reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 14 - Medical Research › Section 34-14-3 - Disclosure of information from medical study as misdemeanor.

34-14-3. Disclosure of information from medical study as misdemeanor.
It is a Class 1 misdemeanor to disclose any information, records, reports, statements, notes, memoranda, or other data obtained for or contained in any medical study for the purpose of reducing morbidity or mortality, except that necessary for the purpose of the specific study.
Source:
SL 1959, ch 134, §§5, 6; SDC Supp 1960, §§27.9960, 27.9961; SDCL, §34-14-2; SL 1977, ch 190, §22.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 14 - Medical Research › Section 34-14-4 - Immunity from liability for furnishing information to research agencies.

34-14-4. Immunity from liability for furnishing information to research agencies.
The furnishing of information described in §34-14-1 in the course of a research project to the Department of Health, South Dakota State Medical Association, or allied medical societies or their authorized representatives, shall not subject any person, hospital, sanitarium, nursing, or rest home or any such agency to any action for damages or other relief.
Source:
SL 1959, ch 134, §3; SDC Supp 1960, §27.0117.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 14 - Medical Research › Section 34-14-5 - Physician's consent required for research interviews.

34-14-5. Physician's consent required for research interviews.
No patient, or patient's relatives, or patient's friends named in any medical study, shall be interviewed for the purpose of such study unless consent of the attending physician and surgeon is first obtained.
Source:
SL 1959, ch 134, §4; SDC Supp 1960, §27.0117.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 14 - Medical Research › Section 34-14-6 - Legislative findings as to use of animals in research.

34-14-6. Legislative findings as to use of animals in research.
The public health and welfare depend on the humane use of animals for the diagnosis and treatment of human and animal diseases, the advancement of veterinary, dental, medical, and biological sciences, and the testing and diagnosis, improvement, and standardization of laboratory specimens, biologic products, pharmaceuticals, and drugs.
Source:
SL 1951, ch 136, §1; SDC Supp 1960, §27.2601.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 14 - Medical Research › Section 34-14-16 - Research that destroys human embryo prohibited--Violation as misdemeanor.

34-14-16. Research that destroys human embryo prohibited--Violation as misdemeanor.
No person may knowingly conduct nontherapeutic research that destroys a human embryo. A violation of this section is a Class 1 misdemeanor.
Source:
SL 2000, ch 169, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 14 - Medical Research › Section 34-14-17 - Research subjecting human embryo to substantial risk prohibited--Sale or transfer of embryos for research prohibited--Violation as misdemeanor.

34-14-17. Research subjecting human embryo to substantial risk prohibited--Sale or transfer of embryos for research prohibited--Violation as misdemeanor.
No person may knowingly conduct nontherapeutic research that subjects a human embryo to substantial risk of injury or death. No person may sell or transfer a human embryo with the knowledge that the embryo will be subjected to nontherapeutic research. A violation of this section is a Class 1 misdemeanor.
Source:
SL 2000, ch 169, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 14 - Medical Research › Section 34-14-18 - Use of cells or tissues obtained in violation of § 34-14-16 or 34-14-17 prohibited.

34-14-18. Use of cells or tissues obtained in violation of §34-14-16 or 34-14-17 prohibited.
No person may use for research purposes cells or tissues that the person knows were obtained by performing the activities described in §§34-14-16 and 34-14-17. A violation of this section is a Class 1 misdemeanor.
Source:
SL 2000, ch 169, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 14 - Medical Research › Section 34-14-19 - "Nontherapeutic research" defined.

34-14-19."Nontherapeutic research" defined.
For purposes of §§34-14-16 to 34-14-20, inclusive, the term, nontherapeutic research, means research that is not intended to help preserve the life and health of the particular embryo subjected to risk. It does not include in vitro fertilization and accompanying embryo transfer to a woman's body or any diagnostic test which may assist in the future care of a child subjected to such tests.
Source:
SL 2000, ch 169, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 14 - Medical Research › Section 34-14-20 - "Human embryo" defined.

34-14-20."Human embryo" defined.
For purposes of §§34-14-16 to 34-14-20, inclusive, the term, human embryo, means a living organism of the species Homo sapiens at the earliest stages of development (including the single-celled stage) that is not located in a woman's body.
Source:
SL 2000, ch 169, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 14 - Medical Research › Section 34-14-21 - Definition of terms used in §§ 34-14-21 to 34-14-24.

