reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-21 - Registration of guests at lodging establishment or campground--Contents and inspection of records.

34-18-21. Registration of guests at lodging establishment or campground--Contents and inspection of records.
Each person conducting a lodging establishment or campground shall keep a record of guests. Such a record may be kept in a register or on separate cards and shall be opened for inspection and copying by the secretary of health for the purpose of protecting the health or life of persons or for an emergency which may affect the public health. The inspection and copying shall take place during business hours and shall be conducted by an authorized department inspector after presentation of identification. The registry shall contain the name of the guest, the number in the party, the place of permanent residence of the guest, the date of registration, the date of departure, the daily rate charged, and the motor vehicle license number of the registrant. The record shall also include each rate, price, or fee charged to the guest for the guest's stay at the lodging establishment or campground, as required by subdivision 37-24-6(8). These records shall be kept for a minimum of one year.
Source:
SDC 1939, §27.1709; SL 1963, ch 158, §15; SL 1970, ch 199, §10; SL 1994, ch 277, §1; SL 1998, ch 243, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-21.1 - Confidentiality of information obtained through inspection of records.

34-18-21.1. Confidentiality of information obtained through inspection of records.
Information obtained by the department under the authority of §34-18-21 is confidential, except for official purposes of the department, and may not be disclosed except in accordance with a judicial order or as otherwise provided by law.
Source:
SL 1994, ch 277, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-21.2 - Review of requests for inspection of records.

34-18-21.2. Review of requests for inspection of records.
In the event that a court is asked to review a request by the secretary for inspection pursuant to §34-18-21, the court shall consider whether a health emergency exists and whether the request is consistent with the needs of the secretary to enforce the secretary's duties in this chapter. The court shall balance the business interests of the proprietor, the privacy interests of the guests and the enforcement interests of the secretary as it determines the extent to which the records shall be delivered to the secretary and determines the costs of such disclosures which shall be allocated to the secretary.
Source:
SL 1994, ch 277, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-22 - Health and safety requirements--Procedure for rules and regulations.

34-18-22. Health and safety requirements--Procedure for rules and regulations.
The department shall adopt rules and regulations setting forth the minimum public health and safety requirements for lodging establishments, campgrounds, food service establishments, temporary food service establishments, or mobile food service establishments. The procedure for adopting such rules and regulations shall be in accordance with chapter 1-26.
Source:
SDC 1939, §27.1728 as enacted by SL 1955, ch 94, §5; SL 1963, ch 158, §17; SL 1970, ch 199, §11; SL 1972, ch 15, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-22.1 - Fire safety standards for specialty resort with less than ten occupants.

34-18-22.1. Fire safety standards for specialty resort with less than ten occupants.
Any specialty resort establishment with less than ten occupants shall meet the following minimum fire safety standards:
(1)Any primary exit that leads to the exterior of the structure shall be capable of unlocking from the interior without the use of a key or special knowledge or effort, free from obstruction, and clearly marked with illuminated exit signs. Any sleeping room with a direct exit to the exterior of the building is exempt from this requirement;
(2)There shall be a smoke detector in each sleeping room. The owner or manager shall test any battery operated smoke detector at least twice a year;
(3)Any sleeping room shall be equipped with an operable egress window. Any sleeping room with a direct exit to the exterior of the building is exempt from this requirement; and
(4)Portable fire extinguishers with a minimum 2-A rating shall be made available on each floor and shall be inspected and tagged annually.
Source:
SL 2005, ch 184, §1; SL 2008, ch 171, §1; SL 2011, ch 157, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-22.2 - Fire safety standards for specialty resort with ten or more occupants.

34-18-22.2. Fire safety standards for specialty resort with ten or more occupants.
Any specialty resort establishment with ten or more occupants shall meet the following minimum fire safety standards:
(1)Each floor where occupants are sleeping shall have access to at least two remote exits;
(2)Any primary exit that leads to the exterior of the structure shall be capable of unlocking from the interior without the use of a key or special knowledge or effort, free from obstruction, and clearly marked with illuminated exit signs. Any sleeping room with a direct exit to the exterior of the building is exempt from this requirement;
(3)There shall be a smoke detector in each sleeping room. The owner or manager shall test any battery operated smoke detector at least twice a year;
(4)Any sleeping room shall be equipped with an operable egress window. Any sleeping room with a direct exit to the exterior of the building is exempt from this requirement; and
(5)Portable fire extinguishers with a minimum 2-A rating shall be made available on each floor and shall be inspected and tagged annually.
Source:
SL 2005, ch 184, §2; SL 2008, ch 171, §2; SL 2011, ch 157, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-22.3 - Fire safety standards for vacation home establishments.

