44:90:09:06.  Creation of batches. A cultivation facility or cannabis product manufacturing facility shall:

    (1)  Divide cannabis into homogenous batches not to exceed 50 pounds, and as directed by a cannabis testing facility;

    (2)  Divide cannabis products into homogenous batches as directed by a cannabis testing facility, and in accordance with the following size limitations:

            (a)  Cannabis product batches containing concentrated cannabis may not exceed 50 pounds (22.7 kilograms); and

            (b)  Cannabis product batches containing cannabis extract or products that are infused with cannabis or cannabis extract may not exceed 70,000 unpackaged retail servings;

    (3)  Assign a unique batch identifier to the cannabis or cannabis products; and

    (4)  When cannabis is harvested or trimmed:

            (a)  Cannabis flower shall be assigned to a batch containing a single strain from a single harvest date; and

            (b)  Cannabis trim may be assigned to a batch containing multiple strains and from multiple trimming dates.

    A batch may be divided into multiple containers. If a cannabis or cannabis product yield is in excess of the batch size limitations, the yield must be divided into separate batches in accordance with this section in order to be sampled. With the exception of trim, all cannabis and cannabis products in each batch must be uniform throughout.

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

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

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