Terms used in this chapter mean:

(1) “Animal food manufacturer,” any person engaged in the business of manufacturing or processing animal food derived wholly or in part from carcasses, or parts or products of the carcasses, of livestock;

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(2) “Capable for use as human food,” any carcass, or part or product of a carcass of any livestock, unless it is denatured or otherwise identified as required by rules promulgated pursuant to chapter 1-26 by the secretary to deter its use as human food, or it is naturally inedible by humans;

(3) “Carcass,” any part, including viscera, of any slaughtered livestock, that is capable of being used for human food;

(4) “Custom exempt plant,” a person engaged in custom slaughtering and preparation of meat food products for household use by the owner as provided in subdivision 39-5-11(2);

(5) “Federal Meat Inspection Act,” the act of Congress approved March 4, 1907, as amended and extended to January 1, 1991 (21 U.S.C.) and the imported meat provisions of subsections 620(b), (c) as amended to January 1, 1991;

(6) “Inedible products renderer,” any person engaged in the business of rendering carcasses, or parts or products of the carcasses, of livestock, except rendering conducted under inspection or exemption under this chapter;

(7) “Inspector,” an employee or official of this state authorized by the secretary to inspect livestock or carcasses, parts thereof, or meat food products under this chapter;

(8) “Intrastate commerce,” commerce wholly within this state;

(9) “Label,” a display of written, printed, or graphic matter upon the immediate container (not including package liners) of any article;

(10) “Labeling,” any label or other written, printed, or graphic matter upon or accompanying any article or any of its containers or wrappers;

(11) “Livestock,” cattle, bison, sheep, swine, goats, equine, ratites, captive cervidae as permitted under § 40-3-14, and other species as requested by the owner and authorized by the secretary;

(12) “Livestock producer,” any natural person, partnership, or corporation if over fifty percent of his or its annual income is derived from production of agricultural products and on whose farm the number of livestock is in keeping with the size of the farm or the volume or character of the agricultural products produced thereon;

(13) “Meat,” the edible part of the muscle of cattle, bison, sheep, swine, goats, equine, ratites, captive cervidae, and other species as requested by the owner and authorized by the secretary, which is skeletal or which is found in the tongue, in the diaphragm, in the heart, or in the esophagus, with or without the accompanying and overlying fat, and the portions of bone, skin, sinew, nerve, and blood vessels which normally accompany the muscle tissue and which are not separated from it in the process of dressing. It does not include the muscle found in the lips, snout, or ears;

(14) “Meat broker,” any person engaged in the business of buying or selling livestock carcasses, parts thereof, or meat food products on commission, or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person;

(15) “Meat by–product,” any edible part other than meat which has been derived from one or more cattle, bison, sheep, swine, goats, equine, ratites, captive cervidae, and other species as requested by the owner and authorized by the secretary;

(16) “Meat food products,” any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any cattle, bison, sheep, swine, goats, equine, ratites, captive cervidae, and other species as requested by the owner and authorized by the secretary, excepting products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry, and which are exempted from definition as a meat food product by regulations promulgated by the secretary pursuant to chapter 1-26, under such conditions as the secretary may deem appropriate to effectuate the purposes of this chapter;

(17) “Meat processing establishment,” an official establishment as defined in this section engaged in the preparation or processing of meat food products;

(18) “Official certificate,” any certificate prescribed by rules promulgated pursuant to chapter 1-26 by the secretary for issuance by an inspector or other person performing official functions under this chapter;

(19) “Official establishment,” any establishment in this state as determined by the secretary at which inspection of the slaughter of livestock or the preparation of livestock carcasses or parts thereof or meat products is maintained under this chapter;

(20) “Official inspection legend,” any symbol prescribed by rules promulgated by the secretary pursuant to chapter 1-26 showing that an article was inspected and passed in accordance with this chapter;

(21) “Official mark,” the official inspection legend or any other symbol prescribed by rules promulgated by the secretary pursuant to chapter 1-26 to identify the status of any article or animal under this chapter;

(22) “Prepared,” slaughtered, canned, salted, rendered, boned, cut up, or otherwise manufactured or processed;

(23) “Retail dealer,” any person engaged in selling carcasses, parts thereof, or meat food products of cattle, bison, sheep, swine, goats, equine, ratites, captive cervidae, and other species as requested by the owner and authorized by the secretary;

(24) “Retail store meat processor,” a person engaged in the retail sale of food for human consumption, the retail sale of meat food products, and in the processing or preparation of meat or meat by–products for retail sale as meat food products;

(25) “Secretary,” executive secretary of the South Dakota Animal Industry Board, or any person authorized to act in his stead;

(26) “Slaughtering establishment,” an official establishment as defined in this section engaged in the slaughtering of livestock;

(27) “Veterinary inspector,” an employee or official of this state, licensed to practice veterinary medicine in this state, and authorized by the secretary to inspect livestock or carcasses, parts thereof, or meat food products under this chapter.

Source: SL 1968, ch 158, § 1; SL 1978, ch 282, § 1; SL 1991, ch 329, § 1; SL 1996, ch 248, § 1.