34-14-21. Definition of terms used in §§34-14-21 to 34-14-24.
Terms used in §§34-14-21 to 34-14-24, inclusive, mean:
(1)"Genetic information," information derived from a genetic test about a gene, gene product, or inherited characteristic;
(2)"Genetic test," a test of human DNA, RNA, chromosomes, or genes performed in order to identify the presence or absence of an inherited variation, alteration, or mutation which is associated with predisposition to disease, illness, impairment, or other disorder. Genetic test does not mean a routine physical measurement; a chemical, blood, or urine analysis; a test for drugs or HIV infection; any test commonly accepted in clinical practice; or any test performed due to the presence of signs, symptoms, or other manifestations of a disease, illness, impairment, or other disorder;
(3)"Predictive genetic test," a genetic test performed for the purpose of predicting the future probability that the person tested will develop a genetically related disease or disability.
Source:
SL 2001, ch 184, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 14 - Medical Research › Section 34-14-22 - Informed consent required prior to predictive genetic testing--Minimum requirements of written, informed consent.

34-14-22. Informed consent required prior to predictive genetic testing--Minimum requirements of written, informed consent.
No person may order or perform a predictive genetic test without first obtaining the written, informed consent of the person to be tested. For purposes of this section, written, informed consent consists of a signed writing executed by the person to be tested or the legally authorized representative of the person to be tested that includes, at a minimum, all of the following:
(1)The nature and purpose of the predictive genetic test;
(2)The effectiveness and limitations of the predictive genetic test;
(3)The implications of taking the predictive genetic test, including, the medical risks and benefits;
(4)The future uses of the sample taken from the person tested in order to conduct the predictive genetic test and the information obtained from the predictive genetic test;
(5)The meaning of the predictive genetic test results and the procedure for providing notice of the results to the person tested; and
(6)A listing of who will have access to the sample taken from the person tested in order to conduct the predictive genetic test and the information obtained from the predictive genetic test, and the person's right to confidential treatment of the sample and the information.
Source:
SL 2001, ch 184, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 14 - Medical Research › Section 34-14-23 - Person to be tested to receive copy of signed consent form--Original signed form to be filed in medical records.

34-14-23. Person to be tested to receive copy of signed consent form--Original signed form to be filed in medical records.
If a person to be tested or the person's legally authorized representative signs a copy of the informed consent form developed pursuant to §34-14-22, the person obtaining the informed consent shall give the person to be tested a copy of the signed informed consent form and shall include the original signed informed consent form in the medical record of the person tested.
Source:
SL 2001, ch 184, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 14 - Medical Research › Section 34-14-24 - Tests performed in pursuance of criminal investigation or court order not affected.

34-14-24. Tests performed in pursuance of criminal investigation or court order not affected.
Nothing in §§34-14-21 to 34-14-24, inclusive, or §34-14-25, alters the ability to perform genetic tests done in pursuance of a lawful criminal investigation or court order.
Source:
SL 2001, ch 184, §4; SL 2002, ch 166, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 14 - Medical Research › Section 34-14-25 - Genetic testing to be performed by accredited laboratory enrolled in proficiency testing program--State health laboratory not affected.

34-14-25. Genetic testing to be performed by accredited laboratory enrolled in proficiency testing program--State health laboratory not affected.
If a genetic test, as defined in §34-14-21, is required or authorized by state law, or performed in the state, the test shall be performed in a laboratory accredited by the College of American Pathologists, the Joint Commission on Accreditation of Healthcare Organizations, or any accreditation body approved by the United States Secretary of Health and Human Services and which has requirements that are substantially equivalent to, or more comprehensive than, those of the College of American Pathologists. In addition, the laboratory shall be enrolled in a proficiency testing program sponsored by an organization approved by the Centers for Medicare and Medicaid Services. Nothing in this section alters the ability of the state health laboratory to perform genetic tests.
Source:
SL 2002, ch 166, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 14 - Medical Research › Section 34-14-26 - Definition of terms.

34-14-26. Definition of terms.
Terms used in §§34-14-26 to 34-14-28, inclusive, mean:
(1)"Human cloning," human asexual reproduction accomplished by introducing the nuclear material of a human somatic cell into a fertilized or unfertilized oocyte whose nucleus has been removed or inactivated to produce a living organism, at any stage of development, with a human or predominantly human genetic constitution;
(2)"Human somatic cell," a diploid cell, having a complete set of chromosomes, obtained or derived from a living or deceased human body at any stage of development;
(3)"Nuclear transplantation," transferring the nucleus of a human somatic cell into an oocyte from which the nucleus or all chromosomes have been or will be removed or rendered inert;
(4)"Nucleus," the cell structure that houses the chromosomes, and thus the genes;
(5)"Oocyte," the female germ cell, the egg.
Source:
SL 2004, ch 227, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 14 - Medical Research › Section 34-14-27 - Human cloning as felony--Civil penalty.

