Marijuana Packaging and Labeling in South Dakota

What Are The Specific Packaging And Labeling Requirements For Marijuana Products in South Dakota?

The South Dakota Department of Health has issued a variety of rules and regulations for marijuana products, including packaging and labeling requirements.

Packaging Requirements:

• All marijuana products must be enclosed in packaging that is child-resistant.

• All marijuana product packaging must be opaque and resealable.

• All marijuana product packaging must bear information identifying the licensee responsible for the product, the licensee’s address and telephone number, and the product’s THC/CBD content.

• All marijuana products must be labeled with the licensee’s name, address, telephone number, and the product’s THC/CBD content.

• All marijuana product packages must include a warning label that states: “This product has intoxicating effects and may be habit-forming”; “Marijuana can impair concentration, coordination, and judgment. Do not operate a vehicle or machinery under the influence of this drug”; and “There may be health risks associated with consumption of this product.”

• All marijuana products must be labeled with the expiration date of the product.

• All packaging must indicate if it contains any allergens.

• All edible marijuana products must include a label indicating the number of servings in the container and the milligrams of THC/CBD per serving.

• All marijuana products must include a label indicating the date it was produced or packaged.

• Any health claims made about marijuana products must include a label indicating that such claims have not been evaluated by the FDA.

Are There Rules Regarding Child-Resistant Packaging For Marijuana Products in South Dakota?

Yes, the South Dakota Department of Health requires marijuana products to be in child-resistant packaging. This includes any edible products, tinctures, and concentrates. In addition, any cannabis-infused products must be labeled with a warning indicating that they contain cannabis.

What Information Must Be Included On The Label Of A Marijuana Product in South Dakota?

The label of a marijuana product in South Dakota must include the following information:

– Product name
– Net weight
– Manufacturer
– List of ingredients
– Batch/lot number
– Date of manufacture
– THC and CBD concentrations
– Warning labels, including those related to the potential intoxicating effects of marijuana and the potential risks associated with the use of marijuana during pregnancy or while breastfeeding
– A statement that the product contains marijuana and should only be used by adults 21 years of age or older

Are There Size And Design Specifications For Marijuana Product Labels in South Dakota?

Marijuana product labels must comply with the South Dakota Department of Health’s rules and regulations on labeling.

The label must contain the following information:

1. The name and address of the licensee, manufacturer, or distributor;
2. A statement identifying the product as marijuana;
3. The net weight or volume of the marijuana;
4. The date the product was manufactured;
5. A warning about the intoxicating effects of marijuana;
6. Any other information required by the department;
7. The THC concentration and the CBD concentration, expressed as a percentage or total milligrams per gram or per package;
8. Any other ingredient in the marijuana product, including but not limited to terpenes;
9. Instructions for proper storage and use, including any warnings or other information necessary to ensure safe use of the product; and
10. A unique identifier assigned by the department for tracking purposes.

Label design must meet the requirements of South Dakota Codified Law 34A-8-1 through 34A-8-12. Permissible formats include text, symbols, colors, and other images that are reasonably necessary to communicate essential information on a label without misleading consumers. Labels must be affixed to products and be easily readable and legible without magnification.

How Are Dosing Instructions Provided On Packaging And Labels For Edibles And Other Products in South Dakota?

In South Dakota, dosing instructions for edibles and other cannabis products are provided on the product’s packaging and labels. The instructions must include information on recommended dosage size, the THC/CBD/CBN content per dose, as well as the total quantity of THC, CBD, and CBN in the entire package. Health Warning Statements must also be included on all product labels, which include warnings about the potential health risks associated with consuming cannabis products.

Are There Requirements For Including Warnings And Health-Related Information On Labels in South Dakota?

Warnings and health-related information must be included on labels according to regulations set by the South Dakota Department of Health. These regulations, which are found in the Rules Governing Food Labeling Requirements, require any label affixed to any food or beverage product sold in the state to contain warnings and health-related information about any potential health hazards associated with the product. For example, warnings and health-related information about allergens, toxins, and other potential hazards must be included on labels.

Do Labeling Regulations Differ Between Medical And Recreational Marijuana Products in South Dakota?

Yes, labeling regulations do differ between medical and recreational marijuana products in South Dakota. For medical marijuana, the label must include the name of the product as well as the name and address of the manufacturer, the quantity of THC or CBD in each serving, the amount of THC or CBD per package, warnings about potential risks, and information about potential side effects. For recreational marijuana, the label must include warnings about impaired driving and other health risks, information on potency levels and ingredients, as well as packaging standards to ensure childproofing.

What Are The Rules For Labeling Marijuana Products With Regard To Thc And Cbd Content in South Dakota?

In South Dakota, it is currently against the law to grow, process, distribute, or possess marijuana in any form, including for medicinal purposes. Therefore, there are no rules about labeling marijuana products with regard to THC and CBD content.

Are There Specific Requirements For Labeling And Packaging Of Marijuana Concentrates in South Dakota?

No, there are no specific requirements for the labeling and packaging of marijuana concentrates in South Dakota. However, the South Dakota Department of Health has issued regulations regarding labeling and packaging of all marijuana products, which requires that all cannabis products must be sold in a package that is labeled with the following information: 1) the name and address of the producer, 2) the universal symbol or warning label, 3) lot number or batch number, 4) date of manufacture, 5) THC content, 6) product name and strain, and 7) the list of ingredients (if applicable). Additionally, any package containing marijuana products must be child-resistant, re-sealable and tamper-evident.

What Symbols Or Icons Must Be Used To Indicate Thc Content, Child Resistance, Or Other Key Information in South Dakota?

