reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:04 - Farm requirements › Section 12:17:04:06 - Yard or loafing area - Size - Drainage - Cleanliness

Current through Register Vol. 51, page 10, July 15, 2024
The yard or loafing area shall be of ample size to prevent
	 overcrowding, shall be drained to prevent forming of standing water pools, and
	 shall be kept clean.
General Authority:
SDCL
		40-32-18(5).
Law Implemented:
SDCL
		40-32-18(5).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:04 - Farm requirements › Section 12:17:04:07 - Preparation of cows before milking

Current through Register Vol. 51, page 10, July 15, 2024
The udders and flanks of all milking cows must be kept clean. The teats
	 must be sanitized and wiped dry immediately before milking.
General Authority:
SDCL
		40-32-18(5).
Law Implemented:
SDCL
		40-32-18(5).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:04 - Farm requirements › Section 12:17:04:08 - Cleanliness of milker

Current through Register Vol. 51, page 10, July 15, 2024
The milker's outer clothing shall be clean and his hands clean and dry.
	 No person with an infected cut or open sores on his hands or arms shall milk
	 cows or handle milk, milk containers, utensils, or equipment.
General Authority:
SDCL
		40-32-18(5).
Law Implemented:
SDCL
		40-32-18(5).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:04 - Farm requirements › Section 12:17:04:09 - Storage of milking equipment - Prohibited actions during milking

Current through Register Vol. 51, page 10, July 15, 2024
Milk stools, surcingles, and antikickers must be kept clean and stored
	 above the floor in a clean place. Dusty operations or feeding of
	 strong-flavored feeds may not be conducted immediately before or during
	 milking.
General Authority:
SDCL
		40-32-18(5).
Law Implemented:
SDCL
		40-32-18(5).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:04 - Farm requirements › Section 12:17:04:10 - Cooling and storing of milk

Current through Register Vol. 51, page 10, July 15, 2024
Milk in farm bulk tanks must be cooled to forty-five degrees Fahrenheit
	 or lower within two hours after milking. The blend temperature after the first
	 milking and subsequent milkings may not exceed 50 degrees Fahrenheit. Each bulk
	 tank must be equipped with a thermometer that is in good working condition. The
	 cooling and storing of milk in cans or other containers is
	 prohibited.
General Authority:
SDCL
		40-32-18(5).
Law Implemented:
SDCL
		40-32-18(5).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:04 - Farm requirements › Section 12:17:04:11 - Milkroom to be provided

Current through Register Vol. 51, page 10, July 15, 2024
A milkroom that is conveniently located, has one or more outside walls,
	 is well lighted, is ventilated, and is heated to above freezing shall be
	 provided. The milkroom shall be used for the handling and cooling of milk and
	 for the washing, handling, and storing of utensils and equipment. Equipment and
	 supplies not directly related to the milking operation may not be stored in the
	 milkroom. Animals are not permitted in any part of the
	 milkroom.
General Authority:
SDCL
		40-32-18(5).
Law Implemented:
SDCL
		40-32-18(5).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:04 - Farm requirements › Section 12:17:04:12 - Milkroom partitions, floors, drainage, and door openings

Current through Register Vol. 51, page 10, July 15, 2024
If the milkroom is part of a barn or an adjoining building, it must be
	 separated by a solid partition that includes tight-fitting and self-closing
	 solid doors hinged to open into the barn or parlor. The milkroom must be sealed
	 and walled with smooth and easily cleaned material. The floor must be of
	 concrete or other impervious material, graded to provide drainage. The milkroom
	 must have a trapped floor drain, and the waste collected in the floor drain
	 must be piped away from the building to avoid pooling and creating other
	 unsanitary conditions. All openings must be screened to prevent the entrance of
	 flies and rodents. All outside doors and windows must be closed during dusty
	 weather. All outside doors must open outward and be solid and self-closing
	 unless they are provided with tight-fitting screen doors that open outward and
	 are self-closing.
General Authority:
SDCL
		40-32-18(5).
Law Implemented:
SDCL
		40-32-18(5).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:04 - Farm requirements › Section 12:17:04:13 - Equipment required in milkroom

Current through Register Vol. 51, page 10, July 15, 2024
Milkrooms must be equipped with a two-compartment vat for washing and
	 rinsing, a utensil rack, and milk cooling facilities. The milkroom must have
	 water under pressure to a thermostatically controlled hot water storage tank
	 capable of maintaining a sufficient quantity of water at the temperatures
	 needed for the cleaning of milk handling equipment.
General Authority:
SDCL
		40-32-18(5).
Law Implemented:
SDCL
		40-32-18(5).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:04 - Farm requirements › Section 12:17:04:14 - Location of cooling tank - Visual inspection

Current through Register Vol. 51, page 10, July 15, 2024
The location of a farm bulk tank must permit access to all areas in the
	 milkroom for cleaning and servicing. It may not be located over a floor drain
	 or under a ventilator or light fixture. Each farm bulk tank must be emptied for
	 visual inspection at least once every 72 hours.
General Authority:
SDCL
		40-32-18(5).
Law Implemented:
SDCL
		40-32-18(5).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:04 - Farm requirements › Section 12:17:04:15 - Loading facilities - Hose port and truck approach

