12:77:01:01. Procedure for requesting declaratory rulings. Persons requesting the American Dairy Association of South Dakota for a declaratory ruling shall follow the procedure set forth in chapter 12:01:01.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority:SDCL 40-31-6.
Law Implemented:SDCL 40-31-6.
CHAPTER 12:77:02
MONTHLY REPORTS
Section
12:77:02:01 Dealers required to report on prescribed form.
12:77:02:02 Producers required to file report.
12:77:02:01. Dealers required to report on prescribed form. A dealer required to make a report with the American Dairy Association of South Dakota shall file the following information:
(1) Dealer name;
(2) Dealer address;
(3) Report date;
(4) Reporting period;
(5) Value of milk and cream purchased from all producers;
(6) Value of milk and cream purchased from out-of-state producers;
(7) Value of milk and cream purchased from South Dakota producers;
(8) Remittance value of milk and cream;
(9) Penalty to be paid, if any; and
(10) Total remittance.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority:SDCL 40-31-6.
Law Implemented:SDCL 40-31-13.
12:77:02:02. Producers required to file report. A producer making sales direct to consumers or to a dealer outside of the state that does not deduct an assessment or set aside under an agreement with the American Dairy Association of South Dakota, shall file a report with the American Dairy Association of South Dakota at its office in Brookings, South Dakota, by the 15th day of each following month covering the milk or cream sold and required to be reported. The report shall be filed on forms provided by the association.
A producer shall not include in the report any milk or cream sold to a dealer in the state or to a dealer outside the state who, by agreement with the association, deducts the set aside in making settlement with the producer for milk or cream sold to him.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority:SDCL 40-31-6.
Law Implemented:SDCL 40-31-12.
12:77:03:01. Form of claim for refund. A claim for refund shall contain the following information:
(1) Claimant's name;
(2) His state of residence;
(3) His post office address;
(4) The claim period;
(5) Number of cows milked;
(6) Products sold;
(7) Date of sales;
(8) Names of buyers;
(9) Gross value of sale;
(10) Amount of American Dairy Association deduction;
(11) Total value of product sold;
(12) Total assessment deducted;
(13) Amount of refund claimed;
(14) A perjury statement;
(15) The date of application; and
(16) The claimant's signature in ink.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority:SDCL 40-31-6.
Law Implemented:SDCL 40-31-17.
CHAPTER 12:77:04
RECORDS OF DEALERS AND PRODUCERS
Section
12:77:04:01 Information to be maintained regarding out-of-state purchases by dealers.
12:77:04:01. Information to be maintained regarding out-of-state purchases by dealers. The information kept by the dealer on purchases from producers residing outside of the state may be disclosed on daily records along with other information required by this article, provided such information is readily determinable from the daily records. If the daily records do not readily disclose such information, the dealer shall keep a separate daily record disclosing only the purchases of milk or cream produced outside the state. The information on purchases of such products produced outside of the state shall be separately ascertainable so that the monthly totals may be recorded on the monthly report. The records shall disclose the name and address of the out-of-state producer and the value of milk or cream purchased from such a producer.
Source: SL 1975, ch 16, § 1; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority:SDCL 40-31-6.
Law Implemented:SDCL 40-31-12.
12:77:05:01. Assessment on milk and cream. The assessment authorized by SDCL 40-31-9 is one percent of the gross value of milk and cream produced in the state.
At no time may the assessment exceed the amount authorized under 7 C.F.R. 1150.152 published January 1, 1988.
Source: SL 1975, ch 16, § 1; 10 SDR 127, effective July 1, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 15 SDR 128, effective March 1, 1989.
General Authority:SDCL 40-31-6.
Law Implemented:SDCL 40-31-9.
