South Dakota Administrative Code

Rule 44:02:02:09 Garbage and rubbish storage and disposal. 44:02:02:09. Garbage and rubbish storage and disposal. 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 …

Rule 44:02:02:10 Vermin control. 44:02:02:10. Vermin control. Hotels 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…

Rule 44:02:02:11 Condition of floors, walls, and ceilings. 44:02:02:11. Condition of floors, walls, and ceilings. The floors, walls, and ceilings of each hotel must be kept clean, in good repair, and in a sanitary condition at all times. The use of carpeting in toilet rooms, bath…

Rule 44:02:02:12 Lighting. 44:02:02:12. Lighting. 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 pr…

Rule 44:02:02:13 Ventilation. 44:02:02:13. Ventilation. Bathrooms, toilet rooms, and laundry rooms must be provided with either natural ventilation or mechanical ventilation connected directly to the outside. Mechanical clothes dryers must be vented to the outside air. When vente…

Rule 44:02:02:14 Heating equipment. 44:02:02:14. Heating equipment. 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 y…

Rule 44:02:02:15 Repealed. 44:02:02:15. Heating equipment venting.Repealed. Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; repealed, 20 SDR 204, effective June 8, 1994.

Rule 44:02:02:16 Repealed. 44:02:02:16. Sanitary design, construction, and installation of equipment and utensils.Repealed. Source: SL 1975, ch 16, § 1; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:02:02:17 Cleanliness and storage of utensils. 44:02:02:17. Cleanliness and storage of utensils. Glasses, pitchers, ice buckets, and other utensils used for ice, food, or drink by guests must be washed, rinsed, and sanitized between guests. All cleaners, sanitizers, and di…

Rule 44:02:02:18 Single-service items. 44:02:02:18. Single-service items. Hotels which do not have facilities for cleaning and sanitizing utensils that meet the requirements in § 44:02:02:17 shall use single-service articles. All single-service articles must be stored, handled, a…

Rule 44:02:02:19 Bedding and linen. 44:02:02:19. Bedding and linen. Hotels shall 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 l…

Rule 44:02:02:20 Housekeeping. 44:02:02:20. Housekeeping. All parts of the hotel and its premises must be kept neat, clean, and free from litter and rubbish. Housekeeping operations or conditions may not constitute a health hazard. Cleaning operations must be conducted in a manne…

Rule 44:02:02:21 Hazardous condition. 44:02:02:21. Hazardous condition. If, during the course of a routine inspection, an obvious health hazard or other hazardous condition is discovered that presents an imminent danger to individuals, the department may require the owner of the …

Rule 44:02:02:22 Water recreation facilities. 44:02:02:22. Water recreation facilities. All water recreation facilities, including swimming pools, spas, and water slides operated by a hotel and used by guests or the public, must be designed, constructed, and maintained using the …

Rule 44:02:02:23 Repealed. 44:02:02:23. Electrical wiring.Repealed. Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; repealed, 20 SDR 204, effective June 8, 1994.

Rule 44:02:02:24 Repealed. 44:02:02:24. Annual license fee. Repealed. Source: 7 SDR 9, effective August 11, 1980, June 1, 1981; 20 SDR 204, effective June 8, 1994; 23 SDR 75, effective November 19, 1996; repealed, 36 SDR 31, effective August 18, 2009.

Rule 44:02:02:25 Continental breakfast requirements. 44:02:02:25. Continental breakfast requirements. All utensils used in the serving of foods must be cleaned and sanitized on a routine basis. The establishment shall provide a minimum of a two compartment sink or a sanitizing wa…

Rule 44:02:04:01 Definitions. 44:02:04:01. Definitions. Words defined by SDCL 34-18-1 have the same meaning when used in this chapter. In addition, the terms used in this chapter mean: (1) "Inspection," an objective investigation of an establishment by the secretary of health or …

Rule 44:02:04:02 Inspection forms and frequencies. 44:02:04:02. Inspection forms and frequencies. The inspections shall be recorded on inspection forms provided by the department and shall be made at frequencies established by law or department policy. When such frequencies are m…

Rule 44:02:04:03 Signed agreement. 44:02:04:03. Signed agreement. An agreement shall be signed between the secretary of health and the designated agent whenever power is delegated to carry out the duties of SDCL 34-18. All agreements shall be subject to cancellation upon 30-day w…

Rule 44:02:04:04 Duties of designated agent. 44:02:04:04. Duties of designated agent. The designated agent shall carry out all duties of the department outlined in SDCL 34-18 unless modified by contract. The designated agent shall also perform all duties contained in memorandum a…

Rule 44:02:04:05 Inspections. 44:02:04:05. Inspections. The designated agent shall inspect at the frequency established in SDCL 34-18 or established by health department policy, all food service establishments, temporary food service establishments, mobile food service establishm…

Rule 44:02:04:06 Enforcement of statutes. 44:02:04:06. Enforcement of statutes. The designated agent shall promote legal or other suitable corrective action whenever any establishment or owner violates SDCL 34-18 or department regulations. The designated agent shall cooperate wit…

Rule 44:02:04:07 Supplies and resources provided. 44:02:04:07. Supplies and resources provided. The department shall provide inspection forms and technical supplies as needed to carry out the duties of SDCL 34-18. This shall not include office equipment, furniture, stationery, or…

