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Rule 12:26 EGGS AND EGG PRODUCTS

ARTICLE 12:26

EGGS AND EGG PRODUCTS

Chapter

12:26:01             Definitions.

12:26:02             Licenses.

12:26:03             Records.

12:26:04             Plant and equipment requirements.

12:26:05             Candling.

12:26:06             Egg handling.

12:26:07             Quality standards for individual eggs.

12:26:08             South Dakota consumer grades.

12:26:09             Weight classes.

12:26:10             Labeling and sales requirements.

12:26:11             Eggs unfit for human consumption.

12:26:12             Egg cleaning and oil treating.


Rule 12:26:01 DEFINITIONS

CHAPTER 12:26:01

DEFINITIONS

Section

12:26:01:01        General definitions.

12:26:01:02        Terms defining shell quality.

12:26:01:03        Terms defining air cell condition.

12:26:01:04        Terms defining condition of the white.

12:26:01:05        Terms defining yolk condition.


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, 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.

          Source: SL 1975, ch 16, § 1; 2 SDR 7, effective August 4, 1975; 8 SDR 89, effective January 24, 1982; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 17 SDR 122, effective February 24, 1991.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-7.


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 considered clean if it has only very small specks or slight stains and if such specks or stains are not of sufficient number or intensity to detract from the generally clean appearance of the egg. Eggs that show traces of processing oil on the shell are considered clean unless otherwise soiled;

          (2)  "Dirty," an unbroken shell which has dirt or foreign material adhering to its surface, which has prominent stains, or which has moderate stains covering more than one-thirty-second of the shell surface if localized or one-sixteenth of the shell if scattered;

          (3)  "Practically normal," or "AA or A quality," a shell that approximates the usual shape and that is free from thin spots. Ridges and rough areas that do not materially affect the shape and strength of the shell are permitted;

          (4)  "Abnormal," or "B quality," a shell that may be somewhat unusual in shape or decidedly misshapen, that may be faulty in soundness or strength, or that may show pronounced ridges or thin spots.

          Source: SL 1975, ch 16, § 1; 8 SDR 89, effective January 24, 1982; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-7.


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 shell membranes, normally in the large end of the egg, to its bottom when the egg is held air cell upward;

          (2)  "Free air cell," an air cell that moves freely toward the uppermost point in the egg as the egg is rotated slowly;

          (3)  "Bubbly air cell," a ruptured air cell resulting in one or more small, separate air bubbles usually floating beneath the main air cell.

          Source: SL 1975, ch 16, § 1; 8 SDR 89, effective January 24, 1982; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-7.


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 foreign bodies floating in it. Prominent chalazas are not foreign bodies, but meat spots or blood clots are foreign bodies;

          (2)  "Firm," (AA quality) a white that is sufficiently thick or viscous to prevent the yolk outline from being more than slightly defined or indistinctly indicated when the egg is twirled. A firm white of a broken-out egg has a Haugh unit value of 72 or higher when measured at a temperature between 45 degrees and 60 degrees Fahrenheit;

          (3)  "Reasonably firm," (A quality) a white that is somewhat less thick or viscous than a firm white. A reasonably firm white permits the yolk to approach the shell more closely which results in a fairly well defined yolk outline when the egg is twirled. A reasonably firm white of a  broken-out egg has a Haugh unit value of 60 to 72 when measured at a temperature between 45 degrees and 60 degrees Fahrenheit;

          (4)  "Weak and watery," (B quality) a white that is thin and generally lacking in viscosity. A weak and watery white permits the yolk to approach the shell closely, causing the yolk outline to appear plainly visible and dark when the egg is twirled. A weak and watery white of a broken-out egg has a Haugh unit value lower than 60 when measured at a temperature between 45 degrees and 60 degrees Fahrenheit;

          (5)  "Blood spots," blood spots on the surface of the yolk or floating in the white not due to germ development. These blood spots may have lost their characteristic red color and appear as small spots or foreign material commonly referred to as meat spots. Eggs with blood spots or meat spots not more than one-eighth inch in diameter may be classified as B quality. Eggs with diffused blood spots or those larger than one-eighth inch shall be classified as loss;

          (6)  "Bloody white," a white which has blood diffused through it. Eggs with bloody whites shall be classified as loss.

