ARTICLE 44:02
\r\n\r\n\r\nLODGING AND FOOD\r\nSERVICE
\r\n\r\n\r\n\r\nChapter
\r\n\r\n44:02:01 Food service establishments, Repealed.
\r\n\r\n44:02:02 Hotels.
\r\n\r\n44:02:03 Campgrounds, Repealed.
\r\n\r\n44:02:04 Reversion of fees.
\r\n\r\n44:02:05 Specialty resorts.
\r\n\r\n44:02:06 Bed and breakfast establishments.
\r\n\r\n44:02:07 Food service code.
\r\n\r\n44:02:08 Vacation homes.
\r\n\r\n44:02:09 Primitive campgrounds, Repealed.
\r\n\r\n44:02:10 Full service campgrounds, Repealed.
\r\n\r\n44:02:11 Limited service campgrounds, Repealed.
\r\n\r\n44:02:12 Temporary campgrounds, Repealed.
\r\n\r\n44:02:13 License period and prorated fees.
\r\n\r\n44:02:14 Campground regulation
\r\n\r\n\r\n\r\nCHAPTER 44:02:01
\r\n\r\n\r\nFOOD SERVICE ESTABLISHMENTS
\r\n\r\n(Repealed.\r\n23 SDR 195, effective May 26, 1997)
\r\n\r\n\r\n\r\nCHAPTER 44:02:02
\r\n\r\n\r\nHOTELS
\r\n\r\n\r\n\r\nSection
\r\n\r\n44:02:02:00 Definitions.
\r\n\r\n44:02:02:01 Employee health and disease control.
\r\n\r\n44:02:02:02 Employee cleanliness.
\r\n\r\n44:02:02:03 Water supply.
\r\n\r\n44:02:02:04 Repealed.
\r\n\r\n44:02:02:05 Ice.
\r\n\r\n44:02:02:06 Repealed.
\r\n\r\n44:02:02:07 Repealed.
\r\n\r\n44:02:02:08 Guest room toilet and bathing facilities.
\r\n\r\n44:02:02:09 Garbage and rubbish storage and disposal.
\r\n\r\n44:02:02:10 Vermin control.
\r\n\r\n44:02:02:11 Condition of floors, walls, and ceilings.
\r\n\r\n44:02:02:12 Lighting.
\r\n\r\n44:02:02:13 Ventilation.
\r\n\r\n44:02:02:14 Heating equipment.
\r\n\r\n44:02:02:15 Repealed.
\r\n\r\n44:02:02:16 Repealed.
\r\n\r\n44:02:02:17 Cleanliness and storage of utensils.
\r\n\r\n44:02:02:18 Single-service items.
\r\n\r\n44:02:02:19 Bedding and linen.
\r\n\r\n44:02:02:20 Housekeeping.
\r\n\r\n44:02:02:21 Hazardous condition.
\r\n\r\n44:02:02:22 Water recreation facilities.
\r\n\r\n44:02:02:23 Repealed.
\r\n\r\n44:02:02:24 Repealed.
\r\n\r\n44:02:02:25 Continental breakfast requirements.
\r\n\r\nAppendix A List of Reportable Diseases, repealed, 23 SDR 75, effective November 19, 1996.
\r\n\r\n\r\n\r\n44:02:02:00. Definitions.\r\nWords defined by SDCL 34-18-1 have the same meaning when used in this chapter. In addition, the terms used in this chapter mean:
\r\n\r\n\r\n\r\n
(1) "Approved,"\r\nacceptable to the Department of Health based on compliance with applicable\r\nstandards and public health practices;
\r\n\r\n\r\n\r\n
(2) "Communicable\r\ndisease," as defined in § 44:20:01:01;
\r\n\r\n\r\n\r\n
(3) "Community\r\nwater system," a system that is regulated by the Department of
\r\n\r\n
(4) "Continental\r\nbreakfast," a breakfast meal provided by the lodging establishment that\r\nconsists of food products requiring no food preparation. Food products shall\r\nconsist of whole fresh fruits, dry cereal, bread, muffins, bagels and\r\nprepackaged pastries or baked products purchased from a licensed food service\r\nestablishment. The continental breakfast may include two hot food items that\r\nare commercially manufactured, fully precooked food items that are hot held for\r\na maximum time frame of four hours then discarded. These commercially\r\nmanufactured, fully precooked food items are limited to: sausage and gravy,\r\nfrench toast, pancakes, waffles, eggs, bacon, or breakfast rolls. This shall\r\ninclude reconstituted batter mixes of pancake or waffle flour or other food items\r\nas approved by the regulatory authority;
\r\n\r\n\r\n\r\n
(5) "Designated\r\nagent," a municipal, county, or district health department that has been\r\norganized under SDCL chapter 34-3 and SDCL 9-32-1 and has been designated as an agent\r\nof the secretary as provided in SDCL 34-18-7;
\r\n\r\n\r\n\r\n
(6) "EPA-certified\r\nlaboratory," a laboratory that meets the requirements outlined in chapter\r\n74:04:07;
\r\n\r\n\r\n\r\n
(7) "Food\r\npreparation," mixing, blending, smoking, curing, decorating, frosting,\r\ncooking, slicing, or changing the physical characteristics of food products;
\r\n\r\n\r\n\r\n
(8) "Guest,"\r\nan occupant of a rental unit of a lodging establishment;
\r\n\r\n\r\n\r\n
(9) "Guest\r\nroom," any room used or intended to be used by a guest for sleeping\r\npurposes;
\r\n\r\n\r\n\r\n
(10) "Health\r\nhazard," a chemical agent, source of filth, cause of sickness, or\r\ncondition that is a health threat to others or a threat to the public health;
\r\n\r\n\r\n\r\n
(11) "Hotel,"\r\nany hotel, motel, lodge, resort, cabins, building, or buildings with more than\r\nten rental units which is used to provide sleeping accommodations for charge to\r\nthe public.
\r\n\r\n\r\n\r\n
(12) "Inspection,"\r\nan objective examination of a lodging establishment by the department to review\r\nthe employee practices, sanitary conditions, and health standards in accordance\r\nwith SDCL chapter 34-18 and this chapter;
\r\n\r\n\r\n\r\n
(13) "Nontransient\r\nnoncommunity public water system," a system that is regulated by the\r\nDepartment of Agriculture
\r\n\r\n
(14) "Operator,"\r\nany person or organization designated in charge of the day to day operations of\r\na lodging establishment, campground, or food service establishment as defined\r\nin SDCL 34-18-1;
\r\n\r\n\r\n\r\n
(15) "Private\r\nwater system," a water system that serves a campground, food service\r\nestablishment, or lodging establishment that is not a public water system\r\nregulated by the Department of Agriculture and Natural Resources;
\r\n\r\n\r\n\r\n
(16) "Public\r\nwater system," a system that is regulated by the Department of
\r\n\r\n
(17) "Transient\r\nnoncommunity water system," a system that is regulated by the Department\r\nof Agriculture
\r\n\r\n
Source: 20 SDR 204, effective\r\nJune 8, 1994; 23 SDR 75, effective November 19, 1996; 34 SDR 321, effective\r\nJune 30, 2008; 36 SDR 31, effective August 18, 2009
General Authority: SDCL 34-1-17, 34-18-22.
\r\n\r\nLaw Implemented: SDCL 34-18-22, 34-18-24.
\r\n\r\n\r\n\r\n
44:02:02:01. Employee\r\nhealth and disease control. A person while affected with any disease in a\r\ncommunicable form, while a carrier of such a disease, or while afflicted with\r\nboils, infected wounds, sores, or an acute respiratory infection may not work\r\nin any area of a hotel in any capacity in which there is a likelihood of the\r\nperson contaminating equipment with pathogenic organisms or transmitting\r\ndisease to other individuals. If the owner or operator of the establishment has\r\nknowledge of any employee who has contracted a communicable disease as listed\r\nin §§ 44:20:01:03 and 44:20:01:04 or has become a carrier of such a\r\ndisease, the owner or operator shall notify the department immediately.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 20 SDR 204,\r\neffective June 8, 1994; 23 SDR 75, effective November 19, 1996.
\r\n\r\nGeneral\r\nAuthority: SDCL 34-1-17, 34-18-22.
\r\n\r\nLaw\r\nImplemented: SDCL 34-18-22, 34-18-24.
\r\n\r\n\r\nCross-Reference:\r\nCommunicable disease control, art 44:20.
\r\n\r\n\r\n44:02:02:02. Employee\r\ncleanliness. Employees must wear clean outer garments and maintain personal\r\ncleanliness while on duty. They must wash their hands thoroughly before\r\nstarting work and as often as necessary to remove soil and contamination.\r\nEmployees may not resume work after visiting the toilet room without first\r\nwashing their hands.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 20 SDR 204,\r\neffective June 8, 1994.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n 44:02:02:03. Water\r\nsupply. The owner shall provide an accessible, adequate, and safe supply of\r\nwater to each lodging facility. If a public water system of the quantity,\r\nquality, and pressure approved by the Department of
\r\n\r\n
Source: SL 1975, ch 16,\r\n§ 1; 6 SDR 93, effective July 1, 1980; 20 SDR 204, effective June 8, 1994;\r\n23 SDR 75, effective November 19, 1996; 34 SDR 321, effective June 30, 2008; 36\r\nSDR 31, effective August 18, 2009; SL 2021, ch 1, §§ 8, 19, effective April\r\n19, 2021.
\r\n\r\nGeneral Authority: SDCL 34-1-17, 34-18-22.
\r\n\r\nLaw Implemented: SDCL 34-18-22, 34-18-24.
\r\n\r\n\r\n\r\n
Cross-Reference: Water\r\nhygiene, art 74:04.
\r\n\r\n\r\n\r\n
44:02:02:04. Private wells.Repealed.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 6 SDR 93, effective July 1,\r\n1980; repealed, 20 SDR 204, effective June 8, 1994.
\r\n\r\n\r\n44:02:02:06. Sewage\r\ndisposal. Repealed.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; repealed, 20 SDR\r\n204, effective June 8, 1994.
\r\n\r\n\r\n 44:
Source:\r\nSL 1975, ch 16, § 1; 6 SDR 93, effective July 1,\r\n1980; repealed, 20 SDR 204, effective June 8, 1994.
\r\n\r\n\r\n44:02:02:09. Garbage\r\nand rubbish storage and disposal. Guest rooms must be provided with waste\r\ncollection containers that are either lined with plastic bags or cleaned and\r\nsanitized between guests. All stored garbage and rubbish must be kept in\r\nleakproof, nonabsorbent containers which are kept covered with tight-fitting\r\nlids when filled, stored, or not in continuous use. Accessibility by insects,\r\nrodents, and other animals must be minimized. Disposal must be done at least\r\ntwice weekly or as frequently as needed by volume or conditions. If an\r\nestablishment collects and transports its own refuse, the refuse must be in\r\ncovered leakproof nonabsorbent vehicles or containers. Disposal of garbage and\r\nrubbish may not create a health hazard.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 20 SDR 204,\r\neffective June 8, 1994.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:02:15. Heating equipment venting.Repealed.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 6 SDR 93, effective July 1,\r\n1980; repealed, 20 SDR 204, effective June 8, 1994.
\r\n\r\n\r\n44:02:02:16. Sanitary design, construction, and installation\r\nof equipment and utensils.Repealed.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; repealed, 6 SDR 93,\r\neffective July 1, 1980.
\r\n\r\n\r\n44:02:02:23. Electrical wiring.Repealed.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 6 SDR 93, effective July 1,\r\n1980; repealed, 20 SDR 204, effective June 8, 1994.
\r\n\r\n\r\nCHAPTER 44:02:03
\r\n\r\n\r\n(Repealed.\r\n36 SDR 31, effective August 18, 2009.)
\r\n\r\n\r\n\r\nCHAPTER 44:02:04
\r\n\r\n\r\nREVERSION OF FEES
\r\n\r\n\r\n\r\nSection
\r\n\r\n44:02:04:01 Definitions.
\r\n\r\n44:02:04:02 Inspection forms and frequencies.
\r\n\r\n44:02:04:03 Signed agreement.
\r\n\r\n44:02:04:04 Duties of designated agent.
\r\n\r\n44:02:04:05 Inspections.
\r\n\r\n44:02:04:06 Enforcement of statutes.
\r\n\r\n44:02:04:07 Supplies and resources provided.
\r\n\r\n44:02:04:08 Reversion of fees.
\r\n\r\n\r\n\r\n44:02:04:01. Definitions. Words defined by SDCL 34-18-1 have the same meaning when used in this chapter. In addition, the terms used in this chapter mean:
\r\n\r\n\r\n(1) "Inspection,"\r\nan objective investigation of an establishment by the secretary of health or an\r\nauthorized representative, using whatever scientific instruments or tools might\r\nbe needed, to determine the health, personnel practices, safety, and sanitary\r\nconditions of the establishment in accordance with SDCL 34-18 and rules of the department;
\r\n\r\n\r\n(2) "Designated\r\nagent," municipal, county, or district health department which has been\r\norganized under existing laws;
\r\n\r\n\r\n(3) "Territory,"\r\nthe geographic or political boundary within which the municipal, county, or\r\ndistrict health department has by law, regulation, or common practice\r\nestablished jurisdiction of establishments as defined in SDCL 34-18.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980.
\r\n\r\nGeneral\r\nAuthority: SDCL 34-1-17, 34-18-22.
\r\n\r\nLaw\r\nImplemented: SDCL 34-18-22.
\r\n\r\n\r\n44:02:04:02. Inspection\r\nforms and frequencies. The inspections shall be recorded on inspection\r\nforms provided by the department and shall be made at frequencies established\r\nby law or department policy. When such frequencies are maintained, additional\r\nfollow-up or specific item inspections may be made without recording the\r\nresults on the prescribed inspections forms.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:04:03. Signed\r\nagreement. An agreement shall be signed between the secretary of health and\r\nthe designated agent whenever power is delegated to carry out the duties of\r\nSDCL 34-18. All agreements shall be subject to cancellation upon 30-day written notice given by either party.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:04:04. Duties\r\nof designated agent. The designated\r\nagent shall carry out all duties of the department outlined in SDCL 34-18 unless modified by contract. The designated agent shall also perform all duties contained in memorandum agreements between the state Department of Health and other state departments and enforce all regulations, policy memorandums, and interpretations issued by the department relating to SDCL 34-18.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980.
\r\n\r\nGeneral\r\nAuthority: SDCL 34-1-17, 34-18-22.
\r\n\r\nLaw\r\nImplemented: SDCL 34-18-6, 34-18-7, 34-18-22, 34-18-24, 34-18-25.
\r\n\r\n\r\n44:02:04:05. Inspections.\r\nThe designated agent shall inspect at the frequency established in SDCL 34-18 or established by health department policy, all food service establishments, temporary food service establishments, mobile food service establishments, campgrounds, lodging establishments, county fairs, nonprofit organizations, alcoholic beverage establishments, and other establishments as defined in SDCL 34-18. The designated agent shall ascertain that all establishments comply with the minimum health standards set by statutes and regulations. Copies of all inspection reports, correspondence or other materials relating to the enforcement of SDCL 34-18 shall be forwarded to the department weekly.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980.
\r\n\r\nGeneral\r\nAuthority: SDCL 34-1-17, 34-18-22.
\r\n\r\nLaw\r\nImplemented: SDCL 34-18-6, 34-18-7, 34-18-22, 34-18-24, 34-18-25.
\r\n\r\n\r\n44:02:04:06. Enforcement\r\nof statutes. The designated agent shall promote legal or other suitable\r\ncorrective action whenever any establishment or owner violates SDCL 34-18 or department regulations. The designated agent shall cooperate with the department in all matters relating to health protection and SDCL 34-18.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980.
\r\n\r\nGeneral\r\nAuthority: SDCL 34-1-17, 34-18-22.
\r\n\r\nLaw\r\nImplemented: SDCL 34-18-6, 34-18-7, 34-18-22, 34-18-24, 34-18-25, 34-18-32.
\r\n\r\n\r\n 44:
Source:\r\nSL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:04:08. Reversion\r\nof fees. The department shall keep a record of all licensed establishments\r\nwithin the territory of each designated agent, along with a record of moneys\r\nreceived from the license fees. The return of moneys pursuant to SDCL 34-18-8 shall be on a semiannual basis.
\r\n\r\n\r\nSource:\r\nSL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980.
\r\n\r\n\r\n\r\n\r\n\r\n\r\nCHAPTER 44:02:05
\r\n\r\n\r\nSPECIALTY RESORTS
\r\n\r\n\r\n\r\nSection
\r\n\r\n44:02:05:01 Definitions.
\r\n\r\n44:02:05:02 Employee health and disease control.
\r\n\r\n44:02:05:03 Employee cleanliness.
\r\n\r\n44:02:05:04 Water supply.
\r\n\r\n44:02:05:05 Ice.
\r\n\r\n44:02:05:06 Guest room toilet and bathing\r\nfacilities.
\r\n\r\n44:02:05:07 Garbage and rubbish storage and\r\ndisposal.
\r\n\r\n44:02:05:08 Vermin control.
\r\n\r\n44:02:05:09 Lighting.
\r\n\r\n44:02:05:10 Ventilation.
\r\n\r\n44:02:05:11 Heating equipment.
\r\n\r\n44:02:05:12 Bedding and linen.
\r\n\r\n44:02:05:13 Housekeeping -- Maintenance of premises.
\r\n\r\n44:02:05:14 Hazardous condition.
\r\n\r\n44:02:05:15 Water recreation facilities.
\r\n\r\n44:02:05:16 Food supplies.
\r\n\r\n44:02:05:17 Potentially hazardous foods.
\r\n\r\n44:02:05:18 Thawing potentially hazardous foods.
\r\n\r\n44:02:05:19 Food protection.
\r\n\r\n44:02:05:20 Manual cleaning and sanitizing.
\r\n\r\n44:02:05:21 Mechanical cleaning and sanitizing.
\r\n\r\n44:02:05:22 Hand washing.
\r\n\r\n44:02:05:23 Pets.
\r\n\r\n44:02:05:24 Repealed.
\r\n\r\n44:02:05:25 Cleanliness and storage of utensils.
\r\n\r\n44:02:05:26 Single-service items.
\r\n\r\n44:02:05:27 Egress windows.
\r\n\r\n44:02:05:28 Egress window wells.
\r\n\r\n44:02:05:29 Egress window exception.
\r\n\r\n\r\n\r\n44:02:05:01. Definitions.\r\nWords defined in SDCL 34-18-1 have the same meaning when used in this chapter. In addition, the terms used in this chapter mean:
\r\n\r\n\r\n\r\n
(1) "Approved,"\r\nacceptable to the Department of Health based on compliance with applicable\r\nstandards and public health practices;
\r\n\r\n\r\n\r\n
(2) "Communicable\r\ndisease," as defined in § 44:20:01:01;
\r\n\r\n\r\n\r\n
(3) "Community\r\nwater system," a system that is regulated by the Department of
\r\n\r\n
(4) "Designated\r\nagent," a municipal, county, or district health department that has been\r\norganized under SDCL chapter 34-3 and SDCL 9-32-1 and has been designated as an agent\r\nof the secretary as provided in SDCL 34-18-7;
\r\n\r\n\r\n\r\n
(5) "Egress\r\nwindow," a window of sufficient size to meet the requirements of\r\n§ 44:02:05:27 so that an occupant of a guest room can escape through the\r\nwindow in an emergency;
\r\n\r\n\r\n\r\n
(6) "EPA-certified\r\nlaboratory," a laboratory that meets the requirements outlined in chapter\r\n74:04:07;
\r\n\r\n\r\n\r\n
(7) "Guest,"\r\nan occupant of a rental unit of a lodging establishment;
\r\n\r\n\r\n\r\n
(8) "Guest\r\nroom," any room used or intended to be used by a guest for sleeping\r\npurposes;
\r\n\r\n\r\n\r\n
(9) "Health\r\nhazard," a chemical agent, source of filth, cause of sickness, or\r\ncondition which is a health threat to others or a threat to the public health;
\r\n\r\n\r\n\r\n
(10) "Inspection,"\r\nan objective examination of a lodging establishment by the department to review\r\nthe employee practices, sanitary conditions, and health standards in accordance\r\nwith SDCL chapter 34-18 and this chapter;
\r\n\r\n\r\n\r\n
(11) "Nontransient\r\nnoncommunity public water system," a system that is regulated by the\r\nDepartment of Agriculture
\r\n\r\n
(12) "Operator,"\r\nany person or organization designated in charge of the day to day operations of\r\na lodging establishment, campground, or food service establishment as defined\r\nin SDCL 34-18-1;
\r\n\r\n\r\n\r\n
(13) "Potentially\r\nhazardous food," a food that consists in whole or in part of milk or milk\r\nproducts, eggs, meat, poultry, fish, shellfish, edible crustacea, whipped\r\nbutter, or whipped margarine, or other ingredients, including synthetic\r\ningredients, in a form capable of supporting rapid and progressive growth of\r\ninfectious or toxigenic microorganisms. The term does not include foods which\r\nhave a pH level of 4.6 or below or a water activity (Aw) value of\r\n0.85 or less;
\r\n\r\n\r\n\r\n
(14) "Primary\r\nexit," an exit with a side hinge door leading to the exterior of the\r\nstructure that is most often used when entering or exiting the structure;
\r\n\r\n\r\n\r\n
(15) "Private\r\nwater system," a water system that serves a campground, food service\r\nestablishment, or lodging establishment that is not a public water system\r\nregulated by the Department of Agriculture and Natural Resources;
\r\n\r\n\r\n\r\n
(16) "Public\r\nwater system," a system that is regulated by the Department of
\r\n\r\n
(17) "Single\r\naction hardware," a latching mechanism that allows a door to unlock and\r\nopen with a single turn or movement of the interior knob or lever. This\r\nincludes door knobs, lever handles, and panic bars;
\r\n\r\n\r\n\r\n
(18) "Specialty\r\nresort," any bed and breakfast establishment except a bed and breakfast\r\nestablishment as defined in § 44:02:06:01, lodge, dude ranch, resort,\r\nbuilding, or buildings used to provide accommodations or recreation for a\r\ncharge to the public, with no more than ten rental units for up to an average\r\nof twenty guests per night and in which meals are provided to only the guests\r\nstaying at the specialty resort;
\r\n\r\n\r\n\r\n
(19) "Transient\r\nnoncommunity water system," a system that is regulated by the Department\r\nof Agriculture
\r\n\r\n
Source: 23 SDR 75,\r\neffective November 19, 1996; 34 SDR 321, effective June 30, 2008; 36 SDR 31,\r\neffective August 18, 2009; 36 SDR 96, effective December 8, 2009
General Authority: SDCL 34-1-17, 34-18-22.
\r\n\r\nLaw Implemented: SDCL 34-18-22, 34-18-22.1, 34-18-22.2, 34-18-24.
\r\n\r\n\r\n\r\n
44:02:05:02. Employee\r\nhealth and disease control. A person while affected with any disease in a\r\ncommunicable form, while a carrier of such a disease, or while afflicted with\r\nboils, infected wounds, sores, or an acute respiratory infection may not work\r\nin any area of a specialty resort in any capacity in which there is a\r\nlikelihood of the person contaminating equipment with pathogenic organisms or\r\ntransmitting disease to other individuals. If the owner or operator of the\r\nestablishment has knowledge of any employee who has contracted a communicable\r\ndisease as listed in §§ 44:20:01:03 and 44:20:01:04 or has become a\r\ncarrier of such a disease, the owner or operator shall notify the department\r\nimmediately.
\r\n\r\n\r\nSource:\r\n23 SDR 75, effective November 19, 1996.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:05:03. Employee\r\ncleanliness. Employees must wear clean outer garments and maintain personal\r\ncleanliness while on duty. They must wash their hands thoroughly before\r\nstarting work and as often as necessary to remove soil and contamination.\r\nEmployees may not resume work after visiting the toilet room without first\r\nwashing their hands.
\r\n\r\n\r\nSource:\r\n23 SDR 75, effective November 19, 1996.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n 44:02:05:04. Water\r\nsupply. The owner shall provide an accessible, adequate, and safe supply of\r\nwater to each lodging facility. If a public water system of the quantity,\r\nquality, and pressure approved by the Department of
\r\n\r\n
Source: 23 SDR 75,\r\neffective November 19, 1996; 34 SDR 321, effective June 30, 2008; 36 SDR 31,\r\neffective August 18, 2009;\r\nSL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
\r\n\r\nGeneral Authority: SDCL 34-1-17, 34-18-22.
\r\n\r\nLaw Implemented: SDCL 34-18-22, 34-18-24.
\r\n\r\n\r\n\r\n
Cross-Reference: Water\r\nhygiene, art 74.04.
\r\n\r\n\r\n\r\n
44:02:05:07. Garbage\r\nand rubbish storage and disposal. Guest rooms must be provided with waste\r\ncollection containers that are either lined with plastic bags or cleaned and\r\nsanitized between guests. All stored garbage and rubbish must be kept in\r\nleakproof, nonabsorbent containers which are kept covered with tight-fitting\r\nlids when filled, stored, or not in continuous use. Accessibility by insects,\r\nrodents, and other animals must be minimized. Disposal must be done at least\r\ntwice weekly or as frequently as needed by volume or conditions. If an\r\nestablishment collects and transports its own refuse, the refuse must be in\r\ncovered leakproof nonabsorbent vehicles or containers. Disposal of garbage and\r\nrubbish may not create a health hazard.
\r\n\r\n\r\nSource:\r\n23 SDR 75, effective November 19, 1996.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:05:14. Hazardous\r\ncondition. If, during the course of a routine inspection, an obvious health\r\nhazard or other hazardous condition is discovered which presents an imminent\r\ndanger to individuals, the department may require the owner of the specialty resort\r\nto remove or correct the hazardous condition.
\r\n\r\n\r\nSource:\r\n23 SDR 75, effective November 19, 1996.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n 44:
Source:\r\n23 SDR 75, effective November 19, 1996.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:05:19. Food\r\nprotection. While being stored, prepared, displayed, served, or\r\ntransported, food must be protected from potential contamination. All food\r\nservice operations must be carried out in a sanitary manner.
\r\n\r\n\r\nSource:\r\n23 SDR 75, effective November 19, 1996.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:05:20. Manual\r\ncleaning and sanitizing. Manual cleaning and sanitizing must meet the\r\nfollowing requirements:
\r\n\r\n\r\n(1) Utensils and equipment\r\nmust be washed, rinsed, and sanitized manually in a sink with a minimum of\r\nthree compartments. Sink compartments must be large enough to permit the\r\naccommodation of the equipment and utensils. Each compartment of the sink must\r\nbe supplied with hot and cold potable running water;
\r\n\r\n\r\n(2) Drain boards must be\r\nprovided for handling of soiled utensils before washing and for cleaned\r\nutensils following sanitizing and must be located so as not to interfere with\r\nthe use of the dishwashing facilities;
\r\n\r\n\r\n(3) Equipment and utensils\r\nmust be preflushed or prescraped and, when necessary, presoaked to remove gross\r\nfood particles and soil;
\r\n\r\n\r\n(4) The cleaning and\r\nsanitizing of utensils in a three-compartment dishwashing sink must be\r\nconducted in the following sequence:
\r\n\r\n\r\n(a) Equipment and\r\nutensils must be thoroughly washed in the first compartment sink with detergent\r\nsolution that is kept clean and that is between 110 and 120 degrees Fahrenheit;
\r\n\r\n\r\n(b) Equipment and\r\nutensils must be rinsed free of detergent and abrasives with clean water in the\r\nsecond compartment;
\r\n\r\n\r\n(c) Equipment and\r\nutensils must be sanitized in the third compartment by immersion in a clean\r\nsolution containing a sanitizing agent that will provide the equivalent\r\nbactericidal effect of a solution containing at least 50 parts per million of\r\navailable chlorine as a hypochlorite at a temperature of at least 75 degrees\r\nFahrenheit for one minute.
\r\n\r\n\r\nAfter sanitization, all equipment and\r\nutensils must be left to air dry.
\r\n\r\n\r\nSource:\r\n23 SDR 75, effective November 19, 1996.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:05:21. Mechanical cleaning and sanitizing. If\r\nutensils are mechanically cleaned and sanitized, a commercial dishwasher or a homestyle dishwasher must be used. If a homestyle\r\ndishwasher is used, the following requirements must be met:
\r\n\r\n\r\n(1) The water as it enters\r\nthe dishwasher must be at least 120 degrees Fahrenheit;
\r\n\r\n(2) There must be a\r\nsanitizing cycle in which hot water at a minimum temperature of 150 degrees\r\nFahrenheit, not hot air, is used; and
\r\n\r\n(3) Once started, the\r\ndishwashing cycle may not be interrupted and must be allowed to complete its\r\nfull cycle.
\r\n\r\n\r\nAfter sanitization, all equipment and\r\nutensils must be left to air dry.
\r\n\r\n\r\nSource:\r\n23 SDR 75, effective November 19, 1996.
\r\n\r\nGeneral\r\nAuthority: SDCL 26-6-16.
\r\n\r\nLaw\r\nImplemented: SDCL 26-6-16.
\r\n\r\n\r\n 44:
Source:\r\n23 SDR 75, effective November 19, 1996.
\r\n\r\nGeneral\r\nAuthority: SDCL 26-6-16.
\r\n\r\nLaw\r\nImplemented: SDCL 26-6-16.
\r\n\r\n\r\nNOTE:\r\nCounties and municipalities set vaccination requirements for pets.
\r\n\r\n\r\nSection
\r\n\r\n44:02:06:01 Definitions.
\r\n\r\n44:02:06:02 Employee health and disease control.
\r\n\r\n44:02:06:03 Employee cleanliness.
\r\n\r\n44:02:06:04 Water supply.
\r\n\r\n44:02:06:05 Ice.
\r\n\r\n44:02:06:06 Toilet and bathing facilities.
\r\n\r\n44:02:06:07 Garbage and rubbish storage and\r\ndisposal.
\r\n\r\n44:02:06:08 Vermin control.
\r\n\r\n44:02:06:09 Lighting.
\r\n\r\n44:02:06:10 Ventilation.
\r\n\r\n44:02:06:11 Heating\r\nequipment.
\r\n\r\n44:02:06:12 Bedding and linen.
\r\n\r\n44:02:06:13 Housekeeping.
\r\n\r\n44:02:06:14 Hazardous condition.
\r\n\r\n44:02:06:15 Water recreation facilities.
\r\n\r\n44:02:06:16 Food supplies.
\r\n\r\n44:02:06:17 Potentially\r\nhazardous foods.
\r\n\r\n44:02:06:18 Thawing\r\npotentially hazardous foods.
\r\n\r\n44:02:06:19 Food protection.
