South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:78 - Livestock transactions › Chapter 12:78:01 - Livestock packer transactions › Section 12:78:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Words defined in SDCL
	 40-15B-1 have the same meaning
	 when used in this article. Other terms used in this article mean:
(1) "Base price," the price paid for
  livestock, delivered at the packing plant, before application of any premiums
  or discounts, expressed in dollars per hundred pounds of carcass
  weight;
(2) "Carcass merit premium
  or discount," any adjustment in the base price, calculated on carcass
  characteristics, as determined by a packer's specific carcass evaluation
  system, if the packer's system of premiums or discounts is known before sale
  and delivery, but the actual amount of any applicable premium or discount is
  not known until after slaughter. The premiums and discounts may be based on
  backfat thickness, fat marbling, calculated percentage of lean meat, dressing
  percentage, percentage of designated primal cuts yielded by a given animal or
  group of animals, or similar considerations;
(3) "Cold storage plant," any warehouse, as
  defined in SDCL
  57A-7-102(1)(h),
  that is engaged in the business of storing meat food products or cold
  carcasses, or parts or products of carcasses of any livestock;
(4) "Contract," any verbal or written
  agreement between mutually consenting parties who are lawfully capable of
  contracting for agreed upon consideration;
(5) "Department," the South Dakota Department
  of Agriculture;
(6) "Direct
  purchase," any purchase of livestock for slaughter and delivered within 20 days
  of purchase, regardless of whether the purchase is made by means of a written
  or verbal agreement;
(7) "Frozen
  food locker plant," any warehouse, as defined in SDCL
  57A-7-102(1)(h),
  that is engaged in the business of storing frozen meat food products or frozen
  carcasses, or frozen parts or products of carcasses of any livestock;
(8) "Non-carcass merit premium or discount,"
  any adjustment in the base price of livestock offered by an individual packer,
  based on any factor other than carcass characteristics, if the actual amount of
  any applicable premium or discount is known before the sale and delivery of
  livestock. The premiums and discounts may be based on the timing of delivery,
  the number of animals included in a delivery, the particular production method
  or genetics of the livestock, or similar considerations;
(9) "Order buyer," any person representing
  packers or acting as their agent for the purpose of receiving, purchasing or
  soliciting slaughter livestock for customers at public markets or
  elsewhere;
(10) "Packer," any
  packer as defined in SDCL
  40-15B-1, including:
(a) Livestock buying stations as defined in
  SDCL 40-15-1.1, except for buying
  stations engaged solely in purchasing livestock other than livestock for
  slaughter;
(b) Livestock dealers as
  defined in SDCL
  40-15A-1(5),
  except for dealers engaged solely in the business of buying, selling, and
  dealing in livestock other than livestock for slaughter;
(c) Meat processing establishments as defined
  in SDCL 39-5-6(17) that
  purchase any livestock for resale or public consumption;
(d) Slaughtering establishments as defined in
  SDCL 39-5-6(26) that
  purchase any livestock for resale or public consumption;
(e) Retail store meat processors as defined
  in SDCL 39-5-6(24) that
  purchase any livestock for resale or public consumption.
The term packer does not include:
(a) Entities operating solely as custom
  exempt plants as defined in SDCL
  39-5-6(4) and who
  do not purchase any livestock for resale or public consumption;
(b) Entities operating solely as cold storage
  plants;
(c) Entities operating
  solely as frozen food locker plants;
(d) Meat brokers and retail dealers as
  defined in SDCL
  39-5-6(14) and
  39-5-6(23) who
  are engaged solely in the business of dealing in carcasses, parts thereof, or
  meat products and do not purchase livestock;