34-18-22.3. Fire safety standards for vacation home establishments.
Any vacation home establishment shall meet the following minimum fire safety standards:
(1)Each floor where ten or more occupants are sleeping shall have access to at least two remote exits;
(2)Any primary exit that leads to the exterior of the structure shall be capable of unlocking from the interior without the use of a key or special knowledge or effort and free from obstruction. Any sleeping room with a direct exit to the exterior of the building is exempt from this requirement;
(3)There shall be a smoke detector in each sleeping room. The owner or manager shall test any battery operated smoke detector at least twice a year;
(4)Any sleeping room shall be equipped with an operable egress window. Any sleeping room with a direct exit to the exterior of the building is exempt from this requirement; and
(5)A portable fire extinguisher with a minimum 2-A rating shall be made available on each floor and shall be inspected and tagged annually.
Source:
SL 2008, ch 172, §2; SL 2011, ch 157, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-23 - Notice to department of construction and alteration of establishments.

34-18-23. Notice to department of construction and alteration of establishments.
The department shall be notified thirty days prior to initiating construction of new lodging establishments, campgrounds, food service establishments, mobile food service establishments, or permanent additions, alterations, or modification of existing structures. Owners of temporary food service establishments shall give notice to the department as may be prescribed by the department for any new construction, alteration, or modification of existing structures. Such notifications shall be made by the owner for the purpose of permitting a review of features having public health and safety significance.
Source:
SL 1963, ch 158, §16; SL 1970, ch 199, §12.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-24 - Departmental inspections of lodging establishments and campgrounds.

34-18-24. Departmental inspections of lodging establishments and campgrounds.
The secretary of health shall at least annually inspect or cause to be inspected every lodging establishment and campground licensed in this state for compliance with the provisions of this chapter and the rules promulgated thereunder.
Source:
SL 1907, ch 165, §10; SL 1909, ch 185, §10; SL 1913, ch 238, §7; SL 1915, ch 215, §7; RC 1919, §7827; SL 1921, ch 256, §5; SL 1935, ch 173, §4; SDC 1939, §27.1708; SL 1955, ch 94, §4; SL 1963, ch 158, §3; SL 1970, ch 199, §13; SL 1982, ch 261, §1; SL 1986, ch 281, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-25.1 - Inspection of lodging establishments, campgrounds, food service establishments, and mobile food services--Fee.

34-18-25.1. Inspection of lodging establishments, campgrounds, food service establishments, and mobile food services--Fee.
The department shall, at least annually, make one inspection of each lodging establishment and campground and, at least twice annually, of each food service establishment or mobile food service licensed under this chapter to ascertain that the lodging establishment, campground, food service establishment, or mobile food service is in compliance with this chapter and the rules promulgated pursuant to this chapter. The department shall charge an inspection fee of twenty-five dollars for each inspection. The inspection shall take place during business hours and shall be conducted by an authorized department inspector after presentation of identification. The scope of the inspection is limited to those areas provided for in this chapter and the rules promulgated pursuant to this chapter.
Source:
SL 1986, ch 281, §6; SL 2009, ch 165, §10.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-25.2 - Refusal to allow inspection--Suspension or revocation proceedings.

34-18-25.2. Refusal to allow inspection--Suspension or revocation proceedings.
If, prior to an inspection being started, the owner or operator of a lodging establishment, campground, food service establishment, or mobile food service establishment refuses to allow the inspection, no inspection shall be made. If, during the course of an inspection, the owner or operator refuses to allow the inspection to continue, the inspection shall cease. In either case, however, the department may immediately initiate proceedings in accordance with chapter 1-26 to suspend or revoke the owner's establishment or campground license.
Source:
SL 1986, ch 281, §7.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-25.3 - Inspection of exempt establishments and campgrounds--Scope.

34-18-25.3. Inspection of exempt establishments and campgrounds--Scope.
Upon receipt of a complaint, the department may enter and inspect any lodging establishment, campground, food service establishment, mobile food service establishment, or temporary food service establishment which is exempt from the licensing or license fee provisions of this chapter pursuant to §§34-18-17, 34-18-18, and 34-18-20 to determine if there are violations of this chapter or any of the rules promulgated thereunder. Before entering an establishment, the department shall obtain the consent of the owner or obtain a court order authorizing entry for the purpose of inspection except in those instances when an emergency exists. As used in this section, the term, emergency, means any circumstance which the department has reason to believe exists, which may constitute a hazardous condition that may endanger human life or be seriously detrimental to public health. The inspection shall take place during reasonable times and shall be conducted by an authorized department inspector after presentation of identification. The scope of the inspection is limited to those areas provided for in this chapter and the rules promulgated thereunder. After an inspection is completed, the department may proceed in accordance with §34-18-19 or 34-18-26 to cause compliance with this chapter and the rules promulgated thereunder.
Source:
SL 1991, ch 275.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-26 - Notice and correction of deficiencies--Closure order on failure to correct deficiency--Injunctive relief.

