38-35-12. Department of Health--Promulgation of rules.
The Department of Health shall promulgate rules, pursuant to chapter 1-26, to:
(1)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;
(2)Establish testing procedures to determine if the hemp tested contains the lawful amount of total delta-9 tetrahydrocannabinol concentration and certifying results; and
(3)Establish labeling requirements for industrial hemp products.
Source: SL 2020, ch 176, §12, eff. Mar. 27, 2020; SL 2022, ch 155, §12, 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.