S.D. Admin. R. 12:26:01:01

Current through Register Vol. 51, page 67, December 16, 2024

Section 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, wrapper, or cover;

(2) "Destination," the point other than origin where graded eggs are stored, such as a warehouse, or offered or exposed for sale, such as a retail store;

(3) "Egg inspector," a state employee or official who is authorized by the secretary to perform inspections pursuant to this article;

(4) "Haugh unit," a measurement of interior egg quality based on albumin height near the yolk of a broken-out egg in relation to the weight in grams of the egg;

(5) "Inedible eggs," black rots, yellow rots, white rots, mixed rots (addled eggs), sour eggs, eggs with green whites, eggs with stuck yolks, moldy eggs, musty eggs, eggs showing blood rings, eggs containing embryo chicks (at or beyond the blood ring stage), and any eggs that are adulterated as defined in #1033 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.A. #1033;

(6) "Leaker," an individual egg that has a crack or break in the shell and shell membranes to the extent that the egg contents are exuding or free to exude through the shell;

(7) "Loss," an egg that is inedible, smashed, or broken or with contents that are leaking, cooked, frozen, or contaminated or contain bloody whites, large blood spots, large meat spots, or other foreign material;

(8) "Origin," the point at which eggs are graded and packed according to quality and weight standards;

(9) "Potable water," water that has been approved by the department of environment and natural resources as safe for drinking;

(10) "Producers," poultry raisers, farmers, and other individuals and firms producing eggs for sale;

(11) "Undergrade eggs," eggs from which the AA, A, or B quality eggs have been removed;

(12) "Nest run eggs," eggs which are packed as they come from the production facilities without having been washed, sized, or candled for quality, with the exception that some checks, dirties, or other obvious undergrades may have been removed at the time of gathering;

(13) "Retail store," a place of business that offers for sale shell eggs;

(14) "Wholesale dealer," a person buying eggs from producers, truckers, or other wholesalers and selling South Dakota consumer grades or their equivalent to retailers, institutional consumers, or other wholesalers in lots greater than three cases or ninety dozen;

(15) "Loose pack," eggs offered for sale that are not covered or in an enclosed carton.

S.D. Admin. R. 12:26:01:01

SL 1975, ch 16, § 1; 2 SDR 7, effective 8/4/1975; 8 SDR 89, effective 1/24/1982; 12 SDR 128, 12 SDR 154, effective 7/1/1986; 17 SDR 122, effective 2/24/1991; SL 2021, ch 1, §§8, 19, effective 4/19/2021.

General Authority: SDCL 39-11-7.

Law Implemented: SDCL 39-11-7.