34-14-27. Human cloning as felony--Civil penalty.
No person or entity, public or private, may:
(1)Perform or attempt to perform human cloning;
(2)Participate in an attempt to perform human cloning;
(3)Transfer or receive the product of human cloning; or
(4)Transfer or receive, in whole or in part, any oocyte, embryo, fetus, or human somatic cell, for the purpose of human cloning.
Any person that knowingly or recklessly violates this section is guilty of a Class 6 felony. Any person or entity that violates this section and derives a pecuniary gain from such violation is subject to a civil penalty of two thousand dollars or twice the amount of gross gain, or any intermediate amount at the discretion of the court.
Source:
SL 2004, ch 227, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 14 - Medical Research › Section 34-14-28 - Scientific research not restricted if not prohibited.

34-14-28. Scientific research not restricted if not prohibited.
Nothing in §§34-14-26 to 34-14-28, inclusive, restricts areas of scientific research not specifically prohibited by §§34-14-26 to 34-14-28, inclusive, including research in the use of nuclear transfer or other cloning techniques to produce molecules, deoxyribonucleic acid, cells other than human embryos, tissues, organs, plants, or animals other than humans.
Source:
SL 2004, ch 227, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 16 - Nuisances And Health Hazards › Section 34-16-1 - Act endangering public health as misdemeanor.

34-16-1. Act endangering public health as misdemeanor.
Every person who intentionally commits any act which grossly endangers the public health is guilty of a Class 1 misdemeanor.
Source:
PenC 1877, §742; CL 1887, §6934; RPenC 1903, §768; RC 1919, §4381; SDC 1939, §13.1501; SL 1977, ch 190, §27.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 16 - Nuisances And Health Hazards › Section 34-16-2 - Release of disease germs as felony.

34-16-2. Release of disease germs as felony.
Any person who releases or spreads any disease germs intending thereby to accomplish the infection of one or more persons or domestic animals is guilty of a Class 2 felony.
Source:
SL 1923, ch 160; SDC 1939, §13.1504; SL 1977, ch 190, §28; SL 2006, ch 130, §14.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 16 - Nuisances And Health Hazards › Section 34-16-5 - Access of health officers to places where source of disease suspected.

34-16-5. Access of health officers to places where source of disease suspected.
All members, officers, and employees of the state department and local boards of health shall have the right to enter any building, conveyance, or place where contagion, infection, filth, or other source or cause of preventable disease exists or is reasonably suspected to exist.
Source:
SL 1913, ch 110; RC 1919, §7683; SDC 1939, §27.1807.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 16 - Nuisances And Health Hazards › Section 34-16-14 - County responsibility for dead animals in unorganized territory.

34-16-14. County responsibility for dead animals in unorganized territory.
In any county not wholly organized into civil townships the superintendent of the county board of health shall perform all of the duties of the township supervisor within such unorganized territory in respect to dead, putrid, or decaying bodies of any animals, and all expenses incurred in connection with the burning or burial of such animals or the giving of notice shall be paid by the county, and the owner of such animal and the person in charge thereof shall become liable therefor to the county.
Source:
SL 1903, ch 11, §4; RC 1919, §7687; SL 1925, ch 121, §4; SDC 1939, §27.2504.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 16 - Nuisances And Health Hazards › Section 34-16-15 - County disposal of dead animal on failure of township to act--Liability for expense.

34-16-15. County disposal of dead animal on failure of township to act--Liability for expense.
If the owner of a dead animal or the township supervisor fails to act as provided in § 34-16-17 within two days after the knowledge of the fact that the dead animal exists, the superintendent of the county board of health shall forthwith cause the body of the dead animal to be burned or buried, and the expense of the same shall be paid by the county. The amount of the expenses paid by the county constitutes a lien against the township in which the animal was found. The township shall pay the expenses and the township shall in turn recover the expenses from the owner or person in charge of the dead animal.
Source:
SL 1903, ch 11, §6; RC 1919, §7689; SL 1925, ch 121, §6; SDC 1939, §27.2505; SL 2021, ch 175, § 3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 16 - Nuisances And Health Hazards › Section 34-16-16 - Action by county to recover expense of disposal of dead animal.

