State of South Dakota
LEGISLATIVE ASSEMBLY, 2013
SENATE BILL NO. 72
Introduced by: Senators Maher and Adelstein and Representatives Cammack, Greenfield,
Heinert, and Verchio
FOR AN ACT ENTITLED, An Act to revise certain provisions concerning inspections of food
service establishments by the Department of Health.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-18-25.1 be amended to read as follows:
34-18-25.1. The department shall, at least annually, make one inspection of each lodging
establishment and campground and, at least twice annually, of each food service establishment
or mobile food service licensed under this chapter to ascertain that the lodging establishment,
campground, food service establishment, or mobile food service is in compliance with this
chapter and the rules promulgated pursuant to this chapter. The department shall charge an
inspection fee of twenty-five dollars for each inspection. The inspection shall take place during
business hours and shall be conducted by an authorized department inspector after presentation
of identification. The scope of the inspection is limited to those areas provided for in this
chapter and the rules promulgated pursuant to this chapter.
If the inspection fee is paid to the department prior to the inspection and the department
failed to make the required annual inspection or inspections, the department shall either return
the fee or apply the fee towards the annual license fee.
If the department failed to make two annual inspections of a food service establishment in
the previous year, the department, if requested by the owner of the establishment, may not post
its inspection findings until the second annual inspection has been completed by the department.