12 : 82 : 08 : 01 . Disposal or remediation of non-compliant hemp. Disposal or remediation is required for any non-compliant industrial hemp lot. The acceptable THC level for the purpose of compliance is when the application of the measurement of uncertainty to the reported THC content concentration level on a dry weight basis produces a distribution or range of 0.3% or less. If a grower licensee chooses to remediate a non-compliant lot, the licensee must schedule an additional sampling inspection with the department to retest the remediated lot. If a remediated lot does not meet the acceptable hemp THC level, it is non-compliant and must be destroyed using the disposal methods described in 7 C.F.R. § 990 (March 22, 2021). If a grower licensee determines that all or a portion of the licensee's industrial hemp crop is unfit for commerce due to pests, insects, weeds, disease, or poor stand, or industrial hemp lots destroyed by a natural disaster or weather event, the damaged industrial hemp must be disposed of using methods described by 7 C.F.R. § 990 (March 22, 2021).

Example: Weather events include, but are not limited to, flood, wind, and hail.

Source: 47 SDR 75 , effective December 28, 2020; 49 SDR 47, effective November 22, 2022 .

General Authority: SDCL 38-35-11 (7).

Law Implemented: SDCL 38-35-9 , 38-35-14 .

Prior versions effective: 2020-12-28.