South Dakota Administrative Code

Rule 44:02:07:76 Design and construction of floors, walls, and ceilings. 44:02:07:76. Design and construction of floors, walls, and ceilings. The floors, floor coverings, walls, wall coverings, and ceilings must be designed, constructed, and installed so they are smooth, nonabsor…

Rule 44:02:07:77 Cleaning and maintenance of floors, walls, and ceilings. 44:02:07:77. Cleaning and maintenance of floors, walls, and ceilings. The cleaning and maintenance of floors, walls, and ceilings must be accomplished in the following manner: (1) The physical facilities mu…

Rule 44:02:07:78 Lighting. 44:02:07:78. Lighting. 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…

Rule 44:02:07:79 Heating, ventilation, and air conditioning. 44:02:07:79. Heating, ventilation, and air conditioning. 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 ca…

Rule 44:02:07:80 Employee dressing areas and lockers. 44:02:07:80. Employee dressing areas and lockers. 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 t…

Rule 44:02:07:81 General premises. 44:02:07:81. General premises. 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 o…

Rule 44:02:07:82 Living and sleeping quarters. 44:02:07:82. Living and sleeping quarters. 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 oper…

Rule 44:02:07:83 Storage and handling of maintenance items. 44:02:07:83. Storage and handling of maintenance items. Maintenance equipment, supplies, and tools such as brooms, mops, vacuum cleaners, and similar items must be stored so they do not contaminate food, equipment, utens…

Rule 44:02:07:84 Poisonous and toxic materials. 44:02:07:84. Poisonous and toxic materials. 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, a…

Rule 44:02:07:85 Handling and storage of poisonous and toxic materials. 44:02:07:85. Handling and storage of poisonous and toxic materials. Only those poisonous or toxic materials that are required for the operation and maintenance of a food establishment, such as for the cleanin…

Rule 44:02:07:86 Use of poisonous and toxic materials. 44:02:07:86. Use of poisonous and toxic materials. 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 m…

Rule 44:02:07:87 Control of insects, rodents, and other pests. 44:02:07:87. Control of insects, rodents, and other pests. Insects, rodents, and other pests must be controlled to minimize their presence within the physical facility and its contents. The presence of insects, rodent…

Rule 44:02:07:88 Storage of personal care items, medicines, and first aid supplies. 44:02:07:88. Storage of personal care items, medicines, and first aid supplies. Personal care items, medicines, and first aid supplies must be stored to prevent contamination of food, equipment, u…

Rule 44:02:07:89 Prohibiting animals. 44:02:07:89. Prohibiting animals. 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 ar…

Rule 44:02:07:90 Mobile food service establishment. 44:02:07:90. Mobile food service establishment. A mobile food service establishment consists of any enclosed trailer, van, pushcart, recreational vehicle, or similar enclosed mobile facility that is transported from site to site…

Rule 44:02:07:91 Mobile food service establishment servicing operations. 44:02:07:91. Mobile food service establishment servicing operations. Those mobile food service units requiring serving operations must return daily to a servicing area at a commissary or fixed food establish…

Rule 44:02:07:92 Limited-menu mobile food service establishment. 44:02:07:92. Limited-menu mobile food service establishment. A limited-menu mobile food service establishment must comply with all the requirements of this chapter, except as otherwise provided in this section and i…

Rule 44:02:07:93 Temporary food service establishment. 44:02:07:93. Temporary food service establishment. A temporary food service establishment consists of a temporary food stand set up in a fixed location during a temporary event that does not exceed 14 days. A temporary food s…

Rule 44:02:07:94 Variances. 44:02:07:94. Variances. 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, th…

Rule 44:02:07:95 Demonstration of conformance with variance. 44:02:07:95. Demonstration of conformance with variance. If the regulatory authority grants a variance, the license holder must demonstrate conformance with approved procedures as follows: (1) Comply with the HACCP plan…

Rule 44:02:07:96 Submission of a HACCP plan. 44:02:07:96. Submission of a HACCP plan. 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 m…

Rule 44:02:07:97 Contents of a HACCP plan. 44:02:07:97. Contents of a HACCP plan. 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 potentia…

Rule 44:02:07:98 Food service manager certification. 44:02:07:98. Food service manager certification. 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 …

Rule 44:02:07:99 Repealed. 44:02:07:99. Annual license fees. Repealed. Source: 23 SDR 195, effective May 26, 1997; repealed, 36 SDR 31, effective August 18, 2009.