Rule 44:02:04:08 Reversion of fees. 44:02:04:08. Reversion of fees. The department shall keep a record of all licensed establishments within the territory of each designated agent, along with a record of moneys received from the license fees. The return of moneys pursuant to SDCL…

Rule 44:02:05:01 Definitions. 44:02:05:01. Definitions. 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) "Approved," acceptable to the Department of Health based on compliance with applicable stan…

Rule 44:02:05:02 Employee health and disease control. 44:02:05:02. Employee health and disease control. A person while affected with any disease in a communicable form, while a carrier of such a disease, or while afflicted with boils, infected wounds, sores, or an acute respirato…

Rule 44:02:05:03 Employee cleanliness. 44:02:05:03. Employee cleanliness. Employees must wear clean outer garments and maintain personal cleanliness while on duty. They must wash their hands thoroughly before starting work and as often as necessary to remove soil and contaminatio…

Rule 44:02:05:04 Water supply. 44:02:05:04. Water supply. 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 Agriculture and Natural Reso…

Rule 44:02:05:05 Ice. 44:02:05:05. Ice. 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 dispense…

Rule 44:02:05:06 Guest room toilet and bathing facilities. 44:02:05:06. Guest room toilet and bathing facilities. Each specialty resort shall provide toilet, lavatory, and bathing facilities. In establishments providing toilet, lavatory, and bathing facilities shared by more than…

Rule 44:02:05:07 Garbage and rubbish storage and disposal. 44:02:05:07. Garbage and rubbish storage and disposal. 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 …

Rule 44:02:05:08 Vermin control. 44:02:05:08. Vermin control. A specialty resort 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 elimina…

Rule 44:02:05:09 Lighting. 44:02:05:09. Lighting. 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 pr…

Rule 44:02:05:10 Ventilation. 44:02:05:10. Ventilation. Bathrooms, toilet rooms, and laundry rooms must be provided with either natural ventilation or mechanical ventilation connected directly to the outside. Mechanical clothes dryers must be vented to the outside air. When vente…

Rule 44:02:05:11 Heating equipment. 44:02:05:11. Heating equipment. 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 y…

Rule 44:02:05:12 Bedding and linen. 44:02:05:12. Bedding and linen. A specialty resort shall 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…

Rule 44:02:05:13 Housekeeping -- Maintenance of premises. 44:02:05:13. Housekeeping -- Maintenance of premises. All parts of the specialty resort and its premises must be kept neat, clean, in good repair, and free from litter and rubbish. Housekeeping operations and conditions ma…

Rule 44:02:05:14 Hazardous condition. 44:02:05:14. Hazardous condition. If, during the course of a routine inspection, an obvious health hazard or other hazardous condition is discovered which presents an imminent danger to individuals, the department may require the owner of the…

Rule 44:02:05:15 Water recreation facilities. 44:02:05:15. Water recreation facilities. All water recreation facilities, including swimming pools, spas, and water slides operated by a specialty resort and used by guests or the public, must be designed, constructed, and maintained…

Rule 44:02:05:16 Food supplies. 44:02:05:16. Food supplies. Food must be free from adulteration or other contamination and must be safe for human consumption. Home canned foods are prohibited. Wild game harvested by guests of the facility may be prepared and served for that guest…

Rule 44:02:05:17 Potentially hazardous foods. 44:02:05:17. Potentially hazardous foods. 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 …

Rule 44:02:05:18 Thawing potentially hazardous foods. 44:02:05:18. Thawing potentially hazardous foods. 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 o…

Rule 44:02:05:19 Food protection. 44:02:05:19. Food protection. 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. Source: 23 SDR 75, effective…

Rule 44:02:05:20 Manual cleaning and sanitizing. 44:02:05:20. Manual cleaning and sanitizing. Manual cleaning and sanitizing must meet the following requirements: (1) Utensils and equipment must be washed, rinsed, and sanitized manually in a sink with a minimum of three compartme…

Rule 44:02:05:21 Mechanical cleaning and sanitizing. 44:02:05:21. Mechanical cleaning and sanitizing. If utensils are mechanically cleaned and sanitized, a commercial dishwasher or a homestyle dishwasher must be used. If a homestyle dishwasher is used, the following requirements …

Rule 44:02:05:22 Hand washing. 44:02:05:22. Hand washing. A separate hand washing sink must be provided in the food preparation area. Source: 23 SDR 75, effective November 19, 1996; 34 SDR 321, effective June 30, 2008. General Authority: SDCL 34-1-17, 34-18-22. Law Implemented: S…

Rule 44:02:05:23 Pets. 44:02:05:23. Pets. 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. Source: 23 SDR 75, effective November 19, 1996. General A…

Rule 44:02:05:24 Repealed. 44:02:05:24. Annual license fee. Repealed. Source: 23 SDR 75, effective November 19, 1996; repealed, 36 SDR 31, effective August 18, 2009.

Rule 44:02:05:25 Cleanliness and storage of utensils. 44:02:05:25. Cleanliness and storage of utensils. Glasses, pitchers, ice buckets, and other utensils used for ice, food, or drink by guests must be washed, rinsed, and sanitized between guests. All cleaners, sanitizers, and di…