reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:06 - Bed and breakfast establishments › Section 44:02:06:04 - 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 bed and
				  breakfast 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 44:02:06 - Bed and breakfast establishments › Section 44:02:06:05 - Ice

Current through Register Vol. 51, page 10, July 15, 2024
Ice must be manufactured, stored, transported, and handled in
				  a sanitary manner. Processes and controls must be designed and monitored to
				  ensure that neither the product nor the product area is subject to
				  contamination. Ice must be dispensed with scoops, tongs, or other
				  ice-dispensing utensils or through automatic self-service ice-dispensing
				  equipment. Ice-dispensing utensils must be stored on a clean surface or in the
				  ice with the dispensing handle extending out of the ice. Scooping of ice with a
				  cup, glass, or similar container is prohibited. Ice storage bins must be
				  drained through an air gap. Automatic self-service ice-dispensing equipment
				  must be used when accessible to the public. Bagged ice from an approved source
				  is acceptable.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
Food Service Code, ch 44:02:07.
State Plumbing Code, art 20:54.
Water hygiene, art
					 74:04.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:06 - Bed and breakfast establishments › Section 44:02:06:06 - Toilet and bathing facilities

Current through Register Vol. 51, page 10, July 15, 2024
Soap, toilet tissue, and clean washcloths and towels must be
				  provided for each guest or guest room. Hot and cold running water under
				  pressure must be provided to each lavatory, shower, bathtub, and bathtub and
				  shower combination. The hot water must be at 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. 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 44:02:06 - Bed and breakfast establishments › Section 44:02:06:07 - 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 44:02:06 - Bed and breakfast establishments › Section 44:02:06:08 - Vermin control

Current through Register Vol. 51, page 10, July 15, 2024
Bed and breakfast establishments must be constructed,
				  equipped, and maintained to prevent the entrance, harborage, or breeding of
				  flies, roaches, rats, mice, 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 evidence that an infestation is still present and the establishment has
				not taken proper steps to eliminate the vermin problem.
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 44:02:06 - Bed and breakfast establishments › Section 44:02:06:09 - 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.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:06 - Bed and breakfast establishments › Section 44:02:06:10 - Ventilation

Current through Register Vol. 51, page 10, July 15, 2024
Bathrooms and toilet rooms must be provided with either
				  natural or mechanical ventilation connected directly to the outside. Mechanical
				  clothes dryers must be vented to the outside air. When vented to the outside
				  air, the discharge may not create a health hazard.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
2006 International Building Code, ch 12, sec
					 1203.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:06 - Bed and breakfast establishments › Section 44:02:06:11 - Heating equipment

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall have a heating system capable of
				  maintaining a temperature between 65 degrees Fahrenheit and 75 degrees
				  Fahrenheit. Any heating equipment, if fuel-burning, shall be inspected at least
				  once a year by a person in the business of heating system maintenance (which
				  includes hot water heaters, primary heating sources, and secondary heating
				  sources). A written verification of the inspection must be kept on file in the
				  facility with the date of inspection, a written statement by the person making
				  the inspection, and that person's signature.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
2006 International Building Code, ch 12, sec
					 1204.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:06 - Bed and breakfast establishments › Section 44:02:06:12 - Bedding and linen

Current through Register Vol. 51, page 10, July 15, 2024
Bed and breakfast establishments must furnish each guest with
				  clean sheets and pillow cases for the bed, bunk, or cot to be occupied by the
				  guest. Sheets must be of sufficient width and length to cover the mattress
				  completely. All bath linen, sheets, and pillow cases used by one guest must be
				  washed and mechanically dried before being furnished to another guest. All
				  bedding, including mattresses, mattress pads, quilts, blankets, pillows,
				  sheets, and spreads, and all bath linen must be kept clean, in good repair, and
				  stored in a sanitary manner. Soiled linens, uniforms, and other garments must
				  be kept separate from clean linens to prevent cross-contamination. All clean
				  linens must be stored on smooth, nonabsorbent, cleanable surfaces located a
				  minimum of six inches above the floor.
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 44:02:06 - Bed and breakfast establishments › Section 44:02:06:13 - Housekeeping

