reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:02 - Requirements for plants › Section 12:11:02:12 - Installation of equipment

Current through Register Vol. 51, page 10, July 15, 2024
All equipment and piping shall be designed and installed so as to be
	 easily accessible for cleaning and shall be kept in good repair and free from
	 cracks and corroded surfaces. Milk pumps shall be of a sanitary type and easily
	 dismantled for cleaning. New or rearranged equipment shall be set out
	 approximately 24 inches from any wall or spaced at least 24 inches between
	 pieces of equipment that measure more than 48 inches on the parallel sides.
	 This requirement does not apply between tanks if the face of the tanks extend
	 through a wall into a processing room. All parts or interior surfaces of
	 equipment, pipes, except certain piping cleaned in place, or fittings,
	 including valves and connections, shall be accessible for inspection.
	 Cleaned-in-place sanitary piping and welded sanitary pipeline systems, if used,
	 are acceptable if engineered and installed according to the
3-A Sanitary
	 Standards and Accepted Practices
for permanently installed sanitary
	 product pipelines and cleaning systems.
General Authority:
SDCL
		39-8-4.
Law Implemented:
SDCL
		39-8-4.
3-A Sanitary Standards and Accepted Practices
, November
		21, 1999, formulated by the Dairy Industry Committee, International Association
		of Milk, Food and Environmental Sanitarians, U.S. Public Health Service, U.S.
		Department of Agriculture, Dairy and Food Industries Supply Association, and
		Poultry and Egg Institute of America. Published by the Journal of Food
		Protection. Copies may be obtained from the International Association of Milk,
		Food and Environmental Sanitarians, Box 701, Ames, Iowa
		50010.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:02 - Requirements for plants › Section 12:11:02:13 - Pasteurization equipment

Current through Register Vol. 51, page 10, July 15, 2024
High temperature short time pasteurizers shall be equipped with an
	 automatic flow diversion valve, timing pump or device, temperature recorder and
	 holding tube or its equivalent to assure complete pasteurization. Equipment and
	 operation shall meet requirements of and installed in accordance with the
3-A Sanitary Standards and Accepted Practices
for the sanitary
	 construction, installation, testing and operation of high-temperature
	 short-time pasteurizers.
General Authority:
SDCL
		39-8-4.
Law Implemented:
SDCL
		39-8-4.
3-A Sanitary Standards and Accepted Practices
, November
		21, 1999, formulated by the Dairy Industry Committee, International Association
		of Milk, Food and Environmental Sanitarians, U.S. Public Health Service, U.S.
		Department of Agriculture, Dairy and Food Industries Supply Association, and
		Poultry and Egg Institute of America. Published by the Journal of Food
		Protection. Copies may be obtained from the International Association of Milk,
		Food and Environmental Sanitarians, Box 701, Ames, Iowa
		50010.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:02 - Requirements for plants › Section 12:11:02:14 - Thermometer accuracy

Current through Register Vol. 51, page 10, July 15, 2024
Long-stem indicating thermometers that are accurate within 0.5 degrees
	 Fahrenheit plus or minus for the applicable temperature range shall be provided
	 for determining temperatures of pasteurization of products in vats and for
	 verifying the accuracy of recording thermometers. Short-stem indicating
	 thermometers that are accurate within 0.5 degrees Fahrenheit plus or minus for
	 the applicable temperature range shall be installed in the proper stationary
	 position in all high-temperature short-time and dome-type pasteurizers and all
	 storage tanks where temperature readings are required. Recording thermometers
	 that are accurate within one degree Fahrenheit plus or minus shall be used on
	 each pasteurizer to record pasteurization temperature.
General Authority:
SDCL
		39-8-4.
Law Implemented:
SDCL
		39-8-4.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:02 - Requirements for plants › Section 12:11:02:15 - Cleaning and sanitizing

Current through Register Vol. 51, page 10, July 15, 2024
Equipment, sanitary pipings, and utensils used in the receiving,
	 storing, processing, manufacturing, packaging, and handling of milk, dairy
	 products, mix, or frozen dairy desserts and all product contact surfaces of
	 homogenizers, high pressure pumps, and high pressure lines shall be kept clean
	 and sanitary. Stacks, elevators, conveyors, and the packing glands on all
	 agitators, pumps, and vats shall be inspected at regular intervals and kept
	 clean. Equipment coming in contact with milk, dairy products, mix, or frozen
	 dairy dessert shall have bactericidal or sanitizing treatment immediately
	 before use.
General Authority:
SDCL
		39-8-4.
Law Implemented:
SDCL
		39-8-4.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:02 - Requirements for plants › Section 12:11:02:16 - Cleaning equipment not designed for in-place cleaning

