reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:08 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:08:13 - Cooling and storing of milk

Current through Register Vol. 51, page 10, July 15, 2024
Milk must be cooled to forty-five degrees Fahrenheit or lower within
	 two hours after milking. The blend temperature after the first milking and
	 subsequent milkings may not exceed 50 degrees Fahrenheit. Each bulk tank, if
	 the farm is using a bulk talk to store the farms milk supply, must be equipped
	 with a thermometer that is in good working condition.
General Authority:
SDCL
		39-6-9(9),
		39-6-9(11),
		39-6-9(12),
		40-32-18(5),
		40-32-18(6).
Law Implemented:
SDCL
		39-6-9(9),
		39-6-9(11),
		39-6-9(12),
		40-32-18(5),
		40-32-18(6).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:08 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:08:14 - Utensils and equipment

Current through Register Vol. 51, page 10, July 15, 2024
Utensils and equipment used in the handling of milk must be maintained
	 as follows:
(1) Utensils, milking
  machines, pipeline systems, farm bulk tanks, and other equipment used in the
  handling of milk must be maintained in good condition; free from rust, open
  seams, milkstone, or any unsanitary conditions; washed, rinsed, sanitized, and
  drained after each milking; stored in suitable facilities; and sanitized
  immediately before use with at least 50 parts per million chlorine solution or
  its equivalent.
(2) Single-service
  articles, such as strainer pads, parchment papers, gaskets, and similar items,
  must be stored in a cabinet or sealed container and protected against
  contamination. Single-service articles may not be reused.
General Authority:
SDCL
		39-6-9(9),
		39-6-9(12),
		40-32-18(5),
		40-32-18(6).
Law Implemented:
SDCL
		39-6-9(9),
		39-6-9(12),
		40-32-18(5),
		40-32-18(6).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:08 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:08:15 - Water supply

Current through Register Vol. 51, page 10, July 15, 2024
The dairy farm water supply must be safe, clean, and ample for the
	 cleaning of dairy utensils and equipment. The water supply must meet the
	 bacteriological standards established by the Department of Environment and
	 Natural Resources and state standards for potable water supply
	 systems.
General Authority:
SDCL
		39-6-9(9),
		39-6-9(11),
		39-6-9(12),
		40-32-18(5).
Law Implemented:
SDCL
		39-6-9(9),
		39-6-9(11),
		39-6-9(12),
		40-32-18(5).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:08 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:08:16 - Sewage disposal

Current through Register Vol. 51, page 10, July 15, 2024
Milkroom and toilet wastes shall be disposed of in a manner that does
	 not pollute the soil surface or contaminate any water supply and is not exposed
	 to insects. The disposal systems must comply with ARSD 74:53.
General Authority:
SDCL
		39-6-9(9),
		39-6-9(12),
		40-32-18(5),
		40-32-18(6).
Law Implemented:
SDCL
		39-6-9(9),
		39-6-9(12),
		40-32-18(5),
		40-32-18(6).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:08 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:08:17 - Storage and labeling of medicinals and drugs

Current through Register Vol. 51, page 10, July 15, 2024
Drugs and medicinals must be stored in a manner that prevents
	 contamination of the milk or the portions of the equipment, containers, or
	 utensils that come in contact with milk. Such products must be labeled to
	 include the following:
(1) The name
  and address of the manufacturer or distributor, for over-the-counter medicinals
  or drugs, or the veterinary practitioner dispensing the product for
  prescription and extra-label-use medicinals or drugs;
(2) Directions for use;
(3) The prescribed withholding
  times;
(4) Cautionary statements,
  if needed; and
(5) The active
  ingredient of the product must be identified on the package or on the label.
Unapproved or improperly labeled medicinals or drugs may not be used to
	 treat dairy animals and may not be stored in the milkhouse, milking barn,
	 stable, or parlor. Medicinals or drugs intended for treatment of nonlactating
	 dairy animals must be segregated from those medicinals or drugs used for
	 lactating animals. Separate shelves in cabinets, refrigerators, or other
	 storage facilities satisfies this requirement.
General Authority:
SDCL
		39-6-9(9),
		39-6-9(12),
		40-32-18(5),
		40-32-18(6).
Law Implemented:
SDCL
		39-6-9(9),
		39-6-9(12),
		40-32-18(5),
		40-32-18(6).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:08 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:08:18 - General herd health

Current through Register Vol. 51, page 10, July 15, 2024
All animals in each herd subject to this article shall be maintained
	 in a healthy condition.
General Authority:
SDCL
		39-6-9(6),
		39-6-9(12),
		40-32-18(4).
Law Implemented:
SDCL
		39-6-9(6),
		39-6-9(12),
		40-32-18(4).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:08 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:08:19 - Future dairy farms plans