34-18-26. Notice and correction of deficiencies--Closure order on failure to correct deficiency--Injunctive relief.
If, upon an inspection, it is determined that a lodging establishment, campground, food service establishment, or mobile food service establishment is not being conducted or is not equipped and maintained in a manner and condition required by the provisions of this chapter and the rules promulgated thereunder the secretary or an authorized department inspector shall notify the owner or operator of the lodging establishment, campground, food service establishment, or mobile food service establishment of such changes or alterations as are considered necessary for complete compliance. The owner shall make such changes and alterations necessary to put the lodging establishment, campground, food service establishment, or mobile food service establishment in a condition that complies with the provisions of this chapter and rules promulgated thereunder. If, after proper notice, the owner refuses or fails to comply within sixty days following notification, the secretary shall, subject to the requirements of chapter 1-26, issue a closure order to the owner of the establishment or campground until such requirements are complied with. If the establishment or campground continues operation after a closure order is issued, the secretary may refer the matter to the state's attorney for appropriate action or the attorney general's office for injunctive relief.
Source:
SL 1907, ch 165, §10; SL 1909, ch 185, §10; SL 1913, ch 238, §7; SL 1915, ch 215, §7; RC 1919, §7827; SL 1921, ch 256, §5; SL 1935, ch 173, §4; SDC 1939, §27.1708; SL 1955, ch 94, §4; SL 1963, ch 158, §5; SL 1970, ch 199, §14; SL 1972, ch 15, §4; SL 1986, ch 281, §4; SL 1988, ch 279, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-26.1 - Follow-up inspection--Fee.

34-18-26.1. Follow-up inspection--Fee.
The department shall conduct a follow-up inspection of a lodging establishment, campground, food service establishment, or mobile food service to ascertain compliance with a sixty-day notice issued pursuant to §34-18-26. When the department conducts an inspection pursuant to this section, the owner shall promptly remit, but not later than thirty days after the follow-up inspection, a fifty dollar inspection fee to the department.
The inspection fee provisions of §§34-18-26.1 and 34-18-27.1 do not apply to nonprofit organizations.
Source:
SL 1991, ch 276, §§1, 3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-26.2 - Expedited follow-up inspection process.

34-18-26.2. Expedited follow-up inspection process.
The department shall implement an expedited inspection process whereby the owner of a food service establishment, lodging establishment, or campground may request a follow-up inspection to the establishment's most recent routine inspection. If an establishment has received an inspection score of eighty or higher, but less than ninety, on the most recent routine inspection, the establishment may request a follow-up inspection through the expedited inspection process. A request for a follow-up inspection as part of the expedited inspection process shall be received by the department within ten business days of the most recent routine inspection. The department shall conduct the follow-up inspection within sixty days of receipt of the request, unless the establishment requesting the follow-up inspection ceases or temporarily suspends operations prior to the follow-up inspection. No establishment may receive more than one follow-up inspection every two years, as part of the expedited inspection process. The department shall charge a fee of one hundred dollars for each follow-up inspection performed as part of the expedited inspection process.
Source:
SL 2013, ch 155, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-27 - Summary suspension of license on discovery of hazardous condition.

34-18-27. Summary suspension of license on discovery of hazardous condition.
The secretary of health, upon determining the existence of a hazardous condition that may immediately endanger human life or be seriously detrimental to public health may, subject to the requirements of §1-26-29, summarily suspend the license of any lodging establishment, campground, food service establishment, temporary food service establishment, or mobile food service establishment in this state. A license suspended on this basis shall remain suspended until such time as the establishment or campground is in compliance with the requirements of this chapter and the rules and regulations of the department.
Source:
SL 1915, ch 215, §24; RC 1919, §7843; SL 1921, ch 256, §7; SL 1935, ch 173, §13; SDC 1939, §27.1727; SL 1963, ch 158, §13; SL 1970, ch 199, §15; SL 1972, ch 15, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-27.1 - Grounds for denial, suspension, or revocation of license.

