S.D. Admin. R. 12:79:02:02

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

Section 12:79:02:02 - Form of license agreement

If an application for participation in any program is approved, the secretary shall issue a nonexclusive, nontransferable license to use the applicable proprietary rights. The secretary shall establish the terms and conditions included in the license agreement consistent with SDCL 39-24 and this article. A license agreement shall include, but is not limited to, the following requirements:

(1) The licensee shall agree not to use any proprietary rights of any program except as allowed by law or pursuant to the terms of the license agreement and this article;

(2) The licensee shall agree to follow all applicable program procedures and shall agree to keep detailed records showing full compliance with requirements of any program as applicable;

(3) The licensee shall agree to pay all fees and costs;

(4) The licensee shall agree to submit to all inspections and audits, and to allow or provide for access by the secretary to the licensee's facility, certified enrolled cattle, beef product, and records during regular business hours for such purposes;

(5) If a processor, the licensee shall agree to comply with any applicable meat inspection laws, regulations, and policies;

(6) The licensee shall represent that the applicable requirements set forth in this article for the animal or beef product at each applicable stage of production or processing will be met for the animal or beef product within the licensee's physical possession;

(7) The licensee shall agree to comply with all applicable state, federal, and local laws, rules, and ordinances;

(8) The licensee shall agree that the licensed rights may be suspended or terminated by the secretary as provided in this article or in the license agreement; and

(9) If a producer, the licensee shall have a current and valid Beef Quality Assurance/Critical Management Plan certification card issued by the South Dakota Cattlemen's Association.

S.D. Admin. R. 12:79:02:02

32 SDR 31, effective 8/29/2005; 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),(3).

Law Implemented: SDCL 39-24-3.

"South Dakota Beef Quality Assurance/Critical Management Plan Program," South Dakota Beef Industry Board, revised through November 9, 2011, published by the South Dakota Beef Industry Board, 316 South Coteau, Pierre, SD.