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 44:02:07:65 - Sewage disposal

Current through Register Vol. 51, page 10, July 15, 2024
Sewage must be disposed of through an approved facility that
				  is a public sewage treatment plant or an individual sewage disposal system that
				  is sized, constructed, maintained, and operated according to chapter
				  74:53:01.
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 44:02:07:66 - Plumbing system

Current through Register Vol. 51, page 10, July 15, 2024
A plumbing system must be designed, constructed, installed,
				  operated, and maintained according to article 20:54.
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 44:02:07:67 - Backflow prevention

Current through Register Vol. 51, page 10, July 15, 2024
The prevention of backflow or back siphonage must be
				  accomplished in the following manner:
(1) A plumbing system must be installed to
				preclude backflow of a solid, liquid, or gas contaminant into the water supply
				system at each point of use at the food establishment by providing an air gap
				between the water supply inlet and the flood level rim of the plumbing fixture,
				equipment, or nonfood equipment that is at least twice the diameter of the
				water supply inlet and is not less than 25 millimeters (1 inch) or by
				installing a backflow prevention device;
(2) Carbonating devices must be installed
				with adequate backflow prevention as required by the device
				manufacturer;
(3) A direct
				connection may not exist between the sewage system and drain originating from
				equipment in which food, portable equipment, or utensils are placed. However,
				certain equipment may be equipped with a direct connection as specified in
				article 20:54; and
(4) A backflow
				prevention device must be located so that it may be easily serviced and
				maintained.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
State Plumbing Code, art
					 20:54.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:68 - Handwashing lavatories

Current through Register Vol. 51, page 10, July 15, 2024
Handwashing lavatories must meet the following
				  requirements:
(1) Handwashing
				lavatories must be located to allow convenient use by employees in food
				preparation, food dispensing, waitress stations, and warewashing areas and must
				be located in, or immediately adjacent to, toilet rooms;
(2) At least one handwashing lavatory must be
				provided in the food preparation area, and additional handwashing lavatories
				may be required as determined by the regulatory authority;
(3) Handwashing lavatories must be kept clean
				and maintained so that they are easily accessible at all times for employee
				use. Handwashing lavatories may not be used for purposes other than
				handwashing.
(4) Handwashing
				lavatories must be equipped to provide water at a temperature not over 49°C
				(120°F) through a mixing valve or combination faucet. A steam mixing valve
				may not be used at a handwashing lavatory. A self-closing, slow-closing, or
				metering faucet must provide a flow of water for at least 15 seconds without
				the need to reactivate the faucet; and
(5) A sink used for food preparation or
				utensil washing or a service sink or curbed cleaning facility used for the
				disposal of mop water or similar wastes may not be used as a handwashing
				lavatory.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
State Plumbing Code, art
					 20:54.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:69 - Handwashing lavatory supplies

Current through Register Vol. 51, page 10, July 15, 2024
Each handwashing lavatory must be provided with the
				  following:
(1) A supply of hand
				cleaning liquid, powder, or bar soap;
(2) Individual disposable towels, a
				continuous towel system that supplies the user with a clean towel, or a
				heated-air hand drying device; and
(3) A waste receptacle if individual
				disposable towels are 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 44:02:07:70 - Prep/vegetable sink

Current through Register Vol. 51, page 10, July 15, 2024
A designated prep sink or vegetable sink must be provided if
				  food preparation procedures require washing, soaking, or rinsing of food items.
				  Either a separate sink or the third compartment of the three-compartment sink
				  may be utilized for this operation. The sink must be plumbed with a physical
				  air break on the drain line.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
State Plumbing Code, art
					 20:54.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:71 - Service/janitor's sink

Current through Register Vol. 51, page 10, July 15, 2024
At least one service sink or curbed cleaning facility
				  equipped with a floor drain must be provided and conveniently located for the
				  cleaning of mops or similar wet floor cleaning tools and for the disposal of
				  mop water and similar liquid waste.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
State Plumbing Code, art
					 20:54.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:72 - Toilet facilities