Current through Register Vol. 51, page 10, July 15, 2024
All parts of the bed and breakfast establishment and its
				  premises must be kept neat, clean, in good repair, and free from litter and
				  rubbish. Housekeeping operations and conditions may not constitute a health
				  hazard. Cleaning operations must be conducted in a manner which minimizes
				  contamination of facilities. A sanitizer or disinfectant or both must be used
				  on all contact surfaces to prevent the spread of disease. All cleaners,
				  sanitizers, and disinfectants must comply with
				  40 C.F.R. §
										180.940, June 23, 2004. Cleaning equipment,
				  supplies insecticides, paints, and other toxic or hazardous products must be
				  stored in a manner to minimize health risks. An ingredient label and "direction
				  for use" label on each chemical being used must be readily available for
				  reference or inspection. All containers used for dispensing these chemicals
				  must be prominently and distinctively labeled for identification of contents.
				  The use of carpeting in toilet rooms and bathing facilities is
				  prohibited.
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 44:02:06 - Bed and breakfast establishments › Section 44:02:06:14 - Hazardous condition

Current through Register Vol. 51, page 10, July 15, 2024
If, during the course of a routine inspection, the department
				  discovers an obvious health hazard or other hazardous condition which presents
				  an imminent danger to individuals, the department may require the owner of the
				  bed and breakfast establishment to remove or correct the hazardous
				  condition.
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 44:02:06 - Bed and breakfast establishments › Section 44:02:06:15 - Water recreation facilities

Current through Register Vol. 51, page 10, July 15, 2024
All water recreation facilities, including swimming pools,
				  spas, and water slides operated by a bed and breakfast establishment and used
				  by guests or the public, must be designed, constructed, and maintained using
				  the "Recommended Standards for Swimming Pool Design and Operation," 1996
				  edition.
The owner or operator of a swimming pool, spa, or other water
				  recreational facility shall collect and submit at least one water sample
				  monthly while in operation for each swimming pool, spa, or other water
				  recreational facility under the owner's or operator's control to an
				  EPA-certified laboratory for bacteriological analysis. The owner or operator
				  shall report any unsafe water sample test results to the department within
				  three days after receipt of such test results. Upon the receipt of a positive
				  water sample the owner or operator of the facility shall submit two consecutive
				  negative samples to the department to confirm treatment procedures have
				  eliminated the contamination. If a resample test is positive, the facility
				  shall close the affected water recreational facility and submit two consecutive
				  negative samples prior to allowing guest use of affected water recreational
				  facility. A colorimetric test kit is required for the monitoring and adjusting
				  of disinfectant levels and pH in a swimming pool, spa, or other water
				  recreational facilities. A weekly log of disinfectant levels and pH must be
				  maintained by the owner or operator of the facility.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
"Recommended Standards for Swimming Pool Design and
					 Operation," 1996 edition, Great Lakes-Upper Mississippi River Board of State
					 and Provincial Public Health and Environmental Managers. Copies are available
					 at no cost from the Office of Health Protection, South Dakota Health
					 Department, 615 East 4th Street, Pierre, SD
					 57501.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:06 - Bed and breakfast establishments › Section 44:02:06:16 - Food supplies

Current through Register Vol. 51, page 10, July 15, 2024
Food must be free from adulteration or other contamination
				  and must be safe for human consumption. Food must be obtained from sources who
				  comply with state law. Home canned foods are prohibited.
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 44:02:06 - Bed and breakfast establishments › Section 44:02:06:17 - Potentially hazardous foods

