44:02:07:42.  Contaminated food disposition. The requirements for the discarding of unsafe, adulterated, or contaminated food are as follows:

          (1)  A food that is unsafe, adulterated, or not honestly presented as specified in § 44:02:07:15 must be discarded;

          (2)  Food that is not from an approved source as specified in § 44:02:07:16 must be discarded;

          (3)  Ready-to-eat food that may have been contaminated by an employee who has been restricted or excluded as specified in § 44:02:07:07 must be discarded;

          (4)  Food that is contaminated by food employees, consumers, or other persons through contact with their hands; bodily discharges, such as nasal or oral discharges; or other means must be discarded; and

          (5)  Food that has been held for longer than four hours at temperatures between 5°C (41°F) and 60°C (140°F) is considered unsafe or adulterated and must be discarded. However, food that is cooled as per § 44:01:07:32 is allowed the holding time as prescribed.

          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: Distress Food Act, SDCL 34-5-9 to 34-5-18, inclusive.