Current through Register Vol. 51, page 10, July 15, 2024
Plans for the construction of all milkhouses, milking barns, stables,
	 and parlors regulated under this article which are to be constructed,
	 reconstructed, or extensively altered shall be submitted to the department
	 before construction begins.
General Authority:
SDCL
		39-6-9(9),
		39-6-9(12),
		40-32-18(5),
		40-32-18(9).
Law Implemented:
SDCL
		39-6-9(9),
		39-6-9(12),
		40-32-18(5),
		40-32-18(9).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:09 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:09:01 - Enforcement

Current through Register Vol. 51, page 10, July 15, 2024
Dairy farms that are issued a raw milk for human consumption permit
	 shall comply with provisions of this chapter.
General Authority:
SDCL
		39-6-9(2),
		39-6-9(4).
Law Implemented:
SDCL
		39-6-1(6),
		39-6-9(9),
		39-6-9(12),
		39-6-2,
		39-6-3.1,
		40-32-10.2.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:09 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:09:02 - Farm inspection reports - Posting and distribution

Current through Register Vol. 51, page 10, July 15, 2024
Compliance with dairy farm requirements shall be determined by
	 inspection of the premises, methods, and facilities of all producers of raw
	 milk for human consumption by the secretary. The results of the inspection
	 shall be recorded on a dairy farm inspection report provided by the secretary.
	 A copy shall be posted in a conspicuous place on an inside wall of the
	 milkroom.
General Authority:
SDCL
		39-6-9(4),
		40-32-18(5).
Law Implemented:
SDCL 339-6-1(6),
		9-6-9(4),
		40-32-18(5).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:09 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:09:03 - Inspection service fee

Current through Register Vol. 51, page 10, July 15, 2024
A dairy farm that produces and markets raw milk for human consumption
	 shall pay an inspection service fee. The inspection fee shall be fifty dollars
	 paid annually by July first.
General Authority:
SDCL
		39-6-9(4);
		40-32-5(8).
Law Implemented:
SDCL
		39-6-1(6),
		39-6-9(4);
		40-32-5(8).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:09 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:09:04 - Frequency of farm inspections

Current through Register Vol. 51, page 10, July 15, 2024
At least once each 12 months the premises, methods, and facilities of
	 each producer who produces raw milk for human consumption must be inspected by
	 the secretary for compliance with rules adopted under this
	 article.
General Authority:
SDCL
		39-6-9(4).
Law Implemented:
SDCL
		39-6-1(6),
		39-6-9(4).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:09 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:09:05 - Violation of rules relating to facilities -Cause for suspension of farm permit

Current through Register Vol. 51, page 10, July 15, 2024
A violation of any rule relating to a producer's facilities must be
	 corrected within a reasonable time prescribed by the secretary. If reinspection
	 by the secretary reveals the violation has not been corrected, the secretary
	 shall suspend the producer's permit.
An extension of time may not be granted beyond the prescribed time
	 limits unless the extension is needed due to conditions beyond the producer's
	 control and it is approved by the secretary.
General Authority:
SDCL
		39-6-9(4),
		39-6-9(9),
		39-6-9(11),
		39-6-9(12);
		40-32-18(5).
Law Implemented:
SDCL
		40-32-10.4.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:09 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:09:06 - Violation of rules relating to methods - Cause for suspension of farm permit

Current through Register Vol. 51, page 10, July 15, 2024
Significant violations of rules relating to a producer's production
	 methods on any one inspection or consecutive violations on two successive
	 inspections require a reinspection. If the reinspection reveals that the rules
	 violated on the preceding inspection have not been corrected, the secretary
	 shall suspend the producer's permit.
An extension of time may not be granted unless the extension is needed
	 due to conditions beyond the producer's control and it is approved by the
	 secretary.
General Authority:
SDCL
		39-6-9(4),
		39-6-9(9),
		39-6-9(11),
		39-6-9(12);
		40-32-18(5).
Law Implemented:
SDCL
		40-32-10.4.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:09 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:09:07 - Reinstatement of farm permit suspended for other than quality standards

Current through Register Vol. 51, page 10, July 15, 2024
A producer whose permit has been suspended for a reason other than
	 standards must submit a written request for the reinstatement of the permit to
	 the secretary. Within five working days after receipt of the request, an
	 inspector or a licensed dairy fieldman shall inspect the dairy farm facilities
	 and operating methods to determine whether the conditions responsible for the
	 suspension have been corrected. If the findings justify it and the secretary
	 approves, the permit shall be reinstated. The producer's bulk milk tank, if the
	 farm is using a bulk talk to store the farms milk supply, must be empty and
	 clean at the time of the final inspection.
General Authority:
SDCL
		39-6-9(4).
Law Implemented:
SDCL
		40-32-10.4,
		40-32-10.8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:09 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:09:08 - Reinstatement of permit - Suspension due to quality standards