There is no specific symbol or icon to indicate THC content, child resistance, or other key information in South Dakota. However, it is generally recommended that manufacturers use warning labels to indicate potential hazards associated with THC products. This can include warnings about the legal status of THC, health risks associated with consumption, and safety precautions for storage and use. Additionally, child-resistant packaging should be used for all products containing THC.

Do Labels Need To Include The Results Of Laboratory Testing For Potency And Contaminants in South Dakota?

No, labelling does not need to include the results of laboratory testing for potency and contaminants in South Dakota. However, South Dakota requires all medical marijuana products to be tested for potency and contaminants by an independent laboratory no more than 30 days prior to being made available for sale to patients. Any products that are found to contain heavy metals, molds, mildews, fungi, or other contaminants must be reported to the Department of Health and all patients must be notified of the results.

How Are Marijuana Packaging And Labeling Violations Enforced, And What Are The Penalties in South Dakota?

The penalties for marijuana packaging and labeling violations in South Dakota are typically enforced through fines and can range in severity depending on the type of violation. For example, if a business fails to display labels on their packaging that include the required information, such as strain, amount of THC and CBD content, date the product was packaged and the name of the licensee, they may be subject to a fine of up to $250. If a business fails to keep records of cannabis products or fails to package cannabis products properly, they may face up to a $500 fine. Additionally, if a business is found selling cannabis products that are not in compliance with South Dakota’s packaging and labeling regulations, they may face criminal charges and potential jail time. Generally, it is best practice for businesses to adhere to all state regulations regarding the packaging and labeling of cannabis products to avoid any potential penalties.

Is There A Mechanism For Consumers To Report Labeling Discrepancies Or Concerns in South Dakota?

Yes, the South Dakota Department of Agriculture has established a Mechanism for Reporting Labeling Discrepancies or Concerns. Consumers may report such discrepancies to the department by submitting a completed Complaint Form. The form is available online at the department’s website or by calling 605-773-5425.

Do Marijuana Product Labels Need To Include Information About Responsible Consumption in South Dakota?

No, marijuana product labels do not need to include information about responsible consumption in South Dakota. The state currently has no laws that require marijuana product labels to be labeled in any special way.

Are There Restrictions On Marketing Claims Or Representations On Product Labels in South Dakota?

Yes, there are restrictions on marketing claims and representations on product labels in South Dakota. All labeling must be truthful and accurate and must not deceive or mislead consumers. Additionally, any claims regarding the nutritional value, health benefits, or safety of a product must be supported by scientific evidence and must comply with FDA regulations. Finally, statements regarding the use of a product as a drug or medical device must not be made unless approved by the FDA.

What Are The Rules For Labeling And Packaging Of Pre-Rolled Joints And Other Smokable Products in South Dakota?

The South Dakota Department of Revenue states that all pre-rolled joints and other smokable products must be labeled clearly so that they are easily identifiable. The label must include the name and address of the manufacturer, the product’s contents, a description of the product, and the date of manufacture. Additionally, all products must be packaged in child-resistant containers that are airtight and resealable.

Is There A System For Tracking And Tracing Marijuana Products From Cultivation To Sale Via Labels in South Dakota?

No, there is not currently a system for tracking and tracing marijuana products from cultivation to sale via labels in South Dakota. Marijuana remains illegal for recreational use in the state, and only medical marijuana is allowed. South Dakota does not currently have a formal system in place to track and trace marijuana products from cultivation to sale.

Are There Any Labeling Requirements Specific To Hemp-Derived Cbd Products in South Dakota?

There are no particular labeling requirements specific to hemp-derived CBD products in South Dakota. However, all CBD products must be labeled accurately and truthfully, and must bear the following information:

• The product’s ingredients
• The serving size of the product
• The net weight of the product
• A “best by” or “use by” date
• Instructions for use
• Warning statements as applicable
• The company contact information
• The source of the CBD (i.e., hemp-derived or cannabis-derived)

How Do State Regulations Address Multistate Or National Brands Regarding Packaging And Labeling in South Dakota?

Regulations regarding packaging and labeling for multistate or national brands in South Dakota are primarily governed by the South Dakota Codified Laws. Specifically, the South Dakota Department of Agriculture is responsible for enforcing labeling requirements for a variety of consumer products, including food, feed, fertilizer, and seed. These requirements include the need to identify the manufacturer or distributor of the product, certain labeling information related to the ingredients and nutrition facts, and labeling information related to cautions/warnings or other special instructions. Additionally, businesses must comply with federal regulations regarding food safety and consumer protection.

What Resources Are Available To Help Businesses And Consumers Understand And Comply With Packaging And Labeling Requirements in South Dakota?

1. South Dakota Department of Environment and Natural Resources: The South Dakota Department of Environment and Natural Resources (DENR) provides information on packaging and labeling requirements, including guidance on hazardous materials labeling and food labeling regulations.

2. South Dakota Retailers Association: The South Dakota Retailers Association (SDRA) provides resources and guidance on packaging and labeling requirements for businesses in the state.

3. South Dakota State Government Website: The South Dakota state government website provides information on packaging and labeling requirements, including a factsheet on labeling requirements for food, drugs, firearms, and chemicals.

4. South Dakota Department of Health: The South Dakota Department of Health provides a variety of resources related to food labeling, including labeling requirements for food sold at retail establishments, food service establishments, vending machines, and home-based food operations.

5. Food and Drug Administration: The Food and Drug Administration (FDA) regulates labeling and packaging requirements for foods, drugs, and cosmetics sold in the United States. The FDA’s website provides guidance on these requirements.