification
	 mark or any other proprietary marks belonging to the State of South Dakota on
	 or in connection with one or more particular products identified individually
	 or by lot in a notice of suspension if the secretary finds that the product or
	 products do not conform to the standards and requirements of the applicable
	 program and the license agreement. A notice of suspension shall be given by the
	 secretary by telephone or in person and followed forthwith by a written notice
	 sent via first class mail and facsimile transmission if the licensed processor
	 has the capability to receive such transmissions.
General Authority:
SDCL
		39-24-6(1),(3),(4).
Law Implemented:
SDCL
		39-24-3,
		39-24-6(4),
		39-24-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:08 - Remedies › Section 12:79:08:04 - Grounds for suspension of license

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may suspend a license for cause, including:
(1) Failure to maintain records as required
  by this article;
(2) Failure to
  allow or provide for access for the secretary to the licensee's verifiable
  address or records that does not rise to the level of refusal;
(3) Implementation of material or repeated
  changes to the processor procedures manual without prior written approval from
  the secretary;
(4) Failure to
  comply with applicable federal, state, or local law;
(5) Failure of more than one tenderness or
  marbling test during a twelve month period, for which correction actions have
  not been implemented to the reasonable satisfaction of the secretary;
(6) Failure to pay fees or correction action
  costs when due;
(7) Any other
  violations of SDCL chapter 39-24, this article, or the license agreement;
  or
(8) The Secretary is presented
  with credible evidence that the licensee did not meet the eligibility
  requirements set forth in this chapter at the time the license was
  issued.
General Authority:
SDCL
		39-24-6(1),(3),(4).
Law Implemented:
SDCL
		39-24-3,
		39-24-6(4),
		39-24-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:08 - Remedies › Section 12:79:08:05 - Grounds for termination of license

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may terminate a license for cause, including:
(1) Failure to complete a corrective action
  within the time specified in writing by the secretary;
(2) Failure to comply with any lawful
  directive of the secretary;
(3)
  Refusal to allow or provide for access for the secretary to the licensee's
  verifiable address or records;
(4)
  The deliberate, reckless, or repeated misrepresentation of an animal as being
  eligible for enrollment;
(5) The
  deliberate, reckless, or repeated misrepresentation of beef product as meeting
  the requirements to carry the certification mark or to be labeled as tier one
  or tier two;
(6) Failure to pay
  fees when due and after any grace period established by the
  secretary;
(7) Failure to pay
  corrective action costs when due and after any grace period established by the
  secretary. Nothing in this section establishes any obligation on the part of
  the secretary to collect corrective action costs owed to third
  parties;
(8) Failure to correct a
  cause for suspension within the time specified in writing by the secretary,
  whether the license is suspended or not;
(9) Misapplication, misuse, or dilution of
  the proprietary rights;
(10) Any
  violation of SDCL chapter 39-24, this article, or the license agreement that
  puts the integrity of any program or the public health, safety, or welfare at
  material risk of imminent harm; or
(11) The secretary is presented with credible
  evidence that the licensee did not meet the eligibility requirements set forth
  in this article at the time the license was issued.
General Authority:
SDCL
		39-24-6(1),(3),(4).
Law Implemented:
SDCL
		39-24-3,
		39-24-6(4),
		39-24-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:08 - Remedies › Section 12:79:08:06 - Procedure for suspension or termination

Current through Register Vol. 51, page 10, July 15, 2024
If the secretary determines that cause exists to suspend or terminate a
	 license, the secretary may serve upon the licensee a notice of intent to take
	 such action and allow the licensee the opportunity to contest the notice and
	 request a hearing under SDCL chapter 1-26. The notice shall comply with SDCL
	 chapter 1-26.
General Authority:
SDCL
		39-24-6(1),(3),(4).
Law Implemented:
SDCL
		39-24-3,
		39-24-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:08 - Remedies › Section 12:79:08:07 - Summary suspension

Current through Register Vol. 51, page 10, July 15, 2024
If the secretary finds that the acts or omissions of the licensee in
	 violation of the act, this article, or the licensing agreement have put the
	 integrity of any program or the public health, safety, or welfare at material
	 risk of imminent harm, the secretary may enter an order summarily and
	 immediately suspending the license. The order shall:
(1) State the grounds for suspension of the
  license;
(2) Include a finding that
  the acts or omissions of the licensee in violation of SDCL chapter 39-24, this
  article, or the licensing agreement have put the integrity of any program or
  the public health, safety, or welfare at material risk of imminent harm;
  and
(3) State the effective date of
  the suspension.
General Authority:
SDCL
		39-24-6(1),(3),(4).
Law Implemented:
SDCL
		39-24-3,
		39-24-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:08 - Remedies › Section 12:79:08:08 - Procedure after summary suspension

Current through Register Vol. 51, page 10, July 15, 2024
Upon entry of an order for summary suspension, proceedings for
	 suspension or termination pursuant to this chapter shall be promptly instituted
	 and determined.
General Authority:
SDCL
		39-24-6(1),(3),(4).
Law Implemented:
SDCL
		39-24-3,
		39-24-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:08 - Remedies › Section 12:79:08:09 - Other remedies available

