39-11-1
Definition of terms.
39-11-2
License required for egg dealing or processing--Exceptions.
39-11-3
Repealed.
39-11-4
Issuance of license on compliance with requirements--Examination for candler's
license.
39-11-5
Annual fees for classes of licenses--License required to candle or grade.
39-11-6
Expiration and renewal of licenses--Late renewal fee.
39-11-7
Regulations governing grading, production, and distribution standards--Plant
requirements--Enforcement.
39-11-7.1
Repealed.
39-11-7.2
Repealed.
39-11-8
Federal standards as guide in establishing grade requirements.
39-11-9
Candling required before payment of producers--Payment based on estimated value.
39-11-10
Candling and grading records required of licensee--Open for examination.
39-11-11
Eggs purchased for processing exempt from grading requirements.
39-11-12
Conditions making eggs unfit for human food.
39-11-13
Excessive dockage by dealer prohibited--Accurate grading required.
39-11-14
Possession of unfit eggs prohibited--Denatured egg products for animal foods
allowed.
39-11-15
Violation of chapter as petty offense.
39-11-16
Stop-sale order on products in violation--Effect.
39-11-17
Violation as ground for revocation of license--Notice and opportunity for hearing.
39-11-18
Repealed.
39-11-1. Definition of terms.
Terms used in this chapter, unless the context otherwise plainly requires, shall mean:
(1) "Consumer," any person who purchases eggs for his use, but not for resale;
(2) "Eggs," eggs in the shell of a domesticated chicken, turkey, duck, goose, or guinea;
(3) "Egg products," whole eggs, whole egg blends, albumin or whites, or yolks, plain, sugared, or salted in liquid, frozen, or dried form;
(4) "Institutional consumer," any hospital, commercial bakery, lodging, or food service establishment as defined in chapter 34-18, or other institution or place in which eggs are prepared as food for customers, residents, or patients;
(5) "Secretary," the secretary of the State Department of Agriculture and Natural Resources;
(6) "Set-in station," any place of business where eggs are collected to be transported to a Class B licensee.
Source: SL 1949, ch 82, § 1; SL 1953, ch 91; SDC Supp 1960, § 22.0801; SL 1965, ch 105, § 1; SL 1972, ch 215, §§ 1 to 4, 8; SL 1975, ch 254, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
39-11-2. License required for egg dealing or processing--Exceptions.
No person shall engage in the business of buying, selling, processing, candling, grading, packing, or distributing eggs in South Dakota without having first obtained such license as may be required under the provisions of this chapter except:
(1) Retailers buying eggs from dealers licensed under the provisions of this chapter exclusively;
(2) Producers selling and delivering their own production exclusively to consumers; and
(3) Grocery wholesalers distributing to retail outlets eggs purchased from dealers licensed under the provisions of this chapter.
Source: SL 1949, ch 82, § 1; SL 1953, ch 91; SDC Supp 1960, § 22.0801; redes. SDC Supp 1960, § 22.0802 by SL 1965, ch 105, § 2; SL 1975, ch 254, § 2.
39-11-4. Issuance of license on compliance with requirements--Examination for candler's license.
Licenses shall be issued by the secretary of agriculture and natural resources to persons who apply therefor, pay the prescribed license fee and comply with the provisions of this chapter and the rules and regulations promulgated thereunder; provided, that such rules and regulations may require applicants for a license as a candler and grader of eggs to show competency by the successful passing of an examination prescribed by the secretary.
Source: SL 1953, ch 91; SDC Supp 1960, § 22.0801; redes. SDC Supp 1960, § 22.0802 by SL 1965, ch 105, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
39-11-5. Annual fees for classes of licenses--License required to candle or grade.
The annual fee for a license for each business location of the several classifications herein named is as follows:
(1) For set-in stations, buyers from producers only, and producers who pack and sell eggs produced only by their own flock, known as "Class A," ten dollars per year;
(2) For wholesale dealers and dealers buying eggs from Class A licensees, known as "Class B," one hundred dollars per year.
Any natural person who candles or grades eggs shall be licensed. The license fee is ten dollars per year.
Source: SL 1949, ch 82, § 1; SL 1953, ch 91; SDC Supp 1960, § 22.0801; redes. SDC Supp 1960, § 22.0802 by SL 1965, ch 105, § 2; SL 1972, ch 215, § 5; SL 1975, ch 254, § 3; SL 1981, ch 286, § 8.
39-11-6. Expiration and renewal of licenses--Late renewal fee.
All licenses provided for in § 39-11-5 shall expire on the twenty-eighth day of February next following the issuance thereof unless sooner revoked and may be renewed upon proper application to the secretary. Any licensee who shall not apply for renewal of his license at least fifteen days before the expiration date shall be charged an additional twenty-five dollar fee.
Source: SL 1949, ch 82, § 1; SL 1953, ch 91; SDC Supp 1960, § 22.0801; redes. SDC Supp 1960, § 22.0802 by SL 1965, ch 105, § 2; SL 1975, ch 254, § 4.
39-11-7. Regulations governing grading, production, and distribution standards--Plant requirements--Enforcement.
For the protection of the public health and welfare and to secure uniformity in the marketing of eggs the secretary of agriculture and natural resources may promulgate rules concerning:
(1) The definition of purchase and retail standards and grades for eggs;
(2) The definition of production, processing, and distribution standards for eggs;
(3) The definition of minimum plant and equipment requirements for the labeling, selling, and storage of eggs;
(4) The definition of candling methods;
(5) The sale or exposure to sale of shell eggs to retail stores and the institutional consumer;
(6) The licensure of dealers and candler graders;
(7) Record-keeping requirements; and
(8) The provision of the issuance of stop sales.