Current through Register Vol. 51, page 10, July 15, 2024
Potentially hazardous foods requiring cooking must be cooked
				  to heat all parts of the food to a temperature of at least 135 degrees
				  Fahrenheit. The food must be held at that temperature until it is served or it
				  must be immediately refrigerated and held at 41 degrees Fahrenheit or below,
				  with the exception of the following:
(1) Poultry, poultry stuffings, stuffed
				meats, and stuffings containing meat must be cooked to heat all parts of the
				food to at least 165 degrees Fahrenheit with no interruptions in the cooking
				process;
(2) Pork and any food
				containing pork must be cooked to heat all parts of the food to at least 145
				degrees Fahrenheit;
(3) Roast beef
				must be prepared by a cooking procedure that produces a minimum temperature of
				130 degrees Fahrenheit in all parts for a minimum of two hours of each roast
				unless otherwise ordered by the immediate consumer;
(4) All ground meats must be cooked to heat
				all parts of the food to at least 155 degrees Fahrenheit.
Noncorrosive metal stem-type numerically scaled indicating
				  thermometers accurate to ±3 degrees Fahrenheit must be provided and used
				  to assure the attainment and maintenance of proper internal cooking, holding,
				  or refrigeration temperatures of all potentially hazardous
				  foods.
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 44:02:06 - Bed and breakfast establishments › Section 44:02:06:18 - Thawing potentially hazardous foods

Current through Register Vol. 51, page 10, July 15, 2024
Potentially hazardous foods must be thawed in the following
				  manner:
(1) In refrigerated units at a
				temperature not over 41 degrees Fahrenheit;
(2) Under potable running water of a
				temperature of 70 degrees Fahrenheit or below, with sufficient water velocity
				to agitate and float off loose food particles into the overflow;
(3) In a microwave oven only when the food
				will be immediately transferred to conventional cooking facilities as part of a
				continuous cooking process or when the entire, uninterrupted cooking process
				takes place in the microwave oven; or
(4) As part of the conventional cooking
				process.
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 44:02:06 - Bed and breakfast establishments › Section 44:02:06:19 - Food protection

Current through Register Vol. 51, page 10, July 15, 2024
While being stored, prepared, displayed, served, or
				  transported, food must be protected from potential contamination. All food
				  service operations must be carried out in a sanitary manner. Glasses, pitchers,
				  ice buckets, and other utensils used for ice, food, or drink by guests must be
				  cleaned and sanitized between guests.
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 44:02:06 - Bed and breakfast establishments › Section 44:02:06:20 - Pets

Current through Register Vol. 51, page 10, July 15, 2024
A pet present at the facility must in good health, show no
				  evidence of carrying any disease, and have the necessary vaccinations. Pets
				  must be excluded from food preparation areas.
General Authority:
SDCL
					 26-6-16.
Law Implemented:
SDCL
					 26-6-16.
NOTE:
Counties and municipalities set
					 vaccination requirements for pets.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:06 - Bed and breakfast establishments › Section 44:02:06:21 - Inspection of registered bed and breakfast establishments required

Current through Register Vol. 51, page 10, July 15, 2024
Each bed and breakfast establishment which is registered must
				  be inspected for compliance with the provisions of this chapter by a
				  representative of the department.
General Authority:
SDCL
					 34-18-25.1,
					 34-18-25.2,
					 34-18-26.
Law Implemented:
SDCL
					 34-18-9.1,
					 34-18-9.2,
					 34-18-9.3,
					 34-18-9.4.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Words defined in SDCL 34-18-1 have the same meaning when used
				  in this chapter. In addition, the terms used in this chapter mean:
(1) "Adulterated," one or more of the
				following conditions of food:
(a) Bears or
				contains a poisonous or deleterious substance in a quantity which may render it
				injurious to health;
(b) Bears or
				contains a poisonous or deleterious substance for which no safe tolerance has
				been established by law or is in excess of such a tolerance if one has been
				established;
(c) Consists in whole
				or in part of any filthy, putrid, or decomposed substance or otherwise is unfit
				for human consumption;
(d) Has been
				processed, prepared, packed, or held under unsanitary conditions, by which it
				may have become contaminated with filth or rendered injurious to
				health;
(e) Is in whole or in part
				the product of a diseased animal or an animal which has died otherwise than by
				slaughter; or
(f) Is contained in a
				container which is composed in whole or in part of any poisonous or deleterious
				substance which may render the contents injurious to health:
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:02 - Interpretation

