South Dakota Administrative Rules
Title 44 - Department of Health
Article 44:02 - Lodging and food service
Chapter 44:02:07 - Food service code
Section 44:02:07:85 - Handling and storage of poisonous and toxic materials

Only those poisonous or toxic materials that are required for the operation and maintenance of a food establishment, such as for the cleaning and sanitizing of equipment and utensils and the control of insects and rodents, are allowed in a food establishment. Original containers of poisonous or toxic materials and personal care items must bear a legible manufacturer's label. Working containers used for storing poisonous or toxic materials, such as cleaners and sanitizers taken from bulk supplies, must be clearly and individually identified with the common name of the material.

Poisonous or toxic materials must be stored so they may not contaminate food, equipment, utensils, linens, and single-service and single-use articles. Detergents, sanitizer, and other related cleaning or drying agents must be stored separately from pesticides by a partition constructed of nonabsorbent and cleanable materials or stored in a separate location in the establishment. Poisonous or toxic materials may not be stored above food, equipment, utensils, linens, and single-service or single-use articles.

The requirement for separate storage does not apply to equipment and utensil cleaners and sanitizers that are stored in warewashing areas for availability and convenience if the materials are stored to prevent contamination of food, equipment, utensils, linens, and single-service and single-use articles.

A container previously used to store poisonous or toxic materials may not be used to store, transport, or dispense food.

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

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