44:02:07:44.  General equipment and utensils -- Use limitations of certain materials. Equipment and utensils must be designed and constructed to be durable and to retain their characteristic qualities under normal use conditions. The use of the materials listed in this section for equipments and utensils used in food preparation and service is limited as follows:

 

          (1)  Cast iron may not be used for utensils or food-contact surfaces of equipment except as a surface for cooking. However, cast iron may be used in utensils for serving food if the utensils are used only as part of an uninterrupted process from cooking through service;

 

          (2)  Ceramic, china, crystal utensils, and decorative utensils, such as hand painted ceramic or china, that are used in contact with food must be lead-free or contain levels of lead not exceeding the following limits:

 

Lead Content in Utensils

 

Utensil Category	Description	Maximum Lead (mg/L)
Hot beverage mugs	Coffee mugs	0.5
Large hollowware	Bowls >1.1 L (1.16 QT)	1.0
Small hollowware	Bowls <1.1 L (1.16 QT)	2.0
Flat utensils	Plates, Saucers	3.0

 

          (3)  Copper and copper alloys, such as brass, may not be used in contact with a food that has a pH below 6, such as vinegar, fruit juice, or wine, or for a fitting or tubing installed between a backflow prevention device and a carbonator;

 

          (4)  Galvanized metal may not be used for utensils or food-contact surfaces of equipment that are used for beverages, acidic food, moist food, or hygroscopic food;

 

          (5)  Pewter may not be used as a food-contact surface. However, imitation pewter meeting the required characteristics of multiuse utensils as specified in § 44:02:07:43 may be used as a food-contact surface;

 

          (6)  Solder and flux containing lead in excess of 0.2 percent may not be used on surfaces that contact food;

 

          (7)  Wood and wood wicker may not be used as a food-contact surface except as provided in this subdivision. However, hard maple or an equivalently hard, close-grained wood may be used for cutting boards; cutting blocks; bakers' tables; and utensils such as rolling pins, doughnut dowels, salad bowls, and wooden paddles. Single-service items, such as chopsticks, stirrers, and wooden ice cream spoons, made from other wood materials may be used;

 

          (8)  Plastics must be of sufficient weight and thickness to permit repeated use and cleaning and sanitizing by normal methods as specified in §§ 44:02:07:56 and 44:02:07:58;

          (9) Linens, napkins, and sponges may not be used in contact with food; however, linens and napkins may be used to line containers used for service of baked bread or bread products if the linens and napkins are replaced each time the container is refilled for a new consumer. Cloth gloves may be used in direct contact with food that is subsequently cooked as required, such as frozen food or a primal cut of meat. Sponges may not be used in contact with cleaned and sanitized or in-use food-contact surfaces;

 

          (10)  Mollusc and crustacea shells may not be used more than once as serving containers; and

 

          (11)  Slash-resistant gloves that are used to protect hands during operations requiring cutting may be used in direct contact only with food that is subsequently cooked or with ready-to-eat food that will not be subsequently cooked if the slash-resistant gloves have a smooth, durable, and nonabsorbent outer surface or if the slash-resistant gloves are covered with a smooth, durable, nonabsorbent glove or single-use glove.

 

          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.