Title 34, PUBLIC HEALTH AND SAFETY

A one-time initial license fee of one hundred dollars shall be charged to any new food service establishment, lodging establishment, or campground upon initial licensure. Source: SL 2009, ch 165 , § 4.

A lodging establishment that has fifteen or fewer sleeping rooms may apply to the department for a permit to use a biological filtration system to filter water in the establishment's water recreational facility. Only an establishment that has been issued a permit under this secti…

The annual license fee for a food service establishment or a lodging establishment shall be as follows: (1) Food service establishment with no seating, ninety dollars; (2) Food service establishment with one to fifty seats, inclusive, one hundred twenty dollars; (3) Food service …

The annual license fee for a campground is: (1) Two to twenty-five campsites, inclusive, seventy-five dollars; (2) Twenty-six to one hundred campsites, inclusive, one hundred thirteen dollars; (3) One hundred one to two hundred campsites, inclusive, one hundred fifty dollars; (4)…

Each facility licensed pursuant to this chapter with one water recreational facility shall be charged an annual fee of forty dollars. Each facility licensed pursuant to this chapter with more than one water recreational facility shall be charged an annual fee of sixty-five dollar…

A prorated license fee shall be charged for each new lodging establishment, campground, and food service establishment beginning operations after the first day of the license renewal period and for changes in ownership and location of any existing establishment and campground aft…

After having received a properly completed application form and the correct license fee and after satisfying himself that the establishment or campground is in compliance with the provisions of this chapter and the rules and regulations of the department, the secretary of health …

The department may issue a provisional license if an applicant or licensee under this chapter fails to comply with the established standards but signifies an intention to remedy such fault. The provisional license shall state on its face the conditions under which it is granted a…

A license issued pursuant to § 34-18-14 shall expire on the thirtieth day of June each year, unless otherwise provided by this chapter, and is not transferable from owner to owner or from location to location of the establishment or campground. Changes in ownership or location sh…

The annual license fee for a mobile food service establishment shall be thirty-eight dollars. Source: SL 1963, ch 158 , § 11; SL 1972, ch 15 , § 3; SL 2009, ch 165 , § 8.

Each owner of a temporary food service establishment shall secure a license before beginning the operation of the establishment after making proper application on a form provided by the department and accompanied by the proper license fee. The license fee for a temporary food ser…

Temporary food service establishments located on the state fairgrounds or on county fairgrounds of this state, operated in conjunction with these annual celebrations, and nonprofit organizations operating a temporary food service establishment shall be exempt from the license fee…

Should a temporary food service establishment licensed under § 34-18-17 not be in compliance with the provisions of this chapter and the rules and regulations of the department and compliance is not considered feasible during the period of the celebration or public gathering wher…

The secretary of health shall be responsible for carrying out the provisions of this chapter and all other statutes relating to the safety and sanitation of lodging establishments, campgrounds, food service establishments, temporary food service establishments, and mobile food se…

Nonprofit organizations shall be exempt from the licensing and license fee provisions of this chapter. Establishments serving alcoholic beverages as defined in chapter 35-1 and who do not otherwise come within the definition of a food service establishment, temporary food service…

Each person conducting a lodging establishment or campground shall keep a record of guests. Such a record may be kept in a register or on separate cards and shall be opened for inspection and copying by the secretary of health for the purpose of protecting the health or life of p…

Information obtained by the department under the authority of § 34-18-21 is confidential, except for official purposes of the department, and may not be disclosed except in accordance with a judicial order or as otherwise provided by law. Source: SL 1994, ch 277 , § 2.

In the event that a court is asked to review a request by the secretary for inspection pursuant to § 34-18-21 , the court shall consider whether a health emergency exists and whether the request is consistent with the needs of the secretary to enforce the secretary's duties in th…

The department shall adopt rules and regulations setting forth the minimum public health and safety requirements for lodging establishments, campgrounds, food service establishments, temporary food service establishments, or mobile food service establishments. The procedure for a…

Any specialty resort establishment with less than ten occupants shall meet the following minimum fire safety standards: (1) Any primary exit that leads to the exterior of the structure shall be capable of unlocking from the interior without the use of a key or special knowledge o…

Any specialty resort establishment with ten or more occupants shall meet the following minimum fire safety standards: (1) Each floor where occupants are sleeping shall have access to at least two remote exits; (2) Any primary exit that leads to the exterior of the structure shall…