Current through Register Vol. 51, page 10, July 15, 2024
Interpretation of the rules in this chapter must conform to
				  the public health reasons given after the rules in annex 3, of the Food Code,
				  U.S. Public Health Service, 1995, pages 1 to 69, inclusive, printed September
				  1995.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
Pages 1 to 69 in annex 3, inclusive, of the 1995 Food
					 Code, September 1995, published by the U.S. Department of Health and Human
					 Services, Public Health Service, Food and Drug Administration, Pub. No.
					 PB95-265492CEH. Copies are available from the U.S. Department of Commerce,
					 Technology Administration, National Technical Information Service, 5285 Port
					 Royal Road, Springfield, VA 22161 ( 703-487-4650) for $25 and $4 shipping and
					 handling.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:03 - Person in charge

Current through Register Vol. 51, page 10, July 15, 2024
The license holder must be the person in charge or must
				  designate a person in charge that oversees all food service operations in the
				  food establishment. A person in charge must be designated for each work shift.
				  At least one person in charge in each establishment must be a certified food
				  service manager. Prior to opening, all new food service establishments and
				  mobile food service establishments must have a certified food service manager
				  as the person in charge. Upon a change of ownership of a food service
				  establishment or mobile food service establishment, a 90-day grace period from
				  the date the ownership change takes place will be given to implement a
				  certified food service manager as the person in charge. By July 1, 2000, all
				  existing food service establishments and mobile food service establishments
				  must have a certified food service manager as the person in charge. When a
				  certified food service manager leaves an establishment, the establishment has a
				  90-day grace period to obtain another certified food service manager. Temporary
				  food service establishments are exempt from the food service manager
				  certification requirement.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.
Food service manager certification, §
											44:02:07:98.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:04 - Demonstration of knowledge by person in charge

Current through Register Vol. 51, page 10, July 15, 2024
Based on the risks of foodborne illness inherent to the food
				  operation, during inspections and upon request, the person in charge must be
				  able to demonstrate to the regulatory authority, that the person has knowledge
				  of foodborne disease prevention, application of the Hazard Analysis Critical
				  Control Point principles, and the requirements of this chapter as it relates to
				  the food operation. The person in charge must demonstrate this knowledge by
				  means of the following:
(1) Describing
				the relationship between the prevention of foodborne disease and the personal
				hygiene of a food employee;
(2)
				Explaining the responsibility of the person in charge for preventing the
				transmission of foodborne disease by a food employee who has a disease or
				medical condition that may cause foodborne disease;
(3) Describing diseases that are
				transmissible through food and the symptoms associated with the
				diseases;
(4) Explaining the
				significance of the relationship between maintaining the time and temperature
				of potentially hazardous food and the prevention of foodborne
				illness;
(5) Explaining the hazards
				involved in the consumption of raw or undercooked meat, poultry, eggs, and
				fish;
(6) Stating the required food
				temperatures and times for safe cooking of potentially hazardous food,
				including meat, poultry, eggs, and fish;
(7) Stating the required temperatures and
				times for the safe refrigerated storage, hot holding, cooling, and reheating of
				potentially hazardous food;
(8)
				Describing the relationship between the prevention of foodborne illness and the
				management and control of the following:
(a)
				Cross-contamination;
(b) Hand
				contact with ready-to-eat foods;
(c) Handwashing; and
(d) Maintaining the food establishment in a
				clean condition and in good repair;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:05 - Duties of person in charge

