Section 1. Authority.

  The Wyoming Lean Beef Committee will issue licenses in accordance with the following conditions and regulations as prescribed and authorized by Wyoming Statutes 11-40-101 through 11-40-109.

  Section 2. Standards for Wyoming Lean Beef.

  All cattle qualifying for Wyoming Lean Beef shall meet the following standards:

  (a) They shall graze the summer before slaughter in Wyoming. Cattle in pastures where they have free access to land within Wyoming shall be deemed to be living within Wyoming even though part of the pasture is outside Wyoming. Cattle owned by a bona fide Wyoming resident but historically grazed outside the State on a Wyoming brand permit shall be eligible for the program.

  (b) They shall be primarily grass fed cattle. For purposes of these regulations, legumes, forbs and other plant materials consumed under range or pasture conditions shall be considered as “grass”.

  (c) They shall not be held in close confinement except for short periods in connection with operations necessary in the management of the cattle, including but not limited to calving, branding, vaccinating, weaning, transportation and slaughter. Confinement shall be considered as that consistent with good management including the feeding of concentrates.

  (d) They shall have a hot carcass weight of at least four hundred (400) pounds.

  (e) They shall have an untrimmed fat depth over the ribeye muscle at the twelfth (12th) rib of less than or equal to three tenths (0.3) of one inch.

  (f) Carcasses shall be electrically stimulated within one (1) hour after stunning.

  (g) They shall not exceed thirty-two (32) months of age at the time of slaughter.

  (h) They shall not have been given any steroids (synthetic or natural) or any other growth promoting hormone. This regulation shall not be construed to prohibit the use of parasiticides.

  (i) They shall not have been given any subtherapeutic levels of antibiotics. This standard shall not be construed as prohibiting the use of therapeutic levels of any antibiotic for therapeutic purposes. The practice of feeding antibiotics to calves for up to 10 days at weaning or during periods of stress for the control of shipping fever and other diseases shall be deemed a therapeutic practice. There shall be strict compliance with approved withdrawal periods for all antibiotics.

  (j) Ground beef shall meet all standards as established in above paragraphs (a),(b),(c),(h) and (i) and in addition shall have a fat content less than or equal to twenty (20%) percent. carcasses from animals that exceed 32 months of age can be used for ground beef but shall hot under any circumstances be marketed as wholesale or retail cuts.

  Section 3. Licensing, Use of Trademark and Royalties.

  Any person or entity receiving a license to market Wyoming Lean Beef and use the label, trademark or trade name “Wyoming Lean Beef” shall:

  (a) Pay an annual licensing fee of one hundred dollars ($100.00)

  (b) Pay an additional annual licensing fee of one thousand dollars ($1000.00) for each state or fraction thereof for which the licensee has obtained a geographically exclusive license.

  (c) Agree to pay the royalty described in section 5.

  (d) Agree to pay any additional royalty that may be established to support advertising and promotion programs.

  (e) Agree to abide by standards established for Wyoming Lean Beef and to market no beef as Wyoming Lean Beef that fails to meet the standards.

  (f) Agree to abide by applicable state and federal standards relating to public health and the slaughtering and preparation of meat for sale.

  (g) Agree to abide by other terms as deemed appropriate by the Wyoming Lean Committee.  These terms will be agreed upon at the time the license is issued.

  Section 4. Awarding of Licenses.

  (a) The Wyoming Lean Beef Committee reserves the right to reject, restrict, accept, or accept in part any application for a license to market Wyoming Lean Beef. The following criteria may be considered in selection of applicants and awarding of licenses:

    (i) Financial strength of the applicant;

    (ii) Previous marketing expertise and specific proposed marketing plan including acquisition and processing of carcasses;

    (iii) Prior experience of the applicant in relevant businesses;

    (iv) Plan for ensuring adherence to all Wyoming Lean Beef standards;

  (b) The committee may choose to award a geographically exclusive license for no more than twenty (20) of the states of the United States except that an exclusive license shall not prohibit licensees from selling Wyoming Lean Beef directly to residents of the geographic area if the sales are for consumption and not for resale and are made within Wyoming or in response to mail or telephone advertisement in a publication of national circulation. Further no geographically exclusive license shall include the State of Wyoming.The Wyoming Lean Beef Committee reserves the right to deny, revoke, suspend or limit the license of anyone who:

    (i) Fails to abide by the promulgated standards of the Wyoming Lean Beef program or any other terms of the license;

    (ii) Is convicted of violating the public health laws of the United States or any state;

    (iii) Is convicted or has been convicted of any felony;

    (iv) Willfully or unintentionally but repeatedly markets beef as Wyoming Lean Beef which does not meet the quality standards for Wyoming Lean Beef.

  Section 5. Royalties.

  Until January 1, 1992 licensees shall pay to the State of Wyoming an annual royalty of one-fourth of one percent (0.25%) of the wholesale carcass value of all meat sold FOB the slaughtering plant. Based on current market value the committee has determined this royalty shall be equal to one (1) dollar per carcass to be paid by owner of the marketable carcass. Thereafter the committee shall reset the annual royalty which shall not be less than one-tenth of one percent (0.10%) and not more than one percent (1.0%) of said value.

  Section 6. Submission of Proposals.

  Submission of proposals to obtain a license will be received by the Wyoming Lean Beef Committee, Box 3354 University Station, Laramie, Wyoming 82071 until 4 PM, November 24, 1986. Subsequent application dates will be published. Questions concerning the lean beef program may be directed to (307) 766-3667. Each submission should contain the following information:

  (a) Name of individuals or name and title of company or corporate officers.

  (b) Evidence of the required financial ability to conduct the proposed program.

  (c) Expertise and previous experience of proposed participants.

  (d) Detailed plan of proposed program including but not limited to predicted availability and acquisition of the product, processing and distribution, promotion and marketing efforts.

  (e) Detailed plan for enforcement of promulgated standards of the Wyoming Lean Beef program.

  (f) Any other such information that may assist the committee during the selection and awarding process.