Current through Register Vol. 51, page 10, July 15, 2024
The commencement of suspension or termination proceedings under this
	 chapter does not preclude the secretary from pursuing other or different
	 remedies, including the commencement of a civil proceeding in the circuit court
	 for injunctive or other relief or the referral of the matter for criminal
	 prosecution.
General Authority:
SDCL
		39-24-6(1),(3),(4).
Law Implemented:
SDCL
		39-24-3,
		39-24-7.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:09 - Grievance procedure › Section 12:79:09:01 - Petition

Current through Register Vol. 51, page 10, July 15, 2024
A licensee aggrieved by the action of the secretary to require
	 corrective action, to remove an animal from any program, or to prohibit use of
	 the proprietary rights for the transfer, sale, or distribution of animals or
	 beef products that are not in compliance with the standards and requirements of
	 any program, which action was required or taken by the secretary without a
	 prior hearing, may within 20 days following date of the notice of the action
	 file a petition with the secretary requesting a hearing to review the matter.
	 The petition shall state the action complained of, the reason the licensee
	 believes the action taken or required by the secretary is improper, and the
	 relief sought. Within 30 days following the date of the receipt of the petition
	 the secretary shall schedule a hearing on the petition. The petition shall be
	 heard and determined as a contested case pursuant to SDCL chapter 1-26. This
	 section does not apply if the action taken by the secretary was filing an
	 action in court.
General Authority:
SDCL
		39-24-6(1),(3),(4)
Law Implemented:
SDCL
		39-24-3,
		39-24-6(4).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:10 - SOUTH DAKOTA CERTIFIED ENROLLED CATTLE TM Natural and SOUTH DAKOTA CERTIFIED TM Natural Beef requirements › Section 12:79:10:01 - Certified natural feeder cattle

Current through Register Vol. 51, page 10, July 15, 2024
A licensed producer who enrolls cattle and raises them in compliance
	 with the requirements of §§
									12:79:03:01 to
	 12:79:03:06, inclusive, may by
	 contract be granted permission to use the mark "
SOUTH DAKOTA CERTIFIED
	 ENROLLED CATTLE
TM" in connection with
	 qualifying enrolled cattle, if the licensed producer complies with SDCL chapter
	 39-24, this article and the license agreement. The term "
SOUTH DAKOTA
	 CERTIFIED ENROLLED CATTLE
TM NATURAL" may
	 also be used in connection with the qualifying enrolled cattle if, in addition
	 to meeting the standards for the enrolled cattle program, the following
	 criteria are met:
(1) The producer
  confirms that, with the exception of milk and milk products, the enrolled
  cattle will not be fed any feed ingredients that contain animal products,
  animal fats, or marine products as defined on pages 257-263 and 285 and 294-296
  of the 2007 Official Publication of Association of Animal Feed Control
  Officials Incorporated;
(2) The
  producer confirms that the cattle enrolled in the natural enrolled cattle
  program will not be administered with any hormones during their
  lifetime;
(3) The producer confirms
  that the cattle enrolled in the natural enrolled cattle program will not be
  treated with antibiotic drugs of any kind during their lifetime;
(4) The producer agrees to follow the
  transfer procedure in §
									12:79:03:03 for any enrolled
  cattle that become disqualified from the natural enrolled cattle
  program;
(5) The producer
  understands that failure to meet the natural enrolled cattle program
  requirements automatically terminates the animal's enrollment and participation
  in the natural enrolled cattle program and that the licensee may not use the
  "
SOUTH DAKOTA CERTIFIED ENROLLED
  CATTLE
TM" trademark in conjunction with the
  term "natural" or "natural program" in reference to any animal not produced in
  conformity with the natural program rules.
General Authority:
SDCL
		39-24-6(1),(3),(4).
Law Implemented:
SDCL
		39-24-2,
		39-24-3.
Official Publication Association of American Feed Control
		Officials Incorporated
," published by the Association of American Feed
		Control Officials Incorporated. Copies may be obtained from the Association of
		American Feed Control Officials, P.O. Box 478, Oxford, IN 47971. The cost for
		this publication is $50.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:79 - South Dakota CertifiedT beef program › Chapter 12:79:10 - SOUTH DAKOTA CERTIFIED ENROLLED CATTLE TM Natural and SOUTH DAKOTA CERTIFIED TM Natural Beef requirements › Section 12:79:10:02 - Certified natural finished cattle

Current through Register Vol. 51, page 10, July 15, 2024
Certified natural finished cattle are cattle that are produced in
	 conformity with the requirements of §§
									12:79:03:01 to
	 12:79:03:08, inclusive, and also
	 adhere to the natural program requirements as described in §
									12:79:10:01.
General Authority:
SDCL
		39-24-6(1),(3),(4).
Law Implemented:
SDCL
		39-24-2,
		39-24-3.