South Dakota Administrative Code

Rule 12:10:02:18 Repealed. 12:10:02:18. Unloaded cattle.Repealed. Source: 2 SDR 23, effective September 30, 1975; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:07:03:18 by SDCL 1-41-9, effective April 15, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; …

Rule 12:10:02:19 Authorized bill of sale. 12:10:02:19. Authorized bill of sale. The bill of sale used to transfer ownership of livestock shall contain the names and addresses of the buyer and seller, the date of the transaction, the number and description of the animals being tra…

Rule 12:10:02:20 Distribution of copies of bill of sale. 12:10:02:20. Distribution of copies of bill of sale. The original bill of sale is the purchaser's copy and shall be given to the brand inspector when the livestock are subsequently sold or transferred by the purchaser. Sour…

Rule 12:10:02:21 Repealed. 12:10:02:21. Valid local inspections.Repealed. Source: 13 SDR 29, effective September 10, 1986; repealed by SL 1988, ch 328, § 118, effective July 1, 1988.

Rule 12:10:02:22 Repealed. 12:10:02:22. Impounding of livestock.Repealed. Source: 13 SDR 29, effective September 10, 1986; repealed by SL 1988, ch 328, § 118, effective July 1, 1988.

Rule 12:10:02:23 Grazing permit restrictions. 12:10:02:23. Grazing permit restrictions. If the holder of a South Dakota grazing permit moves livestock to locations other than those listed on the grazing permit, the livestock are subject to the ownership inspection laws of South D…

Rule 12:10:02:24 Repealed. 12:10:02:24. Procedure for cattle shipped from qualified feedlot.Repealed. Source: 13 SDR 29, effective September 10, 1986; repealed by SL 1987, ch 297, § 6, effective July 1, 1987.

12:10:02:25. Lifetime transportation permit for horses. The owner of a horse may apply for a lifetime transportation permit from the State Brand Board. The permit provides proof of ownership of the horse and is valid until the horse changes ownership, at which time the previous o…

Rule 12:10:02:25.01 Lifetime transportation permit -- Reciprocity for horses. 12:10:02:25.01. Lifetime transportation permit -- Reciprocity for horses. A valid lifetime transportation permit issued by a state where livestock ownership inspection is required may be accepted by the…

Rule 12:10:02:26 Shipper's permit. 12:10:02:26. Shipper's permit. A shipper's permit is valid only for transporting livestock for purposes of sale or slaughter to a designated open market or to a slaughterhouse. The shipper's permit must contain the name and address of the shippe…

Rule 12:10:02:27 Repealed. 12:10:02:27. Market clearances.Repealed. Source: 15 SDR 33, effective August 31, 1988; repealed, SL 1990, ch 328, § 2, effective July 1, 1990.

Rule 12:10:02:28 Annual horse and mule transportation permit. 12:10:02:28. Annual horse and mule transportation permit. A permit for the transportation of horses and mules that originate outside the South Dakota ownership inspection area is available from the board for a fee of t…

Rule 12:10:02:29 Lighting requirements for livestock ownership inspection during hours of darkness -- Approval of facilities. 12:10:02:29. Lighting requirements for livestock ownership inspection during hours of darkness -- Approval of facilities. Ownership inspection of livestoc…

Rule 12:10:02:30 Repealed. 12:10:02:30. Requirements for refusal to inspect.Repealed. Source: 17 SDR 7, effective July 23, 1990; repealed by SL 1992, ch 288, § 12, effective July 1, 1992.

Rule 12:10:02:31 Repealed. 12:10:02:31. Inspection outside inspection area.Repealed. Source: 17 SDR 7, effective July 23, 1990; repealed by SL 1992, ch 288, § 12, effective July 1, 1992.

12:10:02:32. Mileage fee. An inspector may collect the mileage fee set by SDCL 3-9-1 for each mile traveled to perform livestock ownership inspection. The mileage shall be based on the most accessible route to and from the inspector's duty station and the inspection site. The ins…

Rule 12:10:02:33 Suspension or revocation of feedlot permit. 12:10:02:33. Suspension or revocation of feedlot permit. The board may suspend or revoke a registered feedlot permit if it determines that: (1) The owner or manager of the facility fails to comply with the requirements …

12:10:02:34. Application for permission to use out-of-state brand. A person may apply to the State Brand Board on a form provided by the board for permission to brand livestock in South Dakota with the person's out-of-state brand. Source: 21 SDR 77, effective October 23, 1994; 51…

