reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:23 - Preventing contamination of packaged and unpackaged food

Current through Register Vol. 51, page 10, July 15, 2024
Packaged and unpackaged food must be protected from
				  cross-contamination by the following methods:
(1) Separating raw animal foods during
				storage, preparation, holding, and display from raw ready-to-eat food,
				including other raw animal food such as fish for sushi or molluscan shellfish;
				other raw ready-to-eat food, such as vegetables; and cooked ready-to-eat
				food;
(2) Separating types of raw
				animal foods from each other, such as beef, fish, lamb, pork, and poultry,
				during storage, preparation, holding, and display by any of the following
				methods:
(a) Using separate equipment for
				each type;
(b) Arranging raw animal
				products by cooking temperature, with those products requiring lower cooking
				temperatures at the top and those products requiring higher cooking
				temperatures at the bottom;
(c)
				Arranging each type of food in equipment so that cross-contamination of one
				type with another is prevented; or
(d) Preparing each type of food at different
				times or in separate areas;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:24 - Preventing contamination from equipment, utensils, and wiping cloths

Current through Register Vol. 51, page 10, July 15, 2024
Food must be protected from contamination by equipment,
				  utensils, and wiping cloths by the following methods:
(1) Preventing contact with probe-type price
				or identification tags;
(2)
				Preventing contact with surfaces of utensils and equipment that are not cleaned
				and sanitized;
(3) Ensuring in-use
				utensils are stored properly during pauses in food preparation or dispensing,
				as follows:
(a) Except as specified under
				subsection (b) of this subdivision, in the food with their handles above the
				top of the food and the container;
(b) In food that is not potentially hazardous
				with their handles above the top of the food in containers or equipment that
				can be closed, such as bins of sugar, flour, or cinnamon;
(c) In running water of sufficient velocity
				to flush particulates to the drain, if the utensils are used with moist food
				such as ice cream or mashed potatoes;
(d) In a clean, protected location if the
				utensils, such as ice scoops, are used only with a food that is not potentially
				hazardous; or
(e) Clean, sanitized,
				and dry;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:25 - Preventing contamination by consumers

Current through Register Vol. 51, page 10, July 15, 2024
Food on display for self-service by the consumer must be
				  protected from contamination by the following methods:
(1) The use of packaging; counter, service
				line, or salad bar food guards; display cases; or similarly effective
				means;
(2) Providing suitable
				utensils or effective dispensing methods for self-service operations for
				ready-to-eat foods;
(3) Not
				allowing self-service consumers to use soiled tableware, including
				single-service articles, to obtain additional food from display and serving
				equipment. However, cups and glasses may be reused if refilling is a
				contamination free process. A sign similar to the one shown must be posted to
				inform the consumer of this requirement:
CONSUMER
Please obtain clean tableware
											 before
obtaining additional food.
(4)
Protecting condiments by using:
(a)
Dispensers that are designed to
				provide protection;
(b)
Food display units provided with proper dispensing
				utensils;
(c)
Original containers designed for dispensing; or
(d)
Individual packages or portions;
				and
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:26 - Refrigerated storage

Current through Register Vol. 51, page 10, July 15, 2024
Sufficient refrigeration facilities or other effectively
				  insulated facilities that are conveniently located must be provided to assure
				  the maintenance of potentially hazardous food at required temperatures during
				  storage. Each mechanically refrigerated facility storing potentially hazardous
				  food must be provided with a numerically scaled indicating thermometer,
				  accurate to ±1°C (2°F), located to measure air temperature in
				  the warmest part of the facility. Frozen foods must be maintained frozen and
				  refrigerated potentially hazardous foods must be stored at 5°C (41°F)
				  or below.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:27 - Thawing potentially hazardous food

Current through Register Vol. 51, page 10, July 15, 2024
Potentially hazardous foods must be thawed in one of the
				  following manners:
(1) Under
				refrigeration that maintains the food temperature at 5°C (41°F) or
				below;
(2) Completely submerged
				under running water as follows:
(a) At a water
				temperature of 21°C (70°F) or below with sufficient water velocity to
				agitate and float off loose particles in an overflow, for a period of time that
				does not allow thawed portions of ready-to-eat food to rise above 5°C
				(41°F); or
(b) For a period of
				time that does not allow thawed portions of a raw animal food requiring cooking
				to be above 5°C (41°F) for more than four hours, including the time the
				food is exposed to the running water and the time needed for preparation for
				cooking or the time it takes under refrigeration to lower the food temperature
				to 5°C (41°F);
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:29 - Microwave cooking

