(i) "Committee" means the Wyoming lean beef committeecreated by W.S. 11-40-102;
(ii) "Geographically exclusive license" means alicense which gives the licensee the sole right to market Wyoming lean beef atretail, or at wholesale for resale at retail, within the geographic marketspecified by the committee.
11-40-102. Creation of committee; composition; administrative support;compensation; officers; conflict of interest.
(a) There is created the Wyoming lean beef committee. Theinitial membership of the committee shall consist of eleven (11) members ofwhom five (5) shall be members of the faculty of the University of Wyoming, one(1) shall be a person with professional training and experience related tohuman health and diet, designated by the president of the University ofWyoming, five (5) shall be appointed by the governor of whom three (3) shall beproducers of beef cattle, one (1) shall be a person with training andexperience in finance, one (1) shall be a person with training and experiencein marketing and one (1) shall be the director of the department of agricultureor his designee serving ex officio. The members appointed by the governorshall serve three (3) year terms. The members designated by the president ofthe university shall serve at his pleasure.
(b) Administrative support for the committee shall be providedby and budgeted for by the University of Wyoming and thereafter it shall be theresponsibility of the department of agriculture.
(c) State employees serving on the committee shall receivetheir normal compensation from their agency. Other members of the committeeshall receive no compensation until the calendar year commencing after thecalendar year in which the state first receives one thousand dollars($1,000.00) in royalty for the use of the Wyoming lean beef trademark at whichtime they shall begin receiving mileage and per diem at the same rate as statelegislators.
(d) Every person or organization who pays royalty for more thanfive hundred (500) head of cattle for the use of the Wyoming lean beeftrademark or trade name shall be entitled to designate one (1) nonvoting memberof the Wyoming lean beef committee. This right shall be extended for thebalance of the year in which necessary royalty is first paid and for the yearfollowing any year in which the necessary royalty is paid. Committee membersdesignated under this subsection shall receive no compensation from the statefor their services.
(e) The committee shall annually select from among its membersa chairman and other officers deemed necessary.
(f) If any member of the committee has applied for or receiveda license to market Wyoming lean beef or has a financial interest in anyorganization which has applied for or received a license to market Wyoming leanbeef he shall disclose that interest at this first appropriate time during anopen meeting of the committee and shall not vote on the issuance of thatlicense, on the issuance of any license for a geographically exclusive area forwhich he or his organization is also seeking a geographically exclusivelicense, or any other matter uniquely affecting his license.
11-40-103. Powers and duties of the committee.
(a) The committee shall:
(i) Promulgate regulations establishing quality standards asprovided by W.S. 11-40-104 and modify these standards from time to time asnecessary;
(ii) Establish regulations and procedures for licensing personsto use the trademark or trade name "Wyoming lean beef";
(iii) Enforce the quality standards for Wyoming lean beef;
(iv) As soon as possible register in the name of the state ofWyoming a trademark or trade name using the words "Wyoming lean beef"with the United States government and with any state where such registrationappears prudent;
(v) Take any actions necessary to collect the royalties due thestate of Wyoming for the use of the "Wyoming lean beef" trademark ortrade name; and
(vi) Register labels to be used on Wyoming lean beef withappropriate agencies of the United States government and any state or foreigncountry.
(b) The committee may:
(i) Make recommendations to the University of Wyoming forfurther research concerning Wyoming lean beef;
(ii) Conduct and coordinate advertising and promotion campaignsas provided by W.S. 11-40-107;
(iii) Take any action necessary to prevent infringement of thetrademark or trade name by others;
(iv) Authorize the use of public claims that adherence to thequality standards for Wyoming lean beef is certified to by the state of Wyomingand authorize the use of symbols associated with the state of Wyoming includingthe great seal of the state of Wyoming in connection with the claims;
(v) Receive and disburse funds for advertising, promotion andproduct development as provided by this chapter and accept voluntarycontributions and grants for these purposes;
(vi) Contract with other state agencies, agencies of the UnitedStates government and private parties to carry out the purposes of thischapter; and
(vii) Sue and be sued as a committee without individual liabilityfor acts relating to the powers and duties of the committee.
11-40-104. Standards for Wyoming lean beef.
(a) The committee shall establish quality standards for Wyominglean beef in accordance with the following:
(i) Cattle qualifying shall graze the summer before slaughterin Wyoming. The committee may increase the proportion of time the cattle mustlive in Wyoming, specifying that particular portions of their lives must bespent in Wyoming and may impose altitude requirements and geographicrestrictions in whole or in part on any time spent outside Wyoming. Thecommittee shall not impose any altitude requirement on cattle within Wyoming.For the purposes of these standards, cattle shall be deemed to be living withinWyoming even though the pasture where the cattle are grazing is outside Wyomingif those cattle:
(A) Have free access to land within Wyoming; or
(B) Are in a pasture located not more than twenty-five (25)miles from the Wyoming border and the owner of the cattle is a Wyoming residentwho physically resides within Wyoming and has his principal place of business inWyoming.
