South Dakota Administrative Code

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…

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…