12:79:04:01Marbling.

Beef product bearing the certification mark may be certified as either tier one or tier two. Once beef product qualifies for certification as either tier one or tier two, it may bear the certification mark and be identified with tradenames identified with tier one beef or tier two beef product as specified in the license agreement. Tier one and tier two beef products are determined as follows: (1) To be certified as tier one, a beef carcass shall earn a minimum marbling score of "Modest 0" under the USDA Quality Grading System as prescribed in United States Standards for Grades of Carcass Beef, effective January 31, 1997, as published by the Livestock and Seed Program of the Agricultural Marketing Service, USDA, or by an equivalent system for determining marbling as approved in advance in writing by the commissioner; (2) To be certified as tier two, a beef carcass shall earn a minimum marbling score of "Slight 0" under the USDA Quality Grading System as prescribed in United State Standards for Grades of Carcass Beef, effective January 31, 1997, as published by the Livestock and Seed Program of the Agricultural Marketing Service, USDA, or by an equivalent system for determining marbling as approved in advance in writing by the commissioner.

Source: 32 SDR 31, effective August 29, 2005; SL 2019, ch 235, § 37 and 38, effective April 14, 2019.