\r\n\r\n44:02:06:20 Pets.
\r\n\r\n44:02:06:21 Inspection of registered bed and\r\nbreakfast establishments required.
\r\n\r\n\r\n\r\n44:02:06:01. Definitions.\r\nWords defined in SDCL 34-18-1 have the same meaning when used in this chapter. In addition, the terms used in this chapter mean:
\r\n\r\n\r\n\r\n
(1) "Approved,"\r\nacceptable to the Department of Health based on compliance with applicable\r\nstandards and public health practices;
\r\n\r\n\r\n\r\n
(2) "Bed and\r\nbreakfast establishment," any building or buildings run by an operator\r\nthat is used to provide accommodations for a charge to the public, with at most\r\nfive rental units for up to an average of ten guests per night and in which\r\nfamily style meals are provided;
\r\n\r\n\r\n\r\n
(3) "Communicable\r\ndisease," as defined in § 44:20:01:01;
\r\n\r\n\r\n\r\n
(4) "Community\r\nwater system," a system that is regulated by the Department of
\r\n\r\n
(5) "Designated\r\nagent," a municipal, county, or district health department that has been\r\norganized under SDCL chapter 34-3 and SDCL 9-32-1 and has been designated as an\r\nagent of the secretary as provided in SDCL 34-18-7;
\r\n\r\n\r\n\r\n
(6) "EPA-certified\r\nlaboratory," a laboratory that meets the requirements outlined in chapter\r\n74:04:07;
\r\n\r\n\r\n\r\n
(7) RESERVED;
\r\n\r\n\r\n\r\n
(8) "Guest,"\r\nan occupant of a rental unit of a lodging establishment;
\r\n\r\n\r\n\r\n
(9) "Guest\r\nroom," any room used or intended to be used by a guest for sleeping\r\npurposes;
\r\n\r\n\r\n\r\n
(10) "Health\r\nhazard," a chemical agent, source of filth, cause of sickness, or\r\ncondition that is a health threat to others or a threat to the public health;
\r\n\r\n\r\n\r\n
(11) "Inspection,"\r\nan objective examination of a lodging establishment by the department to review\r\nthe employee practices, sanitary conditions, and health standards in accordance\r\nwith SDCL chapter 34-18 and this chapter;
\r\n\r\n\r\n\r\n
(12) "Operator,"\r\nany person or organization designated in charge of the day to day operations of\r\na lodging establishment, campground, or food service establishment as defined\r\nin SDCL 34-18-1;
\r\n\r\n\r\n\r\n
(13) "Nontransient\r\nnoncommunity public water system," a system that is regulated by the\r\nDepartment of Agriculture
\r\n\r\n
(14) "Potentially\r\nhazardous food," a food that consists in whole or in part of milk or milk\r\nproducts, eggs, meat, poultry, fish, shellfish, edible crustacea, whipped\r\nbutter, or whipped margarine, or other ingredients, including synthetic\r\ningredients, in a form capable of supporting rapid and progressive growth of\r\ninfectious or toxigenic microorganisms. The term does not include foods which\r\nhave a pH level of 4.6 or below or a water activity (Aw) value of\r\n0.85 or less;
\r\n\r\n\r\n\r\n
(15) "Primary\r\nexit," an exit with a side hinge door leading to the exterior of the structure\r\nthat is most often used when entering or existing the structure;
\r\n\r\n\r\n\r\n
(16) "Private\r\nwater system," a water system that serves a campground, food service\r\nestablishment, or lodging establishment that is not a public water system\r\nregulated by the Department of Agriculture and Natural Resources;
\r\n\r\n\r\n\r\n
(17) "Public\r\nwater system," a system that is regulated by the Department of
\r\n\r\n
(18) "Single\r\naction hardware," a latching mechanism that allows a door to unlock and\r\nopen with a single turn or movement of the interior knob or lever. This\r\nincludes door knobs, lever handles, and panic bars;
\r\n\r\n\r\n\r\n
(19) "Transient\r\nnoncommunity water system," a system that is regulated by the Department\r\nof Agriculture
\r\n\r\n
Source: 23 SDR 75,\r\neffective November 19, 1996; 34 SDR 321, effective June 30, 2008; 36 SDR 31,\r\neffective August 18, 2009;\r\nSL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
\r\n\r\nGeneral Authority: SDCL 34-1-17, 34-18-22.
\r\n\r\nLaw Implemented: SDCL 34-18-22, 34-18-22.1, 34-18-22.2, 34-18-24.
\r\n\r\n\r\n\r\n
44:02:06:03. Employee\r\ncleanliness. Employees must wear clean outer garments and maintain personal\r\ncleanliness while on duty. They must wash their hands thoroughly before\r\nstarting work and as often as necessary to remove soil and contamination.\r\nEmployees may not resume work after visiting the toilet room without first\r\nwashing their hands.
\r\n\r\n\r\nSource:\r\n23 SDR 75, effective November 19, 1996.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n 44:02:06:04. Water\r\nsupply. The owner shall provide an accessible, adequate, and safe supply of\r\nwater to each lodging facility. If a public water system of the quantity,\r\nquality, and pressure approved by the Department of
\r\n\r\n
Source: 23 SDR 75,\r\neffective November 19, 1996; 34 SDR 321, effective June 30, 2008; 36 SDR 31,\r\neffective August 18, 2009;\r\nSL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
\r\n\r\nGeneral Authority: SDCL 34-1-17, 34-18-22.
\r\n\r\nLaw Implemented: SDCL 34-18-22, 34-18-24.
\r\n\r\n\r\n\r\n
Cross-Reference: Water\r\nhygiene, art 74.04.
\r\n\r\n\r\n\r\n
44:02:06:07. Garbage\r\nand rubbish storage and disposal. Guest rooms must be provided with waste\r\ncollection containers that are either lined with plastic bags or cleaned and\r\nsanitized between guests. All stored garbage and rubbish must be kept in\r\nleakproof, nonabsorbent containers which are kept covered with tight-fitting\r\nlids when filled, stored, or not in continuous use. Accessibility by insects,\r\nrodents, and other animals must be minimized. Disposal must be done at least\r\ntwice weekly or as frequently as needed by volume or conditions. If an\r\nestablishment collects and transports its own refuse, the refuse must be in\r\ncovered leakproof nonabsorbent vehicles or containers. Disposal of garbage and\r\nrubbish may not create a health hazard.
\r\n\r\n\r\nSource:\r\n23 SDR 75, effective November 19, 1996.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:06:12. Bedding\r\nand linen. Bed and breakfast establishments must furnish each guest with\r\nclean sheets and pillow cases for the bed, bunk, or cot to be occupied by the\r\nguest. Sheets must be of sufficient width and length to cover the mattress\r\ncompletely. All bath linen, sheets, and pillow cases used by one guest must be\r\nwashed and mechanically dried before being furnished to another guest. All\r\nbedding, including mattresses, mattress pads, quilts, blankets, pillows,\r\nsheets, and spreads, and all bath linen must be kept clean, in good repair, and\r\nstored in a sanitary manner. Soiled linens, uniforms, and other garments must\r\nbe kept separate from clean linens to prevent cross-contamination. All clean\r\nlinens must be stored on smooth, nonabsorbent, cleanable surfaces located a\r\nminimum of six inches above the floor.
\r\n\r\n\r\nSource:\r\n23 SDR 75, effective November 19, 1996.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:06:14. Hazardous\r\ncondition. If, during the course of a routine inspection, the department\r\ndiscovers an obvious health hazard or other hazardous condition which presents\r\nan imminent danger to individuals, the department may require the owner of the bed\r\nand breakfast establishment to remove or correct the hazardous condition.
\r\n\r\n\r\nSource:\r\n23 SDR 75, effective November 19, 1996.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:06:16. Food\r\nsupplies. Food must be free from adulteration or other contamination and\r\nmust be safe for human consumption. Food must be obtained from sources who\r\ncomply with state law. Home canned foods are prohibited.
\r\n\r\n\r\nSource:\r\n23 SDR 75, effective November 19, 1996.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:06:20. Pets.\r\nA pet present at the facility must in good health, show no evidence of carrying\r\nany disease, and have the necessary vaccinations. Pets must be excluded from\r\nfood preparation areas.
\r\n\r\n\r\nSource:\r\n23 SDR 75, effective November 19, 1996.
\r\n\r\nGeneral\r\nAuthority: SDCL 26-6-16.
\r\n\r\nLaw\r\nImplemented: SDCL 26-6-16.
\r\n\r\n\r\nNOTE:\r\nCounties and municipalities set vaccination requirements for pets.
\r\n\r\n\r\nFOOD SERVICE CODE
\r\n\r\n\r\n\r\nSection
\r\n\r\n44:02:07:01 Definitions.
\r\n\r\n44:02:07:02 Interpretation.
\r\n\r\n44:02:07:03 Person in charge.
\r\n\r\n44:02:07:04 Demonstration of knowledge by person in\r\ncharge.
\r\n\r\n44:02:07:05 Duties of person in charge.
\r\n\r\n44:02:07:06 Employee health -- Reportable\r\ninformation.
\r\n\r\n44:02:07:07 Employee exclusions and restrictions.
\r\n\r\n44:02:07:08 Removal of employee exclusions for\r\ncertain illnesses.
\r\n\r\n44:02:07:09 Removal of employee restrictions for\r\ncertain symptoms.
\r\n\r\n44:02:07:10 Removal of exclusions -- Highly\r\nsusceptible population.
\r\n\r\n44:02:07:11 Removal of exclusions and restrictions\r\nfor jaundice.
\r\n\r\n44:02:07:12 Release of employee from restriction or\r\nexclusion by the regulatory authority.
\r\n\r\n44:02:07:13 General employee cleanliness.
\r\n\r\n44:02:07:14 General employee practices.
\r\n\r\n44:02:07:15 Food supplies.
\r\n\r\n44:02:07:16 Food source requirements.
\r\n\r\n44:02:07:17 Food additives.
\r\n\r\n44:02:07:18 Potentially hazardous food.
\r\n\r\n44:02:07:19 Receiving temperature requirements for\r\npotentially hazardous food.
\r\n\r\n44:02:07:20 General food protection.
\r\n\r\n44:02:07:21 Preventing contamination by employees.
\r\n\r\n44:02:07:22 Preventing contamination during storage.
\r\n\r\n44:02:07:23 Preventing contamination of packaged and\r\nunpackaged food.
\r\n\r\n44:02:07:24 Preventing contamination from equipment,\r\nutensils, and wiping cloths.
\r\n\r\n44:02:07:25 Preventing contamination by consumers.
\r\n\r\n44:02:07:26 Refrigerated storage.
\r\n\r\n44:02:07:27 Thawing potentially hazardous food.
\r\n\r\n44:02:07:28 Cooking potentially hazardous food.
\r\n\r\n44:02:07:29 Microwave cooking.
\r\n\r\n44:02:07:30 Parasite destruction by freezing.
\r\n\r\n44:02:07:31 Hot storage of potentially hazardous\r\nfood.
\r\n\r\n44:02:07:32 Cooling of potentially hazardous food.
\r\n\r\n44:02:07:33 Reheating food.
\r\n\r\n44:02:07:34 Washing fruits and vegetables.
\r\n\r\n44:02:07:35 Food display and service.
\r\n\r\n44:02:07:36 Dispensing of milk, cream, and nondairy\r\nproducts.
\r\n\r\n44:02:07:37 Ready-to-eat food.
\r\n\r\n44:02:07:38 Date marking and disposition of\r\nready-to-eat potentially hazardous food.
\r\n\r\n44:02:07:39 Reduced-oxygen packaging.
\r\n\r\n44:02:07:40 Time as a public health control.
\r\n\r\n44:02:07:41 Variance requirement for specialized\r\nprocessing methods.
\r\n\r\n44:02:07:42 Contaminated food disposition.
\r\n\r\n44:02:07:43 General equipment and utensils --\r\nMaterials and design.
\r\n\r\n44:02:07:44 General equipment and utensils -- Use\r\nlimitations of certain materials.
\r\n\r\n44:02:07:45 Food-contact surfaces -- Design and\r\nconstruction.
\r\n\r\n44:02:07:46 Nonfood-contact surfaces -- Design and\r\nconstruction.
\r\n\r\n44:02:07:47 Clean-in-place (CIP) equipment -- Design\r\nand construction.
\r\n\r\n44:02:07:48 General equipment -- Design and\r\nconstruction.
\r\n\r\n44:02:07:49 Ventilation hood systems -- Design and\r\nconstruction.
\r\n\r\n44:02:07:50 Dispensing equipment -- Design and\r\nconstruction.
\r\n\r\n44:02:07:51 Molluscan shellfish tanks.
\r\n\r\n44:02:07:52 Temperature measuring devices.
\r\n\r\n44:02:07:53 General equipment -- Installation and\r\nlocation.
\r\n\r\n44:02:07:54 General equipment and utensils --\r\nMaintenance and operation.
\r\n\r\n44:02:07:55 Cleaning frequency of equipment and\r\nutensils.
\r\n\r\n44:02:07:56 Manual cleaning and sanitizing\r\nrequirements.
\r\n\r\n44:02:07:57 Sanitizing solution testing devices.
\r\n\r\n44:02:07:58 Mechanical cleaning and sanitizing\r\nrequirements.
\r\n\r\n44:02:07:59 Storage of cleaned equipment and\r\nutensils.
\r\n\r\n44:02:07:60 Handling of clean equipment and\r\nutensils.
\r\n\r\n44:02:07:61 Single-service and single-use articles.
\r\n\r\n44:02:07:62 Laundering of linens.
\r\n\r\n44:02:07:63 Linen storage.
\r\n\r\n44:02:07:64 Water supply.
\r\n\r\n44:02:07:65 Sewage disposal.
\r\n\r\n44:02:07:66 Plumbing system.
\r\n\r\n44:02:07:67 Backflow prevention.
\r\n\r\n44:02:07:68 Handwashing lavatories.
\r\n\r\n44:02:07:69 Handwashing lavatory supplies.
\r\n\r\n44:02:07:70 Prep/vegetable sink.
\r\n\r\n44:02:07:71 Service/janitor's sink.
\r\n\r\n44:02:07:72 Toilet facilities.
\r\n\r\n44:02:07:73 Receptacles for refuse, recyclables, and\r\nreturnables.
\r\n\r\n44:02:07:74 Storage areas for refuse, recyclables,\r\nand returnables.
\r\n\r\n44:02:07:75 Removal frequency of refuse,\r\nrecyclables, and returnables.
\r\n\r\n44:02:07:76 Design and construction of floors,\r\nwalls, and ceilings.
\r\n\r\n44:02:07:77 Cleaning and maintenance of floors,\r\nwalls, and ceilings.
\r\n\r\n44:02:07:78 Lighting.
\r\n\r\n44:02:07:79 Heating, ventilation, and air\r\nconditioning.
\r\n\r\n44:02:07:80 Employee dressing areas and lockers.
\r\n\r\n44:02:07:81 General premises.
\r\n\r\n44:02:07:82 Living and sleeping quarters.
\r\n\r\n44:02:07:83 Storage and handling of maintenance\r\nitems.
\r\n\r\n44:02:07:84 Poisonous and toxic materials.
\r\n\r\n44:02:07:85 Handling and storage of poisonous and\r\ntoxic materials.
\r\n\r\n44:02:07:86 Use of poisonous and toxic materials.
\r\n\r\n44:02:07:87 Control of insects, rodents, and other\r\npests.
\r\n\r\n44:02:07:88 Storage of personal care items,\r\nmedicines, and first aid supplies.
\r\n\r\n44:02:07:89 Prohibiting animals.
\r\n\r\n44:02:07:90 Mobile food service establishment.
\r\n\r\n44:02:07:91 Mobile food service establishment\r\nservicing operations.
\r\n\r\n44:02:07:92 Limited-menu mobile food service\r\nestablishment.
\r\n\r\n44:02:07:93 Temporary food service establishment.
\r\n\r\n44:02:07:94 Variances.
\r\n\r\n44:02:07:95 Demonstration of conformance with\r\nvariance.
\r\n\r\n44:02:07:96 Submission of a HACCP plan.
\r\n\r\n44:02:07:97 Contents of a HACCP plan.
\r\n\r\n44:02:07:98 Food service manager certification.
\r\n\r\n44:02:07:99 Repealed.
\r\n\r\n\r\n\r\n44:02:07:01. Definitions.\r\nWords defined in SDCL 34-18-1 have the same meaning when used in this chapter. In addition, the terms used in this chapter mean:
\r\n\r\n\r\n(1) "Adulterated,"\r\none or more of the following conditions of food:
\r\n\r\n\r\n(a) Bears or contains\r\na poisonous or deleterious substance in a quantity which may render it\r\ninjurious to health;
\r\n\r\n\r\n(b) Bears or contains\r\na poisonous or deleterious substance for which no safe tolerance has been\r\nestablished by law or is in excess of such a tolerance if one has been\r\nestablished;
\r\n\r\n\r\n(c) Consists in whole\r\nor in part of any filthy, putrid, or decomposed substance or otherwise is unfit\r\nfor human consumption;
\r\n\r\n\r\n(d) Has been\r\nprocessed, prepared, packed, or held under unsanitary conditions, by which it\r\nmay have become contaminated with filth or rendered injurious to health;
\r\n\r\n\r\n(e) Is in whole or in\r\npart the product of a diseased animal or an animal which has died otherwise\r\nthan by slaughter; or
\r\n\r\n\r\n(f) Is contained in a\r\ncontainer which is composed in whole or in part of any poisonous or deleterious\r\nsubstance which may render the contents injurious to health:
\r\n\r\n\r\n(2) "Approved,"\r\nacceptable to the regulatory authority based on a determination of conformity\r\nwith safe food manufacturing and processing methods;
\r\n\r\n\r\n(3) "aw,"\r\nwater activity which is a measure of the free moisture in a food and is the\r\nquotient of the water vapor pressure of the substance divided by the vapor\r\npressure of pure water at the same temperature;
\r\n\r\n\r\n(4) "Certification\r\nnumber," a unique combination of letters and numbers assigned by a\r\nshellfish control authority to a molluscan shellfish dealer according to the\r\nprovisions of the National Shellfish Sanitation Program;
\r\n\r\n\r\n(5) "Clean-in-place,"\r\nor "CIP," a method of cleaning equipment at its location by means of\r\nthe circulation or flowing by mechanical means through a piping system of a\r\ndetergent solution, water rinse, and sanitizing solution onto or over equipment\r\nsurfaces that require cleaning, such as the method used, in part, to clean and\r\nsanitize a frozen dessert machine, but not the cleaning of equipment such as\r\nband saws, slicers, or mixers that are subjected to in-place manual cleaning\r\nwithout the use of a CIP system;
\r\n\r\n\r\n(6) "C.F.R.," or\r\n"Code of Federal Regulations," the compilation of general and permanent\r\nrules published in the Federal Register by the executive departments and\r\nagencies of the federal government;
\r\n\r\n\r\n(7) "Comminuted,"\r\nreduced in size by methods that include chopping, flaking, grinding, or\r\nmincing; fish or meat products that are reduced in size and restructured or\r\nreformulated, such as gefilte fish, formed roast beef, gyros, ground beef, and\r\nsausage; and a mixture of two or more types of meat that have been reduced in\r\nsize and combined, such as sausages made from two or more meats;
\r\n\r\n\r\n(8) "Commissary,"\r\na catering establishment, restaurant, or other place in which food, containers,\r\nor supplies are kept, handled, prepared, packaged, or stored, including a\r\nservice center or base of operations from which mobile food units are directly\r\nsupplied or serviced;
\r\n\r\n\r\n(9) "Consumer," a\r\nperson who is a member of the public, takes possession of food, is not\r\nfunctioning in the capacity of an operator of a food establishment, and does\r\nnot offer the food for resale;
\r\n\r\n\r\n(10) "Corrosion-resistant\r\nmaterial," means a material that maintains an easily cleanable surface\r\nunder prolonged influence of the food to be contacted, the normal use of\r\ncleaning compounds and sanitizing solutions, and other conditions of the use\r\nenvironment;
\r\n\r\n\r\n(11) "Critical control\r\npoint," a point or procedure in a specific food system where loss of\r\ncontrol may result in an unacceptable health risk;
\r\n\r\n\r\n(12) "Critical\r\nitem," a provision of this code that, if violated, is more likely than\r\nother violations to contribute to food contamination, illness, or environmental\r\ndegradation;
\r\n\r\n\r\n(13) "Critical\r\nlimit," the maximum or minimum value to which a physical, biological, or\r\nchemical parameter must be controlled at a critical control point to minimize\r\nthe risk that the identified food safety hazard may occur;
\r\n\r\n\r\n(14) "Dry storage\r\narea," a room or area designated for the storage of packaged or\r\ncontainerized bulk food that is not potentially hazardous and dry goods such as\r\nsingle-service items;
\r\n\r\n\r\n(15) "Easily\r\ncleanable," a characteristic of a surface that:
\r\n\r\n\r\n(a) Allows effective\r\nremoval of soil by normal cleaning methods;
\r\n\r\n(b) Is dependent on\r\nthe material, design, construction, and installation of the surface; and
\r\n\r\n(c) Varies with the\r\nlikelihood of the surface's role in introducing pathogenic or toxigenic agents\r\nor other contaminants into food based on the surface's approved placement,\r\npurpose, and use;
\r\n\r\n\r\n(16) "Easily\r\nmovable," any item described as follows:
\r\n\r\n\r\n(a) Weighs 23\r\nkilograms (50 pounds) or less; is mounted on casters, gliders, or rollers; or\r\nis provided with a mechanical means requiring no more than 23 kilograms (50\r\npounds) of force to safely tilt a unit of equipment for cleaning; and
\r\n\r\n\r\n(b) Has no utility\r\nconnection, a utility connection that disconnects quickly, or a flexible\r\nutility connection line of sufficient length to allow the equipment to be moved\r\nfor cleaning of the equipment and adjacent area;
\r\n\r\n\r\n(17) "Employee,"\r\nthe license holder, person in charge, person having supervisory or management\r\nduties, person on the payroll, family member, volunteer, person performing work\r\nunder contractual agreement, or other person working in a food establishment;
\r\n\r\n\r\n(18) "EPA,"\r\nEnvironmental Protection Agency;
\r\n\r\n\r\n(19) "Equipment,"\r\nitems, other than utensils, used in the operation of a food establishment,\r\nincluding stoves, ranges, hoods, ovens, proof boxes, freezers, slicers,\r\nmeatblocks, tables, counters, refrigerators, sinks, dishwashing machines,\r\nsteamtables, and mixers;
\r\n\r\n\r\n(20) "Exotic\r\nspecies," an animal that comes from or that is commonly found in another\r\npart of the world or in a foreign country;
\r\n\r\n\r\n(21) "Fish,"\r\nfresh or saltwater finfish, molluscan shellfish, crustaceans, and other forms\r\nof aquatic animal life other than birds or mammals, including any edible human\r\nfood product derived in whole or in part from fish, including fish that has\r\nbeen processed in any manner;
\r\n\r\n\r\n(22) "Food," a\r\nraw, cooked, or processed edible substance, ice, beverage, or ingredient used\r\nor intended for use or for sale in whole or in part for human consumption;
\r\n\r\n\r\n(23) "Food borne\r\ndisease outbreak," illness experienced by two or more persons after\r\ningestion of a common food which an epidemiological analysis implicates as the\r\nsource of the illness; a single case of illness from botulism or chemical\r\npoisoning;
\r\n\r\n\r\n(24) "Food-contact\r\nsurface," those surfaces of equipment or utensils with which food normally\r\ncomes in contact and those surfaces from which liquids or other substances may\r\ndrain, drip, or splash into or onto food or surfaces normally in contact with\r\nfood;
\r\n\r\n\r\n(25) "Food\r\nemployee," an individual working with unpackaged food, food equipment or\r\nutensils, or food-contact surfaces;
\r\n\r\n\r\n(26) "Food\r\nestablishment," a food service establishment, mobile food service\r\nestablishment, or temporary food service establishment;
\r\n\r\n\r\n(27) "Game\r\nanimal," an animal, the products of which are food, that is not classified\r\nas cattle, sheep, swine, goat, poultry, fish, or bison;
\r\n\r\n\r\n(28) "General-use\r\npesticide," a pesticide that is not classified by EPA for restricted use\r\nas specified in 40 C.F.R. 152.175, July 1, 1996;
\r\n\r\n\r\n(29) "HACCP\r\nplan," a written document that delineates the formal procedures for\r\nfollowing the Hazard Analysis Critical Control Point principles developed by\r\nThe National Advisory Committee on Microbiological Criteria for Foods in annex\r\n5 of the Food Code, U.S. Public Health Service, 1995, pages 1 to 32, inclusive,\r\nprinted September 1995;
\r\n\r\n\r\n(30) "Hazard," a\r\nbiological, chemical, or physical property that may cause an unacceptable\r\nconsumer health risk;
\r\n\r\n\r\n(31) "Hermetically sealed\r\ncontainer," a container that is designed and made to be secure against the\r\nentry of microorganisms and, in the case of low acid canned foods, to maintain\r\nthe sterility of its contents after processing;
\r\n\r\n\r\n(32) "Highly\r\nsusceptible population," a group of persons who are more likely than other\r\npopulations to experience foodborne disease because they have weak immune\r\nsystems or are older adults and in a facility that provides health care or\r\nassisted living services, such as a hospital or nursing home; children of\r\npreschool age in a facility that provides custodial care, such as a day care\r\ncenter;
\r\n\r\n\r\n(33) "Injected,"\r\nmanipulation of a meat that allows infectious or toxigenic microorganisms to be\r\nintroduced from its surface to its interior through tenderizing with deep\r\npenetration or injecting the meat, such as with juices, which is referred to as\r\n"injecting," "pinning," or "stitch pumping";
\r\n\r\n\r\n(34) "Kitchenware,"\r\nall multiuse utensils other than tableware used in the storage, preparation,\r\nconveying, or serving of food;
\r\n\r\n\r\n(35) "Law,"\r\napplicable local, state, and federal statutes, regulations, and ordinances;
\r\n\r\n\r\n(36) "License," a\r\ndocument issued by the South Dakota Department of Health that authorizes a\r\nperson or persons to operate a food service establishment, mobile food service\r\nestablishment, or temporary food service establishment;
\r\n\r\n\r\n(37) "Linens,"\r\nfabric items such as cloth hampers, cloth napkins, table cloths, wiping cloths,\r\nand work garments, including cloth gloves;
\r\n\r\n\r\n(38) "Meat," the\r\nflesh of animals used as food, including the dressed flesh of cattle, swine,\r\nsheep, goats, bison, and other edible animals, except fish and poultry, that is\r\noffered for human consumption;
\r\n\r\n\r\n(39) "mg/L,"\r\nmilligrams per liter, which is the metric equivalent of parts per million\r\n(ppm);
\r\n\r\n\r\n(40) "Molluscan\r\nshellfish," any edible species of fresh or frozen oysters, clams, mussels,\r\nand scallops, or their edible portions, except the shucked adductor muscle of\r\nthe scallop used alone;
\r\n\r\n\r\n(41) "Packaged,"\r\nbottled, canned, cartoned, securely bagged, or securely wrapped, but not the\r\nwrapper, carry-out box, or other nondurable container used to contain food with\r\nthe purpose of facilitating food protection during service and receipt of the\r\nfood by the consumer;
\r\n\r\n\r\n(42) "Person," an\r\nassociation, corporation, individual, partnership, other legal entity,\r\ngovernment, or governmental subdivision or agency;
\r\n\r\n\r\n(43) "Person in\r\ncharge," the individual present in a food establishment who is responsible\r\nfor its food service operations;
\r\n\r\n\r\n(44) "Personal care\r\nitems," items or substances that may be poisonous, toxic, or a source of\r\ncontamination that are used to maintain or enhance a person's health, hygiene,\r\nor appearance, including medicines, first aid supplies, cosmetics, and\r\ntoiletries such as toothpaste and mouthwash;
\r\n\r\n\r\n(45) "pH," the\r\nsymbol for the negative logarithm of the hydrogen ion concentration, which is a\r\nmeasure of the degree of acidity or alkalinity of a solution, with values\r\nbetween 0 and 7 indicating acidity, values between 7 and 14 indicating\r\nalkalinity, and the value of 7 considered neutral;
\r\n\r\n\r\n(46) "Physical\r\nfacilities," the structure and interior surfaces of a food establishment,\r\nincluding accessories such as soap and towel dispensers and attachments such as\r\nlight fixtures and heating or air conditioning system vents;
\r\n\r\n\r\n(47) "Physician,"\r\na person licensed under SDCL chapter 36-4 to practice medicine in this state;
\r\n\r\n\r\n(48) "Poultry,"\r\nany domesticated birds, such as chickens, turkeys, ducks, geese, or guineas,\r\nwhether live or dead;
\r\n\r\n\r\n(49) "Premises,"\r\nthe physical facility, its contents, and the contiguous land or property under\r\nthe control of the license holder; whether it is a stand-alone facility or\r\nwhether it is only one component of a larger organization, such as a health\r\ncare facility, hotel, motel, school, recreational camp, or prison;
\r\n\r\n\r\n(50) "Reconstituted,"\r\ndehydrated food products combined with water or other liquids;
\r\n\r\n\r\n(51) "Reduced-oxygen\r\npackaging," the reduction of the amount of oxygen in a package by\r\nmechanically evacuating the oxygen; displacing the oxygen with another gas or\r\ncombination of gases; or otherwise controlling the oxygen content in a package\r\nto a level below that normally found in the surrounding atmosphere, which is 21\r\npercent oxygen, including altered atmosphere, modified atmosphere, controlled\r\natmosphere, low oxygen, and vacuum packaging, including sous vide;
\r\n\r\n\r\n(52) "Refuse,"\r\nsolid waste not carried by water through the sewage system, including discarded\r\norganic matter, garbage, trash, and other waste materials resulting from the\r\noperation of a food establishment;
\r\n\r\n\r\n(53) "Regulatory\r\nauthority," the local, state, or federal enforcement body or authorized\r\nrepresentative that has jurisdiction over the food establishment;
\r\n\r\n\r\n(54) "Restricted-use\r\npesticide," a pesticide product that contains the active ingredients\r\nspecified in 40 C.F.R. 152.175, July 1, 1996, and that is limited to use by a\r\ncertified applicator per article 12:56;
\r\n\r\n\r\n(55) "Safe\r\nmaterial," an article manufactured from or composed of materials that may\r\nnot reasonably be expected to result, directly or indirectly, in their becoming\r\na component or otherwise affecting the characteristics of any food;
\r\n\r\n\r\n(56) "Sanitization,"\r\nthe application of cumulative heat or chemicals on cleaned food contact surfaces\r\nthat, when evaluated for efficacy, yield a reduction of 5 logarithms, which is\r\nequal to 99.999 percent reduction, of representative foodborne disease\r\nmicroorganisms;
\r\n\r\n\r\n(57) "Sealed,"\r\nfree of cracks or other openings that allow the entry or passage of moisture;
\r\n\r\n\r\n(58) "Sewage,"\r\nliquid waste containing animal or vegetable matter in suspension or solution;\r\nliquids containing chemicals in solution;
\r\n\r\n\r\n(59) "Shellstock,"\r\nraw, in-shell molluscan shellfish;
\r\n\r\n\r\n(60) "Shucked\r\nshellfish," molluscan shellfish that have one or both shells removed;
\r\n\r\n\r\n(61) "Single-service\r\narticles," tableware, carry-out utensils, and other items, such as bags,\r\ncontainers, placemats, stirrers, straws, toothpicks, and wrappers, that are\r\ndesigned and constructed for one time, one person use;
\r\n\r\n\r\n(62) "Single-use\r\narticles," utensils and bulk food containers designed and constructed to\r\nbe used once and discarded, including waxed paper, butcher paper, plastic wrap,\r\nformed aluminum food containers, jars, plastic tubs or buckets, bread wrappers,\r\npickle barrels, ketchup bottles, and number 10 cans which do not meet the\r\nmaterials, durability, strength, and cleanability specifications for multiuse\r\nutensils in § 44:02:07:43;
\r\n\r\n\r\n(63) "Smooth,"\r\nfood contact surfaces or nonfood contact surfaces that are easily cleanable and\r\nfree of breaks, open seams, cracks, chips, pits, and similar imperfections,\r\nincluding floors, walls, or ceilings that have an even or level surface with no\r\nroughness or projections that make it difficult to clean;
\r\n\r\n\r\n(64) "Support animal,"\r\na trained animal, such as a Seeing Eye dog, that accompanies a person with a\r\ndisability to assist in managing the disability and enables the person to\r\nperform functions that the person would otherwise be unable to perform;
\r\n\r\n\r\n(65) "Tableware,"\r\neating, drinking, and serving utensils for table use, such as flatware,\r\nincluding forks, knives, and spoons; hollowware, including bowls, cups, serving\r\ndishes, tumblers; and plates;
\r\n\r\n\r\n(66) "Temperature\r\nmeasuring device," a thermometer, thermocouple, thermistor, or other\r\ndevice that indicates the temperature of food, air, or water;
\r\n\r\n\r\n(67) "Utensil," a\r\nfood-contact implement or container used in the storage, preparation,\r\ntransportation, dispensing, sale, or service of food, such as kitchenware or\r\ntableware that is multiuse, single-service, or single-use; gloves used in\r\ncontact with food; and food temperature measuring devices;
\r\n\r\n\r\n(68) "Warewashing,"\r\nthe cleaning and sanitizing of food-contact surfaces of equipment and utensils;
\r\n\r\n\r\n(69) "Water\r\nsupply," a safe, accessible, and adequate source of water that meets\r\nrequirements in article 74:04, Water Hygiene.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:02. Interpretation.\r\nInterpretation of the rules in this chapter must conform to the public health\r\nreasons given after the rules in annex 3, of the Food Code, U.S. Public Health\r\nService, 1995, pages 1 to 69, inclusive, printed September 1995.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\nGeneral\r\nAuthority: SDCL 34-1-17, 34-18-22.
