The COVID Project
The record
- Jurisdiction
- South Dakota
- Level
- State
- Authority
- SDCL 34-1-17, 34-22-9, 34-23-13 (recited as General Authority in each rule)
- Issued
- 2026-09-29 Sept. 29, 2026
- Effective
- standing (read as 2026-09-29)
- End
- standing
- In force
- Standing since Sept. 29, 2026 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureWorkplace rulesQuarantine and isolationStanding duty
- Addressees
- persons generally (cases, carriers, contacts); owners or persons in possession of property (fomites); food handlers and their employers; health care workers; child care and health care facilities and institutions
- Character
- sanitary code duty
- Collection
- Standing duties: South Dakota DUT-SD
Operative words
'Public health measure,' counseling, immunization, preventive therapy, chemoprophylaxis, environmental sanitation, closure of establishment, exclusion from duty, isolation, quarantine, or other epidemiologically accepted measure imposed on persons or property to reduce morbidity and mortality... (1) For airborne diseases, physical isolation for the period of communicability
Penalty
The rules are enforced under SDCL 34-22-14 and 34-22-18 (Class 1 misdemeanor for failing to follow department directives under a declared public health emergency; Ex. DUT-SD-001), 34-1-28 (judicial enforcement; Ex. DUT-SD-002) and 34-22-18.1 (injunction)
What it required
The department's rules define the 'public health measure' it may impose 'on persons or property' to include 'environmental sanitation, closure of establishment, exclusion from duty, isolation, quarantine' (44:20:01:01(38)); adopt as control measures the APHA Control of Communicable Diseases Manual and 'more recent and equally reliable information... from the Centers for Disease Control and Prevention' (44:20:03:01); prescribe 'physical isolation for the period of communicability' for airborne diseases and 'exclusion from situations in which transmission can be reasonably expected to occur, such as work as a food handler, attendance at or work in a child care facility, health care facility, or institution' (44:20:03:02); authorize written public health notices directing a person 'to cease from specified conduct which endangers the health of others' and 'to cooperate with the department in implementation of recommended public health measures' (44:20:03:04) and directing the possessor of contaminated property to decontaminate it (44:20:03:07); and bar an infected food handler from work, making 'the owner or operator of the food producing, processing, or service establishment or the employer of the food handler... responsible for ensuring compliance' (44:20:03:09).
Retrieval noteSection 44:20:03:04 states the department's own restraint: 'The department may use restrictive public health measures only if other measures to protect the public health have failed, including efforts to obtain the voluntary cooperation of the person who may be the subject of such measures,' applying 'the least intrusive measures first.' The rule therefore treats a person's compliance with recommended measures as the first step of a compulsory scheme, not as conduct outside it. The 'recommendation' verbs of the Back to Normal Plan (Ex. SD-017) operate inside this scheme.