Current through Register Vol. 51, page 10, July 15, 2024
Equipment not designed for cleaned-in-place cleaning shall be
	 disassembled daily and thoroughly cleaned. Dairy cleansers, wetting agents,
	 detergents, sanitizing agents, or other similar material may be used that will
	 not contaminate or adversely affect dairy products. Steel wool or metal sponges
	 shall not be used in the cleaning of any dairy equipment or
	 utensils.
General Authority:
SDCL
		39-8-4.
Law Implemented:
SDCL
		39-8-4.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:02 - Requirements for plants › Section 12:11:02:17 - Cleaned-in-place method of cleaning equipment

Current through Register Vol. 51, page 10, July 15, 2024
Cleaned-in-place cleaning may be used only on equipment and pipeline
	 systems that are designed and engineered for that purpose. Installation and
	 cleaning procedures shall be in accordance with the
3-A Sanitary
	 Standards and Accepted Practices
for permanently installed sanitary
	 product pipelines and cleaning systems. An outline of the cleaning procedures
	 to be followed shall be posted near the cleaned in place
	 equipment.
General Authority:
SDCL
		39-8-4.
Law Implemented:
SDCL
		39-8-4.
3-A Sanitary Standards and Accepted Practices
, November
		21, 1999, formulated by the Dairy Industry Committee, International Association
		of Milk, Food and Environmental Sanitarians, U.S. Public Health Service, U.S.
		Department of Agriculture, Dairy and Food Industries Supply Association, and
		Poultry and Egg Institute of America. Published by the Journal of Food
		Protection. Copies may be obtained from the International Association of Milk,
		Food and Environmental Sanitarians, Box 701, Ames, Iowa
		50010.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:02 - Requirements for plants › Section 12:11:02:18 - Storage of utensils and portable equipment

Current through Register Vol. 51, page 10, July 15, 2024
Utensils and portable equipment used in processing operations shall be
	 stored above the floor in clean, dry locations and in self-draining positions
	 on racks constructed of impervious, corrosion-resistant
	 material.
General Authority:
SDCL
		39-8-4.
Law Implemented:
SDCL
		39-8-4.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:02 - Requirements for plants › Section 12:11:02:19 - Storage of nonrefrigerated products

Current through Register Vol. 51, page 10, July 15, 2024
Dairy products, or frozen dairy dessert ingredients in dry storage
	 shall be arranged in aisles, rows, sections, or lots or in such a manner as to
	 be orderly and easily accessible for inspection and to permit adequate cleaning
	 of the room. Dunnage or pallets shall be used when applicable. Dairy products,
	 mix, or frozen dairy dessert ingredients shall not be stored with any product
	 that would damage them or impair their quality. Open containers shall be
	 carefully protected from contamination.
General Authority:
SDCL
		39-8-4.
Law Implemented:
SDCL
		39-8-4.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:02 - Requirements for plants › Section 12:11:02:20 - Storage of supplies

Current through Register Vol. 51, page 10, July 15, 2024
Items in supply rooms shall be kept clean and protected and shall be
	 arranged so as to permit inspection of supplies and cleaning and spraying of
	 the room. Insecticides and rodenticides shall be properly labeled, segregated,
	 and stored in a separate room or cabinet away from milk or dairy products or
	 packaging supplies. Caps, parchment papers, wrappers, liners, gaskets,
	 single-service sticks, spoons, covers, and containers for frozen dairy
	 desserts, mix, or their ingredients, shall be purchased and stored only in
	 sanitary tubes, wrappings, or cartons and shall be kept in them in a clean, dry
	 place until used. They shall be handled in a sanitary manner.
General Authority:
SDCL
		39-8-4.
Law Implemented:
SDCL
		39-8-4.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:02 - Requirements for plants › Section 12:11:02:21 - Pasteurization and recorder charts to be on file

Current through Register Vol. 51, page 10, July 15, 2024
Recorder charts showing the pasteurization record for each day shall be
	 marked with the name of the product, date, and signature of the operator. The
	 charts shall be kept on file at the plant for at least 6
	 months.
General Authority:
SDCL
		39-8-4.
Law Implemented:
SDCL
		39-8-4.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:02 - Requirements for plants › Section 12:11:02:22 - Vehicles used in transporting of frozen dairy desserts

Current through Register Vol. 51, page 10, July 15, 2024
All vehicles used for the transportation of mix, frozen dairy desserts,
	 cream, milk. and dairy products shall be constructed and operated so as to
	 protect their contents from the sun and contamination. Temperatures of vehicles
	 used in the transporting of such products shall have cooling facilities to
	 maintain temperatures of liquid products at 45 degrees Fahrenheit or less and
	 frozen products at zero degrees Fahrenheit or less. Such vehicles shall be kept
	 clean and no substance capable of contaminating mix, frozen dairy desserts,
	 cream, milk, and dairy products shall be transported in them.
General Authority:
SDCL
		39-8-4.
Law Implemented:
SDCL
		39-8-4.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:02 - Requirements for plants › Section 12:11:02:23 - Personnel cleanliness