Current through Register Vol. 51, page 10, July 15, 2024
If a permit suspension is due to a violation of the somatic cell
	 standard, the secretary shall issue a three-week temporary permit if a
	 resampling of the herd's milk supply indicates the milk supply to be within
	 acceptable limits. Official somatic cell samples shall be taken and analyzed at
	 an accredited laboratory approved by the department at a rate of at least two
	 per week on separate days within the three-week period. Any sample not in
	 compliance within the three-week period shall result in an automatic suspension
	 of the producer's permit. The secretary shall reinstate the permit upon
	 compliance with the applicable quality standard set in § 12:81:07.
If a permit suspension is due to a violation of any of the standards,
	 except for the somatic cell standard or pathogenic bacteria, the secretary
	 shall, within one week after the receipt of notification for reinstatement and
	 receipt of acceptable results of a resampling of the herd's milk supply, issue
	 a three-week temporary permit after determining by an inspection of the
	 facilities and operating methods that the conditions responsible for the
	 violation have been corrected. Official samples shall be taken at the producers
	 expense, and analyzed at an accredited laboratory approved by the department,
	 at a rate of one per week for three weeks. Any sample not in compliance within
	 the three-week temporary permit shall result in an automatic suspension of the
	 producer's permit. The secretary shall reinstate the permit upon compliance
	 with the applicable quality standards set in § 12:81:07.
General Authority:
SDCL
		39-6-9(1) to
		39-6-9(11),
		inclusive, 40-32-18(2) to 40-32-18(7), inclusive.
Law Implemented:
SDCL
		39-6-3,
		39-6-15,
		40-32-1,
		40-32-10.1,
		40-32-10.3,
		40-32-10.4,
		40-32-22,
		40-32-23.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:09 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:09:09 - Notice of suspension if quality standards are exceeded

Current through Register Vol. 51, page 10, July 15, 2024
If two of the last four consecutive monthly bacterial, somatic cell
	 counts in a particular species, or cooling temperatures exceed the limit of the
	 standard for raw milk for human consumption, the secretary shall send a written
	 notice to the permit holder. The notice remains effective as long as two of the
	 last four consecutive monthly samples exceed the limit of the standard. The
	 secretary shall suspend the producer's permit immediately if the standard is
	 violated by three of the last five consecutive monthly bacterial counts,
	 somatic cell counts in a particular species, or cooling
	 temperatures.
General Authority:
SDCL
		39-6-9(2),
		39-6-9(5),
		39-6-9(12),
		40-32-18(2).
Law Implemented:
SDCL
		39-6-15,
		39-6-16,
		40-32-1,
		40-32-10.4,
		40-32-10.5.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:09 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:09:10 - Notice of suspension for drug or pesticide residues

Current through Register Vol. 51, page 10, July 15, 2024
If a drug or pesticide residue test is positive, milk must be disposed
	 of in a manner that removes it from the human food chain. The milk producer
	 shall immediately notify consumers and the raw milk must be removed from
	 supplies intended for human consumption. The secretary shall immediately
	 suspend the producer's permit. For a third violation of drug residue in 12
	 months, the secretary shall hold a hearing pursuant to SDCL 1-26 to revoke the
	 producer's permit.
If a drug or pesticide residue test is positive, an investigation shall
	 be made to determine the cause and the cause shall be corrected. An additional
	 sample shall be taken and tested for drug or pesticide residues and the milk
	 may not be offered for sale until it is shown by a subsequent sample to be free
	 of drug or pesticide residues or below the tolerances for pesticides
	 established in 40 C.F.R.§ 180 Subpart C (July 1, 2014).
General Authority:
SDCL
		39-6-9(2),
		39-6-9(5),
		39-6-9(12),
		40-32-18(2).
Law Implemented:
SDCL
		39-6-1(6),
		39-6-15,
		39-6-16,
		40-32-1,
		40-32-10.4,
		40-32-10.5,
		40-32-23.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:81 - Sale of raw milk for human consumption › Chapter 12:81:09 - STANDARDS FOR THE SALE OF RAW MILK FOR HUMAN CONSUMPTION › Section 12:81:09:11 - Reinstatement of permit suspended for drug or pesticide residues