34-16-16. Action by county to recover expense of disposal of dead animal.
Whenever any such dead body shall be buried or burned by order of the superintendent of the county board of health, such superintendent shall at once inform the state's attorney of the fact of such burning or burial, and the costs and expenses of the same and the giving of notice, together with the names of the owner and person in charge if known, and the state's attorney shall by civil action in the proper court collect the amount of such costs and expenses from the township in which said animal was found. Where such dead animal is found in territory not within the limits of any organized township, it shall be the duty of the state's attorney to forthwith proceed against the owner, and the person having charge of such animal as herein provided.
Source:
SL 1925, ch 121, §7; SL 1931, ch 210, §3; SDC 1939, §27.2507.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 16 - Nuisances And Health Hazards › Section 34-16-17 - Failure to dispose of dead animal as petty offense.

34-16-17. Failure to dispose of dead animal as petty offense.
Whenever the owner and the person in charge of any unburied dead animal shall fail to burn or bury or cause the same to be burned or buried, or otherwise dispose of such body or cause the same to be buried in accordance with laws, rules, and regulations as required by §§34-16-14 to 34-16-16, inclusive, he shall have committed a petty offense for each dead body so left unburned or unburied or otherwise disposed of.
Source:
SL 1903, ch 11, §7; RC 1919, §7690; SL 1925, ch 121, §7; SL 1931, ch 210, §3; SDC 1939, §27.9941; SL 1977, ch 190, §29.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 16 - Nuisances And Health Hazards › Section 34-16-18 - Remedies against nuisances and interference with private rights unimpaired.

34-16-18. Remedies against nuisances and interference with private rights unimpaired.
Nothing contained in this chapter shall be so construed as to affect the powers of the courts to administer the usual legal and equitable remedies in case of nuisances or of improper interference with private rights.
Source:
SL 1913, ch 109, §7; RC 1919, §7670; SDC 1939, §27.0108.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 16 - Nuisances And Health Hazards › Section 34-16-19 - Notice to owner of nuisance.

34-16-19. Notice to owner of nuisance.
If any nuisance, source of filth, cause of sickness or condition which endangers the public health is found on any property, the county health officer shall, by written notice served personally or by mail upon the property owner, describe the nuisance or condition found to exist and any corrective action to be taken by the owner of the property. The written notice shall inform the owner of the property that he shall either take the stated corrective action or file a written request for hearing before the board of county commissioners for the county in which the property is located within thirty days from the date of service of the notice. The notice shall further state that if the owner fails to comply with the requirements of the notice, the county health officer shall proceed to have the nuisance or condition complained of abated or removed at the expense of the property owner.
Source:
SL 1986, ch 279, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 16 - Nuisances And Health Hazards › Section 34-16-20 - Failure to comply with notice--Removal of nuisance--Cost.

34-16-20. Failure to comply with notice--Removal of nuisance--Cost.
If an owner of property fails to comply with the requirements of a notice served pursuant to §34-16-19, the county health officer shall proceed to have the nuisance, source of filth, cause of sickness or condition which endangers the public health removed from the property or abated and report the cost of the removal or abatement to the county auditor. The cost of such removal or abatement shall be assessed and charged against the property on which the nuisance or condition was located in the manner that other taxes are collected.
Source:
SL 1986, ch 279, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 16 - Nuisances And Health Hazards › Section 34-16-21 - Hearing--Time--Issuance of order--Appeal.

34-16-21. Hearing--Time--Issuance of order--Appeal.
Any hearing before the board of county commissioners requested pursuant to §34-16-19 shall be held during an open session of the board of county commissioners and shall be held no later than forty-five days after filing of the request for hearing. Following hearing, the board of county commissioners shall issue an appropriate order, including a statement of any corrective action which the board deems necessary. A decision of the board may be appealed to the circuit court in accordance with the provisions of chapter 7-8.
Source:
SL 1986, ch 279, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 16 - Nuisances And Health Hazards › Section 34-16-22 - County board of health--Composition.

34-16-22. County board of health--Composition.
Each county may establish a county board of health which shall be composed of the state's attorney of the county, who shall be president of the board; a physician, a physician assistant, or certified nurse practitioner who practices in the county, appointed by the Department of Health, who shall serve as superintendent of the board of health; and one other resident of the county.
Source:
SL 2002, ch 168, §6; SL 2017, ch 171, §50.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 16 - Nuisances And Health Hazards › Section 34-16-23 - Meetings of county board.

34-16-23. Meetings of county board.
The county board of health shall meet at the county seat at such times as the superintendent may designate. The president of the county board of health shall preside at the meetings.
Source:
SL 2002, ch 168, §7.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 16 - Nuisances And Health Hazards › Section 34-16-24 - Supervision of public health matters by superintendent--Action without board in event of immediate danger.