Current through Register Vol. 51, page 10, July 15, 2024
Plant employees shall wash their hands before beginning work and upon
	 returning to work after using toilet facilities, eating, smoking, or otherwise
	 soiling their hands. They shall keep their hands clean and follow good hygienic
	 practices while on duty. Expectorating or use of tobacco in any form is
	 prohibited in rooms and compartments where milk, dairy products, mix, or frozen
	 dairy desserts are unpacked or exposed. Clean white or light colored washable
	 outer garments and caps shall be worn by all persons engaged in handling milk,
	 dairy products, mix, or frozen dairy desserts. Paper caps or hairnets are
	 acceptable. In addition, employees engaged in manual molding, wrapping, and
	 touching any product's contact surface shall treat their clean hands with a
	 bactericide of approved strength before beginning such work and after each
	 interruption.
General Authority:
SDCL
		39-8-4.
Law Implemented:
SDCL
		39-8-4.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:02 - Requirements for plants › Section 12:11:02:24 - Health of personnel

Current through Register Vol. 51, page 10, July 15, 2024
No person affected with a disease in a communicable form or while a
	 carrier of such a disease may work in a dairy plant in a capacity which brings
	 him into contact with the production, handling, storage, or transportation of
	 frozen dairy desserts or frozen dairy dessert mix, containers, equipment, and
	 utensils. No person or firm may employ in such a capacity a person who has or
	 is suspected of having a communicable disease or who is or is suspected of
	 being a carrier of such a disease. When a reasonable cause exists to suspect
	 the possibility of transmission of infection from a person concerned with the
	 handling of frozen dairy desserts or frozen mix, the secretary shall require
	 any or all of the following measures:
(1) The immediate exclusion of that person
  from the premises;
(2) The
  immediate exclusion of the frozen dairy desserts or frozen dairy dessert mix
  from distribution and use; and
(3)
  The medical and bacteriological examination of the person, of his associates,
  and of his and their body discharges as considered appropriate.
General Authority:
SDCL
		39-8-4.
Law Implemented:
SDCL
		39-8-4.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:03 - Pasteurization and packaging › Section 12:11:03:01 - Pasteurization of frozen dairy dessert mix

Current through Register Vol. 51, page 10, July 15, 2024
After formulation of an entire mix, except for flavoring ingredients,
	 the mix shall be pasteurized. This pasteurization requirement does not apply to
	 dry powder mix as defined by subdivision 12:11:01:01(8), which requires only
	 the addition of approved drinking water. Pasteurized mix or frozen dairy
	 desserts may not come in contact with equipment or containers with which
	 unpasteurized mix, frozen dairy desserts, milk, or milk products have been in
	 contact unless such equipment has first been washed and subjected to a
	 bactericidal treatment.
General Authority:
SDCL
		39-8-4.
Law Implemented:
SDCL
		39-8-4.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:03 - Pasteurization and packaging › Section 12:11:03:02 - Cooling

Current through Register Vol. 51, page 10, July 15, 2024
Processed fluid milk products including mix, except sterilized mix in
	 hermetically sealed containers, shall be cooled immediately after
	 pasteurization to 45 degrees Fahrenheit or lower and maintained at that
	 temperature until used.
General Authority:
SDCL
		39-8-4.
Law Implemented:
SDCL
		39-8-4.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:03 - Pasteurization and packaging › Section 12:11:03:03 - Container and packaging materials

Current through Register Vol. 51, page 10, July 15, 2024
Frozen dairy desserts and mix shall be packaged in containers and
	 packaging material that will protect the quality of the contents in regular
	 channels of trade. Prior to use, closures, covers, wrappers, and containers
	 shall be protected against dust, mold, and other possible contamination. The
	 packaging, cutting, molding, dispensing, and other handling or preparation of
	 mixes or frozen dairy desserts and their ingredients shall be done in a
	 sanitary manner.
General Authority:
SDCL
		39-8-4.
Law Implemented:
SDCL
		39-8-4.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:03 - Pasteurization and packaging › Section 12:11:03:04 - Labeling

Current through Register Vol. 51, page 10, July 15, 2024
Frozen dairy desserts regulated under SDCL 39-8 shall be labeled and
	 packaged in accordance with 21 C.F.R. 1.1 to
	 21 C.F.R.
	 1.24, inclusive (April 1,
	 1994).
General Authority:
SDCL
		39-8-10.
Law Implemented:
SDCL
		39-8-5,
		39-8-8,
		39-8-10.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:03 - Pasteurization and packaging › Section 12:11:03:05 - Contents of broken or opened containers not reusable

Current through Register Vol. 51, page 10, July 15, 2024
Disposition of returned frozen dairy dessert containers and contents to
	 plant is as follows:
(1) Mix or frozen
  dairy desserts in broken, opened or partially full containers may, after
  delivery, be returned to the plant for inspection but shall not be sold or used
  for making mix or frozen dairy desserts;
(2) Multiuse containers having been used in
  the transporting of frozen dairy dessert mix shall be washed by the purchaser
  of the mix before their return to the distributor or manufacturer;
(3) Single service paperboard containers used
  to enclose plastic bags in the transporting of frozen dairy dessert mix shall
  not be returned for further use.
General Authority:
SDCL
		39-8-4.
Law Implemented:
SDCL
		39-8-4.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:04 - ADOPTION OF DOCUMENTS AND MINIMUM REQUIREMENTS › Section 12:11:04:01 - Minimum requirements

