The license holder must require food employee applicants to whom a conditional offer of employment is made and current food employees to report information to the person in charge about their health and activities as they relate to diseases that are transmissible through food, including the date of onset of jaundice or of an illness specified in subdivision (1) of this section. A food employee or applicant must report the information in a manner that allows the person in charge to prevent the likelihood of food borne disease transmission. Information is reportable if the food employee or applicant meets any of the following conditions:

1. (1) Is diagnosed with an illness due to:

   1. (a) Salmonella spp.;
   2. (b) Shigella spp.;
   3. (c) Escherichia coli O157:H7;
   4. (d) Hepatitis A virus; or

   5. (e) Other diseases transmissible through food such as:

      1. (i) Amebiasis;
      2. (ii) Campylobacteriosis;
      3. (iii) Cholera;
      4. (iv) Norwalk virus;
      5. (v) Giardiasis;
      6. (vi) Staphylococcal or streptococcal infections; or
      7. (vii) Yersiniosis;

2. (2) Has a symptom caused by illness, infection, or another source that is:

   1. (a) Associated with an acute gastrointestinal illness, such as the following:

      1. (i) Diarrhea;
      2. (ii) Fever;
      3. (iii) Vomiting;
      4. (iv) Jaundice; or
      5. (v) Sore throat with fever; or

   2. (b) A lesion containing pus, such as a boil or infected wound that is open or draining and is located as follows:

      1. (i) On the hands or wrists, unless an impermeable cover such as a finger cot or stall protects the lesion and a single-use glove is worn over the impermeable cover;
      2. (ii) On exposed portions of the arms, unless the lesion is protected by an impermeable cover; or
      3. (iii) On other parts of the body, unless the lesion is covered by a dry, durable, tight-fitting bandage;
3. (3) Had a past illness from an infectious agent specified in subdivision (1) of this section; or

4. (4) Meets one or more of the following high-risk conditions:

   1. (a) Is suspected of causing, or being exposed to, a confirmed disease outbreak caused by Salmonella spp., Shigella spp., E. coli O157:H7, hepatitis A virus illness, or other disease transmissible through food, including an outbreak at an event such as a family meal, church supper, or ethnic festival because the food employee or applicant:

      1. (i) Prepared food implicated in the outbreak;
      2. (ii) Consumed food implicated in the outbreak; or
      3. (iii) Consumed food at the event prepared by a person who is infected or ill with the infectious agent that caused the outbreak or who is suspected of being a carrier of the infectious agent; or
   2. (b) Lives in the same household as a person who is diagnosed with a disease caused by Salmonella spp., Shigella spp., E. coli 0157:H7, hepatitis A virus infection, or other disease transmissible through food; or
   3. (c) Lives in the same household as a person who attends or works in a setting where there is a confirmed disease outbreak caused by Salmonella spp., Shigella spp., E. coli O157:H7, hepatitis A virus infection, or other disease transmissible through food.

Source: 23 SDR 195, effective May 26, 1997.

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

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