South Dakota Administrative Code

12:22:03:09. Review of financial status. Repealed. Source: 40 SDR 109, effective December 9, 2013; SL 2019, ch 235, § 37 and 38, effective April 14, 2019; 52 SDR 49, effective November 17, 2025.

12:22:03:10. Funding documents. Repealed. Source: 40 SDR 109, effective December 9, 2013; SL 2019, ch 235, § 37 and 38, effective April 14, 2019; 52 SDR 49, effective November 17, 2025.

12:22:03:11. Reporting. Repealed. Source: 40 SDR 109, effective December 9, 2013; SL 2019, ch 235, § 37 and 38, effective April 14, 2019; 52 SDR 49, effective November 17, 2025.

12:22:03:12. Inspection by the board and retention of records. Repealed. Source: 40 SDR 109, effective December 9, 2013; SL 2019, ch 235, § 37 and 38, effective April 14, 2019; 52 SDR 49, effective November 17, 2025.

12:22:03:13. Maturity and interest rate. Repealed. Source: 40 SDR 109, effective December 9, 2013; SL 2019, ch 235, § 37 and 38, effective April 14, 2019; 52 SDR 49, effective November 17, 2025.

12:22:03:14. Loan forgiveness. Repealed. Source: 40 SDR 109, effective December 9, 2013; SL 2019, ch 235, § 37 and 38, effective April 14, 2019; 52 SDR 49, effective November 17, 2025.

12:22:03:15. Default. Repealed. Source: 40 SDR 109, effective December 9, 2013; SL 2019, ch 235, § 37 and 38, effective April 14, 2019; 52 SDR 49, effective November 17, 2025.

12:22:03:16. Delegation of administrative functions. Repealed. Source: 40 SDR 109, effective December 9, 2013; SL 2019, ch 235, § 37 and 38, effective April 14, 2019; 52 SDR 49, effective November 17, 2025.

12:22:03:17. Official forms. Repealed. Source: 40 SDR 109, effective December 9, 2013; SL 2019, ch 235, § 37 and 38, effective April 14, 2019; 52 SDR 49, effective November 17, 2025.

12:22:03:18. Conflict of interest. Repealed. Source: 40 SDR 109, effective December 9, 2013; SL 2019, ch 235, § 37 and 38, effective April 14, 2019; 52 SDR 49, effective November 17, 2025.

12:22:03:19. Confidentiality. Repealed. Source: 40 SDR 109, effective December 9, 2013; SL 2019, ch 235, § 37 and 38, effective April 14, 2019; 52 SDR 49, effective November 17, 2025.

Rule 12:26:01:01 General definitions. 12:26:01:01. General definitions. Words defined in SDCL 39-11-1 have the same meaning when used in this article. In addition, terms used in this article mean: (1) "Container," a box, case, basket, carton, sack, bag, or other receptacle, wrapp…

Rule 12:26:01:02 Terms defining shell quality. 12:26:01:02. Terms defining shell quality. The following terms define shell quality in this article: (1) "Clean," a shell that is free from foreign material and from stains or discolorations that are readily visible. An egg may be co…

Rule 12:26:01:03 Terms defining air cell condition. 12:26:01:03. Terms defining air cell condition. The following terms define the condition of the air cell in determining the quality of individual eggs: (1) "Depth of air cell," the distance from the top of the air space between …

Rule 12:26:01:04 Terms defining condition of the white. 12:26:01:04. Terms defining condition of the white. The following terms define the condition of the white in determining the quality of individual eggs: (1) "Clear," a white that is free from discolorations or from any forei…

Rule 12:26:01:05 Terms defining yolk condition. 12:26:01:05. Terms defining yolk condition. The following terms define the condition of the yolk in determining the quality of individual eggs: (1) "Outline slightly defined," (AA quality) a yolk outline that is not distinctly indic…

Rule 12:26:02:01 Application for licenses. 12:26:02:01. Application for licenses. Application for licenses shall be made on forms provided by the secretary upon request. Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986. General Authority:SDCL 39-11-7. L…

Rule 12:26:02:02 Dealer licenses issued upon inspection and approval. 12:26:02:02. Dealer licenses issued upon inspection and approval. Class A and class B dealer licenses shall be issued by the secretary after inspection and approval of premises and equipment by an egg inspector…

