South Dakota Administrative Code

Rule 44:02:05:26 Single-service items. 44:02:05:26. Single-service items. Any specialty resort that does not have facilities for cleaning and sanitizing utensils that meet the requirements in § 44:02:05:25 shall use single-service articles. Each single-service article must be sto…

Rule 44:02:05:27 Egress windows. 44:02:05:27. Egress windows. Each egress window shall have at least a net clear opening of 5.7 square feet. The net clear opening shall be at least 24 inches high and at least 20 inches wide. The egress window shall open from the inside of the gue…

Rule 44:02:05:28 Egress window wells. 44:02:05:28. Egress window wells. Each egress window that is below grade shall lead to a window well. The horizontal dimensions of the window well shall provide at least a net clear area of nine square feet with at least a horizontal projecti…

Rule 44:02:05:29 Egress window exception. 44:02:05:29. Egress window exception. For lodging establishments constructed before July 1, 2009, each grade level egress window shall have at least a net clear opening of five square feet and shall be at least 24 inches high and at least…

Rule 44:02:06:01 Definitions. 44:02:06:01. 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 44:02:06:02 Employee health and disease control. 44:02:06:02. 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 44:02:06:03 Employee cleanliness. 44:02:06:03. 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 44:02:06:04 Water supply. 44:02:06:04. 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 44:02:06:05 Ice. 44:02:06:05. 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 44:02:06:06 Toilet and bathing facilities. 44:02:06:06. Toilet and bathing facilities. 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, bat…

Rule 44:02:06:07 Garbage and rubbish storage and disposal. 44:02:06:07. 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 44:02:06:08 Vermin control. 44:02:06:08. Vermin control. 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 f…

Rule 44:02:06:09 Lighting. 44:02:06:09. 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 44:02:06:10 Ventilation. 44:02:06:10. Ventilation. 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 di…

Rule 44:02:06:11 Heating equipment. 44:02:06:11. 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 44:02:06:12 Bedding and linen. 44:02:06:12. Bedding and linen. 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 mattre…

Rule 44:02:06:13 Housekeeping. 44:02:06:13. Housekeeping. 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. Clean…

Rule 44:02:06:14 Hazardous condition. 44:02:06:14. Hazardous condition. 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 o…

Rule 44:02:06:15 Water recreation facilities. 44:02:06:15. Water recreation facilities. 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,…

Rule 44:02:06:16 Food supplies. 44:02:06:16. Food supplies. 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. Source: 23 SDR 75, effect…

Rule 44:02:06:17 Potentially hazardous foods 44:02:06:17. 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 i…

Rule 44:02:06:18 Thawing potentially hazardous foods. 44:02:06:18. 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 44:02:06:19 Food protection. 44:02:06:19. 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. Glasses, pitchers, ice bucke…

Rule 44:02:06:20 Pets. 44:02:06:20. 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 44:02:06:21 Inspection of registered bed and breakfast establishments required. 44:02:06:21. Inspection of registered bed and breakfast establishments required. Each bed and breakfast establishment which is registered must be inspected for compliance with the provisions of t…

Rule 44:02:07:01 Definitions. 44:02:07:01. 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) "Adulterated," one or more of the following conditions of food: (a) Bears or contains a poi…

Rule 44:02:07:02 Interpretation. 44:02:07:02. Interpretation. 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 19…

Rule 44:02:07:03 Person in charge. 44:02:07:03. Person in charge. 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. A…

Rule 44:02:07:04 Demonstration of knowledge by person in charge. 44:02:07:04. Demonstration of knowledge by person in charge. 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 demonstr…

Rule 44:02:07:05 Duties of person in charge. 44:02:07:05. Duties of person in charge. 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 …

Rule 44:02:07:06 Employee health -- Reportable information. 44:02:07:06. Employee health -- Reportable information. 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 p…

Rule 44:02:07:07 Employee exclusions and restrictions. 44:02:07:07. Employee exclusions and restrictions. 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 …

Rule 44:02:07:08 Removal of employee exclusions for certain illnesses. 44:02:07:08. Removal of employee exclusions for certain illnesses. 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 regulat…

Rule 44:02:07:09 Removal of employee restrictions for certain symptoms. 44:02:07:09. Removal of employee restrictions for certain symptoms. The person in charge may remove restrictions as follows: (1) A restriction specified in subdivision 44:02:07:07(2)(a) if the restricted pers…

Rule 44:02:07:10 Removal of exclusions -- Highly susceptible population. 44:02:07:10. Removal of exclusions -- Highly susceptible population. The person in charge may remove an exclusion specified in subdivision 44:02:07:07(3) if the excluded person provides written medical docum…

Rule 44:02:07:11 Removal of exclusions and restrictions for jaundice. 44:02:07:11. Removal of exclusions and restrictions for jaundice. 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 subdivisio…

Rule 44:02:07:12 Release of employee from restriction or exclusion by the regulatory authority. 44:02:07:12. Release of employee from restriction or exclusion by the regulatory authority. The regulatory authority may release an employee from restriction or exclusion based on medi…

44:02:07:13. General employee cleanliness. Employees must vigorously wash their hands and the exposed portions of their arms with soap and warm water for at least 20 seconds at the following times: (1) Immediately before engaging in food preparation, including working with expose…

Rule 44:02:07:14 General employee practices. 44:02:07:14. General employee practices. 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…

Rule 44:02:07:15 Food supplies. 44:02:07:15. Food supplies. 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 processi…

Rule 44:02:07:16 Food source requirements. 44:02:07:16. Food source requirements. Food utilized in the food establishment must meet the following requirements for source of food: (1) Fluid milk, dry milk, and milk products must be pasteurized and obtained from sources that comply…

Rule 44:02:07:17 Food additives. 44:02:07:17. Food additives. 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 …

Rule 44:02:07:18 Potentially hazardous food. 44:02:07:18. Potentially hazardous food. 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 growt…

Rule 44:02:07:19 Receiving temperature requirements for potentially hazardous food. 44:02:07:19. Receiving temperature requirements of potentially hazardous food. Potentially hazardous foods must meet the following temperature requirements upon receipt: (1) Except as specified in…

Rule 44:02:07:20 General food protection. 44:02:07:20. General food protection. 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, unne…

Rule 44:02:07:21 Preventing contamination by employees. 44:02:07:21. Preventing contamination by employees. 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 con…

Rule 44:02:07:22 Preventing contamination during storage. 44:02:07:22. Preventing contamination during storage. 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 co…

Rule 44:02:07:23 Preventing contamination of packaged and unpackaged food. 44:02:07:23. Preventing contamination of packaged and unpackaged food. Packaged and unpackaged food must be protected from cross-contamination by the following methods: (1) Separating raw animal foods duri…

Rule 44:02:07:24 Preventing contamination from equipment, utensils, and wiping cloths. 44:02:07:24. Preventing contamination from equipment, utensils, and wiping cloths. Food must be protected from contamination by equipment, utensils, and wiping cloths by the following methods: …

Rule 44:02:07:25 Preventing contamination by consumers. 44:02:07:25. Preventing contamination by consumers. Food on display for self-service by the consumer must be protected from contamination by the following methods: (1) The use of packaging; counter, service line, or salad ba…