34-16-24. Supervision of public health matters by superintendent--Action without board in event of immediate danger.
The superintendent of the county board of health shall have charge of and superintend, subject to the approval of the board, all the matters and things specified in this chapter. In case of immediate danger to the health of persons, the superintendent may act without consultation with the county board, for the prevention of such danger, and shall immediately report the action to the president of the county board and to the secretary of health.
Source:
SL 2002, ch 168, §8.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 16 - Nuisances And Health Hazards › Section 34-16-25 - Removal of putrid substances by county board.

34-16-25. Removal of putrid substances by county board.
The county board of health, within the territorial limits of its county not included in any first or second class municipality having its own board of health, may remove or cause to be removed any dead, decaying, or putrid body, or any decayed, putrid, or other substance that may endanger the health of persons or domestic animals.
Source:
SL 2002, ch 168, §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 34-18-2 - Secretary responsible for safety and sanitation requirements--Bond not required--Additional compensation not provided.

34-18-2. Secretary responsible for safety and sanitation requirements--Bond not required--Additional compensation not provided.
The secretary of health shall be responsible for carrying out the provisions of this chapter and all other statutes relating to the safety and sanitation of lodging establishments, campgrounds, food service establishments, temporary food service establishments, and mobile food service establishments as defined in this chapter. The secretary shall not be required to give bond, nor shall he receive any additional compensation for such services.
Source:
SL 1907, ch 165, §§8 to 10; SL 1909, ch 185, §§7, 9, 10; SL 1913, ch 238, §§1, 7; SL 1915, ch 215, §§1, 7; RC 1919, §§7821, 7827; SL 1921, ch 256, §5; SL 1935, ch 173, §4; SDC 1939, §§27.1701, 27.1708; SL 1963, ch 158, §1; SL 1970, ch 199, §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 34-18-6 - Agreements between secretary of health and other agencies.

34-18-6. Agreements between secretary of health and other agencies.
The secretary of health may enter into mutual agreements with other public and private agencies in order to promote the mutual effectiveness of both agencies in the area of public health and safety and to prevent duplication of effort in the promotion of an efficient public health program.
Source:
SL 1963, ch 158, §20; SL 1997, ch 201, §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 34-18-7 - Employment of personnel by secretary--Local health departments as enforcement agents.

34-18-7. Employment of personnel by secretary--Local health departments as enforcement agents.
The secretary of health shall employ such personnel as are necessary to perform the duties of this chapter. Any county or district health department or municipal health department organized under existing laws may be designated as an agent of the secretary for the purpose of administering the provisions of this chapter and rules and regulations of the department.
Source:
SL 1963, ch 158, §6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-8 - Deposit and accounting for money received.

34-18-8. Deposit and accounting for money received.
All money received by the secretary in the administration of this chapter shall be receipted and accounted for by the State Health Department and all money so collected shall be deposited monthly with the state treasurer to the credit of the state general fund. If any local health department has been designated as an agent of the secretary as provided by §34-18-7, and the local health department actually carries out the duties agreed to with the secretary, then all such money received by the secretary from establishments within the boundaries of the local health department shall be returned to that health department.
Source:
SDC 1939, §27.1726; SL 1963, ch 158, §18; SL 1970, ch 200; SL 1996, ch 212.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-9 - License required to operate lodging or food service establishment or campground--Posting in conspicuous place.

34-18-9. License required to operate lodging or food service establishment or campground--Posting in conspicuous place.
It is a Class 2 misdemeanor to maintain, conduct or operate a lodging establishment, campground or food service establishment in this state unless a valid license, issued by the department, is in the possession of the owner and posted in a conspicuous place in such establishment or campground.
Source:
SL 1909, ch 185, §8; SL 1913, ch 238, §5; SL 1915, ch 215, §5; RC 1919, §7825; SL 1921, ch 241; SL 1929, ch 212, §2; SL 1935, ch 173, §2; SDC 1939, §27.1706; SL 1941, ch 127, §1; SL 1955, ch 94, §2; SL 1963, ch 158, §7; SL 1967, ch 106, §1; SL 1970, ch 199, §3; SL 1977, ch 190, §40.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-9.1 - Definition of terms related to bed and breakfast establishments.

34-18-9.1. Definition of terms related to bed and breakfast establishments.
Terms as used in §§34-18-9.1 to 34-18-9.4, inclusive, mean:
(1)"Bed and breakfast establishment," any building or buildings run by an operator which is used to provide accommodations for a charge to the public, with at most five rental units for up to an average of ten guests per night and in which family style meals are provided;
(2)"Family style meal," any meal ordered by persons staying at a bed and breakfast establishment which is served from common food service containers, as long as any food not consumed by those persons is not reused;
(3)"Operator," the owner or the owner's agent, who is required to reside in the bed and breakfast establishment or on contiguous property.
Source:
SL 1986, ch 280, §3; SL 1996, ch 213, §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 34-18-9.2 - Exemption for bed and breakfast establishment.

