CHAPTER 44:90:05
CANNABIS CULTIVATION FACILITIES
Section
44:90:05:01 Cultivation activities -- Compliance with operating procedures.
44:90:05:02 Packaging and labeling cannabis for retail sale.
44:90:05:03 Cultivation equipment-- Safety.
44:90:05:04 Cultivation area.
44:90:05:05 Hours of operation -- Exigent circumstances.
44:90:05:06 Fences and gates.
44:90:05:07 Safe application of pesticides and other chemicals used in cultivation -- Training requirements.
44:90:05:08 Application of pesticides.
44:90:05:09 List of approved active ingredients in pesticides.
44:90:05:10 Safety of cannabis -- Use or presence of prohibited pesticides -- Contaminants.
44:90:05:01. Cultivation activities -- Compliance with operating procedures. A cultivation facility shall have a principal officer or other manager onsite whenever establishment agents are present. The principal officer or other manager shall ensure that all activities comply with the establishment’s operating procedures for:
(1) Propagating and cultivating cannabis plants;
(2) Trimming, drying, curing, and storing cannabis;
(3) Packaging cannabis, including testing samples;
(4) Transporting cannabis to another establishment, including testing samples; and
(5) Maintaining all required records.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(5)(e).
Law Implemented: SDCL 34-20G-63, 34-20G-72(5).
44:90:05:02. Packaging and labeling cannabis for retail sale. A cultivation facility may package and label for retail sale in packages of three ounces or less:
(1) Cannabis flower and trim; and
(2) Pre-rolled cannabis cigarettes, containing only cannabis flower or trim, an unflavored paper wrapper, and, if desired, an unflavored filter.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(5)(e).
Law Implemented: SDCL 34-20G-72(5).
44:90:05:03. Cultivation equipment -- Safety. All electrical equipment in a cultivation facility must be listed by a nationally recognized testing laboratory.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(5)(e).
Law Implemented: SDCL 34-20G-72(5).
44:90:05:04. Cultivation area. Any cultivation of seedlings, immature plants, or mature plants shall take place in:
(1) An indoor facility meeting all security requirements of this article;
(2) One or more greenhouses meeting all security requirements of §§ 44:90:04:05 through 44:90:04:10, inclusive; or
(3) Within a secured, fenced-in area meeting the requirements of §§ 44:90:04:05 through 44:90:05:10, inclusive.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(5)(e).
44:90:05:05. Hours of operation -- Exigent circumstances. Agents of a cultivation facility may not, outside of the hours of operation stated in the facility’s approved operating procedures, plant, feed, water, treat, move, harvest, dry, cure, package, or destroy cannabis, except:
(1) Under exigent circumstances in which prompt action is necessary to protect inventory from destruction; and
(2) With notice to the department within one business day regarding the character of the exigent circumstances, the activities conducted, and the date and time of the activities.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(5)(e).
Law Implemented: SDCL 34-20G-64, 34-20G-72(5).
44:90:05:06. Fences and gates. Any cultivation facility cultivating, processing, or storing cannabis outdoors or in greenhouses or other structures that do not meet all security requirements for buildings must secure such cultivation areas with fencing and gates that:
(1) Are secure and undamaged;
(2) Are at least six feet high; and
(3) Obscure, or have a cover that obscures, regulated activities from being readily viewed from outside of the fenced-in area.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(5)(c).
Law Implemented: SDCL 34-20G-64, 34-20G-65, 34-20G-72(5).
44:90:05:07. Safe application of pesticides and other chemicals used in cultivation -- Training requirements. Any establishment agent who applies a department-approved pesticide shall hold a current pesticide applicator certification issued by the South Dakota Department of Agriculture and Natural Resources pursuant to chapter 12:56:05. Any establishment agent who applies or uses other agricultural chemicals shall have training in their safe use, including mitigating any risks to humans, animals, or waterways.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(5)(d).
Law Implemented: SDCL 34-20G-72(5).
44:90:05:08. Application of pesticides. The use of a pesticide in the cultivation of cannabis is prohibited unless it:
(1) Is listed in the cultivation facility’s operating procedures filed with the department; and
(2) Contains only those active ingredients approved by the department pursuant to § 44:90:05:09.
An approved pesticide may be applied only by an establishment agent with a current pesticide applicator license and only in a manner consistent with the product label.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(5)(d).
Law Implemented: SDCL 34-20G-72(5).
