44 : 90 : 09 : 12 . Destruction of nonusable batches -- Notice and recall . If a cultivation facility or cannabis product manufacturing facility is unable or unwilling to remediate a nonusable batch of cannabis or cannabis products, the establishment shall:

1. (1) Note in the inventory tracking system, or if unavailable, provide notice within one business day in writing to the department, that the establishment will destroy the cannabis or cannabis products;
2. (2) Follow the procedures for destroying cannabis waste in the establishment’s approved operating procedures; and

3. (3) Ensure that destruction of the nonusable batch is captured by functioning security cameras and stored according to this article.

   If a cultivation facility or cannabis product manufacturing facility fails to follow the procedures under this section, the department shall notify all medical cannabis dispensaries that the inventory tracking system batch number associated with the unusable batch has not passed the required tests pursuant to § 44:90:09:01. The department shall provide procedures for recall pursuant to § 44:90:12:02 if the unusable cannabis or cannabis product has been made available for retail sale.

Source: 48 SDR 40, effective October 5, 2021; 49 SDR 9, effective August 8, 2022.

General Authority: SDCL 34-20G-72 (5)(d)(e) (l) .

Law Implemented: SDCL 34-20G-72 (5).

Prior versions effective: 2021-10-05.