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall reinstate the producer's permit after an official
	 sample taken from the producer's milk supply is no longer positive for drug or
	 pesticide residues.
General Authority:
SDCL
		39-6-9(2),
		39-6-9(5),
		40-32-18(2).
Law Implemented:
SDCL
		40-32-1,
		40-32-10.4,
		40-32-23.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:01 - Definitions › Section 12:82:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL
	 38-35-1 shall have the same
	 meaning in this article. In addition, terms used in this article mean:
(1) "Acceptable hemp THC level" means when
  the application of the measurement of uncertainty to the reported total delta-9
  tetrahydrocannibinol content concentration level on a dry weight basis produces
  a distribution or range that includes 0.3% or less.
(2) "Certificate of analysis" means a report
  prepared by a certified laboratory that contains the analytical testing it
  performed and the results of the testing.
(3) "Measurement of uncertainty" means the
  parameter, associated with the result of a measurement, that characterizes the
  dispersion of the values that could reasonably be attrictued to the particular
  quantity subject to measurement.
(4) "Residential dwelling" means any
  building, structure, including single family or multifamily homes, used and
  occupied for human habitation.
(5)
  "THC Byproduct" means processed industrial hemp with a total
  delta-9-tetrahydrocannabinol greater than the acceptable hemp THC level that
  has not entered the stream of commerce.
General Authority:
SDCL
		38-35-11
Law Implemented:
SDCL
		38-35-1,
		38-35-11
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:02 - Application and licensure › Section 12:82:02:01 - Applications

Current through Register Vol. 51, page 10, July 15, 2024
Any person or legal business entity in South Dakota shall obtain a
	 license from the Department to purchase, receive, or obtain industrial hemp,
	 including seedlings and clones, for planting, storing, propagating, producing,
	 or processing industrial hemp. An industrial hemp license is not required
	 for:
An industrial hemp license is not required for:
(1) The possession or distribution of hemp
  seed;
(2) Obtaining industrial hemp
  product, as defined by SDCL
  38-35-1(6);
(3) Employees of the State of South Dakota
  when performing official duties;
(4) Facilities testing industrial hemp seed
  to determine label information, in accordance with SDCL
  38-12A-9.
General Authority:
SDCL
		38-35-11(1).
Law Implemented:
SDCL
		38-35-2, SDCL
		38-12A-9.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:02 - Application and licensure › Section 12:82:02:02 - Grower application requirements

Current through Register Vol. 51, page 10, July 15, 2024
A grower license application must contain:
(1) The applicant name, mailing address,
  physical address, telephone number, and email address, if available;
(2) A legal description and latitude and
  longitude coordinates of the area(s) where industrial hemp will be grown,
  stored, and handled.
a. A licensed industrial
  hemp grower shall not grow, store, or handle industrial hemp within a
  residential dwelling.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:02 - Application and licensure › Section 12:82:02:04 - Grower license application fee

Current through Register Vol. 51, page 10, July 15, 2024
Applicant shall submit at the time of application a nonrefundable
	 grower application fee in the amount of fifty dollars.
General Authority:
SDCL subdivisions 38-35-11(1) and
		SDCL 38-35-11(5).
Law Implemented:
SDCL
		38-35-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:02 - Application and licensure › Section 12:82:02:05 - Grower license approval - Grower license fee - License number - License non-transferable

Current through Register Vol. 51, page 10, July 15, 2024
An applicant will be notified by email, if provided, or via U.S. Mail,
	 when the application has been approved or denied. Upon notification of approval
	 of a grower license application, the applicant must remit to the Department a
	 license fee in the amount of five hundred dollars. Upon approval and receipt of
	 payment of a grower license fee, the licensee will be assigned a grower license
	 number by the Department, and the license will be sent to the licensee.
The grower license number will not be duplicated or reassigned to any
	 other licensee by the Department. Licensee will retain the same grower number
	 for all subsequent licenses. Licenses are non-transferable.
General Authority:
SDCL
		38-35-11(1)(5).
Law Implemented:
SDCL
		38-35-7.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:02 - Application and licensure › Section 12:82:02:07 - Grower license amendment

Current through Register Vol. 51, page 10, July 15, 2024
Any change to the information on an approved grower license requires a
	 licensee to submit a license amendment on a form prescribed by the secretary,
	 within two business days of the change.
General Authority:
SDCL subdivision 38-35-11(1).
Law Implemented:
SDCL
		38-35-3.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:02 - Application and licensure › Section 12:82:02:08 - Grower license expiration - Renewal

Current through Register Vol. 51, page 10, July 15, 2024
A grower licensee who seeks to renew a license shall submit a new
	 license application at least 30 days prior to the expiration of the current
	 license.
General Authority:
SDCL
		38-35-11(1).
Law Implemented:
SDCL
		38-35-3,
		38-35-7.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:02 - Application and licensure › Section 12:82:02:09 - Processor application requirements

