South Dakota Administrative Code

Rule 44:02:07:26 Refrigerated storage. 44:02:07:26. Refrigerated storage. Sufficient refrigeration facilities or other effectively insulated facilities that are conveniently located must be provided to assure the maintenance of potentially hazardous food at required temperatures …

Rule 44:02:07:27 Thawing potentially hazardous food. 44:02:07:27. Thawing potentially hazardous food. Potentially hazardous foods must be thawed in one of the following manners: (1) Under refrigeration that maintains the food temperature at 5°C (41°F) or below; (2) Completely sub…

Rule 44:02:07:28 Cooking potentially hazardous food. 44:02:07:28. Cooking potentially hazardous food. Raw animal foods such as eggs, fish, poultry, meat, and foods containing these raw animal foods, must be cooked to heat all parts of the food to the following minimum requirement…

Rule 44:02:07:29 Microwave cooking. 44:02:07:29. Microwave cooking. Cooking of raw animal foods in a microwave oven must be as follows: (1) Food must be rotated or stirred throughout or midway during cooking to compensate for uneven distribution of heat; (2) Food must be covered …

Rule 44:02:07:30 Parasite destruction by freezing. 44:02:07:30. Parasite destruction by freezing. Before service or sale in ready-to-eat form, raw, marinated, or partially cooked fish other than molluscan shellfish must be frozen throughout to a temperature of -20°C (-4°F) or bel…

Rule 44:02:07:31 Hot storage of potentially hazardous food. 44:02:07:31. Hot storage of potentially hazardous food. Sufficient hot food storage facilities must be provided to assure the maintenance of potentially hazardous food at the required temperature during storage. Except d…

Rule 44:02:07:32 Cooling of potentially hazardous food. 44:02:07:32. Cooling of potentially hazardous food. The cooling of potentially hazardous food must be accomplished in the following manner: (1) Cooked potentially hazardous food must be cooled: (a) From 60°C (140°F) to 21°C …

Rule 44:02:07:33 Reheating food. 44:02:07:33. Reheating food. Reheating food must meet the following conditions: (1) Potentially hazardous food that is cooked, cooled, and reheated for hot holding must be reheated rapidly so that parts of the food reach a temperature of at least …

Rule 44:02:07:34 Washing fruits and vegetables. 44:02:07:34. Washing fruits and vegetables. Raw fruits and vegetables must be thoroughly washed in water to remove soil and other contaminants before being cut, combined with other ingredients, cooked, served, or offered for human c…

Rule 44:02:07:35 Food display and service. 44:02:07:35. Food display and service. Potentially hazardous food must be kept at an internal temperature of 5°C (41°F) or below or at an internal temperature of 60°C (140°F) or above during display and service with the exception of rare…

Rule 44:02:07:36 Dispensing of milk, cream, and nondairy products. 44:02:07:36. Dispensing of milk, cream, and nondairy products. Dispensing of milk, cream, and nondairy products must conform to the following requirements: (1) Milk and milk products for drinking purposes must be …

Rule 44:02:07:37 Ready-to-eat food. 44:02:07:37. Ready-to-eat food. Ready-to-eat food is food that is in a form that is edible without washing, cooking, or additional preparation by the food establishment or the consumer and that is reasonably expected to be consumed in that form…

Rule 44:02:07:38 Date marking and disposition of ready-to-eat potentially hazardous food. 44:02:07:38. Date marking and disposition of ready-to-eat potentially hazardous food. Date marking and disposition of ready-to-eat potentially hazardous food must be handled in the following…

Rule 44:02:07:39 Reduced-oxygen packaging. 44:02:07:39. Reduced-oxygen packaging. A food establishment that packages food using a reduced-oxygen packaging method must have a HACCP plan that contains the information specified under § 44:02:07:97 and that does the following: (1) Id…

Rule 44:02:07:40 Time as a public health control. 44:02:07:40. Time as a public health control. Time only, rather than time in conjunction with temperature, may be used as the public health control for a working supply of potentially hazardous food before cooking or for ready-to-…