          Source: SL 1975, ch 16, § 1; 8 SDR 89, effective January 24, 1982; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 17 SDR 122, effective February 24, 1991.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-7.


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 indicated and appears to blend into surrounding white as the egg is twirled;

          (2)  "Outline fairly well defined," (A quality) a yolk outline that is discernible but not clearly outlined as the egg is twirled;

          (3)  "Outline plainly visible," (B quality) a yolk outline that is clearly visible as a dark shadow when the egg is twirled;

          (4)  "Enlarged and flattened," (B quality) a yolk in which the yolk membranes and tissues have weakened and moisture has been absorbed from the white to such an extent that it appears definitely enlarged and flat;

          (5)  "Practically free from defects," (AA or A quality) a yolk that shows no germ development but may show other very slight defects on its surface;

          (6)  "Serious defects," (B quality) a yolk that shows well developed spots or areas and other serious defects, such as olive yolks, which do not render the egg inedible;

          (7)  "Clearly visible germ development," (B quality) a development of the germ spot on the yolk of a fertile egg that has progressed to a point where it is plainly visible as a definite circular area or spot with no blood in evidence;

          (8)  "Blood due to germ development," blood caused by development of the germ in a fertile egg to the point where it is visible as definite lines or as a blood ring. Such an egg is classified as inedible.

          Source: SL 1975, ch 16, § 1; 8 SDR 89, effective January 24, 1982; 12 SDR 102, effective December 25, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-7.


Rule 12:26:02 LICENSES

CHAPTER 12:26:02

LICENSES

Section

12:26:02:01        Application for licenses.

12:26:02:02        Dealer licenses issued upon inspection and approval.

12:26:02:03        Examination required for candler grader license.

12:26:02:04        Dealer and candler grader licenses not transferrable.

12:26:02:05        Repealed.

12:26:02:06        Posting of licenses.

12:26:02:07        Issuance of class B dealer license.

12:26:02:08        Issuance of class A dealer license.


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.

          Law Implemented:SDCL 39-11-2, 39-11-4, 39-11-5, 39-11-6.


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 pursuant to the rules in this article.

          Source: SL 1975, ch 16, § 1; 2 SDR 7, effective August 4, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-2, 39-11-4, 39-11-5, 39-11-6.


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 by the secretary and administered by an egg inspector. They may be renewed without reinspection, but when a candler grader license has been expired for one year or longer, the examination is required for renewal.

          Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-2, 39-11-4.


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 location to another in the same municipality shall be permitted without a new license, provided the secretary has been advised of the change of location.

          Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-2, 39-11-4.


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 SDR 7, effective August 4, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-2, 39-11-4.


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, effective July 1, 1986.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-2, 39-11-4, 39-11-5, 39-11-6.


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 grades and sell to retail stores, or institutional consumers, or both.

          Source: 2 SDR 7, effective August 4, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-2, 39-11-4, 39-11-5, 39-11-6.


Rule 12:26:03 RECORDS

CHAPTER 12:26:03

RECORDS

Section

12:26:03:01        Records to be furnished.


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 weight class of the eggs. A copy of the invoice shall be kept on file by the person selling and the purchaser at their respective places of business for 90 days and shall be available for inspections during normal business hours by the secretary or his agents. A licensee shall render to the producer a written statement showing his name, the total number of eggs received, the date received, and the amount of payment. Copies of all such detailed statements to producers shall be kept on file by licensees for 90 days and shall be open for inspection by the secretary.

          Source: SL 1975, ch 16, § 1; 2 SDR 7, effective August 4, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 17 SDR 122, effective February 24, 1991.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-10.