34-18-27.1. Grounds for denial, suspension, or revocation of license.
The department may deny any application or suspend or revoke any license issued under the provisions of this chapter on any of the following grounds:
(1)Commission of fraud or willful misrepresentation in the application for or in obtaining a license;
(2)Commission, or permitting, aiding, or abetting in the commission, of any unlawful act in a lodging establishment, campground, food service establishment, or mobile food service establishment;
(3)Conduct or practices detrimental to the public health, safety, or welfare;
(4)Failure to allow department inspections authorized under §§34-18-24 and 34-18-27.3 or necessary follow-up inspections;
(5)Violation by the applicant or licensee of any of the provisions of this chapter or of the rules promulgated thereunder;
(6)Failure to remit follow-up inspection fees pursuant to §34-18-26.1.
Source:
SL 1986, ch 281, §8; SL 1991, ch 276, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-27.2 - Consideration of new application after correction of conditions.

34-18-27.2. Consideration of new application after correction of conditions.
If a lodging establishment, campground, food service establishment, or mobile food service establishment license is suspended or revoked as provided in §34-18-27.1, a new application for license may be considered by the department when satisfactory evidence has been submitted to show that the conditions upon which suspension or revocation was based have been corrected. A new license may then be granted after proper inspection has been made and all provisions of this chapter and the rules promulgated thereunder have been complied with.
Source:
SL 1986, ch 281, §9.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-27.3 - Departmental inspection upon receipt of complaint--Initiation of suspension, revocation or denial proceedings.

34-18-27.3. Departmental inspection upon receipt of complaint--Initiation of suspension, revocation or denial proceedings.
The department, upon receipt of a complaint, may inspect any lodging establishment, campground, food service establishment, or mobile food service establishment to determine if there are violations of this chapter or any of the rules promulgated thereunder. The scope of the inspection is limited to those areas set forth in this chapter and the rules promulgated thereunder. After an inspection is completed, the department may, if warranted, proceed in accordance with chapter 1-26 to suspend, revoke, or deny the license of the establishment or campground.
Source:
SL 1986, ch 281, §10.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-28 - Request for hearing on license suspension or revocation or closure order.

34-18-28. Request for hearing on license suspension or revocation or closure order.
If the owner of any establishment or campground licensed under this chapter is aggrieved by action taken for suspension or revocation of his license or a closure order he may request a hearing which shall be had and appeal may be taken under the provisions of chapter 1-26 as a contested case. Such request for a hearing shall be a written notice to the secretary of health setting forth the reason or reasons for the grievance.
Source:
SL 1963, ch 158, §14; SL 1970, ch 199, §16; SL 1972, ch 15, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-31 - Precedence over other statutes.

34-18-31. Precedence over other statutes.
The provisions of this chapter shall have precedence over any other statutes relating directly to the safety and sanitary requirements, inspection and licensing of lodging establishments, campground, food service establishments, temporary food service establishments, and mobile food service establishments.
Source:
SL 1963, ch 158, §19; SL 1970, ch 199, §18.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-32 - Violation of chapter or rules or regulations as misdemeanor--Each day as separate offense.

34-18-32. Violation of chapter or rules or regulations as misdemeanor--Each day as separate offense.
Any lodging establishment, campground, food service establishment, temporary food service establishment, or mobile food service establishment owner violating the provisions of this chapter or the rules and regulations adopted pursuant to this chapter shall be guilty of a Class 2 misdemeanor. Each and every day of operation after serving the notice of closure shall constitute a distinct and separate offense.
Source:
SL 1907, ch 165, §7; SL 1909, ch 185, §16; SL 1913, ch 238, §24; SL 1915, ch 215, §24; RC 1919, §7843; SL 1921, ch 256, §7; SL 1935, ch 173, §13; SDC 1939, §27.9933; SL 1963, ch 158, §22; SL 1970, ch 199, §19; SL 1977, ch 190, §41.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-33 - Severability of provisions.

34-18-33. Severability of provisions.
If any provisions of this chapter or the application thereof to anyone or to any circumstance is held invalid, the remainder of the chapter and the application of such provisions to other circumstances shall not be affected thereby.
Source:
SL 1963, ch 158, §21.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-34 - Farmer's market fresh fruits and vegetables--Licensure exemption.

34-18-34. Farmer's market fresh fruits and vegetables--Licensure exemption.
No person selling whole, intact fresh fruits or vegetables at a farmer's market, roadside stand, or similar venue is required to be licensed pursuant to this chapter.
Source:
SL 2010, ch 172, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-35 - Sale of homemade foods and food products.

