S.D. Admin. R. 44:90:10:12

Current through Register Vol. 51, page 67, December 16, 2024

Section 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 included in § 44:90:02:16;

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

(a) Identify the size of a serving of 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) Labeled with a nutritional fact panel in accordance with 21 C.F.R. part 101.9 (August 29, 2016); and

(c) Labeled with:

(i) A product expiration date, upon which the edible cannabis product will no longer be fit for consumption; or

(ii) A use-by-date, upon which the edible cannabis product will no longer be optimally fresh.

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.

(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 THC, in milligrams, in each dosage identified; and

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

S.D. Admin. R. 44:90:10:12

48 SDR 040, effective 10/5/2021; 50 SDR 062, effective 11/27/2023

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

Law Implemented: SDCL 34-20G-72.