{"id":"DUT-SD-016","kind":"duty","level":"state","jurisdiction":"South Dakota","state":"SD","metro":"","industry":"","agency":"","eco":"","issuer":"South Dakota Department of Health (administrative rules promulgated under SDCL 34-1-17 and 34-18-22)","authority":"SDCL 34-1-17, 34-18-22 (General Authority); SDCL 34-18-22, 34-18-25 (Law Implemented)","instrument":"Administrative Rules of South Dakota, ch. 44:02:07, Food Service Code (§§ 44:02:07:02, 44:02:07:03, 44:02:07:06, 44:02:07:07, 44:02:07:09 to 44:02:07:12)","title":"Food Service Code: person in charge; employee health reporting; employee exclusions and restrictions; removal of exclusions; interpretation conformed to the FDA Food Code","dateIssued":"2026-09-29","effective":"standing","end":"standing","startDate":"2026-09-29","endDate":"","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","EMP","COND"],"addressees":["specified businesses: licensed food service establishments, their license holders, persons in charge and food employees"],"clause":"The person in charge must exclude an ill employee or advise the employee to seek medical diagnosis. Upon receipt of medical documentation, the person in charge must restrict or exclude the employee in the following manner: (1) Exclude a food employee from a food establishment if the food employee is diagnosed with an infectious agent specified in subdivision 44:02:07:06(1)","enforcement":"SDCL 34-18-32: Class 2 misdemeanor, each day a separate offense; 34-18-27 summary suspension; 34-18-27.1(5) revocation for violating the rules (Ex. DUT-SD-015)","functions":[],"notes":"Every licensed food establishment\u0027s person in charge \u0027must exclude an ill employee or advise the employee to seek medical diagnosis\u0027 (44:02:07:07), every license holder \u0027must require food employee applicants... and current food employees to report information to the person in charge about their health\u0027 (44:02:07:06), and the rules are interpreted in conformity with the public health reasons of the FDA Food Code (44:02:07:02): the standing employee-screening and exclusion duty of the restaurant trade, which the pandemic directives on symptom screening and exclusion of the ill particularized.","sourceUrl":"https://sdlegislature.gov/api/Rules/Rule/44:02:07.html?all=true","snapshot":"","fileExists":true,"fileBytes":1005576,"grade":"primary","character":"sanitary_code_duty","description":"","collection":"DUT-SD","url":"/library/DUT-SD-016","exhibitUrl":"/exhibit/DUT-SD-016","citation":"South Dakota Department of Health (administrative rules promulgated under SDCL 34-1-17 and 34-18-22), Administrative Rules of South Dakota, ch. 44:02:07, Food Service Code (§§ 44:02:07:02, 44:02:07:03, 44:02:07:06, 44:02:07:07, 44:02:07:09 to 44:02:07:12) (standing) (Ex. DUT-SD-016)","stateName":"South Dakota","related":["DUT-SD-003","DUT-SD-015","DUT-SD-002"]}