Current through Register Vol. 51, page 10, July 15, 2024
At least one toilet, but not fewer than the number of toilets
				  required by law must be provided. Toilet facilities must meet the following
				  requirements:
(1) A toilet room
				located on the premises must be completely enclosed and provided with a
				tight-fitting and self-closing door;
(2) Toilet rooms must be conveniently located
				and accessible to employees during all hours of operation;
(3) Toilet rooms and fixtures must be kept
				clean and in good repair. A supply of toilet tissue must be provided at each
				toilet at all times. Easily cleanable waste receptacles must be provided for
				refuse materials. Toilet rooms used by women must have a least one covered
				waste receptacle; and
(4) Each
				toilet room must be provided with mechanical ventilation of sufficient capacity
				to effectively remove odors and vapors from the room.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
State Plumbing Code, art
					 20:54.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:73 - Receptacles for refuse, recyclables, and returnables

Current through Register Vol. 51, page 10, July 15, 2024
Receptacles used for refuse, recyclables, and returnables
				  must meet the following requirements:
(1) A receptacle must be provided in each
				area of the food establishment or premises where refuse is generated or
				commonly discarded or where recyclables or returnables are placed;
(2) Equipment and receptacles for refuse,
				recyclables, and returnables and for use with materials containing food residue
				must be durable, cleanable, insect- and rodent-resistant, leakproof, and
				nonabsorbent;
(3) Plastic bags and
				wet strength paper bags may be used to line receptacles for storage inside the
				food establishment or within closed outside receptacles;
(4) Equipment and receptacles inside the food
				establishment for refuse, recyclables, and returnables must be kept covered
				when they are not in continuous use and after they are filled;
(5) Equipment and receptacles for refuse,
				recyclables, and returnables used with materials containing food residue and
				used outside the food establishment must be designed and constructed to have
				tight-fitting lids, doors, or covers. Equipment and receptacles equipped with
				drain plugs must have the drain plugs in place;
(6) Equipment for refuse and recyclables,
				such as an on-site compactor, must be installed so that accumulation of debris
				and insect and rodent attraction and harborage are minimized and effective
				cleaning is facilitated around and, if the equipment is not installed flush
				with the base pad, under the unit;
(7) Equipment and receptacles for refuse,
				recyclables, and returnables must be thoroughly cleaned. Liquid wastes
				generated by the cleaning operation must be disposed of in a sewage system that
				complies with chapter 74:53:01; and
(8) Soiled equipment and receptacles for
				refuse, recyclables, and returnables must be cleaned at a frequency necessary
				to prevent them from developing a buildup of soil or becoming attractants for
				insects and rodents.
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 44:02:07:74 - Storage areas for refuse, recyclables, and returnables

Current through Register Vol. 51, page 10, July 15, 2024
A storage area for refuse, recyclables, and returnables must
				  meet the requirements specified:
(1)
				An inside storage room or area, an outside storage area or enclosure, and
				individual receptacles must be of sufficient number and capacity to hold
				refuse, recyclables, and returnables that accumulate;
(2) The floors, floor coverings, walls, wall
				coverings, and ceilings of an inside storage area must be designed and
				constructed so they are smooth, nonabsorbent, and easily cleanable;
(3) An outdoor storage surface for refuse,
				recyclables, and returnables must be constructed of nonabsorbent material such
				as concrete or asphalt and must be smooth, durable, and sloped to
				drain;
(4) If used, an outdoor
				enclosure for refuse, recyclables, and returnables must be constructed of
				durable and cleanable materials;
(5) Storage areas, enclosures, and
				receptacles for refuse, recyclables, and returnables must be maintained in good
				repair;
(6) Refuse, recyclables,
				and returnables must be stored in equipment, refuse receptacles, storage areas,
				or enclosures so that they are inaccessible to insects and rodents;
(7) Refuse receptacles not meeting the
				requirements specified in §
									44:02:07:73, such as receptacles
				that are not rodent-resistant, unprotected plastic bags and paper bags, or
				baled units that contain materials with food residue, may not be stored
				outside; and
(8) The location of
				equipment, receptacles, storage areas, or enclosures for refuse, recyclables,
				and returnables may not create a public health nuisance.
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 44:02:07:75 - Removal frequency of refuse, recyclables, and returnables

