South Dakota Administrative Code

Rule 12:79:03:09 Licensed processor requirements. 12:79:03:09. Licensed processor requirements. Each licensed processor shall meet the following requirements: (1) A licensed processor shall be located in, and all processing of the beef products shall be done within the borders of…

Rule 12:79:03:10 Licensed marketer requirements. 12:79:03:10. Licensed marketer requirements. Each licensed marketer shall meet the following requirements: (1) All beef product marketed by the licensed marketer that bears the certification mark must comply with all beef program o…

Rule 12:79:04:01 Marbling. CHAPTER 12:79:04 12:79:04:01. Marbling. Beef product bearing the certification mark may be certified as either tier one or tier two. Once beef product qualifies for certification as either tier one or tier two, it may bear the certification mark and be …

Rule 12:79:04:02 Quality enhancement techniques. CHAPTER 12:79:04 12:79:04:02. Quality enhancement techniques. Each licensed processor shall employ at least one of the following enhancement techniques on all beef product certified as tier one or tier two: (1) A minimum of 14 days…

Rule 12:79:05:01 General. 12:79:05:01. General. The licensee shall, as applicable, maintain a record of audits, corrective actions, inspections, product sample, required licenses and permits, suspensions and terminations, a copy of the licensee's BQA/CMP certificate and BQA/CMP M…

Rule 12:79:05:02 Records retention. CHAPTER 12:79:04 12:79:05:02. Records retention. Records shall be kept on forms prescribed or approved by, and contain all information required by, the commissioner. Records shall be available for inspection during normal business hours by the …

Rule 12:79:06:01 Inspections and audits. 12:79:06:01. Inspections and audits. The licensee shall submit to verifiable address and records inspections and audits to insure compliance with applicable program requirements, including any random, follow-up, unannounced or other inspec…

Rule 12:79:06:02 Sampling. CHAPTER 12:79:06 12:79:06:02. Sampling. At least quarterly, beef product samples will be collected by the commissioner and tested for compliance with the requirements of this article and the license agreement. Sampling frequency will be determined by th…

Rule 12:79:06:03 Inspectors and auditors. CHAPTER 12:79:06 12:79:06:03. Inspectors and auditors. Inspectors and auditors may have no financial interest in any licensee, the certified enrolled cattle, or beef product to which their inspections or audits apply. Auditors may not aud…

Rule 12:79:06:04 Feed sampling. CHAPTER 12:79:06 12:79:06:04. Feed sampling. Feed samples may be collected to determine whether cattle enrolled in the natural enrolled cattle program are being fed in conformity with the rules of that program. Sampling frequency is determined by t…

Rule 12:79:07:01 License fee. 12:79:07:01. License fee. License fees shall be paid annually by the licensee as follows: (1) The initial licensing fee shall be paid at the time the license agreement is signed. The initial licensing fee for marketers is $0; the initial licensing fe…

Rule 12:79:07:02 Cost of inspection. CHAPTER 12:79:06 12:79:07:02. Cost of inspection. There is no charge for the initial inspection for marketers, producers, and processors. There is no fee for each subsequent inspection of a producer. The fee for each subsequent inspection of a…

Rule 12:79:07:03 Cost of audit. CHAPTER 12:79:06 12:79:07:03. Cost of audit. There is no charge for one audit per year of licensed marketers, producers, and processors. There is no charge for more than one audit per year for producers. For each additional audit per year of a lice…

Rule 12:79:07:04 Product sampling fee. CHAPTER 12:79:06 12:79:07:04. Product sampling fee. The licensee shall pay a product sampling fee of $15 per sample to the commissioner at the time the sample results are made available to the licensee. The licensed processor is not entitled…

Rule 12:79:07:05 Other corrective action costs. CHAPTER 12:79:06 12:79:07:05. Other corrective action costs. The licensee shall pay the costs of any training, equipment, testing, or other corrective actions required by the commissioner to the provider or supplier of services. Sou…

Rule 12:79:07:06 Cost of enrollment. 12:79:07:06. Cost of enrollment. The administrative fee for the cost of enrolling eligible cattle into the data management system is $.50 per head. Source: 32 SDR 31, effective August 29, 2005; 33 SDR 10, effective August 3, 2006; SL 2019, ch …