Current through Register Vol. 51, page 10, July 15, 2024
The person in charge must ensure that:
(1) Persons unnecessary to the food
				establishment operation are not allowed in the food preparation, food storage,
				or warewashing areas;
(2) Employees
				and other persons, such as delivery and maintenance persons and pesticide
				applicators entering the food preparation, food storage, and warewashing areas,
				comply with this chapter;
(3)
				Employees are effectively cleaning their hands, by routinely monitoring the
				employees' handwashing;
(4)
				Employees are visibly observing foods as they are received to determine that
				they are from approved sources, delivered at the required temperatures,
				protected from contamination, unadulterated, and accurately
				presented;
(5) Employees are
				properly cooking potentially hazardous food as specified in §
									44:02:07:28, being particularly
				careful in cooking those foods known to cause severe foodborne illness and
				death, such as eggs and comminuted meats;
(6) Employees are using proper methods to
				rapidly cool potentially hazardous foods as specified in §
									44:02:07:32 that are not held hot
				or are not for consumption within four hours;
(7) Consumers who order raw or partially
				cooked foods of animal origin are informed that the food is not cooked
				sufficiently to ensure its safety;
(8) Employees are properly sanitizing cleaned
				multiuse equipment and utensils as specified in §§
									44:02:07:56 and
				44:02:07:58 before they are
				reused; and
(9) Consumers are
				notified that clean tableware is to be used when they return to self-service
				areas such as salad bars and buffets as specified in §
									44:02:07:25.
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 44:02:07:06 - Employee health - Reportable information

Current through Register Vol. 51, page 10, July 15, 2024
The license holder must require food employee applicants to
				  whom a conditional offer of employment is made and current food employees to
				  report information to the person in charge about their health and activities as
				  they relate to diseases that are transmissible through food, including the date
				  of onset of jaundice or of an illness specified in subdivision (1) of this
				  section. A food employee or applicant must report the information in a manner
				  that allows the person in charge to prevent the likelihood of food borne
				  disease transmission. Information is reportable if the food employee or
				  applicant meets any of the following conditions:
(1) Is diagnosed with an illness due to:
(a)
Salmonella spp.
;
(b)
Shigella spp.
;
(c)
Escherichia coli
				O157:H7
;
(d) Hepatitis A
				virus; or
(e) Other diseases
				transmissible through food such as:
(i)
				Amebiasis;
(ii)Campylobacteriosis;
(iii) Cholera;
(iv) Norwalk virus;
(v) Giardiasis;
(vi) Staphylococcal or streptococcal
				infections; or
(vii)
				Yersiniosis;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:07 - Employee exclusions and restrictions

Current through Register Vol. 51, page 10, July 15, 2024
The person in charge must exclude an ill employee or advise
				  the employee to seek medical diagnosis. Upon receipt of medical documentation,
				  the person in charge must restrict or exclude the employee in the following
				  manner:
(1) Exclude a food employee
				from a food establishment if the food employee is diagnosed with an infectious
				agent specified in subdivision 44:02:07:06(1);
(2) Except as specified under subdivision (3)
				of this section, restrict a food employee from working with exposed food; clean
				equipment, utensils, and linens; and unwrapped single-service and single-use
				articles in a food establishment if the food employee is:
(a) Suffering from a symptom specified in
				subdivision 44:02:07:06(2); or
(b)
				Is not experiencing a symptom of acute gastroenteritis specified in subdivision
				44:02:07:06(2)(a) but has a stool that yields a specimen culture that is
				positive for
Salmonella spp.
or
Shigella
				spp.
;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:08 - Removal of employee exclusions for certain illnesses

Current through Register Vol. 51, page 10, July 15, 2024
The person in charge may remove an exclusion specified in
				  subdivision 44:02:07:07(1) if the person in charge obtains approval from the
				  regulatory authority or if the person excluded provides to the person in charge
				  written medical documentation from a physician that specifies that the excluded
				  person:
(1) May work in an
				unrestricted capacity in a food establishment, including an establishment that
				serves a highly susceptible population, because the person is free of:
(a) The infectious agent of concern;
				or
(b) Symptoms, if hepatitis A
				virus is the infectious agent of concern; or
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:09 - Removal of employee restrictions for certain symptoms