\r\n\r\nLaw\r\nImplemented: SDCL 34-18-22, 34-18-25.
\r\n\r\n\r\nReference:\r\nPages 1 to 69 in annex 3, inclusive, of the 1995 Food Code, September 1995,\r\npublished by the U.S. Department of Health and Human Services, Public Health\r\nService, Food and Drug Administration, Pub. No. PB95-265492CEH. Copies are\r\navailable from the U.S. Department of Commerce, Technology Administration,\r\nNational Technical Information Service, 5285 Port Royal Road, Springfield, VA\r\n22161 (703-487-4650) for $25 and $4 shipping and handling.
\r\n\r\n\r\n44:02:07:03. Person\r\nin charge. The license holder must be the person in charge or must\r\ndesignate a person in charge that oversees all food service operations in the\r\nfood establishment. A person in charge must be designated for each work shift.\r\nAt least one person in charge in each establishment must be a certified food\r\nservice manager. Prior to opening, all new food service establishments and\r\nmobile food service establishments must have a certified food service manager\r\nas the person in charge. Upon a change of ownership of a food service\r\nestablishment or mobile food service establishment, a 90-day grace period from\r\nthe date the ownership change takes place will be given to implement a\r\ncertified food service manager as the person in charge. By July 1, 2000, all\r\nexisting food service establishments and mobile food service establishments\r\nmust have a certified food service manager as the person in charge. When a\r\ncertified food service manager leaves an establishment, the establishment has a\r\n90-day grace period to obtain another certified food service manager. Temporary\r\nfood service establishments are exempt from the food service manager\r\ncertification requirement.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\nGeneral\r\nAuthority: SDCL 34-1-17, 34-18-22.
\r\n\r\nLaw\r\nImplemented: SDCL 34-18-22, 34-18-25.
\r\n\r\n\r\nCross-Reference:\r\nFood service manager certification, § 44:02:07:98.
\r\n\r\n\r\n44:02:07:04. Demonstration of knowledge by person in charge.\r\nBased on the risks of foodborne illness inherent to\r\nthe food operation, during inspections and upon request, the person in charge\r\nmust be able to demonstrate to the regulatory authority, that the person has\r\nknowledge of foodborne disease prevention,\r\napplication of the Hazard Analysis Critical Control Point principles, and the\r\nrequirements of this chapter as it relates to the food operation. The person in\r\ncharge must demonstrate this knowledge by means of the following:
\r\n\r\n\r\n(1) Describing the\r\nrelationship between the prevention of foodborne\r\ndisease and the personal hygiene of a food employee;
\r\n\r\n\r\n(2) Explaining the\r\nresponsibility of the person in charge for preventing the transmission of foodborne disease by a food employee who has a disease or\r\nmedical condition that may cause foodborne disease;
\r\n\r\n\r\n(3) Describing diseases\r\nthat are transmissible through food and the symptoms associated with the\r\ndiseases;
\r\n\r\n\r\n(4) Explaining the\r\nsignificance of the relationship between maintaining the time and temperature\r\nof potentially hazardous food and the prevention of foodborne\r\nillness;
\r\n\r\n\r\n(5) Explaining the hazards\r\ninvolved in the consumption of raw or undercooked meat, poultry, eggs, and\r\nfish;
\r\n\r\n\r\n(6) Stating the required\r\nfood temperatures and times for safe cooking of potentially hazardous food,\r\nincluding meat, poultry, eggs, and fish;
\r\n\r\n\r\n(7) Stating the required\r\ntemperatures and times for the safe refrigerated storage, hot holding, cooling,\r\nand reheating of potentially hazardous food;
\r\n\r\n\r\n(8) Describing the\r\nrelationship between the prevention of foodborne\r\nillness and the management and control of the following:
\r\n\r\n\r\n(a) Cross-contamination;
\r\n\r\n(b) Hand contact with\r\nready-to-eat foods;
\r\n\r\n(c) Handwashing; and
\r\n\r\n(d) Maintaining the\r\nfood establishment in a clean condition and in good repair;
\r\n\r\n\r\n(9) Explaining correct\r\nprocedures for cleaning and sanitizing utensils and food-contact surfaces of\r\nequipment;
\r\n\r\n\r\n(10) Identifying poisonous\r\nor toxic materials in the food establishment and the procedures necessary to\r\nensure that they are safely stored, dispensed, used, and disposed of;
\r\n\r\n\r\n(11) Identifying critical\r\ncontrol points in the operation from purchasing through sale or service that\r\nmay contribute to foodborne illness and explaining\r\nsteps taken to ensure that the points are controlled in accordance with the\r\nrequirements of this chapter; and
\r\n\r\n\r\n(12) Explaining the details\r\nof how the person in charge and food employees comply with the HACCP plan if a\r\nplan is required by this chapter, or an agreement between the regulatory\r\nauthority and the establishment.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\nGeneral\r\nAuthority: SDCL 34-1-17, 34-18-22.
\r\n\r\nLaw\r\nImplemented: SDCL 34-18-22, 34-18-25.
\r\n\r\n\r\nReference:\r\nHazard Analysis Critical Control Point Principles, Annex 5, Food Code, U.S.\r\nPublic Health Service, 1995, pages 1 to 32, inclusive, printed September 1995.\r\nCopies are available from the U.S. Department of Commerce, Technology\r\nAdministration, National Technical Information\r\nService, 5285 Port Royal Road, Springfield, VA 22161 (703-487-4650) for $25 and\r\n$4 shipping and handling.
\r\n\r\n\r\n44:02:07:05. Duties\r\nof person in charge. The person in charge must ensure that:
\r\n\r\n\r\n(1) Persons unnecessary to\r\nthe food establishment operation are not allowed in the food preparation, food\r\nstorage, or warewashing areas;
\r\n\r\n\r\n(2) Employees and other\r\npersons, such as delivery and maintenance persons and pesticide applicators\r\nentering the food preparation, food storage, and warewashing areas, comply with\r\nthis chapter;
\r\n\r\n\r\n(3) Employees are\r\neffectively cleaning their hands, by routinely monitoring the employees'\r\nhandwashing;
\r\n\r\n\r\n(4) Employees are visibly\r\nobserving foods as they are received to determine that they are from approved\r\nsources, delivered at the required temperatures, protected from contamination,\r\nunadulterated, and accurately presented;
\r\n\r\n\r\n(5) Employees are properly\r\ncooking potentially hazardous food as specified in § 44:02:07:28, being\r\nparticularly careful in cooking those foods known to cause severe foodborne\r\nillness and death, such as eggs and comminuted meats;
\r\n\r\n\r\n(6) Employees are using\r\nproper methods to rapidly cool potentially hazardous foods as specified in\r\n§ 44:02:07:32 that are not held hot or are not for consumption within four\r\nhours;
\r\n\r\n\r\n(7) Consumers who order raw\r\nor partially cooked foods of animal origin are informed that the food is not\r\ncooked sufficiently to ensure its safety;
\r\n\r\n\r\n(8) Employees are properly\r\nsanitizing cleaned multiuse equipment and utensils as specified in\r\n§§ 44:02:07:56 and 44:02:07:58 before they are reused; and
\r\n\r\n\r\n(9) Consumers are notified\r\nthat clean tableware is to be used when they return to self-service areas such\r\nas salad bars and buffets as specified in § 44:02:07:25.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:06. Employee\r\nhealth -- Reportable information. The license holder must require food\r\nemployee applicants to whom a conditional offer of employment is made and\r\ncurrent food employees to report information to the person in charge about\r\ntheir health and activities as they relate to diseases that are transmissible\r\nthrough food, including the date of onset of jaundice or of an illness\r\nspecified in subdivision (1) of this section. A food employee or applicant must\r\nreport the information in a manner that allows the person in charge to prevent\r\nthe likelihood of food borne disease transmission. Information is reportable if\r\nthe food employee or applicant meets any of the following conditions:
\r\n\r\n\r\n(1) Is diagnosed with an\r\nillness due to:
\r\n\r\n\r\n(a) Salmonella spp.;
\r\n\r\n(b) Shigella spp.;
\r\n\r\n(c) Escherichia coli O157:H7;
\r\n\r\n(d) Hepatitis A virus;\r\nor
\r\n\r\n(e) Other diseases\r\ntransmissible through food such as:
\r\n\r\n\r\n(i) Amebiasis;
\r\n\r\n(ii)Campylobacteriosis;
\r\n\r\n(iii) Cholera;
\r\n\r\n(iv) Norwalk virus;
\r\n\r\n(v) Giardiasis;
\r\n\r\n(vi) Staphylococcal or streptococcal\r\ninfections; or
\r\n\r\n(vii) Yersiniosis;
\r\n\r\n\r\n(2) Has a symptom caused by\r\nillness, infection, or another source that is:
\r\n\r\n\r\n(a) Associated with an\r\nacute gastrointestinal illness, such as the following:
\r\n\r\n\r\n(i) Diarrhea;
\r\n\r\n(ii)Fever;
\r\n\r\n(iii) Vomiting;
\r\n\r\n(iv) Jaundice; or
\r\n\r\n(v) Sore throat with fever; or
\r\n\r\n\r\n(b) A lesion\r\ncontaining pus, such as a boil or infected wound that is open or draining and\r\nis located as follows:
\r\n\r\n\r\n(i) On the hands or wrists, unless an impermeable cover such as\r\na finger cot or stall protects the lesion and a single-use glove is worn over\r\nthe impermeable cover;
\r\n\r\n(ii)On exposed portions of the arms, unless the\r\nlesion is protected by an impermeable cover; or
\r\n\r\n(iii) On other parts of the body, unless the\r\nlesion is covered by a dry, durable, tight-fitting bandage;
\r\n\r\n\r\n(3) Had a past illness from\r\nan infectious agent specified in subdivision (1) of this section; or
\r\n\r\n\r\n(4) Meets one or more of\r\nthe following high-risk conditions:
\r\n\r\n\r\n(a) Is suspected of\r\ncausing, or being exposed to, a confirmed disease outbreak caused by Salmonella spp., Shigella spp., E. coli\r\nO157:H7, hepatitis A virus illness, or other disease transmissible through\r\nfood, including an outbreak at an event such as a family meal, church supper,\r\nor ethnic festival because the food employee or applicant:
\r\n\r\n\r\n(i) Prepared food implicated in the outbreak;
\r\n\r\n(ii)Consumed food implicated in the outbreak; or
\r\n\r\n(iii) Consumed food at the event prepared by a\r\nperson who is infected or ill with the infectious agent that caused the\r\noutbreak or who is suspected of being a carrier of the infectious agent; or
\r\n\r\n\r\n(b) Lives in the same\r\nhousehold as a person who is diagnosed with a disease caused by Salmonella spp., Shigella spp., E. coli\r\n0157:H7, hepatitis A virus infection, or other disease transmissible\r\nthrough food; or
\r\n\r\n\r\n(c) Lives in the same\r\nhousehold as a person who attends or works in a setting where there is a\r\nconfirmed disease outbreak caused by Salmonella\r\nspp., Shigella spp., E. coli O157:H7, hepatitis A virus\r\ninfection, or other disease transmissible through food.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:07. Employee\r\nexclusions and restrictions. The person in charge must exclude an ill\r\nemployee or advise the employee to seek medical diagnosis. Upon receipt of\r\nmedical documentation, the person in charge must restrict or exclude the\r\nemployee in the following manner:
\r\n\r\n\r\n(1) Exclude a food employee\r\nfrom a food establishment if the food employee is diagnosed with an infectious\r\nagent specified in subdivision 44:02:07:06(1);
\r\n\r\n\r\n(2) Except as specified\r\nunder subdivision (3) of this section, restrict a food employee from working\r\nwith exposed food; clean equipment, utensils, and linens; and unwrapped\r\nsingle-service and single-use articles in a food establishment if the food\r\nemployee is:
\r\n\r\n\r\n(a) Suffering from a\r\nsymptom specified in subdivision 44:02:07:06(2); or
\r\n\r\n\r\n(b) Is not\r\nexperiencing a symptom of acute gastroenteritis specified in subdivision\r\n44:02:07:06(2)(a) but has a stool that yields a specimen culture that is\r\npositive for Salmonella spp. or Shigella spp.;
\r\n\r\n\r\n(3) If the population\r\nserved is a highly susceptible population, exclude a food employee who:
\r\n\r\n\r\n(a) Is experiencing a\r\nsymptom of acute gastrointestinal illness specified in subdivision\r\n44:02:07:06(2)(a) and meets a high-risk condition specified in subdivisions\r\n44:02:07:06(4)(a)-(c);
\r\n\r\n\r\n(b) Is not\r\nexperiencing a symptom of acute gastroenteritis specified in subdivision\r\n44:02:07:06(2)(a) but has a stool that yields a specimen culture that is\r\npositive for Salmonella spp., Shigella spp., or Escherichia coli O157:H7;
\r\n\r\n\r\n(c) Had a past illness\r\nfrom Salmonella spp. within the last\r\nthree months; or
\r\n\r\n\r\n(d) Had a past illness\r\nfrom Shigella spp. or E. coli 0157:H7 within the last month;\r\nand
\r\n\r\n\r\n(4) For a food employee who\r\nis jaundiced;
\r\n\r\n\r\n(a) If the onset of\r\njaundice occurred within the last seven calendar days, exclude the food\r\nemployee for the food establishment; or
\r\n\r\n\r\n(b) If the onset of\r\njaundice occurred more than seven calendar days before:
\r\n\r\n\r\n(i) Exclude the food employee from a food establishment that\r\nserves a highly susceptible population; or
\r\n\r\n\r\n(ii)Restrict the food employee from activities\r\nspecified in subdivision 44:02:07:07(2) if the food establishment does not\r\nserve a highly susceptible population.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:08. Removal\r\nof employee exclusions for certain illnesses. The person in charge may\r\nremove an exclusion specified in subdivision 44:02:07:07(1) if the person in\r\ncharge obtains approval from the regulatory authority or if the person excluded\r\nprovides to the person in charge written medical documentation from a physician\r\nthat specifies that the excluded person:
\r\n\r\n\r\n(1) May work in an\r\nunrestricted capacity in a food establishment, including an establishment that\r\nserves a highly susceptible population, because the person is free of:
\r\n\r\n\r\n(a) The infectious\r\nagent of concern; or
\r\n\r\n(b) Symptoms, if\r\nhepatitis A virus is the infectious agent of concern; or
\r\n\r\n\r\n(2) May only work in an\r\nunrestricted capacity in a food establishment that does not serve a highly susceptible\r\npopulation because the person:
\r\n\r\n\r\n(a) Is free of the\r\nsymptoms specified in subdivision 44:02:07:06(2)(a); and
\r\n\r\n(b) Has a stool that\r\nyields a specimen culture that is negative for Shigella spp. or Escherichia\r\ncoli O157:H7.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:09. Removal\r\nof employee restrictions for certain symptoms. The person in charge may\r\nremove restrictions as follows:
\r\n\r\n\r\n(1) A restriction specified\r\nin subdivision 44:02:07:07(2)(a) if the restricted person:
\r\n\r\n\r\n(a) Is free of the\r\nsymptoms specified in subdivision 44:02:07:06(2) and no foodborne illness\r\noccurs that may have been caused by the restricted person;
\r\n\r\n\r\n(b) Is suspected of\r\ncausing foodborne illness but is free of the symptoms specified in subdivision\r\n44:02:07:06(2) and provides written medical documentation from a physician\r\nstating the following:
\r\n\r\n\r\n(i) That the restricted person is free of the infectious agent\r\nthat is suspected of causing the person's symptoms or causing foodborne\r\nillness; or
\r\n\r\n\r\n(ii)That the symptoms experienced result from a\r\nchronic noninfectious condition, such as ulcerative colitis or irritable bowel\r\nsyndrome; or
\r\n\r\n\r\n(2) A restriction specified\r\nin subdivision 44:02:07:07(2)(b) if the restricted person provides written\r\nmedical documentation that indicates the stools are free of Salmonella spp.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:10. Removal\r\nof exclusions -- Highly susceptible population. The person in charge may\r\nremove an exclusion specified in subdivision 44:02:07:07(3) if the excluded\r\nperson provides written medical documentation from a physician that the person\r\nis free of Salmonella spp., Shigella spp., E. Coli O157:H7, hepatitis A virus infection, or other disease\r\ntransmissible through food, whichever is the infectious agent of concern.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:11. Removal\r\nof exclusions and restrictions for jaundice. The person in charge may\r\nremove an exclusion specified in subdivisions 44:02:07:07(4)(a) and (4)(b)(i)\r\nand a restriction specified in subdivision 44:02:07:07(4)(b)(ii) if:
\r\n\r\n\r\n(1) No foodborne illness\r\noccurs that may have been caused by the excluded or restricted person and the\r\nperson:
\r\n\r\n\r\n(a) Provides written\r\nmedical documentation from a physician stating that the person is free of\r\nhepatitis A virus; or
\r\n\r\n(b) Is no longer\r\njaundiced; or
\r\n\r\n\r\n(2) The excluded or\r\nrestricted person is suspected of causing foodborne illness and complies with\r\n(1)(a) and (b) of this section.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:12. Release\r\nof employee from restriction or exclusion by the regulatory authority. The\r\nregulatory authority may release an employee from restriction or exclusion\r\nbased on medical documentation from a physician or the following conditions:
\r\n\r\n\r\n(1) An employee who was\r\ninfected with Salmonella spp., Shigella spp., or Escherichia coli O157:H7 if the employee's stools are negative for Salmonella spp., Shigella spp., or E. coli\r\nO157:H7 based on testing of two consecutive stool specimen cultures that\r\nare taken:
\r\n\r\n\r\n(a) Not earlier than\r\n48 hours after discontinuance of antibiotics; and
\r\n\r\n(b) At least 24 hours\r\napart; or
\r\n\r\n\r\n(2) An employee who was\r\ninfected with hepatitis A virus if:
\r\n\r\n\r\n(a) Symptoms cease a\r\nweek after onset of jaundice; or
\r\n\r\n(b) At least two blood\r\ntests show falling liver enzymes.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:13. General employee cleanliness. Employees must vigorously wash their hands and the exposed portions of their arms with soap and warm water for at least 20 seconds at the following times:
(1) Immediately before engaging in food preparation, including working with exposed food, clean equipment and utensils, and unwrapped single-service and single-use articles;
(2) During food preparation, as often as necessary to remove soil and contamination and to prevent cross-contamination when changing tasks;
(3) When switching between working with raw foods and working with ready-to-eat foods;
(4) After handling soiled equipment or utensils;
(5) After coughing, sneezing, using a handkerchief or disposable tissue, using tobacco, eating, or drinking;
(6) After using the toilet room;
(7) After eating, drinking, or smoking;
(8) After touching bare human body parts other than clean hands and clean, exposed portions of arms;
(9) After caring for or handling support animals; or
(10) After engaging in other activities that contaminate the hands.
Food employees must clean their hands in a handwashing lavatory and may not clean their hands in a sink used for food preparation or in a service sink or a curbed cleaning facility used for the disposal of mop water and similar liquid waste.
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.
44:02:07:14. General\r\nemployee practices. Employee practices must conform to the following\r\nrequirements:
\r\n\r\n\r\n(1) Food employees must\r\nkeep their fingernails trimmed, filed, and maintained so the edges and surfaces\r\nare cleanable and not rough;
\r\n\r\n\r\n(2) While preparing food,\r\nfood employees may not wear jewelry on their arms and hands;
\r\n\r\n\r\n(3) Food employees must\r\nwear clean outer clothing. If uniforms are not provided, clean outer coverings\r\nmust be worn over clothing or the employee must change to clean clothing if\r\ntheir clothing is soiled;
\r\n\r\n\r\n(4) A food employee may\r\neat, drink, or use any form of tobacco only in designated areas where the\r\ncontamination of exposed food; clean equipment, utensils, and linens; unwrapped\r\nsingle-service and single-use articles; or other items needing protection\r\ncannot result. However, an employee may drink from a closed beverage container\r\nif the container is handled to prevent contamination of the employee's hands;\r\nthe container; exposed food; clean equipment, utensils, and linens; and unwrapped\r\nsingle-service and single-use articles;
\r\n\r\n\r\n(5) Food employees\r\nexperiencing persistent sneezing, coughing, or runny nose that causes\r\ndischarges from the eyes, nose, or mouth may not work with exposed food; clean\r\nequipment, utensils, and linens; or unwrapped single-service or single-use\r\narticles;
\r\n\r\n\r\n(6) Food employees must\r\nwear hair restraints such as hats, hair coverings or nets, beard restraints,\r\nand clothing that covers body hair. The hair restraints must be designed and\r\nworn to effectively keep hair from contacting exposed food; clean equipment,\r\nutensils, and linens; and unwrapped single-service and single-use articles; and
\r\n\r\n\r\n(7) Employees must maintain\r\na high degree of personal cleanliness and must conform to the hygienic\r\npractices of this section during all working periods in the food establishment.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:15. Food\r\nsupplies. Food must be free from adulteration or other contamination and\r\nmust be safe for human consumption. Food must be obtained from approved\r\nsources. Food in hermetically sealed containers must be obtained from a good\r\nprocessing plant that is regulated by the food regulatory agency that has\r\njurisdiction over the plant. Food prepared in a private home may not be used or\r\noffered for human consumption in a licensed food establishment.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:16. Food\r\nsource requirements. Food utilized in the food establishment must meet the\r\nfollowing requirements for source of food:
\r\n\r\n\r\n(1) Fluid milk, dry milk,\r\nand milk products must be pasteurized and obtained from sources that comply\r\nwith Grade A standards as specified in § 12:05:07:01. Frozen dairy\r\nproducts and cheese must comply with standards as specified in\r\n§ 12:17:07:01;
\r\n\r\n\r\n(2) Fish may not be\r\nreceived for sale or service unless they are commercially harvested and\r\nprocessed. Fish, other than molluscan shellfish, that are intended for\r\nconsumption in their raw form and allowed as specified under subdivision\r\n44:02:07:28(2) must be obtained from a supplier that freezes the fish as\r\nspecified under § 44:02:07:30; or must be frozen on the premises as specified\r\nunder § 44:02:07:30 and records shall be retained as specified under\r\n§ 44:02:07:30;
\r\n\r\n\r\n(3) Fresh and frozen\r\nshucked shellfish (oysters, clams, or mussels) must be packed in nonreturnable\r\npackages identified with the name and address of the original shell processor,\r\nshucker-packer, or repacker and the interstate certification number. Shell\r\nstock and shucked shellfish must be kept in the container in which they are\r\nreceived until they are used. Each container of unshucked shell stock must be\r\nidentified by an attached tag that states the name and address of the original\r\nshell stock processor, the kind and quality of shell stock, and an interstate\r\ncertification number issued by the state or foreign shellfish control agency.\r\nShell stock tags or labels must be retained for 90 days from the date the\r\ncontainer is emptied. Molluscan shellfish that are caught for recreation may\r\nnot be received for sale or service;
\r\n\r\n\r\n(4) Mushroom species picked\r\nin the wild must be obtained from sources where each mushroom is individually\r\ninspected and found to be safe by a mushroom identification expert;
\r\n\r\n\r\n(5) Only Grade B eggs or\r\nbetter meeting Grade standards in article 12:26 or pasteurized liquid, frozen,\r\nor dry eggs or dry egg products may be used. Pasteurized liquid, frozen, or dry\r\neggs or egg products must be substituted for eggs in the shell in the\r\npreparation of foods such as Caesar salad, hollandaise or bernaise sauce,\r\nnoncommercial mayonnaise, eggnog, ice cream, and egg-fortified beverages that\r\nare not cooked as specified in § 44:02:07:28. These products must also be\r\nused if eggs for a highly susceptible population are broken, combined in a\r\ncontainer and not cooked immediately, or if the eggs are held before service\r\nfollowing cooking;
\r\n\r\n\r\n(6) Game animals and exotic\r\nspecies may be received for sale or service if they are raised, slaughtered,\r\nand processed under a voluntary inspection program that is conducted by the\r\nagency that has animal health jurisdiction; and
\r\n\r\n\r\n(7) Ice for use as a food\r\nor a cooling medium must be made from an approved water supply. After use as a\r\ncooling medium, ice may no longer be used as a food.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:17. Food\r\nadditives. Food may not contain unapproved food additives or additives that\r\nexceed amounts allowed in 20 C.F.R. 170-180, April 1, 1996, relating to food\r\nadditives, generally recognized as safe or prior sanctioned substances that\r\nexceed amounts allowed in 21 C.F.R. 181-186, April 1, 1996, or pesticide\r\nresidues that exceed provisions specified in 40 C.F.R. 185, July 1, 1996,\r\nadministered by the EPA.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:18. Potentially\r\nhazardous food. Potentially hazardous food is a food that may be natural or\r\nsynthetic and is in a form capable of supporting the rapid and progressive\r\ngrowth of infectious or toxigenic microorganisms, the growth and toxin production\r\nof Clostridium botulinum, or eggs in\r\nthe shell, the growth of Salmonella\r\nenteritidis.
