Administrative Rule 12:53 | South Dakota Legislature

12:53:01:01. Definitions. Words defined in SDCL 39-14-39 have the same meaning when used in this article. In addition, terms used in this article mean:

(1) "Secretary," the secretary of the South Dakota Department of Agriculture and Natural Resources.

Source: SL 1975, ch 16, § 1; 9 SDR 81, effective December 26, 1982; 12 SDR 128, 12 SDR 154, effective July 1, 1986; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.

General Authority: SDCL 39-14-60.

Law Implemented: SDCL 39-14-60.

12:53:01:02. Guidelines for commercial feeds. The secretary shall follow the model bill and regulations from the 2023 Official Publication of the Association of American Feed Control Officials, Incorporated. The secretary shall insert the term "secretary of the Department of Agriculture and Natural Resources" in the blank spaces contained in the model bill and regulations. The secretary shall follow SDCL chapter 39-14, and 21 C.F.R. Parts 225, 226, 510, 558, 573, 582, and 589.

Source: SL 1975, ch 16, § 1; 9 SDR 81, effective December 26, 1982; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 14 SDR 95, effective January 10, 1988; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021; 50 SDR 47, effective October 19, 2023.

General Authority: SDCL 39-14-60.

Law Implemented: SDCL 39-14-60, 39-14-61.

Reference: Model Bill and Regulations, pages 107 through 233, inclusive, of the 2023 Official Publication, published by the Association of American Feed Control Officials, Incorporated. Copies may be obtained online at http://www.aafco.org/Publications, for $135 to members and $265 to non-members. A paper copy is available for $75 to members and $135 to non-members.

Rule 12:53:01:03 Repealed.

12:53:01:03. Commodities exempt from the definition of commercial feed.Repealed.

Source: SL 1975, ch 16, § 1; 9 SDR 81, repealed December 26, 1982.

Rule 12:53:01:04 Repealed.

12:53:01:04. Special purpose products to guarantee ingredients. Repealed.

Source: SL 1975, ch 16, § 1; 9 SDR 81, effective December 26, 1982; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, SL 2015, ch 204, § 44, effective July 1, 2015.

Rule 12:53:01:05 Repealed.

12:53:01:05. Exception to guidelines.Repealed.

Source: SL 1975, ch 16, § 1; 9 SDR 81, repealed December 26, 1982.

Rule 12:53:01:06 Commercial feed stored in bulk to be labeled.

12:53:01:06. Commercial feed stored in bulk to be labeled. When a commercial feed is stored in bulk bins or other containers, the label shall be placed on or affixed to the container. When a commercial feed is distributed in bulk, the label shall accompany delivery and be furnished to the purchaser at the time of delivery.

Source: SL 1975, ch 16, § 1; 9 SDR 81, effective December 26, 1982; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

General Authority: SDCL 39-14-60.

Law Implemented: SDCL 39-14-54, 39-14-55, 39-14-60.

Rule 12:53:01:07 Repealed.

12:53:01:07. Designation of secretary pursuant to Reg 3(f) Official Publication of American Feed Control Officials, Incorporated.Repealed.

Source: SL 1975, ch 16, § 1; 9 SDR 81, repealed December 26, 1982.

Rule 12:53:01:08 Water to be listed as ingredient when part of liquid protein supplement.

12:53:01:08. Water to be listed as ingredient when part of liquid protein supplement. Water shall be listed as an ingredient when it is part of a liquid protein supplement.

Source: SL 1975, ch 16, § 1; 9 SDR 81, effective December 26, 1982; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

General Authority: SDCL 39-14-60.

Law Implemented: SDCL 39-14-60.

Rule 12:53:01:09 Liquid feed labels to state guarantees for maximum moisture content.

12:53:01:09. Liquid feed labels to state guarantees for maximum moisture content. The labels of feeds shall state the maximum moisture content when the moisture content exceeds 20%. The labels that contain greater than 20% shall state the maximum moisture content in the guaranteed analysis statement.

Source: SL 1975, ch 16, § 1; 9 SDR 81, effective December 26, 1982; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 44 SDR 71, effective October 23, 2017.

General Authority: SDCL 39-14-60.

Law Implemented: SDCL 39-14-60.

Rule 12:53:01:10 Weed seed tolerance in commercial feeds.

12:53:01:10. Weed seed tolerance in commercial feeds. All screenings or byproducts of grains and seeds containing prohibited or restricted weed seeds, as defined in chapter 12:36:03, when used in commercial feed or sold as such to the ultimate consumer, must be ground fine enough or otherwise treated to destroy the viability of the weed seeds. The finished product may contain no viable prohibited weed seeds per pound and not more than the 4.5 viable restricted weed seeds per pound.

Source: SL 1975, ch 16, § 1; 9 SDR 81, effective December 26, 1982; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 19 SDR 61, effective October 26, 1992.

General Authority: SDCL 39-14-53, 39-14-60.

Law Implemented: SDCL 39-14-53.

Rule 12:53:01:11 Repealed.

12:53:01:11. The term secretary of agriculture inserted in regulations.Repealed.

Source: SL 1975, ch 16, § 1; 9 SDR 81, repealed December 26, 1982.

Rule 12:53:01:12 Requirements for direct-fed microbial products.

12:53:01:12. Requirements for direct-fed microbial products. A commercial feed that is a direct-fed microbial product must meet the following requirements:

(1) The product meets the particular fermentation product definition;

(2) The microbial content statement is stated on the label and is limited to the following: "Contains a source of live (viable) naturally occurring microorganisms"; and

(3) The source is stated with a corresponding guarantee expressed in colony forming units per gram (CFU/g) when directions are for using the product in grams or in colony forming units per pound (CFU/lb) when directions are for using the product in pounds. A parenthetical statement following the guarantee must list each species in order of predominance.