Current through Register Vol. 51, page 10, July 15, 2024
Refuse, recyclables, and returnables must be removed from the
				  premises at a frequency that will minimize the development of objectionable
				  odors and other conditions that attract or harbor insects and
				  rodents.
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 44:02:07:76 - Design and construction of floors, walls, and ceilings

Current through Register Vol. 51, page 10, July 15, 2024
The floors, floor coverings, walls, wall coverings, and
				  ceilings must be designed, constructed, and installed so they are smooth,
				  nonabsorbent, and easily cleanable. However, antislip floor coverings or
				  applications may be used for safety reasons. The design and construction of
				  floors, walls, and ceilings must meet the following requirements:
(1) Floors, walls, and ceilings must be
				designed and constructed so that utility service lines and pipes are not
				unnecessarily exposed. If exposed utility service lines and pipes are
				necessary, they must be installed so as not to obstruct or prevent cleaning of
				the floors, walls, or ceilings. Exposed horizontal utility service lines and
				pipes may not be installed on the floor;
(2) In food establishments in which cleaning
				methods other than water flushing are used for cleaning floors, the floor and
				wall junctures must be coved and closed to no larger than 1 mm (one
				thirty-second inch);
(3) The floors
				in food establishments in which water flush cleaning methods are used must be
				provided with drains and graded to drain, and the floor and wall junctures must
				be coved and sealed;
(4) Carpeting
				may not be installed as a floor covering in food preparation areas, walk-in
				refrigerators, warewashing areas, toilet room areas where handwashing
				lavatories, toilets, and urinals are located, refuse storage rooms, or other
				areas subject to moisture. Carpeting may be installed as floor covering in
				other areas if it is closely woven, properly installed, easily cleanable, and
				maintained in good repair;
(5) Mats
				and duckboards may be used but must be designed to be removable and must be
				nonabsorbent, grease-resistant, and easily cleanable;
(6) Sawdust, wood shavings, peanut hulls,
				granular salt, baked clay, diatomaceous earth, or similar materials may not be
				used on floors. However, a variance may be granted by the regulatory authority
				for the use of these materials in customer seating areas only;
(7) Wall and ceiling covering materials must
				be light-colored and must be attached so that they are smooth, nonabsorbent,
				and easily cleanable. Concrete, porous blocks, or bricks used for indoor wall
				construction must be finished and sealed to provide a smooth, nonabsorbent,
				easily cleanable surface;
(8)
				Attachments to walls and ceilings such as light fixtures, mechanical room
				ventilation system components, vent covers, wall-mounted fans, decorative
				items, and other attachments must be easily cleanable and maintained in good
				repair; and
(9) Studs, joists, and
				rafters may not be exposed.
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 44:02:07:77 - Cleaning and maintenance of floors, walls, and ceilings

Current through Register Vol. 51, page 10, July 15, 2024
The cleaning and maintenance of floors, walls, and ceilings
				  must be accomplished in the following manner:
(1) The physical facilities must be
				maintained in good repair;
(2) The
				physical facilities must be cleaned as often as necessary to keep them clean.
				Cleaning must be done during periods when the least amount of food is exposed
				such as after closing; and
(3) Only
				dustless methods of cleaning may be used, including wet cleaning, vacuum
				cleaning, mopping with treated dust mops, or sweeping using a broom and
				dust-arresting compounds.
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 44:02:07:78 - Lighting

Current through Register Vol. 51, page 10, July 15, 2024
Lighting must meet the following specifications for intensity
				  and protective shielding:
(1) The
				light intensity must be as follows:
(a) In
				walk-in refrigeration units and dry food storage areas, and in other areas and
				rooms during periods of cleaning, at least 110 lux (10 foot candles) at a
				distance of 75 centimeters (30 inches) above the floor;
(b) In areas where fresh produce or packaged
				foods are sold or offered for consumption, areas used for handwashing,
				warewashing, and equipment and utensil storage and in toilet rooms, at least
				220 lux (20 foot candles) at a distance of 75 centimeters (30 inches) above the
				floor; and
(c) At a surface where a
				food employee is working with unpackaged potentially hazardous food or with
				food, utensils, and equipment such as knives, slicers, grinders, or saws where
				employee safety is a factor, at least 540 lux (50 foot candles);
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:79 - Heating, ventilation, and air conditioning