Rule 12:26:04 PLANT AND EQUIPMENT REQUIREMENTS

CHAPTER 12:26:04

PLANT AND EQUIPMENT REQUIREMENTS

Section

12:26:04:01        Plant requirements.

12:26:04:02        Grading room requirements.

12:26:04:03        Equipment requirements.

12:26:04:04        Egg cleaning equipment.


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)  Have grading and packing rooms of sufficient size to permit installation of all necessary equipment and the conduct of grading and packing in a sanitary manner. These rooms shall be kept clean during grading and packing operations and shall be thoroughly cleaned at the end of each operating day;

          (3)  Provide ventilation sufficient to prevent the development of mold and mustiness.

          Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-7.


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 crossbeams of light, and light reflection from candling lights shall be kept at a minimum.

          Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-7.


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 candling lights shall be capable of delivering a uniform intensity of light at the candling aperture to facilitate accurate quality determinations. The light shall provide ample case light for detection of stained and dirty shells and the condition of the packing materials. In operations utilizing mechanical grading equipment, adequate light shall be provided to facilitate necessary quality determinations, including the detection and removal of stained and dirty shells and the condition of the packing material. Individual egg scales shall be provided to check the accuracy of weight classing. Weighing equipment, whether manual or automatic, shall be kept clean and shall be capable of ready adjustment.

          Source: SL 1975, ch 16, § 1; 12 SDR 102, effective December 25, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-7.


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, effective July 1, 1986.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-7.


Rule 12:26:05 CANDLING

CHAPTER 12:26:05

CANDLING

Section

12:26:05:01        Candling equipment.

12:26:05:02        Candling methods.


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 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-7.


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.

          Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-7.


Rule 12:26:06 EGG HANDLING

CHAPTER 12:26:06

EGG HANDLING

Section

12:26:06:01        Egg storage requirements.

12:26:06:02        Egg packing materials requirements.

12:26:06:03        Repealed.

12:26:06:04        Egg holding temperature requirements for retailers and institutional consumers.

12:26:06:05        Transportation requirements for shell eggs.

12:26:06:06        Transferred.


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 rise to strong odors. Each area where eggs are held or stored shall be provided with a Fahrenheit or Celsius thermometer. Eggs sold for further processing are exempt from the temperature requirement.

          Source: SL 1975, ch 16, § 1; 2 SDR 7, effective August 4, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 17 SDR 122, effective February 24, 1991.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-7.


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 flats and adequate lids.

          Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 17 SDR 122, effective February 24, 1991.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-7.


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 stored or refrigerated at a temperature not to exceed 45 degrees Fahrenheit or 7 degrees Celsius.

          Source: SL 1975, ch 16, § 1; 2 SDR 7, effective August 4, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 17 SDR 122, effective February 24, 1991.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-7.


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 during transportation. Eggs sold for further processing are exempt from the temperature requirement.

          Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986; transferred from § 12:26:06:06, 17 SDR 122, effective February 24, 1991.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-7.


Rule 12:26:06:06 Transferred.

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


Rule 12:26:07 QUALITY STANDARDS FOR INDIVIDUAL EGGS

CHAPTER 12:26:07

QUALITY STANDARDS FOR INDIVIDUAL EGGS

Section

12:26:07:01        AA quality factors.

12:26:07:02        A quality factors.

12:26:07:03        Repealed.

12:26:07:04        B quality factors.

12:26:07:05        Factors determining a dirty egg.

12:26:07:06        Factors determining a check egg.


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 movement, and may be free or bubbly;

          (3)  The white shall be clear and firm so that the yolk is only slightly defined when the egg is twirled before the candling light; and

          (4)  The yolk shall be practically free from apparent defects.

          Source: SL 1975, ch 16, § 1; 8 SDR 89, effective January 24, 1982; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-7.


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 movement, and may be free or bubbly;

          (3)  The white shall be clear and at least reasonably firm so that the yolk outline is only fairly well defined when the egg is twirled before the candling light; and

          (4)  The yolk shall be practically free from apparent defects.