Current through Register Vol. 51, page 10, July 15, 2024
Cooking of raw animal foods in a microwave oven must be as
				  follows:
(1) Food must be rotated or
				stirred throughout or midway during cooking to compensate for uneven
				distribution of heat;
(2) Food must
				be covered to retain surface moisture;
(3) Food must be heated an additional
				14°C (25°F) above the temperature specified in §
									44:02:07:28 to compensate for
				shorter cooking times; and
(4) Food
				must be allowed to stand covered for 2 minutes after cooking to obtain
				temperature equilibrium.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:30 - Parasite destruction by freezing

Current through Register Vol. 51, page 10, July 15, 2024
Before service or sale in ready-to-eat form, raw, marinated,
				  or partially cooked fish other than molluscan shellfish must be frozen
				  throughout to a temperature of -20°C (-4°F) or below for 168 hours in a
				  freezer, or -35°C (-31°F) or below for 15 hours in a blast
				  freezer.
If raw, marinated, or partially cooked fish are served or
				  sold in ready-to-eat form, the person in charge must record the freezing
				  temperature and time to which the fish are subjected and must retain the
				  records at the food establishment for 90 calendar days beyond the time of
				  service or sale of the fish.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:31 - Hot storage of potentially hazardous food

Current through Register Vol. 51, page 10, July 15, 2024
Sufficient hot food storage facilities must be provided to
				  assure the maintenance of potentially hazardous food at the required
				  temperature during storage. Except during preparation, cooking, or cooling, or
				  when time is used as the public health control as specified under §
									44:02:07:40, all potentially
				  hazardous food must be maintained at 60°C (140°F) or above, except that
				  roasts cooked to a temperature and for a time specified in subdivision
				  44:02:07:28(4) may be held at a temperature of 54°C
				  (130°F).
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:32 - Cooling of potentially hazardous food

Current through Register Vol. 51, page 10, July 15, 2024
The cooling of potentially hazardous food must be
				  accomplished in the following manner:
(1) Cooked potentially hazardous food must be
				cooled:
(a) From 60°C (140°F) to
				21°C (70° F) within two hours; and
(b) From 21°C (70°F) to 5°C
				(41°F), or below, within four hours;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:33 - Reheating food

Current through Register Vol. 51, page 10, July 15, 2024
Reheating food must meet the following conditions:
(1) Potentially hazardous food that is
				cooked, cooled, and reheated for hot holding must be reheated rapidly so that
				parts of the food reach a temperature of at least 74°C (165°F) for 15
				seconds. This temperature must be reached within one hour;
(2) Food reheated for hot holding in a
				microwave oven must be covered, rotated, or stirred throughout or midway during
				cooking or according to label instructions during heating, heated to a
				temperature of at least 88°C (190°F), and allowed to stand covered two
				minutes after reheating;
(3)
				Ready-to-eat food taken from a commercially processed, hermetically sealed
				container or from an intact package from a food processing plant must be heated
				to a temperature of at least 60°C (140°F) for hot holding;
(4) Remaining unsliced portions of roasts of
				beef that are cooked as required may be reheated for hot holding as specified
				in subdivision 44:02:07:28(4).
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:34 - Washing fruits and vegetables

Current through Register Vol. 51, page 10, July 15, 2024
Raw fruits and vegetables must be thoroughly washed in water
				  to remove soil and other contaminants before being cut, combined with other
				  ingredients, cooked, served, or offered for human consumption in ready-to-eat
				  form. Fruits and vegetables may be washed by using chemicals as specified in
				  21 C.F.R.
				  173.315, April 1, 1996. Any sink used to
				  wash, prepare, store, or soak food must be indirectly connected to the sewer
				  through an airbreak.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:35 - Food display and service

Current through Register Vol. 51, page 10, July 15, 2024
Potentially hazardous food must be kept at an internal
				  temperature of 5°C (41°F) or below or at an internal temperature of
				  60°C (140°F) or above during display and service with the exception of
				  rare roast beef, which must be held for service at a temperature of at least
				  54°C (130°F).
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:36 - Dispensing of milk, cream, and nondairy products

