100 chapters · 1,959 sections in this title.
SDCL § 34-18-37 Label requirements
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Food prepared at a residence may not be sold unless it has a label that includes the following information: (1) Name of the product; (2) Name of the producer; (3) Physical address of production; (4) Mailing address of the producer; (5) Telephone number of the producer; (6) Date t…
SDCL § 34-18-38 Exemption from licensure––Requirements
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A person selling food prepared at the person's primary residence, in accordance with § 34-18-35 , is exempt from the licensing and license fee provisions of this chapter if: (1) The food meets the requirements of § 34-18-37 ; (2) The food is sold in the seller's physical presence…
SDCL § 34-18-39 Definition of terms--Camping liability--Immunity
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Terms used in §§ 34-18-39 to 34-18-42 , inclusive, mean: (1) "Camping," visiting, staying at, using, and leaving a private campground, including lodging of all types; (2) "Inherent risks of camping," dangers and hazards from: (a) Features of the natural world, such as trees, tree…
SDCL § 34-18-40 Camping liability--Immunity granted
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Except as provided under § 34-18-41 , a private campground owner, or an employee or officer of a private campground owner, is not liable if a person is injured or killed or property is damaged as a result of an inherent risk of camping. Source: SL 2022, ch 107 , § 2.
SDCL § 34-18-41 Camping liability--Immunity not granted
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The provisions of § 34-18-40 do not limit the liability of a private campground owner or an employee or officer of a private campground owner who: (1) Intentionally causes the injury, death, or property damage; (2) Acts with a willful or wanton disregard for the safety of the per…
SDCL § 34-18-42 Camping liability--Warning mandated
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Every written contract entered into by a private campground owner or an employee or officer of a private campground owner must contain, in clearly readable print, the warning notice specified in this section. A warning sign must be posted at the entrance or registration desk of a…
SDCL § 34-18-43 Product containing cell-cultured protein--Sale or distribution prohibited--Enforcement--Penalty
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During the period beginning July 1, 2026, and ending June 30, 2031, a person may not sell, offer for sale, hold for sale, or distribute in this state any product containing cell-cultured protein. Upon receipt of a complaint, the department must inspect any food service establishm…
SDCL § 34-18-5 Repealed by SL 1971, ch 23 , § 2
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34-18-6 Agreements between secretary of health and other agencies. 34-18-7 Employment of personnel by secretary--Local health departments as enforcement agents. 34-18-8 Deposit and accounting for money received. 34-18-9 License required to operate lodging or food service establis…
SDCL § 34-18-6 Agreements between secretary of health and other agencies
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The secretary of health may enter into mutual agreements with other public and private agencies in order to promote the mutual effectiveness of both agencies in the area of public health and safety and to prevent duplication of effort in the promotion of an efficient public healt…
SDCL § 34-18-7 Employment of personnel by secretary--Local health departments as enforcement agents
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The secretary of health shall employ such personnel as are necessary to perform the duties of this chapter. Any county or district health department or municipal health department organized under existing laws may be designated as an agent of the secretary for the purpose of admi…
SDCL § 34-18-8 Deposit and accounting for money received
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All money received by the secretary in the administration of this chapter shall be receipted and accounted for by the State Health Department and all money so collected shall be deposited monthly with the state treasurer to the credit of the state general fund. If any local healt…
SDCL § 34-18-9 License required to operate lodging or food service establishment or campground--Posting in conspicuous place
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It is a Class 2 misdemeanor to maintain, conduct or operate a lodging establishment, campground or food service establishment in this state unless a valid license, issued by the department, is in the possession of the owner and posted in a conspicuous place in such establishment …
SDCL § 34-18-9.1 Definition of terms related to bed and breakfast establishments
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Terms as used in §§ 34-18-9.1 to 34-18-9.4 , inclusive, mean: (1) "Bed and breakfast establishment," any building or buildings run by an operator which is used to provide accommodations for a charge to the public, with at most five rental units for up to an average of ten guests …
SDCL § 34-18-9.2 Exemption for bed and breakfast establishment
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No bed and breakfast establishment as defined in § 34-18-9.1 is subject to be licensed under the provisions of this chapter. Source: SL 1986, ch 280 , § 2; SL 1996, ch 213 , § 3.
SDCL § 34-18-9.3 Registration of bed and breakfast establishment--Fee--Investigation of complaints
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Any bed and breakfast establishment operating in this state shall register with the Department of Health. A one-time registration fee of thirty-eight dollars is required before a bed and breakfast establishment may be operated. The fee shall be placed in the Department of Health …
SDCL § 34-18-9.4 Bed and breakfast establishment to maintain guest list and smoke detectors--Violation as misdemeanor
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Any bed and breakfast establishment shall maintain a guest list and shall place a smoke detector in each sleeping room with a minimum of at least one smoke detector per floor. Any violation of this section is a Class 2 misdemeanor. Source: SL 1986, ch 280 , § 5; SL 1996, ch 213 ,…