          Source: SL 1975, ch 16, § 1; 8 SDR 89, effective January 24, 1982; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-7.


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 not cover more than one-thirty-second of the shell surface if localized or one-sixteenth of the shell surface if scattered;

          (3)  The shells may not have prominent stains or adhering dirt;

          (4)  The air cell may be over three-sixteenths inch in depth, may show unlimited movement, and may be free or bubbly;

          (5)  The white may be weak and watery so that the yolk outline is plainly visible when the egg is twirled before the candling light;

          (6)  The yolk may appear dark, enlarged, and flattened and may show clearly visible germ development but no blood due to development;

          (7)  The egg may show other serious defects that do not render the egg inedible; and

          (8)  Blood spots or meat spots, totaling not more than one-eighth inch in diameter, may be present.

          Source: SL 1975, ch 16, § 1; 8 SDR 89, effective January 24, 1982; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-7.


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 of the shell surface if localized or one-sixteenth of the shell surface if scattered.

          Source: SL 1975, ch 16, § 1; 8 SDR 89, effective January 24, 1982; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-7.


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 quality than a dirty.

          Source: SL 1975, ch 16, § 1; 8 SDR 89, effective January 24, 1982; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-7.


Rule 12:26:08 SOUTH DAKOTA CONSUMER GRADES

CHAPTER 12:26:08

SOUTH DAKOTA CONSUMER GRADES

Section

12:26:08:01                                South Dakota consumer grade AA at origin.

12:26:08:02                                South Dakota consumer grade AA at destination.

12:26:08:03                                South Dakota consumer grade A at origin.

12:26:08:04                                South Dakota consumer grade A at destination.

12:26:08:05                                South Dakota consumer grade B at origin.

12:26:08:06                                South Dakota consumer grade B at destination.

12:26:08:07 and 12:26:08:08  Repealed.

12:26:08:09                                One egg exclusion rule.


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 quality may consist of A or B quality in any combination. Within the tolerance for B quality not more than one percent may be B quality due to air cells over three-eighths inch, blood spots totaling not more than one-eighth inch in diameter, or serious yolk defects. Not more than 5 percent checks (7 percent checks for jumbo size) are permitted. Not more than .5 percent leakers, dirties, or loss due to meat spots or blood spots in any combination are permitted. The loss due to meat spots or blood spots alone may not exceed .3 percent. Other types of loss are not permitted.

          Source: SL 1975, ch 16, § 1; 8 SDR 89, effective January 24, 1982; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 17 SDR 122, effective February 24, 1991.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-7.


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 be below AA quality shall consist of at least 10 percent A quality. The remainder may be B quality, except that, within the tolerance for B quality, not more than one percent may be B quality due to air cells over three-eighths inch, blood spots totaling not more than one-eighth inch in diameter, or serious yolk defects. Not more than 7 percent checks (9 percent checks for jumbo size) are permitted. Not more than one percent leakers, dirties, or loss due to meat spots or blood spots in any combination are permitted. The loss due to meat spots or blood spots alone may not exceed .3 percent. Other types of loss are not permitted.

          Source: SL 1975, ch 16, § 1; 2 SDR 7, effective August 4, 1975; 8 SDR 89, effective January 24, 1982; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 17 SDR 122, effective February 24, 1991.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-7.


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 quality, not more than one percent may be B quality due to air cells over three-eighths inch, blood spots totaling not more than one-eighth inch in diameter, or serious yolk defects. Not more than 5 percent checks (7 percent checks for jumbo size) are permitted. Not more than .5 percent leakers, dirties, or loss due to meat spots or blood spots in any combination are permitted. The loss due to meat spots or blood spots alone may not exceed .3 percent. Other types of loss are not permitted.

          Source: SL 1975, ch 16, § 1; 8 SDR 89, effective January 24, 1982; 12 SDR 102, effective December 25, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 17 SDR 122, effective February 24, 1991.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-7.


