38-35-11. Promulgation of rules--Fees.
The department shall promulgate rules, pursuant to chapter 1-26, to:
(1)Establish application, application form, licensure, and renewal procedures;
(2)Establish requirements to prevent the spread of hemp and hemp seeds from licensed land areas and provide for the assessment of costs for the remediation thereof;
(3)Establish criteria and procedures for denial, revocation, or suspension of a license under this chapter;
(4)Make any modification or addition to the hemp regulatory program in order to comply with any federal statutes or any rules and regulations regarding hemp enacted or implemented by the United States Department of Agriculture;
(5)Establish a nonrefundable annual license application fee not to exceed fifty dollars, a non-refundable annual grower license fee not to exceed five hundred dollars, a non-refundable annual research grower license fee not to exceed one hundred dollars, and a non-refundable annual processor license fee not to exceed two thousand dollars;
(6)Establish procedures for the collection of planting and harvest data for each lot;
(7)Establish rules for corrective action for negligent and culpable violations of this chapter;
(8)Establish transportation documentation requirements;
(9)Establish inspection procedures and requirements, a grower inspection fee per lot not to exceed two hundred fifty dollars, a research inspection fee per lot not to exceed two hundred fifty dollars, a remediation fee not to exceed one hundred dollars per hour, and a processor inspection fee per any processor location not to exceed five hundred dollars; and
(10)Establish sampling and testing procedures to determine if the hemp tested and sampled contains the lawful amount of total delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent.
Source: SL 2020, ch 176, §11, eff. Mar. 27, 2020; SL 2022, ch 155, §11, 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.