Current through Register Vol. 51, page 10, July 15, 2024
A licensed industrial hemp processor shall not process, store, and
	 handle industrial hemp within a residential dwelling. The processor application
	 must contain:
(1) The applicant's
  name, physical address, telephone number, and email address, if
  available;
(2) The physical address
  of processing location(s) or headquarters of mobile processing;
(3) The legal description and latitude and
  longitude coordinates for any location where hemp will be processed and
  stored;
(4) If the applicant is a
  business entity, the full name of the business, the physical and mailing
  address of the principal business location; and the full names and titles of
  the business entity's key participants who have authority on behalf of the
  business entity;
(5) The full name
  and title of the key participants, email address, if available, and the
  taxpayer identification number of the business entity;
(6) Authorization allowing the Department to
  access state and federal background check conducted by the South Dakota
  Division of Criminal Investigation and the Federal Bureau of Investigation on
  the applicant and key participants;
(7) If the applicant is a business entity, a
  certificate of good standing provided by the secretary of state; and
(8) Verification that the processing
  location(s) is not within a "Territory of the Indian Tribe" as defined by 7
  C.F.R. § 990 (March 22, 2021).
General Authority:
SDCL
		38-35-11(1).
Law Implemented:
SDCL
		38-35-4.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:02 - Application and licensure › Section 12:82:02:10 - Processor license application fee

Current through Register Vol. 51, page 10, July 15, 2024
Applicant shall submit at the time of application, a nonrefundable
	 processor application fee in the amount of fifty dollars.
General Authority:
SDCL subdivisions 38-35-11(1) and
		(5).
Law Implemented:
SDCL
		38-35-4.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:02 - Application and licensure › Section 12:82:02:11 - Processor license approval - Processor license fee - License number - License non-transferable

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for a processor license will be notified when the
	 application has been approved or denied. Upon notification of approval of a
	 processor license application, the applicant must remit to the Department a
	 license fee in the amount of two thousand dollars. Upon approval and receipt of
	 payment of a processor license fee, the licensee will be assigned a processor
	 license number by the Department, and the processor license will be issued to
	 the licensee.
The processor license number will not be duplicated or reassigned to
	 any other licensee by the Department. Licensee will retain the same processor
	 number for all subsequent licenses. Licenses are
	 non-transferable.
General Authority:
SDCL
		38-35-11(1)(5).
Law Implemented:
SDCL
		38-35-7.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:02 - Application and licensure › Section 12:82:02:14 - Processor license expiration - Renewal

Current through Register Vol. 51, page 10, July 15, 2024
A processor licensee who seeks to renew a processor license, shall
	 submit a processor license application at least 30 days prior to the expiration
	 of the current license.
General Authority:
SDCL
		38-35-11(1).
Law Implemented:
SDCL
		38-35-4,
		38-35-7.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:02 - Application and licensure › Section 12:82:02:15 - Research application requirements

Current through Register Vol. 51, page 10, July 15, 2024
A licensed industrial hemp researcher shall not grow, process, store,
	 or handle industrial hemp within a residential dwelling. The research
	 application must contain:
(1) The
  applicant's name, physical address, telephone number, and email address, if
  available;
(2) The physical address
  of the research location(s);
(3)
  The legal description and latitude and longitude coordinates for any location
  where hemp will be grown, processed, stored, or handled;
(4) If the applicant is a business entity,
  the full name of the business, the physical and mailing address of the
  principal business location; and the full names and titles of the business
  entity's key participants who have authority on behalf of the business
  entity;
(5) The full name and title
  of the key participants, email address, if available, and the taxpayer
  identification number of the business entity;
(6) Authorization allowing the Department to
  access state and federal background checks conducted by the South Dakota
  Division of Criminal Investigation and the Federal Bureau of Investigation on
  the applicant and key participants;
(7) If the applicant is a business entity, a
  certificate of good standing provided by the secretary of state; and
(8) Verification that the research
  location(s) is not within a "Territory of the Indian Tribe" as defined by 7
  C.F.R. § 990 (March 22, 2021).
General Authority:
SDCL
		38-35-11(1).
Law Implemented:
SDCL
		38-35-3.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:02 - Application and licensure › Section 12:82:02:16 - Research license application fee

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for a processor license shall submit at the time of
	 application a nonrefundable research application fee in the amount of fifty
	 dollars.
General Authority:
SDCL
		38-35-11(1)(5).
Law Implemented:
SDCL
		38-35-3.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:02 - Application and licensure › Section 12:82:02:17 - Research license approval - Research license fee - License number - License non-transferable

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for a research license will be notified when the
	 application has been approved or denied. Upon notification of approval of a
	 research license application, the applicant must remit to the Department a
	 license fee in the amount of one hundred dollars. Upon approval and receipt of
	 payment of a research license fee, the licensee will be assigned a research
	 license number by the Department, and the research license will be issued to
	 the licensee.
The research license number will not be duplicated or reassigned to
	 any other licensee by the Department. Licensee will retain the same research
	 number for all subsequent licenses. Licenses are
	 non-transferable.
General Authority:
SDCL
		38-35-11(1)(5).
Law Implemented:
SDCL
		38-35-7.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:02 - Application and licensure › Section 12:82:02:18 - Research license amendment