Current through Register Vol. 51, page 10, July 15, 2024
The milkroom must have a convenient and accessible hose port opening in
	 the wall for the transfer of milk from the bulk tank to the transport tank. The
	 hose port must be fitted with a tight cover. The truck approach to the milkroom
	 must be easily accessible and must be graded and surfaced to prevent mud,
	 collection of manure, and pooling of water. A slab of concrete or other
	 impervious material not less than four feet by six feet must be centrally
	 located adjacent to and below the outside hose port opening. The hose port area
	 must be kept clean and free of litter. The truck approach at new permitted
	 facilities may not be through a yard, walkway, or holding area where cattle can
	 congregate.
General Authority:
SDCL
		40-32-18(5).
Law Implemented:
SDCL
		40-32-18(5).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:04 - Farm requirements › Section 12:17:04:16 - Utensils and equipment

Current through Register Vol. 51, page 10, July 15, 2024
Utensils and equipment used in the handling of milk must be constructed
	 and maintained as follows:
(1)
  Utensils, milking machines, pipeline systems, farm bulk tanks, and other
  equipment used in the handling of milk must be maintained in good condition;
  free from rust, open seams, milkstone, or any unsanitary conditions; washed,
  rinsed, and drained after each milking; stored in suitable facilities; and
  sanitized immediately before use with at least 50 parts per million chlorine
  solution or its equivalent. All new utensils and equipment must comply with
3-A Sanitary Standards and Accepted Practices
.
(2) Single-service articles, such as strainer
  pads, parchment papers, gaskets, and similar items, must be stored in a cabinet
  and protected against contamination. Single-service articles may not be
  reused.
General Authority:
SDCL
		40-32-18(5).
Law Implemented:
SDCL
		40-32-18(5).
3-A Sanitary Standards and Accepted Practices
June 5,
		2017, formulated by the US Public Health Service, US Food and Drug
		Administration, US Department of Agriculture, and European Hygienic Engineering
		and Design Group. Copies may be obtained from TechStreet online store
https://www.techstreet.com/3a
or
		3025 Boardwalk Drive, Suite 220 Ann Arbor, MI,
		48108
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:04 - Farm requirements › Section 12:17:04:17 - Water supply

Current through Register Vol. 51, page 10, July 15, 2024
The dairy farm water supply must be safe, clean, and ample for the
	 cleaning of dairy utensils and equipment. The water supply must meet the
	 bacteriological standards established by the department of environment and
	 natural resources and the standards for potable water supply systems of the
	 state plumbing code.
Milk buyers shall provide water sample analysis of water supplies from
	 each producer selling manufactured grade milk. Tests of water samples shall be
	 made once every three years on water supply systems that meet the state
	 plumbing code for construction and location. These samples shall be taken under
	 the direction of the secretary and tested at an officially designated
	 laboratory. The expense of these tests is the responsibility of the milk buyer.
	 If an existing water supply on a manufacturing grade dairy farm does not comply
	 with the state plumbing code for location and construction, the supply may be
	 used if the water supply is tested annually by an officially designated
	 laboratory and found to be safe and sanitary.
If at any time two successive samples fail to meet the requirements of
	 the Department of Environment and Natural Resources for drinking water, the
	 permit of that producer shall be suspended until the producer can provide a
	 water sample that is safe.
General Authority:
SDCL
		40-32-18(5).
Law Implemented:
SDCL
		40-32-18(5).
Drinking water standards, ch 74:04:12; State plumbing code, art
		20:54.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:04 - Farm requirements › Section 12:17:04:18 - Sewage disposal

Current through Register Vol. 51, page 10, July 15, 2024
Milkroom and toilet wastes shall be disposed of in a manner that does
	 not pollute the soil surface or contaminate any water supply and is not exposed
	 to insects. The disposal systems must comply with article
	 74:03.
General Authority:
SDCL
		40-32-18(5).
Law Implemented:
SDCL
		40-32-18(5).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:04 - Farm requirements › Section 12:17:04:19 - Storage and labeling of medicinals and drugs

Current through Register Vol. 51, page 10, July 15, 2024
Drugs and medicinals must be stored in a manner that prevents
	 contamination of the milk or the portions of the equipment, containers, or
	 utensils that come in contact with milk. Such products must be labeled to
	 include the following:
(1) The name
  and address of the manufacturer or distributor, for over-the-counter medicinals
  or drugs, or the veterinary practitioner dispensing the product for
  prescription and extra-label-use medicinals or drugs;
(2) Directions for use;
(3) The prescribed withholding
  times;
(4) Cautionary statements,
  if needed; and
(5) The active
  ingredient of the product must be identified on the package or on the label.
Unapproved or improperly labeled medicinals or drugs may not be used to
	 treat dairy animals and may not be stored in the milkhouse, milking barn,
	 stable, or parlor. Medicinals or drugs intended for treatment of nonlactating
	 dairy animals must be segregated from those medicinals or drugs used for
	 lactating animals. Separate shelves in cabinets, refrigerators, or other
	 storage facilities satisfies this requirement.
General Authority:
SDCL
		40-32-18(5).
Law Implemented:
SDCL
		40-32-18(5).
Pesticide usage restrictions, §
											12:56:11:01.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:05 - Milk sampling and testing › Section 12:17:05:01 - Composite or fresh milk sampling required