(ii) Cattle qualifying shall be primarily grass fed cattle;
(iii) Cattle shall not be held in close confinement except forshort periods in connection with operations necessary in the management of thecattle, including but not limited to calving, branding, vaccinating, weaning,transportation and slaughter;
(iv) Cattle qualifying shall have a hot carcass weight of atleast four hundred (400) pounds. The committee may set a lighter minimumweight;
(v) Cattle qualifying shall have an untrimmed fat depth overthe rib eye muscle at the twelfth (12th) rib of less than or equal to threetenths (0.3) of one inch. The committee may decrease the amount of fatpermitted under this standard and may establish additional standards for fat. Except for ground beef, the committee shall not establish any fat standard thatwould permit more than three tenths (0.3) of one inch of untrimmed fat over therib eye muscle of the twelfth (12th) rib;
(vi) Carcasses shall be electrically stimulated within one (1)hour after stunning. The committee may permit other treatments with similareffect in lieu of electrical stimulation and may eliminate this requirement ifit no longer appears necessary to ensure adequate consumer acceptance;
(vii) Cattle shall not exceed thirty-two (32) months in age. Thecommittee may vary this standard or prescribe in its place a maturity levelthat is to be judged from the characteristics of the carcass. The committee mayalso establish a minimum age;
(viii) Cattle shall not be given any growth promoting hormone;
(ix) Cattle shall not be given subtherapeutic levels of anyantibiotic. This standard shall not be construed as prohibiting the use oftherapeutic levels of any antibiotic for therapeutic purposes.
(b) For ground beef the committee shall establish separatestandards which shall:
(i) Provide for a fat content of twenty percent (20%) or less. The committee may establish a lower fat content standard;
(ii) Include the same standards as are established pursuant toparagraphs (a)(i) through (iii), (viii) and (ix) of this section, but need notbe consistent with the standards established pursuant to the balance ofsubsection (a) of this section;
(iii) Provide any other standards that may be necessary for groundbeef.
(c) The committee may establish any additional quality standardwhich may be useful in:
(i) Improving the quality of the product;
(ii) Gaining consumer acceptance of the product;
(iii) Assisting in the enforcement of the remaining standards;and
(iv) Promoting human health and welfare through improvements inWyoming lean beef.
11-40-105. Licensing; use of trademark; royalty.
(a) The committee may license any person to market Wyoming leanbeef and use the label, trademark or trade name "Wyoming lean beef"who:
(i) Pays an annual licensing fee of one hundred dollars($100.00);
(ii) Pays an additional annual licensing fee of one thousanddollars ($1,000.00) for each state or fraction thereof for which the licenseehas obtained a geographically exclusive license;
(iii) Agrees to pay the royalty required by subsection (h) ofthis section;
(iv) Agrees to pay any additional royalty that may beestablished to support advertising and promotion programs;
(v) Agrees to abide by the standards established for Wyominglean beef and to market no beef as Wyoming lean beef that fails to meet thestandards;
(vi) Agrees to abide by applicable state and federal standardsrelating to public health and the slaughtering and preparation of meat forsale;
(vii) Agrees to abide by any other terms of the license thecommittee deems appropriate provided that the committee may make no term forthe purpose of creating a monopoly in the marketing of Wyoming lean beef.
(b) The committee may give geographically exclusive licensesfor markets outside Wyoming provided that the market shall not exceed the areathe licensee can reasonably be expected to serve within a reasonable period oftime and may be revoked in whole or in part for failure of the licensee toadequately supply the market with Wyoming lean beef. The committee may setspecific volume of sales targets for the license to meet in order to retain ageographically exclusive license. If more than one (1) person applies for ageographically exclusive license for the same area the committee may divide thearea or choose between the persons based on the criteria set forth insubsection (d) of this section.
(c) The issuance of a geographically exclusive license for aparticular geographic area shall not prohibit other licensees from sellingWyoming lean beef directly to residents of the geographic area if the sales arefor consumption and not for resale and are made within Wyoming or in responseto mail or telephone solicitation originating within Wyoming or in response toan advertisement in a publication of national circulation. No geographicallyexclusive license shall include any of the state of Wyoming. No geographicallyexclusive license shall include more than twenty (20) of the states of theUnited States until the licensee has actually served the market within thestates for which he is licensed.
(d) The committee may reject, restrict, accept, or accept inpart an application for a license to market Wyoming lean beef, or may choosebetween competing applicants based upon:
(i) The financial strength of the applicant;
(ii) The marketing expertise of the applicant and his specificmarketing plans;
(iii) The access of the applicant to a supply of Wyoming leanbeef;
(iv) The prior experience of the applicant in relevantbusinesses; and
(v) Any other standards or criteria the committee deemsappropriate.
(e) The committee may deny, revoke, suspend or limit thelicense of anyone who:
(i) Fails to abide by the provisions of subsection (a) of thissection or any terms of the license;
(ii) Is convicted of violating the public health laws of theUnited States or any state;
(iii) Is convicted or has been convicted of any felony;
(iv) Willfully or unintentionally but repeatedly markets beef asWyoming lean beef which does not meet the quality standards for Wyoming leanbeef.
(f) Any retailer who is selling Wyoming lean beef furnished byany person licensed to sell Wyoming lean beef may use the "Wyoming leanbeef" trademark or trade name in connection with any advertising orpromotion of that beef. The committee may forbid licensees to furnish anyWyoming lean beef to any retailer who labels any other beef as Wyoming leanbeef.
(g) The committee may seek through legal action monetarydamages from any person labeling or selling as Wyoming lean beef any beef whichdoes not meet the quality standards for Wyoming lean beef. Damages recoveredmay be used to reimburse the state for any expenses it may have incurred inconnection with the case and may be used for advertising and promotion toovercome any damage to the public image of Wyoming lean beef.
(h) The committee shall annually set the royalty to be paid bylicensees which shall be not less than fifty cents ($.50) per head and not morethan five dollars ($5.00) per head and shall be designed to defray the expensesof the committee, the expenses of the inspection and enforcement program andgive the state of Wyoming a return of eight percent (8%) per annum on themonies appropriated for the marketing of Wyoming lean beef by Chapter 199,Wyoming Session Laws 1985 and by any other legislative appropriation and spentby the University of Wyoming on the 1985 San Francisco simulated market test.The royalties shall be deposited in the general fund of the state except thatfifty percent (50%) of any royalties in excess of the amount budgeted for theexpenses of the committee, the inspection and enforcement program and repaymentto the state shall be deposited in the University of Wyoming fund to the creditof the agricultural experiment station account.
