38-35-10. Inspection timing and procedure--Disclose information.
At the discretion of the secretary, a grower licensee may be inspected and samples collected no more than thirty days before the hemp is harvested. The grower licensee shall contact the Department of Public Safety prior to harvest in order to ensure a reasonable amount of time to schedule an inspection. The grower licensee is required to be present during the inspection. No harvested lot of hemp shall be commingled with another harvested lot of hemp and no hemp may leave the dominion of control of the grower licensee until the grower licensee receives a laboratory result from the department that confirms each lot complies with 7 U.S.C. Chapter 38, Subchapter VII, as provided in 7 C.F.R 990.70(d) and 990.71(d) in effect as of March 22, 2021.
Any location of the processor licensee is subject to random inspection. The processor licensee is required to be present during the inspection.
At the discretion of the secretary, a research licensee may be inspected, and samples may be collected. The research licensee is required to be present during the inspection.
Source: SL 2020, ch 176, §10, eff. Mar. 27, 2020; SL 2021, ch 182, §5, eff. Mar. 25, 2021; SL 2022, ch 155, §10, eff. Mar. 18, 2022.
Structure South Dakota Codified Laws
Title 38 - Agriculture and Horticulture
Section 38-35-1 - Definitions.
Section 38-35-3 - Application for grower license--Location and size requirements.
Section 38-35-3.1 - Application for a research license.
Section 38-35-4 - Application for processor license--Fee--Location notice.
Section 38-35-5 - Criminal background check--Denial of license for conviction--Licensure exemption.
Section 38-35-6 - Hemp regulatory program fund--Purpose--Expenditures.
Section 38-35-7 - License issuance--Denial, revocation, or suspension--Contested case.
Section 38-35-8 - Planting verification--Documentation to be filed--Contents.
Section 38-35-10 - Inspection timing and procedure--Disclose information.
Section 38-35-11 - Promulgation of rules--Fees.
Section 38-35-12 - Department of Health--Promulgation of rules.
Section 38-35-14 - Testing samples--Exceeding concentration--Destruction or remediation of lot.
Section 38-35-18 - Rules of United States Department of Agriculture.
Section 38-35-19 - Reporting to attorney general.
Section 38-35-20 - Coordination with other government entities.
Section 38-35-21 - Industrial hemp for smoking prohibited--Violation as misdemeanor.
Section 38-35-22 - Industrial hemp used in wildlife food plots.
Section 38-35-23 - Prohibition on industrial hemp and marijuana being commingled.