Current through Register Vol. 51, page 10, July 15, 2024
Each delivery of milk offered for sale from a producer must be sampled
	 by the milk buyer, licensed hauler/grader, or licensed fieldman by composite or
	 fresh milk sampling in accordance with one of the following methods:
(1) Composite samples shall be built by
  transferring at least ten milliliters of milk from each daily delivery into a
  composite container. When deliveries are not made daily, aliquot samples of
  sufficient quantity shall be taken from each delivery so that the resulting
  composite sample is at least four ounces. A composite sample of milk may not
  represent more than 16 days' production. Each composite sample shall be held
  for five days after testing; or
(2)
  Fresh milk samples must be of sufficient volume to permit a retest, but they
  may not be less than two ounces. The interval between sample collections may
  not be less than three days, and the samples shall be held for not less than
  two days after being tested. If the fresh milk sampling method of testing is
  used, the arithmetical average of three or more test results during a test
  period consisting of not more than 16 days or the average of four or more test
  results during a period consisting of not more than one month shall be adjusted
  to the nearest .1 percent. The results are the milk fat test for that
  period.
General Authority:
SDCL
		40-32-18(2).
Law Implemented:
SDCL
		40-32-11,
		40-32-13.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:05 - Milk sampling and testing › Section 12:17:05:02 - Sampling procedures

Current through Register Vol. 51, page 10, July 15, 2024
All milk samples taken under this article for any purpose shall be
	 taken by the procedure prescribed in
Standard Methods for the Examination
	 of Dairy Products
.
General Authority:
SDCL
		40-32-18(2).
Law Implemented:
SDCL
		40-32-11,
		40-32-13.
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. 20005-2699.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:05 - Milk sampling and testing › Section 12:17:05:03 - Methods for testing fat in milk

Current through Register Vol. 51, page 10, July 15, 2024
Milk samples taken in accordance with §
									12:17:05:01 shall be tested to
	 determine the milk fat content by the Babcock test method as prescribed in
Standard Methods for the Examination of Dairy Products
or by any
	 other equivalent method approved by the secretary.
General Authority:
SDCL
		40-32-18(2).
Law Implemented:
SDCL
		40-32-11,
		40-32-13.
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. 20005-2699.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:05 - Milk sampling and testing › Section 12:17:05:04 - Future dairy farms and milk plants

Current through Register Vol. 51, page 10, July 15, 2024
Plans for the construction of all milkhouses, milking barns, stables,
	 parlors, transfer stations, receiving stations, and milk plants regulated under
	 this article which are to be constructed, reconstructed, or extensively altered
	 shall be submitted to the secretary for written approval before construction is
	 begun.
General Authority:
SDCL
		40-32-18(5),(6).
Law Implemented:
SDCL
		40-32-18(4),(5),(6),(9)
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:06 - Licensed dairy plants › Section 12:17:06:01 - Requirements for licensed dairy plants

Current through Register Vol. 51, page 10, July 15, 2024
Licensed manufacturing grade dairy plants shall meet the requirements
	 set forth in
General Specifications for Dairy Plants Approved for USDA
	 Inspection and Grading Service
, except for §§58.122, 58.123,
	 58.124, 58.133 to 58.138, 58.155 to 58.158, 58.232 to 58.234, and 58.505 to
	 58.530, inclusive. The department shall also use
DA Instruction 918-PS,
	 Instructions for Dairy Plant Surveys,
and
USDA guidelines for the
	 sanitary design and fabrication of dairy processing equipment
when
	 conducting plant inspections.
General Authority:
SDCL
		40-32-18(4)(5)(6)(7).
Law Implemented:
SDCL
		40-32-18(4)(5)(6)(7).
General Specifications for Dairy Plants Approved for USDA
		Inspection and Grading Service
, effective August 28, 2002. Copies may be
		obtained from the U.S. Department of Agriculture, Agricultural Marketing
		Service/Dairy Division/Dairy Grading Branch PO Box 96456, Washington, DC
		20090.
DA Instruction 918-PS
,
Instructions for Dairy
		Plant Surveys
, May 1, 2013, published by the U.S. Department of
		Agriculture, Agricultural Marketing Service/Dairy Division/Dairy Grading Branch
		PO Box 96456, Washington, DC 20090.
USDA Guidelines for the Sanitary Design and Fabrication of
		Dairy Processing Equipment,
June 2001, published by the U.S. Department
		of Agriculture, Agricultural Marketing Service/Dairy Division/Dairy Grading
		Branch, PO Box 96456, Washington, DC
		20090.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:06 - Licensed dairy plants › Section 12:17:06:02 - Labeling and packaging of milk and milk products

