44:02:07:38.  Date marking and disposition of ready-to-eat potentially hazardous food. Date marking and disposition of ready-to-eat potentially hazardous food must be handled in the following manner:

          (1)  Refrigerated, ready-to-eat, potentially hazardous food prepared and held for more than 24 hours in a food establishment must be marked with the date of preparation and must be discarded if not consumed within 10 calendar days from the date of preparation;

          (2)  A container of refrigerated, ready-to-eat, potentially hazardous food prepared and packaged by a food processing plant must be marked to indicate the date by which the food must be consumed or it must be consumed or discarded within 10 calendar days after the original package is opened in a food establishment. This requirement does not apply to whole, unsliced portions of a cured and processed product with the original casing maintained on the remaining portion, such as bologna, salami, or other sausage in a cellulose casing; and

          (3)  Refrigerated, ready-to-eat, potentially hazardous food prepared in a food establishment and dispensed through a vending machine with an automatic shut-off control that is activated at a temperature of 5°C (41°F) must be discarded if not sold within 10 days. If the automatic shut-off control is activated at a temperature of 7°C (45°F), the food must be discarded if not sold within three days;

          Subdivisions (1) and (2) of this section do not apply to individual meal portions served or repackaged for sale from a bulk container upon a consumer's request.

          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.