Current through Register Vol. 51, page 10, July 15, 2024
Any change to the required information on an approved research license
	 requires a licensee to submit a license amendment on a form prescribed by the
	 secretary, within ten days of the change.
General Authority:
SDCL
		38-35-11(1).
Law Implemented:
SDCL
		38-35-3.1,
		38-35-7.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:02 - Application and licensure › Section 12:82:02:19 - Research license expiration - Renewal

Current through Register Vol. 51, page 10, July 15, 2024
A research licensee who seeks to renew a research license, shall
	 submit a research license application at least 30 days prior to the expiration
	 of the current license.
General Authority:
SDCL
		38-35-11(1).
Law Implemented:
SDCL
		38-35-3.1,
		38-35-7.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:03 - Records › Section 12:82:03:01 - Grower Records

Current through Register Vol. 51, page 10, July 15, 2024
Grower records shall be available for examination by the department
	 Department and the Department of Public Safety during normal business hours on
	 site. Grower licensees shall maintain the following grower records for three
	 years in order to document and report as required:
(1) All license number information and United
  States Department of Agriculture Farm Service Agency authorization
  number;
(2) Physical
  address;
(3) Geospatial location(s)
  of each lot where industrial hemp will be produced or stored;
(4) Industrial hemp crop acreage;
(5) Total acreage and square footage, if
  grown indoors, of industrial hemp planted, harvested, remediated, and
  disposed;
(6) Record of all
  processors sold to and quantities sold to each processor;
(7) Variety/strain for each lot;
(8) Copies of all notifications of total
  delta-9 tetrahydrocannabinol (THC) test results for each lot;
(9) All records, documents, and forms
  regarding the disposal of non-compliant industrial hemp produced in violation
  of the United States Department of Agriculture guidelines;
(10) All records, documents, and forms
  regarding the disposal of industrial hemp for any reason other than produced in
  violation of the United State Department of Agriculture guidelines;
(11) Copies of all records, forms, and
  reports submitted to the Department, the Department of Public Safety, law
  enforcement officers, and to the United States Department of Agriculture Farm
  Service Agency related to industrial hemp; and
(12) Department, the Department of Public
  Safety, law enforcement officers, and the United States Department of
  Agriculture Farm Service Agency related to industrial hemp.
General Authority:
SDCL
		38-35-11(6).
Law Implemented:
SDCL
		38-35-8,
		38-35-9.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:03 - Records › Section 12:82:03:02 - Submission of planting and harvest data to United States Department of Agriculture Farm Service Agency

Current through Register Vol. 51, page 10, July 15, 2024
Grower and research licensees are required to provide their industrial
	 hemp license number and certify industrial hemp acreage and square footage
	 planted for all growing location(s) with their local office of the United
	 States Department of Agriculture Farm Service Agency.
General Authority:
SDCL
		38-35-11(6).
Law Implemented:
SDCL
		38-35-18.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:03 - Records › Section 12:82:03:03 - Processor records

Current through Register Vol. 51, page 10, July 15, 2024
All processor records shall be available for examination by the
	 Department and the Department of Public Safety during normal business hours and
	 be maintained onsite. A processor licensee shall maintain these records for
	 three years. Processor licensees shall keep the following information:
(1) Industrial hemp crop acquisitions,
  including a certificate of analysis, grower name, grower address, copy of
  grower license number, quantity purchased, and transaction date;
(2) Records of all unprocessed or processed
  industrial hemp purchased from another processor including a certificate of
  analysis, processor name, processor address, processor registration or license,
  quantity purchased, and transaction date;
(3) Records of all unprocessed or processed
  industrial hemp sold to another processor including a certificate of analysis,
  processor name, processor address, processor registration or license, quantity
  sold, and transaction date;
(4) THC
  byproduct secure storage and disposal records
(5) Certificate of Analysis of product in
  process prior to transport;
(6)
  Processor license number information, including physical address and latitude
  and longitude coordinates of where industrial hemp will be processed.
General Authority:
SDCL
		38-35-11(1).
Law Implemented:
SDCL
		38-35-9.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:03 - Records › Section 12:82:03:04 - Research Records

