South Dakota Certified Beef Program established.
This Act shall be cited as the South Dakota Certified Beef Program Act of 2005.
Only beef products, whether live animals or finished consumer products, which have
been produced by registered participants in full compliance with all the applicable requirements
of this Act may be certified, identified, classified, packaged, labeled, or otherwise designated for
sale inside or outside this state as South Dakota Certified. Beef.
The secretary of the Department of Agriculture may establish quality protocols,
guidelines, program requirements, license fees, and license requirements and operate, supervise,
and control the South Dakota Certified beef program.
The use of any certification mark, trademark, service mark, copyright, or label of
the South Dakota Certified beef program shall be in accordance with the terms and conditions of
a valid license issued by the secretary. A violation of this section is a Class 6 felony.
Any data or financial information made or received by the secretary of agriculture
pursuant to this Act is not public record and is exempt from the provisions of
the secretary may provide information gathered pursuant to this Act to any government agency if
the information is needed for a government sponsored animal identification tracking program or
for any public health or safety reason.
The secretary of agriculture may by rule promulgated pursuant to chapter 1-26,
prescribe the following:
In addition to any other remedy provided by law, the secretary may revoke a license
for cause pursuant to chapter 1-26.
The secretary of agriculture and the secretary of tourism and state development shall
consult and cooperate, and shall exchange such services, personnel, and information as are
necessary and appropriate in order to develop, administer, and market the South Dakota Certified
There is hereby created within the state treasury the South Dakota Certified beef
fund, into which all license fees, inspection fees, and other fees or revenues paid to the state from
the operation of the South Dakota Certified beef program shall be deposited. All moneys in the
fund created by this section shall be used for the purpose of developing, administering, and
marketing the South Dakota Certified beef program. Expenditures from the fund shall be
appropriated through the normal budget process.
Whereas, this Act is necessary for the support of the state government and its
existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full
force and effect from and after its passage and approval.