Current through Register Vol. 51, page 10, July 15, 2024
Heating, ventilation, and air conditioning must be provided
				  as necessary and must be designed and installed so that make-up air intake and
				  exhaust vents do not cause contamination of food, food preparation surfaces,
				  equipment, or utensils. Intake and exhaust air ducts must be cleaned and
				  filters changed as often as necessary to prevent contamination by dust, dirt,
				  and other materials.
Mechanical ventilation must be provided of sufficient
				  capacity to keep rooms free of excessive heat, steam, condensation, vapors,
				  obnoxious odors, smoke, and fumes. 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.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:80 - Employee dressing areas and lockers

Current through Register Vol. 51, page 10, July 15, 2024
If employees routinely change their clothes in the
				  establishment, dressing rooms or dressing areas must be provided.
Lockers or other suitable facilities must be provided for the
				  orderly storage of employees' clothing and other possessions.
Dressing areas and locker areas must be located in a
				  designated room or area where contamination of food, equipment, utensils,
				  linens, and single-service and single-use articles will not
				  occur.
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 44:02:07:81 - General premises

Current through Register Vol. 51, page 10, July 15, 2024
The general premises of all food establishments must meet the
				  following requirements:
(1) Perimeter
				walls and roof of a food establishment must effectively protect the
				establishment from the weather and the entry of insects, rodents, and other
				animals;
(2) Openings to a portion
				of a building that is not part of the food establishment or to the outdoors
				must be protected against the entry of insects and rodents as follows:
(a) By filling or closing holes and other
				gaps along floors, walls, and ceilings;
(b) By using closed, tight-fitting windows;
				or
(c) By using solid self-closing,
				tight-fitting doors;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:82 - Living and sleeping quarters

Current through Register Vol. 51, page 10, July 15, 2024
A private home, a room used as living or sleeping quarters,
				  or an area directly opening into a room used as living or sleeping quarters may
				  not be used for conducting food establishment operations. Living or sleeping
				  quarters located on the premises of a food establishment must be separated from
				  rooms and areas used for food establishment operations by complete partitioning
				  and solid self-closing doors.
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 44:02:07:83 - Storage and handling of maintenance items

Current through Register Vol. 51, page 10, July 15, 2024
Maintenance equipment, supplies, and tools such as brooms,
				  mops, vacuum cleaners, and similar items must be stored so they do not
				  contaminate food, equipment, utensils, linens, and single-service and
				  single-use articles. Maintenance items must be stored in an orderly manner that
				  facilitates easy cleaning of the storage location.
Wet-use maintenance items, such as mops, must be placed in a
				  position that allows them to air-dry without soiling walls or other equipment
				  and supplies.
Maintenance items must be cleaned before storage. Cleaning of
				  maintenance items must be accomplished in a manner so as not to contaminate
				  food, equipment, utensils, linens, and single-service and single-use articles.
				  Food preparation sinks, handwashing lavatories, and warewashing equipment may
				  not be used for the cleaning of maintenance tools, the preparation or holding
				  of maintenance materials, or the disposal of mop water and similar liquid
				  wastes.
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 44:02:07:84 - Poisonous and toxic materials

Current through Register Vol. 51, page 10, July 15, 2024
Poisonous and toxic materials are not intended for ingestion
				  and include the following:
(1)
				Cleaners and sanitizers, including cleaning and sanitizing agents and agents
				such as caustics, acids, drying agents, polishes, and other
				chemicals;
(2) Pesticides including
				insecticides and rodenticides;
(3)
				Substances necessary for the operation and maintenance of the establishment,
				such as nonfood-grade lubricants and personal care items that may be
				deleterious to health; and
(4)
				Substances that are not necessary for the operation and maintenance of the
				establishment and are on the premises for retail sale, such as petroleum
				products and paints.
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 44:02:07:85 - Handling and storage of poisonous and toxic materials