Current through Register Vol. 51, page 10, July 15, 2024
Dispensing of milk, cream, and nondairy products must conform
				  to the following requirements:
(1)
				Milk and milk products for drinking purposes must be provided to the consumer
				in an unopened, commercially filled package not exceeding .473 liter (one pint
				or 16 fluid ounces) in capacity or drawn from a commercially filled container
				stored in a mechanically refrigerated bulk milk dispenser. If a bulk dispenser
				for milk or milk products is not available and portions of less than one-half
				pint are required for mixed drinks, cereal, dessert service, or in a glass for
				drinking, milk and milk products may be poured from a commercially filled
				plastic container of 3.785 liters (one gallon) capacity;
(2) Cream or half-and-half must be provided
				in an individual service container or a protected dispenser that pours or it
				must be drawn from a refrigerated dispenser designed for such service. When
				dispensers that pour are emptied, they must be washed and sanitized as
				specified in §
									44:02:07:56 or
				44:02:07:58 before reuse;
				and
(3) Liquid nondairy creaming or
				whitening agents must be provided in an individual service container that must
				be at or below 5°C (41°F) during storage, display, or
				service.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:37 - Ready-to-eat food

Current through Register Vol. 51, page 10, July 15, 2024
Ready-to-eat food is food that is in a form that is edible
				  without washing, cooking, or additional preparation by the food establishment
				  or the consumer and that is reasonably expected to be consumed in that form.
				  Ready-to-eat food includes the following:
(1) Unpackaged potentially hazardous food
				that is cooked to the temperature and time required for the specific
				food;
(2) Raw, washed, or cut
				fruits and vegetables;
(3) Whole
				raw fruits and vegetables that are presented for consumption without the need
				for further washing, such as at a buffet; and
(4) Other food presented for consumption for
				which further washing or cooking is not required and from which rinds, peels,
				husks, or shells are removed.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:38 - Date marking and disposition of ready-to-eat potentially hazardous food

Current through Register Vol. 51, page 10, July 15, 2024
Date marking and disposition of ready-to-eat potentially
				  hazardous food must be handled in the following manner:
(1) Refrigerated, ready-to-eat, potentially
				hazardous food prepared and held for more than 24 hours in a food establishment
				must be marked with the date of preparation and must be discarded if not
				consumed within 10 calendar days from the date of preparation;
(2) A container of refrigerated,
				ready-to-eat, potentially hazardous food prepared and packaged by a food
				processing plant must be marked to indicate the date by which the food must be
				consumed or it must be consumed or discarded within 10 calendar days after the
				original package is opened in a food establishment. This requirement does not
				apply to whole, unsliced portions of a cured and processed product with the
				original casing maintained on the remaining portion, such as bologna, salami,
				or other sausage in a cellulose casing; and
(3) Refrigerated, ready-to-eat, potentially
				hazardous food prepared in a food establishment and dispensed through a vending
				machine with an automatic shut-off control that is activated at a temperature
				of 5°C (41°F) must be discarded if not sold within 10 days. If the
				automatic shut-off control is activated at a temperature of 7°C (45°F),
				the food must be discarded if not sold within three days;
Subdivisions (1) and (2) of this section do not apply to
				  individual meal portions served or repackaged for sale from a bulk container
				  upon a consumer's request.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:39 - Reduced-oxygen packaging

Current through Register Vol. 51, page 10, July 15, 2024
A food establishment that packages food using a
				  reduced-oxygen packaging method must have a HACCP plan that contains the
				  information specified under §
									44:02:07:97 and that does the
				  following:
(1) Identifies the food to
				be packaged;
(2) Limits the food
				packaged to a food that does not support the growth of
Clostridium
				botulinum
because it complies with one of the following:
(a) Has an aw of 0.91
				or less;
(b) Has a pH of 4.6 or
				less;
(c) Is a meat product cured
				at a food processing plant regulated by the U.S. Department of Agriculture
				using a combination of nitrites, nitrates, and salt that at the time of
				processing consists of 120 mg/L or higher concentration of sodium nitrite and a
				brine concentration of at least 3.50 percent and is received in an intact
				package; or
(d) Is a food with a
				high level of competing organisms such as raw meat or raw poultry;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:40 - Time as a public health control