Current through Register Vol. 51, page 10, July 15, 2024
Milk and milk products must be labeled and packaged in accordance with
	 the Federal Food, Drug, and Cosmetic Act, as amended to March 8, 2019, and the
	 Nutrition Labeling and Education Act of 1990, as amended to July 1,
	 1998.
General Authority:
SDCL
		40-32-18(7).
Law Implemented:
SDCL
		40-32-18(7).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:06 - Licensed dairy plants › Section 12:17:06:03 - Quality specifications for raw materials

Current through Register Vol. 51, page 10, July 15, 2024
Raw materials must meet the following quality specifications:
(1) Raw milk must meet the requirements in
  §§
									12:17:03:01 to
  12:17:03:24, inclusive. Raw milk
  must be cooled to and held at a temperature of 45 degrees Fahrenheit or lower
  until processed. The bacteria count limit for commingled raw milk is 1,000,000
  per milliliter;
(2) Skim milk must
  be separated from whole milk which meets the requirements in §§
									12:17:03:01 to
  12:17:03:24, inclusive. Unless
  skim milk is processed immediately, it must be cooled to and maintained at a
  temperature of 45 degrees Fahrenheit or lower from the time of separating until
  the time of processing;
(3)
  Buttermilk for drying must be fresh, sweet, and from the churning of sweet
  cream butter, with or without the addition of harmless lactic culture. No
  neutralizing agent or chemical preservative may be added. Fluid buttermilk,
  unless cultured, must be held at 45 degrees Fahrenheit or lower unless
  processed within two hours; and
(4)
  Whey for processing must be fresh and must originate from the processing of
  products made from milk which meets the requirements in §§
									12:17:03:01 to
  12:17:03:24. Only those
  ingredients approved by the food and drug administration 21 C.F.R. parts 182 to
  184 (April 1, 1994) substances generally as safe may be added to the whey for
  processing. Whey products to which approved ingredients have been added or
  constituents removed to alter original characteristics for processing or use
  must be labeled.
General Authority:
SDCL
		40-32-18(3).
Law Implemented:
SDCL
		40-32-18(3).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:07 - Manufactured grade dairy products › Section 12:17:07:01 - Manufactured grade dairy products

Current through Register Vol. 51, page 10, July 15, 2024
Cheeses, processed cheeses, cheese foods, cheese spreads, nonfat dry
	 milk, evaporated milk, ice cream, sherbet, goat milk ice cream, dry whey, whey,
	 and related foods manufactured, sold, or offered for sale must meet the
	 standards in 21 C.F.R.
	 §§
										130.3 to
	 135.160, and
	 184.1979 to
	 184.1979c, inclusive (April 1,
	 1994).
General Authority:
SDCL
		40-32-18(3).
Law Implemented:
SDCL
		40-32-18(3).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:10 - Requirements for light butter › Section 12:17:10:01 - Milkfat content of light butter

Current through Register Vol. 51, page 10, July 15, 2024
The milkfat content of light butter shall be no more than 52 percent
	 butterfat.
General Authority:
SDCL
		40-32-18.
Law Implemented:
SDCL
		40-32-18.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:10 - Requirements for light butter › Section 12:17:10:02 - Vitamin "A" required

Current through Register Vol. 51, page 10, July 15, 2024
Vitamin A must be added to light butter to provide 15,000 international
	 units per pound.
General Authority:
SDCL
		40-32-18.
Law Implemented:
SDCL
		40-32-18.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:10 - Requirements for light butter › Section 12:17:10:03 - Optional ingredients

Current through Register Vol. 51, page 10, July 15, 2024
Light butter may contain the following optional ingredients:
(1) Water;
(2) Salt or salt substitutes;
(3) Bacterial cultures;
(4) Nutritive sweeteners;
(5) Emulsifiers and stabilizers;
(6)Color additives;
(7) Natural flavors; and
(8) Ingredients that improve texture, prevent
  syneresis, or extend the shelf life of the product.
General Authority:
SDCL
		40-32-18.
Law Implemented:
SDCL
		40-32-18.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:17 - Dairy plants and manufactured grade milk › Chapter 12:17:11 - Official Tests › Section 12:17:11:01 - Official tests

Current through Register Vol. 51, page 10, July 15, 2024
Tests performed pursuant to this title must be performed by official
	 laboratories and must be approved by the department and in accordance with
Standard Methods for the Examination of Dairy Products and Official
	 Methods of Analysis.
General Authority:
SDCL
		40-32-18(2)
Law Implemented:
SDCL
		40-32-18
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. 20005-2699.
Official Methods of Analysis
,
		19th edition, 2012, Association of Official
		Analytical Chemists, Gaithersburg, MD. Copies may be obtained from the
		Association of Official Analytical Chemists International, Customer Services,
		481 N. Frederick Ave., Suite 500, Gaithersburg, MD
		20877-2417.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:19 - South Dakota corn utilization council › Chapter 12:19:01 - Administration › Section 12:19:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL 1-26 and 38-32-1 have the same meaning when used
	 in this article. In addition, as used in this article, "checkoff fee" means the
	 assessment imposed by SDCL
	 38-32-15 upon all corn marketed to
	 a first purchaser within the state.
General Authority:
SDCL
		38-32-14.
Law Implemented:
SDCL
		38-32-12.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:19 - South Dakota corn utilization council › Chapter 12:19:01 - Administration › Section 12:19:01:02 - Obtaining a declaratory ruling