Current through Register Vol. 51, page 10, July 15, 2024
The production, transportation, processing, handling, sampling,
	 examination, grading, labeling, and sale of all frozen dairy desserts shall be
	 regulated in accordance with the provisions of the
3A Sanitary Standards
	 and Accepted Practices
and
General Specifications for Dairy Plants
	 Approved for USDA Inspection and Grading Service.
General Authority:
SDCL
		39-8-10
Law Implemented:
SDCL
		39-8-10
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
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
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:11 - Frozen dairy desserts › Chapter 12:11:04 - ADOPTION OF DOCUMENTS AND MINIMUM REQUIREMENTS › Section 12:11:04:02 - 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
		39-8-10
Law Implemented:
SDCL
		39-8-10
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 12:12 - Forestry › Chapter 12:12:02 - Logging slash abandonment and treatment standards › Section 12:12:02:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Abandonment," withdrawal of logging
  operations from an area with no intent to provide satisfactory treatment of all
  logging slash;
(2) "Burning,"
  igniting piled or unpiled slash under prescribed conditions to reduce the
  amount and continuity of fuels;
(3)
  "Chipped," sliced, ground, or pulverized limbs, branches, or other logging
  debris that has been put through a specially designed portable chipping machine
  to produce small pieces of wood that are scattered over the area, producing a
  compact mat of wood debris;
(4)
  "Habitable structure," a residence, summer home, or other structure inhabited
  by people on a continual, seasonal, or intermittent basis;
(5) "Lopping," cutting of limbs, branches,
  treetops, cull logs, and other separate vegetation remaining after harvest into
  lengths so that the remaining logging slash will lie close to the
  ground;
(6) "Lopping and
  scattering," a combination of lopping and scattering that results in a more
  even and compact distribution of logging slash than lopping or scattering
  alone;
(7) "Percent slope," a
  measurement of slope steepness calculated by dividing a measured horizontal
  distance into the vertical distance, which is the distance from the horizontal
  line to the ground, and multiplying the answer by 100, using a formula
  expressed as:
Vertical distance =
______ X 100 = Percent
	 slope
Horizontal distance
(8) "Piling," laying, placing, heaping, or
  stacking logging slash into piles to facilitate intended burning or to meet
  other silvicultural purposes;
(9)
  "Piling and burning," a combination of piling slash and igniting
  piles;
(10) "Prescribed burning,"
  controlled application of fire to fuels, in a natural or modified state, under
  conditions of weather, fuel moisture, soil moisture, and topography that allow
  a fire to be confined to a predetermined area and produce effects that meet
  planned objectives of silviculture and fire hazard reduction;
(11) "Red slash," a condition of the logging
  slash, usually conifers, reached when the needles turn reddish-brown while
  still attached to the limbs;
(12)
  "Removal," removal of logging slash by lifting, pushing, or taking it away from
  a logged area in order to utilize the material or dispose of it
  safely;
(13) "Satisfactory
  treatment," treatment of logging slash that meets the standards in this
  chapter;
(14) "Scattering,"
  spreading of lopped or unlopped logging slash evenly over the ground so that
  the remaining slash will lie close to the ground; and
(15) "Silviculture," the science and art of
  growing and tending forests based on a knowledge of the life history and
  general characteristics of forest trees and stands.
General Authority:
SDCL
		21-10-26.
Law Implemented:
SDCL
		21-10-26.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:12 - Forestry › Chapter 12:12:02 - Logging slash abandonment and treatment standards › Section 12:12:02:02 - Complaints and inspections

Current through Register Vol. 51, page 10, July 15, 2024
Complaints of logging slash abandonment shall be reported to the state
	 forester. Upon receipt of a complaint, the state forester or his representative
	 shall inspect the site of the complaint to determine if logging slash has been
	 abandoned. The state forester may initiate an investigation without receiving a
	 complaint if he believes logging slash has been abandoned.
General Authority:
SDCL
		21-10-26.
Law Implemented:
SDCL
		21-10-26,
		21-10-27.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:12 - Forestry › Chapter 12:12:02 - Logging slash abandonment and treatment standards › Section 12:12:02:03 - Determination of abandonment

Current through Register Vol. 51, page 10, July 15, 2024
The state forester shall declare logging slash as abandoned if he finds
	 one or more of the following conditions:
(1) Logging slash is not satisfactorily
  treated to minimum standards by the termination date of any written or verbal
  logging contract between the timber owner and the timber purchaser or logging
  contractor;
(2) The timber
  purchaser or logging contractor has removed all commercial wood from an area
  but has not treated the logging slash to minimum standards; or
(3) The logging slash has not received
  satisfactory treatment to minimum standards before red slash occurs in the
  logging debris.
General Authority:
SDCL
		21-10-26.
Law Implemented:
SDCL
		21-10-26,
		21-10-27.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:12 - Forestry › Chapter 12:12:02 - Logging slash abandonment and treatment standards › Section 12:12:02:04 - Minimum treatment standard