Rule 12:26:02:03 Examination required for candler grader license. 12:26:02:03. Examination required for candler grader license. Candler grader licenses shall be issued to an applicant by the secretary after showing competence by the successful passing of an examination prescribed…

Rule 12:26:02:04 Dealer and candler grader licenses not transferrable. 12:26:02:04. Dealer and candler grader licenses not transferrable. No dealer and candler grader licenses may be transferred from one person to another, but the movement of the business of a licensee from one l…

Rule 12:26:02:05 Repealed. 12:26:02:05. Vehicle license -- Transfer.Repealed. Source: SL 1975, ch 16, § 1; repealed, 2 SDR 7, effective August 4, 1975.

Rule 12:26:02:06 Posting of licenses. 12:26:02:06. Posting of licenses. Dealer licenses shall be posted in a conspicuous place at the office in the place of business licensed. Candler grader licenses shall be posted in or adjacent to the work area. Source: SL 1975, ch 16, § 1; 2 …

Rule 12:26:02:07 Issuance of class B dealer license. 12:26:02:07. Issuance of class B dealer license. Class B dealers licenses shall be issued to wholesale dealers and dealers buying eggs from class A licensees. Source: 2 SDR 7, effective August 4, 1975; 12 SDR 128, 12 SDR 154, e…

Rule 12:26:02:08 Issuance of class A dealer license. 12:26:02:08. Issuance of class A dealer license. Class A dealer licenses shall be issued to set-in stations, buyers from producers only, and producers who pack eggs produced only by their own flock into South Dakota consumer gr…

Rule 12:26:03:01 Records to be furnished. 12:26:03:01. Records to be furnished. Each person selling eggs to retailers and institutional consumers shall furnish the buyer an invoice showing his name and address, the date delivered, the number of eggs delivered, and the grade and w…

Rule 12:26:04:01 Plant requirements. 12:26:04:01. Plant requirements. Buildings housing egg grading and packing establishments shall meet the following requirements: (1) Be of sound construction so as to prevent, insofar as practicable, the entrance or harboring of vermin; (2) Ha…

Rule 12:26:04:02 Grading room requirements. 12:26:04:02. Grading room requirements. The grading room in egg grading and packing establishments shall be adequately darkened to make possible accurate quality determination of the candled appearance of eggs. There shall be no crossbe…

Rule 12:26:04:03 Equipment requirements. 12:26:04:03. Equipment requirements. Candling benches in egg grading and packing establishments shall be constructed to permit cleaning and provide ample shelf space for convenient placement of the different grades to be packed. The candli…

Rule 12:26:04:04 Egg cleaning equipment. 12:26:04:04. Egg cleaning equipment. Shell egg cleaning equipment shall be kept in good repair and shall be cleaned after each day's use or more frequently if necessary. Source: 2 SDR 7, effective August 4, 1975; 12 SDR 128, 12 SDR 154, ef…

Rule 12:26:05:01 Candling equipment. 12:26:05:01. Candling equipment. Eggs may be candled by hand or by mechanical device. The hand candler or machine shall be designed to enable the candler to examine the eggs for interior and exterior quality. Source: SL 1975, ch 16, § 1; 12 SD…

Rule 12:26:05:02 Candling methods. 12:26:05:02. Candling methods. Candling methods shall use a manual or mechanical technique that enables the person candling to observe the individual egg for the interior and exterior quality factors set forth in chapter 12:26:07 of these rules.…

Rule 12:26:06:01 Egg storage requirements. 12:26:06:01. Egg storage requirements. Eggs awaiting shipment from the dealer for shell egg consumption shall be stored at a temperature below 45 degrees Fahrenheit in a place that is well ventilated, clean, and free from products giving…

Rule 12:26:06:02 Egg packing materials requirements. 12:26:06:02. Egg packing materials requirements. All egg cases shall be clean and well constructed. Only clean, sound, dry flats and fillers and new cartons may be used. All eggs cases for institutional consumers shall have top…

Rule 12:26:06:03 Repealed. 12:26:06:03. Egg holding temperature requirements for egg dealers.Repealed. Source: SL 1975, ch 16, § 1; repealed, 2 SDR 7, effective August 4, 1975.

