44:02:07:03.  Person in charge. The license holder must be the person in charge or must designate a person in charge that oversees all food service operations in the food establishment. A person in charge must be designated for each work shift. At least one person in charge in each establishment must be a certified food service manager. Prior to opening, all new food service establishments and mobile food service establishments must have a certified food service manager as the person in charge. Upon a change of ownership of a food service establishment or mobile food service establishment, a 90-day grace period from the date the ownership change takes place will be given to implement a certified food service manager as the person in charge. By July 1, 2000, all existing food service establishments and mobile food service establishments must have a certified food service manager as the person in charge. When a certified food service manager leaves an establishment, the establishment has a 90-day grace period to obtain another certified food service manager. Temporary food service establishments are exempt from the food service manager certification requirement.

          Source: 23 SDR 195, effective May 26, 1997.

          General Authority: SDCL 34-1-17, 34-18-22.

          Law Implemented: SDCL 34-18-22, 34-18-25.

          Cross-Reference: Food service manager certification, § 44:02:07:98.