11-40-106. Enforcement of standards.
(a) The committee may promulgate rules or regulations necessaryin the management of a program to enforce the standards for Wyoming lean beef.
(b) The committee may require licenses to conduct anyinspections of ranching or slaughter operations necessary to insure compliancewith Wyoming lean beef standards. The committee may require that thisinspection program complies with any requirements imposed by the federalgovernment to insure that the quality standards are met or that claims made onany label for, or advertising concerning, Wyoming lean beef are valid. Nothingin this subsection shall prevent the committee from having necessaryinspections performed by employees of the department of agriculture orcommittee members or other appropriate persons.
11-40-107. Cooperative advertising and promotion.
(a) The committee may provide for the collection of additionalroyalties on the sale of Wyoming lean beef to pay for advertising and promotionprograms. Such royalties may be levied on all Wyoming lean beef sold to payfor national advertising and promotion programs or only on Wyoming lean beefsold in particular markets or through particular channels of distribution topay for advertising aimed at those markets, or both. If the volume of sales onwhich royalty is paid in a market in the previous year is fifty thousanddollars ($50,000.00) or more, the additional royalties may be imposed on thatmarket only with the consent of the persons paying two-thirds (2/3) of theroyalties paid in that previous year. The committee shall define as necessarythe markets and may classify sales as being in more than one (1) market. Anyother assessment method may be used in whole or in part with the consent of allpersons liable for the assessment. The royalties or assessment shall bedeposited in a separate account and shall be expended for advertising,promotion, product development and the expenses connected therewith in themarket for which the royalty or assessment is collected. The committee mayauthorize the expenditure of funds in the account or may delegate thatauthority to the subcommittees provided by subsection (b) of this section.
(b) To administer the advertising and promotion campaigns, thecommittee shall appoint a subcommittee for each market for which funds areseparately collected. The subcommittee shall consist of at least one (1)voting member of the committee and any nonvoting members of the committeerepresenting persons who pay additional royalties or assessments for thatmarket and who shall be entitled to vote within the subcommittee. The fullcommittee may give the subcommittee guidelines and directions it shall followand may choose to reserve to itself the right to veto all subcommittee actionsor particular classes of subcommittee actions. When considering actions orinformation the knowledge of which could give competitors a commercialadvantage, the subcommittee may hold executive sessions.
11-40-108. Wyoming supreme beef.
(a) The committee may register in the name of the state ofWyoming a trademark or trade name for "Wyoming supreme beef","Wyoming premium beef" or some similar name containing the name ofthe state of "Wyoming". This trademark or trade name for beef shallbe used to designate a product which may be produced with some period in aconventional feed lot. For this brand of beef the committee may:
(i) Establish standards as necessary which shall be the same asthe standards established for Wyoming lean beef pursuant to W.S.11-40-104(a)(i), (viii) and (ix), but need not be consistent with otherstandards established for Wyoming lean beef;
(ii) Provide for a program for inspection and enforcement of thestandards;
(iii) Provide for licensing of persons to market the beef in thesame manner as licensing is provided for Wyoming lean beef;
(iv) Provide for royalty collection, enforcement of licenseterms, protection of trademark and trade name from infringement and cooperativeadvertising in the same manner as provided for Wyoming lean beef.
11-40-109. Termination of existence of committee.
(a) Repealed By Laws 2010, Ch. 69, 204.
(b) If the sales volume falls below one million dollars($1,000,000.00) for three (3) successive years, the existence of the committeeshall terminate on July 1 of the fourth year.
(i) "Committee" means the Wyoming lean beef committeecreated by W.S. 11-40-102;
(ii) "Geographically exclusive license" means alicense which gives the licensee the sole right to market Wyoming lean beef atretail, or at wholesale for resale at retail, within the geographic marketspecified by the committee.
11-40-102. Creation of committee; composition; administrative support;compensation; officers; conflict of interest.
(a) There is created the Wyoming lean beef committee. Theinitial membership of the committee shall consist of eleven (11) members ofwhom five (5) shall be members of the faculty of the University of Wyoming, one(1) shall be a person with professional training and experience related tohuman health and diet, designated by the president of the University ofWyoming, five (5) shall be appointed by the governor of whom three (3) shall beproducers of beef cattle, one (1) shall be a person with training andexperience in finance, one (1) shall be a person with training and experiencein marketing and one (1) shall be the director of the department of agricultureor his designee serving ex officio. The members appointed by the governorshall serve three (3) year terms. The members designated by the president ofthe university shall serve at his pleasure.
(b) Administrative support for the committee shall be providedby and budgeted for by the University of Wyoming and thereafter it shall be theresponsibility of the department of agriculture.
(c) State employees serving on the committee shall receivetheir normal compensation from their agency. Other members of the committeeshall receive no compensation until the calendar year commencing after thecalendar year in which the state first receives one thousand dollars($1,000.00) in royalty for the use of the Wyoming lean beef trademark at whichtime they shall begin receiving mileage and per diem at the same rate as statelegislators.
(d) Every person or organization who pays royalty for more thanfive hundred (500) head of cattle for the use of the Wyoming lean beeftrademark or trade name shall be entitled to designate one (1) nonvoting memberof the Wyoming lean beef committee. This right shall be extended for thebalance of the year in which necessary royalty is first paid and for the yearfollowing any year in which the necessary royalty is paid. Committee membersdesignated under this subsection shall receive no compensation from the statefor their services.
