S.D. Admin. R. 44:02:07:42

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

Section 44:02:07:42 - Contaminated food disposition

The requirements for the discarding of unsafe, adulterated, or contaminated food are as follows:

(1) A food that is unsafe, adulterated, or not honestly presented as specified in § 44:02:07:15 must be discarded;

(2) Food that is not from an approved source as specified in § 44:02:07:16 must be discarded;

(3) Ready-to-eat food that may have been contaminated by an employee who has been restricted or excluded as specified in § 44:02:07:07 must be discarded;

(4) Food that is contaminated by food employees, consumers, or other persons through contact with their hands; bodily discharges, such as nasal or oral discharges; or other means must be discarded; and

(5) Food that has been held for longer than four hours at temperatures between 5°C (41°F) and 60°C (140°F) is considered unsafe or adulterated and must be discarded. However, food that is cooled as per § 44:01:07:32 is allowed the holding time as prescribed.

S.D. Admin. R. 44:02:07:42

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.

Distress Food Act, SDCL 34-5-9 to 34-5-18, inclusive.