Current through Register Vol. 51, page 10, July 15, 2024
A person may request the council to issue a decision on the
	 applicability of any statutory provision, rule, or order pertaining to a stated
	 factual situation by submitting a written petition to the council containing
	 the following information:
(1) The
  state statute or council rule or order in question;
(2) The name and address of the person,
  agency, or group submitting the petition;
(3) The facts and circumstances which give
  rise to the issue to be answered by the council's declaratory ruling;
(4) A description of the action requested of
  the council and a statement of the reasons why the action should be
  taken;
(5) The signature of the
  person filing the petition or the authorization of the group or agency making
  the petition; and
(6) The
  notarization of the signature or authorization.
General Authority:
SDCL
		38-32-14(1).
Law Implemented:
SDCL
		38-32-14(1).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:19 - South Dakota corn utilization council › Chapter 12:19:01 - Administration › Section 12:19:01:03 - Council action on petition

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of the petition, the council may request from the
	 petitioner any additional information it may require for the issuance of its
	 ruling. Within 30 days following the receipt of the petition or within 30 days
	 following receipt of the additional information requested, the council shall
	 issue its declaratory ruling and serve a copy by mail upon the
	 petitioner.
General Authority:
SDCL
		38-32-14(1).
Law Implemented:
SDCL
		38-32-14(1).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:19 - South Dakota corn utilization council › Chapter 12:19:01 - Administration › Section 12:19:01:04 - Petition for contested case hearing

Current through Register Vol. 51, page 10, July 15, 2024
In a contested case, as defined in SDCL
	 1-26-1(2),
	 concerning a refund or checkoff fees, a person aggrieved by an action of the
	 council taken without a hearing may, within 30 days following the date of the
	 action, petition the council for a hearing. The hearing shall be held not later
	 than 60 days following receipt of the petition.
General Authority:
SDCL
		38-32-14(1).
Law Implemented:
SDCL
		38-32-14(3).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:19 - South Dakota corn utilization council › Chapter 12:19:01 - Administration › Section 12:19:01:05 - Notice of hearing

Current through Register Vol. 51, page 10, July 15, 2024
At least 20 days before the date set by the council for hearing, the
	 council shall serve by mail a copy of a notice of hearing upon the petitioner
	 and other interested or affected parties.
General Authority:
SDCL
		38-32-14(1).
Law Implemented:
SDCL
		38-32-14(3).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:19 - South Dakota corn utilization council › Chapter 12:19:02 - First purchasers › Section 12:19:02:01 - Quarterly reports and remittance

Current through Register Vol. 51, page 10, July 15, 2024
Each first purchaser shall submit a quarterly report to the council
	 within 30 days after the end of each calendar quarter if corn was purchased
	 during the quarter. Each first purchaser shall make a report to the council at
	 least once a year. The report shall be on forms provided by the council and
	 shall contain the following information:
(1) The name and address of the first
  purchaser;
(2) The number of
  bushels of corn acquired which are subject to a checkoff fee;
(3) The total dollar amount of the checkoff
  fee remitted;
(4) The calendar
  quarter for which the report is submitted;
(5) The date of the report; and
(6) The signature of the first purchaser.
All checkoff fees collected or owed for the calendar quarter for which
	 the report is submitted shall be remitted to the council with the
	 report.
General Authority:
SDCL
		38-32-14,
		38-32-18.
Law Implemented:
SDCL
		38-32-14,
		38-32-18.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:19 - South Dakota corn utilization council › Chapter 12:19:02 - First purchasers › Section 12:19:02:02 - Checkoff fee collection

Current through Register Vol. 51, page 10, July 15, 2024
A first purchaser shall collect the checkoff fee from growers by
	 deducting the fee from the purchase price of an identifiable lot or quantity of
	 corn purchased by the first purchaser. The first purchaser shall provide the
	 seller with a receipt of the checkoff. The receipt may be in the form of an
	 identified deduction on the receipt of purchase.
General Authority:
SDCL
		38-32-14.
Law Implemented:
SDCL
		38-32-16.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:19 - South Dakota corn utilization council › Chapter 12:19:02 - First purchasers › Section 12:19:02:03 - Record of assessment

