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
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).