Rule 12:79:07:07 Transfer fee. 12:79:07:07. Transfer fee. The fee for reporting the transfer of physical possession of enrolled cattle within the data management system is $.50 per head, to be paid by the transferee. Source: 32 SDR 31, effective August 29, 2005; 33 SDR 10, effect…

Rule 12:79:07:08 Harvest fee. 12:79:07:08. Harvest fee. Each licensed processor shall remit monthly a harvest fee of one dollar per processed carcass if the carcass or any processed products of the carcass will be marketed or sold as SOUTH DAKOTA CERTIFIEDTM beef or SOUTH DAKOTA …

Rule 12:79:07:09 Fees paid into fund. 12:79:07:09. Fees paid into fund. All fees paid to the commissioner by licensees shall be deposited into the fund. Source: 33 SDR 10, effective August 3, 2006; SL 2019, ch 235, § 37 and 38, effective April 14, 2019. General Authority: SDCL 1-…

Rule 12:79:08:01 Corrective action. 12:79:08:01. Corrective action. The commissioner may require the licensee to take corrective action within the time specified by the commissioner. Source: 32 SDR 31, effective August 29, 2005; SL 2019, ch 235, § 37 and 38, effective April 14, 2…

Rule 12:79:08:02 Removal of animal from database. 12:79:08:02. Removal of animal from database. The commissioner may remove certified enrolled cattle from any program if the commissioner finds that the animal is not in compliance with the applicable standards and requirements of …

Rule 12:79:08:03 Suspension of use of certification mark or marks. 12:79:08:03. Suspension of use of certification mark or marks. The commissioner may suspend the right to place or use the certification mark or any other proprietary marks belonging to the State of South Dakota on…

Rule 12:79:08:04 Grounds for suspension of license. 12:79:08:04. Grounds for suspension of license. The commissioner may suspend a license for cause, including: (1) Failure to maintain records as required by this article; (2) Failure to allow or provide for access for the commiss…

Rule 12:79:08:05 Grounds for termination of license. 12:79:08:05. Grounds for termination of license. The commissioner may terminate a license for cause, including: (1) Failure to complete a corrective action within the time specified in writing by the commissioner; (2) Failure t…

Rule 12:79:08:06 Procedure for suspension or termination. 12:79:08:06. Procedure for suspension or termination. If the commissioner determines that cause exists to suspend or terminate a license, the commissioner may serve upon the licensee a notice of intent to take such action …

Rule 12:79:08:07 Summary suspension. 12:79:08:07. Summary suspension. If the commissioner finds that the acts or omissions of the licensee in violation of the act, this article, or the licensing agreement have put the integrity of any program or the public health, safety, or welf…

Rule 12:79:08:08 Procedure after summary suspension. 12:79:08:08. Procedure after summary suspension. Upon entry of an order for summary suspension, proceedings for suspension or termination pursuant to this chapter shall be promptly instituted and determined. Source: 32 SDR 31, …

Rule 12:79:08:09 Other remedies available. 12:79:08:09. Other remedies available. The commencement of suspension or termination proceedings under this chapter does not preclude the commissioner from pursuing other or different remedies, including the commencement of a civil proce…

Rule 12:79:09:01 Petition. CHAPTER 12:79:09 12:79:09:01. Petition. A licensee aggrieved by the action of the commissioner to require corrective action, to remove an animal from any program, or to prohibit use of the proprietary rights for the transfer, sale, or distribution of an…

Rule 12:79:10:01 Certified natural feeder cattle. 12:79:10:01. Certified natural feeder cattle. A licensed producer who enrolls cattle and raises them in compliance with the requirements of §§ 12:79:03:01 to 12:79:03:06, inclusive, may by contract be granted permission to use the…

Rule 12:79:10:02 Certified natural finished cattle. CHAPTER 12:79:09 12:79:10:02. Certified natural finished cattle. Certified natural finished cattle are cattle that are produced in conformity with the requirements of §§ 12:79:03:01 to 12:79:03:08, inclusive, and also adhere to …

Rule 12:79:10:03 Natural beef product standards. CHAPTER 12:79:09 12:79:10:03. Natural beef product standards. In addition to meeting the standards for beef product in chapter 12:79:04, beef products may be certified as natural under the beef program if they also meet the followi…

Rule 12:80:01:01 Definitions. 12:80:01:01. Definitions. Terms defined in SDCL 38-34-1 have the same meaning when used in this article. In addition, as used in this article, the term, assessment on pulse crops, means the assessment imposed by SDCL 38-34-15 upon all dry peas, lenti…