(e) The committee shall annually select from among its membersa chairman and other officers deemed necessary.
(f) If any member of the committee has applied for or receiveda license to market Wyoming lean beef or has a financial interest in anyorganization which has applied for or received a license to market Wyoming leanbeef he shall disclose that interest at this first appropriate time during anopen meeting of the committee and shall not vote on the issuance of thatlicense, on the issuance of any license for a geographically exclusive area forwhich he or his organization is also seeking a geographically exclusivelicense, or any other matter uniquely affecting his license.
11-40-103. Powers and duties of the committee.
(a) The committee shall:
(i) Promulgate regulations establishing quality standards asprovided by W.S. 11-40-104 and modify these standards from time to time asnecessary;
(ii) Establish regulations and procedures for licensing personsto use the trademark or trade name "Wyoming lean beef";
(iii) Enforce the quality standards for Wyoming lean beef;
(iv) As soon as possible register in the name of the state ofWyoming a trademark or trade name using the words "Wyoming lean beef"with the United States government and with any state where such registrationappears prudent;
(v) Take any actions necessary to collect the royalties due thestate of Wyoming for the use of the "Wyoming lean beef" trademark ortrade name; and
(vi) Register labels to be used on Wyoming lean beef withappropriate agencies of the United States government and any state or foreigncountry.
(b) The committee may:
(i) Make recommendations to the University of Wyoming forfurther research concerning Wyoming lean beef;
(ii) Conduct and coordinate advertising and promotion campaignsas provided by W.S. 11-40-107;
(iii) Take any action necessary to prevent infringement of thetrademark or trade name by others;
(iv) Authorize the use of public claims that adherence to thequality standards for Wyoming lean beef is certified to by the state of Wyomingand authorize the use of symbols associated with the state of Wyoming includingthe great seal of the state of Wyoming in connection with the claims;
(v) Receive and disburse funds for advertising, promotion andproduct development as provided by this chapter and accept voluntarycontributions and grants for these purposes;
(vi) Contract with other state agencies, agencies of the UnitedStates government and private parties to carry out the purposes of thischapter; and
(vii) Sue and be sued as a committee without individual liabilityfor acts relating to the powers and duties of the committee.
11-40-104. Standards for Wyoming lean beef.
(a) The committee shall establish quality standards for Wyominglean beef in accordance with the following:
(i) Cattle qualifying shall graze the summer before slaughterin Wyoming. The committee may increase the proportion of time the cattle mustlive in Wyoming, specifying that particular portions of their lives must bespent in Wyoming and may impose altitude requirements and geographicrestrictions in whole or in part on any time spent outside Wyoming. Thecommittee shall not impose any altitude requirement on cattle within Wyoming.For the purposes of these standards, cattle shall be deemed to be living withinWyoming even though the pasture where the cattle are grazing is outside Wyomingif those cattle:
(A) Have free access to land within Wyoming; or
(B) Are in a pasture located not more than twenty-five (25)miles from the Wyoming border and the owner of the cattle is a Wyoming residentwho physically resides within Wyoming and has his principal place of business inWyoming.
(ii) Cattle qualifying shall be primarily grass fed cattle;
(iii) Cattle shall not be held in close confinement except forshort periods in connection with operations necessary in the management of thecattle, including but not limited to calving, branding, vaccinating, weaning,transportation and slaughter;
(iv) Cattle qualifying shall have a hot carcass weight of atleast four hundred (400) pounds. The committee may set a lighter minimumweight;
(v) Cattle qualifying shall have an untrimmed fat depth overthe rib eye muscle at the twelfth (12th) rib of less than or equal to threetenths (0.3) of one inch. The committee may decrease the amount of fatpermitted under this standard and may establish additional standards for fat. Except for ground beef, the committee shall not establish any fat standard thatwould permit more than three tenths (0.3) of one inch of untrimmed fat over therib eye muscle of the twelfth (12th) rib;
(vi) Carcasses shall be electrically stimulated within one (1)hour after stunning. The committee may permit other treatments with similareffect in lieu of electrical stimulation and may eliminate this requirement ifit no longer appears necessary to ensure adequate consumer acceptance;
(vii) Cattle shall not exceed thirty-two (32) months in age. Thecommittee may vary this standard or prescribe in its place a maturity levelthat is to be judged from the characteristics of the carcass. The committee mayalso establish a minimum age;
(viii) Cattle shall not be given any growth promoting hormone;
(ix) Cattle shall not be given subtherapeutic levels of anyantibiotic. This standard shall not be construed as prohibiting the use oftherapeutic levels of any antibiotic for therapeutic purposes.
(b) For ground beef the committee shall establish separatestandards which shall:
(i) Provide for a fat content of twenty percent (20%) or less. The committee may establish a lower fat content standard;
(ii) Include the same standards as are established pursuant toparagraphs (a)(i) through (iii), (viii) and (ix) of this section, but need notbe consistent with the standards established pursuant to the balance ofsubsection (a) of this section;
(iii) Provide any other standards that may be necessary for groundbeef.
(c) The committee may establish any additional quality standardwhich may be useful in:
(i) Improving the quality of the product;
(ii) Gaining consumer acceptance of the product;
(iii) Assisting in the enforcement of the remaining standards;and
(iv) Promoting human health and welfare through improvements inWyoming lean beef.
11-40-105. Licensing; use of trademark; royalty.
