S.D. Admin. R. 44:02:07:90

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

Section 44:02:07:90 - Mobile food service establishment

A mobile food service establishment consists of any enclosed trailer, van, pushcart, recreational vehicle, or similar enclosed mobile facility that is transported from site to site for the purpose of dispensing food to the public. A mobile food service establishment must comply with all the requirements of this chapter, except as otherwise provided in this section. The regulatory authority may impose additional requirements to protect against health hazards related to the conduct of the food establishment as a mobile operation and may prohibit the sale of some or all potentially hazardous food. The regulatory authority may, when no health hazard will result, waive or modify requirements of this chapter relating to physical facilities. A mobile food service establishment must meet the following requirements:

(1) The department shall review menu items for mobile food service establishments individually and shall approve dependent upon the facilities provided on board the mobile unit;

(2) All foods must be prepared in the mobile unit or secured from an approved source;

(3) Potentially hazardous food must be stored, cooked, held, and reheated to the proper temperatures as identified in §§ 44:02:07:26 to 44:02:07:38, inclusive;

(4) Only single-service articles may be provided to the consumer;

(5) Mobile units must operate from a commissary or other fixed food establishment and must report at least daily to that location for all supplies and for all cleaning and servicing operations. This requirement may be waived if warewashing facilities and storage facilities are provided on board the mobile unit;

(6) Mobile units must be completely enclosed and constructed of weather-resistant materials that protect the interior from the weather and windblown dust and debris;

(7) The floors, floor coverings, walls, wall coverings, and ceilings must be designed, constructed, and installed so they are smooth, nonabsorbent, and easily cleanable;

(8) Protective screens or movable windows must be provided for customer service windows and openings;

(9) All work surfaces which are used for food preparation must be nonabsorbent, easily cleanable, and durable;

(10) A safe and adequate supply of water must be provided in the mobile unit to furnish hot and cold water for handwashing, warewashing, and food preparation;

(11) A water supply tank must be installed in the mobile unit and must be designed and constructed as follows:

(a) From safe, durable, corrosion-resistant, and nonabsorbent materials;

(b) Enclosed from the filling inlet to the discharge outlet;

(c) Sloped to an outlet that allows complete drainage of the tank;

(d) Provided with a tank inlet that is 19.1 millimeters (3/4 inch) in inner diameter or less, with a hose connection of a size or type that will prevent its use for any other service, and with a cap to cover the inlet at all times;

(e) Positioned so that the water tank inlet is protected from contaminants such as waste discharge, road dust, oil, and grease;

(f) For gravity-flow or pump-provided systems only, provided with a water tank vent which terminates in a downward direction and is covered with 16 mesh to 25.4-millimeter (16 mesh to 1-inch) screen or equivalent when the vent is in a protected area or a protective filter when the vent is in an area that is not protected from windblown dirt and debris;

(g) For pressurized compressed air systems only, provided with a filter that does not pass oil or oil vapors and that is installed in the air supply line between the compressor and water system; and

(h) Provided with permanent plumbed lines from the water tank to fixtures in the mobile unit as required by article 20:54;

(12) A hot water heater must be provided in the mobile unit to provide a sufficient amount of hot water at a maximum temperature of 49°C (120°F) for handwashing and warewashing;

(13) A handwashing sink with hot and cold running water, hand soap, and paper towels must be provided in the mobile unit;

(14) A three-compartment warewashing sink with drainboard area must be provided in the mobile unit for washing equipment and utensils. However, a warewashing sink is not required if the mobile unit operates out of a commissary or other fixed food establishment that has warewashing facilities and returns at least daily to it;

(15) A sewage holding tank must be provided in a mobile unit and must be designed and constructed as follows:

(a) Sized 15 percent larger in capacity than the water supply tank;

(b) Sloped to a drain that is 25 millimeter (1 inch) in inner diameter or greater, equipped with a shut-off-valve;

(c) Installed so that the drain shut-off valve is lower than the water supply tank inlet; and

(d) Provided with permanently plumbed lines from fixtures to the holding tank that are installed according to article 20:54;

(16) Adequate lighting as per § 44:02:07:78, that is shielded must be provided; and

(17) A mechanical ventilation system as specified in § 44:02:07:49, consisting of a metal hood with removable metal grease-collecting filters must be provided over all cooking equipment producing smoke, steam, or grease vapors.

S.D. Admin. R. 44:02:07:90

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.