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 percent which may be below A quality, not more than one percent may be B quality due to air cells over three-eighths inch, blood spots totaling not more than one-eighth inch in diameter, or serious yolk defects. Not more than 7 percent checks (9 percent checks for jumbo size) are permitted. Not more than one percent leakers, dirties, or loss due to meat spots or blood spots in any combination are permitted. The loss due to meat spots or blood spots alone may not exceed .3 percent. Other types of loss are not permitted.

          Source: SL 1975, ch 16, § 1; 8 SDR 89, effective January 24, 1982; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 17 SDR 122, effective February 24, 1991.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-7.


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 quality, not more than 10 percent may be checks. Not more than .5 percent may be leakers, dirties, or loss due to meat spots or blood spots in any combination. The loss due to meat spots or blood spots alone may not exceed .3 percent. Other types of loss are not permitted.

          Source: SL 1975, ch 16, § 1; 8 SDR 89, effective January 24, 1982; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 17 SDR 122, effective February 24, 1991.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-7.


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 may be below B quality, not more than 10 percent may be checks. Not more than one percent may be leakers, dirties, or loss due to meat spots or blood spots in any combination. The loss due to meat spots or blood spots alone may not exceed .3 percent. Other types of loss are not permitted.

          Source: SL 1975, ch 16, § 1; 8 SDR 89, effective January 24, 1982; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 17 SDR 122, effective February 24, 1991.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-7.


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.


Rule 12:26:08:08 Repealed.

          12:26:08:08.  Grade labeling.Repealed.

          Source: SL 1975, ch 16, § 1; repealed, 2 SDR 7, effective August 4, 1975.


Rule 12:26:08:09 One egg exclusion rule.

          12:26:08:09.  One egg exclusion rule. For grades AA, A, and B, no lot shall be rejected or downgraded due to the quality of a single egg except for loss other than blood or meat spots.

          Source: 12 SDR 102, effective December 25, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-7.


Rule 12:26:09 WEIGHT CLASSES

CHAPTER 12:26:09

WEIGHT CLASSES

Section

12:26:09:01        Classes of South Dakota consumer grades -- Weight requirements.

12:26:09:02        Lot tolerances for weight classes of South Dakota consumer grades.


Rule 12:26:09:01 Classes of South Dakota consumer grades -- Weight requirements.

          12:26:09:01.  Classes of South Dakota consumer grades -- Weight requirements. The following are the classes of South Dakota consumer grades of shell eggs and their minimum net weight requirements:

 

 

Ounces

Pounds per

Individual

Eggs

 

Weight Class

per dozen

30 dozen

grams

ounces

 

 

 

 

 

 

  (1)

Jumbo

30

56

68.52

2.42

 

 

 

 

 

 

  (2)

Extra large

27

50.5

61.43

2.17

 

 

 

 

 

 

  (3)

Large

24

45

54.35

1.92

 

 

 

 

 

 

  (4)

Medium

21

39.5

47.26

1.67

 

 

 

 

 

 

  (5)

Small

18

34

40.16

1.42

 

 

 

 

 

 

  (6)

Peewee

15

28

            no minimum set

          No tolerance is allowed for individual containers in classes (1) to (5), inclusive.

          Source: SL 1975, ch 16, § 1; 2 SDR 7, effective August 4, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 17 SDR 122, effective February 24, 1991.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-7.


Rule 12:26:09:02 Lot tolerances for weight classes of South Dakota consumer grades.

          12:26:09:02.  Lot tolerances for weight classes of South Dakota consumer grades. A lot tolerance of 3.3 percent of individual eggs in the next lower weight class is permitted as long as no individual case within the lot exceeds five percent of eggs in the next lower weight class.

          Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-7.


Rule 12:26:10 LABELING AND SALES REQUIREMENTS

CHAPTER 12:26:10

LABELING AND SALES REQUIREMENTS

Section

12:26:10:01        Identification and sale of graded eggs.