(a) The committee may license any person to market Wyoming leanbeef and use the label, trademark or trade name "Wyoming lean beef"who:
(i) Pays an annual licensing fee of one hundred dollars($100.00);
(ii) Pays an additional annual licensing fee of one thousanddollars ($1,000.00) for each state or fraction thereof for which the licenseehas obtained a geographically exclusive license;
(iii) Agrees to pay the royalty required by subsection (h) ofthis section;
(iv) Agrees to pay any additional royalty that may beestablished to support advertising and promotion programs;
(v) Agrees to abide by the standards established for Wyominglean beef and to market no beef as Wyoming lean beef that fails to meet thestandards;
(vi) Agrees to abide by applicable state and federal standardsrelating to public health and the slaughtering and preparation of meat forsale;
(vii) Agrees to abide by any other terms of the license thecommittee deems appropriate provided that the committee may make no term forthe purpose of creating a monopoly in the marketing of Wyoming lean beef.
(b) The committee may give geographically exclusive licensesfor markets outside Wyoming provided that the market shall not exceed the areathe licensee can reasonably be expected to serve within a reasonable period oftime and may be revoked in whole or in part for failure of the licensee toadequately supply the market with Wyoming lean beef. The committee may setspecific volume of sales targets for the license to meet in order to retain ageographically exclusive license. If more than one (1) person applies for ageographically exclusive license for the same area the committee may divide thearea or choose between the persons based on the criteria set forth insubsection (d) of this section.
(c) The issuance of a geographically exclusive license for aparticular geographic area shall not prohibit other licensees from sellingWyoming lean beef directly to residents of the geographic area if the sales arefor consumption and not for resale and are made within Wyoming or in responseto mail or telephone solicitation originating within Wyoming or in response toan advertisement in a publication of national circulation. No geographicallyexclusive license shall include any of the state of Wyoming. No geographicallyexclusive license shall include more than twenty (20) of the states of theUnited States until the licensee has actually served the market within thestates for which he is licensed.
(d) The committee may reject, restrict, accept, or accept inpart an application for a license to market Wyoming lean beef, or may choosebetween competing applicants based upon:
(i) The financial strength of the applicant;
(ii) The marketing expertise of the applicant and his specificmarketing plans;
(iii) The access of the applicant to a supply of Wyoming leanbeef;
(iv) The prior experience of the applicant in relevantbusinesses; and
(v) Any other standards or criteria the committee deemsappropriate.
(e) The committee may deny, revoke, suspend or limit thelicense of anyone who:
(i) Fails to abide by the provisions of subsection (a) of thissection or any terms of the license;
(ii) Is convicted of violating the public health laws of theUnited States or any state;
(iii) Is convicted or has been convicted of any felony;
(iv) Willfully or unintentionally but repeatedly markets beef asWyoming lean beef which does not meet the quality standards for Wyoming leanbeef.
(f) Any retailer who is selling Wyoming lean beef furnished byany person licensed to sell Wyoming lean beef may use the "Wyoming leanbeef" trademark or trade name in connection with any advertising orpromotion of that beef. The committee may forbid licensees to furnish anyWyoming lean beef to any retailer who labels any other beef as Wyoming leanbeef.
(g) The committee may seek through legal action monetarydamages from any person labeling or selling as Wyoming lean beef any beef whichdoes not meet the quality standards for Wyoming lean beef. Damages recoveredmay be used to reimburse the state for any expenses it may have incurred inconnection with the case and may be used for advertising and promotion toovercome any damage to the public image of Wyoming lean beef.
(h) The committee shall annually set the royalty to be paid bylicensees which shall be not less than fifty cents ($.50) per head and not morethan five dollars ($5.00) per head and shall be designed to defray the expensesof the committee, the expenses of the inspection and enforcement program andgive the state of Wyoming a return of eight percent (8%) per annum on themonies appropriated for the marketing of Wyoming lean beef by Chapter 199,Wyoming Session Laws 1985 and by any other legislative appropriation and spentby the University of Wyoming on the 1985 San Francisco simulated market test.The royalties shall be deposited in the general fund of the state except thatfifty percent (50%) of any royalties in excess of the amount budgeted for theexpenses of the committee, the inspection and enforcement program and repaymentto the state shall be deposited in the University of Wyoming fund to the creditof the agricultural experiment station account.
11-40-106. Enforcement of standards.
(a) The committee may promulgate rules or regulations necessaryin the management of a program to enforce the standards for Wyoming lean beef.
(b) The committee may require licenses to conduct anyinspections of ranching or slaughter operations necessary to insure compliancewith Wyoming lean beef standards. The committee may require that thisinspection program complies with any requirements imposed by the federalgovernment to insure that the quality standards are met or that claims made onany label for, or advertising concerning, Wyoming lean beef are valid. Nothingin this subsection shall prevent the committee from having necessaryinspections performed by employees of the department of agriculture orcommittee members or other appropriate persons.
11-40-107. Cooperative advertising and promotion.
(a) The committee may provide for the collection of additionalroyalties on the sale of Wyoming lean beef to pay for advertising and promotionprograms. Such royalties may be levied on all Wyoming lean beef sold to payfor national advertising and promotion programs or only on Wyoming lean beefsold in particular markets or through particular channels of distribution topay for advertising aimed at those markets, or both. If the volume of sales onwhich royalty is paid in a market in the previous year is fifty thousanddollars ($50,000.00) or more, the additional royalties may be imposed on thatmarket only with the consent of the persons paying two-thirds (2/3) of theroyalties paid in that previous year. The committee shall define as necessarythe markets and may classify sales as being in more than one (1) market. Anyother assessment method may be used in whole or in part with the consent of allpersons liable for the assessment. The royalties or assessment shall bedeposited in a separate account and shall be expended for advertising,promotion, product development and the expenses connected therewith in themarket for which the royalty or assessment is collected. The committee mayauthorize the expenditure of funds in the account or may delegate thatauthority to the subcommittees provided by subsection (b) of this section.
