2011 South Dakota Code
Title 34 PUBLIC HEALTH AND SAFETY
Chapter 18. Health Regulation Of Lodging And Food Service Establishments And Campgrounds
§34-18-25.3 Inspection of exempt establishments and campgrounds--Scope.

34-18-25.3. Inspection of exempt establishments and campgrounds--Scope. Upon receipt of a complaint, the department may enter and inspect any lodging establishment, campground, food service establishment, mobile food service establishment, or temporary food service establishment which is exempt from the licensing or license fee provisions of this chapter pursuant to §§ 34-18-17, 34-18-18, and 34-18-20 to determine if there are violations of this chapter or any of the rules promulgated thereunder. Before entering an establishment, the department shall obtain the consent of the owner or obtain a court order authorizing entry for the purpose of inspection except in those instances when an emergency exists. As used in this section, the term, emergency, means any circumstance which the department has reason to believe exists, which may constitute a hazardous condition that may endanger human life or be seriously detrimental to public health. The inspection shall take place during reasonable times 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 thereunder. After an inspection is completed, the department may proceed in accordance with § 34-18-19 or 34-18-26 to cause compliance with this chapter and the rules promulgated thereunder.

Source: SL 1991, ch 275.