44:90:05:09. List of approved active ingredients in pesticides. The department approves the following substances as active ingredients in pesticides when used in a manner consistent with the product label:
(1) Synthetic chemical agents:
(a) Auxin;
(b) Azadirachtin;
(c) Capric acid;
(d) Caprylic acid;
(e) Citric acid;
(f) Copper octoanoate;
(g) Cytokinins;
(h) Diatomaceous earth;
(i) Gibberellic acid;
(j) Horticultural oils;
(k) Hydrogen peroxide;
(l) Indole-3-butyric acid;
(m) Insecticidal soaps;
(n) Iron phosphate;
(o) Methoprene;
(p) Peroxyacetic acid;
(q) Petroleum oils;
(r) Phosphorous acid, including salts thereof;
(s) Potassium bicarbonate;
(t) Potassium silicate;
(u) Potassium sorbate;
(v) Sodium bicarbonate;
(w) Sodium ferric EDTA;
(x) Sodium laurel sulfate; and
(y) Sulfur.
(2) Bacterial or fungal agents:
(a) Bacillus amyloliquefaciens strain D747;
(b) Bacillus subtilis QST;
(c) Bacillus thuringiensis;
(d) Beauveria bassianaa;
(e) Burkholderia spp. Strain A396;
(f) Gliocladium virens;
(g) Harpin alpha beta;
(h) Isaria fumosorosea;
(i) Myrothecium verrucaria;
(j) Reynoutria sachalinensis;
(k) Trichoderma asperellum strain T34; and
(l) Trichoderma harzianum.
(3) Plant extracts:
(a) Capsaicin;
(b) Castor oil;
(c) Cinnamon oil;
(d) Clove oil;
(e) Corn oil;
(f) Cottonseed oil;
(g) Garlic oil;
(h) Geraniol;
(i) Geranium oil;
(j) Lemongrass oil;
(k) Linseed oil;
(l) Neem oil;
(m) Olive oil;
(n) Peppermint oil;
(o) Pyrethrins;
(p) Rosemary oil;
(q) Sesame oil;
(r) Soybean oil; and
(s) Thyme oil.
Substances identified as posing minimal risk in 40 C.F.R. § 180.950(e) (May 24, 2002) are approved as active or inert ingredients in pesticides when used in a manner consistent with the product label.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(5)(d).
Law Implemented: SDCL 34-20G-72(5).
44:90:05:10. Safety of cannabis -- Use or presence of prohibited pesticides -- Contaminants. The use or presence at a medical cannabis establishment of any pesticide with an active ingredient not on the approved list is a violation of this article and SDCL chapter 34-20G, and any cannabis to which the pesticide was applied is nonusable.
The knowing use or presence at a medical cannabis establishment of any pesticide containing, as an active ingredient, a synthetic chemical agent not on the approved list is a serious and knowing violation of this article and SDCL chapter 34-20G, and any cannabis to which the pesticide was applied is nonusable.
The knowing use or presence at a medical cannabis establishment of any pesticide listing a nonsynthetic substance prohibited in organic crop production under 7 C.F.R. § 205.602 (December 27, 2018) is a serious and knowing violation of this article and SDCL chapter 34-20G, and any cannabis to which the pesticide was applied is nonusable.
Cannabis is nonusable if it contains a level of any of the following contaminants at or in excess of the action level:
(1) Residual pesticides unless approved by the department:
Analyte | Action Level ug/g (ppm) |
Abamectin | 0.5 |
Azoxystrobin | 0.2 |
Bifenazate | 0.2 |
Etoxazole | 0.2 |
Imazalil | 0.2 |
Imidacloprid | 0.4 |
Malathion | 0.2 |
Myclobutanil | 0.2 |
Permethrins | 0.2 |
Spinosad | 0.2 |
Spiromesifen | 0.2 |
Spirotetramat | 0.2 |
Tebuconazole | 0.4 |
Any other prohibited synthetic pesticide | 0.5 |
(2) Mycotoxin:
Mycotoxin | Action Level ug/kg (parts per billion) |
Aflatoxins (B1, B2, G1, G2) | 20 |
Ochratoxin A | 20 |
(3) Microbials:
Microbials | Action Level cfu/g |
Total Aerobic Bacteria | 105 |
E. coli (Shiga toxin-producing E. coli - STEC) | <1 |
Salmonella | <1 |
Aspergillus fungi (fumigatus, flavus, terreus, and niger) | <1 |
Total Yeast and Mold | 104 |
Bile-tolerant Gram Negative Bacteria | 103 |
(4) Heavy metals:
Metals | Action Level ug/g (parts per million) |
Arsenic | 0.2 |
Cadmium | 0.2 |
Lead | 0.5 |
Mercury | 0.1 |
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(5)(d)(e).
Law Implemented: SDCL 34-20G-72(5).