34-18-9.2. Exemption for bed and breakfast establishment.
No bed and breakfast establishment as defined in §34-18-9.1 is subject to be licensed under the provisions of this chapter.
Source:
SL 1986, ch 280, §2; SL 1996, ch 213, §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 34-18-9.3 - Registration of bed and breakfast establishment--Fee--Investigation of complaints.

34-18-9.3. Registration of bed and breakfast establishment--Fee--Investigation of complaints.
Any bed and breakfast establishment operating in this state shall register with the Department of Health. A one-time registration fee of thirty-eight dollars is required before a bed and breakfast establishment may be operated. The fee shall be placed in the Department of Health fee account. Any change in ownership or location of the bed and breakfast establishment requires a new registration on a form provided by the department. The form shall be submitted to the department along with payment of a thirty-eight dollar registration fee. The department may investigate any complaint made against any bed and breakfast establishment.
Source:
SL 1986, ch 280, §4; SL 1996, ch 213, §4; SL 2009, ch 165, §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 34-18-9.4 - Bed and breakfast establishment to maintain guest list and smoke detectors--Violation as misdemeanor.

34-18-9.4. Bed and breakfast establishment to maintain guest list and smoke detectors--Violation as misdemeanor.
Any bed and breakfast establishment shall maintain a guest list and shall place a smoke detector in each sleeping room with a minimum of at least one smoke detector per floor. Any violation of this section is a Class 2 misdemeanor.
Source:
SL 1986, ch 280, §5; SL 1996, ch 213, §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 34-18-10 - Annual license required--Contents of application.

34-18-10. Annual license required--Contents of application.
Every owner of a lodging establishment, campground, food service, or mobile food service establishment shall annually secure a license on or before the first day of the license renewal period or before beginning the operation of the establishment or campground after making proper application on a form provided by the department, accompanied by the proper license fee. The initial application form shall be verified under oath and shall contain the following:
(1)The name and address of the establishment or campground and previous name, if changed due to a change in ownership;
(2)The name, address, and telephone number of the owner and operator of the establishment or campground;
(3)A specification of the type of license applied for;
(4)If for a lodging establishment license, a description of the size of the establishment and whether it has a water recreational facility;
(5)If for a campground license, a description of the size and type of the campground and whether it has a water recreational facility;
(6)If for a food service or mobile food service establishment license, a description of the size of the establishment;
(7)A license fee schedule; and
(8)A certification of consent to allow inspections of the establishment or campground by authorized department inspectors during business hours upon the presentation of identification.
Source:
SDC 1939, §27.1706; SL 1941, ch 127, §1; SL 1955, ch 94, §2; SL 1963, ch 158, §7; SL 1967, ch 106, §1; SL 1970, ch 199, §4; SL 1986, ch 281, §1; SL 1995, ch 194, §1; SL 2009, ch 165, §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 34-18-10.1 - Review of application--Issuance or refusal to issue license--Reasons for denial--Contest of denial.

34-18-10.1. Review of application--Issuance or refusal to issue license--Reasons for denial--Contest of denial.
The department shall, in the case of every application for licensure, review and ascertain whether the facts set forth in the application are true. The department shall issue a license to the applicant when it is satisfied that the facts set forth in the application are true. The department may refuse to issue a license upon any of the grounds stated in §34-18-27.1. Upon denial, the department shall advise the applicant of the reasons for denial. The applicant may contest the denial pursuant to chapter 1-26.
Source:
SL 1986, ch 281, §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 34-18-10.2 - Notice--Closure order on failure to secure license--Injunctive relief.

34-18-10.2. Notice--Closure order on failure to secure license--Injunctive relief.
If it is determined that a lodging establishment, campground, food service, or mobile food service establishment has not secured a license pursuant to §34-18-10, the secretary shall notify the owner of such establishment. If the owner refuses or fails to comply with the provisions of §34-18-10 within fourteen calendar days after notification, the secretary shall, subject to the requirements of chapter 1-26, issue a closure order to the owner of the establishment until such time as the owner complies with the licensure requirements. If the establishment or campground continues to operate after a closure order is issued, the secretary may refer the matter to the appropriate state's attorney for criminal proceedings or the attorney general's office for injunctive relief.
Source:
SL 1988, ch 279, §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 34-18-10.3 - Verification requirement for annual renewal of license.

