South Dakota Administrative Rules
Title 12 - Department of Agriculture
Article 12:78 - Livestock transactions
Chapter 12:78:01 - Livestock packer transactions
Section 12:78:01:01 - Definitions
Current through Register Vol. 50, page 114, March 25, 2024
Words defined in SDCL 40-15B-1 have the same meaning when used in this article. Other terms used in this article mean:
(1) "Base price," the price paid for livestock, delivered at the packing plant, before application of any premiums or discounts, expressed in dollars per hundred pounds of carcass weight;
(2) "Carcass merit premium or discount," any adjustment in the base price, calculated on carcass characteristics, as determined by a packer's specific carcass evaluation system, if the packer's system of premiums or discounts is known before sale and delivery, but the actual amount of any applicable premium or discount is not known until after slaughter. The premiums and discounts may be based on backfat thickness, fat marbling, calculated percentage of lean meat, dressing percentage, percentage of designated primal cuts yielded by a given animal or group of animals, or similar considerations;
(3) "Cold storage plant," any warehouse, as defined in SDCL 57A-7-102(1)(h), that is engaged in the business of storing meat food products or cold carcasses, or parts or products of carcasses of any livestock;
(4) "Contract," any verbal or written agreement between mutually consenting parties who are lawfully capable of contracting for agreed upon consideration;
(5) "Department," the South Dakota Department of Agriculture;
(6) "Direct purchase," any purchase of livestock for slaughter and delivered within 20 days of purchase, regardless of whether the purchase is made by means of a written or verbal agreement;
(7) "Frozen food locker plant," any warehouse, as defined in SDCL 57A-7-102(1)(h), that is engaged in the business of storing frozen meat food products or frozen carcasses, or frozen parts or products of carcasses of any livestock;
(8) "Non-carcass merit premium or discount," any adjustment in the base price of livestock offered by an individual packer, based on any factor other than carcass characteristics, if the actual amount of any applicable premium or discount is known before the sale and delivery of livestock. The premiums and discounts may be based on the timing of delivery, the number of animals included in a delivery, the particular production method or genetics of the livestock, or similar considerations;
(9) "Order buyer," any person representing packers or acting as their agent for the purpose of receiving, purchasing or soliciting slaughter livestock for customers at public markets or elsewhere;
(10) "Packer," any packer as defined in SDCL 40-15B-1, including:
The term packer does not include:
(11) "Packer buyer," any person engaged in the business of buying livestock as an employee or agent of a packer;
(12) "Person," any natural person, firm, copartnership, joint venture, association, limited liability company, corporation, estate, trust, business trust, or receiver;
(13) "Public consumption," the consumption of meat food products, except for products resulting from custom slaughter undertaken for the owners of livestock and used by such owners in their own households or by members of their households and nonpaying guests.
General Authority: SDCL 40-15B-7.
Law Implemented: SDCL 40-15B-4, 40-15B-7.