{"id":"DUT-SD-015","kind":"duty","level":"state","jurisdiction":"South Dakota","state":"SD","metro":"","industry":"","agency":"","eco":"","issuer":"South Dakota Legislature (codified statute administered by the Secretary of Health)","authority":"S.D. Codified Laws title 34, ch. 34-18 (Health Regulation of Lodging and Food Service Establishments and Campgrounds)","instrument":"SDCL ch. 34-18 (§§ 34-18-2, 34-18-9, 34-18-22, 34-18-27, 34-18-27.1, 34-18-27.3, 34-18-32)","title":"Health regulation of lodging and food service establishments: license required; minimum public health and safety rules; summary suspension on discovery of a hazardous condition; suspension or revocation for conduct detrimental to public health; violation as misdemeanor with each day a separate offense","dateIssued":"2026-09-29","effective":"standing","end":"standing","startDate":"2026-09-29","endDate":"","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","COND","CLOSE"],"addressees":["specified businesses: lodging establishments, campgrounds, food service establishments, temporary and mobile food service establishments and their owners"],"clause":"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... summarily suspend the license of any... food service establishment... Any... owner violating the provisions of this chapter or the rules... shall be guilty of a Class 2 misdemeanor","enforcement":"Class 2 misdemeanor, each day a separate offense (34-18-32; 22-6-2(2), Ex. DUT-SD-007); summary license suspension (34-18-27); denial, suspension or revocation (34-18-27.1)","functions":[],"notes":"Every restaurant, bar, hotel, motel, campground and food service business in South Dakota operated only under a Department of Health license (34-18-9), subject to the department\u0027s \u0027minimum public health and safety requirements\u0027 (34-18-22), summary suspension for \u0027a hazardous condition that may immediately endanger human life or be seriously detrimental to public health\u0027 (34-18-27), suspension or revocation for \u0027conduct or practices detrimental to the public health, safety, or welfare\u0027 (34-18-27.1(3)), complaint inspections (34-18-27.3) and a Class 2 misdemeanor with \u0027each and every day of operation after serving the notice of closure... a distinct and separate offense\u0027 (34-18-32).","sourceUrl":"https://sdlegislature.gov/api/Statutes/34-18.html?all=true","snapshot":"","fileExists":true,"fileBytes":400151,"grade":"primary","character":"sanitary_code_duty","description":"","collection":"DUT-SD","url":"/library/DUT-SD-015","exhibitUrl":"/exhibit/DUT-SD-015","citation":"South Dakota Legislature (codified statute administered by the Secretary of Health), SDCL ch. 34-18 (§§ 34-18-2, 34-18-9, 34-18-22, 34-18-27, 34-18-27.1, 34-18-27.3, 34-18-32) (standing) (Ex. DUT-SD-015)","stateName":"South Dakota","related":["DUT-SD-016","SD-039","DUT-SD-007","DUT-SD-006"]}