South Dakota Administrative Rules
Title 44 - Department of Health
Article 44:02 - Lodging and food service
Chapter 44:02:07 - Food service code
Section 44:02:07:07 - Employee exclusions and restrictions

Universal Citation: SD Admin Rules 44:02:07:07

Current through Register Vol. 51, page 43, September 23, 2024

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);

(2) Except as specified under subdivision (3) of this section, restrict a food employee from working with exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles in a food establishment if the food employee is:

(a) Suffering from a symptom specified in subdivision 44:02:07:06(2); or

(b) Is not experiencing a symptom of acute gastroenteritis specified in subdivision 44:02:07:06(2)(a) but has a stool that yields a specimen culture that is positive for Salmonella spp. or Shigella spp.;

(3) If the population served is a highly susceptible population, exclude a food employee who:

(a) Is experiencing a symptom of acute gastrointestinal illness specified in subdivision 44:02:07:06(2)(a) and meets a high-risk condition specified in subdivisions 44:02:07:06(4)(a)-(c);

(b) Is not experiencing a symptom of acute gastroenteritis specified in subdivision 44:02:07:06(2)(a) but has a stool that yields a specimen culture that is positive for Salmonella spp., Shigella spp., or Escherichia coli O157:H7;

(c) Had a past illness from Salmonella spp. within the last three months; or

(d) Had a past illness from Shigella spp. or E. coli 0157:H7 within the last month; and

(4) For a food employee who is jaundiced;

(a) If the onset of jaundice occurred within the last seven calendar days, exclude the food employee for the food establishment; or

(b) If the onset of jaundice occurred more than seven calendar days before:
(i) Exclude the food employee from a food establishment that serves a highly susceptible population; or

(ii)Restrict the food employee from activities specified in subdivision 44:02:07:07(2) if the food establishment does not serve a highly susceptible population.

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

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

Disclaimer: These regulations may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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