Rule 44:02:08:01 Definitions. 44:02:08:01. Definitions. Words defined in SDCL 34-18-1 have the same meaning when used in this chapter. In addition, the terms in this chapter mean: (1) "Approved," acceptable to the Department of Health based on compliance with applicable standards…

Rule 44:02:08:02 Water supply. 44:02:08:02. 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 44:02:08:03 Guest room toilet and bathing facilities. 44:02:08:03. Guest room toilet and bathing facilities. Each vacation home establishment shall provide toilet, lavatory, and bathing facilities. In establishments providing toilet, lavatory, and bathing facilities shared b…

Rule 44:02:08:04 Garbage and rubbish storage and disposal. 44:02:08:04. 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 44:02:08:05 Vermin control. 44:02:08:05. Vermin control. 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 nece…

Rule 44:02:08:06 Lighting. 44:02:08:06. 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 44:02:08:07 Ventilation. 44:02:08:07. 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 44:02:08:08 Heating equipment. 44:02:08:08. 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 44:02:08:09 Cleanliness and storage of utensils. 44:02:08:09. Cleanliness and storage of utensils. Glasses, pitchers, ice buckets, and other utensils used for ice, food, or drink must be washed, rinsed, and sanitized between guests. All cleaners, sanitizers, and disinfectant…

Rule 44:02:08:10 Bedding and linen. 44:02:08:10. Bedding and linen. A vacation home establishment 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…

Rule 44:02:08:11 Housekeeping -- Maintenance of premises. 44:02:08:11. Housekeeping -- Maintenance of premises. All parts of the vacation home establishment and its premises must be kept neat, clean, and in good repair, and free from litter and rubbish. Housekeeping operations an…

Rule 44:02:08:12 Hazardous condition. Hazardous conditions. 44:02:08:12. 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 re…

Rule 44:02:08:13 Water recreation facilities. 44:02:08:13. Water recreation facilities. All water recreation facilities, including swimming pools, spas, and water slides operated by a vacation home establishment and used by guests or the public, must be designed, constructed, and…

Rule 44:02:08:14 Repealed. 44:02:08:14. Annual license fee. Repealed. Source: 34 SDR 321, effective June 30, 2008; repealed, 36 SDR 31, effective August 18, 2009.

Rule 44:02:08:15 Egress windows. 44:02:08:15. 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 44:02:08:16 Egress window wells. 44:02:08:16. 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 44:02:08:17 Egress window exception. 44:02:08:17. 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 44:02:09:00 Repealed. 44:02:09:00. Definitions. Repealed. Source: 36 SDR 31, effective August 18, 2009; repealed, SL 2014, ch 164, § 17, effective July 1, 2014.

Rule 44:02:09:01 Repealed. 44:02:09:01. Condition of grounds. Repealed. Source: 36 SDR 31, effective August 18, 2009; repealed, SL 2014, ch 164, § 18, effective July 1, 2014.

Rule 44:02:09:02 Repealed. 44:02:09:02. Soil and ground cover requirements. Repealed. Source: 36 SDR 31, effective August 18, 2009; repealed, SL 2014, ch 164, § 19, effective July 1, 2014.

Rule 44:02:09:03 Repealed. 44:02:09:03. Campsite. Repealed. Source: 36 SDR 31, effective August 18, 2009; repealed, SL 2014, ch 164, § 20, effective July 1, 2014.

Rule 44:02:09:04 Repealed. 44:02:09:04. Density requirement. Repealed. Source: 36 SDR 31, effective August 18, 2009; repealed, SL 2014, ch 164, § 21, effective July 1, 2014.

Rule 44:02:09:05 Repealed. 44:02:09:05. Water supply. Repealed. Source: 36 SDR 31, effective August 18, 2009; repealed, SL 2014, ch 164, § 22, effective July 1, 2014.

Rule 44:02:09:06 Repealed. 44:02:09:06. Water storage and distribution facilities. Repealed. Source: 36 SDR 31, effective August 18, 2009; repealed, SL 2014, ch 164, § 23, effective July 1, 2014.

Rule 44:02:09:07 Repealed. 44:02:09:07. Wastewater disposal. Repealed. Source: 36 SDR 31, effective August 18, 2009; repealed, SL 2014, ch 164, § 24, effective July 1, 2014.

Rule 44:02:09:08 Repealed. 44:02:09:08. Plumbing. Repealed. Source: 36 SDR 31, effective August 18, 2009; repealed, SL 2014, ch 164, § 25, effective July 1, 2014.