South Dakota Administrative Code

Rule 12:81:09:02 Farm inspection reports -- Posting and distribution. 12:81:09:02. Farm inspection reports -- Posting and distribution. Compliance with dairy farm requirements shall be determined by inspection of the premises, methods, and facilities of all producers of raw milk …

Rule 12:81:09:03 Inspection service fee. 12:81:09:03. Inspection service fee. A dairy farm that produces and markets raw milk for human consumption shall pay an inspection service fee. The inspection fee shall be fifty dollars paid annually by July first. Source: 41 SDR 218, effe…

Rule 12:81:09:04 Frequency of farm insptections. 12:81:09:04. Frequency of farm inspections. At least once each 12 months the premises, methods, and facilities of each producer who produces raw milk for human consumption must be inspected by the secretary for compliance with rule…

Rule 12:81:09:05 Violatiolns of rules relating to facilities -- Cause for suspension of farm permit. 12:81:09:05. Violation of rules relating to facilities -- Cause for suspension of farm permit. A violation of any rule relating to a producer's facilities must be corrected within…

Rule 12:81:09:06 Violation of rules relating to methods -- Cause for suspension of farm permit. 12:81:09:06. Violation of rules relating to methods -- Cause for suspension of farm permit. Significant violations of rules relating to a producer's production methods on any one inspe…

Rule 12:81:09:07 Reinstatement of farm permit suspended for other than qualitly standards. 12:81:09:07. Reinstatement of farm permit suspended for other than quality standards. A producer whose permit has been suspended for a reason other than standards must submit a written requ…

Rule 12:81:09:08 Reinstatement of permit -- Suspension due to quality standards. 12:81:09:08. Reinstatement of permit -- Suspension due to quality standards. If a permit suspension is due to a violation of the somatic cell standard, the secretary shall issue a three-week temporar…

Rule 12:81:09:09 Notice of suspension if quality standards are exceeded. 12:81:09:09. Notice of suspension if quality standards are exceeded. If two of the last four consecutive monthly bacterial, somatic cell counts in a particular species, or cooling temperatures exceed the lim…

Rule 12:81:09:10 Notice of suspension for drug or pesticide residues. 12:81:09:10. Notice of suspension for drug or pesticide residues. If a drug or pesticide residue test is positive, milk must be disposed of in a manner that removes it from the human food chain. The milk produc…

Rule 12:81:09:11 Reinstatement of permit suspended for drug or pesticide residues. 12:81:09:11. Reinstatement of permit suspended for drug or pesticide residues. The secretary shall reinstate the producer's permit after an official sample taken from the producer's milk supply is …

12:82:01:01. Definitions. Terms defined in SDCL 38-35-1 shall have the same meaning in this article. In addition, terms used in this article mean: (1) “Acceptable hemp THC level,” when the application of the measurement of uncertainty to the reported total delta-9 tetrahydrocanni…

12:82:02:01. Applications. Except as provided in this section, any person or legal business entity in South Dakota shall obtain an industrial hemp license from the department to purchase, receive, or obtain industrial hemp for planting, storing, propagating, producing, or process…

12:82:02:02. Grower application requirements. A grower license application must contain: (1) The applicant's name, mailing address, physical address, telephone number, and email address if available; (2) A legal description and latitude and longitude coordinates of each area wher…

12:82:02:03. Grower application submission period. Repealed. Source: 47 SDR 75, effective December 28, 2020; 49 SDR 47, effective November 22, 2022.

Rule 12:82:02:04 Grower license application fee. 12:82:02:04. Grower license application fee. An applicant shall submit at the time of application a nonrefundable grower license application fee in the amount of fifty dollars. Source: 47 SDR 75, effective December 28, 2020. Genera…

12:82:02:05. Grower license approval -- Grower license fee -- License number -- License non-transferable. The department shall notify a grower license applicant when the application has been approved or denied. Upon notification of approval, the applicant must remit to the depart…

12:82:02:06. Grower license fee. Repealed. Source: 47 SDR 75, effective December 28, 2020; 49 SDR 47, effective November 22, 2022.

Rule 12:82:02:07 Grower license amendment. 12:82:02:07. Grower license amendment. Any change to the required information on an approved grower license requires a licensee to submit a license amendment on a form prescribed by the secretary, within ten business days of the change. …

12:82:02:08. Grower license -- Renewal. A grower licensee who seeks to renew a license shall submit an application for a license renewal at least thirty days prior to the expiration of the current license. Source: 47 SDR 75, effective December 28, 2020; 49 SDR 47, effective Novem…

12:82:02:09. Processor application requirements. An applicant for a processor license shall apply to the secretary on a form prescribed by the secretary. An industrial hemp processor application must contain: (1) The applicant's name, physical address, telephone number, and email…

Rule 12:82:02:10 Processor license application fee. 12:82:02:10. Processor license application fee. An applicant for a processor license shall submit at the time of application a nonrefundable processor application fee in the amount of fifty dollars. Source: 47 SDR 75, effective …

12:82:02:11. Processor license approval -- Processor license fee -- License number -- License non-transferable. The department shall notify a processor license applicant when the application has been approved or denied. Upon notification of approval, the applicant shall remit to …

12:82:02:12. Processor license fee. Repealed. Source: 47 SDR 75, effective December 28, 2020; 49 SDR 47, effective November 22, 2022.

