Title 34, PUBLIC HEALTH AND SAFETY

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.

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…

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…

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…

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…

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…

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…

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 …

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 …

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.

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 …

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 ,…

No person shall vend, sell, give away, or furnish, either directly or indirectly, any poison named in schedules A or B as set forth in §§ 34-20-2 and 34-20-3 , unless the package, box, bottle, paper, or other container of such poison be labeled with the name of the active ingredi…

It is a Class 2 misdemeanor for any person, firm, or corporation to sell, offer, expose, or keep in possession for sale or delivery in this state any mouse, rat, gopher, rodent, insect, or other poison or preparation intended for use in destroying the life of lower animals, which…

Any mouse, rat, gopher, rodent, insect, or other poison or preparation intended for use in destroying the life of lower animals which is also poisonous to human beings shall be considered misbranded also if the label or package shall fail to bear the word, poison, in capital lett…

Nothing in this chapter shall be construed to interfere with or prevent the preparation, sale and distribution of poisons, poisoned grains or baits by the district leader in rodent control for the United States Department of the Interior, Fish and Wildlife Service, when the same …

The following is schedule A, referred to in § 34-20-1 : (1) Arsenic, lead arsenate, Paris green, and other poisonous compounds of arsenic; (2) Corrosive sublimate or preparations of the same and other poisonous compounds of mercury; (3) Prussic acid, potassium cyanide, oil of bit…

Every person who intentionally mingles any poison with any food, drink, or medicine with intent that the same shall be taken by any human being to his injury, and every person who intentionally poisons any spring, well, or reservoir of water, is guilty of a Class 4 felony. Source…

Every person who shall lay out strychnine or other poison within the limits of any municipality, or within one mile of any dwelling house, or any barn, stable, or outbuilding used at the time for the keeping or shelter of horses, cattle, sheep, or swine, or within one - half mile…

Section 34-20-24 shall not apply to the laying out of poison for the control of ground squirrels, pocket gophers, mice, prairie dogs, rabbits, and other food, crop, and tree destroying rodents or magpies and insects by a landowner or a lessee on his own land or land controlled by…

Nothing in § 34-20-24 shall be construed to prohibit or interfere with the Fish and Wildlife Service of the United States Department of the Interior from laying out poison for the control of ground squirrels, pocket gophers, mice, prairie dogs, rabbits, and other food, crop, and …

Application for the services of the Fish and Wildlife Service in the eradication of rodents enumerated in § 34-20-26 shall be made by the board of county commissioners of the respective counties, which board shall advise in the naming of the persons selected to lay out such poiso…

Section 34-20-24 shall not apply to the laying out of poison by the Department of Game, Fish and Parks, its employees or agents or persons or forces cooperating with or under the direction of said department for the extermination of predatory animals. Source: SL 1921, ch 328 ; SL…

The following is schedule B referred to in § 34-20-1 : (1) Carbolic acid in solutions containing ten percent or less; (2) Hydrochloric or muriatic acid, except in solutions containing ten percent or less; (3) Oxalic acid, chloroform, ether, santonine, cantharides, iodine, or its …

No person shall furnish any poison named in schedule A to any person unknown to him, unless identified by one known to the seller, and unless he shall record in a well - bound book known as a poison register in the following form: Date of Sale Name of Poison or Preparation Quanti…

No poison shall be delivered to any person until such person shall have entered his name in the seller's poison register, and until the seller shall have satisfied himself that the purchaser understands the poisonous nature of the article and that such poison is to be used for le…

The provisions of §§ 34-20-1 to 34-20-5 , inclusive, as to labeling and registration of sales of poisons shall not apply to the sale of such by registered pharmacists upon the prescriptions of duly licensed, practicing physicians, dentists, or veterinary surgeons. Source: SL 1929…

For the purposes of §§ 34-20A-98 to 34-20A-103 , inclusive, "first responder" means: (1) A law enforcement officer as defined by § 22-1-2 ; (2) An individual responding to an emergency call as part of an ambulance service licensed pursuant to chapter 34-11 ; or (3) A firefighter.…

Each first responder authorized to administer an opioid antagonist shall be trained in the symptoms of an opiate overdose; the protocols and procedures for administration of an opioid antagonist; the symptoms of adverse responses to an opioid antagonist, and protocols and procedu…

The Board of Medical and Osteopathic Examiners shall promulgate rules, pursuant to chapter 1-26 , establishing: (1) The criteria for training a first responder to comply with the provisions of § 34-20A-101 ; and (2) The requirements for a physician's issuance of a standing order …

A physician who issues a standing order under the rules established pursuant to § 34-20A-102 , a first responder acting under a standing order who administers an opioid antagonist in good faith compliance with the protocols for administering an opioid antagonist, and the first re…

A person who is a family member, friend, or other close third party to a person at risk for an opioid-related drug overdose may be prescribed, possess, distribute, or administer an opioid antagonist that is prescribed, dispensed, or distributed by a licensed health care professio…

A licensed health care professional may, directly or by standing order, prescribe an opioid antagonist to a person at risk of experiencing an opioid-related overdose, or prescribe to a family member, friend, or other close third party person the health care practitioner reasonabl…

A licensed health care professional may, directly or by standing order, dispense or distribute an opioid antagonist that requires a prescription to an employer. An employer may acquire and make available on the employer's premises an opioid antagonist that requires a prescription…

A health care professional who is authorized to prescribe or dispense an opioid antagonist is not subject to any disciplinary action or civil or criminal liability for the prescribing or dispensing of an opioid antagonist to an employer or a person whom the health care profession…

For the purpose of §§ 34-20A-104 to 34-20A-108 , inclusive, any prescription issued pursuant to §§ 34-20A-104 to 34-20A-108 , inclusive, is deemed to be issued for a legitimate medical purpose in the usual course of professional practice. Source: SL 2016, ch 174 , § 4.

The provisions of §§ 34-20A-104 to 34-20A-108 , inclusive, do not establish a duty or standard of care with respect to the decision of whether to prescribe, dispense, or administer an opioid antagonist. Source: SL 2016, ch 174 , § 5.

Terms used in §§ 34-20A-110 to 34-20A-113 , inclusive, mean: (1) "Drug-related overdose," an acute condition, including mania, hysteria, extreme physical illness, coma, or death resulting from the consumption or use of a controlled substance, or another substance with which a con…

No person may be arrested or prosecuted for any misdemeanor or felony offense of possession, inhalation, ingestion, or otherwise taking into the body any controlled drug or substance if that person contacts any law enforcement or emergency medical services and reports that a pers…

A person who experiences a drug-related overdose and is in need of medical assistance may not be arrested, charged, or prosecuted for any misdemeanor or felony offense of possession, inhalation, ingestion, or otherwise taking into the body any controlled drug or substance if that…