\r\n\r\n\r\nPotentially hazardous food includes a\r\nfood of animal origin that is raw or heat-treated, a food of plant origin that\r\nis heat-treated or consists of raw seed sprouts; cut melons; and garlic and oil\r\nmixtures. Potentially hazardous food does not include the following:
\r\n\r\n\r\n(1) An air-cooled\r\nhard-boiled egg with shell intact;
\r\n\r\n\r\n(2) A food with a water\r\nactivity aw value of 0.85 or\r\nless;
\r\n\r\n\r\n(3) A food with a hydrogen\r\nion concentration pH level of 4.6 or below when measured at 24°C (75°F);
\r\n\r\n\r\n(4) A food, in an unopened\r\nhermetically sealed container, that is commercially processed to achieve and\r\nmaintain sterility under conditions of nonrefrigerated storage and\r\ndistribution; or
\r\n\r\n\r\n(5) A food for which a\r\nvariance granted by the regulatory authority is based on laboratory evidence\r\ndemonstrating that rapid and progressive growth of infectious and toxigenic\r\nmicroorganisms or the slower growth of Clostridium\r\nbotulinum cannot occur.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:19. Receiving temperature requirements of\r\npotentially hazardous food. Potentially hazardous foods must meet the\r\nfollowing temperature requirements upon receipt:
\r\n\r\n\r\n(1) Except as specified in\r\nsubdivision (3) of this section, refrigerated potentially hazardous food must\r\nbe at a temperature of 5°C\r\n(41°F) or below\r\nwhen received;
\r\n\r\n(2) Potentially hazardous\r\nfood that is cooked as required under §§ 44:02:07:28 and 44:02:07:29 and\r\nreceived hot must be received at a temperature of 60°C (140°F) or above;
\r\n\r\n(3) Potentially hazardous\r\nfood may be received at the temperature specified in laws governing its\r\ndistribution; and
\r\n\r\n(4) Potentially hazardous\r\nfood must be free of evidence of previous temperature abuse.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:20. General food protection. Food must be\r\nprotected at all times while being stored, prepared, displayed, served, or\r\ntransported from potential contamination, including dust, insects, rodents,\r\nunclean equipment and utensils, unnecessary handling, coughs and sneezes,\r\nflooding, drainage, overhead leakage, and overhead dripping from condensation.\r\nThe storage temperature of potentially hazardous food must be at 5°C (41°F) or below or\r\n60°C (140°F) or above at\r\nall times.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:21. Preventing contamination by employees.\r\nEmployees in a food establishment must adhere to the following requirements to\r\nprevent contamination of food:
\r\n\r\n\r\n(1) Wash hands as specified\r\nunder § 44:02:07:13;
\r\n\r\n\r\n(2) Avoid contact with\r\nexposed ready-to-eat food with bare hands by using utensils such as deli\r\ntissue, spatulas, tongs, single-use gloves, or dispensing equipment. However,\r\nbare hand contact is allowed when washing fruits and vegetables or as otherwise\r\nauthorized by the regulatory authority;
\r\n\r\n\r\n(3) Minimize contact of\r\nbare hands and arms with exposed food that is not in a ready-to-eat form;
\r\n\r\n\r\n(4) Use single-use gloves\r\nfor only one task, such as working with ready-to-eat food or with raw animal\r\nfood; use them for no other purpose; and discard them when they are damaged or\r\nsoiled or when interruptions occur in the food operation; and
\r\n\r\n\r\n(5) Use a utensil only once\r\nto taste food that is to be sold or served.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:22. Preventing contamination during storage.\r\nFood must be stored as follows to prevent potential contamination:
\r\n\r\n\r\n(1) Food must be stored in\r\na clean, dry location where it is not exposed to splash, dust, or other\r\ncontamination and is at least 15 centimeters (6 inches) above the floor;
\r\n\r\n\r\n(2) Food in packages and\r\nworking containers may be stored less than 15 centimeters (6 inches) above the\r\nfloor if it is stored on case lot handling equipment, such as dollies, racks,\r\nor pallets;
\r\n\r\n\r\n(3) Pressurized beverage\r\ncontainers; food in waterproof containers, such as bottles or cans in cases;\r\nand milk containers in plastic crates may be stored on a floor that is clean\r\nand not exposed to floor moisture;
\r\n\r\n\r\n(4) Food may not be stored\r\nin locker rooms; toilet rooms; dressing rooms; garbage rooms; mechanical rooms;\r\nunder sewer lines that are not shielded to intercept potential drips; under\r\nleaking water lines, including leaking automatic fire sprinkler heads; under\r\nlines on which water has condensed; under open stairwells; or under other\r\nsources of contamination;
\r\n\r\n\r\n(5) Food packages must be\r\nin good condition and protect the integrity of the contents so that the food is\r\nnot exposed to adulteration or potential contaminants;
\r\n\r\n\r\n(6) Working containers\r\nholding food or food ingredients that are removed from their original packages,\r\nsuch as cooking oils, flour, herbs, potato flakes, salt, spices, and sugar,\r\nmust be identified with the common name of the food. The labeling must be on\r\nthe container or on a nondetachable lid. Those containers holding food that can\r\nbe readily and unmistakably recognized, such as dry pasta, need not be\r\nidentified;
\r\n\r\n\r\n(7) Packaged food may not\r\nbe stored in direct contact with water or undrained ice if the food is subject\r\nto the entry of water because of the nature of its packaging, wrapping, or\r\ncontainer or its positioning in the water or ice;
\r\n\r\n\r\n(8) Whole raw fruits or\r\nvegetables, cut raw vegetables such as celery or carrot sticks, cut potatoes,\r\nand tofu may be immersed in ice or water; and
\r\n\r\n\r\n(9) Raw chicken and raw\r\nfish that are received immersed in ice in shipping containers may remain in\r\nthat condition while in storage awaiting preparation, display, service, or\r\nsale.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:23. Preventing contamination of packaged and\r\nunpackaged food. Packaged and unpackaged food must be protected from\r\ncross-contamination by the following methods:
\r\n\r\n\r\n(1) Separating raw animal\r\nfoods during storage, preparation, holding, and display from raw ready-to-eat\r\nfood, including other raw animal food such as fish for sushi or molluscan\r\nshellfish; other raw ready-to-eat food, such as vegetables; and cooked\r\nready-to-eat food;
\r\n\r\n\r\n(2) Separating types of raw\r\nanimal foods from each other, such as beef, fish, lamb, pork, and poultry,\r\nduring storage, preparation, holding, and display by any of the following\r\nmethods:
\r\n\r\n\r\n(a) Using separate\r\nequipment for each type;
\r\n\r\n\r\n(b) Arranging raw\r\nanimal products by cooking temperature, with those products requiring lower\r\ncooking temperatures at the top and those products requiring higher cooking\r\ntemperatures at the bottom;
\r\n\r\n\r\n(c) Arranging each\r\ntype of food in equipment so that cross-contamination of one type with another\r\nis prevented; or
\r\n\r\n\r\n(d) Preparing each type\r\nof food at different times or in separate areas;
\r\n\r\n\r\n(3) Cleaning and sanitizing\r\nequipment and utensils as specified under §§ 44:02:07:56 and 44:02:07:58;
\r\n\r\n\r\n(4) Storing food removed\r\nfrom its original container or package in a clean and sanitized covered\r\ncontainer. Covers must be impervious and nonabsorbent, except that clean\r\nlaundered linens or napkins may be used for lining or covering containers of\r\nbread or rolls. Quarters or sides of meat or whole and uncut processed meats\r\nmay be hung uncovered on clean sanitized hooks if no food product is stored\r\nbeneath the meat;
\r\n\r\n\r\n(5) Cleaning hermetically\r\nsealed containers of food of visible soil before opening; and
\r\n\r\n\r\n(6) Storing damaged,\r\nspoiled, or recalled products being held for credit, redemption, or return in\r\ndesignated areas that are separated from food, equipment, utensils, linens, and\r\nsingle-service and single-use articles.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:24. Preventing\r\ncontamination from equipment, utensils, and wiping cloths. Food must be\r\nprotected from contamination by equipment, utensils, and wiping cloths by the\r\nfollowing methods:
\r\n\r\n\r\n(1) Preventing contact with\r\nprobe-type price or identification tags;
\r\n\r\n(2) Preventing contact with\r\nsurfaces of utensils and equipment that are not cleaned and sanitized;
\r\n\r\n(3) Ensuring in-use\r\nutensils are stored properly during pauses in food preparation or dispensing,\r\nas follows:
\r\n\r\n\r\n(a) Except as\r\nspecified under subsection (b) of this subdivision, in the food with their\r\nhandles above the top of the food and the container;
\r\n\r\n\r\n(b) In food that is\r\nnot potentially hazardous with their handles above the top of the food in\r\ncontainers or equipment that can be closed, such as bins of sugar, flour, or\r\ncinnamon;
\r\n\r\n\r\n(c) In running water\r\nof sufficient velocity to flush particulates to the drain, if the utensils are\r\nused with moist food such as ice cream or mashed potatoes;
\r\n\r\n\r\n(d) In a clean,\r\nprotected location if the utensils, such as ice scoops, are used only with a\r\nfood that is not potentially hazardous; or
\r\n\r\n\r\n(e) Clean, sanitized,\r\nand dry;
\r\n\r\n\r\n(4) Preventing contact with\r\nwiping cloths that do not meet the following requirements:
\r\n\r\n\r\n(a) Cloths used for\r\nwiping food spills on tableware, such as plates, bowls, or carryout containers\r\nserved to the consumer, must be clean, dry, and used for no other purpose;
\r\n\r\n\r\n(b) Cloths used for\r\nwiping food spills must be moist and laundered as required, stored in a\r\nchemical sanitizer, and used for wiping spills from food-contact and\r\nnonfood-contact surfaces of equipment; or
\r\n\r\n\r\n(c) Dry or moist\r\ncloths that are used with raw animal foods must be kept separate from cloths\r\nused for other purposes, and the moist cloths used with raw animal foods must\r\nbe kept in a separate sanitizing solution.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:25. Preventing\r\ncontamination by consumers. Food on display for self-service by the\r\nconsumer must be protected from contamination by the following methods:
\r\n\r\n\r\n(1) The use of packaging;\r\ncounter, service line, or salad bar food guards; display cases; or similarly\r\neffective means;
\r\n\r\n\r\n(2) Providing suitable\r\nutensils or effective dispensing methods for self-service operations for\r\nready-to-eat foods;
\r\n\r\n\r\n(3) Not allowing\r\nself-service consumers to use soiled tableware, including single-service\r\narticles, to obtain additional food from display and serving equipment.\r\nHowever, cups and glasses may be reused if refilling is a contamination free\r\nprocess. A sign similar to the one shown must be posted to inform the consumer\r\nof this requirement:
\r\n\r\n\r\n\r\n\r\n
| \r\n | ||
| \r\n | \r\n
| \r\n
(4) Protecting condiments\r\nby using:
\r\n\r\n\r\n(a) Dispensers that\r\nare designed to provide protection;
\r\n\r\n(b) Food display units\r\nprovided with proper dispensing utensils;
\r\n\r\n(c) Original\r\ncontainers designed for dispensing; or
\r\n\r\n(d) Individual\r\npackages or portions; and
\r\n\r\n\r\n(5) By not allowing food\r\nthat has been served or sold and in the possession of a consumer and that is\r\nunused or returned by the consumer to be offered again as food for human\r\nconsumption. However, food that is not potentially hazardous, such as crackers\r\nand condiments, in an unopened original package and maintained in sound\r\ncondition may be reserved or resold to that population that is not classified\r\nas highly susceptible.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\nGeneral\r\nAuthority: SDCL 34-1-17, 34-18-22.
\r\n\r\nLaw\r\nImplemented: SDCL 34-18-22, 34-18-25.
\r\n\r\n\r\nNote:\r\nSigns required by this section may be obtained from the South Dakota Department\r\nof Health.
\r\n\r\n\r\n44:02:07:26. Refrigerated storage. Sufficient\r\nrefrigeration facilities or other effectively insulated facilities that are\r\nconveniently located must be provided to assure the maintenance of potentially\r\nhazardous food at required temperatures during storage. Each mechanically\r\nrefrigerated facility storing potentially hazardous food must be provided with\r\na numerically scaled indicating thermometer, accurate to ±1°C (2°F), located to\r\nmeasure air temperature in the warmest part of the facility. Frozen foods must\r\nbe maintained frozen and refrigerated potentially hazardous foods must be\r\nstored at 5°C\r\n(41°F) or below.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:27. Thawing\r\npotentially hazardous food. Potentially hazardous foods must be thawed in\r\none of the following manners:
\r\n\r\n\r\n(1) Under refrigeration\r\nthat maintains the food temperature at 5°C\r\n(41°F) or below;
\r\n\r\n\r\n(2) Completely submerged\r\nunder running water as follows:
\r\n\r\n\r\n(a) At a water\r\ntemperature of 21°C\r\n(70°F) or below\r\nwith sufficient water velocity to agitate and float off loose particles in an\r\noverflow, for a period of time that does not allow thawed portions of\r\nready-to-eat food to rise above 5°C\r\n(41°F); or
\r\n\r\n\r\n(b) For a period of\r\ntime that does not allow thawed portions of a raw animal food requiring cooking\r\nto be above 5°C\r\n(41°F) for more\r\nthan four hours, including the time the food is exposed to the running water\r\nand the time needed for preparation for cooking or the time it takes under\r\nrefrigeration to lower the food temperature to 5°C\r\n(41°F);
\r\n\r\n\r\n(3) As part of a cooking\r\nprocess if the food that is frozen is cooked as required or thawed in a\r\nmicrowave oven and immediately transferred to conventional cooking equipment,\r\nwith no interruption in the process; or
\r\n\r\n\r\n(4) Using any procedure\r\nthat thaws a portion of frozen ready-to-eat food that is prepared for immediate\r\nservice in response to an individual consumer's order.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:28. Cooking\r\npotentially hazardous food. Raw animal foods such as eggs, fish, poultry,\r\nmeat, and foods containing these raw animal foods, must be cooked to heat all\r\nparts of the food to the following minimum requirements for temperature and\r\ntime:
\r\n\r\n\r\n(1) A temperature of 63°C (145°F) or above for\r\n15 seconds as shown in the following chart for eggs in the shell that are\r\nbroken and prepared for immediate service in response to a consumer's order and\r\nfor fish, seafood, beef, veal, lamb, and mutton:
\r\n\r\n\r\n| \r\n Temperatures \r\n | \r\n \r\n Time \r\n | \r\n \r\n Food \r\n | \r\n
| \r\n 63°C (145°F) \r\n | \r\n \r\n 15\r\n seconds \r\n | \r\n \r\n Shell\r\n eggs for individual order, \r\nimmediate\r\n service; Fish, seafood, beef, \r\nveal, lamb, mutton and buffalo \r\n | \r\n
| \r\n 68°C (155°F) \r\n66°C (150°F) \r\n63°C\r\n (145°F) \r\n | \r\n \r\n 15\r\n seconds, or \r\n1\r\n minute, or \r\n3 minutes \r\n | \r\n \r\n Pork,\r\n game animals, ground or chopped \r\nmeat\r\n and fish, injected meats, eggs \r\nin multiserving batches \r\n | \r\n
(2) A temperature of 68°C (155°F) for 15\r\nseconds or the temperature specified in the previous chart that corresponds to\r\nthe cooking time for pork and exotic species of game animals, comminuted fish\r\nand meats, injected meats, and eggs that are not prepared for immediate service\r\nto a consumer;
\r\n\r\n\r\n(3) At a temperature of 74°C (165°F) or above for\r\n15 seconds for poultry, stuffed fish, stuffed meat, stuffed pasta, stuffed\r\npoultry, or stuffing containing fish, meat, or poultry;
\r\n\r\n\r\n(4) As specified for roasts\r\nof beef and corned beef cooked:
\r\n\r\n\r\n(a) In an oven that is\r\npreheated to the temperature specified for their weight in the following chart\r\nand that is held at or above that temperature; and
\r\n\r\n\r\non the Surface of Roasts of Beef and\r\nCorned Beef
\r\n\r\n\r\n| \r\n Oven\r\n Type \r\n | \r\n \r\n Oven\r\n Temperature\r\n | \r\n |
| \r\n \r\n | \r\n \r\n Roast\r\n Weight\r\n | \r\n |
| \r\n \r\n | \r\n \r\n Less than or equal to 4.5 kg(10 lbs) \r\n | \r\n \r\n Greater than 4.5 kg (10 lbs) \r\n | \r\n
| \r\n Still\r\n Dry \r\n | \r\n \r\n 177°C (350°F) \r\n | \r\n \r\n 121°C (250°F) \r\n | \r\n
| \r\n Convection \r\n | \r\n \r\n 163°C (325°F) \r\n | \r\n \r\n 163°C (325°F) \r\n | \r\n
| \r\n High \r\nHumidity* \r\n | \r\n \r\n Less\r\n than 121°\r\n C (250°F) \r\n | \r\n \r\n Less\r\n than 121°C (250°F) \r\n | \r\n
| \r\n *Relative humidity greater\r\n than 90% for at least one hour as measured in the cooking chamber or exit the\r\n oven; or in a moisture-impermeable bag that provides 100% humidity. \r\n | \r\n ||
(b) To a food\r\ntemperature as specified in the following chart and held for the corresponding\r\namount of time specified in the following chart for that temperature:
\r\n\r\n\r\nfor Cooking All Parts of Roasts of Beef\r\nand Corned Beef
\r\n\r\n\r\n\r\n RARE \r\n MEDIUM RARE\r\n | \r\n |||||
\r\n Temperature Time*\r\n°C (°F) \r\n | \r\n \r\n Temperature Time*\r\n°C (°F) \r\n | \r\n \r\n Temperature Time*\r\n°C (°F) \r\n | \r\n |||
| \r\n 54\r\n (130) \r\n | \r\n \r\n 121\r\n minutes \r\n | \r\n \r\n 58\r\n (136) \r\n | \r\n \r\n 32\r\n minutes \r\n | \r\n \r\n 61\r\n (142) \r\n | \r\n \r\n 8\r\n minutes \r\n | \r\n
| \r\n 56\r\n (132) \r\n | \r\n \r\n 77 minutes \r\n | \r\n \r\n 59\r\n (138) \r\n | \r\n \r\n 19\r\n minutes \r\n | \r\n \r\n 62\r\n (144) \r\n | \r\n \r\n 5\r\n minutes \r\n | \r\n
| \r\n 57\r\n (134) \r\n | \r\n \r\n 47 minutes \r\n | \r\n \r\n 60\r\n (140) \r\n | \r\n \r\n 12\r\n minutes \r\n | \r\n \r\n 63\r\n (145) \r\n | \r\n \r\n 3\r\n minutes \r\n | \r\n
| \r\n *Holding\r\n time may include postoven heat rise. \r\n | \r\n |||||
Except for food establishments serving\r\na highly susceptible population, this section does not apply to raw or\r\npartially cooked foods, if the food is a raw animal food, such as raw marinated\r\nfish, raw molluscan shellfish, or steak tartare or a partially cooked food,\r\nsuch as lightly cooked fish, rare meat, and soft-cooked eggs, that is served or\r\noffered for sale in a ready-to-eat form and the consumer is informed that to\r\nensure their safety the food should be cooked as required.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:29. Microwave\r\ncooking. Cooking of raw animal foods in a microwave oven must be as\r\nfollows:
\r\n\r\n\r\n(1) Food must be rotated or\r\nstirred throughout or midway during cooking to compensate for uneven\r\ndistribution of heat;
\r\n\r\n(2) Food must be covered to\r\nretain surface moisture;
\r\n\r\n(3) Food must be heated an\r\nadditional 14°C\r\n(25°F) above the\r\ntemperature specified in § 44:02:07:28 to compensate for shorter cooking\r\ntimes; and
\r\n\r\n(4) Food must be allowed to\r\nstand covered for 2 minutes after cooking to obtain temperature equilibrium.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:30. Parasite\r\ndestruction by freezing. Before service or sale in ready-to-eat form, raw,\r\nmarinated, or partially cooked fish other than molluscan shellfish must be\r\nfrozen throughout to a temperature of -20°C\r\n(-4°F) or below for\r\n168 hours in a freezer, or -35°C\r\n(-31°F) or below for\r\n15 hours in a blast freezer.
\r\n\r\n\r\nIf raw, marinated, or partially cooked\r\nfish are served or sold in ready-to-eat form, the person in charge must record\r\nthe freezing temperature and time to which the fish are subjected and must\r\nretain the records at the food establishment for 90 calendar days beyond the\r\ntime of service or sale of the fish.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:31. Hot\r\nstorage of potentially hazardous food. Sufficient hot food storage\r\nfacilities must be provided to assure the maintenance of potentially hazardous\r\nfood at the required temperature during storage. Except during preparation,\r\ncooking, or cooling, or when time is used as the public health control as\r\nspecified under § 44:02:07:40, all potentially hazardous food must be\r\nmaintained at 60°C (140°F) or above, except that roasts cooked to a temperature\r\nand for a time specified in subdivision 44:02:07:28(4) may be held at a\r\ntemperature of 54°C (130°F).
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:32. Cooling\r\nof potentially hazardous food. The cooling of potentially hazardous food\r\nmust be accomplished in the following manner:
\r\n\r\n\r\n(1) Cooked potentially\r\nhazardous food must be cooled:
\r\n\r\n\r\n(a) From 60°C (140°F) to 21°C (70° F) within two\r\nhours; and
\r\n\r\n(b) From 21°C (70°F) to 5°C (41°F), or below,\r\nwithin four hours;
\r\n\r\n\r\n(2) Potentially hazardous\r\nfood must be cooled to 5°C\r\n(41°F) or below\r\nwithin four hours if prepared from ingredients at ambient temperature, such as\r\nreconstituted foods and canned tuna;
\r\n\r\n\r\n(3) A potentially hazardous\r\nfood received in compliance with laws allowing a temperature above 5°C (41°F) during\r\nshipment from the supplier must be cooled to 5°C\r\n(41°F) or below\r\nwithin four hours;
\r\n\r\n\r\n(4) Cooling must be\r\naccomplished in accordance with the time and temperature criteria specified in\r\nsubdivisions (1)-(3), inclusive, of this section using one or more of the\r\nfollowing methods based on the type of food being cooled:
\r\n\r\n\r\n(a) Placing the food\r\nin shallow pans;
\r\n\r\n(b) Separating the\r\nfood into smaller or thinner portions;
\r\n\r\n(c) Using rapid\r\ncooling equipment;
\r\n\r\n(d) Stirring the food\r\nin a container placed in an ice water bath;
\r\n\r\n(e) Using containers\r\nthat facilitate heat transfer;
\r\n\r\n(f) Adding ice as an\r\ningredient; or
\r\n\r\n(g) Other effective methods;\r\nor
\r\n\r\n\r\n(5) When placed in cooling\r\nor cold holding equipment, food containers in which food is being cooled must\r\nbe arranged in the equipment to provide maximum heat transfer through the\r\ncontainer walls and must be loosely covered. However, food may be uncovered if\r\nit is protected from overhead contamination during the cooling period to\r\nfacilitate heat transfer from the surface of the food.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:33. Reheating\r\nfood. Reheating food must meet the following conditions:
\r\n\r\n\r\n(1) Potentially hazardous\r\nfood that is cooked, cooled, and reheated for hot holding must be reheated\r\nrapidly so that parts of the food reach a temperature of at least 74°C (165°F) for 15\r\nseconds. This temperature must be reached within one hour;
\r\n\r\n\r\n(2) Food reheated for hot\r\nholding in a microwave oven must be covered, rotated, or stirred throughout or\r\nmidway during cooking or according to label instructions during heating, heated\r\nto a temperature of at least 88°C (190°F), and allowed\r\nto stand covered two minutes after reheating;
\r\n\r\n\r\n(3) Ready-to-eat food taken\r\nfrom a commercially processed, hermetically sealed container or from an intact\r\npackage from a food processing plant must be heated to a temperature of at\r\nleast 60°C (140°F) for hot\r\nholding;
\r\n\r\n\r\n(4) Remaining unsliced\r\nportions of roasts of beef that are cooked as required may be reheated for hot\r\nholding as specified in subdivision 44:02:07:28(4).
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:34. Washing\r\nfruits and vegetables. Raw fruits and vegetables must be thoroughly washed\r\nin water to remove soil and other contaminants before being cut, combined with\r\nother ingredients, cooked, served, or offered for human consumption in ready-to-eat\r\nform. Fruits and vegetables may be washed by using chemicals as specified in 21\r\nC.F.R. 173.315, April 1, 1996. Any sink used to wash, prepare, store, or soak\r\nfood must be indirectly connected to the sewer through an airbreak.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:35. Food\r\ndisplay and service. Potentially hazardous food must be kept at an internal\r\ntemperature of 5°C (41°F) or below or\r\nat an internal temperature of 60°C (140°F) or above\r\nduring display and service with the exception of rare roast beef, which must be\r\nheld for service at a temperature of at least 54°C\r\n(130°F).
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:36. Dispensing\r\nof milk, cream, and nondairy products. Dispensing of milk, cream, and\r\nnondairy products must conform to the following requirements:
\r\n\r\n\r\n(1) Milk and milk products\r\nfor drinking purposes must be provided to the consumer in an unopened,\r\ncommercially filled package not exceeding .473 liter (one pint or 16 fluid\r\nounces) in capacity or drawn from a commercially filled container stored in a\r\nmechanically refrigerated bulk milk dispenser. If a bulk dispenser for milk or\r\nmilk products is not available and portions of less than one-half pint are\r\nrequired for mixed drinks, cereal, dessert service, or in a glass for drinking,\r\nmilk and milk products may be poured from a commercially filled plastic\r\ncontainer of 3.785 liters (one gallon) capacity;
\r\n\r\n\r\n(2) Cream or half-and-half\r\nmust be provided in an individual service container or a protected dispenser\r\nthat pours or it must be drawn from a refrigerated dispenser designed for such\r\nservice. When dispensers that pour are emptied, they must be washed and\r\nsanitized as specified in § 44:02:07:56 or 44:02:07:58 before reuse; and
\r\n\r\n\r\n(3) Liquid nondairy\r\ncreaming or whitening agents must be provided in an individual service\r\ncontainer that must be at or below 5°C (41°F) during\r\nstorage, display, or service.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:37. Ready-to-eat\r\nfood. Ready-to-eat food is food that is in a form that is edible without\r\nwashing, cooking, or additional preparation by the food establishment or the\r\nconsumer and that is reasonably expected to be consumed in that form. Ready-to-eat\r\nfood includes the following:
\r\n\r\n\r\n(1) Unpackaged potentially\r\nhazardous food that is cooked to the temperature and time required for the\r\nspecific food;
\r\n\r\n(2) Raw, washed, or cut\r\nfruits and vegetables;
\r\n\r\n(3) Whole raw fruits and\r\nvegetables that are presented for consumption without the need for further\r\nwashing, such as at a buffet; and
\r\n\r\n(4) Other food presented\r\nfor consumption for which further washing or cooking is not required and from\r\nwhich rinds, peels, husks, or shells are removed.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:38. Date\r\nmarking and disposition of ready-to-eat potentially hazardous food. Date\r\nmarking and disposition of ready-to-eat potentially hazardous food must be\r\nhandled in the following manner:
\r\n\r\n\r\n(1) Refrigerated,\r\nready-to-eat, potentially hazardous food prepared and held for more than 24\r\nhours in a food establishment must be marked with the date of preparation and\r\nmust be discarded if not consumed within 10 calendar days from the date of\r\npreparation;
\r\n\r\n\r\n(2) A container of\r\nrefrigerated, ready-to-eat, potentially hazardous food prepared and packaged by\r\na food processing plant must be marked to indicate the date by which the food\r\nmust be consumed or it must be consumed or discarded within 10 calendar days\r\nafter the original package is opened in a food establishment. This requirement\r\ndoes not apply to whole, unsliced portions of a cured and processed product\r\nwith the original casing maintained on the remaining portion, such as bologna,\r\nsalami, or other sausage in a cellulose casing; and
\r\n\r\n\r\n(3) Refrigerated,\r\nready-to-eat, potentially hazardous food prepared in a food establishment and\r\ndispensed through a vending machine with an automatic shut-off control that is\r\nactivated at a temperature of 5°C\r\n(41°F) must be\r\ndiscarded if not sold within 10 days. If the automatic shut-off control is\r\nactivated at a temperature of 7°C\r\n(45°F), the food\r\nmust be discarded if not sold within three days;
\r\n\r\n\r\nSubdivisions (1) and (2) of this\r\nsection do not apply to individual meal portions served or repackaged for sale\r\nfrom a bulk container upon a consumer's request.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:39. Reduced-oxygen\r\npackaging. A food establishment that packages food using a reduced-oxygen\r\npackaging method must have a HACCP plan that contains the information specified\r\nunder § 44:02:07:97 and that does the following:
\r\n\r\n\r\n(1) Identifies the food to\r\nbe packaged;
\r\n\r\n(2) Limits the food\r\npackaged to a food that does not support the growth of Clostridium botulinum because it complies with one of the\r\nfollowing:
\r\n\r\n\r\n(a) Has an aw\r\nof 0.91 or less;
\r\n\r\n(b) Has a pH of 4.6 or\r\nless;
\r\n\r\n(c) Is a meat product\r\ncured at a food processing plant regulated by the U.S. Department of\r\nAgriculture using a combination of nitrites, nitrates, and salt that at the\r\ntime of processing consists of 120 mg/L or higher concentration of sodium\r\nnitrite and a brine concentration of at least 3.50 percent and is received in\r\nan intact package; or
\r\n\r\n(d) Is a food with a\r\nhigh level of competing organisms such as raw meat or raw poultry;
\r\n\r\n\r\n(3) Specifies methods for\r\nmaintaining food at 5°\r\nC(41°\r\nF) or below;
\r\n\r\n\r\n(4) Describes how the packages\r\nmust be prominently and conspicuously labeled on the principal display panel in\r\nbold type on a contrasting background, with instructions to maintain the food\r\nat 5°C (41°F) or below and\r\nto discard the food within 14 calendar days of its packaging if it is not\r\nserved for on-premises consumption or, if served or sold for off-premises\r\nconsumption it is not consumed;
\r\n\r\n\r\n(5) Limits the shelf life\r\nto no more than 14 calendar days from packaging to consumption or to the\r\noriginal manufacturer's "sell by" or "use by" date,\r\nwhichever occurs first;
\r\n\r\n\r\n(6) Includes operational\r\nprocedures that do the following:
\r\n\r\n\r\n(a) Prohibit\r\ncontacting food with bare hands;
\r\n\r\n\r\n(b) Identify a\r\ndesignated area and the method by which physical barriers or methods of\r\nseparation of raw foods and ready-to-eat foods minimize cross-contamination and\r\nby which access to the processing equipment is restricted to responsible\r\ntrained personnel familiar with the potential hazards of the operation; and
\r\n\r\n\r\n(c) Delineate cleaning\r\nand sanitization procedures for food-contact surfaces; and
\r\n\r\n\r\n(7) scribes the training\r\nprogram that ensures that the individual responsible for the reduced-oxygen\r\npackaging operation understands the following:
\r\n\r\n\r\n(a) Concepts required\r\nfor a safe operation;
\r\n\r\n(b) Equipment and\r\nfacilities; and
\r\n\r\n(c) Procedures\r\nspecified in subdivision (6) of this section and § 44:02:07:97.
\r\n\r\n\r\nExcept for fish that is frozen before,\r\nduring, and after packaging, a food establishment may not package fish using a\r\nreduced-oxygen packaging method.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:40. Time\r\nas a public health control. Time only, rather than time in conjunction with\r\ntemperature, may be used as the public health control for a working supply of\r\npotentially hazardous food before cooking or for ready-to-eat potentially\r\nhazardous food that is displayed or held for service for immediate consumption,\r\nif the following requirements are met:
\r\n\r\n\r\n(1) The food is marked or\r\notherwise identified with the time within which it must be cooked, served, or\r\ndiscarded;
\r\n\r\n\r\n(2) The food is served or\r\ndiscarded within four hours from the time when the food is removed from\r\ntemperature control;
\r\n\r\n\r\n(3) Food in unmarked\r\ncontainers or packages, or for which the time expires, is discarded; and
\r\n\r\n\r\n(4) Written procedures are\r\nmaintained in the food establishment and made available to the regulatory\r\nauthority upon request to ensure compliance with subdivisions (1) to (3),\r\ninclusive, of this section and § 44:02:07:32 for food that is prepared,\r\ncooked, and refrigerated before time is used as a public health control.
\r\n\r\n\r\nOnce time is implemented as a control\r\nmeasure for potentially hazardous food, no other measures may be substituted.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:41. Variance\r\nrequirement for specialized processing methods. A food establishment must\r\nobtain variance from the regulatory authority before smoking or curing food;\r\nusing food additives as a method of food preservation rather than as a method\r\nof flavor enhancement; using a reduced-oxygen method of packaging food, except\r\nas specified in § 44:02:07:39, if a barrier to Clostridium botulinum exists; or preparing food by another method\r\nthat is determined by the regulatory authority to require a variance.