Current through Register Vol. 51, page 10, July 15, 2024
All logging slash must be lopped and scattered so that it will not
	 exceed 18 inches in depth on any part of the logged area or it must be piled,
	 piled and burned, removed from the site, treated by prescribed burning, or
	 chipped.
General Authority:
SDCL
		21-10-26.
Law Implemented:
SDCL
		21-10-26,
		21-10-27.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:12 - Forestry › Chapter 12:12:02 - Logging slash abandonment and treatment standards › Section 12:12:02:05 - Piled logging slash standard

Current through Register Vol. 51, page 10, July 15, 2024
Logging slash must be piled in such a manner that it will not unduly
	 harm the residual forest stand when burned. Piles must be compressed and free
	 of excessive dirt and debris to facilitate complete consumption of the
	 debris.
General Authority:
SDCL
		21-10-26.
Law Implemented:
SDCL
		21-10-26,
		21-10-27.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:12 - Forestry › Chapter 12:12:02 - Logging slash abandonment and treatment standards › Section 12:12:02:06 - Prescribed burning standard

Current through Register Vol. 51, page 10, July 15, 2024
Prescribed burning of logging slash or the burning of piled slash must
	 be conducted in a safe manner and in accordance with open burning rules in
	 chapter 74:36:15, laws in SDCL chapter 34-35, and local open burning
	 laws.
Editor's Note:
The Legislative Research Council
		substituted "74:36:15" for "74:26:04" in this section to conform to
		recodification of rules for air pollution
		control.
General Authority:
SDCL
		21-10-26.
Law Implemented:
SDCL
		21-10-26,
		21-10-27.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:12 - Forestry › Chapter 12:12:02 - Logging slash abandonment and treatment standards › Section 12:12:02:07 - Minimum safety zones

Current through Register Vol. 51, page 10, July 15, 2024
A minimum safety zone must be created around habitable structures. All
	 logging slash must be removed or chipped within 100 feet of the structure when
	 the average percent slope of the site is 0 to 39 percent. On sites with an
	 average slope greater than or equal to 40 percent, slash must be removed or
	 chipped within 200 feet of the structure.
General Authority:
SDCL
		21-10-26.
Law Implemented:
SDCL
		21-10-26,
		21-10-27.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:13 - Wheat commission › Chapter 12:13:01 - Administration › Section 12:13:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL 1-26 and 38-10-2 have the same meaning when used
	 in this article. In addition, terms used in this article have the following
	 meanings:
(1) "Director," the
  executive director of the commission;
(2) "Fee," the promotional fee assessed upon
  all wheat grown and harvested within South Dakota and sold or stored through
  commercial channels.
General Authority:
SDCL
		38-10-20.
Law Implemented:
SDCL
		38-10-22,
		38-10-24.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:13 - Wheat commission › Chapter 12:13:01 - Administration › Section 12:13:01:02 - Obtaining a declaratory ruling

Current through Register Vol. 51, page 10, July 15, 2024
A person may request the commission 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 commission containing
	 the following information:
(1) The
  statute, rule, or order in question;
(2) The name and address of the person
  submitting the petition;
(3) The
  facts and circumstances which give rise to the issue to be answered by the
  commission's declaratory ruling;
(4) A description of the action requested of
  the commission 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
		38-10-20,
		1-26-15.
Law Implemented:
SDCL
		1-26-15.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:13 - Wheat commission › Chapter 12:13:01 - Administration › Section 12:13:01:03 - Commission action on petition

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of a petition for declaratory ruling, the commission 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, if requested, the additional information, the commission shall issue its
	 declaratory ruling. The ruling shall be in writing and shall be sent by
	 certified mail to the petitioner.
General Authority:
SDCL
		1-26-15,
		38-10-20.
Law Implemented:
SDCL
		1-26-15.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:13 - Wheat commission › Chapter 12:13:02 - Collection of fee › Section 12:13:02:01 - Collection of fee - Record of assessment

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. The amount of fee deducted shall be
	 noted on the grower's check stub or assembly sheet as evidence that the fee has
	 been paid by the grower. The grower's address, date sold, and total bushels
	 sold shall also be recorded on the check stub or assembly sheet. The check stub
	 or assembly sheet constitutes a record of assessment.
General Authority:
SDCL
		38-10-20,
		38-10-22.
Law Implemented:
SDCL
		38-10-22,
		38-10-25.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:13 - Wheat commission › Chapter 12:13:02 - Collection of fee › Section 12:13:02:03 - Quarterly reports and remittance