Current through Register Vol. 51, page 10, July 15, 2024
The first purchaser shall keep a record of assessment for each corn
	 purchase that includes the number of bushels, the amount of the checkoff fee,
	 the date, and the name of the seller.
General Authority:
SDCL
		38-32-14,
		38-32-18.
Law Implemented:
SDCL
		38-32-14,
		38-32-18.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:19 - South Dakota corn utilization council › Chapter 12:19:03 - Claims for refunds › Section 12:19:03:01 - Checkoff fee refund application forms

Current through Register Vol. 51, page 10, July 15, 2024
The checkoff fee refund application shall be on forms provided by the
	 council and shall contain the following information:
(1) The date of the checkoff fee refund
  application;
(2) The name, address,
  and signature of the grower who paid the fee;
(3) The number of bushels of corn purchased
  for which a fee was collected;
(4)
  The total dollar amount of the fee collected;
(5) The name and address of the first
  purchaser; and
(6) The date or
  dates of the purchase.
Refund application forms may be obtained from the council by the refund
	 applicant by applying to the council in writing, by phone, or in
	 person.
General Authority:
SDCL
		38-32-14(3).
Law Implemented:
SDCL
		38-32-14(3),
		38-32-20.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:19 - South Dakota corn utilization council › Chapter 12:19:03 - Claims for refunds › Section 12:19:03:02 - Notice of correction

Current through Register Vol. 51, page 10, July 15, 2024
If an otherwise correctly returned checkoff fee refund application does
	 not meet one or more of the requirements in §
									12:19:03:01, the council shall
	 return a copy of the application to the grower with a written notice of
	 correction containing a statement of the additional information required. If
	 the application is corrected and returned to the council within 30 days after
	 the receipt of the notice of correction, the council shall refund the checkoff
	 fees according to SDCL
	 38-32-20.
General Authority:
SDCL
		38-32-14(3).
Law Implemented:
SDCL
		38-32-14(3),
		38-32-20.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:19 - South Dakota corn utilization council › Chapter 12:19:04 - Enforcement › Section 12:19:04:01 - Notice of delinquent assessment

Current through Register Vol. 51, page 10, July 15, 2024
Assessments which are not remitted as required by §
									12:19:02:01 are delinquent. The
	 council shall, by certified mail, send a notice of delinquent assessment to the
	 first purchaser at his last known address. The notice shall include the
	 following:
(1) A statement of the
  assessment;
(2) The period of time
  the assessment is delinquent;
(3)
  The basis for the assessment; and
(4) A statement that the assessment is due
  within ten days after the receipt of the notice.
The notice shall indicate that the first purchaser may request a
	 hearing before the council according to the provisions of §
										12:19:04:02.
General Authority:
SDCL
		38-32-14(4).
Law Implemented:
SDCL
		38-32-14(4).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:19 - South Dakota corn utilization council › Chapter 12:19:04 - Enforcement › Section 12:19:04:02 - Hearing request

Current through Register Vol. 51, page 10, July 15, 2024
A first purchaser who has received a notice of delinquent assessment
	 may request, in writing, a hearing before the council. The request shall be
	 filed with the council within ten days after receipt of the notice of
	 delinquent assessment. The request shall contain the following
	 information:
(1) The name and address
  of the first purchaser;
(2) A
  statement that explains why the action of the council is not
  appropriate;
(3) The signature of
  the person or authorization of the group filing the request; and
(4) The notarization of the signature or
  authorization.
General Authority:
SDCL
		38-32-14(4).
Law Implemented:
SDCL
		38-32-14(4).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:19 - South Dakota corn utilization council › Chapter 12:19:04 - Enforcement › Section 12:19:04:03 - Hearing

Current through Register Vol. 51, page 10, July 15, 2024
The council shall hold a hearing in accordance with SDCL 1-26 within 90
	 days after receiving a hearing request that is in accordance with §
									12:19:04:02.
General Authority:
SDCL
		38-32-14(4).
Law Implemented:
SDCL
		38-32-14(4).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:19 - South Dakota corn utilization council › Chapter 12:19:04 - Enforcement › Section 12:19:04:04 - Council decision

Current through Register Vol. 51, page 10, July 15, 2024
The council shall make a decision within 30 days after the hearing. The
	 decision shall be in writing and shall be served on the first purchaser by
	 certified mail.
General Authority:
SDCL
		38-32-14(4).
Law Implemented:
SDCL
		38-32-14(4).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:19 - South Dakota corn utilization council › Chapter 12:19:05 - Election of council members › Section 12:19:05:01 - Nomination of additional director candidates

Current through Register Vol. 51, page 10, July 15, 2024
The nominations for additional director candidates shall be on a form
	 provided by the council. Nominating petitions shall be filed with the council
	 not later than 5:00 p.m. on the 30th day before the date of election. If a
	 petition is mailed to the council office by registered mail by 5:00 p.m. on the
	 filing date, it shall be considered filed.
General Authority:
SDCL
		38-32-8.
Law Implemented:
SDCL
		38-32-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:20 - Agricultural mediation › Chapter 12:20:01 - Farm loan mediation program › Section 12:20:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL
	 54-13-1 have the same meaning in
	 this chapter. In addition, terms used in this chapter mean:
(1) "Director," the director of mediation
  services or their designee;
(2)
  "Mediation release," a document issued by the director to the party who files a
  request for mediation stating that the mediation conditions of SDCL 54-13 have
  been met.
General Authority:
SDCL
		54-13-2.
Law Implemented:
SDCL
		54-13-2.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:20 - Agricultural mediation › Chapter 12:20:01 - Farm loan mediation program › Section 12:20:01:02 - Mediator training