\r\n\r\n\r\nThe regulatory authority may grant a\r\nvariance by modifying or waiving one or more of the requirements of this\r\nchapter if in the opinion of the regulatory authority a health hazard will not\r\nresult from the variance. If a variance is granted, the regulatory authority\r\nmust retain the following information in its records on the food establishment:
\r\n\r\n\r\n(1) A statement from the\r\npetitioner of the proposed variance of the requirement, citing relevant section\r\nnumbers;
\r\n\r\n\r\n(2) A rationale from the\r\npetitioner explaining how the potential public health hazards addressed by the\r\nrelevant sections will be alternatively addressed by the proposal; and
\r\n\r\n\r\n(3) A HACCP plan, if\r\nrequired, that includes the information as it is relevant to the variance\r\nrequested.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\nGeneral\r\nAuthority: SDCL 34-1-17, 34-18-22.
\r\n\r\nLaw\r\nImplemented: SDCL 34-18-22, 34-18-25.
\r\n\r\n\r\nCross-Reference:\r\nDistress Food Act, SDCL 34-5-9 to 34-5-18, inclusive.
\r\n\r\n\r\n 44:
(1) A food that is unsafe,\r\nadulterated, or not honestly presented as specified in § 44:02:07:15 must\r\nbe discarded;
\r\n\r\n\r\n(2) Food that is not from\r\nan approved source as specified in § 44:02:07:16 must be discarded;
\r\n\r\n\r\n(3) Ready-to-eat food that\r\nmay have been contaminated by an employee who has been restricted or excluded\r\nas specified in § 44:02:07:07 must be discarded;
\r\n\r\n\r\n(4) Food that is\r\ncontaminated by food employees, consumers, or other persons through contact\r\nwith their hands; bodily discharges, such as nasal or oral discharges; or other\r\nmeans must be discarded; and
\r\n\r\n\r\n(5) Food that has been held\r\nfor longer than four hours at temperatures between 5°C (41°F) and 60°C (140°F) is\r\nconsidered unsafe or adulterated and must be discarded. However, food that is\r\ncooled as per § 44:01:07:32 is allowed the holding time as prescribed.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\nGeneral\r\nAuthority: SDCL 34-1-17, 34-18-22.
\r\n\r\nLaw\r\nImplemented: SDCL 34-18-22, 34-18-25.
\r\n\r\n\r\nCross-Reference:\r\nDistress Food Act, SDCL 34-5-9 to 34-5-18, inclusive.
\r\n\r\n\r\n44:02:07:43. General\r\nequipment and utensils -- Materials and design. Materials that are used in\r\nthe construction of utensils and food-contact surfaces of equipment may not\r\nallow the migration of deleterious substances or impart colors, odors, or\r\ntastes to food. Under normal use conditions materials must be safe; durable;\r\ncorrosion-resistant; nonabsorbent; sufficient in weight and thickness to\r\nwithstand repeated warewashing; finished to have a smooth, easily cleanable\r\nsurface; and resistant to pitting, chipping, crazing, scratching, scoring,\r\ndistortion, and decomposition.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n
\r\n | \r\n \r\n
\r\n | \r\n \r\n Maximum\r\n Lead (mg/L) | \r\n
| \r\n Hot beverage mugs \r\n | \r\n \r\n Coffee mugs \r\n | \r\n \r\n 0.5 \r\n | \r\n
| \r\n Large hollowware \r\n | \r\n \r\n Bowls >1.1 L \r\n(1.16 QT) \r\n | \r\n \r\n 1.0 \r\n | \r\n
| \r\n Small hollowware \r\n | \r\n \r\n Bowls <1.1 L \r\n(1.16 QT) \r\n | \r\n \r\n 2.0 \r\n | \r\n
| \r\n Flat utensils \r\n | \r\n \r\n Plates, Saucers \r\n | \r\n \r\n 3.0 \r\n | \r\n
44:02:07:45. Food-contact\r\nsurfaces -- Design and construction. Multiuse food-contact surfaces must\r\nmeet the following requirements for design and construction:
\r\n\r\n\r\n(1) Smooth;
\r\n\r\n(2) Free of breaks, open\r\nseams, cracks, chips, pits, and similar imperfections;
\r\n\r\n(3) Free of sharp internal\r\nangles, corners, and crevices;
\r\n\r\n(4) Finished to have smooth\r\nwelds and joints; and
\r\n\r\n(5) Accessible for cleaning\r\nand inspection by one of the following methods:
\r\n\r\n\r\n(a) Without being\r\ndisassembled;
\r\n\r\n(b) By disassembling\r\nwithout the use of tools; or
\r\n\r\n(c) By easy\r\ndisassembling with the use of only simple tools such as mallets, screw drivers,\r\nor wrenches that are kept near the equipment and are accessible for use.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:46. Nonfood-contact\r\nsurfaces -- Design and construction. Nonfood-contact surfaces of equipment\r\nthat are exposed to splash, spillage, or other food soiling or that require\r\nfrequent cleaning must be constructed of a corrosion-resistant, nonabsorbent,\r\nand smooth material. Nonfood-contact surfaces must be free of unnecessary\r\nledges, projections, and crevices, and must be designed and constructed to\r\nallow easy cleaning and to facilitate maintenance.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:47. Clean-in-place\r\n(CIP) equipment -- Design and construction. Clean-in-place equipment must\r\nmeet the characteristics specified in § 44:02:07:45 and must be designed\r\nand constructed so that cleaning and sanitizing solutions circulate throughout a\r\nfixed system and contact all interior food-contact surfaces. The system must be\r\nself-draining or capable of being completely drained of cleaning and sanitizing\r\nsolutions.
\r\n\r\n\r\nCIP equipment that is not designed to\r\nbe disassembled for cleaning must be designed with inspection access points to\r\nensure that all interior food-contact surfaces throughout the fixed system are\r\nbeing effectively cleaned.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:48. General\r\nequipment -- Design and construction. All equipment must be designed and\r\nconstructed for durability under conditions of normal use. Equipment must also\r\nbe designed to meet the following requirements:
\r\n\r\n\r\n(1) "V" type\r\nthreads may not be used on food-contact surfaces except for hot oil cooking or\r\nfiltering equipment;
\r\n\r\n\r\n(2) Equipment containing\r\nbearings and gears that require lubricants must be designed and constructed so\r\nthat the lubricant cannot leak, drip, or be forced into food or onto\r\nfood-contact surfaces;
\r\n\r\n\r\n(3) Equipment compartments\r\nthat are subject to accumulation of moisture due to conditions such as\r\ncondensation, food or beverage drip, or water from melting ice must be sloped\r\nto an outlet that allows complete draining; and
\r\n\r\n\r\n(4) Equipment, such as\r\ndollies, pallets, racks, and skids, used to store and transport large\r\nquantities of packaged foods received from a supplier in a cased or overwrapped\r\nlot must be designed to be moved by hand or by conveniently available equipment,\r\nsuch as hand trucks and forklifts.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:49. Ventilation\r\nhood systems -- Design and construction. A ventilation hood system must be\r\nprovided over all cooking equipment which produces steam, excessive smoke,\r\ngrease vapors, or odors. A ventilation hood system must meet the following requirements:
\r\n\r\n\r\n(1) Ventilation hood\r\nsystems and devices must be sufficient in number and capacity to prevent grease\r\nor condensation from collecting on walls and ceilings;
\r\n\r\n\r\n(2) Filters or other\r\ngrease-extracting equipment must be designed to be readily removable for\r\ncleaning and replacement if it is not designed to be cleaned in place;
\r\n\r\n\r\n(3) Exhaust ventilation\r\nhood systems in food preparation and warewashing areas, including components\r\nsuch as hoods, fans, guards, and ducting, must be designed to prevent grease or\r\ncondensation from draining or dripping onto food, equipment, utensils, linens,\r\nand single-service and single-use articles; and
\r\n\r\n\r\n(4) When vented to the\r\noutside, ventilation systems may not create a public health hazard.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\nGeneral\r\nAuthority: SDCL 34-1-17, 34-18-22.
\r\n\r\nLaw\r\nImplemented: SDCL 34-18-22, 34-18-25.
\r\n\r\n\r\nCross-Reference:\r\n1994 Uniform Mechanical Code, § 507.
\r\n\r\n\r\n44:02:07:50. Dispensing\r\nequipment -- Design and construction. Equipment that dispenses or vends\r\nliquid food or ice in unpackaged form must be designed and constructed as\r\nfollows:
\r\n\r\n\r\n(1) The delivery tube,\r\nchute, orifice, and splash surfaces directly above the container receiving the\r\nfood must be designed, using means such as barriers, baffles, or drip aprons,\r\nso that drips from condensation and splash are diverted from the opening of the\r\ncontainer receiving the food;
\r\n\r\n\r\n(2) The delivery tube or\r\nchute and orifice must be protected from dust, insects, rodents, and other\r\ncontamination by a self-closing door under the following conditions:
\r\n\r\n\r\n(a) The equipment is\r\nlocated in an outside area that does not afford the protection of an enclosure\r\nagainst the rain, windblown debris, insects, rodents, and other contaminants;\r\nor
\r\n\r\n\r\n(b) The equipment is\r\navailable for self-service during hours that it is not under the full-time\r\nsupervision of a food employee;
\r\n\r\n\r\n(3) The dispensing\r\nequipment actuating lever or mechanism and filling device of consumer\r\nself-service beverage dispensing equipment must be designed to prevent contact\r\nwith the lip-contact surface of glasses or cups that are refilled;
\r\n\r\n\r\n(4) Beverage tubing and\r\ncold-plate beverage cooling devices may not be installed in contact with stored\r\nice except for cold plates that are constructed integrally with an ice storage\r\nbin; and
\r\n\r\n\r\n(5) Liquid waste drain\r\nlines may not pass through an ice machine or ice storage bin.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:51. Molluscan\r\nshellfish tanks. Molluscan shellfish life-support system display tanks that\r\nare used to store and display shellfish that are offered for human consumption\r\nmust be operated and maintained to ensure the following:
\r\n\r\n\r\n(1) Water used with fish\r\nother than molluscan shellfish does not flow into the molluscan tank;
\r\n\r\n\r\n(2) The safety and quality\r\nof the shellfish as they were received are not compromised by use of the tank;\r\nand
\r\n\r\n\r\n(3) The identity of the\r\nsource of the shellstock is retained for 90 calendar days from the date the\r\ncontainer is emptied into the display tank.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:52. Temperature\r\nmeasuring devices. Temperature measuring devices are required in all food\r\nestablishments. Temperature measuring devices must meet the following\r\nrequirements:
\r\n\r\n\r\n(1) Temperature measuring\r\ndevices may not have sensors or stems constructed of glass, except that\r\nthermometers with glass sensors or stems that are encased in a shatterproof\r\ncoating, such as candy thermometers, may be used;
\r\n\r\n\r\n(2) Food temperature\r\nmeasuring devices must have a numerical scale, printed record, or digital readout\r\nin increments no greater than 1°C\r\nor 2°F;
\r\n\r\n\r\n(3) Food thermometers that\r\nare used to check food temperatures that are scaled only in Celsius or dually\r\nscaled in Celsius and Fahrenheit must be accurate to ±1°C (2°F). Food\r\nthermometers that are scaled only in Fahrenheit must be accurate to ±2°F;
\r\n\r\n\r\n(4) Thermometers that are\r\nused to measure ambient air and water temperatures that are scaled in Celsius\r\nor dually scaled in Celsius and Fahrenheit must be designed to be easily\r\nreadable and accurate to ±2°C\r\n(3°F) at the use\r\nrange. Ambient air and water thermometers that are scaled only in Fahrenheit\r\nmust be accurate to ±3°F\r\nat the use range;
\r\n\r\n\r\n(5) Temperature measuring\r\ndevices must be designed to be easily readable;
\r\n\r\n\r\n(6) In a mechanically\r\nrefrigerated or hot food storage unit, the sensor of a temperature measuring\r\ndevice must be located to measure the air temperature in the warmest part of a\r\nmechanically refrigerated unit and in the coolest part of a hot food storage\r\nunit; and
\r\n\r\n\r\n(7) Cold or hot holding\r\nequipment used for potentially hazardous food must be designed to include and\r\nmust be equipped with at least one integral or permanently affixed temperature\r\nmeasuring device that is located to allow easy viewing of the device's\r\ntemperature display. This subdivision does not apply to equipment for which the\r\nplacement of a temperature measuring device is not a practical means for\r\nmeasuring the ambient air surrounding the food because of the design, type, and\r\nuse of the equipment, such as calrod units, heat lamps, cold plates,\r\nbainsmarie, steam tables, insulated food transport containers, and salad bars.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:53. General\r\nequipment -- Installation and location. Equipment, a cabinet used for\r\nstorage of food, or a cabinet that is used to store cleaned and sanitized\r\nequipment, utensils, laundered linens, and single-service and single-use\r\narticles may not be located in locker rooms; toilet rooms; garbage rooms;\r\nmechanical rooms; under sewer lines that are not shielded to intercept\r\npotential drips; under leaking water lines, including leaking automatic fire\r\nsprinkler heads, or under lines on which water has condensed; under open\r\nstairwells; or under other sources of contamination. Equipment must be\r\ninstalled and located as described:
\r\n\r\n\r\n(1) If a mechanical clothes\r\nwasher or dryer is provided, it must be located only where there is no exposed\r\nfood; no clean equipment, utensils, and linens; and no unwrapped single-service\r\nand single-use articles;
\r\n\r\n\r\n(2) A unit of equipment\r\nthat is fixed because it is not easily movable must be installed as follows:
\r\n\r\n\r\n(a) Spaced to allow\r\naccess for cleaning along the sides, behind, and above the unit;
\r\n\r\n(b) Spaced from\r\nadjoining equipment, walls, and ceilings a distance of not more than one\r\nmillimeter or 1/32 inch; or
\r\n\r\n(c) Sealed to\r\nadjoining equipment or walls if the unit is exposed to spillage or seepage;
\r\n\r\n\r\n(3) Table-mounted equipment\r\nthat is not easily movable must be installed to allow cleaning of the equipment\r\nand areas underneath and around the equipment by being sealed to the table or\r\nelevated on legs as specified under subdivisions (4) or (5) of this section;
\r\n\r\n\r\n(4) Floor-mounted equipment\r\nthat is not easily movable must be sealed to the floor or elevated on legs that\r\nprovide at least a 15 centimeter (6 inch) clearance between the floor and the\r\nequipment. If no part of the floor under the floor-mounted equipment is more\r\nthan 15 centimeters (6 inches) from the point of cleaning access, the clearance\r\nspace may be only 10 centimeters (4 inches). This subdivision does not apply to\r\ndisplay shelving units, display refrigeration units, and display freezer units\r\nlocated in the consumer shopping areas of a retail food store if the floor\r\nunder the units is kept clean; and
\r\n\r\n\r\n(5) Table-mounted equipment\r\nthat is not easily movable must be elevated on legs that provide at least a 10\r\ncentimeter (4 inch) clearance between the table and the equipment.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:54. General\r\nequipment and utensils -- Maintenance and operation. All equipment and\r\nutensils must be maintained in a state of good repair and sound condition that\r\nmeets the following requirements:
\r\n\r\n\r\n(1) Equipment components\r\nsuch as doors, seals, hinges, fasteners, and kick plates must be kept intact,\r\ntight, and adjusted in accordance with manufacturers' specifications;
\r\n\r\n\r\n(2) Cutting or piercing\r\nparts must be kept sharp to minimize the creation of metal fragments that can\r\ncontaminate food when the container is opened;
\r\n\r\n\r\n(3) Surfaces such as\r\ncutting blocks and boards that are subject to scratching and scoring must be\r\nresurfaced if they can no longer be effectively cleaned and sanitized or\r\ndiscarded if they are not capable of being resurfaced; and
\r\n\r\n\r\n(4) All kitchenware and\r\nfood contact surfaces of equipment must be maintained free of breaks, cracks,\r\nchips, pits, and similar imperfections.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:55. Cleaning\r\nfrequency of equipment and utensils. All equipment, food-contact surfaces,\r\nnonfood-contact surfaces, and utensils must be clean to sight and touch. The\r\nfrequency of cleaning is as follows:
\r\n\r\n\r\n(1) Food-contact surfaces\r\nof equipment and utensils must be cleaned as follows:
\r\n\r\n\r\n(a) Before each use\r\nwith a different type of raw animal food, such as beef, fish, lamb, pork, or\r\npoultry;
\r\n\r\n(b) Each time there is\r\na change from working with raw foods to working with ready-to-eat foods;
\r\n\r\n(c) Between uses with\r\nraw fruits or vegetables and with potentially hazardous food;
\r\n\r\n(d) Before using or\r\nstoring a food temperature measuring device; and
\r\n\r\n(e) At any time during\r\nthe operation when contamination may have occurred or there is an interruption\r\nof operations;
\r\n\r\n\r\n(2) If used with\r\npotentially hazardous food, equipment food-contact surfaces and utensils must\r\nbe cleaned throughout the day at least every four hours;
\r\n\r\n\r\n(3) Equipment food-contact\r\nsurfaces and utensils may be cleaned less frequently than every four hours\r\nunder the following conditions:
\r\n\r\n\r\n(a) In storage,\r\ncontainers of potentially hazardous food and their contents are maintained at\r\ntemperatures specified in § 44:02:07:20 and the containers are cleaned\r\nwhen they are empty;
\r\n\r\n\r\n(b) Utensils and\r\nequipment are used to prepare food in a refrigerated room that maintains the\r\nutensils, equipment, and food under preparation at required temperatures as\r\nspecified in § 44:02:07:26 and the utensils and equipment are cleaned at\r\nleast every 24 hours;
\r\n\r\n\r\n(c) Containers in\r\nserving situations such as salad bars, delis, and cafeteria lines hold\r\nready-to-eat potentially hazardous food that is maintained at the required\r\ntemperatures and is intermittently combined with additional supplies of the same\r\nfood that is at the required temperature, and the containers are cleaned at\r\nleast every 24 hours;
\r\n\r\n\r\n(d) The food-contact\r\nsurfaces of cooking and baking equipment are cleaned at least every 24 hours;\r\nand
\r\n\r\n\r\n(e) The cavities and\r\ndoor seals of microwave ovens are cleaned at least every 24 hours;
\r\n\r\n\r\n(4) Tableware must be\r\ncleaned and sanitized after each use; and
\r\n\r\n\r\n(5) Nonfood-contact\r\nsurfaces of equipment must be cleaned at a frequency necessary to preclude\r\naccumulation of dust, dirt, food residue, and other debris.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:56. Manual\r\ncleaning and sanitizing requirements. Manual cleaning and sanitizing must\r\nmeet the following requirements:
\r\n\r\n\r\n(1) A sink with at least\r\nthree compartments must be provided for manually washing, rinsing, and\r\nsanitizing equipment and utensils. Sink compartments must be large enough to\r\naccommodate immersion of the largest equipment and utensils. If equipment or\r\nutensils are too large for the warewashing sink, a warewashing machine or\r\nalternative method approved by the regulatory authority must be used;
\r\n\r\n\r\n(2) Drainboards, utensil\r\nracks, movable carts, or tables large enough to accommodate all soiled and\r\ncleaned items that may accumulate during hours of operation must be provided\r\nfor necessary utensil holding before cleaning and after sanitizing. Attached\r\ndrainboards of warewashing sinks must be self-draining;
\r\n\r\n\r\n(3) Utensils and equipment\r\nmust be scraped, preflushed, presoaked, or scrubbed with abrasives to remove\r\nlarge quantities of food wastes;
\r\n\r\n\r\n(4) Except for fixed\r\nequipment and utensils too large to be cleaned in sink compartments, manual\r\nwashing and rinsing must be conducted in the following manner:
\r\n\r\n\r\n(a) Sinks must be\r\nthoroughly cleaned before each use or at a frequency necessary to prevent\r\nrecontamination of equipment and utensils;
\r\n\r\n\r\n(b) Equipment and\r\nutensils must be thoroughly washed in the first compartment of the three\r\ncompartment sink with a hot detergent solution that is kept clean and\r\nmaintained at not less than 43°C\r\n(110°F). The wash\r\nsolution of soap, detergent, acid cleaner, alkaline cleaner, degreaser,\r\nabrasive cleaner, or other cleaning agent must be used according to the\r\ncleaning agent manufacturer's label instructions; and
\r\n\r\n\r\n(c) Equipment and\r\nutensils must be rinsed free of detergent and abrasives with clean water in the\r\nsecond compartment of the sink;
\r\n\r\n\r\n(5) Equipment and utensils\r\nmust be sanitized in the third compartment of the sink in one of the following\r\nmanners:
\r\n\r\n\r\n(a) Immersion in hot\r\nwater for sanitizing in which the temperature of the water is maintained at 77°C (171°F) or above and\r\nimmersion is maintained for at least 30 seconds. When this method is used, the\r\nsanitizing compartment of the sink must meet the following requirements:
\r\n\r\n\r\n(i) Be designed with an integral heating device that is capable\r\nof maintaining water at a temperature not less than 77°C (171°F);
\r\n\r\n\r\n(ii)Be provided with a temperature measuring device\r\nthat is readily accessible for frequently measuring the washing and sanitizing\r\ntemperatures; and
\r\n\r\n\r\n(iii) Be provided with a rack or basket to\r\nallow complete immersion of equipment and utensils into the hot water;
\r\n\r\n\r\n(b) Immersion in a\r\nclean sanitizing solution containing an approved sanitizer as listed in 21\r\nC.F.R. 178.1010, April 1, 1996, used in accordance with the manufacturer's\r\nlabel and as follows:
\r\n\r\n\r\n(i) In a chlorine solution for an exposure time of at least 10\r\nseconds and at a temperature of 38°C\r\n(100°F) and a\r\nconcentration of 50 mg/L or at a temperature and concentration as indicated on\r\nthe following chart:
\r\n\r\n\r\n\r\n Minimum\r\n | \r\n \r\n Minimum\r\n Temperature\r\n | \r\n |
| \r\n Concentration \r\n | \r\n \r\n \r\n | \r\n |
| \r\n mg/L \r\n | \r\n \r\n pH\r\n 10 or less \r\n | \r\n \r\n pH\r\n 8 or less \r\n | \r\n
| \r\n \r\n | \r\n \r\n °C (°F) \r\n | \r\n \r\n °C (°F) \r\n | \r\n
| \r\n 25 \r\n | \r\n \r\n 49 (120) \r\n | \r\n \r\n 49 (120) \r\n | \r\n
| \r\n 50 \r\n | \r\n \r\n 38 (100) \r\n | \r\n \r\n 24\r\n (75) \r\n | \r\n
| \r\n 100 \r\n | \r\n \r\n 13\r\n (55) \r\n | \r\n \r\n 13\r\n (55) \r\n | \r\n
(ii)In an iodine solution for an exposure time of\r\nat least 30 seconds and at a minimum temperature of 24° C(75°F); a pH level\r\nof 5.0 or less, unless the manufacturer's use directions included in the\r\nlabeling specify a higher pH limit of effectiveness; and a concentration\r\nbetween 12.5 mg/L and 25 mg/L; or
\r\n\r\n\r\n(iii) In a quaternary ammonium compound\r\nsolution at a minimum temperature of 24°\r\nC(75°\r\nF), at a concentration specified in 21 C.F.R. 178.1010, April 1, 1996, and used\r\nonly in water with 500 mg/L hardness or less; or
\r\n\r\n\r\n(c) Immersion is a\r\nclean solution containing another sanitizing agent allowed under 21 C.F.R.\r\n178.1010, April 1, 1996, at a temperature of at least 24° C(75° F) for an\r\nexposure time as specified by the manufacturer's use directions;
\r\n\r\n\r\n(6) Equipment and utensils\r\ntoo large to be sanitized by immersion must be sanitized in place by a method\r\napproved by the regulatory authority;
\r\n\r\n\r\n(7) A warewashing sink may\r\nnot be used for handwashing or dumping mop water;
\r\n\r\n\r\n(8) If the third\r\ncompartment of a warewashing sink is used to wash produce or thaw food, it must\r\nbe provided with a physical air break on the drain line; and the sink must be\r\ncleaned and sanitized between uses; and
\r\n\r\n\r\n(9) After sanitizing,\r\nequipment and utensils must be air-dried or may be used after adequate draining\r\nas specified in 21 C.F.R. 178.1010, April 1, 1996, before contact with food.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:57. Sanitizing\r\nsolution testing devices. A test kit or other device that accurately\r\nmeasures the concentration in mg/L of sanitizing solutions must be provided.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:58. Mechanical\r\ncleaning and sanitizing requirements. Mechanical cleaning and sanitizing of\r\nequipment and utensils must meet the following requirements:
\r\n\r\n\r\n(1) A warewashing machine\r\nmust be provided with an easily accessible and readable data plate affixed to\r\nthe machine by the manufacturer that indicates the machine's design and\r\noperating specifications, including the temperatures required for washing,\r\nrinsing, and sanitizing; pressure required for the fresh water sanitizing\r\nrinse, unless the machine is designed to use only a pumped sanitizing rinse;\r\nand conveyor speed for conveyor machines or cycle time for stationary rack\r\nmachines. A warewashing machine and its auxiliary components must be operated\r\nin accordance with the machine's data plate and other manufacturer's\r\ninstructions;
\r\n\r\n\r\n(2) The wash and rinse\r\ntanks of warewashing machines must be equipped with baffles, curtains, or other\r\nmeans to minimize internal cross-contamination of the solutions in wash and\r\nrinse tanks;
\r\n\r\n\r\n(3) A warewashing machine\r\nmust be equipped with a temperature measuring device that indicates the\r\ntemperature of the water in each wash and rinse tank, and as the water enters\r\nthe hot water sanitizing final rinse manifold or the chemical sanitizing\r\nsolution tank;
\r\n\r\n\r\n(4) A 6.4 millimeter or\r\none-fourth inch Iron Pipe Size (IPS) valve must be provided immediately\r\ndownstream or upstream from the fresh hot water sanitizing rinse control valve\r\nof a warewashing machine to allow checking the flow pressure of the sanitizing\r\nrinse. This subdivision does not apply to a machine that uses only a pumped\r\nsanitizing rinse. The flow pressure of the fresh hot water sanitizing rinse in\r\na warewashing machine may not be less than 6.80 kilograms per 6.45 centimeters\r\n(15 pounds per square inch) or more than 11.34 kilograms per 6.45 centimeters\r\n(25 pounds per square inch) as measured in the water line immediately upstream\r\nfrom the fresh hot water sanitizing rinse control valve;
\r\n\r\n\r\n(5) Drainboards, utensil\r\nracks, movable carts, or tables large enough to accommodate all soiled and\r\ncleaned items that may accumulate during hours of operation must be provided\r\nfor necessary utensil holding before cleaning and after sanitizing. Attached\r\ndrainboards of warewashing sinks must be self-draining. The location and construction\r\nof drainboards may not interfere with the proper use of the warewashing\r\nmachine;
\r\n\r\n\r\n(6) Equipment and utensils\r\nmust be flushed or scraped and, if necessary, soaked to remove food particles\r\nand soil before being washed in a warewashing machine unless a prewash cycle is\r\na part of the machine operation. Equipment and utensils must be placed in\r\nracks, trays, or baskets or on conveyors in a way that exposes food-contact\r\nsurfaces to the unobstructed application of detergent wash and clean rinse\r\nwaters and that permits free draining;
\r\n\r\n\r\n(7) Warewashing machines\r\nmust thoroughly wash all equipment and utensils using a clean wash solution of\r\nsoap, detergent, acid cleaner, alkaline cleaner, degreaser, abrasive cleaner,\r\nor other cleaning agent according to the cleaning agent manufacturer's label\r\ninstructions. The temperature of the wash solution in spray-type warewashers\r\nthat use hot water to sanitize may not be less than:
\r\n\r\n\r\n(a) For a single-tank,\r\nstationary-rack, single-temperature machine, 74°C\r\n(165°F);
\r\n\r\n(b) For a single-tank,\r\nconveyor, dual-temperature machine, 71°C\r\n(160°F);
\r\n\r\n(c) For a single-tank,\r\nstationary-rack, dual-temperature machine, 66°C\r\n(150°F);
\r\n\r\n(d) For a multitank,\r\nconveyor, multitemperature machine, 66°C\r\n(150°F); or
\r\n\r\n(e) For a single-tank,\r\npot, pan, and utensil washer, either stationary or moving-rack, 60°C (140°F);
\r\n\r\n\r\n(8) Mechanical\r\nwarewashing machines that use hot water to sanitize must achieve a surface\r\ntemperature on the equipment or utensils of 71°C (160°F) as\r\nmeasured by an irreversible temperature indicating device. The temperature of\r\nthe fresh hot water sanitizing rinse as it enters the manifold may not be more\r\nthan 90°C\r\n(194°F)\r\nor less than 74°C\r\n(165°F)\r\nfor a single-tank, stationary-rack, single-temperature machine or at least 82°C\r\n(180°F)\r\nfor all other machines;
\r\n\r\n\r\n(9) Mechanical warewashing\r\nmachines that use chemicals to sanitize must meet the following requirements:
\r\n\r\n\r\n(a) The temperature of\r\nthe wash water must be at least 49°C\r\n(120°F);
\r\n\r\n\r\n(b) Chemicals added\r\nfor sanitization purposes must be automatically dispensed;
\r\n\r\n\r\n(c) The chemical\r\nsanitizing rinse water temperature must be at least 24°C (75°F) or not less\r\nthan the manufacturer's specifications for the machine; and
\r\n\r\n\r\n(d) The chemical\r\nsanitizer used in a sanitizing solution must contain an approved sanitizer as\r\nlisted in 21 C.F.R. 178.1010, April 1, 1996, and must be used in accordance\r\nwith the manufacturer's label instructions and as specified in subdivision\r\n44:02:07:56(5)(b)(i);
\r\n\r\n\r\n(10) After sanitization,\r\nall equipment and utensils must be air-dried;
\r\n\r\n\r\n(11) All warewashing\r\nmachines must be thoroughly cleaned at least once a day or more often if\r\nnecessary to maintain them in a satisfactory operating condition; and
\r\n\r\n\r\n(12) Homestyle warewashing\r\nmachines are prohibited in a food establishment.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:59. Storage\r\nof cleaned equipment and utensils. Cleaned equipment and utensils must be\r\nstored as follows:
\r\n\r\n\r\n(1) In a clean, dry\r\nlocation;
\r\n\r\n(2) Where they are not\r\nexposed to splash, dust, or other contamination;
\r\n\r\n(3) At least 15 centimeters\r\n(6 inches) above the floor. However, items that are kept in closed packages may\r\nbe stored less than 15 centimeters (6 inches) above the floor on dollies,\r\npallets, racks, and skids that are designed as required by subdivision\r\n44:02:07:48(4);
\r\n\r\n(4) In a self-draining\r\nposition that permits air drying; and
\r\n\r\n(5) Either covered or\r\ninverted.
