S.D. Admin. R. 44:90:12:03

Current through Register Vol. 51, page 67, December 16, 2024

Section 44:90:12:03 - Corrective action plan

Upon the discovery of suspected violations of this article or SDCL chapter 34-20 G, the department may order the establishment to comply with a corrective action plan, which may include:

(1) Modifying operating procedures to comply with this article and SDCL chapter 34-20 G;

(2) Halting transfer of cannabis or cannabis products that are mislabeled or otherwise pose a threat to public health; and

(3) Destroying or remediating cannabis or cannabis products that pose a threat to public health.

The department may order a licensee to destroy a batch of cannabis or cannabis products that fails testing and does not need to demonstrate that the presence of contaminants was due to the action or inaction of the licensee. Such notice must identify the department's decision as a final department action subject to judicial review pursuant to SDCL chapter 1-26.

Nothing in this section prohibits licensees from initiating corrective action, including voluntarily recalling cannabis or cannabis products.

S.D. Admin. R. 44:90:12:03

48 SDR 040, effective 10/5/2021

General Authority: SDCL 34-20G-72(6).

Law Implemented: SDCL 34-20G-69, 34-20G-72(6).