Current through Register Vol. 51, page 10, July 15, 2024
The person in charge may remove restrictions as
				  follows:
(1) A restriction specified
				in subdivision 44:02:07:07(2)(a) if the restricted person:
(a) Is free of the symptoms specified in
				subdivision 44:02:07:06(2) and no foodborne illness occurs that may have been
				caused by the restricted person;
(b) Is suspected of causing foodborne illness
				but is free of the symptoms specified in subdivision 44:02:07:06(2) and
				provides written medical documentation from a physician stating the following:
(i) That the restricted person is free of the
				infectious agent that is suspected of causing the person's symptoms or causing
				foodborne illness; or
(ii)That the
				symptoms experienced result from a chronic noninfectious condition, such as
				ulcerative colitis or irritable bowel syndrome; or
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:10 - Removal of exclusions - Highly susceptible population

Current through Register Vol. 51, page 10, July 15, 2024
The person in charge may remove an exclusion specified in
				  subdivision 44:02:07:07(3) if the excluded person provides written medical
				  documentation from a physician that the person is free of
Salmonella
				  spp.
,
Shigella spp.
,
E. Coli O157:H7
,
				  hepatitis A virus infection, or other disease transmissible through food,
				  whichever is the infectious agent of concern.
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 44:02:07:11 - Removal of exclusions and restrictions for jaundice

Current through Register Vol. 51, page 10, July 15, 2024
The person in charge may remove an exclusion specified in
				  subdivisions 44:02:07:07(4)(a) and (4)(b)(i) and a restriction specified in
				  subdivision 44:02:07:07(4)(b)(ii) if:
(1) No foodborne illness occurs that may have
				been caused by the excluded or restricted person and the person:
(a) Provides written medical documentation
				from a physician stating that the person is free of hepatitis A virus;
				or
(b) Is no longer jaundiced;
				or
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:12 - Release of employee from restriction or exclusion by the regulatory authority

Current through Register Vol. 51, page 10, July 15, 2024
The regulatory authority may release an employee from
				  restriction or exclusion based on medical documentation from a physician or the
				  following conditions:
(1) An employee
				who was infected with
Salmonella spp.
,
Shigella spp.
,
				or
Escherichia coli O157:H7
if the employee's stools are negative
				for
Salmonella spp.
,
Shigella spp.
, or
E. coli
				O157:H7
based on testing of two consecutive stool specimen cultures that
				are taken:
(a) Not earlier than 48 hours after
				discontinuance of antibiotics; and
(b) At least 24 hours apart; or
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:07 - Food service code › Section 44:02:07:13 - General employee cleanliness

Current through Register Vol. 51, page 10, July 15, 2024
Employees must vigorously wash their hands and the exposed
				  portions of their arms with soap and arm water for at least 20 seconds at the
				  following times:
(1) Immediately
				before engaging in food preparation, including working with exposed food, clean
				equipment and utensils, and unwrapped single-service and single-use
				articles;
(2) During food
				preparation, as often as necessary to remove soil and contamination and to
				prevent cross-contamination when changing tasks;
(3) When switching between working with raw
				foods and working with ready-to-eat foods;
(4) After handling soiled equipment or
				utensils;
(5) After coughing,
				sneezing, using a handkerchief or disposable tissue, using tobacco, eating, or
				drinking;
(6) After using the
				toilet room;
(7) After eating,
				drinking, or smoking;
(8) After
				touching bare human body parts other than clean hands and clean, exposed
				portions of arms;
(9) After caring
				for or handling support animals; or
(10) After engaging in other activities that
				contaminate the hands.
Food employees must clean their hands in a handwashing
				  lavatory and may not clean their hands in a sink used for food preparation or
				  in a service sink or a curbed cleaning facility used for the disposal of mop
				  water and similar liquid waste.
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 44:02:07:14 - General employee practices

