S.D. Admin. R. 44:90:09:12

Current through Register Vol. 51, page 51, October 21, 2024

Section 44:90:09:12 - Destruction of nonusable batches

If a cultivation facility or product manufacturing facility is unable or unwilling to remediate a nonusable batch of cannabis or cannabis products, the establishment shall:

(1) Note in the inventory tracking system, or if unavailable, provide notice within one business day in writing to the department, that the establishment will destroy the cannabis or cannabis products;

(2) Follow the procedures for destroying cannabis waste in the establishment's approved operating procedures; and

(3) Ensure that destruction of the nonusable batch is captured by functioning security cameras and stored according to this article.

If a cultivation facility or product manufacturing facility fails to follow the procedures under this section, the department shall:

(1) Submit a notice to all medical cannabis dispensaries that the inventory tracking system batch number associated with the unusable batch has not passed the required tests pursuant 44:90:09:01.

(2) Provide procedures for recall pursuant to § 44:90:12:02 if the unusable cannabis or cannabis product has been made available for retail sale.

S.D. Admin. R. 44:90:09:12

48 SDR 040, effective 10/5/2021; 49 SDR 009, effective 8/8/2022

General Authority: SDCL 34-20G-72(5)(d)(e)(l).

Law Implemented: SDCL 34-20G-72(5).