An Act to repeal a reporting requirement and adopt provisions regarding the use of industrial hemp.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 39-14-39 be AMENDED:

39-14-39. Terms used in this chapter mean:

(1) "Brand name," any word, name, symbol, or device, or any combination thereof, identifying the commercial feed of a distributor or registrant and distinguishing it from that of others;

(2) "Commercial feed," any material except unmixed seed, whole or processed, if not adulterated within the meaning of §§ 39-14-46 to 39-14-52, inclusive, which that is distributed for use as feed or for mixing in feed;

(3) "Contract feeder," a person who, as an independent contractor, feeds commercial feed to animals pursuant to a contract whereby the commercial feed is supplied, furnished, or otherwise provided to the person and whereby the person's remuneration is determined all or in part by feed consumption, mortality, profits, or amount or quality of product;

(4) "Customer formula feed," commercial feed which that consists of a mixture of commercial feeds and feed ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser;

(5) "Distribute," to offer for sale, sell, exchange, or barter, commercial feed; or to supply, furnish, or otherwise provide commercial feed to a contract feeder;

(6) "Distributor," any person who distributes;

(7) "Drug," any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than man, and articles other than feed intended to affect the structure or any function of the animal body;

(8) "Feed ingredient," each of the constituent materials making up a commercial feed;

(9) "Label," a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed is distributed;

(10) "Labeling," all labels and other written, printed, or graphic matter upon a commercial feed or any of its containers or wrappers or accompanying a commercial feed;

(11) "Manufacture," to grind, mix, or blend, or further process a commercial feed, for distribution;

(12) "Mineral feed," a commercial feed intended to supply primarily mineral elements or inorganic nutrients;

(13) "Official sample," a sample of commercial feed taken by the secretary of agriculture and natural resources or his the secretary's agent in accordance with the provisions of § 39-14-62, 39-14-66, or 39-14-67;

(14) "Percent" or "percentages," percentages by weights;

(15) "Pet," any domesticated animal normally maintained in or near the household of the owner of the animal;

(16) "Pet food," any commercial feed prepared and distributed for consumption by dogs and cats;

(17) "Pet treat," any edible product intended for pets and specialty pets, which does not provide complete and balanced nutrition and is provided intermittently for training, reward, or entertainment;

(18) "Product name," the name of the commercial feed which that identifies it as to kind, class, or specific use;

(18)(19) "Specialty pet," any domesticated animal pet normally maintained in a cage or tank, such as gerbils, hamsters, canaries, psittacine birds, mynahs, finches, tropical fish, goldfish, snakes, and turtles;

(19)(20) "Specialty pet food," a commercial feed prepared and distributed for consumption by specialty pets; and

(20)(21) "Ton," a net weight of two thousand pounds avoirdupois.

Section 2. That a NEW SECTION be added to chapter 39-14:

Industrial hemp or any substance derived from industrial hemp may be used in this state as an ingredient in pet food, specialty pet food, pet treats, and horse feed, provided that the industrial hemp or substance derived from industrial hemp contains a concentration of no more than three-tenths of one percent tetrahydrocannabinol.

Section 3. That a NEW SECTION be added to chapter 39-18:

Any balm or lotion product containing industrial hemp may be used in this state as an animal remedy, provided:

(1) It is applied topically;

(2) It complies with the requirements of this chapter; and

(3) It contains a concentration of no more than three-tenths of one percent tetrahydrocannabinol.

Section 1. That § 38-35-19 be REPEALED.

The attorney general shall annually collect and compile information, statistical and otherwise, which will, as far as practicable, present an accurate survey and may be useful in the study of the effect legalizing industrial hemp has had on controlled substance and marijuana prosecutions in this state, including the extent and character of alleged crimes not prosecuted or dismissed, the operations of police in drug investigations, the charging discretion of prosecuting attorneys, and the administration of criminal justice due to the legalization of industrial hemp. All information collected under this section shall be reported annually to the Governor and Legislature by December first each year.