Source: SL 1949, ch 82, § 5; SDC Supp 1960, § 22.0805; SL 1965, ch 105, § 5; SL 1974, ch 260, § 3; SL 1986, ch 326, § 68; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
39-11-8. Federal standards as guide in establishing grade requirements.
The specifications for grades and weight classes and the standards for quality of individual eggs or processed shell and liquid eggs shall be guided by those promulgated by the United States Department of Agriculture and set forth in the regulations.
Source: SDC Supp 1960, § 22.0805 as added by SL 1965, ch 105, § 5.
39-11-9. Candling required before payment of producers--Payment based on estimated value.
All eggs delivered by producers for sale must be candled before full payment therefor be made; provided, however, that before candling, the purchaser of such eggs may pay the producer up to ninety percent of the estimated value of such eggs as agreed upon between the purchaser and producer.
Source: SL 1949, ch 82, § 3; SL 1955, ch 68; SDC Supp 1960, § 22.0803; redes. SDC Supp 1960, § 22.0804 by SL 1965, ch 105, § 4.
39-11-10. Candling and grading records required of licensee--Open for examination.
Every licensee under this chapter shall keep such candling and grading records as may be required by the rules and regulations of the secretary of agriculture and natural resources, which records shall be open at all times for examination by the secretary or his duly authorized representatives.
Source: SL 1949, ch 82, § 3; SL 1955, ch 68; SDC Supp 1960, § 22.0803; redes. SDC Supp 1960, § 22.0804 by SL 1965, ch 105, § 4; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
39-11-11. Eggs purchased for processing exempt from grading requirements.
Eggs purchased by egg breakers and egg drying plants for the purpose of manufacturing liquid eggs, dried eggs, or frozen eggs are exempt from the candling and grading provisions.
Source: SDC Supp 1960, § 22.0804 as added by SL 1965, ch 105, § 4.
39-11-12. Conditions making eggs unfit for human food.
For the purposes of this chapter eggs shall be deemed unfit for human food if they show black rot, white rot, mixed rot, or if they be addled eggs, sour eggs, or eggs with green rot, eggs with stuck yolk, moldy eggs, or musty eggs, eggs showing blood rings, eggs containing embryo chicks (at or under the blood ring stage), and any other eggs or egg products that are filthy, decomposed, or putrid.
Source: SL 1919, ch 208, § 1; SDC 1939, § 22.0801; SL 1949, ch 82, § 2; SDC Supp 1960, § 22.0802; redes. SDC Supp 1960, § 22.0803 by SL 1965, ch 105, § 3; SL 1972, ch 215, § 6.
39-11-13. Excessive dockage by dealer prohibited--Accurate grading required.
No dealer in buying eggs or selling eggs shall take or give a greater or less dockage for eggs unfit for human food as defined in § 39-11-12 than the actual dockage as determined by the correct candling of the eggs purchased or sold, nor shall he undergrade eggs purchased or overgrade eggs sold as such grades are determined and classified from time to time by the secretary of agriculture and natural resources.
Source: SL 1949, ch 82, § 3; SL 1955, ch 68; SDC Supp 1960, § 22.0803; redes. SDC Supp 1960, § 22.0804 by SL 1965, ch 105, § 4; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
39-11-14. Possession of unfit eggs prohibited--Denatured egg products for animal foods allowed.
No licensee shall have in his possession any eggs which have been candled and graded as unfit for human consumption. However, egg products to be sold for animal foods may be held in possession if denatured or decharacterized in such manner as shall be described in rules or regulations.
Source: SL 1919, ch 208, § 1; SDC 1939, § 22.0802; SL 1949, ch 82, § 2; redes. SDC 1939, § 22.0803 by SL 1965, ch 105, § 3; SL 1972, ch 215, § 7; SL 1975, ch 254, § 5.
39-11-15. Violation of chapter as petty offense.
A violation of any provision of this chapter is a petty offense.
Source: SL 1919, ch 208, § 8; SDC 1939, § 22.9915; SL 1949, ch 82, § 7; SDC Supp 1960, § 22.9928; SL 1965, ch 105, § 8; SL 1977, ch 190, § 375.
39-11-16. Stop-sale order on products in violation--Effect.
If the secretary of agriculture and natural resources or his authorized representative shall determine, after inspection, that any lot of eggs or egg products is in violation of this chapter he may issue a stop-sale order on such lot or lots of eggs and promptly notify the owner or custodian of such order, such order shall specify the reason for its issuance. A stop-sale order shall prohibit the further marketing of such eggs until released by the secretary or his authorized agent.
Source: SDC Supp 1960, § 22.0806 as added by SL 1965, ch 105, § 6; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
39-11-17. Violation as ground for revocation of license--Notice and opportunity for hearing.
The secretary of agriculture and natural resources shall revoke or suspend any license issued pursuant to this chapter on evidence that the licensee has violated any of the provisions of this chapter or regulations promulgated thereunder or has refused to permit inspection or interfered with inspection. No license may be revoked or suspended unless the license holder has been given notice and an opportunity for hearing pursuant to chapter 1-26.
Source: SL 1949, ch 82, § 6; SDC Supp 1960, § 22.0806; SL 1965, ch 105, § 6; SL 1975, ch 254, § 6; SL 2003, ch 216, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