(b) To administer the advertising and promotion campaigns, thecommittee shall appoint a subcommittee for each market for which funds areseparately collected. The subcommittee shall consist of at least one (1)voting member of the committee and any nonvoting members of the committeerepresenting persons who pay additional royalties or assessments for thatmarket and who shall be entitled to vote within the subcommittee. The fullcommittee may give the subcommittee guidelines and directions it shall followand may choose to reserve to itself the right to veto all subcommittee actionsor particular classes of subcommittee actions. When considering actions orinformation the knowledge of which could give competitors a commercialadvantage, the subcommittee may hold executive sessions.
11-40-108. Wyoming supreme beef.
(a) The committee may register in the name of the state ofWyoming a trademark or trade name for "Wyoming supreme beef","Wyoming premium beef" or some similar name containing the name ofthe state of "Wyoming". This trademark or trade name for beef shallbe used to designate a product which may be produced with some period in aconventional feed lot. For this brand of beef the committee may:
(i) Establish standards as necessary which shall be the same asthe standards established for Wyoming lean beef pursuant to W.S.11-40-104(a)(i), (viii) and (ix), but need not be consistent with otherstandards established for Wyoming lean beef;
(ii) Provide for a program for inspection and enforcement of thestandards;
(iii) Provide for licensing of persons to market the beef in thesame manner as licensing is provided for Wyoming lean beef;
(iv) Provide for royalty collection, enforcement of licenseterms, protection of trademark and trade name from infringement and cooperativeadvertising in the same manner as provided for Wyoming lean beef.
11-40-109. Termination of existence of committee.
(a) Repealed By Laws 2010, Ch. 69, 204.
(b) If the sales volume falls below one million dollars($1,000,000.00) for three (3) successive years, the existence of the committeeshall terminate on July 1 of the fourth year.
(i) "Committee" means the Wyoming lean beef committeecreated by W.S. 11-40-102;
(ii) "Geographically exclusive license" means alicense which gives the licensee the sole right to market Wyoming lean beef atretail, or at wholesale for resale at retail, within the geographic marketspecified by the committee.
11-40-102. Creation of committee; composition; administrative support;compensation; officers; conflict of interest.
(a) There is created the Wyoming lean beef committee. Theinitial membership of the committee shall consist of eleven (11) members ofwhom five (5) shall be members of the faculty of the University of Wyoming, one(1) shall be a person with professional training and experience related tohuman health and diet, designated by the president of the University ofWyoming, five (5) shall be appointed by the governor of whom three (3) shall beproducers of beef cattle, one (1) shall be a person with training andexperience in finance, one (1) shall be a person with training and experiencein marketing and one (1) shall be the director of the department of agricultureor his designee serving ex officio. The members appointed by the governorshall serve three (3) year terms. The members designated by the president ofthe university shall serve at his pleasure.
(b) Administrative support for the committee shall be providedby and budgeted for by the University of Wyoming and thereafter it shall be theresponsibility of the department of agriculture.
(c) State employees serving on the committee shall receivetheir normal compensation from their agency. Other members of the committeeshall receive no compensation until the calendar year commencing after thecalendar year in which the state first receives one thousand dollars($1,000.00) in royalty for the use of the Wyoming lean beef trademark at whichtime they shall begin receiving mileage and per diem at the same rate as statelegislators.
(d) Every person or organization who pays royalty for more thanfive hundred (500) head of cattle for the use of the Wyoming lean beeftrademark or trade name shall be entitled to designate one (1) nonvoting memberof the Wyoming lean beef committee. This right shall be extended for thebalance of the year in which necessary royalty is first paid and for the yearfollowing any year in which the necessary royalty is paid. Committee membersdesignated under this subsection shall receive no compensation from the statefor their services.
(e) The committee shall annually select from among its membersa chairman and other officers deemed necessary.
(f) If any member of the committee has applied for or receiveda license to market Wyoming lean beef or has a financial interest in anyorganization which has applied for or received a license to market Wyoming leanbeef he shall disclose that interest at this first appropriate time during anopen meeting of the committee and shall not vote on the issuance of thatlicense, on the issuance of any license for a geographically exclusive area forwhich he or his organization is also seeking a geographically exclusivelicense, or any other matter uniquely affecting his license.
11-40-103. Powers and duties of the committee.
(a) The committee shall:
(i) Promulgate regulations establishing quality standards asprovided by W.S. 11-40-104 and modify these standards from time to time asnecessary;
(ii) Establish regulations and procedures for licensing personsto use the trademark or trade name "Wyoming lean beef";
(iii) Enforce the quality standards for Wyoming lean beef;
(iv) As soon as possible register in the name of the state ofWyoming a trademark or trade name using the words "Wyoming lean beef"with the United States government and with any state where such registrationappears prudent;
(v) Take any actions necessary to collect the royalties due thestate of Wyoming for the use of the "Wyoming lean beef" trademark ortrade name; and
(vi) Register labels to be used on Wyoming lean beef withappropriate agencies of the United States government and any state or foreigncountry.
(b) The committee may:
(i) Make recommendations to the University of Wyoming forfurther research concerning Wyoming lean beef;
(ii) Conduct and coordinate advertising and promotion campaignsas provided by W.S. 11-40-107;
(iii) Take any action necessary to prevent infringement of thetrademark or trade name by others;
(iv) Authorize the use of public claims that adherence to thequality standards for Wyoming lean beef is certified to by the state of Wyomingand authorize the use of symbols associated with the state of Wyoming includingthe great seal of the state of Wyoming in connection with the claims;
(v) Receive and disburse funds for advertising, promotion andproduct development as provided by this chapter and accept voluntarycontributions and grants for these purposes;
(vi) Contract with other state agencies, agencies of the UnitedStates government and private parties to carry out the purposes of thischapter; and
(vii) Sue and be sued as a committee without individual liabilityfor acts relating to the powers and duties of the committee.
