S.D. Admin. R. 12:79:01:01

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

Section 12:79:01:01 - Definitions

Terms defined in SDCL titles 38, 39, and 40 have the same meaning when used in this article. Other terms used in this article mean:

(1) "Animal Industry Board," the Animal Industry Board continued by SDCL 40-3-1;

(2) "Antibiotic drug," any compound or family of compounds, either naturally or artificially produced, that are administered at subtherapeutic or therapeutic levels, which kill or inhibit the growth of bacteria within the body, including penicillins, cephalosporins, aminoglycosides, sulfonamides, fluoroquinolones, florfinicol, macrolides, tetracyclines, and ionophores;

(3) "Backfat," backfat on a carcass that is evaluated in terms of the thickness of this fat over the ribeye muscle exposed between the twelfth and thirteenth ribs, measured perpendicular to the outside surface at a point three-fourths of the length of the ribeye from its chine bone end. This measurement may be adjusted, as necessary, to reflect unusual amounts of fat on other parts of the carcass;

(4) "Beef product," edible muscle tissue produced from the harvesting and processing of certified finished cattle or certified natural finished cattle;

(5) "Beef program," the SOUTH DAKOTA CERTIFIED^TM beef program created by SDCL chapter 39-24 and this article;

(6) "Blood splashed," meat showing evidence of rupture of capillaries in fat and muscle due to short-term violent excitement;

(7) "BQA/CMP manual," the Beef Quality Assurance/Critical Management Plan program manual produced by the South Dakota Beef Industry Council, 316 South Coteau, Pierre, SD.

(8) "BQA/CMP certificate," the Beef Quality Assurance/Critical Management Plan Certificate issued by the South Dakota Beef Industry Council, 316 South Coteau, Pierre, SD;

(9) "Carcass defects," traits that decrease the value of a beef carcass by decreasing the palatability, or decreasing consumer acceptance of appearance;

(10) "Certification mark," the certification mark as depicted in U.S. Trademark Serial Number 78/526958, alone or in conjunction with a tradename as provided in § 12:79:04:01;

(11) "Certified enrolled cattle," certified feeder cattle, certified finished cattle, certified natural feeder cattle, and certified natural finished cattle as defined in this section;

(12) "Certified feeder cattle," live cattle that are born and raised within the State of South Dakota in conformity with the requirements of the enrolled cattle program and the license agreement;

(13) "Certified finished cattle," certified feeder cattle that are fed within the State of South Dakota in conformity with the requirements of § 12:79:03:08 and the license agreement;

(14) "Certified natural feeder cattle," live cattle that are born and raised in conformity with §§ 12:79:03:01 to 12:79:03:06, inclusive, and are also raised in conformity with the requirements of the natural program in § 12:79:10:01 and the license agreement;

(15) "Certified natural finished cattle," certified natural feeder cattle that are produced in conformity with the natural program in § 12:79:10:02 and the license agreement;

(16) "Corrective action," the action required of a licensee by the secretary to come into compliance with the requirements of any program and the license agreement;

(17) "Dark cutters," carcasses or parts of carcasses showing evidence of dark red to dark brown tissue coloring resulting from long-term or intermediate-term glycogen depletion caused by stress to the living animal;

(18) "Data management system," the electronic internet-based system designated by the secretary for use in submitting reports required by this article and the license agreement;

(19) "Department," the Department of Agriculture;

(20) "Distiller's grain," the corn byproduct from corn-to-ethanol production;

(21) "Electronic ear tag," a radio frequency identification ear tag that contains a fifteen digit unique identification number for each animal and which is used by producers to identify certified enrolled cattle;

(22) "Enrolled cattle program," the SOUTH DAKOTA CERTIFIED ENROLLED CATTLE^TM program created by this article;

(23) "Fund," the South Dakota Certified Beef Fund created by SDCL 39-24-10;

(24) "HACCP," the Hazard Analysis and Critical Control Point plan developed by processors pursuant to 9 C.F.R. Ch. III (January 1, 2005) or as required by the meat inspection program;

(25) "Heifer," female bovine that has not produced offspring;

(26) "Hormone," all exogenous estrogenic and androgenic growth promoting hormones including the active ingredients of zeranol, estradiol, progesterone, testosterone, trenbolone acetate, and melengestrol acetate and all exogenous reproductive hormones including progesterone, prostaglandin (PGF_2A), gonadotropin releasing hormone (GnRH), follicle stimulating hormone (FSH), and luteinizing hormone (LH);

(27) "Hot carcass weight," the weight of a carcass measured before the carcass is chilled. Carcass is defined as the beef animal following slaughter with the hide, head, feet, tail, and internal organs, except the kidneys, removed;

(28) "License," a marketer license, producer license, or a processor license;

(29) "Licensee," a marketer, producer, or processor who has met all requirements for participation in any program and has entered into a valid license agreement signed by the secretary;

(30) "License agreement," a written agreement between the department and a participant in any program that sets forth the terms and conditions under which the applicant is granted permission to use the proprietary rights as specified in the agreement;

(31) "Licensed marketer," a marketer who meets the requirements of § 12:79:03:10 and has entered into a valid license agreement signed by the secretary;

(32) "Licensed processor," a processor who meets the requirements of § 12:79:03:09 and has a current and valid license agreement signed by the secretary;

(33) "Licensed producer," a producer who has a verifiable address, that meets the requirements of § 12:79:03:05, and has a current and valid license agreement signed by the secretary;

(34) "Marbling score," a description of the amount, distribution, and texture of intramuscular fat found in the longissimus muscle that was exposed between the twelfth and thirteenth rib of a beef carcass. The degrees of marbling referenced in the specifications, in order of descending quantity are: slightly abundant, moderate, modest, small, slight, traces, and practically devoid;