Current through Register Vol. 51, page 10, July 15, 2024
Research records shall be available for examination by the Department
	 and the Department of Public Safety during normal business hours on site.
	 Research licensees shall maintain the following records for three years in
	 order to document and report as required:
(1) All license number information and United
  States Department of Agriculture Farm Service Agency authorization number, if
  applicable;
(2) Physical
  address;
(3) Latitude and longitude
  coordinates of each lot where industrial hemp will be produced, stored,
  handled, and processed;
(4) Total
  acreage and square footage, if grown indoors, of industrial hemp planted and
  disposed;
(5) Variety/strain for
  each lot;
(6) Copies of all total
  delta-9 tetrahydrocannabinol (THC) test results for each lot;
(7) All records, documents, and forms
  regarding the disposal of industrial hemp produced;
(8) Industrial hemp crop acquisitions,
  including certificate of analysis, grower name, grower address, copy of grower
  license number, quantity purchased, and transaction date;
(9) Records of all unprocessed or processed
  industrial hemp purchased from another processor including certificate of
  analysis, processor name, processor address, processor registration or license,
  quantity purchased, and transaction date;
(10) Copies of all records, forms, and
  reports submitted to the Department, the Department of Public Safety, law
  enforcement officers, and to the United States Department of Agriculture Farm
  Service Agency related to industrial hemp; and
(11) Copies of all records and forms that
  support, document, or verify the information submitted to the Department, the
  Department of Public Safety, law enforcement officers, and the United States
  Department of Agriculture Farm Service Agency related to industrial
  hemp.
General Authority:
SDCL
		38-35-11(6).
Law Implemented:
SDCL
		38-35-3.1,
		38-35-8,
		38-35-9.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:04 - Enforcement › Section 12:82:04:01 - Negligent violation

Current through Register Vol. 51, page 10, July 15, 2024
Upon any determination that a negligent violation related to the growth
	 or processing will institute a corrective action plan. Negligent violations
	 include:
(1) Failure to provide
  accurate legal description of land where industrial hemp is produced;
(2) Failure to obtain a license for
  inadvertent or unknown growth of industrial hemp;
(3) Production of cannabis with total THC
  exceeding 1% on a dry weight basis; or
(4) Growth of industrial hemp outside of a
  licensed planting site.
As a result of a negligent violation, a licensee shall not be subject
	 to any criminal enforcement action. Three negligent violations in a five-year
	 period shall result in a grower being ineligible to produce industrial hemp for
	 a period of five years from the date of the last violation. A grower licensee
	 will not receive more than one negligent violation in a calendar
	 year.
General Authority:
SDCL
		38-35-11(3)(7)
Law Implemented:
SDCL
		38-35-2,
		38-35-9,
		38-35-11,
		38-35-16.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:04 - Enforcement › Section 12:82:04:02 - Corrective actions

Current through Register Vol. 51, page 10, July 15, 2024
A corrective action plan established by the Department to correct
	 negligent violations may include:
(1)
  A reasonable date to correct the negligent violation; and
(2) A requirement to periodically report to
  the Department regarding compliance with the corrective action plan for a
  period of not less than two consecutive calendar years.
General Authority:
SDCL
		38-35-11(7)
Law Implemented:
SDCL
		38-35-10,
		38-35-11
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:04 - Enforcement › Section 12:82:04:03 - Non negligent violations

Current through Register Vol. 51, page 10, July 15, 2024
Violations with a culpable mental state greater than negligence as
	 determined by the Department, including knowingly growing industrial hemp
	 containing a total delta-9-THC concentration that exceeds one percent (0.3%) on
	 a dry weight basis or a tolerance range, shall immediately be reported to the
	 United States Attorney General and the South Dakota Attorney General, Division
	 of Criminal Investigation.
General Authority:
SDCL
		38-35-11(3)(7).
Law Implemented:
SDCL
		38-35-7,
		38-35-9,
		38-35-11.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:05 - Handling Requirements › Section 12:82:05:01 - Transportation

Current through Register Vol. 51, page 10, July 15, 2024
All industrial hemp plant material, including hemp seed must be covered
	 during transport to avoid inadvertent dissemination of industrial
	 hemp.
General Authority:
SDCL
		38-35-11(2).
Law Implemented:
SDCL
		38-35-11.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:05 - Handling Requirements › Section 12:82:05:02 - Equipment

Current through Register Vol. 51, page 10, July 15, 2024
All equipment used to sow or harvest industrial hemp must be thoroughly
	 cleaned before leaving each licensed area to avoid inadvertent dissemination of
	 industrial hemp.
General Authority:
SDCL
		38-35-11(2).
Law Implemented:
SDCL
		38-35-11.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:06 - Inspections › Section 12:82:06:01 - Inspection requirements

Current through Register Vol. 51, page 10, July 15, 2024
The Department and the Department of Public Safety shall have complete
	 and unrestricted access during business hours and may enter on any land or
	 other property where industrial hemp is planted, stored, propagated, produced,
	 or processed for the purpose of inspections, sample collections, testing, or
	 investigation. The Department of Public Safety will report all inspection data
	 to the Department.
General Authority:
SDCL
		38-35-11(9).
Law Implemented:
SDCL
		38-35-9.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:06 - Inspections › Section 12:82:06:02 - Planting verification inspection - Nonconforming lots