Rule 12:26:06:04 Egg holding temperature requirements for retailers and institutional consumers. 12:26:06:04. Egg holding temperature requirements for retailers and institutional consumers. All eggs held for sale by retailers or held for use by institutional consumers shall be st…

Rule 12:26:06:05 Transportation requirements for shell eggs. 12:26:06:05. Transportation requirements for shell eggs. Eggs for shell egg consumption shall be transported in enclosed vehicles. Internal egg temperatures shall be kept constant at or below 50 degrees Fahrenheit durin…

Rule 12:26:06:06 Transferred. 12:26:06:06. Transferred to § 12:26:06:05.

Rule 12:26:07:01 AA quality factors. 12:26:07:01. AA quality factors. An egg of AA quality shall meet the following quality factors: (1) The shell shall be clean, unbroken, and practically normal; (2) The air cell shall not exceed one-eighth inch in depth, may show unlimited move…

Rule 12:26:07:02 A quality factors. 12:26:07:02. A quality factors. An egg of A quality shall meet the following quality factors: (1) The shell shall be clean, unbroken, and practically normal; (2) The air cell shall not exceed three-sixteenth inch in depth, may show unlimited mo…

Rule 12:26:07:03 Repealed. 12:26:07:03. B quality factors.Repealed. Source: SL 1975, ch 16, § 1; repealed, 8 SDR 89, effective January 24, 1982.

Rule 12:26:07:04 B quality factors. 12:26:07:04. B quality factors. An egg of B quality shall meet the following quality factors: (1) The shell shall be unbroken, may be abnormal, and may have slightly stained areas; (2) The shell may contain moderately stained areas if they do n…

Rule 12:26:07:05 Factors determining a dirty egg. 12:26:07:05. Factors determining a dirty egg. To be classified as dirty, an egg shell shall be unbroken and it shall have adhering dirt or foreign material, prominent stains, or moderate stains covering more than one-thirty-second…

Rule 12:26:07:06 Factors determining a check egg. 12:26:07:06. Factors determining a check egg. To be classified as a check, an individual egg shall have a broken shell or a crack in the shell but with the shell membranes intact and its contents not leaking. A check is lower in q…

Rule 12:26:08:01 South Dakota consumer grade AA at origin. 12:26:08:01. South Dakota consumer Grade AA at origin. South Dakota consumer Grade AA at origin shall consist of eggs which are at least 87 percent AA quality. The maximum tolerance of 13 percent which may be below AA qua…

Rule 12:26:08:02 South Dakota consumer grade AA at destination. 12:26:08:02. South Dakota consumer Grade AA at destination. South Dakota consumer Grade AA at destination shall consist of eggs which are at least 72 percent AA quality. The maximum tolerance of 28 percent which may …

Rule 12:26:08:03 South Dakota consumer grade A at origin. 12:26:08:03. South Dakota consumer Grade A at origin. South Dakota consumer Grade A at origin shall consist of eggs which are 87 percent A quality or better. Within the maximum tolerance of 13 percent which may be below A …

Rule 12:26:08:04 South Dakota consumer grade A at destination. 12:26:08:04. South Dakota consumer Grade A at destination. South Dakota consumer Grade A at destination shall consist of eggs which are at least 82 percent A quality or better. Within the maximum tolerance of 18 perce…

Rule 12:26:08:05 South Dakota consumer grade B at origin. 12:26:08:05. South Dakota consumer Grade B at origin. South Dakota consumer Grade B at origin shall consist of eggs which are 90 percent B quality or better. Within the maximum tolerance of 10 percent which may be below B …

Rule 12:26:08:06 South Dakota consumer grade B at destination. 12:26:08:06. South Dakota consumer Grade B at destination. South Dakota consumer Grade B at destination shall consist of eggs which are 90 percent B quality or better. Within the maximum tolerance of 10 percent which …

Rule 12:26:08:07 Repealed. 12:26:08:07. Identification of graded eggs.Repealed. Source: SL 1975, ch 16, § 1; repealed, 2 SDR 7, effective August 4, 1975.