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Administrative Rules
Rule 12:14 BUTTER GRADING AND LABELING

ARTICLE 12:14

BUTTER GRADING AND LABELING

Chapter

12:14:01        Butter grading and labeling.




Rule 12:14:01 BUTTER GRADING AND LABELING

CHAPTER 12:14:01

BUTTER GRADING AND LABELING

Section

12:14:01:01        Definition of terms.

12:14:01:02        Grade statement on label.

12:14:01:03        Grades set by official grader.

12:14:01:04        Grade AA specifications.

12:14:01:05        Grade A specifications.

12:14:01:06        Grade B specifications.

12:14:01:07        Undergrade specifications.

12:14:01:08        Ratings for defects in body, color, and salt.

12:14:01:09        Relationship of defects to grade.




Rule 12:14:01:01 Definition of terms.

          12:14:01:01.  Definition of terms. Terms used in this chapter mean:

          (1)  "Butter at retail," the selling of butter for consumption or use, or for any purpose other than resale as butter, regardless of quantity, including selling to persons who sell meals and lunches. The term does not include selling with and as part of any meal or lunch;

          (2)  "Label," a display of written, printed, or graphic matter on the outside container or wrapper of the retail package of butter.

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

          General Authority: SDCL 39-9-7.

          Law Implemented: SDCL 39-9-4.




Rule 12:14:01:02 Grade statement on label.

          12:14:01:02.  Grade statement on label. Each label shall contain a grade statement. The grade statement shall be "South Dakota Grade AA," "South Dakota Grade A," "South Dakota Grade B," or "South Dakota undergrade." The letters AA, A, or B may immediately precede the term "grade" and the name of the state may be abbreviated as "S.D." The letters of the grade statement shall not be less than 12-point type on a strongly contrasting background. The term "when graded" or similar qualifying terms shall not be used on the label.

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

          General Authority: SDCL 39-9-7.

          Law Implemented: SDCL 39-9-3.




Rule 12:14:01:03 Grades set by official grader.

          12:14:01:03.  Grades set by official grader. The secretary shall appoint an official butter grader for the state who shall determine the grade of any butter.

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

          General Authority:  SDCL 39-9-7.

          Law Implemented:  SDCL 39-9-7.




Rule 12:14:01:04 Grade AA specifications.

          12:14:01:04.  Grade AA specifications. South Dakota Grade AA shall possess a fine, highly pleasing flavor. It may possess a slightly normal feed or a definitely cooked flavor. It shall be made from sweet cream or cream of low natural acid to which a culture starter may have been added. The permitted total defects in body, color, and salt are limited to one-half point.

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

          General Authority: SDCL 39-9-7.

          Law Implemented: SDCL 39-9-2.




Rule 12:14:01:05 Grade A specifications.

          12:14:01:05.  Grade A specifications. South Dakota Grade A shall possess a pleasing and desirable flavor. It may possess any of the following flavors to a slight degree: coarse, acid, smothered, flat, heated, bitter, aged, and storage. It may possess feed and cooked flavors to a definite degree. The permitted total defects in body, color and salt are limited to one-half point unless the flavor classification permits these defects to exceed one-half. Butter with a flavor classification of AA and having total defects in body, color, and salt not to exceed one point shall be South Dakota Grade A.

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

          General Authority:  SDCL 39-9-7.

          Law Implemented:  SDCL 39-9-2.




Rule 12:14:01:06 Grade B specifications.

          12:14:01:06.  Grade B specifications. South Dakota Grade B may possess any of the following flavors to a slight degree: musty, neutralizer, scorched, woody, weed, whey, and utensil. It may possess any of the following flavors to a definite degree: aged, bitter, coarse acid, flat, old cream, smothered and storage. The permitted total defects in body, color, and salt are limited to a total of one-half point unless the flavor classification permits these defects to exceed one-half point. Butter with a flavor classification of AA and having total defects in body, color, and salt over one point, but not exceeding two and one-half point shall be South Dakota Grade B. Butter with a flavor classification of A and having total defects in body, color, and salt not exceeding one and one-half point shall be South Dakota Grade B.

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

          General Authority: SDCL 39-9-7.

          Law Implemented: SDCL 39-9-2.




Rule 12:14:01:07 Undergrade specifications.

          12:14:01:07.  Undergrade specifications. South Dakota undergrade is butter below the requirements for South Dakota Grade B.

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

          General Authority: SDCL 39-9-7.

          Law Implemented: SDCL 39-9-2.




Rule 12:14:01:08 Ratings for defects in body, color, and salt.

          12:14:01:08.  Ratings for defects in body, color, and salt. Ratings for defects in body, color, and salt shall be established in accordance with the following:

          (1)  Gummy, leaky, spongy, or weak, mealy, crumbly, or sticky body, wavy color, color specks, and sharp salt shall be rated for defects as follows: slight defects, one-half point; definite defect, one point;

          (2)  Ragged, boring, grainy, and streaked or mottled appearance shall be rated for defects as follows: slight defect, one point; definite defect, two points;

          (3)  Unnatural high color shall be rated for defects as follows: pronounced, one point;

          (4)  Gritty salt shall be rated for defects as follows: slight defect, one point; definite defect, two points.

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

          General Authority: SDCL 39-9-7.

          Law Implemented: SDCL 39-9-1.




Rule 12:14:01:09 Relationship of defects to grade.

          12:14:01:09.  Relationship of defects to grade. The following schedule applies to the classification, as affected by total rating point defects in body, color, and salt:

          (1)  When the total defects in body, color, and salt do not exceed one-half point for butter having a flavor classification of AA, A, or B the grade of butter shall be the same as the flavor classification;

          (2)  When the total defects in body, color, and salt exceed the permitted total defects for butter having a flavor classification of AA, A, or B by either one-half or one point, the grade shall be one grade below the flavor classification;

          (3)  When the total defects for body, color, and salt in such butter exceed the permitted total defects by one and one-half or two points, the grade shall be two grades below the flavor classification.

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

          General Authority: SDCL 39-9-7.

          Law Implemented: SDCL 39-9-1.

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