34-18-35. Sale of homemade foods and food products.
Except as otherwise provided in §34-18-38, the licensure provisions of this chapter do not apply to a person selling:
(1)Non-temperature-controlled food prepared at a residence;
(2)Home-processed canned goods;
(3)Baked goods prepared at a residence; or
(4)Any food product prepared at a residence and authorized under §34-18-36 or 34-18-36.1.
Source: SL 2010, ch 172, §2; SL 2022, ch 106, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-36 - Canned goods––Requirements.

34-18-36. Canned goods––Requirements.
No canned good may be sold unless the pH level is 4.6 or less or the water activity level is .85 or less.
Except as otherwise provided in this section, a producer selling canned goods under this section shall, every five years, complete food safety training approved by the department. The training must be available online. The producer shall retain records verifying the timely completion of such training.
A producer selling home-processed goods under this section may, in lieu of the requirement for food safety training, maintain verification of each recipe from a third-party processing authority. The third-party processing authority must have knowledge of the thermal processing required of food in hermetically-sealed containers and shall verify the method of processing and that the pH or water activity threshold levels are met. The processing authority shall provide verification in writing to the producer.
Source: SL 2010, ch 172, §3; SL 2022, ch 106, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-36.1 - Food safety training––Authorized sales.

34-18-36.1. Food safety training––Authorized sales.
Any producer who verifies compliance with the food safety training requirements set forth in accordance with §34-18-36, may sell the following:
(1)Any non-heat-processed fermented food, provided the food is consistently maintained at a temperature that is at or below forty-one degrees Fahrenheit;
(2)Kuchen and baked goods that require time and temperature control for safety, including soft pies, cheesecake, and baked goods having a custard or cream filling, and sauces and pesto that require time and temperature control for safety, provided the food is consistently maintained at a temperature that is at or below forty-one degrees Fahrenheit; and
(3)Home-processed frozen fruit and produce, provided the food is consistently maintained at a temperature that is at or below zero degrees Fahrenheit.
Source: SL 2022, ch 106, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-37 - Label requirements.

34-18-37. Label requirements.
Food prepared at a residence may not be sold unless it has a label that includes the following information:
(1)Name of the product;
(2)Name of the producer;
(3)Physical address of production;
(4)Mailing address of the producer;
(5)Telephone number of the producer;
(6)Date the product was made or processed;
(7)Ingredients;
(8)In the case of food sold in accordance with §34-18-36.1, a directive to keep refrigerated or frozen; and
(9)A disclaimer that states: "This product was not produced in a commercial kitchen. It has been home-processed in a kitchen that may also process common food allergens such as tree nuts, peanuts, eggs, soy, wheat, milk, fish, and crustacean shellfish."
Source: SL 2010, ch 172, §4; SL 2020, ch 143, §1; SL 2022, ch 106, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-38 - Exemption from licensure––Requirements.

34-18-38. Exemption from licensure––Requirements.
A person selling food prepared at the person's primary residence, in accordance with §34-18-35, is exempt from the licensing and license fee provisions of this chapter if:
(1)The food meets the requirements of §34-18-37;
(2)The food is sold in the seller's physical presence at:
(a)The seller's primary residence;
(b)A farmer's market;
(c)A roadside stand; or
(d)Other temporary sale venue; and
(3)The seller, or a person residing at the seller's primary residence, personally delivers the food to the buyer at the completion of the sale.
Source: SL 2011, ch 158, §1; SL 2020, ch 143, §2; SL 2022, ch 106, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-39 - Definition of terms--Camping liability--Immunity.

34-18-39. Definition of terms--Camping liability--Immunity.
Terms used in §§34-18-39 to 34-18-42, inclusive, mean:
(1)"Camping," visiting, staying at, using, and leaving a private campground, including lodging of all types;
(2)"Inherent risks of camping," dangers and hazards from:
(a)Features of the natural world, such as trees, tree stumps, naturally occurring infectious agents, roots, brush, rocks, mud, sand, standing and moving water, and soil;
(b)Uneven and unpredictable terrain;
(c)Natural bodies of water and accessories permitting the use of natural bodies of water, including piers, docks, swimming and aquatic sports, or recreation facilities or areas;
(d)A lack of lighting;
(e)Campfires contained in or outside a fire pit or an enclosure provided by the private campground, bonfires, grass or brush fires, wildfires, and forest fires;
(f)Weather;
(g)Insects, birds, and other wildlife;
(h)A violation of safety rules or a disregard for signs or other methods of communicating warnings;
(i)Another camper or visitor at the private campground acting in a negligent manner, if the private campground owner or an employee or officer of the private campground owner is not involved;
(j)Actions by a camper or visitor that exceed his or her physical limitations or abilities;
(k)Actions by a camper or visitor involving climbing, rappelling, caving, mountaineering;
(l)Fireworks of a camper, visitor, or offsite entity not authorized by the private campground owner or employee or officer of a private campground owner; and
(m)Any person coming onto the campsite not reported to the private campground owner or an employee or officer of the private campground owner.
(3)"Private campground," any parcel or tract of land, including buildings and other structures, that is owned or operated by a private property owner where five or more campsites are made available for use as temporary living quarters for recreational, camping, travel, or seasonal use. The term also includes recreational vehicle parks.
Source: SL 2022, ch 107, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-40 - Camping liability--Immunity granted.