Current through Register Vol. 51, page 10, July 15, 2024
The director, in conjunction with the Department of Agriculture, may
	 provide initial training in mediation techniques to the mediators. This
	 training shall include at least 32 hours of initial training on the mediation
	 process, mediation skills, and agricultural farm finance issues and shall
	 include instruction that a mediator shall not advise a creditor or debtor about
	 the law or to encourage or assist a debtor or creditor in reserving or
	 establishing legal rights. If a mediator has previous training exceeding these
	 32 hours, the mediator may provide proof of other qualifications and
	 certifications. Subsequent and supplemental training of mediators may be
	 conducted by the department of agriculture.
Successful completion of the initial training session constitutes the
	 minimum qualification to serve as a mediator.
General Authority:
SDCL
		54-13-2.
Law Implemented:
SDCL
		54-13-2.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:20 - Agricultural mediation › Chapter 12:20:01 - Farm loan mediation program › Section 12:20:01:03 - Mediation fees

Current through Register Vol. 51, page 10, July 15, 2024
Requests for mediation must be filed with the director on a form which
	 may be obtained from the director. The form must be accompanied by a
	 nonrefundable initial fee of $100 to pay for the initiating party's share of
	 the first hour of mediation in session. If the respondent replies in the
	 affirmative to use mediation, that response shall also be accompanied by a
	 nonrefundable initial fee of $100 to pay for the respondent's share of the
	 first hour of mediation in session. If mediation is with a USDA agency, the
	 agency is exempt from this requirement and is not required to pay any fees; the
	 other party to the mediation will pay half of the mediator's expenses based on
	 the mediator's time report.
No mediation services may be provided unless each party has paid the
	 required initial fee. If mediation occurs, the initiating party and the
	 respondent shall each pay a fee of $25 for each additional hour or fraction of
	 an hour of mediation in session after the first hour. The director shall bill
	 any remaining amount due from the parties based on the mediator's time
	 report.
General Authority:
SDCL
		54-13-2.
Law Implemented:
SDCL
		54-13-2,
		54-13-5.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:20 - Agricultural mediation › Chapter 12:20:01 - Farm loan mediation program › Section 12:20:01:04 - Contents of request for mediation

Current through Register Vol. 51, page 10, July 15, 2024
The request for mediation must indicate if mediation is mandatory or
	 voluntary and contain the following information:
(1) If filed by a creditor:
(a) The name, address, and telephone number
  of the creditor and the creditor's representative for service of
  notices;
(b) If possible, the names
  and positions of the creditor's representatives who plan to attend the
  mediation proceedings;
(c) The
  name, address, and telephone number of the debtor;
(d) The stated location of the real estate
  and location of chattel property or other collateral, including legal
  descriptions. If the debtor's property is under the control of a third party,
  the creditor shall list the same information, if available, for the third
  party;
(e) If mandatory, an
  affidavit that the debt meets the requirements of SDCL
  54-13-10;
(f) An explanation of the nature of the
  conflict.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:20 - Agricultural mediation › Chapter 12:20:01 - Farm loan mediation program › Section 12:20:01:05 - Form for notice of request for mandatory mediation

Current through Register Vol. 51, page 10, July 15, 2024
The form for the notice of request for mandatory mediation shall
	 include the following:
(1) The name of
  the party requesting mediation;
(2)
  A brief description of the mediation process;
(3) A statement informing all parties that
  the party or representative attending the mediation session must have the
  authority to negotiate agreements with other parties;
(4) The information required to be brought to
  the initial mediation session;
(5)
  A statement that both borrowers and the borrower's spouse must attend the
  mediation sessions;
(6) A listing
  of services available to borrowers through various other agencies or
  organizations;
(7) To the borrower,
  a waiver or mediation form;
(8) A
  listing of any agency or organization that provides emotional or stress
  counseling or any other assistance;
(9) Advice of availability of financial
  preparation assistance as required by SDCL
  54-13-9.
General Authority:
SDCL
		54-13-2.
Law Implemented:
SDCL
		54-13-2,
		54-13-7,
		54-13-9,
		54-13-12.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:20 - Agricultural mediation › Chapter 12:20:01 - Farm loan mediation program › Section 12:20:01:06 - Procedure for mediation