\r\n\r\n\r\nCleaned and sanitized equipment and\r\nutensils may not be stored in locker rooms, toilet rooms, garbage rooms, or\r\nmechanical rooms; under sewer lines that are not shielded to intercept\r\npotential drips, leaking water lines including leaking automatic fire sprinkler\r\nheads, or lines on which water has condensed; in open stairwells; or in places\r\nsubject to or under other sources of contamination.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:60. Handling\r\nof clean equipment and utensils. Clean equipment and utensils must be\r\nhandled in the following manner:
\r\n\r\n\r\n(1) Equipment must be\r\nreassembled so that food-contact surfaces are not contaminated;
\r\n\r\n\r\n(2) Lubricants meeting the\r\nrequirements specified in 21 C.F.R. 178.3570, April 1, 1996, must be applied to\r\nfood-contact surfaces or on equipment bearings or gears that require\r\nlubrication in a manner that minimizes incidental food contact;
\r\n\r\n\r\n(3) Cleaned and sanitized\r\nutensils must be handled, displayed, and dispensed so that contamination of\r\nfood- and lip-contact surfaces is prevented;
\r\n\r\n\r\n(4) Knives, forks, and\r\nspoons that are not prewrapped must be presented so that only the handles are\r\ntouched by employees or by consumers if consumer self-service is provided;
\r\n\r\n\r\n(5) Soiled tableware must\r\nbe removed from consumer eating and drinking areas and handled so that clean\r\ntableware is not contaminated; and
\r\n\r\n\r\n(6) Tableware may be preset\r\nunder the following conditions:
\r\n\r\n\r\n(a) It is protected\r\nfrom contamination by being wrapped, covered, or inverted;
\r\n\r\n(b) Unused settings\r\nare removed when a consumer is seated; or
\r\n\r\n(c) It is exposed,\r\nunused settings are not removed when a consumer is seated, and it is cleaned\r\nand sanitized before further use.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:61. Single-service\r\nand single-use articles. Single-service and single-use articles must meet\r\nthe following requirements:
\r\n\r\n\r\n(1) Must be made from\r\nmaterials that are safe and clean and do not allow the migration of deleterious\r\nsubstances or impart colors, odors, or tastes to food;
\r\n\r\n\r\n(2) Must be used in a food\r\nestablishment without facilities for cleaning and sanitizing kitchenware and\r\ntableware. Single-use articles are to be used by food employees and\r\nsingle-service articles are to be used by the consumer;
\r\n\r\n\r\n(3) May be used only once\r\nand may not be reused;
\r\n\r\n\r\n(4) Must be handled,\r\ndisplayed, and dispensed so that contamination of food- or lip-contact surfaces\r\nis prevented;
\r\n\r\n\r\n(5) Must be stored in their\r\noriginal protective package or stored by using other means that afford\r\nprotection from contamination until used; and
\r\n\r\n\r\n(6) May not be stored in\r\nlocker rooms, toilet rooms, garbage rooms, or mechanical rooms; under sewer\r\nlines that are not shielded to intercept potential drips, leaking water lines including\r\nleaking automatic fire sprinkler heads, or lines on which water has condensed;\r\nin open stairwells; or in places subject to or under other sources of\r\ncontamination.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:62. Laundering\r\nof linens. Laundry facilities in a food establishment are restricted to the\r\nwashing and drying of linens, cloths, uniforms, and aprons necessary to the\r\noperation. Laundry equipment must consist of a mechanical clothes washer and dryer\r\ninstalled as required by subdivision 44:02:07:53(1). Separate laundry\r\nfacilities located on the premises for the purpose of general laundering, such\r\nas the linens for institutions providing boarding and lodging, may also be used\r\nfor laundering food establishment items. If on-premises laundering is limited\r\nto wiping cloths intended to be used moist, a mechanical clothes washer must be\r\nprovided and the wiping cloths stored in a sanitizing solution after\r\nlaundering. Laundering facilities are not required if all linens are\r\ncommercially laundered outside the establishment.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:63. Linen\r\nstorage. Soiled linens must be kept in clean, nonabsorbent receptacles or\r\nwashable laundry bags and stored and transported to prevent contamination of\r\nfood, clean equipment, clean utensils, clean linens, and single-service and\r\nsingle-use articles.
\r\n\r\n\r\nClean linens must be stored in a\r\nclean, dry location where they are not exposed to splash, dust, or other\r\ncontamination. They must be stored at least 15 centimeters (6 inches) above the\r\nfloor.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:64. Water supply. A safe supply of water must be\r\nobtained from an approved source that is a public water system or a nonpublic\r\nwater system that is constructed, maintained, and operated according to article\r\n74:04. A nonpublic water system must submit samples monthly to an EPA-certified\r\nlaboratory for bacteriological analysis while the food establishment is in\r\noperation. A yearly nitrate test is also required.
\r\n\r\n\r\nThe water source and system must be of\r\nsufficient capacity to meet the demands for water of the food establishment.\r\nWater under pressure must be provided to all fixtures, equipment, and nonfood\r\nequipment that are required to use water. Hot water generation and distribution\r\nsystems must be provided that are sufficient to meet the peak hot water demands\r\nthroughout the food establishment.
\r\n\r\n\r\nBottled drinking water used or sold in\r\na food establishment must be obtained from approved sources and must be\r\ndispensed from their original containers.
\r\n\r\n\r\nA cross-connection by connecting a\r\npipe or conduit between the drinking water system and a nondrinking\r\nwater system or a water system of unknown quality is prohibited.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\nGeneral\r\nAuthority: SDCL 34-1-17, 34-18-22.
\r\n\r\nLaw\r\nImplemented: SDCL 34-18-22, 34-18-25.
\r\n\r\n\r\nCross-Reference:\r\nState Plumbing Code, art 20:54.
\r\n\r\n\r\n44:02:07:65. Sewage\r\ndisposal. Sewage must be disposed of through an approved facility that is a\r\npublic sewage treatment plant or an individual sewage disposal system that is\r\nsized, constructed, maintained, and operated according to chapter 74:53:01.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:67. Backflow prevention. The prevention of\r\nbackflow or back siphonage must be accomplished in\r\nthe following manner:
\r\n\r\n\r\n(1) A plumbing system must\r\nbe installed to preclude backflow of a solid, liquid, or gas contaminant into\r\nthe water supply system at each point of use at the food establishment by\r\nproviding an air gap between the water supply inlet and the flood level rim of\r\nthe plumbing fixture, equipment, or nonfood equipment that is at least twice\r\nthe diameter of the water supply inlet and is not less than 25 millimeters (1\r\ninch) or by installing a backflow prevention device;
\r\n\r\n\r\n(2) Carbonating devices\r\nmust be installed with adequate backflow prevention as required by the device\r\nmanufacturer;
\r\n\r\n\r\n(3) A direct connection may\r\nnot exist between the sewage system and drain\r\noriginating from equipment in which food, portable equipment, or utensils are\r\nplaced. However, certain equipment may be equipped with a direct connection as\r\nspecified in article 20:54; and
\r\n\r\n\r\n(4) A backflow prevention\r\ndevice must be located so that it may be easily serviced and maintained.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\nGeneral\r\nAuthority: SDCL 34-1-17, 34-18-22.
\r\n\r\nLaw\r\nImplemented: SDCL 34-18-22, 34-18-25.
\r\n\r\n\r\nCross-Reference:\r\nState Plumbing Code, art 20:54.
\r\n\r\n\r\n44:02:07:68. Handwashing\r\nlavatories.Handwashing lavatories must meet the\r\nfollowing requirements:
\r\n\r\n\r\n(1) Handwashing\r\nlavatories must be located to allow convenient use by employees in food\r\npreparation, food dispensing, waitress stations, and warewashing\r\nareas and must be located in, or immediately adjacent to, toilet rooms;
\r\n\r\n\r\n(2) At least one handwashing lavatory must be provided in the food\r\npreparation area, and additional handwashing\r\nlavatories may be required as determined by the regulatory authority;
\r\n\r\n\r\n(3) Handwashing\r\nlavatories must be kept clean and maintained so that they are easily accessible\r\nat all times for employee use. Handwashing lavatories\r\nmay not be used for purposes other than handwashing.
\r\n\r\n\r\n(4) Handwashing\r\nlavatories must be equipped to provide water at a temperature not over 49°C (120°F) through a\r\nmixing valve or combination faucet. A steam mixing valve may not be used at a handwashing lavatory. A self-closing, slow-closing, or\r\nmetering faucet must provide a flow of water for at least 15 seconds without\r\nthe need to reactivate the faucet; and
\r\n\r\n\r\n(5) A sink used for food\r\npreparation or utensil washing or a service sink or curbed cleaning facility\r\nused for the disposal of mop water or similar wastes may not be used as a handwashing lavatory.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\nGeneral\r\nAuthority: SDCL 34-1-17, 34-18-22.
\r\n\r\nLaw\r\nImplemented: SDCL 34-18-22, 34-18-25.
\r\n\r\n\r\nCross-Reference:\r\nState Plumbing Code, art 20:54.
\r\n\r\n\r\n44:02:07:69. Handwashing\r\nlavatory supplies. Each handwashing lavatory must be provided with the\r\nfollowing:
\r\n\r\n\r\n(1) A supply of hand\r\ncleaning liquid, powder, or bar soap;
\r\n\r\n(2) Individual disposable\r\ntowels, a continuous towel system that supplies the user with a clean towel, or\r\na heated-air hand drying device; and
\r\n\r\n(3) A waste receptacle if\r\nindividual disposable towels are provided.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:70. Prep/vegetable sink. A designated prep sink\r\nor vegetable sink must be provided if food preparation procedures require\r\nwashing, soaking, or rinsing of food items. Either a separate sink or the third\r\ncompartment of the three-compartment sink may be utilized for this operation.\r\nThe sink must be plumbed with a physical air break on the drain line.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\nGeneral\r\nAuthority: SDCL 34-1-17, 34-18-22.
\r\n\r\nLaw\r\nImplemented: SDCL 34-18-22, 34-18-25.
\r\n\r\n\r\nCross-Reference:\r\nState Plumbing Code, art 20:54.
\r\n\r\n\r\n44:02:07:71. Service/janitor's sink. At least one service\r\nsink or curbed cleaning facility equipped with a floor drain must be provided\r\nand conveniently located for the cleaning of mops or similar wet floor cleaning\r\ntools and for the disposal of mop water and similar liquid waste.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\nGeneral\r\nAuthority: SDCL 34-1-17, 34-18-22.
\r\n\r\nLaw\r\nImplemented: SDCL 34-18-22, 34-18-25.
\r\n\r\n\r\nCross-Reference:\r\nState Plumbing Code, art 20:54.
\r\n\r\n\r\n44:02:07:72. Toilet facilities.At\r\nleast one toilet, but not fewer than the number of toilets required by law must\r\nbe provided. Toilet facilities must meet the following requirements:
\r\n\r\n\r\n(1) A toilet room located\r\non the premises must be completely enclosed and provided with a tight-fitting\r\nand self-closing door;
\r\n\r\n\r\n(2) Toilet rooms must be\r\nconveniently located and accessible to employees during all hours of operation;
\r\n\r\n\r\n(3) Toilet rooms and\r\nfixtures must be kept clean and in good repair. A supply of toilet tissue must\r\nbe provided at each toilet at all times. Easily cleanable waste receptacles\r\nmust be provided for refuse materials. Toilet rooms used by women must have a\r\nleast one covered waste receptacle; and
\r\n\r\n\r\n(4) Each toilet room must\r\nbe provided with mechanical ventilation of sufficient capacity to effectively\r\nremove odors and vapors from the room.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\nGeneral\r\nAuthority: SDCL 34-1-17, 34-18-22.
\r\n\r\nLaw\r\nImplemented: SDCL 34-18-22, 34-18-25.
\r\n\r\n\r\nCross-Reference:\r\nState Plumbing Code, art 20:54.
\r\n\r\n\r\n44:02:07:73. Receptacles\r\nfor refuse, recyclables, and returnables. Receptacles used for refuse,\r\nrecyclables, and returnables must meet the following requirements:
\r\n\r\n\r\n(1) A receptacle must be\r\nprovided in each area of the food establishment or premises where refuse is\r\ngenerated or commonly discarded or where recyclables or returnables are placed;
\r\n\r\n\r\n(2) Equipment and\r\nreceptacles for refuse, recyclables, and returnables and for use with materials\r\ncontaining food residue must be durable, cleanable, insect- and\r\nrodent-resistant, leakproof, and nonabsorbent;
\r\n\r\n\r\n(3) Plastic bags and wet\r\nstrength paper bags may be used to line receptacles for storage inside the food\r\nestablishment or within closed outside receptacles;
\r\n\r\n\r\n(4) Equipment and\r\nreceptacles inside the food establishment for refuse, recyclables, and\r\nreturnables must be kept covered when they are not in continuous use and after\r\nthey are filled;
\r\n\r\n\r\n(5) Equipment and\r\nreceptacles for refuse, recyclables, and returnables used with materials\r\ncontaining food residue and used outside the food establishment must be\r\ndesigned and constructed to have tight-fitting lids, doors, or covers.\r\nEquipment and receptacles equipped with drain plugs must have the drain plugs\r\nin place;
\r\n\r\n\r\n(6) Equipment for refuse\r\nand recyclables, such as an on-site compactor, must be installed so that\r\naccumulation of debris and insect and rodent attraction and harborage are\r\nminimized and effective cleaning is facilitated around and, if the equipment is\r\nnot installed flush with the base pad, under the unit;
\r\n\r\n\r\n(7) Equipment and\r\nreceptacles for refuse, recyclables, and returnables must be thoroughly\r\ncleaned. Liquid wastes generated by the cleaning operation must be disposed of\r\nin a sewage system that complies with chapter 74:53:01; and
\r\n\r\n\r\n(8) Soiled equipment and\r\nreceptacles for refuse, recyclables, and returnables must be cleaned at a\r\nfrequency necessary to prevent them from developing a buildup of soil or\r\nbecoming attractants for insects and rodents.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:74. Storage\r\nareas for refuse, recyclables, and returnables. A storage area for refuse,\r\nrecyclables, and returnables must meet the requirements specified:
\r\n\r\n\r\n(1) An inside storage room\r\nor area, an outside storage area or enclosure, and individual receptacles must\r\nbe of sufficient number and capacity to hold refuse, recyclables, and\r\nreturnables that accumulate;
\r\n\r\n\r\n(2) The floors, floor\r\ncoverings, walls, wall coverings, and ceilings of an inside storage area must\r\nbe designed and constructed so they are smooth, nonabsorbent, and easily\r\ncleanable;
\r\n\r\n\r\n(3) An outdoor storage\r\nsurface for refuse, recyclables, and returnables must be constructed of\r\nnonabsorbent material such as concrete or asphalt and must be smooth, durable,\r\nand sloped to drain;
\r\n\r\n\r\n(4) If used, an outdoor\r\nenclosure for refuse, recyclables, and returnables must be constructed of\r\ndurable and cleanable materials;
\r\n\r\n\r\n(5) Storage areas,\r\nenclosures, and receptacles for refuse, recyclables, and returnables must be\r\nmaintained in good repair;
\r\n\r\n\r\n(6) Refuse, recyclables,\r\nand returnables must be stored in equipment, refuse receptacles, storage areas,\r\nor enclosures so that they are inaccessible to insects and rodents;
\r\n\r\n\r\n(7) Refuse receptacles not\r\nmeeting the requirements specified in § 44:02:07:73, such as receptacles\r\nthat are not rodent-resistant, unprotected plastic bags and paper bags, or\r\nbaled units that contain materials with food residue, may not be stored\r\noutside; and
\r\n\r\n\r\n(8) The location of\r\nequipment, receptacles, storage areas, or enclosures for refuse, recyclables,\r\nand returnables may not create a public health nuisance.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:75. Removal\r\nfrequency of refuse, recyclables, and returnables. Refuse, recyclables, and\r\nreturnables must be removed from the premises at a frequency that will minimize\r\nthe development of objectionable odors and other conditions that attract or harbor\r\ninsects and rodents.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:76. Design\r\nand construction of floors, walls, and ceilings. The floors, floor\r\ncoverings, walls, wall coverings, and ceilings must be designed, constructed,\r\nand installed so they are smooth, nonabsorbent, and easily cleanable. However,\r\nantislip floor coverings or applications may be used for safety reasons. The\r\ndesign and construction of floors, walls, and ceilings must meet the following\r\nrequirements:
\r\n\r\n\r\n(1) Floors, walls, and\r\nceilings must be designed and constructed so that utility service lines and\r\npipes are not unnecessarily exposed. If exposed utility service lines and pipes\r\nare necessary, they must be installed so as not to obstruct or prevent cleaning\r\nof the floors, walls, or ceilings. Exposed horizontal utility service lines and\r\npipes may not be installed on the floor;
\r\n\r\n\r\n(2) In food establishments\r\nin which cleaning methods other than water flushing are used for cleaning\r\nfloors, the floor and wall junctures must be coved and closed to no larger than\r\n1 mm (one thirty-second inch);
\r\n\r\n\r\n(3) The floors in food\r\nestablishments in which water flush cleaning methods are used must be provided\r\nwith drains and graded to drain, and the floor and wall junctures must be coved\r\nand sealed;
\r\n\r\n\r\n(4) Carpeting may not be\r\ninstalled as a floor covering in food preparation areas, walk-in refrigerators,\r\nwarewashing areas, toilet room areas where handwashing lavatories, toilets, and\r\nurinals are located, refuse storage rooms, or other areas subject to moisture.\r\nCarpeting may be installed as floor covering in other areas if it is closely\r\nwoven, properly installed, easily cleanable, and maintained in good repair;
\r\n\r\n\r\n(5) Mats and duckboards may\r\nbe used but must be designed to be removable and must be nonabsorbent,\r\ngrease-resistant, and easily cleanable;
\r\n\r\n\r\n(6) Sawdust, wood shavings,\r\npeanut hulls, granular salt, baked clay, diatomaceous earth, or similar\r\nmaterials may not be used on floors. However, a variance may be granted by the\r\nregulatory authority for the use of these materials in customer seating areas\r\nonly;
\r\n\r\n\r\n(7) Wall and ceiling\r\ncovering materials must be light-colored and must be attached so that they are\r\nsmooth, nonabsorbent, and easily cleanable. Concrete, porous blocks, or bricks\r\nused for indoor wall construction must be finished and sealed to provide a\r\nsmooth, nonabsorbent, easily cleanable surface;
\r\n\r\n\r\n(8) Attachments to walls\r\nand ceilings such as light fixtures, mechanical room ventilation system\r\ncomponents, vent covers, wall-mounted fans, decorative items, and other\r\nattachments must be easily cleanable and maintained in good repair; and
\r\n\r\n\r\n(9) Studs, joists, and\r\nrafters may not be exposed.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:77. Cleaning\r\nand maintenance of floors, walls, and ceilings. The cleaning and\r\nmaintenance of floors, walls, and ceilings must be accomplished in the\r\nfollowing manner:
\r\n\r\n\r\n(1) The physical facilities\r\nmust be maintained in good repair;
\r\n\r\n\r\n(2) The physical facilities\r\nmust be cleaned as often as necessary to keep them clean. Cleaning must be done\r\nduring periods when the least amount of food is exposed such as after closing;\r\nand
\r\n\r\n\r\n(3) Only dustless methods\r\nof cleaning may be used, including wet cleaning, vacuum cleaning, mopping with\r\ntreated dust mops, or sweeping using a broom and dust-arresting compounds.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:78. Lighting.\r\nLighting must meet the following specifications for intensity and protective\r\nshielding:
\r\n\r\n\r\n(1) The light intensity\r\nmust be as follows:
\r\n\r\n\r\n(a) In walk-in\r\nrefrigeration units and dry food storage areas, and in other areas and rooms during\r\nperiods of cleaning, at least 110 lux (10 foot candles) at a distance of 75\r\ncentimeters (30 inches) above the floor;
\r\n\r\n\r\n(b) In areas where\r\nfresh produce or packaged foods are sold or offered for consumption, areas used\r\nfor handwashing, warewashing, and equipment and utensil storage and in toilet\r\nrooms, at least 220 lux (20 foot candles) at a distance of 75 centimeters (30\r\ninches) above the floor; and
\r\n\r\n\r\n(c) At a surface where\r\na food employee is working with unpackaged potentially hazardous food or with\r\nfood, utensils, and equipment such as knives, slicers, grinders, or saws where\r\nemployee safety is a factor, at least 540 lux (50 foot candles);
\r\n\r\n\r\n(2) Lighting must have\r\nprotective shielding as follows:
\r\n\r\n\r\n(a) Light bulbs must\r\nbe shielded or coated or must be otherwise shatter-resistant in areas where\r\nthere is exposed food, clean equipment, utensils, linens, or unwrapped\r\nsingle-service and single-use articles;
\r\n\r\n\r\n(b) Shielded, coated,\r\nor otherwise shatter-resistant bulbs need not be used in areas used only for\r\nstoring food in unopened packages if the integrity of the packages cannot be\r\naffected by falling broken glass and the packages are capable of being cleaned\r\nof debris from broken bulbs before the packages are opened; and
\r\n\r\n\r\n(c) An infrared or other\r\nheat lamp must be protected against breakage by a shield surrounding and\r\nextending beyond the bulb so that only the face of the bulb is exposed.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:79. Heating,\r\nventilation, and air conditioning. Heating, ventilation, and air\r\nconditioning must be provided as necessary and must be designed and installed\r\nso that make-up air intake and exhaust vents do not cause contamination of\r\nfood, food preparation surfaces, equipment, or utensils. Intake and exhaust air\r\nducts must be cleaned and filters changed as often as necessary to prevent\r\ncontamination by dust, dirt, and other materials.
\r\n\r\n\r\nMechanical ventilation must be\r\nprovided of sufficient capacity to keep rooms free of excessive heat, steam,\r\ncondensation, vapors, obnoxious odors, smoke, and fumes. When vented to the\r\noutside, ventilation systems may not create a public health hazard.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:80. Employee\r\ndressing areas and lockers. If employees routinely change their clothes in\r\nthe establishment, dressing rooms or dressing areas must be provided.
\r\n\r\n\r\nLockers or other suitable facilities\r\nmust be provided for the orderly storage of employees' clothing and other\r\npossessions.
\r\n\r\n\r\nDressing areas and locker areas must\r\nbe located in a designated room or area where contamination of food, equipment,\r\nutensils, linens, and single-service and single-use articles will not occur.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:81. General\r\npremises. The general premises of all food establishments must meet the\r\nfollowing requirements:
\r\n\r\n\r\n(1) Perimeter walls and\r\nroof of a food establishment must effectively protect the establishment from\r\nthe weather and the entry of insects, rodents, and other animals;
\r\n\r\n\r\n(2) Openings to a portion\r\nof a building that is not part of the food establishment or to the outdoors\r\nmust be protected against the entry of insects and rodents as follows:
\r\n\r\n\r\n(a) By filling or\r\nclosing holes and other gaps along floors, walls, and ceilings;
\r\n\r\n(b) By using closed,\r\ntight-fitting windows; or
\r\n\r\n(c) By using solid\r\nself-closing, tight-fitting doors;
\r\n\r\n\r\n(3) If windows or doors are\r\nkept open for ventilation or other purposes, the openings must be protected against\r\nthe entry of insects and rodents by the use of 16 mesh to 25.4-millimeters (16\r\nmesh to 1-inch) screens, properly designed and installed air curtains, or other\r\neffective means;
\r\n\r\n\r\n(4) Exterior walking and\r\ndriving surfaces must be graded to drain and must be surfaced with materials\r\nthat minimize dust, prevent muddy conditions, and facilitate maintenance;
\r\n\r\n\r\n(5) Food establishments and\r\nall parts of property used in connection with their operations must be kept\r\nfree from litter;
\r\n\r\n\r\n(6) Only articles necessary\r\nfor the operation and maintenance of the food establishment may be stored on\r\nthe premises; and
\r\n\r\n\r\n(7) The traffic of\r\nunauthorized persons through the food preparation, food storage, and\r\nwarewashing areas is prohibited.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:82. Living\r\nand sleeping quarters. A private home, a room used as living or sleeping\r\nquarters, or an area directly opening into a room used as living or sleeping\r\nquarters may not be used for conducting food establishment operations. Living\r\nor sleeping quarters located on the premises of a food establishment must be\r\nseparated from rooms and areas used for food establishment operations by\r\ncomplete partitioning and solid self-closing doors.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:83. Storage\r\nand handling of maintenance items. Maintenance equipment, supplies, and\r\ntools such as brooms, mops, vacuum cleaners, and similar items must be stored\r\nso they do not contaminate food, equipment, utensils, linens, and\r\nsingle-service and single-use articles. Maintenance items must be stored in an\r\norderly manner that facilitates easy cleaning of the storage location.
\r\n\r\n\r\nWet-use maintenance items, such as\r\nmops, must be placed in a position that allows them to air-dry without soiling\r\nwalls or other equipment and supplies.
\r\n\r\n\r\nMaintenance items must be cleaned\r\nbefore storage. Cleaning of maintenance items must be accomplished in a manner\r\nso as not to contaminate food, equipment, utensils, linens, and single-service\r\nand single-use articles. Food preparation sinks, handwashing lavatories, and\r\nwarewashing equipment may not be used for the cleaning of maintenance tools,\r\nthe preparation or holding of maintenance materials, or the disposal of mop\r\nwater and similar liquid wastes.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:84. Poisonous\r\nand toxic materials. Poisonous and toxic materials are not intended for\r\ningestion and include the following:
\r\n\r\n\r\n(1) Cleaners and\r\nsanitizers, including cleaning and sanitizing agents and agents such as\r\ncaustics, acids, drying agents, polishes, and other chemicals;
\r\n\r\n\r\n(2) Pesticides including\r\ninsecticides and rodenticides;
\r\n\r\n\r\n(3) Substances necessary\r\nfor the operation and maintenance of the establishment, such as nonfood-grade\r\nlubricants and personal care items that may be deleterious to health; and
\r\n\r\n\r\n(4) Substances that are not\r\nnecessary for the operation and maintenance of the establishment and are on the\r\npremises for retail sale, such as petroleum products and paints.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:85. Handling\r\nand storage of poisonous and toxic materials. Only those poisonous or toxic\r\nmaterials that are required for the operation and maintenance of a food\r\nestablishment, such as for the cleaning and sanitizing of equipment and\r\nutensils and the control of insects and rodents, are allowed in a food\r\nestablishment. Original containers of poisonous or toxic materials and personal\r\ncare items must bear a legible manufacturer's label. Working containers used\r\nfor storing poisonous or toxic materials, such as cleaners and sanitizers taken\r\nfrom bulk supplies, must be clearly and individually identified with the common\r\nname of the material.
\r\n\r\n\r\nPoisonous or toxic materials must be\r\nstored so they may not contaminate food, equipment, utensils, linens, and single-service\r\nand single-use articles. Detergents, sanitizer, and other related cleaning or\r\ndrying agents must be stored separately from pesticides by a partition\r\nconstructed of nonabsorbent and cleanable materials or stored in a separate\r\nlocation in the establishment. Poisonous or toxic materials may not be stored\r\nabove food, equipment, utensils, linens, and single-service or single-use\r\narticles.
\r\n\r\n\r\nThe requirement for separate storage\r\ndoes not apply to equipment and utensil cleaners and sanitizers that are stored\r\nin warewashing areas for availability and convenience if the materials are\r\nstored to prevent contamination of food, equipment, utensils, linens, and\r\nsingle-service and single-use articles.
\r\n\r\n\r\nA container previously used to store\r\npoisonous or toxic materials may not be used to store, transport, or dispense\r\nfood.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:86. Use\r\nof poisonous and toxic materials. Poisonous or toxic materials must be used\r\naccording to the following:
\r\n\r\n\r\n(1) This chapter;
\r\n\r\n\r\n(2) The manufacturer's use\r\ndirections included in labeling and, for a pesticide, the manufacturer's label\r\ninstructions that state that use is allowed in a food establishment;
\r\n\r\n\r\n(3) The conditions of\r\ncertification in article 12;56, if certification is required, for use of the\r\npest control materials; and
\r\n\r\n\r\n(4) Any additional\r\nconditions established by the regulatory authority.
\r\n\r\n\r\nPoisonous or toxic materials must be\r\napplied in a way that does not constitute a hazard to employees or other\r\npersons and that prevents contamination, including toxic residues caused by\r\ndrip, drain, fog, splash or spray on food, equipment, utensils, linens, and\r\nsingle-service and single-use articles.
\r\n\r\n\r\nDrying agents used in conjunction with\r\nsanitization must be strictly used according to the manufacturer's label\r\ninstructions and for the specific application for which it is intended.
\r\n\r\n\r\nRestricted-use pesticides may be\r\napplied only by a certified applicator as required by article 12:56.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:87. Control\r\nof insects, rodents, and other pests. Insects, rodents, and other pests\r\nmust be controlled to minimize their presence within the physical facility and\r\nits contents. The presence of insects, rodents, and other pests must be\r\ncontrolled as follows:
\r\n\r\n\r\n(1) By routinely inspecting\r\nincoming shipments of food and supplies;
\r\n\r\n(2) By routinely inspecting\r\nthe premises for evidence of pests;
\r\n\r\n(3) By eliminating\r\nharborage conditions;
\r\n\r\n(4) By using methods, such\r\nas trapping devices or extermination, as follows:
\r\n\r\n\r\n(a) Devices used to\r\nelectrocute flying insects must be designed to have escape-resistant trays;
\r\n\r\n(b) Devices used to\r\nelectrocute flying insects, impel insects or insect fragments, or trap insects\r\nby adherence, must be installed as follows:
\r\n\r\n\r\n(i) Devices may not be located over a food preparation area; and
\r\n\r\n\r\n(ii)Dead insects and insect fragments may not be\r\nimpelled onto or fall on exposed food, clean equipment, utensils, linens, and\r\nunwrapped single-service and single-use articles;
\r\n\r\n\r\n(c) Rodent bait must\r\nbe contained in a covered, tamper-resistant bait station;
\r\n\r\n(d) A tracking powder\r\npesticide may not be used in a food establishment;
\r\n\r\n(e) A general-use\r\npesticide must be applied according to the manufacturer's instructions;
\r\n\r\n(f) A\r\nrestricted-use pesticide must be applied by a certified applicator as specified\r\nin article 12:56; or
\r\n\r\n(g) Automatic\r\ninsecticide dispensers may not be located within a 12-foot radius of open food\r\nor food-contact surfaces and may not be located above food, clean equipment and\r\nutensils, food contact surfaces, and single-service and single-use articles;\r\nand
\r\n\r\n\r\n(5) Dead or trapped birds,\r\ninsects, rodents, and other pests must be removed from control devices and the\r\npremises at a frequency that prevents their accumulation, decomposition, and\r\nthe attraction of pests.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:88. Storage\r\nof personal care items, medicines, and first aid supplies. Personal care\r\nitems, medicines, and first aid supplies must be stored to prevent\r\ncontamination of food, equipment, utensils, linens, and single-service and\r\nsingle-use articles.
