The COVID Project
The record
- Jurisdiction
- South Dakota
- Level
- State
- Authority
- SDCL 34-1-17, 34-18-22 (General Authority); SDCL 34-18-22, 34-18-25 (Law Implemented)
- Issued
- 2026-09-29 Sept. 29, 2026
- Effective
- standing (read as 2026-09-29)
- End
- standing
- In force
- Standing since Sept. 29, 2026 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesStanding dutyOperating condition
- Addressees
- specified businesses: licensed food service establishments, their license holders, persons in charge and food employees
- Character
- sanitary code duty
- Collection
- Standing duties: South Dakota DUT-SD
Operative words
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)
Penalty
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)
What it required
Every licensed food establishment's person in charge 'must exclude an ill employee or advise the employee to seek medical diagnosis' (44:02:07:07), every license holder 'must require food employee applicants... and current food employees to report information to the person in charge about their health' (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.
Retrieval noteThe rule's enumerated agents (44:02:07:06(1)) are the foodborne pathogens of the 1995 Food Code; the general exclusion command of the first sentence of 44:02:07:07 ('must exclude an ill employee') is not limited to them. ARSD 44:20:03:09 (Ex. DUT-SD-003) adds the department's own exclusion power over food handlers with the employer 'responsible for ensuring compliance.'.