Rule 44:02:07:41 Variance requirement for specialized processing methods. 44:02:07:41. Variance requirement for specialized processing methods. A food establishment must obtain variance from the regulatory authority before smoking or curing food; using food additives as a method …

Rule 44:02:07:42 Contaminated food disposition. 44:02:07:42. Contaminated food disposition. The requirements for the discarding of unsafe, adulterated, or contaminated food are as follows: (1) A food that is unsafe, adulterated, or not honestly presented as specified in § 44:02:0…

Rule 44:02:07:43 General equipment and utensils -- Materials and design. 44:02:07:43. General equipment and utensils -- Materials and design. Materials that are used in the construction of utensils and food-contact surfaces of equipment may not allow the migration of deleterious …

Rule 44:02:07:44 General equipment and utensils -- Use limitations of certain materials. 44:02:07:44. General equipment and utensils -- Use limitations of certain materials. Equipment and utensils must be designed and constructed to be durable and to retain their characteristic q…

Rule 44:02:07:45 Food-contact surfaces -- Design and construction. 44:02:07:45. Food-contact surfaces -- Design and construction. Multiuse food-contact surfaces must meet the following requirements for design and construction: (1) Smooth; (2) Free of breaks, open seams, cracks, c…

Rule 44:02:07:46 Nonfood-contact surfaces -- Design and construction. 44:02:07:46. Nonfood-contact surfaces -- Design and construction. Nonfood-contact surfaces of equipment that are exposed to splash, spillage, or other food soiling or that require frequent cleaning must be cons…

Rule 44:02:07:47 Clean-in-place (CIP) equipment -- Design and construction. 44:02:07:47. Clean-in-place (CIP) equipment -- Design and construction. Clean-in-place equipment must meet the characteristics specified in § 44:02:07:45 and must be designed and constructed so that clean…

Rule 44:02:07:48 General equipment -- Design and construction. 44:02:07:48. General equipment -- Design and construction. All equipment must be designed and constructed for durability under conditions of normal use. Equipment must also be designed to meet the following requiremen…

Rule 44:02:07:49 Ventilation hood systems -- Design and construction. 44:02:07:49. Ventilation hood systems -- Design and construction. A ventilation hood system must be provided over all cooking equipment which produces steam, excessive smoke, grease vapors, or odors. A ventilat…

Rule 44:02:07:50 Dispensing equipment -- Design and construction. 44:02:07:50. Dispensing equipment -- Design and construction. Equipment that dispenses or vends liquid food or ice in unpackaged form must be designed and constructed as follows: (1) The delivery tube, chute, orifi…

Rule 44:02:07:51 Molluscan shellfish tanks. 44:02:07:51. Molluscan shellfish tanks. Molluscan shellfish life-support system display tanks that are used to store and display shellfish that are offered for human consumption must be operated and maintained to ensure the following: (…

Rule 44:02:07:52 Temperature measuring devices. 44:02:07:52. Temperature measuring devices. Temperature measuring devices are required in all food establishments. Temperature measuring devices must meet the following requirements: (1) Temperature measuring devices may not have se…

Rule 44:02:07:53 General equipment -- Installation and location. 44:02:07:53. General equipment -- Installation and location. Equipment, a cabinet used for storage of food, or a cabinet that is used to store cleaned and sanitized equipment, utensils, laundered linens, and single-…

Rule 44:02:07:54 General equipment and utensils -- Maintenance and operation. 44:02:07:54. General equipment and utensils -- Maintenance and operation. All equipment and utensils must be maintained in a state of good repair and sound condition that meets the following requirement…

Rule 44:02:07:55 Cleaning frequency of equipment and utensils. 44:02:07:55. Cleaning frequency of equipment and utensils. All equipment, food-contact surfaces, nonfood-contact surfaces, and utensils must be clean to sight and touch. The frequency of cleaning is as follows: (1) Fo…

Rule 44:02:07:56 Manual cleaning and sanitizing requirements. 44:02:07:56. Manual cleaning and sanitizing requirements. Manual cleaning and sanitizing must meet the following requirements: (1) A sink with at least three compartments must be provided for manually washing, rinsing,…