Any vacation home establishment shall meet the following minimum fire safety standards: (1) Each floor where ten or more occupants are sleeping shall have access to at least two remote exits; (2) Any primary exit that leads to the exterior of the structure shall be capable of unl…

The department shall be notified thirty days prior to initiating construction of new lodging establishments, campgrounds, food service establishments, mobile food service establishments, or permanent additions, alterations, or modification of existing structures. Owners of tempor…

The secretary of health shall at least annually inspect or cause to be inspected every lodging establishment and campground licensed in this state for compliance with the provisions of this chapter and the rules promulgated thereunder. Source: SL 1907, ch 165 , § 10; SL 1909, ch …

The department shall, at least annually, make one inspection of each lodging establishment and campground and, at least twice annually, of each food service establishment or mobile food service licensed under this chapter to ascertain that the lodging establishment, campground, f…

If, prior to an inspection being started, the owner or operator of a lodging establishment, campground, food service establishment, or mobile food service establishment refuses to allow the inspection, no inspection shall be made. If, during the course of an inspection, the owner…

Upon receipt of a complaint, the department may enter and inspect any lodging establishment, campground, food service establishment, mobile food service establishment, or temporary food service establishment which is exempt from the licensing or license fee provisions of this cha…

If, upon an inspection, it is determined that a lodging establishment, campground, food service establishment, or mobile food service establishment is not being conducted or is not equipped and maintained in a manner and condition required by the provisions of this chapter and th…

The department shall conduct a follow - up inspection of a lodging establishment, campground, food service establishment, or mobile food service to ascertain compliance with a sixty - day notice issued pursuant to § 34-18-26 . When the department conducts an inspection pursuant t…

The department shall implement an expedited inspection process whereby the owner of a food service establishment, lodging establishment, or campground may request a follow-up inspection to the establishment's most recent routine inspection. If an establishment has received an ins…

The secretary of health, upon determining the existence of a hazardous condition that may immediately endanger human life or be seriously detrimental to public health may, subject to the requirements of § 1-26-29 , summarily suspend the license of any lodging establishment, campg…

The department may deny any application or suspend or revoke any license issued under the provisions of this chapter on any of the following grounds: (1) Commission of fraud or willful misrepresentation in the application for or in obtaining a license; (2) Commission, or permitti…

If a lodging establishment, campground, food service establishment, or mobile food service establishment license is suspended or revoked as provided in § 34-18-27.1 , a new application for license may be considered by the department when satisfactory evidence has been submitted t…

The department, upon receipt of a complaint, may inspect any lodging establishment, campground, food service establishment, or mobile food service establishment to determine if there are violations of this chapter or any of the rules promulgated thereunder. The scope of the inspe…

If the owner of any establishment or campground licensed under this chapter is aggrieved by action taken for suspension or revocation of his license or a closure order he may request a hearing which shall be had and appeal may be taken under the provisions of chapter 1-26 as a co…

The provisions of this chapter shall have precedence over any other statutes relating directly to the safety and sanitary requirements, inspection and licensing of lodging establishments, campground, food service establishments, temporary food service establishments, and mobile f…

Any lodging establishment, campground, food service establishment, temporary food service establishment, or mobile food service establishment owner violating the provisions of this chapter or the rules and regulations adopted pursuant to this chapter shall be guilty of a Class 2 …

If any provisions of this chapter or the application thereof to anyone or to any circumstance is held invalid, the remainder of the chapter and the application of such provisions to other circumstances shall not be affected thereby. Source: SL 1963, ch 158 , § 21.

No person selling whole, intact fresh fruits or vegetables at a farmer's market, roadside stand, or similar venue is required to be licensed pursuant to this chapter. Source: SL 2010, ch 172 , § 1.

Except as otherwise provided in § 34-18-38 , the licensure provisions of this chapter do not apply to a person selling: (1) Non-temperature-controlled food prepared at a residence; (2) Home-processed canned goods; (3) Baked goods prepared at a residence; or (4) Any food product p…

No canned good may be sold unless the pH level is 4.6 or less or the water activity level is .85 or less. Except as otherwise provided in this section, a producer selling canned goods under this section shall, every five years, complete food safety training approved by the depart…

Any producer who verifies compliance with the food safety training requirements set forth in accordance with § 34-18-36 , may sell the following: (1) Any non-heat-processed fermented food, provided the food is consistently maintained at a temperature that is at or below forty-one…

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…

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…

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…

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.