Current through Register Vol. 51, page 10, July 15, 2024
The following procedure applies upon receipt of a request for
	 mediation:
(1) The director shall
  determine whether a mediator is available and evaluate the request;
(2) Within 3 business days after receiving
  the request, the director shall mail a notice of a request for mediation to all
  parties;
(3) Mailing of the notice
  of request for mediation to the respondent begins the 42-day mediation period
  as provided in SDCL
  54-13-12;
(4) A respondent receiving a notice of a
  request for mediation must answer in writing to the director within 10 days
  after the notice was postmarked;
(5) If an answer is not received by the
  director within the 10-day period, the director shall notify the requester that
  the respondent refused mediation.
General Authority:
SDCL
		54-13-2.
Law Implemented:
SDCL
		54-13-2,
		54-13-13.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:20 - Agricultural mediation › Chapter 12:20:01 - Farm loan mediation program › Section 12:20:01:07 - Mediation session notice form

Current through Register Vol. 51, page 10, July 15, 2024
The form for notice of the mediation session shall include the
	 following:
(1) The time and place of
  the initial mediation session;
(2)
  The name of the parties involved in mediation;
(3) The name of the mediator
  assigned;
(4) A brief description
  of the mediation process;
(5) A
  statement informing all parties that the party or representative attending the
  mediation session must have the authority to negotiate agreements with other
  parties;
(6) The information
  required to be brought to the initial mediation session; and
(7) A statement that both the borrower and
  the borrower's spouse must attend the mediation sessions.
General Authority:
SDCL
		54-13-2.
Law Implemented:
SDCL
		54-13-2,
		54-13-11,
		54-13-13.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:20 - Agricultural mediation › Chapter 12:20:01 - Farm loan mediation program › Section 12:20:01:08 - Response to notice

Current through Register Vol. 51, page 10, July 15, 2024
A recipient of a notice of a request for mediation shall indicate the
	 intent to mediate by responding in writing to the director within 10 days after
	 the notice was postmarked. If the borrower agrees to mediation the borrower
	 shall provide to the director the name, address, and telephone number of any
	 other creditor or creditors to whom there is indebtedness. Upon receipt of the
	 responding party's written intent to mediate, the director shall schedule a
	 mediation session.
If the borrower waives the rights of mediation, the borrower shall
	 execute the waiver of mediation form and return it to the director within 10
	 days. A borrower who fails to respond to the director within 21 days of the
	 postmarked date of notice is considered to have waived mediation. Once the
	 respondent has waived the rights of mediation either by written notification or
	 failing to respond, the director may issue a mediation release to the
	 initiating party.
General Authority:
SDCL
		54-13-2.
Law Implemented:
SDCL
		54-13-2,
		54-13-10.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:20 - Agricultural mediation › Chapter 12:20:01 - Farm loan mediation program › Section 12:20:01:09 - Director to notify other creditors

Current through Register Vol. 51, page 10, July 15, 2024
If a borrower assents to mediation and is indebted to other creditors,
	 the director shall notify those creditors by mail within three business days
	 after receipt of the information.
General Authority:
SDCL
		54-13-2.
Law Implemented:
SDCL
		54-13-2,
		54-13-10.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:20 - Agricultural mediation › Chapter 12:20:01 - Farm loan mediation program › Section 12:20:01:10 - Response from other creditor

Current through Register Vol. 51, page 10, July 15, 2024
Any other creditor named in the borrower's response shall notify the
	 director in writing within 10 days if that creditor desires to become a party
	 to the mediation.
General Authority:
SDCL
		54-13-2.
Law Implemented:
SDCL
		54-13-2,
		54-13-10.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:20 - Agricultural mediation › Chapter 12:20:01 - Farm loan mediation program › Section 12:20:01:11 - Conduct at mediation sessions

Current through Register Vol. 51, page 10, July 15, 2024
Mediation sessions shall be conducted as follows:
(1) Mediation sessions are under the control
  of the mediator;
(2) The mediator
  must hold in strict confidence all information provided by the parties to the
  mediation;
(3) All parties must
  have the opportunity to speak and state their positions;
(4) Legal counsel may advise clients
  regarding legal rights and the implication of suggested solutions;
(5) All parties to the proceedings must make
  a good faith effort to resolve the dispute.
General Authority:
SDCL
		54-13-2.
Law Implemented:
SDCL
		54-13-2,
		54-13-18.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:20 - Agricultural mediation › Chapter 12:20:01 - Farm loan mediation program › Section 12:20:01:12 - Mediation agreement

Current through Register Vol. 51, page 10, July 15, 2024
If the parties involved in mediation reach a tentative agreement, the
	 mediator shall summarize the terms of the agreement for review by the
	 parties.
After the terms of the agreement are reviewed and approved by all
	 agreeing parties, those parties and the mediator shall agree upon the person
	 who is to prepare the actual document. All agreeing parties are required to
	 sign the agreement.
Those parties who do not reach agreement may request another mediation
	 session, although the request may be declined by either party. The request may
	 be made in writing to the mediator and may include a request for extension of
	 time. If the parties agree that a mediated solution is not possible, the
	 borrower may sign a waiver which will allow the director to issue a mediation
	 release to creditors.
General Authority:
SDCL
		54-13-2.
Law Implemented:
SDCL
		16-18-1,
		54-13-2,
		54-13-15.