S.D. Admin. R. 44:02:07:16

Current through Register Vol. 51, page 67, December 16, 2024

Section 44:02:07:16 - Food source requirements

Food utilized in the food establishment must meet the following requirements for source of food:

(1) Fluid milk, dry milk, and milk products must be pasteurized and obtained from sources that comply with Grade A standards as specified in § 12:05:07:01. Frozen dairy products and cheese must comply with standards as specified in § 12:17:07:01;

(2) Fish may not be received for sale or service unless they are commercially harvested and processed. Fish, other than molluscan shellfish, that are intended for consumption in their raw form and allowed as specified under subdivision 44:02:07:28(2) must be obtained from a supplier that freezes the fish as specified under § 44:02:07:30; or must be frozen on the premises as specified under § 44:02:07:30 and records shall be retained as specified under § 44:02:07:30;

(3) Fresh and frozen shucked shellfish (oysters, clams, or mussels) must be packed in nonreturnable packages identified with the name and address of the original shell processor, shucker-packer, or repacker and the interstate certification number. Shell stock and shucked shellfish must be kept in the container in which they are received until they are used. Each container of unshucked shell stock must be identified by an attached tag that states the name and address of the original shell stock processor, the kind and quality of shell stock, and an interstate certification number issued by the state or foreign shellfish control agency. Shell stock tags or labels must be retained for 90 days from the date the container is emptied. Molluscan shellfish that are caught for recreation may not be received for sale or service;

(4) Mushroom species picked in the wild must be obtained from sources where each mushroom is individually inspected and found to be safe by a mushroom identification expert;

(5) Only Grade B eggs or better meeting Grade standards in article 12:26 or pasteurized liquid, frozen, or dry eggs or dry egg products may be used. Pasteurized liquid, frozen, or dry eggs or egg products must be substituted for eggs in the shell in the preparation of foods such as Caesar salad, hollandaise or bernaise sauce, noncommercial mayonnaise, eggnog, ice cream, and egg-fortified beverages that are not cooked as specified in § 44:02:07:28. These products must also be used if eggs for a highly susceptible population are broken, combined in a container and not cooked immediately, or if the eggs are held before service following cooking;

(6) Game animals and exotic species may be received for sale or service if they are raised, slaughtered, and processed under a voluntary inspection program that is conducted by the agency that has animal health jurisdiction; and

(7) Ice for use as a food or a cooling medium must be made from an approved water supply. After use as a cooling medium, ice may no longer be used as a food.

S.D. Admin. R. 44:02:07:16

23 SDR 195, effective 5/26/1997.

General Authority: SDCL 34-1-17, 34-18-22.

Law Implemented: SDCL 34-18-22, 34-18-25.