11-40-104. Standards for Wyoming lean beef.
(a) The committee shall establish quality standards for Wyominglean beef in accordance with the following:
(i) Cattle qualifying shall graze the summer before slaughterin Wyoming. The committee may increase the proportion of time the cattle mustlive in Wyoming, specifying that particular portions of their lives must bespent in Wyoming and may impose altitude requirements and geographicrestrictions in whole or in part on any time spent outside Wyoming. Thecommittee shall not impose any altitude requirement on cattle within Wyoming.For the purposes of these standards, cattle shall be deemed to be living withinWyoming even though the pasture where the cattle are grazing is outside Wyomingif those cattle:
(A) Have free access to land within Wyoming; or
(B) Are in a pasture located not more than twenty-five (25)miles from the Wyoming border and the owner of the cattle is a Wyoming residentwho physically resides within Wyoming and has his principal place of business inWyoming.
(ii) Cattle qualifying shall be primarily grass fed cattle;
(iii) Cattle shall not be held in close confinement except forshort periods in connection with operations necessary in the management of thecattle, including but not limited to calving, branding, vaccinating, weaning,transportation and slaughter;
(iv) Cattle qualifying shall have a hot carcass weight of atleast four hundred (400) pounds. The committee may set a lighter minimumweight;
(v) Cattle qualifying shall have an untrimmed fat depth overthe rib eye muscle at the twelfth (12th) rib of less than or equal to threetenths (0.3) of one inch. The committee may decrease the amount of fatpermitted under this standard and may establish additional standards for fat. Except for ground beef, the committee shall not establish any fat standard thatwould permit more than three tenths (0.3) of one inch of untrimmed fat over therib eye muscle of the twelfth (12th) rib;
(vi) Carcasses shall be electrically stimulated within one (1)hour after stunning. The committee may permit other treatments with similareffect in lieu of electrical stimulation and may eliminate this requirement ifit no longer appears necessary to ensure adequate consumer acceptance;
(vii) Cattle shall not exceed thirty-two (32) months in age. Thecommittee may vary this standard or prescribe in its place a maturity levelthat is to be judged from the characteristics of the carcass. The committee mayalso establish a minimum age;
(viii) Cattle shall not be given any growth promoting hormone;
(ix) Cattle shall not be given subtherapeutic levels of anyantibiotic. This standard shall not be construed as prohibiting the use oftherapeutic levels of any antibiotic for therapeutic purposes.
(b) For ground beef the committee shall establish separatestandards which shall:
(i) Provide for a fat content of twenty percent (20%) or less. The committee may establish a lower fat content standard;
(ii) Include the same standards as are established pursuant toparagraphs (a)(i) through (iii), (viii) and (ix) of this section, but need notbe consistent with the standards established pursuant to the balance ofsubsection (a) of this section;
(iii) Provide any other standards that may be necessary for groundbeef.
(c) The committee may establish any additional quality standardwhich may be useful in:
(i) Improving the quality of the product;
(ii) Gaining consumer acceptance of the product;
(iii) Assisting in the enforcement of the remaining standards;and
(iv) Promoting human health and welfare through improvements inWyoming lean beef.
11-40-105. Licensing; use of trademark; royalty.
(a) The committee may license any person to market Wyoming leanbeef and use the label, trademark or trade name "Wyoming lean beef"who:
(i) Pays an annual licensing fee of one hundred dollars($100.00);
(ii) Pays an additional annual licensing fee of one thousanddollars ($1,000.00) for each state or fraction thereof for which the licenseehas obtained a geographically exclusive license;
(iii) Agrees to pay the royalty required by subsection (h) ofthis section;
(iv) Agrees to pay any additional royalty that may beestablished to support advertising and promotion programs;
(v) Agrees to abide by the standards established for Wyominglean beef and to market no beef as Wyoming lean beef that fails to meet thestandards;
(vi) Agrees to abide by applicable state and federal standardsrelating to public health and the slaughtering and preparation of meat forsale;
(vii) Agrees to abide by any other terms of the license thecommittee deems appropriate provided that the committee may make no term forthe purpose of creating a monopoly in the marketing of Wyoming lean beef.
(b) The committee may give geographically exclusive licensesfor markets outside Wyoming provided that the market shall not exceed the areathe licensee can reasonably be expected to serve within a reasonable period oftime and may be revoked in whole or in part for failure of the licensee toadequately supply the market with Wyoming lean beef. The committee may setspecific volume of sales targets for the license to meet in order to retain ageographically exclusive license. If more than one (1) person applies for ageographically exclusive license for the same area the committee may divide thearea or choose between the persons based on the criteria set forth insubsection (d) of this section.
(c) The issuance of a geographically exclusive license for aparticular geographic area shall not prohibit other licensees from sellingWyoming lean beef directly to residents of the geographic area if the sales arefor consumption and not for resale and are made within Wyoming or in responseto mail or telephone solicitation originating within Wyoming or in response toan advertisement in a publication of national circulation. No geographicallyexclusive license shall include any of the state of Wyoming. No geographicallyexclusive license shall include more than twenty (20) of the states of theUnited States until the licensee has actually served the market within thestates for which he is licensed.