12:26:10:02        Grade and weight labeling.

12:26:10:03        Grade and weight required on advertisements for prices of shell eggs.

12:26:10:04        Restrictions on sales of grade B eggs.


Rule 12:26:10:01 Identification and sale of graded eggs.

          12:26:10:01.  Identification and sale of graded eggs. A person exposing or offering graded eggs for sale to consumers shall comply with the following requirements for identification and sale:

          (1)  When graded eggs are exposed or offered for retail sale, the container shall be legibly marked with the exact grade and weight class in letters not smaller than three-sixteenths inch high;

          (2)  The statement "keep refrigerated" shall appear on the face of each carton in letters not smaller than three-sixteenths inch high;

          (3)  The expiration date shall be legibly stamped on the outside of each carton. Eggs may be offered for sale for no more than 30 days after the date of pack. The expiration date using the day and the three-letter abbreviation for the month shall be preceded by the letters "EXP";

          (4)  Each container of eggs shall have legibly stamped on the outside of the carton the United States department of agriculture shell egg surveillance handler code preceded by the state code, the packing plant name and address, or the code number registered with the secretary;

          (5)  Loose pack graded eggs may not be offered for sale.

          Source: 2 SDR 7, effective August 4, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 17 SDR 122, effective February 24, 1991; 19 SDR 61, effective October 26, 1992.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-7.

          Reference: Shell Egg Surveillance System, Poultry Division, Agricultural Marketing Service, U.S. Department of Agriculture, January 29, 1991. Copies may be obtained from the Dairy and Egg Division, South Dakota Department of Agriculture, Anderson Building, 445 East Capitol, Pierre, South Dakota 57501, free of charge.


Rule 12:26:10:02 Grade and weight labeling.

          12:26:10:02.  Grade and weight labeling. Cases containing graded eggs must be identified with the letter of the grade and denotation of weight class by a legible marking on one end of each case in capital letters not less than one inch high.

          Source: 2 SDR 7, effective August 4, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-7.


Rule 12:26:10:03 Grade and weight required on advertisements for prices of shell eggs.

          12:26:10:03.  Grade and weight required on advertisements for prices of shell eggs. No person may advertise by sign, placard, or otherwise the price at which eggs are offered for sale without marking or denoting the full and correct designation of grade and weight class of the eggs, according to the standards prescribed in chapters 12:26:08 and 12:26:09, on the advertisement in conjunction with the price.

          Source: 2 SDR 7, effective August 4, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-7.


Rule 12:26:10:04 Restrictions on sales of grade B eggs.

          12:26:10:04.  Restrictions on sales of grade B eggs. No person may sell eggs below the quality of grade B in retail stores, nor may institutional consumers purchase eggs below the quality of grade B.

          Source: 2 SDR 7, effective August 4, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-7.


Rule 12:26:11 EGGS UNFIT FOR HUMAN CONSUMPTION

CHAPTER 12:26:11

EGGS UNFIT FOR HUMAN CONSUMPTION

Section

12:26:11:01        Egg products to be used as animal food.

12:26:11:02        Eggs and egg products not designated for use as animal food.


Rule 12:26:11:01 Egg products to be used as animal food.

          12:26:11:01.  Egg products to be used as animal food. Eggs found unfit for human consumption to be used as animal food shall be denatured by adding one of the following products:

          (1)  Meat or bone meal or fish meal;

          (2)  Harmless green, blue, or black dye;

          (3)  Powdered charcoal.

          Source: 2 SDR 7, effective August 4, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-14.


Rule 12:26:11:02 Eggs and egg products not designated for use as animal food.

          12:26:11:02.  Eggs and egg products not designated for use as animal food. Eggs found unfit for human consumption and not used for animal food shall be destroyed for human food purposes at the point of segregation by discarding and intermingling with refuse such as shells, paper, or trash or adulterating with kerosene; pine oil; fuel oil; creosote; fish oil; meat or bone meal; harmless green, blue, or black dye; or powdered charcoal.