Current through Register Vol. 51, page 10, July 15, 2024
Time only, rather than time in conjunction with temperature,
				  may be used as the public health control for a working supply of potentially
				  hazardous food before cooking or for ready-to-eat potentially hazardous food
				  that is displayed or held for service for immediate consumption, if the
				  following requirements are met:
(1)
				The food is marked or otherwise identified with the time within which it must
				be cooked, served, or discarded;
(2) The food is served or discarded within
				four hours from the time when the food is removed from temperature
				control;
(3) Food in unmarked
				containers or packages, or for which the time expires, is discarded;
				and
(4) Written procedures are
				maintained in the food establishment and made available to the regulatory
				authority upon request to ensure compliance with subdivisions (1) to (3),
				inclusive, of this section and §
									44:02:07:32 for food that is
				prepared, cooked, and refrigerated before time is used as a public health
				control.
Once time is implemented as a control measure for potentially
				  hazardous food, no other measures may be substituted.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:41 - Variance requirement for specialized processing methods

Current through Register Vol. 51, page 10, July 15, 2024
A food establishment must obtain variance from the regulatory
				  authority before smoking or curing food; using food additives as a method of
				  food preservation rather than as a method of flavor enhancement; using a
				  reduced-oxygen method of packaging food, except as specified in §
									44:02:07:39, if a barrier to
Clostridium botulinum
exists; or preparing food by another method
				  that is determined by the regulatory authority to require a variance.
The regulatory authority may grant a variance by modifying or
				  waiving one or more of the requirements of this chapter if in the opinion of
				  the regulatory authority a health hazard will not result from the variance. If
				  a variance is granted, the regulatory authority must retain the following
				  information in its records on the food establishment:
(1) A statement from the petitioner of the
				proposed variance of the requirement, citing relevant section
				numbers;
(2) A rationale from the
				petitioner explaining how the potential public health hazards addressed by the
				relevant sections will be alternatively addressed by the proposal;
				and
(3) A HACCP plan, if required,
				that includes the information as it is relevant to the variance
				requested.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
Distress Food Act, SDCL
					 34-5-9 to
					 34-5-18,
					 inclusive.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:42 - Contaminated food disposition

Current through Register Vol. 51, page 10, July 15, 2024
The requirements for the discarding of unsafe, adulterated,
				  or contaminated food are as follows:
(1) A food that is unsafe, adulterated, or
				not honestly presented as specified in §
									44:02:07:15 must be
				discarded;
(2) Food that is not
				from an approved source as specified in §
									44:02:07:16 must be
				discarded;
(3) Ready-to-eat food
				that may have been contaminated by an employee who has been restricted or
				excluded as specified in §
									44:02:07:07 must be
				discarded;
(4) Food that is
				contaminated by food employees, consumers, or other persons through contact
				with their hands; bodily discharges, such as nasal or oral discharges; or other
				means must be discarded; and
(5)
				Food that has been held for longer than four hours at temperatures between
				5°C (41°F) and 60°C (140°F) is considered unsafe or adulterated
				and must be discarded. However, food that is cooled as per § 44:01:07:32
				is allowed the holding time as prescribed.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
Distress Food Act, SDCL
					 34-5-9 to
					 34-5-18,
					 inclusive.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:43 - General equipment and utensils - Materials and design

Current through Register Vol. 51, page 10, July 15, 2024
Materials that are used in the construction of utensils and
				  food-contact surfaces of equipment may not allow the migration of deleterious
				  substances or impart colors, odors, or tastes to food. Under normal use
				  conditions materials must be safe; durable; corrosion-resistant; nonabsorbent;
				  sufficient in weight and thickness to withstand repeated warewashing; finished
				  to have a smooth, easily cleanable surface; and resistant to pitting, chipping,
				  crazing, scratching, scoring, distortion, and decomposition.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:45 - Food-contact surfaces - Design and construction

