ENTITLED, An Act to prohibit the release of medical waste and to provide a penalty therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 34A-6 be amended by adding thereto a NEW SECTION to read as
For purposes of this chapter, medical waste means disposable equipment, instruments, utensils,
human tissue, laboratory waste, blood specimens, or other substances that could carry pathogenic
organisms but shall exclude household waste including medical waste generated at a private
Section 2. That chapter 34A-6 be amended by adding thereto a NEW SECTION to read as
A person, as defined in subdivision 22-1-2(31), but excluding any natural person is guilty of
unlawful release of medical waste if the person with negligence engages in conduct which causes
the release of medical waste to a recycling disposal destination. Unlawful release of medical waste
is a Class 2 misdemeanor.
Section 3. No hauler or transporter of waste may be prosecuted for unlawful release of medical
waste under section 2 of this Act unless the hauler or transporter of waste had actual knowledge that
medical waste had been placed in the hauler or transporter's dumpster by another person before the
waste was released to the recycling center.
An Act to prohibit the release of medical waste and to provide a penalty therefor.
I certify that the attached Act
originated in the
HOUSE as Bill No. 1208
Speaker of the House
President of the Senate
Secretary of the Senate
House Bill No. 1208
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
STATE OF SOUTH DAKOTA,
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
Secretary of State
Asst. Secretary of State