ARSD 44:90:12:03
44 : 90 : 12 : 03 . Corrective action plan. Upon the discovery of a suspected violation of this article or SDCL chapter 34-20G , the department may order the establishment to comply with a corrective action plan that may include:
(3) Destroying or remediating cannabis or cannabis products that pose a threat to public health.
The department shall provide notice of the order to destroy a batch of cannabis or cannabis product found to violate any provision of SDCL chapter 34-20G or this article to an establishment. The department does not need to demonstrate that the presence of contaminants or the unsafe condition of the cannabis or cannabis product was due to the action or inaction of an establishment. The order must identify the department's decision as a final department action subject to judicial review pursuant to SDCL chapter 1-26. An establishment must destroy the cannabis or cannabis product within ten business days of receipt of the order of destruction from the department.
Nothing in this section prohibits an establishment from initiating corrective action, including voluntarily recalling cannabis or cannabis products.
Source: 48 SDR 40, effective October 5, 2021; 52 SDR 10, effective August 4, 2025.
General Authority: SDCL 34-20G-72 ( 4 ).
Law Implemented: SDCL 34-20G-69 , 34-20G-72 ( 4 ) (a)(d) .
Prior versions effective: 2021-10-05.