Current through Register Vol. 51, page 10, July 15, 2024
Multiuse food-contact surfaces must meet the following
				  requirements for design and construction:
(1) Smooth;
(2) Free of breaks, open seams, cracks,
				chips, pits, and similar imperfections;
(3) Free of sharp internal angles, corners,
				and crevices;
(4) Finished to have
				smooth welds and joints; and
(5)
				Accessible for cleaning and inspection by one of the following methods:
(a) Without being disassembled;
(b) By disassembling without the use of
				tools; or
(c) By easy disassembling
				with the use of only simple tools such as mallets, screw drivers, or wrenches
				that are kept near the equipment and are accessible for use.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:46 - Nonfood-contact surfaces - Design and construction

Current through Register Vol. 51, page 10, July 15, 2024
Nonfood-contact surfaces of equipment that are exposed to
				  splash, spillage, or other food soiling or that require frequent cleaning must
				  be constructed of a corrosion-resistant, nonabsorbent, and smooth material.
				  Nonfood-contact surfaces must be free of unnecessary ledges, projections, and
				  crevices, and must be designed and constructed to allow easy cleaning and to
				  facilitate maintenance.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:47 - Clean-in-place (CIP) equipment - Design and construction

Current through Register Vol. 51, page 10, July 15, 2024
Clean-in-place equipment must meet the characteristics
				  specified in §
									44:02:07:45 and must be designed
				  and constructed so that cleaning and sanitizing solutions circulate throughout
				  a fixed system and contact all interior food-contact surfaces. The system must
				  be self-draining or capable of being completely drained of cleaning and
				  sanitizing solutions.
CIP equipment that is not designed to be disassembled for
				  cleaning must be designed with inspection access points to ensure that all
				  interior food-contact surfaces throughout the fixed system are being
				  effectively cleaned.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:48 - General equipment - Design and construction

Current through Register Vol. 51, page 10, July 15, 2024
All equipment must be designed and constructed for durability
				  under conditions of normal use. Equipment must also be designed to meet the
				  following requirements:
(1) "V" type
				threads may not be used on food-contact surfaces except for hot oil cooking or
				filtering equipment;
(2) Equipment
				containing bearings and gears that require lubricants must be designed and
				constructed so that the lubricant cannot leak, drip, or be forced into food or
				onto food-contact surfaces;
(3)
				Equipment compartments that are subject to accumulation of moisture due to
				conditions such as condensation, food or beverage drip, or water from melting
				ice must be sloped to an outlet that allows complete draining; and
(4) Equipment, such as dollies, pallets,
				racks, and skids, used to store and transport large quantities of packaged
				foods received from a supplier in a cased or overwrapped lot must be designed
				to be moved by hand or by conveniently available equipment, such as hand trucks
				and forklifts.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:49 - Ventilation hood systems - Design and construction

Current through Register Vol. 51, page 10, July 15, 2024
A ventilation hood system must be provided over all cooking
				  equipment which produces steam, excessive smoke, grease vapors, or odors. A
				  ventilation hood system must meet the following requirements:
(1) Ventilation hood systems and devices must
				be sufficient in number and capacity to prevent grease or condensation from
				collecting on walls and ceilings;
(2) Filters or other grease-extracting
				equipment must be designed to be readily removable for cleaning and replacement
				if it is not designed to be cleaned in place;
(3) Exhaust ventilation hood systems in food
				preparation and warewashing areas, including components such as hoods, fans,
				guards, and ducting, must be designed to prevent grease or condensation from
				draining or dripping onto food, equipment, utensils, linens, and single-service
				and single-use articles; and
(4)
				When vented to the outside, ventilation systems may not create a public health
				hazard.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
1994 Uniform Mechanical Code, §
					 507.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:50 - Dispensing equipment - Design and construction

Current through Register Vol. 51, page 10, July 15, 2024
Equipment that dispenses or vends liquid food or ice in
				  unpackaged form must be designed and constructed as follows:
(1) The delivery tube, chute, orifice, and
				splash surfaces directly above the container receiving the food must be
				designed, using means such as barriers, baffles, or drip aprons, so that drips
				from condensation and splash are diverted from the opening of the container
				receiving the food;
(2) The
				delivery tube or chute and orifice must be protected from dust, insects,
				rodents, and other contamination by a self-closing door under the following
				conditions:
(a) The equipment is located in
				an outside area that does not afford the protection of an enclosure against the
				rain, windblown debris, insects, rodents, and other contaminants; or
(b) The equipment is available for
				self-service during hours that it is not under the full-time supervision of a
				food employee;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:51 - Molluscan shellfish tanks

