44 : 90 : 12 : 02 . Recalls. If the department determines that cannabis or cannabis products that have been transferred to a dispensary pose a risk to public health or safety due to contamination, spoilage, mislabeling, or other reasons, the department may initiate a recall as follows:

1. (1) The department shall request that any establishment that cultivated, manufactured, or sold the affected cannabis or cannabis products initiate a voluntary recall;
2. (2) The department’s correspondence shall include the reasons for the recall request;
3. (3) The affected establishments shall immediately store the affected cannabis in storage containers labeled prominently with the words RECALLED – DO NOT TRANSFER;
4. (4) The affected establishments may voluntarily issue a recall of the cannabis or cannabis products;
5. (5) If the affected establishments agree to issue a recall, then the dispensary shall inform patients who purchased the recalled products that they should discontinue use and return the items to the dispensary; and
6. (6) If one or more affected establishments do not agree with the recall request, the department may order the recall of the affected items and shall identify the department’s decision as a final department action subject to judicial review pursuant to SDCL chapter 1-26.

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

General Authority: SDCL 34-20G-72 (6).

Law Implemented: SDCL 34-20G-69 , 34-20G-72 (6).