South Dakota Administrative Code

Rule 12:11:02:10 Disposal of wastes. 12:11:02:10. Disposal of wastes. The plant sewage system shall have sufficient slope and capacity to remove readily all waste from processing operations. Where a public sewer is not available, wastes shall be disposed of by an approved method.…

Rule 12:11:02:11 Construction of equipment and utensils. 12:11:02:11. Construction of equipment and utensils. Equipment and utensils coming in contact with milk, dairy products, mix, or frozen dairy desserts, including sanitary pumps, piping, fittings, and connections, must be co…

Rule 12:11:02:12 Installation of equipment. 12:11:02:12. Installation of equipment. All equipment and piping must be designed and installed so as to be easily accessible for cleaning and must be kept in good repair and free from cracks and corroded surfaces. Milk pumps shall be o…

Rule 12:11:02:13 Pasteurization equipment. 12:11:02:13. Pasteurization equipment. High temperature short time pasteurizers must be equipped with an automatic flow diversion valve, timing pump or device, temperature recorder and holding tube or its equivalent, to assure complete p…

Rule 12:11:02:14 Thermometer accuracy. 12:11:02:14. Thermometer accuracy. 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 produ…

Rule 12:11:02:15 Cleaning and sanitizing. 12:11:02:15. Cleaning and sanitizing. 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 cont…

Rule 12:11:02:16 Cleaning equipment not designed for in-place cleaning. 12:11:02:16. Cleaning equipment not designed for in-place cleaning. Equipment not designed for cleaned-in-place cleaning shall be disassembled daily and thoroughly cleaned. Dairy cleansers, wetting agents, de…

Rule 12:11:02:17 Cleaned-in-place method of cleaning equipment. 12:11:02:17. Cleaned-in-place method of cleaning equipment. Cleaned-in-place cleaning may be used only on equipment and pipeline systems that are designed and engineered for that purpose. Installation and cleaning pr…

Rule 12:11:02:18 Storage of utensils and portable equipment. 12:11:02:18. Storage of utensils and portable equipment. 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 cons…

Rule 12:11:02:19 Storage of nonrefrigerated products. 12:11:02:19. Storage of nonrefrigerated products. 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 accessib…

Rule 12:11:02:20 Storage of supplies. 12:11:02:20. Storage of supplies. 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 labe…

Rule 12:11:02:21 Pasteurization and recorder charts to be on file. 12:11:02:21. Pasteurization and recorder charts to be on file. 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 …

Rule 12:11:02:22 Vehicles used in transporting of frozen dairy desserts. 12:11:02:22. Vehicles used in transporting of frozen dairy desserts. All vehicles used for the transportation of mix, frozen dairy desserts, cream, milk. and dairy products shall be constructed and operated …

Rule 12:11:02:23 Personnel cleanliness. 12:11:02:23. Personnel cleanliness. 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 …

Rule 12:11:02:24 Health of personnel. 12:11:02:24. Health of personnel. 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 t…

Rule 12:11:03:01 Pasteurization of frozen dairy dessert mix. 12:11:03:01. Pasteurization of frozen dairy dessert mix. After formulation of an entire mix, except for flavoring ingredients, the mix shall be pasteurized. This pasteurization requirement does not apply to dry powder m…

Rule 12:11:03:02 Cooling. 12:11:03:02. Cooling. 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. …

Rule 12:11:03:03 Container and packaging materials. 12:11:03:03. Container and packaging materials. 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, closu…

Rule 12:11:03:04 Labeling. 12:11:03:04. Labeling. 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). Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 19…

Rule 12:11:03:05 Contents of broken or opened containers not reusable. 12:11:03:05. Contents of broken or opened containers not reusable. Disposition of returned frozen dairy dessert containers and contents to plant is as follows: (1) Mix or frozen dairy desserts in broken, opene…

Rule 12:11:04:01 Minimum requirements. 12:11:04:01. Minimum requirements. The production, transportation, processing, handling, sampling, examination, grading, labeling, and sale of all frozen dairy desserts must be regulated in accordance with the provisions of the 3A Sanitary S…

Rule 12:11:04:02 Official tests. 12:11:04:02. Official tests. Tests performed pursuant to this title must be performed by official laboratories and must be approved by the department of agriculture andnatural resources and in accordance with Standard Methods for the Examination o…

Rule 12:12:02:01 Definitions. 12:12:02:01. Definitions. 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 pr…

Rule 12:12:02:02 Complaints and inspections. 12:12:02:02. Complaints and inspections. 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 …

Rule 12:12:02:03 Determination of abandonment. 12:12:02:03. Determination of abandonment. 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 t…

Rule 12:12:02:04 Minimum treatment standard. 12:12:02:04. Minimum treatment standard. 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 …

Rule 12:12:02:05 Piled logging slash standard. 12:12:02:05. Piled logging slash standard. 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 …

Rule 12:12:02:06 Prescribed burning standard. 12:12:02:06. Prescribed burning standard. 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, …

Rule 12:12:02:07 Minimum safety zones. 12:12:02:07. Minimum safety zones. 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…

Rule 12:13:01:01 Definitions. 12:13:01:01. Definitions. 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,…

Rule 12:13:01:02 Obtaining a declaratory ruling. 12:13:01:02. Obtaining a declaratory ruling. 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 p…

Rule 12:13:01:03 Commission action on petition. 12:13:01:03. Commission action on petition. 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 f…

Rule 12:13:02:01 Collection of fee -- Record of assessment. 12:13:02:01. Collection of fee -- Record of assessment. 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'…

Rule 12:13:02:02 Repealed. 12:13:02:02. Fee invoice.Repealed. Source: 12 SDR 55, effective October 6, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 16 SDR 220, effective July 1, 1990.

Rule 12:13:02:03 Quarterly reports and remittance. 12:13:02:03. Quarterly reports and remittance. 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 m…

Rule 12:13:03:01 Fee record on wheat sold out-of-state. 12:13:03:01. Fee record on wheat sold out-of-state. 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…

Rule 12:13:03:02 Filing of fee report on wheat sold out-of-state. 12:13:03:02. Filing of fee report on wheat sold out-of-state. 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 …

Rule 12:13:03:03 Fee agreement by out-of-state purchasers. 12:13:03:03. Fee agreement by out-of-state purchasers. 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…

Rule 12:13:04:01 Fee refund application form. 12:13:04:01. Fee refund application form. 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) T…

Rule 12:13:04:02 Request for application form. 12:13:04:02. Request for application form. 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 th…

Rule 12:13:04:03 Refund of fee. 12:13:04:03. Refund of fee. 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…

Rule 12:13:04:04 Notice of rejection. 12:13:04:04. Notice of rejection. 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 n…

Rule 12:13:05:01 Assessment of delinquent fee. 12:13:05:01. Assessment of delinquent fee. 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 gr…

Rule 12:13:05:02 Notice of delinquent fee. 12:13:05:02. Notice of delinquent fee. 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. Th…

Rule 12:13:05:03 Hearing request. 12:13:05:03. Hearing request. 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…

Rule 12:13:05:04 Commission decision. 12:13:05:04. Commission decision. 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 growe…

Rule 12:14:01:01 Definition of terms. 12:14:01:01. Definition of terms. 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 …

Rule 12:14:01:02 Grade statement on label. 12:14:01:02. Grade statement on label. 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 …

Rule 12:14:01:03 Grades set by official grader. 12:14:01:03. Grades set by official grader. The secretary shall appoint an official butter grader for the state who shall determine the grade of any butter. Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986…

Rule 12:14:01:04 Grade AA specifications. 12:14:01:04. Grade AA specifications. 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 …