34-18-40. Camping liability--Immunity granted.
Except as provided under §34-18-41, a private campground owner, or an employee or officer of a private campground owner, is not liable if a person is injured or killed or property is damaged as a result of an inherent risk of camping.
Source: SL 2022, ch 107, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-41 - Camping liability--Immunity not granted.

34-18-41. Camping liability--Immunity not granted.
The provisions of §34-18-40 do not limit the liability of a private campground owner or an employee or officer of a private campground owner who:
(1)Intentionally causes the injury, death, or property damage;
(2)Acts with a willful or wanton disregard for the safety of the person or property damaged. This includes conduct committed with an intentional or reckless disregard for the safety of others;
(3)Fails to use that degree of care that an ordinarily careful and prudent person would use under the same or similar circumstances; or
(4)Fails to conspicuously post warning signs of a dangerous, inconspicuous condition known to the owner of the private campground, or his or her employees or officers, on the property that the owner owns, leases, rents, or is otherwise in lawful control of or in possession of, if the owner, employee, or officer is aware of the condition by reason of a prior injury involving the same location or the same mechanism of injury. Such warning signs must appear in black letters on a white background with each letter a minimum of one inch in height.
Source: SL 2022, ch 107, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-42 - Camping liability--Warning mandated.

34-18-42. Camping liability--Warning mandated.
Every written contract entered into by a private campground owner or an employee or officer of a private campground owner must contain, in clearly readable print, the warning notice specified in this section. A warning sign must be posted at the entrance or registration desk of a private campground. The signs described in subdivision34-18-41(4) and contracts described in this section must contain the following warning:
WARNING
Under South Dakota law, a private campground owner or an employee or officer of a private campground owner is not liable for an injury to or the death of a person or any property damage resulting from the inherent risks of camping.
Source: SL 2022, ch 107, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20 - Poisons › Section 34-20-1 - Label and warnings required for specified poisons--Contents of label.

34-20-1. Label and warnings required for specified poisons--Contents of label.
No person shall vend, sell, give away, or furnish, either directly or indirectly, any poison named in schedules A or B as set forth in §§34-20-2 and 34-20-3, unless the package, box, bottle, paper, or other container of such poison be labeled with the name of the active ingredients, the name and address of the person furnishing the same, and the word, poison, in red letters not less than one-fourth inch in height together with the skull and crossbones in like color and size and in addition thereto a caution to the user as to the dangerous properties of such poison; provided however, that whenever any such poison is sold in the original unbroken package the name and address of the seller need not be shown on the label.
Source:
SL 1893, ch 132, §12; SL 1897, ch 103, §2; RPolC 1903, §280; RC 1919, §7844; SL 1929, ch 124, §1; SL 1935, ch 114, §1; SDC 1939, §22.1201.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20 - Poisons › Section 34-20-2 - Schedule A--Highly toxic poisons enumerated.

34-20-2. Schedule A--Highly toxic poisons enumerated.
The following is schedule A, referred to in §34-20-1:
(1)Arsenic, lead arsenate, Paris green, and other poisonous compounds of arsenic;
(2)Corrosive sublimate or preparations of the same and other poisonous compounds of mercury;
(3)Prussic acid, potassium cyanide, oil of bitter almonds, aconite, belladonna, veratrum viride, strychnine, nux vomica, their preparations or derivatives, and all other poisonous vegetable alkaloids and their salts;
(4)Strophanthus or its preparations, cocculus indicus, chloral hydrate, veronal, and other urea derivatives;
(5)Creosote, cresols, and their preparations, tartar emetic, carbolic acid (phenol), containing more than ten percent of said acid, nitric acid, and sulphuric acid except in solutions containing ten percent or less of such acids;
(6)Yellow phosphorus and its poisonous preparations; and
(7)Other poisonous drugs and medicines fatal to human life in doses of fifteen grains or less.
Source:
SL 1893, ch 132; SL 1897, ch 103, §2; RPolC 1903, §280; RC 1919, §7844; SL 1929, ch 124, §1; SL 1935, ch 114, §1; SDC 1939, §22.1201.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20 - Poisons › Section 34-20-3 - Schedule B--Less toxic poisons enumerated.