\r\n\r\n\r\nOnly those medicines that are\r\nnecessary for the health of the employees may be allowed in a food\r\nestablishment. Medicines for the employees' use must be labeled. Medicines\r\nbelonging to employees that require refrigeration and are stored in a food refrigerator\r\nmust be stored in a package or container that is covered and leakproof and is\r\nlocated on the lowest shelf.
\r\n\r\n\r\nFirst aid supplies that are in a food\r\nestablishment for the employees' use must be labeled and stored separately.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:89. Prohibiting\r\nanimals. Live animals may be allowed on the premises of a food\r\nestablishment only as follows and only if the contamination of food; clean\r\nequipment, utensils, and linens; and unwrapped single-service and single-use\r\narticles does not result:
\r\n\r\n\r\n(1) Edible fish or\r\ndecorative fish in aquariums, shellfish or crustacea on ice or under\r\nrefrigeration, and shellfish and crustacea in display tank systems;
\r\n\r\n\r\n(2) Patrol dogs\r\naccompanying police or security officers in offices and dining, sales, and\r\nstorage areas and sentry dogs running loose in outside fenced areas;
\r\n\r\n\r\n(3) In areas that are not\r\nused for food preparation, such as dining and sales areas, support animals that\r\nare trained to assist an employee or other person who is disabled, are\r\ncontrolled by the disabled employee or person, and are not allowed to be on\r\nseats or tables, such as guide dogs; and
\r\n\r\n\r\n(4) Decorative animals in\r\nthe dining areas as long as they are confined away from the tables and\r\nconsumers, and the animal's living quarters are kept clean.
\r\n\r\n\r\nLive or dead fish bait must be stored\r\nso that contamination of food; clean equipment, utensils, and linens; and\r\nunwrapped single-service and single-use articles does not result.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:90. Mobile\r\nfood service establishment. A mobile food service establishment consists of\r\nany enclosed trailer, van, pushcart, recreational vehicle, or similar enclosed\r\nmobile facility that is transported from site to site for the purpose of dispensing\r\nfood to the public. A mobile food service establishment must comply with all\r\nthe requirements of this chapter, except as otherwise provided in this section.\r\nThe regulatory authority may impose additional requirements to protect against\r\nhealth hazards related to the conduct of the food establishment as a mobile\r\noperation and may prohibit the sale of some or all potentially hazardous food.\r\nThe regulatory authority may, when no health hazard will result, waive or\r\nmodify requirements of this chapter relating to physical facilities. A mobile\r\nfood service establishment must meet the following requirements:
\r\n\r\n\r\n(1) The department shall\r\nreview menu items for mobile food service establishments individually and shall\r\napprove dependent upon the facilities provided on board the mobile unit;
\r\n\r\n\r\n(2) All foods must be\r\nprepared in the mobile unit or secured from an approved source;
\r\n\r\n\r\n(3) Potentially hazardous\r\nfood must be stored, cooked, held, and reheated to the proper temperatures as\r\nidentified in §§ 44:02:07:26 to 44:02:07:38, inclusive;
\r\n\r\n\r\n(4) Only single-service\r\narticles may be provided to the consumer;
\r\n\r\n\r\n(5) Mobile units must\r\noperate from a commissary or other fixed food establishment and must report at\r\nleast daily to that location for all supplies and for all cleaning and\r\nservicing operations. This requirement may be waived if warewashing facilities\r\nand storage facilities are provided on board the mobile unit;
\r\n\r\n\r\n(6) Mobile units must be\r\ncompletely enclosed and constructed of weather-resistant materials that protect\r\nthe interior from the weather and windblown dust and debris;
\r\n\r\n\r\n(7) The floors, floor\r\ncoverings, walls, wall coverings, and ceilings must be designed, constructed,\r\nand installed so they are smooth, nonabsorbent, and easily cleanable;
\r\n\r\n\r\n(8) Protective screens or\r\nmovable windows must be provided for customer service windows and openings;
\r\n\r\n\r\n(9) All work surfaces which\r\nare used for food preparation must be nonabsorbent, easily cleanable, and\r\ndurable;
\r\n\r\n\r\n(10) A safe and adequate\r\nsupply of water must be provided in the mobile unit to furnish hot and cold\r\nwater for handwashing, warewashing, and food preparation;
\r\n\r\n\r\n(11) A water supply tank\r\nmust be installed in the mobile unit and must be designed and constructed as\r\nfollows:
\r\n\r\n\r\n(a) From safe,\r\ndurable, corrosion-resistant, and nonabsorbent materials;
\r\n\r\n\r\n(b) Enclosed from the\r\nfilling inlet to the discharge outlet;
\r\n\r\n\r\n(c) Sloped to an\r\noutlet that allows complete drainage of the tank;
\r\n\r\n\r\n(d) Provided with a\r\ntank inlet that is 19.1 millimeters (3/4 inch) in inner diameter or less, with\r\na hose connection of a size or type that will prevent its use for any other\r\nservice, and with a cap to cover the inlet at all times;
\r\n\r\n\r\n(e) Positioned so that\r\nthe water tank inlet is protected from contaminants such as waste discharge,\r\nroad dust, oil, and grease;
\r\n\r\n\r\n(f) For gravity-flow\r\nor pump-provided systems only, provided with a water tank vent which terminates\r\nin a downward direction and is covered with 16 mesh to 25.4-millimeter (16 mesh\r\nto 1-inch) screen or equivalent when the vent is in a protected area or a\r\nprotective filter when the vent is in an area that is not protected from\r\nwindblown dirt and debris;
\r\n\r\n\r\n(g) For pressurized\r\ncompressed air systems only, provided with a filter that does not pass oil or\r\noil vapors and that is installed in the air supply line between the compressor\r\nand water system; and
\r\n\r\n\r\n(h) Provided with\r\npermanent plumbed lines from the water tank to fixtures in the mobile unit as\r\nrequired by article 20:54;
\r\n\r\n\r\n(12) A hot water heater\r\nmust be provided in the mobile unit to provide a sufficient amount of hot water\r\nat a maximum temperature of 49°C\r\n(120°F) for\r\nhandwashing and warewashing;
\r\n\r\n\r\n(13) A handwashing sink\r\nwith hot and cold running water, hand soap, and paper towels must be provided\r\nin the mobile unit;
\r\n\r\n\r\n(14) A three-compartment\r\nwarewashing sink with drainboard area must be provided in the mobile unit for\r\nwashing equipment and utensils. However, a warewashing sink is not required if\r\nthe mobile unit operates out of a commissary or other fixed food establishment\r\nthat has warewashing facilities and returns at least daily to it;
\r\n\r\n\r\n(15) A sewage holding tank\r\nmust be provided in a mobile unit and must be designed and constructed as\r\nfollows:
\r\n\r\n\r\n(a) Sized 15 percent\r\nlarger in capacity than the water supply tank;
\r\n\r\n(b) Sloped to a drain\r\nthat is 25 millimeter (1 inch) in inner diameter or greater, equipped with a\r\nshut-off-valve;
\r\n\r\n(c) Installed so that\r\nthe drain shut-off valve is lower than the water supply tank inlet; and
\r\n\r\n(d) Provided with\r\npermanently plumbed lines from fixtures to the holding tank that are installed\r\naccording to article 20:54;
\r\n\r\n\r\n(16) Adequate lighting as\r\nper § 44:02:07:78, that is shielded must be provided; and
\r\n\r\n\r\n(17) A mechanical\r\nventilation system as specified in § 44:02:07:49, consisting of a metal\r\nhood with removable metal grease-collecting filters must be provided over all\r\ncooking equipment producing smoke, steam, or grease vapors.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:91. Mobile\r\nfood service establishment servicing operations. Those mobile food service\r\nunits requiring serving operations must return daily to a servicing area at a\r\ncommissary or fixed food establishment for normal servicing operations. The\r\nservicing area must include at least overhead protection for any supplying,\r\ncleaning, or servicing operations. The floor surface of the servicing area must\r\nbe constructed of a smooth, nonabsorbent material such as concrete or\r\nmachine-laid asphalt that is sloped to drain and is maintained clean and in\r\ngood repair. If mobile units contain waste holding tanks, there must be a\r\nlocation within the servicing area for the flushing and draining of liquid\r\nwastes that is totally separate from other operations.
\r\n\r\n\r\nThe normal servicing operations of a\r\nmobile food service establishment include the following:
\r\n\r\n\r\n(1) Flushing and sanitizing\r\nthe water tank, pump if provided, water lines, and hoses;
\r\n\r\n(2) Dumping sewage and\r\nflushing the waste retention tank;
\r\n\r\n(3) Cleaning and sanitizing\r\nequipment, utensils, food-contact surfaces, and nonfood-contact surfaces;
\r\n\r\n(4) Repairing or replacing\r\nequipment and utensils; and
\r\n\r\n(5) Replenishing supplies,\r\nincluding food items, single-service articles, paper goods, soaps, and\r\nchemicals.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:92. Limited-menu\r\nmobile food service establishment. A limited-menu mobile food service\r\nestablishment must comply with all the requirements of this chapter, except as\r\notherwise provided in this section and in §§ 44:02:07:90 and\r\n44:02:07:91. If only one utensil is used, such as a scoop, spoon, dipper, or\r\ntongs, the warewashing requirements are waived and the utensil may be cleaned\r\nand sanitized in the handwashing sink.
\r\n\r\n\r\nA limited-menu mobile food service\r\nestablishment may only serve a limited menu that contains food and beverage\r\nthat are not potentially hazardous and require no special handling or holding\r\nfacilities. Items normally served from a limited menu include popcorn, cotton\r\ncandy, snow cones, shaved ice, peanuts, soft drinks, mini donuts, caramel corn,\r\ntaffy, and caramel apples. However, hot dogs, frankfurters, and precooked\r\nsausages that are prepared on-site and are held and dispensed at the required\r\ntemperatures using only a single utensil may be served. Items not included on a\r\nlimited menu are products that have added toppings, such as chili or cheese,\r\nand corndogs or other specialty items.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:93. Temporary\r\nfood service establishment. A temporary food service establishment consists\r\nof a temporary food stand set up in a fixed location during a temporary event\r\nthat does not exceed 14 days. A temporary food service establishment must comply\r\nwith all the requirements of this chapter, except as otherwise provided in this\r\nsection. The regulatory authority may impose additional requirements to protect\r\nagainst health hazards related to the conduct of the food establishment as a\r\ntemporary operation and may prohibit the sale of some or all potentially\r\nhazardous food. The regulatory authority may, if no health hazard will result,\r\nwaive or modify requirements of this chapter. A temporary food service\r\nestablishment must meet the following requirements:
\r\n\r\n\r\n(1) Menu items for a\r\ntemporary food service establishment will be reviewed individually and will be\r\napproved by the department dependent upon the facilities provided. Only those\r\nfoods requiring limited preparation and handling may be served;
\r\n\r\n\r\n(2) All foods must be\r\nprepared in the temporary stand or secured from an approved source;
\r\n\r\n\r\n(3) Potentially hazardous\r\nfood must be stored, cooked, held, and reheated to the proper temperatures\r\nidentified in §§ 44:02:07:26 to 44:02:07:36, inclusive;
\r\n\r\n\r\n(4) Ice used in the\r\ntemporary stand may be obtained only in chipped, crushed, or cubed form in\r\nplastic or wet-strength paper bags filled and sealed at the point of\r\nmanufacture and until it is dispensed must be stored in these bags to prevent\r\ncontamination;
\r\n\r\n\r\n(5) Dry storage items must\r\nbe stored 15 centimeters (6 inches) above the floor on pallets or shelving and\r\nprotected from contamination;
\r\n\r\n\r\n(6) Adequate cold storage\r\nmust be provided either by refrigeration units or insulated containers to keep\r\npotentially hazardous foods at the required temperatures as specified in\r\n§ 44:02:07:26;
\r\n\r\n\r\n(7) Only single-service\r\narticles may be provided to the consumer;
\r\n\r\n\r\n(8) A temporary stand must\r\nbe constructed of wood, canvas, or other material that effectively protects the\r\nfood service area from the weather and other elements, such as dust and debris;
\r\n\r\n\r\n(9) The floor in the\r\ntemporary stand must consist of concrete, machine-laid asphalt, wood, or other\r\nsimilar cleanable material that covers the entire food service area;
\r\n\r\n\r\n(10) All work surfaces used\r\nfor food preparation must be nonabsorbent, easily cleanable, and durable;
\r\n\r\n\r\n(11) A safe and adequate\r\nsupply of hot and cold water must be provided;
\r\n\r\n\r\n(12) A handwashing sink or\r\na temporary handwashing setup must be provided along with hand soap and paper\r\ntowels. A temporary handwashing setup requires a minimum of a two-gallon\r\ninsulated container with a spigot, filled with hot water, and a catch basin;
\r\n\r\n\r\n(13) A three-compartment\r\nwarewashing sink or a temporary warewashing setup large enough to accommodate\r\nall utensils and equipment must be provided. A temporary warewashing setup\r\nrequires three plastic tubs or pails for washing, rinsing, and sanitizing;
\r\n\r\n\r\n(14) Adequate drainboards\r\nmust be provided to air-dry all utensils and equipment; and
\r\n\r\n\r\n(15) Wastewater generated\r\nin the stand must be disposed of in a sanitary sewer system or suitable storage\r\ndevice.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\nGeneral\r\nAuthority: SDCL 34-1-17, 34-18-22.
\r\n\r\nLaw\r\nImplemented: SDCL 34-18-17, 34-18-18, 34-18-19, 34-18-22, 34-18-25.
\r\n\r\n\r\n44:02:07:94. Variances.\r\nThe regulatory authority may grant a variance by modifying or waiving the\r\nrequirements of this chapter if in the opinion of the regulatory authority a\r\nhealth hazard will not result from the variance. If a variance is granted, the regulatory\r\nauthority may require the following information for its records on the food\r\nestablishment:
\r\n\r\n\r\n(1) A statement by the\r\npetitioner of the proposed variance citing relevant section numbers;
\r\n\r\n\r\n(2) A rationale by the\r\npetitioner explaining how the potential public health hazards addressed by the\r\nrelevant sections will be alternatively addressed by the proposal;
\r\n\r\n\r\n(3) A HACCP plan, if one is\r\nrequired, from the person requesting the variance that includes the information\r\nrequired for a HACCP plan and its relevance to the variance requested.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:95. Demonstration\r\nof conformance with variance. If the regulatory authority grants a\r\nvariance, the license holder must demonstrate conformance with approved\r\nprocedures as follows:
\r\n\r\n\r\n(1) Comply with the HACCP\r\nplan, if one is required, or procedures that are submitted and approved as a\r\nbasis for the modification or waiver; and
\r\n\r\n\r\n(2) Maintain and provide to\r\nthe regulatory authority, upon request, records that demonstrate that the\r\nfollowing are routinely employed:
\r\n\r\n\r\n(a) Procedures for\r\nmonitoring critical control points;
\r\n\r\n(b) Monitoring of the\r\ncritical control points;
\r\n\r\n(c) Verification of\r\nthe effectiveness of an operation or process; and
\r\n\r\n(d) Necessary\r\ncorrective actions if there is failure at a critical control point.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:96. Submission\r\nof a HACCP plan. A HACCP plan must be submitted to the regulatory authority\r\nunder the following conditions:
\r\n\r\n\r\n(1) A HACCP plan is\r\nrequired by this chapter;
\r\n\r\n(2) A variance is required\r\nfor a specialized processing method, specialized food handling method, or\r\nspecialized food; or
\r\n\r\n(3) The regulatory\r\nauthority determines that a food preparation or processing method requires a\r\nvariance based on a plan submittal, an inspectional finding, or a variance\r\nrequest.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:97. Contents\r\nof a HACCP plan. A food establishment that is required to submit a HACCP\r\nplan must develop a plan within 30 days of notification that contains the\r\nfollowing information:
\r\n\r\n\r\n(1) A categorization of the\r\ntypes of potentially hazardous foods that are specified in the menu, such as\r\nsoups and sauces, salads, and solid foods in bulk, such as meat roasts, or of\r\nother foods that are specified by the regulatory authority;
\r\n\r\n\r\n(2) A flow diagram by\r\nspecific food or category identifying critical control points and providing\r\ninformation on the following:
\r\n\r\n\r\n(a) Ingredients,\r\nmaterials, and equipment used in the preparation of that food; and
\r\n\r\n(b) Formulations or\r\nrecipes that delineate methods and procedural control measures that address the\r\nfood safety concerns involved;
\r\n\r\n\r\n(3) Food employee and\r\nsupervisory training plan that addresses the food safety issues of concern;
\r\n\r\n\r\n(4) A statement of standard\r\noperating procedures for the plan under consideration, including clearly\r\nidentifying the following:
\r\n\r\n\r\n(a) Each critical\r\ncontrol point;
\r\n\r\n\r\n(b) The critical\r\nlimits for each critical control point;
\r\n\r\n\r\n(c) The method and\r\nfrequency for monitoring and controlling each critical control point by the\r\nfood employee designated by the person in charge;
\r\n\r\n\r\n(d) The method and\r\nfrequency for the person in charge to verify routinely that the food employee\r\nis following standard operating procedures and monitoring critical control\r\npoints;
\r\n\r\n\r\n(e) Action to be taken\r\nby the person in charge if the critical limits for each critical control point\r\nare not met; and
\r\n\r\n\r\n(f) Records to be\r\nmaintained by the person in charge to demonstrate that the HACCP plan is\r\nproperly operated and managed; and
\r\n\r\n\r\n(5) Additional scientific\r\ndata or other information, as required by the regulatory authority, supporting\r\nthe determination that food safety is not compromised by the proposal.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\n\r\n\r\n\r\n\r\n\r\n44:02:07:98. Food service manager certification. A\r\ncertified food service manager must have had a minimum of eight hours of\r\nclassroom instruction and passed a certifying test from an approved food\r\nservice manager certification course that is equivalent to or exceeds the\r\nrequirements as set forth in the 1995 ServSafe\r\nServing Safe Food certification course of the Educational Foundation of the\r\nNational Restaurant Association.
\r\n\r\n\r\nThe regulatory authority may approve\r\ncertification from another food service certification course or from another\r\nstate if documentation and instructional course content is provided which is\r\nsubstantially the same as that of the Educational Foundation of the National\r\nRestaurant Association.
\r\n\r\n\r\nA food service manager must be\r\nrecertified every four years by attending a minimum of four hours of classroom\r\ninstruction and passing a recertification test from an approved food service\r\nmanager recertification course that is equivalent to or exceeds the\r\nrequirements as set forth in the 1996 ServSafe\r\nServing Safe Food - Food Safety Review recertification course of the\r\nEducational Foundation of the National Restaurant Association.
\r\n\r\n\r\nTemporary food service establishments\r\nare exempt from the Food Service Manager Certification requirements.
\r\n\r\n\r\nSource:\r\n23 SDR 195, effective May 26, 1997.
\r\n\r\nGeneral\r\nAuthority: SDCL 34-1-17, 34-18-22.
\r\n\r\nLaw\r\nImplemented: SDCL 34-18-22, 34-18-25.
\r\n\r\n\r\nReferences:
\r\n\r\n"ServSafe\r\nServing Safe Food Certification Coursebook,"\r\n1995 edition, The Educational Foundation of the National Restaurant\r\nAssociation. Copies are available from The Educational Foundation of the\r\nNational Restaurant Association, Technical Education Department, 250 South Wacker Drive, Suite 1400, Chicago, IL 60606-5834\r\n(312-715-1010) for $50 and $2.50 shipping and handling.
\r\n\r\n\r\n"ServSafe Serving Safe Food - Food Safety Review Coursebook," 1996 edition, The Educational Foundation\r\nof the National Restaurant Association. Copies are available from The\r\nEducational Foundation of the National Restaurant Association, Technical\r\nEducation Department, 250 South Wacker Drive, Suite\r\n1400, Chicago, IL 60606-5834 (312-715-1010) for $32 and $1.60 shipping and\r\nhandling.
\r\n\r\n\r\nNote:\r\nCourses offered by the Restaurant Division of the South Dakota Retailers\r\nAssociation, PO Box 638, Pierre, SD 57501 (1-800-658-5545).
\r\n\r\n\r\nVACATION HOMES
\r\n\r\n\r\n\r\nSection
\r\n\r\n44:02:08:01 Definitions.
\r\n\r\n44:02:08:02 Water supply.
\r\n\r\n44:02:08:03 Guest room toilet and bathing\r\nfacilities.
\r\n\r\n44:02:08:04 Garbage and rubbish storage and\r\ndisposal.
\r\n\r\n44:02:08:05 Vermin control.
\r\n\r\n44:02:08:06 Lighting.
\r\n\r\n44:02:08:07 Ventilation.
\r\n\r\n44:02:08:08 Heating equipment.
\r\n\r\n44:02:08:09 Cleanliness and storage of utensils.
\r\n\r\n44:02:08:10 Bedding and linen.
\r\n\r\n44:02:08:11 Housekeeping -- Maintenance of premises.
\r\n\r\n44:02:08:12 Hazardous condition.
\r\n\r\n44:02:08:13 Water recreation facilities.
\r\n\r\n44:02:08:14 Repealed.
\r\n\r\n44:02:08:15 Egress windows.
\r\n\r\n44:02:08:16 Egress window wells.
\r\n\r\n44:02:08:17 Egress window exception.
\r\n\r\n\r\n\r\n44:02:08:01. Definitions.\r\nWords defined in SDCL 34-18-1 have the same meaning when used in this chapter. In addition, the terms in this chapter mean:
\r\n\r\n\r\n\r\n
(1) "Approved,"\r\nacceptable to the Department of Health based on compliance with applicable\r\nstandards and public health practices;
\r\n\r\n\r\n\r\n
(2) "Communicable\r\ndisease," as defined in § 44:20:01:01;
\r\n\r\n\r\n\r\n
(3) "Community\r\nwater system," a system that is regulated by the Department of
\r\n\r\n
(4) "Designated\r\nagent," a municipal, county, or district health department that has been\r\norganized under SDCL chapter 34-3 and SDCL 9-32-1 and has been designated as an\r\nagent of the secretary as provided in SDCL 34-18-7;
\r\n\r\n\r\n\r\n
(5) "Egress\r\nwindow," a window of sufficient size to meet the requirements of\r\n§ 44:02:08:15 so that an occupant of a guest room can escape through the\r\nwindow in an emergency;
\r\n\r\n\r\n\r\n
(6) "EPA-certified\r\nlaboratory," a laboratory that meets the requirements outlined in chapter\r\n74:04:07;
\r\n\r\n\r\n\r\n
(7) "Guest,"\r\nan occupant of a rental unit of a lodging establishment;
\r\n\r\n\r\n\r\n
(8) "Guest\r\nroom," any room used or intended to be used by a guest for sleeping\r\npurposes;
\r\n\r\n\r\n\r\n
(9) "Health\r\nhazard," a chemical agent, source of filth, cause of sickness, or\r\ncondition which is a health threat to others or a threat to the public health;
\r\n\r\n\r\n\r\n
(10) "Inspection,"\r\nan objective examination of a lodging establishment by the department to review\r\nthe employee practices, sanitary conditions, and health standards in accordance\r\nwith SDCL chapter 34-18 and this chapter;
\r\n\r\n\r\n\r\n
(11) "Nontransient\r\nnoncommunity public water system," a system that is regulated by the\r\nDepartment of Agriculture
\r\n\r\n
(12) "Operator,"\r\nany person or organization designated in charge of the day to day operations of\r\na lodging establishment, campground, or food service establishment as defined\r\nin SDCL 34-18-1;
\r\n\r\n\r\n\r\n
(13) "Primary\r\nexit," an exit with a side hinge door leading to the exterior of the structure\r\nthat is most often used when entering or exiting the structure;
\r\n\r\n\r\n\r\n
(14) "Private\r\nwater system," a water system that serves a campground, food service\r\nestablishment, or lodging establishment that is not a public water system\r\nregulated by the Department of Agriculture and Natural Resources;
\r\n\r\n\r\n\r\n
(15) "Public\r\nwater system," a system that is regulated by the Department of
\r\n\r\n
(16) "Single\r\naction hardware," a latching mechanism that allows a door to unlock and\r\nopen with a single turn or movement of the interior knob or lever. This\r\nincludes door knobs, lever handles, and panic bars;
\r\n\r\n\r\n\r\n
(17) "Transient\r\nnoncommunity water system," a system that is regulated by the Department\r\nof Agriculture
\r\n\r\n
(18) "Vacation\r\nhome establishment," any home, cabin, or similar building that is rented,\r\nleased, or furnished in its entirety to the public on a daily or weekly basis\r\nfor more than 14 days in a calendar year and is not occupied by an owner or\r\nmanager during the time of rental. This term does not include a bed and\r\nbreakfast establishment as defined in SDCL subdivision 34-18-9.1(1).
\r\n\r\n\r\n\r\n
Source: 34 SDR 321,\r\neffective June 30, 2008; 36 SDR 31, effective August 18, 2009; 36 SDR 96,\r\neffective December 8, 2009; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021
General Authority: SDCL 34-1-17, 34-18-22.
\r\n\r\nLaw Implemented: SDCL 34-18-22, 34-18-22.3, 34-18-24.
\r\n\r\n\r\n\r\n
44:02:08:02. Water\r\nsupply. The owner shall provide an accessible, adequate, and safe supply of\r\nwater to each lodging facility. If a public water system of the quantity,\r\nquality, and pressure approved by the Department of
\r\n\r\n
Source: 34 SDR 321,\r\neffective June 30, 2008; 36 SDR 31, effective August 18, 2009
General Authority: SDCL 34-1-17, 34-18-22.
\r\n\r\nLaw Implemented: SDCL 34-18-22, 34-18-24.
\r\n\r\n\r\n\r\n
Cross-Reference: Water\r\nhygiene, art 74:04.
\r\n\r\n\r\n\r\n
CHAPTER 44:02:09
\r\n\r\n\r\n\r\n
PRIMITIVE\r\nCAMPGROUNDS
\r\n\r\n(Repealed, SL 2014,\r\nch 164, effective July 1, 2014)
\r\n\r\n\r\n\r\nSection
\r\n\r\n44:02:09:00 Repealed.
\r\n\r\n44:02:09:01 Repealed.
\r\n\r\n44:02:09:02 Repealed.
\r\n\r\n44:02:09:03 Repealed.
\r\n\r\n44:02:09:04 Repealed.
\r\n\r\n44:02:09:05 Repealed.
\r\n\r\n44:02:09:06 Repealed.
\r\n\r\n44:02:09:07 Repealed.
\r\n\r\n44:02:09:08 Repealed.
\r\n\r\n44:02:09:09 Repealed.
\r\n\r\n44:02:09:10 Repealed.
\r\n\r\n44:02:09:11 Repealed.
\r\n\r\n\r\n\r\n44:02:09:00. Definitions.\r\nRepealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR 31,\r\neffective August 18, 2009; repealed, SL 2014, ch 164, § 17, effective July 1,\r\n2014.
\r\n\r\n\r\n\r\n
44:02:09:01. Condition\r\nof grounds. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR 31,\r\neffective August 18, 2009; repealed, SL 2014, ch 164, § 18, effective July 1,\r\n2014.
\r\n\r\n\r\n\r\n
44:02:09:02. Soil\r\nand ground cover requirements. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR 31,\r\neffective August 18, 2009; repealed, SL 2014, ch 164, § 19, effective July 1,\r\n2014.
\r\n\r\n\r\n\r\n
44:02:09:03. Campsite.\r\nRepealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR 31,\r\neffective August 18, 2009; repealed, SL 2014, ch 164, § 20, effective July 1,\r\n2014.
\r\n\r\n\r\n\r\n
44:02:09:04. Density\r\nrequirement. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 21, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:09:05. Water\r\nsupply. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 22, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:09:06. Water\r\nstorage and distribution facilities. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 23, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:09:07. Wastewater\r\ndisposal. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 24, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:09:08. Plumbing.\r\nRepealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 25, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:09:09. Cooking\r\nshelters, barbecue pits, fireplaces, stoves, and incinerators. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 26, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:09:10. Garbage\r\nand rubbish storage and disposal. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 27, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:09:11. Primitive\r\ncampground. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 28, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
CHAPTER 44:02:10
\r\n\r\n\r\n(Repealed, SL 2014,\r\nch 164, effective July 1, 2014)
\r\n\r\n\r\n\r\nSection
\r\n\r\n44:02:10:00 Repealed.
\r\n\r\n44:02:10:01 Repealed.
\r\n\r\n44:02:10:02 Repealed.
\r\n\r\n44:02:10:03 Repealed.
\r\n\r\n44:02:10:04 Repealed.
\r\n\r\n44:02:10:05 Repealed.
\r\n\r\n44:02:10:06 Repealed.
\r\n\r\n44:02:10:07 Repealed.
\r\n\r\n44:02:10:08 Repealed.
\r\n\r\n44:02:10:09 Repealed.
\r\n\r\n44:02:10:10 Repealed.
\r\n\r\n44:02:10:11 Repealed.
\r\n\r\n44:02:10:12 Repealed.
\r\n\r\n44:02:10:13 Repealed.
\r\n\r\n44:02:10:14 Repealed.
\r\n\r\n44:02:10:15 Repealed.
\r\n\r\n44:02:10:16 Repealed.
\r\n\r\n44:02:10:17 Repealed.
\r\n\r\n44:02:10:18 Repealed.
\r\n\r\n44:02:10:19 Repealed.
\r\n\r\n44:02:10:20 Repealed.
\r\n\r\n44:02:10:21 Repealed.
\r\n\r\n44:02:10:22 Repealed.
\r\n\r\n44:02:10:23 Repealed.
\r\n\r\n44:02:10:24 Repealed.
\r\n\r\n44:02:10:25 Repealed.
\r\n\r\n44:02:10:26 Repealed.
\r\n\r\n44:02:10:27 Repealed.
\r\n\r\n44:02:10:28 Repealed.