34-18-10.3. Verification requirement for annual renewal of license.
Unless there has been a change in the information or consent provided in the initial or any subsequent license application provided for in §34-18-10, an application for annual renewal of the license does not have to be verified under oath.
Source:
SL 1995, ch 194, §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 34-18-10.4 - Initial license fee for food service establishment, lodging establishment, and campground.

34-18-10.4. Initial license fee for food service establishment, lodging establishment, and campground.
A one-time initial license fee of one hundred dollars shall be charged to any new food service establishment, lodging establishment, or campground upon initial licensure.
Source:
SL 2009, ch 165, §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 34-18-11 - Annual fees for food service and lodging establishment licenses.

34-18-11. Annual fees for food service and lodging establishment licenses.
The annual license fee for a food service establishment or a lodging establishment shall be as follows:
(1)Food service establishment with no seating, ninety dollars;
(2)Food service establishment with one to fifty seats, inclusive, one hundred twenty dollars;
(3)Food service establishment with fifty-one to one hundred seats, inclusive, one hundred eighty dollars;
(4)Food service establishment with one hundred one or more seats, two hundred twenty-five dollars;
(5)Vacation home establishment, forty-five dollars;
(6)Specialty resort, forty-five dollars; and
(7)Hotel, two dollars and twenty-five cents per unit, with a minimum of forty-five dollars.
Source:
SL 1913, ch 238, §6; SL 1915, ch 215, §6; RC 1919, §7826; SL 1921, ch 256, §4; SL 1935, ch 173, §3; SDC 1939, §27.1707; SL 1941, ch 127, §2; SL 1955, ch 94, §3; SL 1963, ch 158, §7; SL 1967, ch 106, §1; SL 1980, ch 238, §7; SL 2009, ch 165, §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 34-18-11.1 - Annual campground license fee.

34-18-11.1. Annual campground license fee.
The annual license fee for a campground is:
(1)Two to twenty-five campsites, inclusive, seventy-five dollars;
(2)Twenty-six to one hundred campsites, inclusive, one hundred thirteen dollars;
(3)One hundred one to two hundred campsites, inclusive, one hundred fifty dollars;
(4)Two hundred one to three hundred campsites, inclusive, one hundred eighty-eight dollars; and
(5)Three hundred one or more campsites, two hundred twenty-five dollars.
Source:
SL 1970, ch 199, §5; SL 1980, ch 238, §8; SL 2009, ch 165, §6; SL 2014, ch 164, §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 34-18-11.2 - Annual fees for water recreational facilities.

34-18-11.2. Annual fees for water recreational facilities.
Each facility licensed pursuant to this chapter with one water recreational facility shall be charged an annual fee of forty dollars. Each facility licensed pursuant to this chapter with more than one water recreational facility shall be charged an annual fee of sixty-five dollars.
Source:
SL 2009, ch 165, §11.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-13 - Prorated license fee for less than full year.

34-18-13. Prorated license fee for less than full year.
A prorated license fee shall be charged for each new lodging establishment, campground, and food service establishment beginning operations after the first day of the license renewal period and for changes in ownership and location of any existing establishment and campground after the first day of the license renewal period. To implement this section, the department may promulgate rules pursuant to chapter 1-26.
Source:
SL 1963, ch 158, §8; SL 1970, ch 199, §7; SL 1988, ch 279, §2; SL 2009, ch 165, §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 34-18-14 - Issuance of license when establishment in compliance.

34-18-14. Issuance of license when establishment in compliance.
After having received a properly completed application form and the correct license fee and after satisfying himself that the establishment or campground is in compliance with the provisions of this chapter and the rules and regulations of the department, the secretary of health shall issue a license to such establishment or campground.
Source:
SL 1907, ch 165, §11; SL 1909, ch 185, §11; SL 1913, ch 238, §§2, 6; SL 1921, ch 256, §4; SL 1935, ch 173, §3; SDC 1939, §27.1707; SL 1941, ch 127, §2; SL 1955, ch 94, §3; SL 1963, ch 158, §§7, 8; SL 1967, ch 106, §1; SL 1970, ch 199, §8; SL 1988, ch 279, §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 34-18-14.1 - Issuance of provisional license.

34-18-14.1. Issuance of provisional license.
The department may issue a provisional license if an applicant or licensee under this chapter fails to comply with the established standards but signifies an intention to remedy such fault. The provisional license shall state on its face the conditions under which it is granted and the period of time for which it is issued. A provisional license may also be issued to cover the maintenance of the establishment or campground until an inspection can be completed and a regular license issued, if the application for license is found to be in order.
Source:
SL 2000, ch 167, §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 34-18-15 - Expiration of license--New license required on change in ownership or location.