Current through Register Vol. 51, page 10, July 15, 2024
Only those poisonous or toxic materials that are required for
				  the operation and maintenance of a food establishment, such as for the cleaning
				  and sanitizing of equipment and utensils and the control of insects and
				  rodents, are allowed in a food establishment. Original containers of poisonous
				  or toxic materials and personal care items must bear a legible manufacturer's
				  label. Working containers used for storing poisonous or toxic materials, such
				  as cleaners and sanitizers taken from bulk supplies, must be clearly and
				  individually identified with the common name of the material.
Poisonous or toxic materials must be stored so they may not
				  contaminate food, equipment, utensils, linens, and single-service and
				  single-use articles. Detergents, sanitizer, and other related cleaning or
				  drying agents must be stored separately from pesticides by a partition
				  constructed of nonabsorbent and cleanable materials or stored in a separate
				  location in the establishment. Poisonous or toxic materials may not be stored
				  above food, equipment, utensils, linens, and single-service or single-use
				  articles.
The requirement for separate storage does not apply to
				  equipment and utensil cleaners and sanitizers that are stored in warewashing
				  areas for availability and convenience if the materials are stored to prevent
				  contamination of food, equipment, utensils, linens, and single-service and
				  single-use articles.
A container previously used to store poisonous or toxic
				  materials may not be used to store, transport, or dispense
				  food.
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 44:02:07:86 - Use of poisonous and toxic materials

Current through Register Vol. 51, page 10, July 15, 2024
Poisonous or toxic materials must be used according to the
				  following:
(1) This chapter;
(2) The manufacturer's use directions
				included in labeling and, for a pesticide, the manufacturer's label
				instructions that state that use is allowed in a food establishment;
(3) The conditions of certification in
				article 12;56, if certification is required, for use of the pest control
				materials; and
(4) Any additional
				conditions established by the regulatory authority.
Poisonous or toxic materials must be applied in a way that
				  does not constitute a hazard to employees or other persons and that prevents
				  contamination, including toxic residues caused by drip, drain, fog, splash or
				  spray on food, equipment, utensils, linens, and single-service and single-use
				  articles.
Drying agents used in conjunction with sanitization must be
				  strictly used according to the manufacturer's label instructions and for the
				  specific application for which it is intended.
Restricted-use pesticides may be applied only by a certified
				  applicator as required by article 12:56.
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 44:02:07:87 - Control of insects, rodents, and other pests

Current through Register Vol. 51, page 10, July 15, 2024
Insects, rodents, and other pests must be controlled to
				  minimize their presence within the physical facility and its contents. The
				  presence of insects, rodents, and other pests must be controlled as
				  follows:
(1) By routinely inspecting
				incoming shipments of food and supplies;
(2) By routinely inspecting the premises for
				evidence of pests;
(3) By
				eliminating harborage conditions;
(4) By using methods, such as trapping
				devices or extermination, as follows:
(a)
				Devices used to electrocute flying insects must be designed to have
				escape-resistant trays;
(b) Devices
				used to electrocute flying insects, impel insects or insect fragments, or trap
				insects by adherence, must be installed as follows:
(i) Devices may not be located over a food
				preparation area; and
(ii)Dead
				insects and insect fragments may not be impelled onto or fall on exposed food,
				clean equipment, utensils, linens, and unwrapped single-service and single-use
				articles;
(c) Rodent
				bait must be contained in a covered, tamper-resistant bait station;
(d) A tracking powder pesticide may not be
				used in a food establishment;
(e) A
				general-use pesticide must be applied according to the manufacturer's
				instructions;
(f) A restricted-use
				pesticide must be applied by a certified applicator as specified in article
				12:56; or
(g) Automatic insecticide
				dispensers may not be located within a 12-foot radius of open food or
				food-contact surfaces and may not be located above food, clean equipment and
				utensils, food contact surfaces, and single-service and single-use articles;
				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 44:02:07:88 - Storage of personal care items, medicines, and first aid supplies

Current through Register Vol. 51, page 10, July 15, 2024
Personal care items, medicines, and first aid supplies must
				  be stored to prevent contamination of food, equipment, utensils, linens, and
				  single-service and single-use articles.
Only those medicines that are necessary for the health of the
				  employees may be allowed in a food establishment. Medicines for the employees'
				  use must be labeled. Medicines belonging to employees that require
				  refrigeration and are stored in a food refrigerator must be stored in a package
				  or container that is covered and leakproof and is located on the lowest
				  shelf.
First aid supplies that are in a food establishment for the
				  employees' use must be labeled and stored separately.
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 44:02:07:89 - Prohibiting animals