Current through Register Vol. 51, page 10, July 15, 2024
Molluscan shellfish life-support system display tanks that
				  are used to store and display shellfish that are offered for human consumption
				  must be operated and maintained to ensure the following:
(1) Water used with fish other than molluscan
				shellfish does not flow into the molluscan tank;
(2) The safety and quality of the shellfish
				as they were received are not compromised by use of the tank; and
(3) The identity of the source of the
				shellstock is retained for 90 calendar days from the date the container is
				emptied into the display tank.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:52 - Temperature measuring devices

Current through Register Vol. 51, page 10, July 15, 2024
Temperature measuring devices are required in all food
				  establishments. Temperature measuring devices must meet the following
				  requirements:
(1) Temperature
				measuring devices may not have sensors or stems constructed of glass, except
				that thermometers with glass sensors or stems that are encased in a
				shatterproof coating, such as candy thermometers, may be used;
(2) Food temperature measuring devices must
				have a numerical scale, printed record, or digital readout in increments no
				greater than 1°C or 2°F;
(3) Food thermometers that are used to check
				food temperatures that are scaled only in Celsius or dually scaled in Celsius
				and Fahrenheit must be accurate to ±1°C (2°F). Food thermometers
				that are scaled only in Fahrenheit must be accurate to
				±2°F;
(4) Thermometers
				that are used to measure ambient air and water temperatures that are scaled in
				Celsius or dually scaled in Celsius and Fahrenheit must be designed to be
				easily readable and accurate to ±2°C (3°F) at the use range.
				Ambient air and water thermometers that are scaled only in Fahrenheit must be
				accurate to ±3°F at the use range;
(5) Temperature measuring devices must be
				designed to be easily readable;
(6)
				In a mechanically refrigerated or hot food storage unit, the sensor of a
				temperature measuring device must be located to measure the air temperature in
				the warmest part of a mechanically refrigerated unit and in the coolest part of
				a hot food storage unit; and
(7)
				Cold or hot holding equipment used for potentially hazardous food must be
				designed to include and must be equipped with at least one integral or
				permanently affixed temperature measuring device that is located to allow easy
				viewing of the device's temperature display. This subdivision does not apply to
				equipment for which the placement of a temperature measuring device is not a
				practical means for measuring the ambient air surrounding the food because of
				the design, type, and use of the equipment, such as calrod units, heat lamps,
				cold plates, bainsmarie, steam tables, insulated food transport containers, and
				salad bars.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:53 - General equipment - Installation and location

Current through Register Vol. 51, page 10, July 15, 2024
Equipment, a cabinet used for storage of food, or a cabinet
				  that is used to store cleaned and sanitized equipment, utensils, laundered
				  linens, and single-service and single-use articles may not be located in locker
				  rooms; toilet rooms; garbage rooms; mechanical rooms; under sewer lines that
				  are not shielded to intercept potential drips; under leaking water lines,
				  including leaking automatic fire sprinkler heads, or under lines on which water
				  has condensed; under open stairwells; or under other sources of contamination.
				  Equipment must be installed and located as described:
(1) If a mechanical clothes washer or dryer
				is provided, it must be located only where there is no exposed food; no clean
				equipment, utensils, and linens; and no unwrapped single-service and single-use
				articles;
(2) A unit of equipment
				that is fixed because it is not easily movable must be installed as follows:
(a) Spaced to allow access for cleaning along
				the sides, behind, and above the unit;
(b) Spaced from adjoining equipment, walls,
				and ceilings a distance of not more than one millimeter or 1/32 inch;
				or
(c) Sealed to adjoining
				equipment or walls if the unit is exposed to spillage or seepage;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:54 - General equipment and utensils - Maintenance and operation

Current through Register Vol. 51, page 10, July 15, 2024
All equipment and utensils must be maintained in a state of
				  good repair and sound condition that meets the following requirements:
(1) Equipment components such as doors,
				seals, hinges, fasteners, and kick plates must be kept intact, tight, and
				adjusted in accordance with manufacturers' specifications;
(2) Cutting or piercing parts must be kept
				sharp to minimize the creation of metal fragments that can contaminate food
				when the container is opened;
(3)
				Surfaces such as cutting blocks and boards that are subject to scratching and
				scoring must be resurfaced if they can no longer be effectively cleaned and
				sanitized or discarded if they are not capable of being resurfaced;
				and
(4) All kitchenware and food
				contact surfaces of equipment must be maintained free of breaks, cracks, chips,
				pits, and similar imperfections.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:55 - Cleaning frequency of equipment and utensils