34-18-15. Expiration of license--New license required on change in ownership or location.
A license issued pursuant to §34-18-14 shall expire on the thirtieth day of June each year, unless otherwise provided by this chapter, and is not transferable from owner to owner or from location to location of the establishment or campground. Changes in ownership or location shall require the purchase of a new license which may be secured by making proper application on a form provided by the department and the payment of the proper license fee.
Source:
SDC 1939 §27.1706; SL 1941, ch 127, §1; SL 1955, ch 94, §2; SL 1963, ch 158, §7; SL 1967, ch 106, §1; SL 1970, ch 199, §9; SL 2000, ch 167, §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 34-18-16 - Mobile food service license fee.

34-18-16. Mobile food service license fee.
The annual license fee for a mobile food service establishment shall be thirty-eight dollars.
Source:
SL 1963, ch 158, §11; SL 1972, ch 15, §3; SL 2009, ch 165, §8.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 18 - Health Regulation Of Lodging And Food Service Establishments And Campgrounds › Section 34-18-17 - Temporary food service license--Fee--Food service in connection with special promotions--Duration of license.

34-18-17. Temporary food service license--Fee--Food service in connection with special promotions--Duration of license.
Each owner of a temporary food service establishment shall secure a license before beginning the operation of the establishment after making proper application on a form provided by the department and accompanied by the proper license fee. The license fee for a temporary food service establishment shall be thirty-eight dollars. Any business which offers food at no cost or consideration not more than three times in any calendar year and no more than three consecutive days at any given time in conjunction with a grand opening, promotion, or special product showing is exempt from the licensing and license fee provisions of this chapter. Such exemption from the licensing and license fee provisions does not release the owner of the establishment from compliance with the public health requirements of this chapter and the rules promulgated pursuant to this chapter. If the secretary is satisfied that the temporary food service establishment is in compliance with this chapter and the rules promulgated pursuant to this chapter, the secretary shall issue a license for thirty days from the date of issuance.
Source:
SDC 1939, §27.1707 as enacted by SL 1941, ch 127, §2; SL 1955, ch 94, §3; SL 1963, ch 158, §9; SL 1972, ch 193; SL 2009, ch 165, §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 34-18-18 - Fairs and nonprofit organizations exempt from temporary food service license fee--Health requirements applicable.

34-18-18. Fairs and nonprofit organizations exempt from temporary food service license fee--Health requirements applicable.
Temporary food service establishments located on the state fairgrounds or on county fairgrounds of this state, operated in conjunction with these annual celebrations, and nonprofit organizations operating a temporary food service establishment shall be exempt from the license fee of this chapter. Such exemption from the license fee does not release the owner of such temporary food service establishment from compliance with the public health requirements of this chapter and the rules and regulations of the department.
Source:
SDC 1939, §27.1707 as enacted by SL 1941, ch 127, §2; SL 1955, ch 94, §3; SL 1963, ch 158, §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 34-18-19 - Closure order for temporary food service establishment--Operation after closure notice as violation--Refund of license fee.

34-18-19. Closure order for temporary food service establishment--Operation after closure notice as violation--Refund of license fee.
Should a temporary food service establishment licensed under §34-18-17 not be in compliance with the provisions of this chapter and the rules and regulations of the department and compliance is not considered feasible during the period of the celebration or public gathering where its operation is planned, it shall be the duty of the secretary of health, subject to the requirements of §1-26-29, to issue a closure order to the owner of such temporary food service establishment. Continued operation after notice of closure as rendered by the secretary shall be in direct violation of the licensing requirements of this chapter. Any license fees paid shall be refunded unless the temporary food service establishment has operated for more than one day. If the temporary food service establishment has operated for more than one day, the fee paid shall be forfeited by the owner of such temporary food service establishment.
Source:
SL 1963, ch 158, §9; 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 34-18-20 - Nonprofit organizations and alcoholic beverage licensees exempt--Health requirements applicable.

34-18-20. Nonprofit organizations and alcoholic beverage licensees exempt--Health requirements applicable.
Nonprofit organizations shall be exempt from the licensing and license fee provisions of this chapter. Establishments serving alcoholic beverages as defined in chapter 35-1 and who do not otherwise come within the definition of a food service establishment, temporary food service establishment, or mobile food service establishment shall be exempt from the licensing and license fee provisions of this chapter. Such exemption from the licensing and license fee provisions does not release the owner of such establishments from compliance with the public health requirements of this chapter and the rules and regulations of the department.
Source:
SL 1963, ch 158, §12.