12:10:02:35. Requirements for branding calves with out-of-state brand. Calves born to cows imported for grazing or feeding purposes within the ownership inspection area may be branded with an out-of-state brand authorized by the board pursuant to § 12:10:02:34 if the following co…

12:10:02:36. Requirements for branding yearling stocker cattle with out-of-state brand. Yearling stocker cattle imported or purchased for feeding purposes within the ownership inspection area may be branded with an out-of-state brand authorized by the board pursuant to § 12:10:02…

Rule 12:10:02:37 Estray livestock -- Cost of feeding and keeping. 12:10:02:37. Estray livestock -- Cost of feeding and keeping. If a timely claim is filed pursuant to SDCL 40-29-24, the board shall pay the claimant for the portion of the claim that the board determines to be vali…

Rule 12:10:03:01 Definitions. 12:10:03:01. Definitions. Words defined in SDCL chapters 40-18 through 40-21, inclusive, have the same meaning when used in this chapter. In addition, terms used in this chapter mean: (1) "Board," the South Dakota State Brand Board; (2) "Bona fide ro…

Rule 12:10:03:02 Application for permit. 12:10:03:02. Application for permit. A bona fide rodeo producer who is an owner of rodeo stock may apply to the board for a rodeo stock transportation permit on forms approved by the board. Source: 40 SDR 125, effective January 9, 2014. Ge…

Rule 12:10:03:03 Permit fee. 12:10:03:03. Permit fee. The annual fee for the permit is one hundred dollars. Source: 40 SDR 125, effective January 9, 2014. General Authority: SDCL 40-18-16, 40-20-4.4. Law Implemented: SDCL 40-20-4.4.

Rule 12:10:03:04 Eligibility. 12:10:03:04. Eligibility. The applicant must personally appear before the board. The board may approve an application for a rodeo stock transportation permit if it finds that: (1) The applicant is a bona fide rodeo producer; (2) The applicant is the …

Rule 12:10:03:05 Permit. 12:10:03:05. Permit. After an application is approved by the board, the rodeo stock transportation permit is effective upon: (1) An ownership inspection of the rodeo stock; (2) Documentation by the inspector of the additional means of permanent, individua…

Rule 12:10:03:06 Amendment of permit. 12:10:03:06. Amendment of permit. Rodeo stock may be added to a permit upon completion of an ownership inspection, documentation by the inspector of the additional means of permanent, individual identification of the rodeo stock, and payment …

Rule 12:10:03:07 Random inspection. 12:10:03:07. Random inspection. No ownership inspection fee may be charged for a random inspection of rodeo stock unless the brand inspector determines that the rodeo stock does not match those listed in the inspection certificates attached to …

Rule 12:10:03:08 Renewal. 12:10:03:08. Renewal. A rodeo stock transportation permit may be renewed by submitting an application for renewal on a form approved by the board. The permit renewal is effective upon: (1) An ownership inspection of the rodeo stock; (2) Documentation by …

12:10:03:09. Revocation of permit. The board may revoke a rodeo stock transportation permit for conduct that constitutes a violation of the ownership inspection laws, violation of the conditions described in the permit, failure or refusal to pay the fee for the permit or the insp…

Rule 12:11:01:01 Definitions. 12:11:01:01. Definitions. Terms defined in SDCL 39-8-1 have the same meaning when used in this article. For the purposes of this article: (1) "Cleaned in place" means the procedure by which sanitary pipelines or pieces of dairy equipment are mechanic…

Rule 12:11:01:01.01 Frozen dairy dessert mix defined. 12:11:01:01.01. Frozen dairy dessert mix defined. Frozen dairy dessert mix is the unfrozen liquid product which is used in the manufacture of frozen dairy desserts, including ice cream mix, low fat ice cream mix, ice milk mix,…

Rule 12:11:01:01.02 Ice cream mix defined. 12:11:01:01.02. Ice cream mix defined. Ice cream mix is the unfrozen liquid product used in the manufacture of ice cream. Ice cream mix must contain a minimum of 10 percent milk fat and a minimum of 35.6 percent total food solids. Ice cr…

Rule 12:11:01:01.03 Ice milk mix defined. 12:11:01:01.03. Ice milk mix/low fat ice cream mix defined. Ice milk mix/low fat ice cream mix is the unfrozen liquid product used in the manufacture of soft-serve ice milk and frozen milk shakes. Ice milk mix/low fat ice cream mix must c…