34-20-3. Schedule B--Less toxic poisons enumerated.
The following is schedule B referred to in §34-20-1:
(1)Carbolic acid in solutions containing ten percent or less;
(2)Hydrochloric or muriatic acid, except in solutions containing ten percent or less;
(3)Oxalic acid, chloroform, ether, santonine, cantharides, iodine, or its tinctures;
(4)Sulphate of zinc, sulphate of copper, carbonate of copper;
(5)Solutions of formaldehyde and compound solutions of cresol; and
(6)Other poisonous drugs and medicines fatal to human life in doses of fifteen to sixty grains.
Source:
SL 1893, ch 132; RPolC 1903, §280; RC 1919, §7844; SL 1929, ch 124, §1; SL 1935, ch 114, §1; SDC 1939, §22.1201.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20 - Poisons › Section 34-20-4 - Poison register for schedule A poisons--Contents of entries.

34-20-4. Poison register for schedule A poisons--Contents of entries.
No person shall furnish any poison named in schedule A to any person unknown to him, unless identified by one known to the seller, and unless he shall record in a well-bound book known as a poison register in the following form:
Date of Sale
Name of Poison or Preparation
Quantity
Purpose
Signature of Buyer or Person to Whom Delivered
Address
By Whom Introduced
By Whom Sold
the date of such sale, and the initials of the dispenser, the signature and address of the person to whom delivered, and the name of the person, if any, who introduced him, the name and quantity of the poison sold or furnished, and the purpose for which same is to be used.
Source:
SL 1893, ch 132, §12; SL 1897, ch 103, §2; RPolC 1903, §280; RC 1919, §7844; SL 1929, ch 124, §1; SL 1935, ch 114, §1; SDC 1939, §22.1201.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20 - Poisons › Section 34-20-5 - Sales entered in poison register--Understanding of poisonous nature--Purpose of use--Sales to minors restricted.

34-20-5. Sales entered in poison register--Understanding of poisonous nature--Purpose of use--Sales to minors restricted.
No poison shall be delivered to any person until such person shall have entered his name in the seller's poison register, and until the seller shall have satisfied himself that the purchaser understands the poisonous nature of the article and that such poison is to be used for legitimate purposes; nor shall any poison be delivered to any minor under sixteen years of age except upon written order of an adult known to the seller.
Source:
SL 1929, ch 124, §1; SL 1935, ch 114, §1; SDC 1939, §22.1201.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20 - Poisons › Section 34-20-6 - Prescription sales exempt from labeling and registration requirements.

34-20-6. Prescription sales exempt from labeling and registration requirements.
The provisions of §§34-20-1 to 34-20-5, inclusive, as to labeling and registration of sales of poisons shall not apply to the sale of such by registered pharmacists upon the prescriptions of duly licensed, practicing physicians, dentists, or veterinary surgeons.
Source:
SL 1929, ch 124, §2; SDC 1939, §22.1202.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20 - Poisons › Section 34-20-14 - Sale of misbranded rodenticides and insecticides as misdemeanor--Statements constituting misbranding.

34-20-14. Sale of misbranded rodenticides and insecticides as misdemeanor--Statements constituting misbranding.
It is a Class 2 misdemeanor for any person, firm, or corporation to sell, offer, expose, or keep in possession for sale or delivery in this state any mouse, rat, gopher, rodent, insect, or other poison or preparation intended for use in destroying the life of lower animals, which is misbranded. Such poisons or preparations shall be misbranded, for the purposes of this section, if the package or label shall bear any statement, design, or device regarding such substance, or the ingredients contained therein, which shall be false, deceptive, or misleading in any particular, either as to the substance itself or as to any property of the substance; or if it shall fail to bear the name and address of the manufacturer or distributor of such poison or preparation.
Source:
SL 1935, ch 114, §2; SDC 1939, §22.1203; SL 1977, ch 190, §43.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20 - Poisons › Section 34-20-15 - Rodenticides and insecticides misbranded if not labeled as poison.

34-20-15. Rodenticides and insecticides misbranded if not labeled as poison.
Any mouse, rat, gopher, rodent, insect, or other poison or preparation intended for use in destroying the life of lower animals which is also poisonous to human beings shall be considered misbranded also if the label or package shall fail to bear the word, poison, in capital letters not less than one-fourth inch in height printed in red ink, together with the figure of the skull and crossbones.
Source:
SL 1935, ch 114, §2; SDC 1939, §22.1203.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20 - Poisons › Section 34-20-16 - Federal rodent control program not impaired.