(d) The committee may reject, restrict, accept, or accept inpart an application for a license to market Wyoming lean beef, or may choosebetween competing applicants based upon:
(i) The financial strength of the applicant;
(ii) The marketing expertise of the applicant and his specificmarketing plans;
(iii) The access of the applicant to a supply of Wyoming leanbeef;
(iv) The prior experience of the applicant in relevantbusinesses; and
(v) Any other standards or criteria the committee deemsappropriate.
(e) The committee may deny, revoke, suspend or limit thelicense of anyone who:
(i) Fails to abide by the provisions of subsection (a) of thissection or any terms of the license;
(ii) Is convicted of violating the public health laws of theUnited States or any state;
(iii) Is convicted or has been convicted of any felony;
(iv) Willfully or unintentionally but repeatedly markets beef asWyoming lean beef which does not meet the quality standards for Wyoming leanbeef.
(f) Any retailer who is selling Wyoming lean beef furnished byany person licensed to sell Wyoming lean beef may use the "Wyoming leanbeef" trademark or trade name in connection with any advertising orpromotion of that beef. The committee may forbid licensees to furnish anyWyoming lean beef to any retailer who labels any other beef as Wyoming leanbeef.
(g) The committee may seek through legal action monetarydamages from any person labeling or selling as Wyoming lean beef any beef whichdoes not meet the quality standards for Wyoming lean beef. Damages recoveredmay be used to reimburse the state for any expenses it may have incurred inconnection with the case and may be used for advertising and promotion toovercome any damage to the public image of Wyoming lean beef.
(h) The committee shall annually set the royalty to be paid bylicensees which shall be not less than fifty cents ($.50) per head and not morethan five dollars ($5.00) per head and shall be designed to defray the expensesof the committee, the expenses of the inspection and enforcement program andgive the state of Wyoming a return of eight percent (8%) per annum on themonies appropriated for the marketing of Wyoming lean beef by Chapter 199,Wyoming Session Laws 1985 and by any other legislative appropriation and spentby the University of Wyoming on the 1985 San Francisco simulated market test.The royalties shall be deposited in the general fund of the state except thatfifty percent (50%) of any royalties in excess of the amount budgeted for theexpenses of the committee, the inspection and enforcement program and repaymentto the state shall be deposited in the University of Wyoming fund to the creditof the agricultural experiment station account.
11-40-106. Enforcement of standards.
(a) The committee may promulgate rules or regulations necessaryin the management of a program to enforce the standards for Wyoming lean beef.
(b) The committee may require licenses to conduct anyinspections of ranching or slaughter operations necessary to insure compliancewith Wyoming lean beef standards. The committee may require that thisinspection program complies with any requirements imposed by the federalgovernment to insure that the quality standards are met or that claims made onany label for, or advertising concerning, Wyoming lean beef are valid. Nothingin this subsection shall prevent the committee from having necessaryinspections performed by employees of the department of agriculture orcommittee members or other appropriate persons.
11-40-107. Cooperative advertising and promotion.
(a) The committee may provide for the collection of additionalroyalties on the sale of Wyoming lean beef to pay for advertising and promotionprograms. Such royalties may be levied on all Wyoming lean beef sold to payfor national advertising and promotion programs or only on Wyoming lean beefsold in particular markets or through particular channels of distribution topay for advertising aimed at those markets, or both. If the volume of sales onwhich royalty is paid in a market in the previous year is fifty thousanddollars ($50,000.00) or more, the additional royalties may be imposed on thatmarket only with the consent of the persons paying two-thirds (2/3) of theroyalties paid in that previous year. The committee shall define as necessarythe markets and may classify sales as being in more than one (1) market. Anyother assessment method may be used in whole or in part with the consent of allpersons liable for the assessment. The royalties or assessment shall bedeposited in a separate account and shall be expended for advertising,promotion, product development and the expenses connected therewith in themarket for which the royalty or assessment is collected. The committee mayauthorize the expenditure of funds in the account or may delegate thatauthority to the subcommittees provided by subsection (b) of this section.
(b) To administer the advertising and promotion campaigns, thecommittee shall appoint a subcommittee for each market for which funds areseparately collected. The subcommittee shall consist of at least one (1)voting member of the committee and any nonvoting members of the committeerepresenting persons who pay additional royalties or assessments for thatmarket and who shall be entitled to vote within the subcommittee. The fullcommittee may give the subcommittee guidelines and directions it shall followand may choose to reserve to itself the right to veto all subcommittee actionsor particular classes of subcommittee actions. When considering actions orinformation the knowledge of which could give competitors a commercialadvantage, the subcommittee may hold executive sessions.
11-40-108. Wyoming supreme beef.
(a) The committee may register in the name of the state ofWyoming a trademark or trade name for "Wyoming supreme beef","Wyoming premium beef" or some similar name containing the name ofthe state of "Wyoming". This trademark or trade name for beef shallbe used to designate a product which may be produced with some period in aconventional feed lot. For this brand of beef the committee may:
(i) Establish standards as necessary which shall be the same asthe standards established for Wyoming lean beef pursuant to W.S.11-40-104(a)(i), (viii) and (ix), but need not be consistent with otherstandards established for Wyoming lean beef;
(ii) Provide for a program for inspection and enforcement of thestandards;
(iii) Provide for licensing of persons to market the beef in thesame manner as licensing is provided for Wyoming lean beef;
(iv) Provide for royalty collection, enforcement of licenseterms, protection of trademark and trade name from infringement and cooperativeadvertising in the same manner as provided for Wyoming lean beef.
11-40-109. Termination of existence of committee.
(a) Repealed By Laws 2010, Ch. 69, 204.
(b) If the sales volume falls below one million dollars($1,000,000.00) for three (3) successive years, the existence of the committeeshall terminate on July 1 of the fourth year.
