South Dakota Administrative Rules
Title 44 - Department of Health
Article 44:90 - MEDICAL CANNABIS
Chapter 44:90:05 - Cannabis cultivation facilities
Section 44:90:05:10 - Safety of cannabis - Use or presence of prohibited pesticides - Contaminants

Universal Citation: SD Admin Rules 44:90:05:10

Current through Register Vol. 51, page 43, September 23, 2024

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 34-20 G, 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 34-20 G, 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 34-20 G, 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

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

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

Disclaimer: These regulations may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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