34-20-16. Federal rodent control program not impaired.
Nothing in this chapter shall be construed to interfere with or prevent the preparation, sale and distribution of poisons, poisoned grains or baits by the district leader in rodent control for the United States Department of the Interior, Fish and Wildlife Service, when the same are intended for use in the control of rodents, nor prevent the preparation or distribution of poisoned grain or bait by or under the supervision of the board of county commissioners of any county in the state, acting upon the advice and with the co-operation of a person engaged in rodent control work under the Fish and Wildlife Service of the United States Department of the Interior.
Source:
SL 1929, ch 124, §5; SL 1933, ch 162; SDC 1939, §22.1204; SL 1951, ch 106; SL 1964, ch 74.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20 - Poisons › Section 34-20-23 - Intentional poisoning of food, drug, or water supply as felony.

34-20-23. Intentional poisoning of food, drug, or water supply as felony.
Every person who intentionally mingles any poison with any food, drink, or medicine with intent that the same shall be taken by any human being to his injury, and every person who intentionally poisons any spring, well, or reservoir of water, is guilty of a Class 4 felony.
Source:
PenC 1877, §406; CL 1887, §6607; RPenC 1903, §416; RC 1919, §4124; SDC 1939, §13.1503; SL 1977, ch 190, §50.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20 - Poisons › Section 34-20-24 - Laying out of poison in specified places as misdemeanor.

34-20-24. Laying out of poison in specified places as misdemeanor.
Every person who shall lay out strychnine or other poison within the limits of any municipality, or within one mile of any dwelling house, or any barn, stable, or outbuilding used at the time for the keeping or shelter of horses, cattle, sheep, or swine, or within one-half mile of any traveled highway, is guilty of a Class 1 misdemeanor, except as provided by §§34-20-25 to 34-20-28, inclusive.
Source:
PenC 1877, §450; CL 1887, §6651; RPenC 1903, §464; RC 1919, §3977; SL 1921, ch 328; SL 1937, ch 191; SDC 1939, §13.1502; SL 1977, ch 190, §51; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20 - Poisons › Section 34-20-25 - Landowner permitted to lay out poison for rodents, magpies, and insects.

34-20-25. Landowner permitted to lay out poison for rodents, magpies, and insects.
Section 34-20-24 shall not apply to the laying out of poison for the control of ground squirrels, pocket gophers, mice, prairie dogs, rabbits, and other food, crop, and tree destroying rodents or magpies and insects by a landowner or a lessee on his own land or land controlled by him.
Source:
PenC 1877, §450; CL 1887, §6651; RPenC 1903, §464; RC 1919, §3977; SL 1921, ch 328; SL 1937, ch 191; SDC 1939, §13.1502.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20 - Poisons › Section 34-20-26 - Federal program for rodent, magpie, and insect control unimpaired.

34-20-26. Federal program for rodent, magpie, and insect control unimpaired.
Nothing in §34-20-24 shall be construed to prohibit or interfere with the Fish and Wildlife Service of the United States Department of the Interior from laying out poison for the control of ground squirrels, pocket gophers, mice, prairie dogs, rabbits, and other food, crop, and tree destroying rodents or magpies.
Nothing in §34-20-24 shall be construed to prohibit or interfere with departments of the State of South Dakota, boards of county commissioners, officers of organized townships, and incorporated municipalities from laying out poison for the control of the above named rodents and magpies and insects when co-operating with and acting on the advice of said Fish and Wildlife Service of the United States Department of the Interior.
Source:
SL 1937, ch 191; SDC 1939, §13.1502.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20 - Poisons › Section 34-20-27 - County application for federal assistance in rodent control.

34-20-27. County application for federal assistance in rodent control.
Application for the services of the Fish and Wildlife Service in the eradication of rodents enumerated in §34-20-26 shall be made by the board of county commissioners of the respective counties, which board shall advise in the naming of the persons selected to lay out such poison.
Source:
SL 1937, ch 191; SDC 1939, §13.1502.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20 - Poisons › Section 34-20-28 - State predatory animal control program unimpaired.

34-20-28. State predatory animal control program unimpaired.
Section 34-20-24 shall not apply to the laying out of poison by the Department of Game, Fish and Parks, its employees or agents or persons or forces cooperating with or under the direction of said department for the extermination of predatory animals.
Source:
SL 1921, ch 328; SL 1937, ch 191; SDC 1939, §13.1502; SL 1971, ch 205.