44 : 90 : 10 : 14 . Labeling prohibitions. No label may:

1. (1) Include representations as to cannabinoid content or to the absence of pesticides, mold, or other contaminants, other than to provide the results of analysis performed by a cannabis testing facility certified in accordance with this article;
2. (2) Make claims regarding health or physical benefits to the consumer;
3. (3) Include any false or misleading statements;
4. (4) Obscure identifying information or warning statements;
5. (5) Use any trademark without authorization;
6. (6) Depict a human, animal, creature, vehicle, fruit, cartoon character, toy, emoji, or other artwork likely or intended to appeal to anyone under 21 years of age;
7. (7) Include the word “candy” or “candies”; or
8. (8) Refer to any item typically marketed to persons under 21 years of age.

Source: 48 SDR 40, effective October 5, 2021.

General Authority: SDCL 34-20G-72 (7).

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