Source: 19 SDR 61, effective October 26, 1992.

General Authority: SDCL 39-14-54, 39-14-60.

Law Implemented: SDCL 39-14-54, 39-14-60.

Rule 12:53:01:13 Commercial feed tonnage inspection fee.

12:53:01:13. Commercial feed tonnage inspection fee. Subject to the provisions and exceptions in SDCL 39-14-43, the tonnage inspection fee for commercial feeds is ten cents a ton.

Source: 19 SDR 198, effective July 1, 1993; 28 SDR 12, effective August 8, 2001; 31 SDR 94, effective December 30, 2004l; 46 SDR 81, effective December 31, 2019.

General Authority: SDCL 39-14-43.

Law Implemented: SDCL 39-14-43.

Rule 12:53:01:14 Repealed.

12:53:01:14. Format of advisory statements on labels of ruminant livestock feeds. Repealed.

Source: 28 SDR 12, effective August 8, 2001; SL 2018, ch 246, § 3, effective July 1, 2018.

Rule 12:53:01:15 Repealed.

12:53:01:15. Handling or storage of prohibited animal protein products in facilities that manufacture ruminant livestock feeds. Repealed.

Source: 28 SDR 12, effective August 8, 2001; SL 2018, ch 246, § 4, effective July 1, 2018.

Rule 12:53:01:16 Repealed.

12:53:01:16. Handling or storage of prohibited animal protein products by persons that transport or store ruminant livestock feeds. Repealed.

Source: 28 SDR 12, effective August 8, 2001; 28 SDR 119 effective March 3, 2002; SL 2018, ch 246, § 5, effective July 1, 2018.

Rule 12:53:01:17 Disposition of spilled feed products.

12:53:01:17. Disposition of spilled feed products. Any person who stores, handles, or transports packaged feed products containing prohibited animal proteins must dispose of any spilled feed materials in an appropriate manner that does not risk contamination of ruminant livestock feeds.

Source: 28 SDR 12, effective August 8, 2001.

General Authority: SDCL 39-14-60.

Law Implemented: SDCL 39-14-60.

Rule 12:53:01:18 Maximum sulfur percentage required on label of distillers products and corn gluten feed.

12:53:01:18. Maximum sulfur percentage required on label of distillers products and corn gluten feed. The label of distillers products and corn gluten feed, as defined in the Official Publication of the Association of American Feed Control Officials, Incorporated, 2003 Edition, pages 244-245 and 263, must state the maximum sulfur in the product. The sulfur guarantee must be stated in terms of percentage.

Source: 30 SDR 115, effective February 2, 2004.

General Authority: SDCL 39-14-60.

Law Implemented: SDCL 39-14-60.

Reference: Feed Ingredient Definitions, pages 244, 245, and 263; 2003 Official Publication of the Association of American Feed Control Officials, Incorporated; published by the Association of American Feed Control Officials, Incorporated. Copies may be obtained from Sharon Senesac, Assistant Secretary-Treasurer, PO Box 478, Oxford, Indiana, 47971, for $50 in the United States and Canada and $65 for foreign orders.

Rule 12:53:02 CONTESTED CASE PROCEDURE

CHAPTER 12:53:02

CONTESTED CASE PROCEDURE

Section

12:53:02:01 Initiation of contested case hearing.

12:53:02:02 Contested case hearing.

12:53:02:03 Final decision.

12:53:02:04 Amendment of application of registration.

Rule 12:53:02:01 Initiation of contested case hearing.

12:53:02:01. Initiation of contested case hearing. A person whose application for registration of commercial feed is refused or whose registration of commercial feed is cancelled may request a contested case hearing regarding the refusal or cancellation. A sufficient request shall include the following:

(1) Identification of the commercial feed registration application that was refused or the commercial feed registration that was cancelled;

(2) A statement of the reasons the refusal or cancellation is in error;

(3) Data, if any, supporting the allegation that the refusal or cancellation is in error; and

(4) The name, address, telephone number, and signature of the person or his attorney.

Source: 9 SDR 81, effective December 26, 1982; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

General Authority: SDCL 39-14-60.

Law Implemented: SDCL 39-14-42.

Rule 12:53:02:02 Contested case hearing.

12:53:02:02. Contested case hearing. A contested case hearing shall be held by the secretary or a hearing examiner appointed by him within 30 days after the receipt of a sufficient request.

Source: 9 SDR 81, effective December 26, 1982; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

General Authority: SDCL 39-14-60.

Law Implemented: SDCL 39-14-42.

Rule 12:53:02:03 Final decision.

12:53:02:03. Final decision. The secretary shall issue a final decision in a contested case hearing within 20 days after the hearing. The secretary may take an additional 10 days to issue his final decision upon written notice to all parties.

Source: 9 SDR 81, effective December 26, 1982; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

General Authority: SDCL 39-14-60.

Law Implemented: SDCL 39-14-42.

Rule 12:53:02:04 Amendment of application of registration.

12:53:02:04. Amendment of application or registration. The secretary shall allow a person whose application for registration of commercial feed is refused or whose registration of commercial feed is cancelled to amend the application or registration to bring it into compliance with SDCL 39-14 or article 12:53 at any stage and regardless of the initiation of the contested case hearing procedure. Copies of the amendments shall be served on all parties. If, in the opinion of the secretary, an amendment brings the application or registration into compliance, the contested case hearing shall be dismissed without prejudice to any party. If, in the opinion of the secretary, an amendment does not bring the application or registration into compliance, the sufficiency of the amendment shall be an issue at the contested case hearing.

Source: 9 SDR 81, effective December 26, 1982; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

General Authority: SDCL 39-14-60.

Law Implemented: SDCL 39-14-42.

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