Current through Register Vol. 51, page 10, July 15, 2024
Live animals may be allowed on the premises of a food
				  establishment only as follows and only if the contamination of food; clean
				  equipment, utensils, and linens; and unwrapped single-service and single-use
				  articles does not result:
(1) Edible
				fish or decorative fish in aquariums, shellfish or crustacea on ice or under
				refrigeration, and shellfish and crustacea in display tank systems;
(2) Patrol dogs accompanying police or
				security officers in offices and dining, sales, and storage areas and sentry
				dogs running loose in outside fenced areas;
(3) In areas that are not used for food
				preparation, such as dining and sales areas, support animals that are trained
				to assist an employee or other person who is disabled, are controlled by the
				disabled employee or person, and are not allowed to be on seats or tables, such
				as guide dogs; and
(4) Decorative
				animals in the dining areas as long as they are confined away from the tables
				and consumers, and the animal's living quarters are kept clean.
Live or dead fish bait must be stored so that contamination
				  of food; clean equipment, utensils, and linens; and unwrapped single-service
				  and single-use articles does not result.
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 44:02:07:91 - Mobile food service establishment servicing operations

Current through Register Vol. 51, page 10, July 15, 2024
Those mobile food service units requiring serving operations
				  must return daily to a servicing area at a commissary or fixed food
				  establishment for normal servicing operations. The servicing area must include
				  at least overhead protection for any supplying, cleaning, or servicing
				  operations. The floor surface of the servicing area must be constructed of a
				  smooth, nonabsorbent material such as concrete or machine-laid asphalt that is
				  sloped to drain and is maintained clean and in good repair. If mobile units
				  contain waste holding tanks, there must be a location within the servicing area
				  for the flushing and draining of liquid wastes that is totally separate from
				  other operations.
The normal servicing operations of a mobile food service
				  establishment include the following:
(1) Flushing and sanitizing the water tank,
				pump if provided, water lines, and hoses;
(2) Dumping sewage and flushing the waste
				retention tank;
(3) Cleaning and
				sanitizing equipment, utensils, food-contact surfaces, and nonfood-contact
				surfaces;
(4) Repairing or
				replacing equipment and utensils; and
(5) Replenishing supplies, including food
				items, single-service articles, paper goods, soaps, and chemicals.
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 44:02:07:92 - Limited-menu mobile food service establishment

Current through Register Vol. 51, page 10, July 15, 2024
A limited-menu mobile food service establishment must comply
				  with all the requirements of this chapter, except as otherwise provided in this
				  section and in §§
									44:02:07:90 and
				  44:02:07:91. If only one utensil
				  is used, such as a scoop, spoon, dipper, or tongs, the warewashing requirements
				  are waived and the utensil may be cleaned and sanitized in the handwashing
				  sink.
A limited-menu mobile food service establishment may only
				  serve a limited menu that contains food and beverage that are not potentially
				  hazardous and require no special handling or holding facilities. Items normally
				  served from a limited menu include popcorn, cotton candy, snow cones, shaved
				  ice, peanuts, soft drinks, mini donuts, caramel corn, taffy, and caramel
				  apples. However, hot dogs, frankfurters, and precooked sausages that are
				  prepared on-site and are held and dispensed at the required temperatures using
				  only a single utensil may be served. Items not included on a limited menu are
				  products that have added toppings, such as chili or cheese, and corndogs or
				  other specialty items.
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 44:02:07:94 - Variances

Current through Register Vol. 51, page 10, July 15, 2024
The regulatory authority may grant a variance by modifying or
				  waiving 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 may require the following information for its
				  records on the food establishment:
(1)
				A statement by the petitioner of the proposed variance citing relevant section
				numbers;
(2) A rationale by the
				petitioner explaining how the potential public health hazards addressed by the
				relevant sections will be alternatively addressed by the proposal;
(3) A HACCP plan, if one is required, from
				the person requesting the variance that includes the information required for a
				HACCP plan and its relevance to the variance requested.
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 44:02:07:95 - Demonstration of conformance with variance