Current through Register Vol. 51, page 10, July 15, 2024
Quarterly reports with required fees shall be submitted to the
	 remittance center at the department of revenue in Sioux Falls, which serves as
	 the agent for the council. The reports must be on forms provided by the wheat
	 commission and must contain the following information:
(1) The name and address of the first
  purchaser;
(2) The number of
  bushels of wheat purchased;
(3) The
  total amount of the fee collected;
(4) The calendar quarter for which the report
  was submitted;
(5) The date of the
  report; and
(6) The signature of
  the first purchaser or his agent.
General Authority:
SDCL
		38-10-20.
Law Implemented:
SDCL
		38-10-22,
		38-10-27.
Note:
The mailing address of the remittance center is
		South Dakota Department of Revenue, Western Bank Building, P.O. Box 5055, Sioux
		Falls, South Dakota 57117.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:13 - Wheat commission › Chapter 12:13:03 - Assessment of fee on wheat sold out-of-state › Section 12:13:03:01 - Fee record on wheat sold out-of-state

Current through Register Vol. 51, page 10, July 15, 2024
Unless the out-of-state purchaser has executed a fee agreement as
	 provided in SDCL
	 38-10-24 and §
									12:13:03:03, the grower shall
	 maintain records that indicate the following:
(1) The name and address of the purchaser who
  purchased or accepted wheat for storage or transport;
(2) The date or dates of the purchase or
  acceptance;
(3) The number of
  bushels of wheat purchased or accepted; and
(4) The amount of the fee assessed.
This record shall be made available to the commission upon
	 request.
General Authority:
SDCL
		38-10-20.
Law Implemented:
SDCL
		38-10-24.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:13 - Wheat commission › Chapter 12:13:03 - Assessment of fee on wheat sold out-of-state › Section 12:13:03:02 - Filing of fee report on wheat sold out-of-state

Current through Register Vol. 51, page 10, July 15, 2024
Unless the out-of-state purchaser has executed a fee agreement as
	 provided in SDCL
	 38-10-24 and §
									12:13:03:03, the grower shall file
	 the fee report and fee as required in §
									12:13:02:03.
General Authority:
SDCL
		38-10-20.
Law Implemented:
SDCL
		38-10-24.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:13 - Wheat commission › Chapter 12:13:03 - Assessment of fee on wheat sold out-of-state › Section 12:13:03:03 - Fee agreement by out-of-state purchasers

Current through Register Vol. 51, page 10, July 15, 2024
The fee agreement between an out-of-state purchaser and a grower shall
	 be upon forms supplied by the commission which require the purchaser to provide
	 the fee invoice to the grower and to file the fee report and fee with the
	 commission upon execution.
General Authority:
SDCL
		38-10-20.
Law Implemented:
SDCL
		38-10-24.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:13 - Wheat commission › Chapter 12:13:04 - Claims for fee refund › Section 12:13:04:01 - Fee refund application form

Current through Register Vol. 51, page 10, July 15, 2024
A grower shall request a refund of the fee collected by the purchaser
	 on forms furnished by the wheat commission and shall indicate the
	 following:
(1) The name and address of
  the grower;
(2) The name and
  address of the purchaser;
(3) The
  date or dates of the purchase;
(4)
  The number of bushels purchased;
(5) The amount of the fee assessed;
(6) The date of the application;
  and
(7) The signature of the
  grower.
The refund application must have check stubs or assembly sheets
	 attached as proof of sale.
General Authority:
SDCL
		38-10-20.
Law Implemented:
SDCL
		38-10-34.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:13 - Wheat commission › Chapter 12:13:04 - Claims for fee refund › Section 12:13:04:02 - Request for application form

Current through Register Vol. 51, page 10, July 15, 2024
A grower who has sold or expects to sell wheat subject to a fee may
	 request, orally or in writing, a refund application from the commission. The
	 commission shall supply the application to the grower upon request, unless
	 another refund application form is outstanding for that grower. The commission
	 may not issue a second refund application to a grower who has an application
	 outstanding unless he submits evidence satisfactory to the commission that the
	 first application has been lost or destroyed.
General Authority:
SDCL
		38-10-20.
Law Implemented:
SDCL
		38-10-34.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:13 - Wheat commission › Chapter 12:13:04 - Claims for fee refund › Section 12:13:04:03 - Refund of fee

Current through Register Vol. 51, page 10, July 15, 2024
The wheat commission shall refund the fee within 30 days after receipt
	 of a refund application that meets the following requirements:
(1) The application is submitted to the
  commission within 60 days after the assessment;
(2) The application is accompanied by check
  stubs or assembly sheets as described in SDCL
  38-10-25 or §
									12:13:03:01; and
(3) The application contains all of the
  information required by §
									12:13:04:01.
General Authority:
SDCL
		38-10-20.
Law Implemented:
SDCL
		38-10-34.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:13 - Wheat commission › Chapter 12:13:04 - Claims for fee refund › Section 12:13:04:04 - Notice of rejection