(35) "Marketer," a person who raises certified enrolled cattle or purchases certified enrolled finished cattle before harvest, contracts to have them processed by a licensed processor and then markets the resulting beef product to wholesalers, retailers, or the public; or a person who purchases beef product processed by a licensed processor and markets the beef product to wholesalers, retailers, or the public; or a person who purchases certified enrolled finished cattle before harvest and then sells those cattle to a licensed processor or another licensed marketer;

(36) "Meat inspection program," the meat inspection program administered by the Animal Industry Board pursuant to SDCL chapter 39-5;

(37) "Minimally processed," beef that has been subject only to minimal processing, including those traditional processes used to make food edible, or to preserve it or make it safe for human consumption, e.g., smoking, roasting, freezing, drying, and fermenting; or those physical processes that do not fundamentally alter the raw product or that only separate a whole, intact food into component parts, as defined in "Food Standards and Labeling Policy Book";

(38) "Natural beef program," the SOUTH DAKOTA CERTIFIED^TM natural designation as described by this article;

(39) "Natural enrolled cattle program," the SOUTH DAKOTA CERTIFIED ENROLLED CATTLE^TM natural designation as described by this article;

(40) "Person," a natural person, or an association, partnership, cooperative corporation, limited liability partnership, limited liability company, or corporation registered with the Secretary of State to do business in the State of South Dakota;

(41) "Processing procedures manual," the document written by the processor and approved by the secretary that describes the policies, procedures, and processes used for harvesting, processing, segregating, and tracking beef product meeting beef program or natural beef program requirements;

(42) "Processor," a meat processing establishment regularly engaged in the harvesting of live cattle or preparation or processing of beef product and that is either licensed by the meat inspection program or undergoes inspections conducted by the USDA Food Safety Inspection Service, as described in 9 C.F.R. Ch. III (January 1, 2005);

(43) "Processor license," the nonexclusive, nontransferable permission granted to a processor via a license agreement authorizing the use of the certification mark;

(44) "Producer," a person who raises, owns, feeds, or finishes cattle;

(45) "Producer license," the nonexclusive, nontransferable permission granted to a producer via a license agreement to use the "SOUTH DAKOTA CERTIFIED ENROLLED CATTLE^TM trademark;

(46) "Product sample," a sample of beef product collected and submitted for testing pursuant to this article and a license agreement;

(47) "Program," any of the programs specified in subdivision (49) of this section;

(48) "Programs," the beef program, enrolled cattle program, natural beef program, and natural enrolled cattle programs, collectively;

(49) "Proprietary right," the certification mark and any other service mark, trademark, certification mark, copyrights, know-how, trade secrets, or other intellectual property rights owned by the State of South Dakota and authorized for use in conjunction with any program;

(50) "Ribeye area," the area of longissimus muscle only between the twelfth and thirteenth rib of a beef carcass;

(51) "Secretary," the secretary of the Department of Agriculture or the secretary's designee;

(52) "SOUTH DAKOTA CERTIFIED^TM beef," tier one or tier two packaged beef products from certified finished cattle processed within the State of South Dakota in conformity with the requirements of the beef program and the license agreement;

(53) "SOUTH DAKOTA CERTIFIED ENROLLED CATTLE^TM natural program," the requirements governing the production and management of certified natural feeder cattle and certified natural finished cattle as specified in this article;

(54) "SOUTH DAKOTA CERTIFIED ENROLLED CATTLE^TM program," the requirements governing the production and management of certified feeder cattle and certified finished cattle as specified in this article;

(55) "SOUTH DAKOTA CERTIFIED^TM natural beef," tier one or tier two packaged beef products from certified natural finished cattle processed within the State of South Dakota in conformity with the requirements of § 12:79:10:03 and the license agreement;

(56) "Steer," male bovine that has been neutered before reaching eight months of age;

(57) "Trained producer," a producer who is in the process of becoming a licensed producer and has attended a BQA/CMP certificate session conducted by a SDSU livestock educator where producers learn proper BQA cattle handling practices and receive a CMP form upon completion of the training;

(58) "USDA," the United States Department of Agriculture; and

(59) "Verifiable address," an identifiable physical location in South Dakota that represents a unique and describable geographic location where activity affecting the health or the traceability of livestock may occur;

(60) "Yield grade," the indicated yield of closely trimmed (1/2 inch fat or less), boneless retail cuts expected to be derived from the major wholesale cuts (round, sirloin, short loin, rib, and square-cut chuck) of a carcass.

S.D. Admin. R. 12:79:01:01

32 SDR 31, effective 8/29/2005; 33 SDR 10, effective 8/3/2006; 33 SDR 188, effective 5/10/2007; 35 SDR 187, effective 2/10/2009; 38 SDR 115, effective 1/10/2012.

General Authority: SDCL 39-24-6(1) to (5), inclusive.

Law Implemented: SDCL 39-24-1 to 39-24-10, inclusive.

Note: "Meat processing establishment" is defined in SDCL 39-5-6(17).

"South Dakota Beef Quality Assurance/Critical Management Plan Program," South Dakota Beef Industry Board, revised through February 2006, distributed by the South Dakota Beef Industry Council, 316 South Coteau, Pierre, SD. "Food Standards and Labeling Policy Book," revised for web publication August, 2005, published by the USDA Food Safety Inspection Service. Copies may be obtained by internet from http://www.fsis.usda.gov/OPPDE/larc/Policies/Labeling_Policy_Book_082005.pdf. There is no charge for the publication.