Current through Register Vol. 51, page 10, July 15, 2024
If the regulatory authority grants a variance, the license
				  holder must demonstrate conformance with approved procedures as follows:
(1) Comply with the HACCP plan, if one is
				required, or procedures that are submitted and approved as a basis for the
				modification or waiver; and
(2)
				Maintain and provide to the regulatory authority, upon request, records that
				demonstrate that the following are routinely employed:
(a) Procedures for monitoring critical
				control points;
(b) Monitoring of
				the critical control points;
(c)
				Verification of the effectiveness of an operation or process; and
(d) Necessary corrective actions if there is
				failure at a critical control point.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:96 - Submission of a HACCP plan

Current through Register Vol. 51, page 10, July 15, 2024
A HACCP plan must be submitted to the regulatory authority
				  under the following conditions:
(1) A
				HACCP plan is required by this chapter;
(2) A variance is required for a specialized
				processing method, specialized food handling method, or specialized food;
				or
(3) The regulatory authority
				determines that a food preparation or processing method requires a variance
				based on a plan submittal, an inspectional finding, or a variance
				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 44:02:07:97 - Contents of a HACCP plan

Current through Register Vol. 51, page 10, July 15, 2024
A food establishment that is required to submit a HACCP plan
				  must develop a plan within 30 days of notification that contains the following
				  information:
(1) A categorization of
				the types of potentially hazardous foods that are specified in the menu, such
				as soups and sauces, salads, and solid foods in bulk, such as meat roasts, or
				of other foods that are specified by the regulatory authority;
(2) A flow diagram by specific food or
				category identifying critical control points and providing information on the
				following:
(a) Ingredients, materials, and
				equipment used in the preparation of that food; and
(b) Formulations or recipes that delineate
				methods and procedural control measures that address the food safety concerns
				involved;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:98 - Food service manager certification

Current through Register Vol. 51, page 10, July 15, 2024
A certified food service manager must have had a minimum of
				  eight hours of classroom instruction and passed a certifying test from an
				  approved food service manager certification course that is equivalent to or
				  exceeds the requirements as set forth in the 1995 ServSafe Serving Safe Food
				  certification course of the Educational Foundation of the National Restaurant
				  Association.
The regulatory authority may approve certification from
				  another food service certification course or from another state if
				  documentation and instructional course content is provided which is
				  substantially the same as that of the Educational Foundation of the National
				  Restaurant Association.
A food service manager must be recertified every four years
				  by attending a minimum of four hours of classroom instruction and passing a
				  recertification test from an approved food service manager recertification
				  course that is equivalent to or exceeds the requirements as set forth in the
				  1996 ServSafe Serving Safe Food - Food Safety Review recertification course of
				  the Educational Foundation of the National Restaurant Association.
Temporary food service establishments are exempt from the
				  Food Service Manager Certification requirements.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
Note:
Courses offered by the Restaurant
					 Division of the South Dakota Retailers Association, PO Box 638, Pierre, SD
					 57501 ( 1-800-658 -5545).
"ServSafe Serving Safe Food Certification Coursebook," 1995
					 edition, The Educational Foundation of the National Restaurant Association.
					 Copies are available from The Educational Foundation of the National Restaurant
					 Association, Technical Education Department, 250 South Wacker Drive, Suite
					 1400, Chicago, IL 60606-5834 ( 312-715-1010) for $50 and $2.50 shipping and
					 handling.
"ServSafe Serving Safe Food - Food Safety Review
					 Coursebook," 1996 edition, The Educational Foundation of the National
					 Restaurant Association. Copies are available from The Educational Foundation of
					 the National Restaurant Association, Technical Education Department, 250 South
					 Wacker Drive, Suite 1400, Chicago, IL 60606-5834 ( 312-715-1010) for $32 and
					 $1.60 shipping and handling.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:08 - Vacation homes › Section 44:02:08:02 - Water supply

Current through Register Vol. 51, page 10, July 15, 2024
The owner shall provide an accessible, adequate, and safe
				  supply of water to each lodging facility. If a public water system of the
				  quantity, quality, and pressure approved by the Department of Environment and
				  Natural Resources is available, the owner shall provide that a connection is
				  made to the system and the system's water supply is used exclusively. The owner
				  of a private water system shall submit water samples quarterly to an
				  EPA-certified laboratory for bacteriological analysis while the vacation home
				  establishment is in operation. The owner shall submit a nitrate test of the
				  water supply system yearly. The owner of a private water system shall report
				  any unsafe water sample to the department within three days. If an unsafe
				  drinking water sample is reported, the facility shall provide two consecutive
				  safe water samples prior to allowing the public to use the private water
				  supply. The water supply shall be of sufficient quantity to meet the maximum
				  daily demand.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
Water hygiene, art
					 74:04.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:08 - Vacation homes › Section 44:02:08:03 - Guest room toilet and bathing facilities