Rule 12:80:01:02 Obtaining a declaratory ruling. 12:80:01:02. Obtaining a declaratory ruling. A person may request the council to issue a decision on the applicability of any statutory provision, rules, or order pertaining to a stated factual situation by submitting a written pet…

Rule 12:80:01:03 Council action on petition. 12:80:01:03. Council action on petition. Upon receipt of the petition, the council may request from the petitioner any additional information it may require for issuance of its ruling. Within 30 days following the receipt of the petiti…

Rule 12:80:01:04 Petition for contested case hearing. 12:80:01:04. Petition for contested case hearing. In a contested case, as defined in SDCL 1-26-1(2), concerning a refund or an assessment on pulse crops, a person aggrieved by an action of the council taken without a hearing m…

Rule 12:80:01:05 Notice of hearing. 12:80:01:05. Notice of hearing. At least 20 days before the date set by the council for hearing, the council shall serve by mail a copy of the notice of hearing upon the petitioner and other interested or affected parties. Source: 33 SDR 117, e…

Rule 12:80:02:01 Quarterly reports and remittances. 12:80:02:01. Quarterly reports and remittance. Each first purchaser shall submit a quarterly report to the council within 30 days after the end of each calendar quarter if pulse crops were purchased during the quarter. Each firs…

Rule 12:80:02:02 Assessment collection. 12:80:02:02. Assessment collection. A first purchaser shall collect the assessment on pulse crops from growers by deducting the assessment from the purchase price of an identifiable lot or quantity of pulse crop purchased by the first purch…

Rule 12:80:02:03 Record of assessment. 12:80:02:03. Record of assessment. The first purchaser shall keep a record of assessment for each pulse crop purchase that includes one percent of the net market value, the date, and the name of the seller. Source: 33 SDR 117, effective Janu…

Rule 12:80:03:01 Assessment refund application forms. 12:80:03:01. Assessment refund application forms. The applicant for a refund of an assessment on pulse crops shall be on a form provided by the council and shall contain the following information: (1) The date of the assessmen…

Rule 12:80:03:02 Request for application form. 12:80:03:02. Request for application form. A grower who has sold or expects to sell pulse crops subject to an assessment may request a refund application from the council. The council shall supply the application to the grower upon r…

Rule 12:80:03:03 Notice of rejection. 12:80:03:03. Notice of rejection. If the pulse council rejects a refund application because it does not meet one or more of the requirements of § 12:80:03:01, the pulse council shall return the application to the grower with a written notice …

Rule 12:80:04:01 Assessment of delinquent fee. 12:80:04:01. Assessment of delinquent fee. A delinquent fee may be assessed upon any purchaser who has failed to file a report of assessment on pulse crops or an assessment as required by chapter 12:80:02. The delinquent fee shall be…

Rule 12:80:04:02 Notice of delinquent assessment. 12:80:04:02. Notice of delinquent assessment. Any assessment on pulse crops that is not remitted as required by § 12:80:02:01 is delinquent. The council may, by certified mail, send a notice of delinquent assessment to the first p…

Rule 12:80:04:03 Hearing request. 12:80:04:03. Hearing request. A first purchaser who has received a notice of delinquent assessment may request, in writing, a hearing before the council. The request shall be filed with the council within ten days after receipt of the notice of d…

Rule 12:80:04:04 Hearing. 12:80:04:04. Hearing. The council shall hold a hearing in accordance with SDCL chapter 1-26 within 90 days after receiving a hearing notice that is in accordance with § 12:80:04:03. Source: 33 SDR 117, effective January 8, 2007. General Authority: SDCL 3…

Rule 12:80:04:05 Council decision. 12:80:04:05. Council decision. The council shall make a decision within 30 days after the hearing. The decision shall be in writing and shall be served on the first purchaser by certified mail. Source: 33 SDR 117, effective January 8, 2007. Gene…

Rule 12:80:05:01 Repealed. 12:80:05:01. Nomination of council member. Repealed. Source: 34 SDR 101, effective October 24, 2007; repealed, SL 2015, ch 204, § 53, effective July 1, 2015.

Rule 12:80:05:02 Repealed. 12:80:05:02. Qualifications of council members. Repealed. Source: 34 SDR 101, effective October 24, 2007; repealed, SL 2015, ch 204, § 54, effective July 1, 2015.