Current through Register Vol. 51, page 10, July 15, 2024
If the wheat commission rejects a refund application because it does
	 not meet one or more of the requirements in §
									12:13:04:03, the wheat commission
	 shall return the application to the grower with a written notice of rejection
	 containing a statement of the reasons for the rejection. If the application can
	 be corrected and returned to the commission within the 60-day time limit set in
	 SDCL 38-10-34 and it meets all of the
	 requirements of §
									12:13:04:03, the wheat commission
	 shall process the application.
General Authority:
SDCL
		38-10-20.
Law Implemented:
SDCL
		38-10-34.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:13 - Wheat commission › Chapter 12:13:05 - Assessment of delinquent fee › Section 12:13:05:01 - Assessment of delinquent fee

Current through Register Vol. 51, page 10, July 15, 2024
The fee assessed upon any purchaser or grower who has failed to file a
	 fee report or fee as required by chapter 12:13:02 or 12:13:03 shall be based
	 upon the past sales of the purchaser or grower, applicable fee invoices, and
	 any other relevant information.
General Authority:
SDCL
		38-10-20.
Law Implemented:
SDCL
		38-10-33.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:13 - Wheat commission › Chapter 12:13:05 - Assessment of delinquent fee › Section 12:13:05:02 - Notice of delinquent fee

Current through Register Vol. 51, page 10, July 15, 2024
Upon making an assessment pursuant to the provisions of SDCL
	 38-10-33, the director shall, by
	 certified mail, send a notice of delinquent fee to the purchaser or grower at
	 his last known address. The notice shall include the following:
(1) A statement of the fee
  assessed;
(2) The penalty
  assessed;
(3) For what period of
  time the fee is delinquent;
(4) The
  basis for the fee; and
(5) A
  statement that the fee is due within 10 days after the receipt of the notice.
The notice shall indicate that the purchaser may request a hearing
	 before the commission according to the provisions of §
										12:13:05:03.
General Authority:
SDCL
		38-10-20.
Law Implemented:
SDCL
		38-10-33.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:13 - Wheat commission › Chapter 12:13:05 - Assessment of delinquent fee › Section 12:13:05:03 - Hearing request

Current through Register Vol. 51, page 10, July 15, 2024
A purchaser or grower who has received a notice of delinquent fee may
	 request, in writing, a hearing before the commission. The request shall be
	 filed with the commission within 10 days after receipt of the notice of
	 delinquent fee. The request shall contain the following information:
(1) The name and address of the purchaser or
  grower;
(2) A statement of why the
  fee is not delinquent or why the delinquent assessment or penalty is not
  reasonable;
(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
		38-10-20.
Law Implemented:
SDCL
		38-10-33.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:13 - Wheat commission › Chapter 12:13:05 - Assessment of delinquent fee › Section 12:13:05:04 - Commission decision

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall render a decision within 30 days from the hearing.
	 The decision shall be in writing and shall indicate the amount of any
	 delinquent fee and penalty assessed against the purchaser or grower. The
	 decision shall be served on the purchaser or grower by certified
	 mail.
General Authority:
SDCL
		38-10-20.
Law Implemented:
SDCL
		38-10-33.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:14 - Butter grading and labeling › Chapter 12:14:01 - Butter grading and labeling › Section 12:14:01:01 - Definition of terms

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Butter at retail," the selling of butter
  for consumption or use, or for any purpose other than resale as butter,
  regardless of quantity, including selling to persons who sell meals and
  lunches. The term does not include selling with and as part of any meal or
  lunch;
(2) "Label," a display of
  written, printed, or graphic matter on the outside container or wrapper of the
  retail package of butter.
General Authority:
SDCL 39-9-7.
Law Implemented:
SDCL
		39-9-4.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:14 - Butter grading and labeling › Chapter 12:14:01 - Butter grading and labeling › Section 12:14:01:02 - Grade statement on label

Current through Register Vol. 51, page 10, July 15, 2024
Each label shall contain a grade statement. The grade statement shall
	 be "South Dakota Grade AA," "South Dakota Grade A," "South Dakota Grade B," or
	 "South Dakota undergrade." The letters AA, A, or B may immediately precede the
	 term "grade" and the name of the state may be abbreviated as "S.D." The letters
	 of the grade statement shall not be less than 12-point type on a strongly
	 contrasting background. The term "when graded" or similar qualifying terms
	 shall not be used on the label.
General Authority:
SDCL 39-9-7.
Law Implemented:
SDCL
		39-9-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:14 - Butter grading and labeling › Chapter 12:14:01 - Butter grading and labeling › Section 12:14:01:03 - Grades set by official grader

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall appoint an official butter grader for the state who
	 shall determine the grade of any butter.
General Authority:
SDCL 39-9-7.
Law Implemented:
SDCL
		39-9-7.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:14 - Butter grading and labeling › Chapter 12:14:01 - Butter grading and labeling › Section 12:14:01:04 - Grade AA specifications