          Source: 2 SDR 7, effective August 4, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 17 SDR 122, effective February 24, 1991.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-14.


Rule 12:26:12 EGG CLEANING AND OIL TREATING

CHAPTER 12:26:12

EGG CLEANING AND OIL TREATING

Section

12:26:12:01        Egg cleaning.

12:26:12:02        Oil treating procedures.


Rule 12:26:12:01 Egg cleaning.

          12:26:12:01.  Egg cleaning. Eggs which require cleaning may be cleaned by either manual or mechanical means. The use of continuous, inline washers shall meet the following requirements:

          (1)  Continuous washers shall have a complete water change at least once during each eight-hour shift and at the end of each eight-hour shift, or more frequently if necessary;

          (2)  The temperature of the wash water shall be maintained at a minimum of 90 degrees Fahrenheit and shall be at least 20-degrees Fahrenheit warmer than the temperature of the eggs to be washed. The 20 degree differential shall be maintained throughout the cleaning cycle. Prewetting by submersion may not exceed five minutes;

          (3)  During any rest period, eggs shall be removed from the washing and rinsing area of the egg washer and from the scanning area when there is a buildup of heat;

          (4)  Only approved washing and sanitizing compounds included in the List of Proprietary Substances and Nonfood Compounds, 1990, United States department of agriculture publication number 1419, approved for United States department of agriculture inspection and grading programs, may be used in accordance with the purpose and directions stated on the label of the product. The use of metered equipment for dispensing the compounds into solution is recommended;

          (5)  The entire shell egg washing and drying operation shall be continuous and shall be completed as rapidly as possible;

          (6)  Only potable water may be used to wash eggs;

          (7)  Potable water or rinse water overflow shall be added continuously to recirculated wash water for inline washers to provide a continuous overflow. If the equipment, other than inline washers, has no continuous intake and overflow, the wash water shall be replaced when contaminated;

          (8)  All washed eggs shall be spray-rinsed with warm, potable water which contains at least 50 parts per million and no more than 200 parts per million of a chlorine sanitizing compound;

          (9)  Washed eggs shall be dry before placing in cartons or cases.

          Source: 2 SDR 7, effective August 4, 1975; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 17 SDR 122, effective February 24, 1991.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-7.

          Reference: List of Proprietary Substances and Nonfood Compounds, 1990, United States Department of Agriculture, Food Safety and Inspection Service, publication number 1419. Copies may be obtained from the U.S. Government Printing Office, Washington, DC 20401. Cost per copy is $15.


Rule 12:26:12:02 Oil treating procedures.

          12:26:12:02.  Oil treating procedures. Eggs may be treated by oil dipping, oil spraying, or oil emulsion spraying, but the methods used may not cause objectionable cloudiness in the whites. Oil treating and cleaning operations shall comply with the following sanitary requirements:

          (1)  Eggs with excess moisture on the shell shall not be oiled;

          (2)  Oil having an off odor or oil that is obviously contaminated shall not be used;

          (3)  Shell egg processing equipment shall be washed, rinsed, and treated with a bactericidal agent daily during processing;

          (4)  Protection against dust and dirt shall be provided when the equipment is not in use; and

          (5)  Only cleaning and sanitizing compounds included in the List of Proprietary Substances and Nonfood Compounds, 1990, United States department of agriculture, publication number 1419, approved for United States department of agriculture inspection and grading programs, may be used.

          Source: 2 SDR 7, effective August 4, 1975; 12 SDR 102, effective December 25, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 17 SDR 122, effective February 24, 1991.

          General Authority:SDCL 39-11-7.

          Law Implemented:SDCL 39-11-7.

          Reference: List of Proprietary Substances and Nonfood Compounds, 1990, United States Department of Agriculture, Food Safety and Inspection Service, publication number 1419. Copies may be obtained from the U.S. Government Printing Office, Washington, DC 20401. Cost per copy is $15.


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