Rule 44:02:07:57 Sanitizing solution testing devices. 44:02:07:57. Sanitizing solution testing devices. A test kit or other device that accurately measures the concentration in mg/L of sanitizing solutions must be provided. Source: 23 SDR 195, effective May 26, 1997. General Auth…

Rule 44:02:07:58 Mechanical cleaning and sanitizing requirements. 44:02:07:58. Mechanical cleaning and sanitizing requirements. Mechanical cleaning and sanitizing of equipment and utensils must meet the following requirements: (1) A warewashing machine must be provided with an ea…

Rule 44:02:07:59 Storage of cleaned equipment and utensils. 44:02:07:59. Storage of cleaned equipment and utensils. Cleaned equipment and utensils must be stored as follows: (1) In a clean, dry location; (2) Where they are not exposed to splash, dust, or other contamination; (3) …

Rule 44:02:07:60 Handling of clean equipment and utensils. 44:02:07:60. Handling of clean equipment and utensils. Clean equipment and utensils must be handled in the following manner: (1) Equipment must be reassembled so that food-contact surfaces are not contaminated; (2) Lubric…

Rule 44:02:07:61 Single-service and single-use articles. 44:02:07:61. Single-service and single-use articles. Single-service and single-use articles must meet the following requirements: (1) Must be made from materials that are safe and clean and do not allow the migration of del…

Rule 44:02:07:62 Laundering of linens. 44:02:07:62. Laundering of linens. Laundry facilities in a food establishment are restricted to the washing and drying of linens, cloths, uniforms, and aprons necessary to the operation. Laundry equipment must consist of a mechanical clothes…

Rule 44:02:07:63 Linen storage. 44:02:07:63. Linen storage. Soiled linens must be kept in clean, nonabsorbent receptacles or washable laundry bags and stored and transported to prevent contamination of food, clean equipment, clean utensils, clean linens, and single-service and si…

Rule 44:02:07:64 Water supply. 44:02:07:64. Water supply. A safe supply of water must be obtained from an approved source that is a public water system or a nonpublic water system that is constructed, maintained, and operated according to article 74:04. A nonpublic water system m…

Rule 44:02:07:65 Sewage disposal. 44:02:07:65. Sewage disposal. 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:…

Rule 44:02:07:66 Plumbing system. 44:02:07:66. Plumbing system. A plumbing system must be designed, constructed, installed, operated, and maintained according to article 20:54. Source: 23 SDR 195, effective May 26, 1997. General Authority: SDCL 34-1-17, 34-18-22. Law Implemented:…

Rule 44:02:07:67 Backflow prevention. 44:02:07:67. Backflow prevention. 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 su…

Rule 44:02:07:68 Handwashing lavatories. 44:02:07:68. Handwashing lavatories.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 w…

Rule 44:02:07:69 Handwashing lavatory supplies. 44:02:07:69. Handwashing lavatory supplies. 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 s…

Rule 44:02:07:70 Prep/vegetable sink. 44:02:07:70. Prep/vegetable sink. 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-compar…

Rule 44:02:07:71 Service/janitor's sink. 44:02:07:71. Service/janitor's sink. 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 dispo…

Rule 44:02:07:72 Toilet facilities. 44:02:07:72. Toilet facilities.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 …

Rule 44:02:07:73 Receptacles for refuse, recyclables, and returnables. 44:02:07:73. Receptacles for refuse, recyclables, and returnables. Receptacles used for refuse, recyclables, and returnables must meet the following requirements: (1) A receptacle must be provided in each area…

Rule 44:02:07:74 Storage areas for refuse, recyclables, and returnables. 44:02:07:74. Storage areas for refuse, recyclables, and returnables. A storage area for refuse, recyclables, and returnables must meet the requirements specified: (1) An inside storage room or area, an outsi…

Rule 44:02:07:75 Removal frequency of refuse, recyclables, and returnables. 44:02:07:75. Removal frequency of refuse, recyclables, and returnables. Refuse, recyclables, and returnables must be removed from the premises at a frequency that will minimize the development of objectio…