\r\n\r\n44:02:10:29 Repealed.
\r\n\r\n44:02:10:30 Repealed.
\r\n\r\n44:02:10:31 Repealed.
\r\n\r\n44:02:10:32 Repealed.
\r\n\r\n44:02:10:33 Repealed.
\r\n\r\n44:02:10:34 Repealed.
\r\n\r\n44:02:10:35 Repealed.
\r\n\r\nAppendix A Sanitary Dump Station Concrete Apron Illustration, repealed, SL 2014, ch 164, § 43, effective July 1, 2014.
\r\n\r\n\r\n\r\n44:02:10:00. Definitions.\r\nRepealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 29, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
DEPARTMENT OF HEALTH
\r\n\r\n\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
SANITARY DUMP STATION\r\nCONCRETE APRON ILLUSTRATION
\r\n\r\n\r\n\r\n
\r\n\r\n
Chapter 44:02:10
\r\n\r\n\r\n\r\n
APPENDIX A
\r\n\r\n\r\n\r\n
SEE: § 44:02:10:14
\r\n\r\n(Repealed)
\r\n\r\n\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 43, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:10:01. Condition\r\nof grounds. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 30, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:10:02. Soil\r\nand ground cover requirements. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 31, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:10:03. Campsite.\r\nRepealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 32, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:10:04. Density\r\nrequirement. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 33, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:10:05. Variance\r\nallowance. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 34, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:10:06. Setback\r\nfrom public streets. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 35, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:10:07. Internal\r\nstreets. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 36, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:10:08. Off-street\r\nparking and maneuvering space. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 37, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:10:09. Water\r\nsupply. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 38, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:10:10. Water\r\nstorage and distribution facilities. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 39, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:10:11. Watering\r\nstations. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 40, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:10:12. Water\r\nconnection system. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 41, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:10:13. Wastewater\r\ndisposal. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 42, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:10:14. Sanitary\r\ndump stations. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 43, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:10:15. Sewer\r\nconnection system. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 44, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:10:16. Gray\r\nwater. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 16, 2009; repealed, SL 2014, ch 164, § 45, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:10:17. Plumbing.\r\nRepealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 46, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:10:18. Electrical\r\nsystem. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 47, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:10:19. Swimming\r\npools and spas. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 48, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:10:20. Service\r\nbuilding. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 49, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:10:21. Toilet\r\nand bathing facilities. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 50, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:10:22. Structure\r\nand cleanliness of service buildings. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 51, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:10:23. Service\r\nbuilding lighting. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 52, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:10:24. Cooking\r\nshelters, barbecue pits, fireplaces, stoves, and incinerators. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 53, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:10:25. Garbage\r\nand rubbish storage and disposal. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 54, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:10:26. Vermin\r\ncontrol. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 55, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:10:27. Fuel\r\nsupply and storage. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 56, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:10:28. Fire\r\nprotection. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 57, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:10:29. Reporting\r\ncommunicable disease. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 58, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:10:30. Pet\r\nkennels and control of animals. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 59, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:10:31. Camping\r\ncabins. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 60, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:10:32. Full-service\r\ncampground. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 61, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:10:33. Bedding\r\nand linen. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 62, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:10:34. Egress\r\nwindows. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; 36 SDR 96, effective December 8, 2009; repealed,\r\nSL 2014, ch 164, § 63, effective July 1, 2014.
\r\n\r\n\r\n\r\n
44:02:10:35. Egress\r\nwindow exception. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 64, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
CHAPTER 44:02:11
\r\n\r\n\r\n\r\n
LIMITED SERVICE\r\nCAMPGROUND
\r\n\r\n(Repealed, SL 2014,\r\nch 164, effective July 1, 2014)
\r\n\r\n\r\nSection
\r\n\r\n44:02:11:00 Repealed.
\r\n\r\n44:02:11:01 Repealed.
\r\n\r\n44:02:11:02 Repealed.
\r\n\r\n44:02:11:03 Repealed.
\r\n\r\n44:02:11:04 Repealed.
\r\n\r\n44:02:11:05 Repealed.
\r\n\r\n44:02:11:06 Repealed.
\r\n\r\n44:02:11:07 Repealed.
\r\n\r\n44:02:11:08 Repealed.
\r\n\r\n44:02:11:09 Repealed.
\r\n\r\n44:02:11:10 Repealed.
\r\n\r\n44:02:11:11 Repealed.
\r\n\r\n44:02:11:12 Repealed.
\r\n\r\n44:02:11:13 Repealed.
\r\n\r\n44:02:11:14 Repealed.
\r\n\r\n44:02:11:15 Repealed.
\r\n\r\n44:02:11:16 Repealed.
\r\n\r\n44:02:11:17 Repealed.
\r\n\r\n44:02:11:18 Repealed.
\r\n\r\n44:02:11:19 Repealed.
\r\n\r\n44:02:11:20 Repealed.
\r\n\r\n44:02:11:21 Repealed.
\r\n\r\n44:02:11:22 Repealed.
\r\n\r\n44:02:11:23 Repealed.
\r\n\r\n44:02:11:24 Repealed.
\r\n\r\n44:02:11:25 Repealed.
\r\n\r\n44:02:11:26 Repealed.
\r\n\r\nAppendix A Sanitary Dump Station Concrete Apron Illustration, repealed, SL 2014, ch 164, effective July 1, 2014.
\r\n\r\n\r\n\r\n44:02:11:00. Definitions.\r\nRepealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 65, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
DEPARTMENT OF HEALTH
\r\n\r\n\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
SANITARY DUMP STATION\r\nCONCRETE APRON ILLUSTRATION
\r\n\r\n\r\n\r\n
\r\n\r\n
Chapter 44:02:11
\r\n\r\n\r\n\r\n
APPENDIX A
\r\n\r\n\r\n\r\n
SEE: § 44:02:11:13
\r\n\r\n(Repealed)
\r\n\r\n\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 78, effective July\r\n1, 2014.
\r\n\r\n44:02:11:01. Condition\r\nof grounds. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 66, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:11:02. Soil\r\nand ground cover requirements. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 67, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:11:03. Campsite.\r\nRepealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 68, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:11:04. Density\r\nrequirement. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 69, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:11:05. Setback\r\nfrom public streets. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 70, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:11:06. Internal\r\nstreets. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 71, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:11:07. Off-street\r\nparking and maneuvering space. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 72, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:11:08. Water\r\nsupply. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 73, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:11:09. Water\r\nstorage and distribution facilities. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 74, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:11:10. Watering\r\nstations. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 75, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:11:11. Water\r\nconnection system. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 76, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:11:12. Wastewater\r\ndisposal. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 77, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:11:13. Sanitary\r\ndump stations. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 78, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:11:14. Sewer\r\nconnection system. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 79, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:11:15. Gray\r\nwater. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 80, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:11:16. Plumbing.\r\nRepealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 81, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:11:17. Electrical\r\nsystem. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 82, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:11:18. Cooking\r\nshelters, barbecue pits, fireplaces, stoves, and incinerators. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 83, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:11:19. Garbage\r\nand rubbish storage and disposal. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 84, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:11:20. Vermin\r\ncontrol. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 85, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:11:21. Fuel\r\nsupply and storage. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 86, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:11:22. Fire\r\nprotection. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 87, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:11:23. Reporting\r\ncommunicable disease. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 88, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:11:24. Pet\r\nkennels and control of animals. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 89, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:11:25. Limited-service\r\ncampground. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 90, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:11:26. Swimming\r\npools and spas. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 91, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
CHAPTER 44:02:12
\r\n\r\n\r\n\r\n
TEMPORARY\r\nCAMPGROUNDS
\r\n\r\n(Repealed, SL 2014,\r\nch 164, effective July 1, 2014)
\r\n\r\n\r\nSection
\r\n\r\n44:02:12:00 Repealed.
\r\n\r\n44:02:12:01 Repealed.
\r\n\r\n44:02:12:02 Repealed.
\r\n\r\n44:02:12:03 Repealed.
\r\n\r\n44:02:12:04 Repealed.
\r\n\r\n44:02:12:05 Repealed.
\r\n\r\n44:02:12:06 Repealed.
\r\n\r\n44:02:12:07 Repealed.
\r\n\r\n44:02:12:08 Repealed.
\r\n\r\n44:02:12:09 Repealed.
\r\n\r\n44:02:12:10 Repealed.
\r\n\r\n44:02:12:11 Repealed.
\r\n\r\n44:02:12:12 Repealed.
\r\n\r\n44:02:12:13 Repealed.
\r\n\r\n44:02:12:14 Repealed.
\r\n\r\n44:02:12:15 Repealed.
\r\n\r\n44:02:12:16 Repealed.
\r\n\r\n44:02:12:17 Repealed.
\r\n\r\n44:02:12:18 Repealed.
\r\n\r\n44:02:12:19 Repealed.
\r\n\r\n44:02:12:20 Repealed.
\r\n\r\n44:02:12:21 Repealed.
\r\n\r\n44:02:12:22 Repealed.
\r\n\r\n44:02:12:23 Repealed.
\r\n\r\n44:02:12:24 Repealed.
\r\n\r\n44:02:12:25 Repealed.
\r\n\r\n44:02:12:26 Repealed.
\r\n\r\n44:02:12:27 Repealed.
\r\n\r\n44:02:12:28 Repealed.
\r\n\r\n44:02:12:29 Repealed.
\r\n\r\nAppendix A Sanitary Dump Station Concrete Apron Illustration, repealed, SL 2014, ch 164, § 101, effective July 1, 2014.
\r\n\r\n\r\n\r\n44:02:12:00. Definitions.\r\nRepealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 92, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
DEPARTMENT OF HEALTH
\r\n\r\n\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
SANITARY DUMP STATION\r\nCONCRETE APRON ILLUSTRATION
\r\n\r\n\r\n\r\n
\r\n\r\n
Chapter 44:02:12
\r\n\r\n\r\n\r\n
APPENDIX A
\r\n\r\n\r\n\r\n
SEE: § 44:02:12:09
\r\n\r\n(Repealed)
\r\n\r\n\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 101, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:12:01. Condition\r\nof grounds. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 93, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:12:02. Soil\r\nand ground cover requirements. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 94, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:12:03. Density\r\nrequirement. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 95, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:12:04. Setback\r\nfrom public streets. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 96, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:12:05. Off-street\r\nparking and maneuvering space. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 97, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:12:06. Water\r\nsupply. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 98, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:12:07. Water\r\nstorage and distribution facilities. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 99, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:12:08. Wastewater\r\ndisposal. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 100, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:12:09. Sanitary\r\ndump station. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 101, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:12:10. Gray\r\nwater. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 102, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:12:11. Plumbing.\r\nRepealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 103, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:12:12. Electrical\r\nsystem. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 104, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:12:13. Swimming\r\npools and spas. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 105, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:12:14. Service\r\nbuilding. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 106, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:12:15. Toilet\r\nand bathing facilities. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 107, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:12:16. Structure\r\nand cleanliness of service buildings. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 108, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:12:17. Cooking\r\nshelters, barbecue pits, fireplaces, stoves, and incinerators. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 109, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:12:18. Garbage\r\nand rubbish storage and disposal. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 110, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:12:19. Vermin\r\ncontrol. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 111, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:12:20. Fuel\r\nsupply and storage. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 112, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:12:21. Fire\r\nprotection. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 113, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:12:22. Reporting\r\ncommunicable disease. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 114, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:12:23. Pet\r\nkennels and control of animals. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 115, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:12:24. Camping\r\ncabins. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 116, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:12:25. Temporary\r\ncampgrounds -- Closure order -- Refunds. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 117, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:12:26. Bedding\r\nand linen. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 118, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:12:27. Campsite.\r\nRepealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 119, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
44:02:12:28. Egress\r\nwindows. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; 36 SDR 96, effective December 8, 2009; repealed,\r\nSL 2014, ch 164, § 120, effective July 1, 2014.
\r\n\r\n\r\n\r\n
44:02:12:29. Egress\r\nwindow exception. Repealed.
\r\n\r\n\r\n\r\n
Source: 36 SDR\r\n31, effective August 18, 2009; repealed, SL 2014, ch 164, § 121, effective July\r\n1, 2014.
\r\n\r\n\r\n\r\n
CHAPTER 44:02:13
\r\n\r\n\r\n\r\n
LICENSE PERIOD AND PRORATED FEES
\r\n\r\n\r\n\r\nSection
\r\n\r\n44:02:13:00 License period.
\r\n\r\n44:02:13:01 Prorated fees.
\r\n\r\n\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
\r\n\r\n
CHAPTER 44:02:14
\r\n\r\n\r\n\r\n
CAMPGROUND\r\nREGULATION
\r\n\r\n\r\n\r\nSection
\r\n\r\n44:02:14:01 Definitions.
\r\n\r\n44:02:14:02 Water supply.
\r\n\r\n44:02:14:03 Water connection system.
\r\n\r\n44:02:14:04 Wastewater disposal.
\r\n\r\n44:02:14:05 Condition of grounds.
\r\n\r\n44:02:14:06 Garbage and rubbish storage and disposal.
\r\n\r\n44:02:14:07 Vermin control.
\r\n\r\n44:02:14:08 Fire protection.
\r\n\r\n44:02:14:09 Sanitary dump station.
\r\n\r\n44:02:14:10 Sewer connection system.
\r\n\r\n44:02:14:11 Swimming pools and spas.
\r\n\r\n44:02:14:12 Toilet and bathing facilities.
\r\n\r\n44:02:14:13 Camping cabins.
\r\n\r\n44:02:14:14 Bedding and linen.
\r\n\r\n\r\n\r\n44:02:14:01. Definitions. Words\r\ndefined by SDCL 34-18-1 have the same meaning when used in this chapter. In addition, the terms used in this chapter mean:
\r\n\r\n\r\n\r\n
(1) "Camping cabin," any\r\nstructure or building that is used to accommodate overnight sleeping guests and\r\nis dependent on a service building for restroom fixtures;
\r\n\r\n\r\n\r\n
(2) "Camping unit," any\r\ntrailer, tent camper, camper, camping cabin, tent, recreational park trailer,\r\nor other equipment that may be used by the traveling public at individual\r\ncampsites located at campgrounds or areas used by the public as campgrounds;
\r\n\r\n\r\n\r\n
(3) "Campsite," a specific\r\nparcel of land in a campground intended for occupancy and used by a single\r\ncamping unit;
\r\n\r\n\r\n\r\n
(4) "Community water system,"\r\na system that is regulated by the Department of Agriculture and Natural\r\nResources that meets the requirements set forth in ARSD chapter 77:04:12;
\r\n\r\n\r\n\r\n
(5) "Designated agent," a\r\nmunicipal, county, or district health department that has been designated as an\r\nagent of the secretary as provided in SDCL 34-18-7;
\r\n\r\n\r\n\r\n
(6) "Egress window," a window\r\nof sufficient size to meet the requirements of section 15 of this Act so that\r\nan occupant of a guest room can escape through the window in an emergency;
\r\n\r\n\r\n\r\n
(7) "EPA-certified\r\nlaboratory," a laboratory which meets the requirements outlined in chapter\r\n74:04:07;
\r\n\r\n\r\n\r\n
(8) "Inspection," an\r\nobjective examination of a campground by the department to review the employee\r\npractices, sanitary conditions, and health standards in accordance with SDCL chapter 34-18 and this chapter;
\r\n\r\n\r\n\r\n
(9) "Private water system," a\r\nwater system that serves a campground, food service establishment, or lodging\r\nestablishment that is not a public water system regulated by the Department of Agriculture\r\nand Natural Resources:
\r\n\r\n\r\n\r\n
(10) "Public water system," a\r\nsystem that is regulated by the Department of Agriculture and Natural Resources\r\nthat meets the requirements set forth in ARSD chapter 77:04:12;
\r\n\r\n\r\n\r\n
(11) "Sanitary dump station,"\r\na facility used for the removal and disposal of wastes from a camping unit\r\nholding tank and that has a water connection for the necessary flushing of the\r\narea; and
\r\n\r\n\r\n\r\n
(12) "Service building," a\r\nstructure housing toilet, lavatory, and bathing facilities.
\r\n\r\n\r\n\r\n
Source: SL 2014, ch 164, § 3,\r\neffective July 1, 2014; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
\r\n\r\nGeneral Authority: SL 2014, ch 164,\r\n§ 3.
\r\n\r\nLaw Implemented: SL 2014, ch 164, § 3.
\r\n\r\n\r\n\r\n
44:02:14:02. Water supply. The\r\nowner shall provide an accessible, adequate, and safe supply of water to each\r\ncampground facility. If a public water system of the quantity, quality, and\r\npressure approved by the Department of Agriculture and Natural Resources is\r\navailable, the owner shall provide that a connection is made to the system and\r\nthe system's water supply is used exclusively. The owner of a private water\r\nsystem shall submit water samples quarterly to an EPA-certified laboratory for\r\nbacteriological analysis while the campground is in operation. The owner shall\r\nsubmit a nitrate test of the water supply system yearly. The owner of a private\r\nwater system shall report any unsafe water sample to the department within\r\nthree days. If an unsafe drinking water sample is reported, the campground\r\nshall provide two consecutive safe water samples prior to allowing the public\r\nto use the private water supply. No wellhead or well casing opening may be in a\r\npit, room, or space that is below ground surface.
\r\n\r\n\r\n\r\n
Source: SL 2014, ch 164, § 4, effective\r\nJuly 1, 2014; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
\r\n\r\nGeneral Authority: SL 2014, ch 164,\r\n§ 4.
\r\n\r\nLaw Implemented: SL 2014, ch 164, § 4.
\r\n\r\n\r\n\r\n
44:02:14:03. Water connection\r\nsystem. All water connection and piping systems shall meet the uniform\r\nplumbing code as adopted by the state plumbing commission pursuant to SDCL 36-25-15.
\r\n\r\n\r\n\r\n
Source: SL 2014, ch 164, § 5,\r\neffective July 1, 2014.
\r\n\r\nGeneral Authority: SL 2014, ch 164,\r\n§ 5.
\r\n\r\nLaw Implemented: SL 2014, ch 164, § 5.
\r\n\r\n\r\n\r\n
44:02:14:04. Waste water disposal.\r\nEach campground shall have a wastewater collection and treatment system to\r\nconvey and dispose of all wastewater. The system shall be designed,\r\nconstructed, and maintained in accordance with specifications for individual\r\nand small on-site wastewater systems pursuant to chapter 74:53:01 and shall\r\nmeet the uniform plumbing code as adopted by the state plumbing commission\r\npursuant to SDCL 36-25-15.
\r\n\r\n\r\n\r\n
Source: SL 2014, ch 164, § 6,\r\neffective July 1, 2014.
\r\n\r\nGeneral Authority: SL 2014, ch 164, § 6.
\r\n\r\nLaw Implemented: SL 2014, ch 164, § 6.
\r\n\r\n\r\n\r\n
44:02:14:05. Condition of grounds.\r\nThe owner shall provide that the grounds are kept free of rubbish, trash, or\r\ndebris that is or could become a health or safety hazard to any occupant or\r\nsurrounding resident.
\r\n\r\n\r\n\r\n
Source: SL 2014, ch 164, § 7,\r\neffective July 1, 2014.
\r\n\r\nGeneral Authority: SL 2014, ch 164, § 7.
\r\n\r\nLaw Implemented: SL 2014, ch 164, § 7.
\r\n\r\n\r\n\r\n
44:02:14:06. Garbage and rubbish\r\nstorage and disposal. The stored garbage and rubbish shall be kept in a\r\nleak-proof, nonabsorbent container that is kept covered with a tight-fitting\r\nlid when filled, stored, or not in continuous use. Accessibility by insects,\r\nrodents, and other animals shall be minimized. No disposal of garbage and\r\nrubbish may create a health hazard. Disposal of rubbish shall be done as\r\nfrequently as needed to minimize the development of objectionable odors and\r\nother conditions that attract or harbor insects and rodents.
\r\n\r\n\r\n\r\n
Source: SL 2014, ch 164, § 8,\r\neffective July 1, 2014.
\r\n\r\nGeneral Authority: SL 2014, ch 164, § 8.
\r\n\r\nLaw Implemented: SL 2014, ch 164, § 8.
\r\n\r\n\r\n\r\n
44:02:14:07. Vermin control.\r\nEach building and area of the campground shall be constructed, equipped, and\r\nmaintained to prevent the entrance, harborage, or breeding of flies, roaches,\r\nrats, mice, and all other insects and vermin. If there is an infestation, the\r\ndepartment may require the owner of the campground to clean, renovate, and\r\nfumigate the campground to eliminate and to prevent the pests. The department\r\nmay require the campground to hire a professional exterminator to exterminate\r\npests under the following conditions:
\r\n\r\n\r\n\r\n
(1) The infestation is so extensive\r\nthat it is unlikely that a nonprofessional can eradicate the pests effectively;
\r\n\r\n\r\n\r\n
(2) The method of extermination of\r\nchoice can only be carried out by a professional exterminator; or
\r\n\r\n\r\n\r\n
(3) The department finds that a\r\ncampground has not been brought into compliance with a prior order to rid the\r\nestablishment of pests.
\r\n\r\n\r\n\r\n
The department shall require regularly scheduled\r\nprofessional extermination services following the determination of an excessive\r\npest infestation.
\r\n\r\n\r\n\r\n
Source: SL 2014, ch 164, § 9,\r\neffective July 1, 2014.
\r\n\r\nGeneral Authority: SL 2014, ch 164,\r\n§ 9.
\r\n\r\nLaw Implemented: SL 2014, ch 164, § 9.
\r\n\r\n\r\n\r\n
44:02:14:08. Fire protection.\r\nPortable fire extinguishers shall be provided in an accessible area for use and\r\nshall be maintained in an operable condition. Each fire extinguisher shall be\r\nrated a minimum of 2A10BC and must be accessible to the public at all times.
\r\n\r\n\r\n\r\n
Source: SL 2014, ch 164, § 10,\r\neffective July 1, 2014.
\r\n\r\nGeneral Authority: SL 2014, ch 164,\r\n§ 10.
\r\n\r\nLaw Implemented: SL 2014, ch 164,\r\n§ 10.
\r\n\r\n\r\n\r\n
44:02:14:09. Sanitary dump station.\r\nA campground may provide a sanitary dump station. Each sanitary dump station\r\nshall meet the uniform plumbing code as adopted by the state plumbing\r\ncommission pursuant to SDCL 36-25-15
\r\n\r\n\r\n\r\n
Source: SL 2014, ch 164, § 11, effective\r\nJuly 1, 2014.
\r\n\r\nGeneral Authority: SL 2014, ch 164,\r\n§ 11.
\r\n\r\nLaw Implemented: SL 2014, ch 164,\r\n§ 11.
\r\n\r\n\r\n\r\n
44:02:14:10. Sewer connection\r\nsystem. If a sewer connection system is provided, it shall meet the uniform\r\nplumbing code as adopted by the state plumbing commission pursuant to SDCL 36-25-15.
\r\n\r\n\r\n\r\n
Source: SL 2014, ch 164, § 12,\r\neffective July 1, 2014.
\r\n\r\nGeneral Authority: SL 2014, ch 164,\r\n§ 12.
\r\n\r\nLaw Implemented: SL 2014, ch 164,\r\n§ 12.
\r\n\r\n\r\n\r\n
44:02:14:11. Swimming pools and\r\nspas. Each swimming pool, spa, or other similar recreational facility shall\r\ncomply with requirements in the "Recommended Standards for Swimming Pool\r\nDesign and Operation," 1996 edition, Great Lakes-Upper Mississippi River Board\r\nof State and Provincial Public Health and Environmental Managers. The owner or\r\noperator of a swimming pool, spa, or other water recreational facility shall\r\ncollect and submit at least one water sample weekly for each swimming pool,\r\nspa, or other water recreational facility under the owner's or manager's\r\ncontrol to an EPA-certified laboratory for bacteriological analysis. A copy of\r\nthe daily log and weekly water sample results taken shall be kept onsite of the\r\nfacility and available for inspection at all times. The owner or operator shall\r\nreport any unsafe water sample test results to the department within three days\r\nafter receipt of the test results. Upon receipt of a positive water sample the\r\nowner or operator of the facility shall submit two consecutive negative samples\r\nto the department to confirm treatment procedures have eliminated the\r\ncontamination. If a resample test is positive, the owner or operator of the\r\nfacility shall close the affected water recreational facility and submit two\r\nconsecutive negative samples prior to allowing guest use of the affected water\r\nrecreational facility. A colorimetric test kit shall be used for the monitoring\r\nand adjusting of disinfectant levels and pH in swimming pool, spa, or any other\r\nwater recreational facility. The owner or operator of the facility shall\r\nmaintain a daily log of disinfectant levels and pH.
\r\n\r\n\r\n\r\n
Source: SL 2014, ch 164, § 13,\r\neffective July 1, 2014.
\r\n\r\nGeneral Authority: SL 2014, ch 164,\r\n§ 13.
\r\n\r\nLaw Implemented: SL 2014, ch 164,\r\n§ 13.
\r\n\r\n\r\n\r\n
44:02:14:12. Toilet and bathing\r\nfacilities. The campground may provide toilets, showers, and lavatories in\r\none or more service buildings for patron use. The service building can consist\r\nof men's or women's, or unisex facilities. Toilet and bathing facilities must\r\nmeet the uniform plumbing code as adopted by the state plumbing commission\r\npursuant to SDCL 36-25-15. Each room containing a sanitary or laundry facility must have sound-resistant walls extending to the ceiling between male and\r\nfemale sanitary facilities. Each floor, wall and ceiling shall be constructed\r\nof light-colored, smooth, nonabsorbent, durable, and easily cleanable material.\r\nEach concrete, brick, or pumice block shall be finished and sealed to provide a\r\nsmooth, flat, easily cleanable surface. Each floor, wall, and ceiling in the\r\nservice building shall be kept clean and in good repair. Each toilet, lavatory,\r\nand bathing fixture shall be kept clean, sanitary and in good repair. Each\r\nrestroom fixture shall be cleaned and sanitized daily or more often as needed.\r\nEach cleaner, sanitizer, and disinfectant shall comply with 40 C.F.R.\r\n§ 180.940, July 1, 2013. Each room shall have at least one screened window\r\nthat can be easily opened or a mechanical device that ventilates the room. Each\r\nfixture shall be maintained in good repair. Each opening for ventilation or\r\nentrance shall be kept screened at all times to prevent the entrance of insects\r\nand vermin into the facility. Each service building room shall be equipped with\r\nnonglare lighting to provide at least 10 footcandles on all surfaces except\r\nthose used for reading, shaving, or the application of cosmetics. For these\r\nareas, a minimum of 30 footcandles shall be provided.
\r\n\r\n\r\n\r\n
Source: SL 2014, ch 164, § 14,\r\neffective July 1, 2014.
\r\n\r\nGeneral Authority: SL 2014, ch 164,\r\n§ 14.
\r\n\r\nLaw Implemented: SL 2014, ch 164,\r\n§ 14.
\r\n\r\n\r\n\r\n
44:02:14:13. Camping cabins. Any\r\nstructure that is provided for use by overnight guests shall meet the following\r\nrequirements:
\r\n\r\n\r\n\r\n
(1) Each camping cabin shall have no\r\nmore than two sleeping rooms;
\r\n\r\n\r\n\r\n
(2) Each sleeping room shall either\r\ndirectly exit to the outside or be equipped with an operable egress window.\r\nEach egress window shall have at least a net clear opening of 5.7 square feet\r\nand shall be at least 24 inches high and at least 20 inches wide. The egress\r\nwindow shall open from the inside of the guest room without the use of any\r\nspecial tool or knowledge. The egress window shall have a finished height of\r\nnot more than 48 inches above the floor. For camping cabins constructed before\r\nJuly 1, 2009, each grade level egress window shall have at least a net clear\r\nopening of 5.0 square feet and shall be at least 24 inches high and at least 20\r\ninches wide;
\r\n\r\n\r\n\r\n
(3) Each floor, wall, and ceiling shall\r\nbe constructed of durable, nonabsorbent, easily cleanable materials and cleaned\r\nand sanitized between guests;
\r\n\r\n\r\n\r\n
(4) Each mattress provided shall be\r\nprotected or covered with an impermeable cover to prevent the infestation of\r\npests and filth;
\r\n\r\n\r\n\r\n
(5) A hard-wired or battery-operated\r\nsmoke detector shall be provided in each camping cabin;
\r\n\r\n\r\n\r\n
(6) No bathroom facility may be\r\nprovided in the camping cabin;
\r\n\r\n\r\n\r\n
(7) Each window and opening to the\r\noutside that is not a door shall be screened to prevent the entrance of vermin\r\nand insects; and
\r\n\r\n\r\n\r\n
(8) Any fuel fired heating equipment\r\nlocated inside the camping cabin shall be inspected at least once a year by a\r\nperson in the business of heating system maintenance. A written verification of\r\nthe inspection shall be kept on file in the campground with the date of the\r\ninspection, a written statement by the person making the inspection, and that\r\nperson's signature.
\r\n\r\n\r\n\r\n
Source: SL 2014, ch 164, § 15,\r\neffective July 1, 2014.
\r\n\r\nGeneral Authority: SL 2014, ch 164,\r\n§ 15.
\r\n\r\nLaw Implemented: SL 2014, ch 164,\r\n§ 15.
\r\n\r\n\r\n\r\n
44:02:14:14. Bedding and linen.\r\nIf a campground owner or operator furnishes linens for use by a guest using the\r\ncamping cabin, the owner or operator shall furnish each guest with clean sheets\r\nand pillow cases for the bed, bunk, or cot to be occupied by the guest. Sheets\r\nshall be of sufficient width and length to cover the mattress completely. Any\r\nbath linen, sheets, and pillow cases used by one guest shall be washed and\r\nmechanically dried before being furnished to another guest. Any bedding,\r\nincluding mattress, mattress pad, quilt, blanket, pillows, sheets, and spreads,\r\nand all bath linen shall be kept clean, in good repair, and stored in a\r\nsanitary manner. Separate laundry containers shall be provided for clean and\r\nsoiled laundry. Any soiled linen, uniform, and other garment shall be kept\r\nseparate from clean linen to prevent cross-contamination. Any clean linen shall\r\nbe stored on smooth, nonabsorbent, cleanable surfaces located a minimum of six\r\ninches above the floor.
\r\n\r\n\r\n\r\n
Source: SL 2014, ch 164, § 16, effective\r\nJuly 1, 2014.
\r\n\r\nGeneral Authority: SL 2014, ch 164,\r\n§ 16.
\r\n\r\nLaw Implemented: SL 2014, ch 164,\r\n§ 16.
\r\n\r\n\r\n\r\n