Current through Register Vol. 51, page 10, July 15, 2024
Each vacation home establishment shall provide toilet,
				  lavatory, and bathing facilities. In establishments providing toilet, lavatory,
				  and bathing facilities shared by more than one guest room, the facilities must
				  be provided in the ratio of one water closet, lavatory, and shower or bathtub
				  or bathtub and shower combination for every ten guests. To determine the number
				  of guests, a one bed unit is designated for two people, and a two-bed unit is
				  designated for four people. Soap, toilet tissue, and clean washcloths and
				  towels must be provided for each guest or guest room. All facilities must be
				  provided with hot and cold running water under pressure to each lavatory,
				  shower, bathtub, and bathtub and shower combination. The hot water must be a
				  minimum of 110 degrees Fahrenheit and at a maximum temperature of 120 degrees
				  Fahrenheit at the tap. Each shower, bathtub, and bathtub and shower combination
				  shall be provided with individual control valves of the pressure balance,
				  thermostatic, or combination pressure balance and thermostatic mixing valve
				  type that provide scald and thermal shock protection. Bathing or shower
				  facilities must have a nonslip floor surface, such as a manufactured nonslip
				  bathtub or shower unit, a rubberized throw mat, or adhesive-backed nonslip
				  strips. All toilets, lavatories, and bathing fixtures must be kept clean,
				  sanitary, and in good repair when the guest room is in use and between stays of
				  different guests. Restroom fixtures must be cleaned and sanitized between guest
				  stays.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
State Plumbing Code, art
					 20:54.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:08 - Vacation homes › Section 44:02:08:04 - Garbage and rubbish storage and disposal

Current through Register Vol. 51, page 10, July 15, 2024
Guest rooms must be provided with waste collection containers
				  that are either lined with plastic bags or cleaned and sanitized between
				  guests. All stored garbage and rubbish must be kept in leakproof, nonabsorbent
				  containers which are kept covered with tight-fitting lids when filled, stored,
				  or not in continuous use. Accessibility by insects, rodents, and other animals
				  must be minimized. Disposal must be done at least twice weekly or as frequently
				  as needed by volume or conditions. If an establishment collects and transports
				  its own refuse, the refuse must be in covered leakproof nonabsorbent vehicles
				  or containers. Disposal of garbage and rubbish may not create a health
				  hazard.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:08 - Vacation homes › Section 44:02:08:05 - Vermin control

Current through Register Vol. 51, page 10, July 15, 2024
A vacation home establishment must be constructed, equipped,
				  and maintained to prevent the entrance, harborage, or breeding of flies,
				  roaches, rats, mice, bed bugs, and all other insects and vermin. Specific means
				  necessary for the elimination of such pests, such as cleaning, renovation, or
				  fumigation, must be used. The department may require the facility to hire a
				  professional exterminator to exterminate pests under the following
				  conditions:
(1) The infestation is so
				extensive that it is unlikely a nonprofessional can eradicate the pests
				effectively;
(2) The chosen method
				of extermination can only be carried out by a licensed professional
				exterminator; or
(3) The department
				finds that an establishment has not been brought into compliance with a prior
				order to rid the establishment of pests.
Regularly scheduled professional extermination services shall
				  be required following the determination of an excessive pest infestation by the
				  department.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:08 - Vacation homes › Section 44:02:08:06 - Lighting

Current through Register Vol. 51, page 10, July 15, 2024
All rooms and areas used by guests and all other rooms or
				  spaces in which lighting is essential to the efficiency and safety of the
				  business operation must be well lighted. A minimum of 10 foot candles of
				  nonglare light must be provided on all surfaces. Those areas used for reading,
				  shaving, or application of cosmetics must be provided with a minimum of 30 foot
				  candles of light.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.