12:82:02:13. Processor license amendment. Repealed. Source: 47 SDR 75, effective December 28, 2020; 49 SDR 47, effective November 22, 2022.

12:82:02:14. Processor license expiration -- Renewal. A processor licensee who seeks to renew the license shall submit an application for a license renewal at least thirty days prior to the expiration of the current license. Source: 47 SDR 75, effective December 28, 2020; 49 SDR …

12:82:02:15. Research application requirements. An industrial hemp research application must contain: (1) The applicant’s name, physical address, telephone number, and email address if available; (2) The physical address of each research location; (3) The legal description and la…

12:82:02:16. Research license application fee. An applicant for an industrial hemp research license shall submit, at the time of application, a nonrefundable research application fee in the amount of fifty dollars. Source: 49 SDR 47, effective November 22, 2022. General Authority…

12:82:02:17. Research license approval -- Research license fee -- License number -- License non-transferable. The department shall notify a research license applicant when the application has been approved or denied. Upon notification of approval, the applicant shall remit to the…

12:82:02:18. Research license amendment. Any change to the required information on an approved research application requires a licensee to submit a license amendment on a form prescribed by the secretary, within ten calendar days of the change. Source: 49 SDR 47, effective Novemb…

12:82:02:19. Research license -- Renewal. A research licensee who seeks to renew a license shall submit an application for a research license renewal at least thirty days prior to the expiration of the current license. Source: 49 SDR 47, effective November 22, 2022. General Autho…

12:82:03:01. Grower records. Grower records must be maintained on site and available for examination by the department and the Department of Public Safety during normal business hours. Grower licensees shall maintain the following records for three years: (1) The license number a…

12:82:03:02. Submission of planting and harvest data to United States Department of Agriculture Farm Service Agency. Grower and research licensees shall provide their industrial hemp license number and certify industrial hemp acreage, or square footage if grown indoors, planted f…

12:82:03:03. Processor records. All processor records must be maintained on site and available for examination by the department and the Department of Public Safety, during normal business hours. A processor licensee shall maintain the following records for three years: (1) Indus…

12:82:03:04. Research records. Research records must be maintained onsite and available for examination by the department and the Department of Public Safety during normal business hours. A research licensee shall maintain the following for three years: (1) All license informatio…

12:82:04:01. Negligent violation. Upon the department's determination that a negligent violation related to the growing or processing of industrial hemp has occurred, the department will institute a corrective action plan. Negligent violations include: (1) A failure to provide an…

12:82:04:02. Corrective actions. A corrective action plan established by the department to correct negligent violations may include: (1) A reasonable date to correct the negligent violation; and (2) A requirement to periodically report to the department regarding compliance with …

12:82:04:03. Non-negligent violations. The department shall immediately report violations with a culpable mental state greater than negligence as determined by the department, including knowingly growing industrial hemp containing a total delta-9-THC concentration that exceeds on…

12:82:05:01. Transportation. All industrial hemp seed must be covered during transport, to avoid the inadvertent dissemination of industrial hemp. Source: 47 SDR 75, effective December 28, 2020; 49 SDR 47, effective November 22, 2022. General Authority: SDCL 38-35-11(2). Law Impl…

12:82:05:02. Equipment. All equipment used to sow or harvest industrial hemp must be thoroughly cleaned before it leaves a licensed area, to avoid the inadvertent dissemination of industrial hemp. Source: 47 SDR 75, effective December 28, 2020; 49 SDR 47, effective November 22, 2…

12:82:06:01. Inspection requirements. The department and the Department of Public Safety shall have complete and unrestricted access during business hours and may enter on any land or other property where industrial hemp is planted, stored, propagated, produced, or processed, for…

12:82:06:02. Planting verification inspection -- Non-conforming lots. Within thirty days of planting, each grower licensee shall file with the department documentation to identify the type and variety of each industrial hemp seed, seedling, or clone planted with its corresponding…

12:82:06:03. Grower pre-harvest inspection. The department or the Department of Public Safety may conduct inspections and collect samples of each lot, not more than thirty days before the hemp is harvested. The industrial hemp may only be harvested after the sample is collected, …

12:82:06:04. Disposal inspection. The department or the Department of Public Safety may conduct disposal verification inspections to verify that the lot is disposed of in a manner that renders the lot non-retrievable, non-ingestible, and unfit to enter the stream of commerce. The…

12:82:06:05. Grower pre-harvest inspection procedures. A grower licensee shall contact the department at least ten days prior to harvest in order to schedule an inspection. If the grower licensee or a key participant is not present at the scheduled inspection, a second request fo…

12:82:06:06. Grower inspection fee. The licensee shall pay to the department a grower inspection fee in the amount of two hundred and fifty dollars per lot for the purpose of a grower pre-harvest inspection and sample collection. Source: 47 SDR 75, effective December 28, 2020; 49…

12:82:06:07. Processor inspection. The department shall inspect every processor location annually. The processor licensee or a key participant shall be present at the scheduled inspection. Source: 47 SDR 75, effective December 28, 2020; 49 SDR 47, effective November 22, 2022. Gen…

12:82:06:08. Processor inspection fee. The licensee shall pay to the department a processor inspection fee in the amount of five hundred dollars per location. Source: 47 SDR 75, effective December 28, 2020; 49 SDR 47, effective November 22, 2022. General Authority: SDCL 38-35-11(…