44:20:03:09.  Control measures for food handlers. A food handler who is infected with a reportable disease or condition that can be transmitted by foods may not, during the period of communicability, engage in the production, preparation, manufacture, packaging, storage, sale, distribution, or transportation of food products intended for human consumption. Unless another cause is determined, the following symptoms indicate suspected infection with a reportable disease or condition that can be transmitted by food: diarrhea, vomiting, open skin sores, boils, fever, dark urine, or jaundice. If a food handler is determined or suspected to be infected with a reportable disease or condition that can be transmitted by foods, the department may require one or more of the following public health measures:

          (1)  The immediate exclusion of the food handler from the production, preparation, manufacture, packaging, storage, sale, distribution, or transportation of food;

          (2)  The immediate exclusion of the suspect food from distribution, consumption, or unauthorized disposal; or

          (3)  Medical examination and laboratory testing of the food handler and work associates.

          The owner or operator of the food producing, processing, or service establishment or the employer of the food handler, is responsible for ensuring compliance with this section.

          Source: 20 SDR 69, effective November 17, 1993; 28 SDR 92, effective December 30, 2001; 38 SDR 8, effective August 1, 2011.

          General Authority: SDCL 34-1-17, 34-5-15, 34-22-9.

          Law Implemented: SDCL 34-5-11.1, 34-22-9.