S.D. Admin. R. 44:02:07:93

Current through Register Vol. 51, page 54, October 28, 2024

Section 44:02:07:93 - Temporary food service establishment

A temporary food service establishment consists of a temporary food stand set up in a fixed location during a temporary event that does not exceed 14 days. A temporary 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 temporary operation and may prohibit the sale of some or all potentially hazardous food. The regulatory authority may, if no health hazard will result, waive or modify requirements of this chapter. A temporary food service establishment must meet the following requirements:

(1) Menu items for a temporary food service establishment will be reviewed individually and will be approved by the department dependent upon the facilities provided. Only those foods requiring limited preparation and handling may be served;

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

(3) Potentially hazardous food must be stored, cooked, held, and reheated to the proper temperatures identified in §§ 44:02:07:26 to 44:02:07:36, inclusive;

(4) Ice used in the temporary stand may be obtained only in chipped, crushed, or cubed form in plastic or wet-strength paper bags filled and sealed at the point of manufacture and until it is dispensed must be stored in these bags to prevent contamination;

(5) Dry storage items must be stored 15 centimeters (6 inches) above the floor on pallets or shelving and protected from contamination;

(6) Adequate cold storage must be provided either by refrigeration units or insulated containers to keep potentially hazardous foods at the required temperatures as specified in § 44:02:07:26;

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

(8) A temporary stand must be constructed of wood, canvas, or other material that effectively protects the food service area from the weather and other elements, such as dust and debris;

(9) The floor in the temporary stand must consist of concrete, machine-laid asphalt, wood, or other similar cleanable material that covers the entire food service area;

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

(11) A safe and adequate supply of hot and cold water must be provided;

(12) A handwashing sink or a temporary handwashing setup must be provided along with hand soap and paper towels. A temporary handwashing setup requires a minimum of a two-gallon insulated container with a spigot, filled with hot water, and a catch basin;

(13) A three-compartment warewashing sink or a temporary warewashing setup large enough to accommodate all utensils and equipment must be provided. A temporary warewashing setup requires three plastic tubs or pails for washing, rinsing, and sanitizing;

(14) Adequate drainboards must be provided to air-dry all utensils and equipment; and

(15) Wastewater generated in the stand must be disposed of in a sanitary sewer system or suitable storage device.

S.D. Admin. R. 44:02:07:93

23 SDR 195, effective 5/26/1997.

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

Law Implemented: SDCL 34-18-17, 34-18-18, 34-18-19, 34-18-22, 34-18-25.