Current through Register Vol. 51, page 10, July 15, 2024
Within thirty days of planting, each grower licensee shall file with
	 the Department documentation to identify the type and variety of each
	 industrial hemp seed, seedling, or clone planted with its corresponding lot.
	 Upon receipt of this documentation, a planting verification inspection may be
	 scheduled by the Department. This inspection will verify the geospatial
	 coordinates of the lots and legal description, address, location ID, and
	 acreage and square footage planted. The grower licensee or a key participant,
	 shall be present at the inspection. Any growing sites that do not conform to
	 the license must be destroyed, or the license must be
	 amended.
General Authority:
SDCL
		38-35-11(9).
Law Implemented:
SDCL
		38-35-8,
		38-35-9.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:06 - Inspections › Section 12:82:06:03 - Grower Pre-harvest inspection

Current through Register Vol. 51, page 10, July 15, 2024
The Department or the Department of Public Safety may conduct
	 inspections and collect samples of each lot not more than 30 days before the
	 hemp is harvested. The industrial hemp may only be harvested after the sample
	 is collected. No grower may commingle a harvested lot of industrial hemp with
	 another harvested lot of industrial hemp or other material except with
	 documented prior written permission by the Department. No industrial hemp may
	 leave the dominion of control of the grower licensee until the licensee
	 receives a laboratory result from the Department confirming that the sample
	 representative of the lot meets the acceptable hemp THC level. The grower
	 licensee or a key participant shall be present at the
	 inspection.
General Authority:
SDCL
		38-35-11(9).
Law Implemented:
SDCL
		38-35-10.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:06 - Inspections › Section 12:82:06:04 - Disposal inspection

Current through Register Vol. 51, page 10, July 15, 2024
The Department or the Department of Public Safety may conduct disposal
	 verification inspections to verify that the lot is disposed of in a manner that
	 renders the lot non-retrievable, non-ingestible, and unfit to enter the stream
	 of commerce. The grower licensee or a key participant must be present at the
	 inspection. A disposal inspection is not required for disposal of industrial
	 hemp lots damaged or destroyed due to pests, insects, weeds, disease, poor
	 stand, or destroyed by natural disaster or weather such as flood, wind, or
	 hail.
General Authority:
SDCL
		38-35-11(9).
Law Implemented:
SDCL
		38-35-9.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:06 - Inspections › Section 12:82:06:05 - Grower Pre-harvest inspection procedures

Current through Register Vol. 51, page 10, July 15, 2024
The grower licensee must contact the Department at least 10 days prior
	 to harvest in order to schedule an inspection. If the grower licensee or a key
	 participant fails to be present at the scheduled inspection, a second request
	 for inspection must be made to the Department. Failure to harvest the crop
	 within 30 days after the lot was sampled requires a resampling for total THC
	 concentration or issuance of an order of destruction by the Department.
General Authority:
SDCL
		38-35-11(4)(9).
Law Implemented:
SDCL
		38-35-10.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:06 - Inspections › Section 12:82:06:06 - Grower inspection fee

Current through Register Vol. 51, page 10, July 15, 2024
The licensee shall pay to the Department a grower inspection fee in the
	 amount of two hundred fifty dollars per lot for the purpose of grower
	 pre-harvest inspection and sample collection.
General Authority:
SDCL
		38-35-11(9).
Law Implemented:
SDCL
		38-35-11.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:06 - Inspections › Section 12:82:06:07 - Processor inspection

Current through Register Vol. 51, page 10, July 15, 2024
The Department shall inspect every processor location annually. The
	 processor licensee or a key participant shall be present at the scheduled
	 inspection.
General Authority:
SDCL
		38-35-11(9).
Law Implemented:
SDCL
		38-35-9,
		38-35-10,
		38-35-11.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:06 - Inspections › Section 12:82:06:08 - Processor inspection fee

Current through Register Vol. 51, page 10, July 15, 2024
The licensee shall pay to the Department a processor inspection fee in
	 the amount of five hundred dollars per location.
General Authority:
SDCL
		38-35-11(9).
Law Implemented:
SDCL
		38-35-11.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:07 - Samples and testing › Section 12:82:07:01 - Samples

Current through Register Vol. 51, page 10, July 15, 2024
Samples will represent a homogenous composition of the lot to ensure at
	 a confidence level of 95 percent that no more than one percent of the plants in
	 the lot would exceed the acceptable hemp THC level.
General Authority:
SDCL
		38-35-11(10).
Law Implemented:
SDCL
		38-35-11.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:82 - Industrial Hemp › Chapter 12:82:07 - Samples and testing › Section 12:82:07:02 - Sample protocols

Current through Register Vol. 51, page 10, July 15, 2024
Each sample must be sealed in a collection bag and identified by:
	 inspector, grower licensee name, grower license number, date, and lot ID as
	 provided by the United States Department of Agriculture Farm Service
	 Agency.
General Authority:
SDCL
		38-35-11(10).
Law Implemented:
SDCL
		38-35-11.