Current through Register Vol. 51, page 10, July 15, 2024
Employee practices must conform to the following
				  requirements:
(1) Food employees must
				keep their fingernails trimmed, filed, and maintained so the edges and surfaces
				are cleanable and not rough;
(2)
				While preparing food, food employees may not wear jewelry on their arms and
				hands;
(3) Food employees must wear
				clean outer clothing. If uniforms are not provided, clean outer coverings must
				be worn over clothing or the employee must change to clean clothing if their
				clothing is soiled;
(4) A food
				employee may eat, drink, or use any form of tobacco only in designated areas
				where the contamination of exposed food; clean equipment, utensils, and linens;
				unwrapped single-service and single-use articles; or other items needing
				protection cannot result. However, an employee may drink from a closed beverage
				container if the container is handled to prevent contamination of the
				employee's hands; the container; exposed food; clean equipment, utensils, and
				linens; and unwrapped single-service and single-use articles;
(5) Food employees experiencing persistent
				sneezing, coughing, or runny nose that causes discharges from the eyes, nose,
				or mouth may not work with exposed food; clean equipment, utensils, and linens;
				or unwrapped single-service or single-use articles;
(6) Food employees must wear hair restraints
				such as hats, hair coverings or nets, beard restraints, and clothing that
				covers body hair. The hair restraints must be designed and worn to effectively
				keep hair from contacting exposed food; clean equipment, utensils, and linens;
				and unwrapped single-service and single-use articles; and
(7) Employees must maintain a high degree of
				personal cleanliness and must conform to the hygienic practices of this section
				during all working periods in the food 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 44:02:07:15 - Food supplies

Current through Register Vol. 51, page 10, July 15, 2024
Food must be free from adulteration or other contamination
				  and must be safe for human consumption. Food must be obtained from approved
				  sources. Food in hermetically sealed containers must be obtained from a good
				  processing plant that is regulated by the food regulatory agency that has
				  jurisdiction over the plant. Food prepared in a private home may not be used or
				  offered for human consumption in a licensed food
				  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 44:02:07:17 - Food additives

Current through Register Vol. 51, page 10, July 15, 2024
Food may not contain unapproved food additives or additives
				  that exceed amounts allowed in 20 C.F.R. 170 - 180, April 1, 1996, relating to
				  food additives, generally recognized as safe or prior sanctioned substances
				  that exceed amounts allowed in 21 C.F.R. 181 - 186, April 1, 1996, or pesticide
				  residues that exceed provisions specified in 40 C.F.R. 185, July 1, 1996,
				  administered by the EPA.
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 44:02:07:18 - Potentially hazardous food

Current through Register Vol. 51, page 10, July 15, 2024
Potentially hazardous food is a food that may be natural or
				  synthetic and is in a form capable of supporting the rapid and progressive
				  growth of infectious or toxigenic microorganisms, the growth and toxin
				  production of
Clostridium botulinum
, or eggs in the shell, the
				  growth of
Salmonella enteritidis
.
Potentially hazardous food includes a food of animal origin
				  that is raw or heat-treated, a food of plant origin that is heat-treated or
				  consists of raw seed sprouts; cut melons; and garlic and oil mixtures.
				  Potentially hazardous food does not include the following:
(1) An air-cooled hard-boiled egg with shell
				intact;
(2) A food with a water
				activity aw value of 0.85 or less;
(3) A food with a hydrogen ion concentration
				pH level of 4.6 or below when measured at 24°C (75°F);
(4) A food, in an unopened hermetically
				sealed container, that is commercially processed to achieve and maintain
				sterility under conditions of nonrefrigerated storage and distribution;
				or
(5) A food for which a variance
				granted by the regulatory authority is based on laboratory evidence
				demonstrating that rapid and progressive growth of infectious and toxigenic
				microorganisms or the slower growth of
Clostridium botulinum
cannot 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 44:02:07:19 - Receiving temperature requirements for potentially hazardous food

