Skip to content
The COVID Project
  1. Library
  2. Standing duties: South Dakota
  3. DUT-SD-015

Ex. DUT-SD-015 Standing duty Primary source read

SDCL ch. 34-18 (§§ 34-18-2, 34-18-9, 34-18-22, 34-18-27, 34-18-27.1, 34-18-27.3, 34-18-32)

Health regulation of lodging and food service establishments: license required; minimum public health and safety rules; summary suspension on discovery of a hazardous condition; suspension or revocation for conduct detrimental to public health; violation as misdemeanor with each day a separate offense

South Dakota Legislature (codified statute administered by the Secretary of Health) · South Dakota (State)

The COVID Project

The record

Jurisdiction
South Dakota
Level
State
Authority
S.D. Codified Laws title 34, ch. 34-18 (Health Regulation of Lodging and Food Service Establishments and Campgrounds)
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
Limitation types
Business closureStanding dutyOperating condition
Addressees
  • specified businesses: lodging establishments, campgrounds, food service establishments, temporary and mobile food service establishments and their owners
Character
sanitary code duty
Collection
Standing duties: South Dakota DUT-SD

Operative words

The secretary of health, upon determining the existence of a hazardous condition that may immediately endanger human life or be seriously detrimental to public health may... summarily suspend the license of any... food service establishment... Any... owner violating the provisions of this chapter or the rules... shall be guilty of a Class 2 misdemeanor

Penalty

Class 2 misdemeanor, each day a separate offense (34-18-32; 22-6-2(2), Ex. DUT-SD-007); summary license suspension (34-18-27); denial, suspension or revocation (34-18-27.1)

What it required

Every restaurant, bar, hotel, motel, campground and food service business in South Dakota operated only under a Department of Health license (34-18-9), subject to the department's 'minimum public health and safety requirements' (34-18-22), summary suspension for 'a hazardous condition that may immediately endanger human life or be seriously detrimental to public health' (34-18-27), suspension or revocation for 'conduct or practices detrimental to the public health, safety, or welfare' (34-18-27.1(3)), complaint inspections (34-18-27.3) and a Class 2 misdemeanor with 'each and every day of operation after serving the notice of closure... a distinct and separate offense' (34-18-32).

Retrieval note

The Food Service Code (Ex. DUT-SD-016) is promulgated under 34-18-22 and 34-1-17. Sioux Falls Ord. 28-20 § 3 (Ex. SD-039) added, for licensees under SDCL title 35, 'a mandatory recommendation to the South Dakota Secretary of Revenue that such business's license be suspended or revoked.'.