Current through Register Vol. 51, page 10, July 15, 2024
All equipment, food-contact surfaces, nonfood-contact
				  surfaces, and utensils must be clean to sight and touch. The frequency of
				  cleaning is as follows:
(1)
				Food-contact surfaces of equipment and utensils must be cleaned as follows:
(a) Before each use with a different type of
				raw animal food, such as beef, fish, lamb, pork, or poultry;
(b) Each time there is a change from working
				with raw foods to working with ready-to-eat foods;
(c) Between uses with raw fruits or
				vegetables and with potentially hazardous food;
(d) Before using or storing a food
				temperature measuring device; and
(e) At any time during the operation when
				contamination may have occurred or there is an interruption of
				operations;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:56 - Manual cleaning and sanitizing requirements

Current through Register Vol. 51, page 10, July 15, 2024
Manual cleaning and sanitizing must meet the following
				  requirements:
(1) A sink with at least
				three compartments must be provided for manually washing, rinsing, and
				sanitizing equipment and utensils. Sink compartments must be large enough to
				accommodate immersion of the largest equipment and utensils. If equipment or
				utensils are too large for the warewashing sink, a warewashing machine or
				alternative method approved by the regulatory authority must be used;
(2) Drainboards, utensil racks, movable
				carts, or tables large enough to accommodate all soiled and cleaned items that
				may accumulate during hours of operation must be provided for necessary utensil
				holding before cleaning and after sanitizing. Attached drainboards of
				warewashing sinks must be self-draining;
(3) Utensils and equipment must be scraped,
				preflushed, presoaked, or scrubbed with abrasives to remove large quantities of
				food wastes;
(4) Except for fixed
				equipment and utensils too large to be cleaned in sink compartments, manual
				washing and rinsing must be conducted in the following manner:
(a) Sinks must be thoroughly cleaned before
				each use or at a frequency necessary to prevent recontamination of equipment
				and utensils;
(b) Equipment and
				utensils must be thoroughly washed in the first compartment of the three
				compartment sink with a hot detergent solution that is kept clean and
				maintained at not less than 43°C (110°F). The wash solution of soap,
				detergent, acid cleaner, alkaline cleaner, degreaser, abrasive cleaner, or
				other cleaning agent must be used according to the cleaning agent
				manufacturer's label instructions; and
(c) Equipment and utensils must be rinsed
				free of detergent and abrasives with clean water in the second compartment of
				the sink;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:57 - Sanitizing solution testing devices

Current through Register Vol. 51, page 10, July 15, 2024
A test kit or other device that accurately measures the
				  concentration in mg/L of sanitizing solutions must be
				  provided.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:59 - Storage of cleaned equipment and utensils

Current through Register Vol. 51, page 10, July 15, 2024
Cleaned equipment and utensils must be stored as
				  follows:
(1) In a clean, dry
				location;
(2) Where they are not
				exposed to splash, dust, or other contamination;
(3) At least 15 centimeters (6 inches) above
				the floor. However, items that are kept in closed packages may be stored less
				than 15 centimeters (6 inches) above the floor on dollies, pallets, racks, and
				skids that are designed as required by subdivision 44:02:07:48(4);
(4) In a self-draining position that permits
				air drying; and
(5) Either covered
				or inverted.
Cleaned and sanitized equipment and utensils may not be
				  stored in locker rooms, toilet rooms, garbage rooms, or mechanical rooms; under
				  sewer lines that are not shielded to intercept potential drips, leaking water
				  lines including leaking automatic fire sprinkler heads, or lines on which water
				  has condensed; in open stairwells; or in places subject to or under other
				  sources of contamination.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:60 - Handling of clean equipment and utensils