Current through Register Vol. 51, page 10, July 15, 2024
South Dakota Grade AA shall possess a fine, highly pleasing flavor. It
	 may possess a slightly normal feed or a definitely cooked flavor. It shall be
	 made from sweet cream or cream of low natural acid to which a culture starter
	 may have been added. The permitted total defects in body, color, and salt are
	 limited to one-half point.
General Authority:
SDCL 39-9-7.
Law Implemented:
SDCL
		39-9-2.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:14 - Butter grading and labeling › Chapter 12:14:01 - Butter grading and labeling › Section 12:14:01:05 - Grade A specifications

Current through Register Vol. 51, page 10, July 15, 2024
South Dakota Grade A shall possess a pleasing and desirable flavor. It
	 may possess any of the following flavors to a slight degree: coarse, acid,
	 smothered, flat, heated, bitter, aged, and storage. It may possess feed and
	 cooked flavors to a definite degree. The permitted total defects in body, color
	 and salt are limited to one-half point unless the flavor classification permits
	 these defects to exceed one-half. Butter with a flavor classification of AA and
	 having total defects in body, color, and salt not to exceed one point shall be
	 South Dakota Grade A.
General Authority:
SDCL 39-9-7.
Law Implemented:
SDCL
		39-9-2.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:14 - Butter grading and labeling › Chapter 12:14:01 - Butter grading and labeling › Section 12:14:01:06 - Grade B specifications

Current through Register Vol. 51, page 10, July 15, 2024
South Dakota Grade B may possess any of the following flavors to a
	 slight degree: musty, neutralizer, scorched, woody, weed, whey, and utensil. It
	 may possess any of the following flavors to a definite degree: aged, bitter,
	 coarse acid, flat, old cream, smothered and storage. The permitted total
	 defects in body, color, and salt are limited to a total of one-half point
	 unless the flavor classification permits these defects to exceed one-half
	 point. Butter with a flavor classification of AA and having total defects in
	 body, color, and salt over one point, but not exceeding two and one-half point
	 shall be South Dakota Grade B. Butter with a flavor classification of A and
	 having total defects in body, color, and salt not exceeding one and one-half
	 point shall be South Dakota Grade B.
General Authority:
SDCL 39-9-7.
Law Implemented:
SDCL
		39-9-2.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:14 - Butter grading and labeling › Chapter 12:14:01 - Butter grading and labeling › Section 12:14:01:07 - Undergrade specifications

Current through Register Vol. 51, page 10, July 15, 2024
South Dakota undergrade is butter below the requirements for South
	 Dakota Grade B.
General Authority:
SDCL 39-9-7.
Law Implemented:
SDCL
		39-9-2.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:14 - Butter grading and labeling › Chapter 12:14:01 - Butter grading and labeling › Section 12:14:01:08 - Ratings for defects in body, color, and salt

Current through Register Vol. 51, page 10, July 15, 2024
Ratings for defects in body, color, and salt shall be established in
	 accordance with the following:
(1)
  Gummy, leaky, spongy, or weak, mealy, crumbly, or sticky body, wavy color,
  color specks, and sharp salt shall be rated for defects as follows: slight
  defects, one-half point; definite defect, one point;
(2) Ragged, boring, grainy, and streaked or
  mottled appearance shall be rated for defects as follows: slight defect, one
  point; definite defect, two points;
(3) Unnatural high color shall be rated for
  defects as follows: pronounced, one point;
(4) Gritty salt shall be rated for defects as
  follows: slight defect, one point; definite defect, two points.
General Authority:
SDCL 39-9-7.
Law Implemented:
SDCL
		39-9-1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:14 - Butter grading and labeling › Chapter 12:14:01 - Butter grading and labeling › Section 12:14:01:09 - Relationship of defects to grade

Current through Register Vol. 51, page 10, July 15, 2024
The following schedule applies to the classification, as affected by
	 total rating point defects in body, color, and salt:
(1) When the total defects in body, color,
  and salt do not exceed one-half point for butter having a flavor classification
  of AA, A, or B the grade of butter shall be the same as the flavor
  classification;
(2) When the total
  defects in body, color, and salt exceed the permitted total defects for butter
  having a flavor classification of AA, A, or B by either one-half or one point,
  the grade shall be one grade below the flavor classification;
(3) When the total defects for body, color,
  and salt in such butter exceed the permitted total defects by one and one-half
  or two points, the grade shall be two grades below the flavor
  classification.
General Authority:
SDCL 39-9-7.
Law Implemented:
SDCL
		39-9-1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:15 - Oilseeds council › Chapter 12:15:01 - Administration › Section 12:15:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL 1-26 and 38-27-1 have the same meaning when used
	 in this article. In addition, as used in this article, "check-off fee" means
	 the assessment imposed by SDCL 38-27 which a first purchaser must collect on
	 all oilseeds marketed to the first purchaser in the state.
General Authority:
SDCL
		38-27-8.1,
		38-27-14.
Law Implemented:
SDCL
		38-27-8,
		38-27-11,
		38-29-12.