44:90:10:12.  Contents -- Net weight or volume -- Nutritional information. The label of any cannabis or cannabis product must:

    (1)  Include a statement of net contents identifying the net weight or volume of the cannabis or cannabis product, expressed:

            (a)  If a solid, in both ounces and grams or milligrams; or

            (b)  If a liquid or colloid, in both fluid ounces and milliliters;

    (2)  State the equivalent cannabis weight, calculated according to the equivalent cannabis weight table in § 44:90:02:16;

    (3)  For any edible cannabis product, except tinctures, oils, and capsules:

            (a)  Identify the size of a serving of delta-9 tetrahydracannabinol (THC) expressed in ounces and grams or milligrams, fluid ounces or milliliters, or number of pieces, and the number of servings per marketing layer;

            (b)  Include a nutritional fact panel in accordance with 21 C.F.R. § 101.9, in effect on August 29, 2016; and

            (c)  Include a product expiration date, upon which the edible cannabis product will no longer be fit for consumption, or a use-by date, upon which the edible cannabis product will no longer be optimally fresh;

    (4)  For tinctures, oils, and capsules, contain the size of one or more dosages, expressed in milliliters, number of drops, or number of capsules, along with the amount of tetrahydrocannabinol, in milligrams, in each dosage identified; and

    (5)  For vaporizer products and topical cannabis products, the weight of concentrated cannabis used to manufacture the product in milligrams or grams.

    Once affixed to a container containing an edible cannabis product and any marketing layer, an establishment may not alter the expiration or use-by date label or affix a new label with a later expiration or use-by date.

    Source: 48 SDR 40, effective October 5, 2021; 50 SDR 62, effective November 27, 2023.

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

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

    44:90:10:12.01.  Required warnings -- Indication that product contains cannabis -- Side effects -- Legal status of cannabis. The department shall design a standard symbol that indicates an item contains cannabis or cannabis extract that shall be used by all registered establishments. This standard symbol must appear on the front or most predominantly displayed area of the marketing layer of an edible cannabis product, no smaller than 1/2 inch by 1/2 inch.

    Labels must contain the following warning statements in no smaller than six-point font:

        (1)  For all cannabis and cannabis products:

            (a)  Contains cannabis. For medical use by qualifying patients only. There may be health risks associated with the use of this product. There may be additional health risks associated with the use of this product for women who are pregnant, breastfeeding, or planning on becoming pregnant. Do not drive a motor vehicle or operate heavy machinery while using this product.;

            (b)  Cannabis has a high potential for abuse. This product has not been approved by the United States Food and Drug Administration for preventing or treating any condition or disease process.;

        (2)  For all cannabis flower and trim, including pre-rolled cannabis cigarettes: Not for retail sale to persons under 21 years of age.; and

        (3)  For all inhalable cannabis products: Possession by persons under 21 years old is illegal.

    Source: 48 SDR 54, effective November 15, 2021.

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

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