Current through Register Vol. 51, page 10, July 15, 2024
Potentially hazardous foods must meet the following
				  temperature requirements upon receipt:
(1) Except as specified in subdivision (3) of
				this section, refrigerated potentially hazardous food must be at a temperature
				of 5°C (41°F) or below when received;
(2) Potentially hazardous food that is cooked
				as required under §§
									44:02:07:28 and
				44:02:07:29 and received hot must
				be received at a temperature of 60°C (140°F) or above;
(3) Potentially hazardous food may be
				received at the temperature specified in laws governing its distribution;
				and
(4) Potentially hazardous food
				must be free of evidence of previous temperature abuse.
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 44:02:07:20 - General food protection

Current through Register Vol. 51, page 10, July 15, 2024
Food must be protected at all times while being stored,
				  prepared, displayed, served, or transported from potential contamination,
				  including dust, insects, rodents, unclean equipment and utensils, unnecessary
				  handling, coughs and sneezes, flooding, drainage, overhead leakage, and
				  overhead dripping from condensation. The storage temperature of potentially
				  hazardous food must be at 5°C (41°F) or below or 60°C (140°F)
				  or above at all times.
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 44:02:07:21 - Preventing contamination by employees

Current through Register Vol. 51, page 10, July 15, 2024
Employees in a food establishment must adhere to the
				  following requirements to prevent contamination of food:
(1) Wash hands as specified under §
									44:02:07:13;
(2) Avoid contact with exposed ready-to-eat
				food with bare hands by using utensils such as deli tissue, spatulas, tongs,
				single-use gloves, or dispensing equipment. However, bare hand contact is
				allowed when washing fruits and vegetables or as otherwise authorized by the
				regulatory authority;
(3) Minimize
				contact of bare hands and arms with exposed food that is not in a ready-to-eat
				form;
(4) Use single-use gloves for
				only one task, such as working with ready-to-eat food or with raw animal food;
				use them for no other purpose; and discard them when they are damaged or soiled
				or when interruptions occur in the food operation; and
(5) Use a utensil only once to taste food
				that is to be sold or served.
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 44:02:07:22 - Preventing contamination during storage

Current through Register Vol. 51, page 10, July 15, 2024
Food must be stored as follows to prevent potential
				  contamination:
(1) Food must be stored
				in a clean, dry location where it is not exposed to splash, dust, or other
				contamination and is at least 15 centimeters (6 inches) above the
				floor;
(2) Food in packages and
				working containers may be stored less than 15 centimeters (6 inches) above the
				floor if it is stored on case lot handling equipment, such as dollies, racks,
				or pallets;
(3) Pressurized
				beverage containers; food in waterproof containers, such as bottles or cans in
				cases; and milk containers in plastic crates may be stored on a floor that is
				clean and not exposed to floor moisture;
(4) Food may not be stored in locker rooms;
				toilet rooms; dressing 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; under lines on which
				water has condensed; under open stairwells; or under other sources of
				contamination;
(5) Food packages
				must be in good condition and protect the integrity of the contents so that the
				food is not exposed to adulteration or potential contaminants;
(6) Working containers holding food or food
				ingredients that are removed from their original packages, such as cooking
				oils, flour, herbs, potato flakes, salt, spices, and sugar, must be identified
				with the common name of the food. The labeling must be on the container or on a
				nondetachable lid. Those containers holding food that can be readily and
				unmistakably recognized, such as dry pasta, need not be identified;
(7) Packaged food may not be stored in direct
				contact with water or undrained ice if the food is subject to the entry of
				water because of the nature of its packaging, wrapping, or container or its
				positioning in the water or ice;
(8) Whole raw fruits or vegetables, cut raw
				vegetables such as celery or carrot sticks, cut potatoes, and tofu may be
				immersed in ice or water; and
(9)
				Raw chicken and raw fish that are received immersed in ice in shipping
				containers may remain in that condition while in storage awaiting preparation,
				display, service, or sale.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-25.