Current through Register Vol. 51, page 10, July 15, 2024
Clean equipment and utensils must be handled in the following
				  manner:
(1) Equipment must be
				reassembled so that food-contact surfaces are not contaminated;
(2) Lubricants meeting the requirements
				specified in 21 C.F.R.
				178.3570, April 1, 1996, must be applied to
				food-contact surfaces or on equipment bearings or gears that require
				lubrication in a manner that minimizes incidental food contact;
(3) Cleaned and sanitized utensils must be
				handled, displayed, and dispensed so that contamination of food- and
				lip-contact surfaces is prevented;
(4) Knives, forks, and spoons that are not
				prewrapped must be presented so that only the handles are touched by employees
				or by consumers if consumer self-service is provided;
(5) Soiled tableware must be removed from
				consumer eating and drinking areas and handled so that clean tableware is not
				contaminated; and
(6) Tableware may
				be preset under the following conditions:
(a)
				It is protected from contamination by being wrapped, covered, or
				inverted;
(b) Unused settings are
				removed when a consumer is seated; or
(c) It is exposed, unused settings are not
				removed when a consumer is seated, and it is cleaned and sanitized before
				further use.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:61 - Single-service and single-use articles

Current through Register Vol. 51, page 10, July 15, 2024
Single-service and single-use articles must meet the
				  following requirements:
(1) Must be
				made from materials that are safe and clean and do not allow the migration of
				deleterious substances or impart colors, odors, or tastes to food;
(2) Must be used in a food establishment
				without facilities for cleaning and sanitizing kitchenware and tableware.
				Single-use articles are to be used by food employees and single-service
				articles are to be used by the consumer;
(3) May be used only once and may not be
				reused;
(4) Must be handled,
				displayed, and dispensed so that contamination of food- or lip-contact surfaces
				is prevented;
(5) Must be stored in
				their original protective package or stored by using other means that afford
				protection from contamination until used; and
(6) May not be stored in locker rooms, toilet
				rooms, garbage rooms, or mechanical rooms; under sewer lines that are not
				shielded to intercept potential drips, leaking water lines including leaking
				automatic fire sprinkler heads, or lines on which water has condensed; in open
				stairwells; or in places subject to or under other sources of
				contamination.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:62 - Laundering of linens

Current through Register Vol. 51, page 10, July 15, 2024
Laundry facilities in a food establishment are restricted to
				  the washing and drying of linens, cloths, uniforms, and aprons necessary to the
				  operation. Laundry equipment must consist of a mechanical clothes washer and
				  dryer installed as required by subdivision 44:02:07:53(1). Separate laundry
				  facilities located on the premises for the purpose of general laundering, such
				  as the linens for institutions providing boarding and lodging, may also be used
				  for laundering food establishment items. If on-premises laundering is limited
				  to wiping cloths intended to be used moist, a mechanical clothes washer must be
				  provided and the wiping cloths stored in a sanitizing solution after
				  laundering. Laundering facilities are not required if all linens are
				  commercially laundered outside the establishment.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:63 - Linen storage

Current through Register Vol. 51, page 10, July 15, 2024
Soiled linens must be kept in clean, nonabsorbent receptacles
				  or washable laundry bags and stored and transported to prevent contamination of
				  food, clean equipment, clean utensils, clean linens, and single-service and
				  single-use articles.
Clean linens must be stored in a clean, dry location where
				  they are not exposed to splash, dust, or other contamination. They must be
				  stored at least 15 centimeters (6 inches) above the floor.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:64 - Water supply

Current through Register Vol. 51, page 10, July 15, 2024
A safe supply of water must be obtained from an approved
				  source that is a public water system or a nonpublic water system that is
				  constructed, maintained, and operated according to article 74:04. A nonpublic
				  water system must submit samples monthly to an EPA-certified laboratory for
				  bacteriological analysis while the food establishment is in operation. A yearly
				  nitrate test is also required.
The water source and system must be of sufficient capacity to
				  meet the demands for water of the food establishment. Water under pressure must
				  be provided to all fixtures, equipment, and nonfood equipment that are required
				  to use water. Hot water generation and distribution systems must be provided
				  that are sufficient to meet the peak hot water demands throughout the food
				  establishment.
Bottled drinking water used or sold in a food establishment
				  must be obtained from approved sources and must be dispensed from their
				  original containers.
A cross-connection by connecting a pipe or conduit between
				  the drinking water system and a nondrinking water system or a water system of
				  unknown quality is prohibited.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
State Plumbing Code, art
					 20:54.