Rule 12:11:01:01.04 Ice milk shake mix defined. 12:11:01:01.04. Ice milk shake mix defined. Ice milk shake mix is the unfrozen liquid product used in the manufacture of frozen milk shakes. Ice milk shake mix must contain a minimum of 2 percent milk fat but not more than 7 percent…

Rule 12:11:01:01.05 Frozen milk shake defined. 12:11:01:01.05. Frozen milk shake defined. Frozen milk shake is the semifrozen dessert produced from ice milk mix or ice milk shake mix. Frozen milk shake must contain a minimum of 2 percent milk fat but not more than 7 percent milk …

Rule 12:11:01:01.06 Frozen yogurt defined 12:11:01:01.06. Frozen yogurt defined. Frozen yogurt, lowfat frozen yogurt, and nonfat frozen yogurt are frozen dairy products made from milk, with or without added solids, flavoring fruits, or seasoning, which has been pasteurized and af…

Rule 12:11:01:02 Standards of identity and label statements for frozen dairy desserts. 12:11:01:02. Standards of identity and label statements for frozen dairy desserts. Frozen dairy desserts must comply with the following standards of identity and label statements: (1) Ice cream…

Rule 12:11:01:03 Quality standards for pasteurized dairy ingredients, mix, or frozen dairy desserts. 12:11:01:03. Quality standards for pasteurized dairy ingredients, mix, or frozen dairy desserts. At no time after pasteurization may frozen dairy desserts, frozen dairy dessert mi…

Rule 12:11:01:04 Procedures for testing compliance of product with standards of identity and quality. 12:11:01:04. Procedures for testing compliance of product with standards of identity and quality. The procedures used in testing and examining frozen dairy desserts and frozen da…

Rule 12:11:01:05 Frozen dairy dessert sampling. 12:11:01:05. Frozen dairy dessert sampling. Samples of frozen dairy desserts from retail stores, food service establishment, grocery stores, and other places where frozen dairy desserts are sold shall be examined as determined by th…

Rule 12:11:02:01 Premises. 12:11:02:01. Premises. The plant area and surrounding shall be kept clean, orderly, and free from refuse and rubbish, smoke, dust and air pollution, and strong or foul odors. A drainage system shall be provided for rapid drainage of all water from plant…

Rule 12:11:02:02 Building construction and maintenance. 12:11:02:02. Building construction and maintenance. Buildings shall be of sound construction. The exterior and interior shall be kept clean and in good repair to protect against dust, dirt, and mold and to prevent the entran…

Rule 12:11:02:03 Protection of building openings. 12:11:02:03. Protection of building openings. Outside doors, windows, skylights, and transoms shall be screened or otherwise covered. Outside doors shall open outward and be self-closing and those leading to processing rooms shall…

Rule 12:11:02:04 Processing rooms separated from other rooms. 12:11:02:04. Processing rooms separated from other rooms. All rooms, compartments, coolers, freezers, and dry storage space in which any raw material, packaging, ingredient supplies, or finished products are handled, p…

Rule 12:11:02:05 Department to approve plans for new or remodeling of plant. 12:11:02:05. Department to approve plans for new or remodeling of plant. Plans for new plant construction or major remodeling of existing plants shall be submitted to the department for approval prior to…

Rule 12:11:02:06 Interior finishing. 12:11:02:06. Interior finishing. The interior finishing including the walls, ceilings, partitions, and posts of all rooms in which milk or dairy products are received, handled, or processed and where mix and frozen dairy desserts are manufactu…

Rule 12:11:02:07 Ventilation and lighting. 12:11:02:07. Ventilation and lighting. All rooms and compartments, including storage space, toilet, and dressing rooms, shall be ventilated to maintain sanitary conditions, prevent undue condensation of water vapor, and minimize or elimi…

Rule 12:11:02:08 Water supply. 12:11:02:08. Water supply. Both hot and cold water of safe and sanitary quality shall be available in sufficient quantity for all plant operations and facilities. Water from other lines, when officially approved, may be used for boiler feed water an…

Rule 12:11:02:09 Steam. 12:11:02:09. Steam. Steam shall be supplied in sufficient volume and pressure for satisfactory operation of each applicable piece of equipment. Steam that may come into direct contact with milk or dairy products shall be culinary steam conducted through a …