Starting Your Own Ice Cream Business in South Dakota

Ice Cream Shop (fixed location) requirements

In this model you are serving food (ice cream). The South Dakota food business page is here. Reproduced below (2/2021)

FOOD SERVICE LICENSING

STEP 1 ; COMPLETE THE FOOD SERVICE LICENSING PACKET

Download following materials or call the Office of Health Protection at 605-773-4945 to request the packet:

• Food Service Establishments Health and Safety Manual - Administrative Rules of South Dakota 44:02:07 (Food Service Code)
• License Application
• Food Service Plan Review Questionnaire
• Food Service Establishment Guidelines
• Sample Kitchen Layout
• Prep Sinks with Air Breaks Illustration
• Mobile Food Service Plan Review Questionnaire | Requirements
• Sample Mobile Floor Plan
• Fact Sheets for Food Safety Establishments

NOTE: If you need a food service license for a temporary event, use the Temporary Food Services Application and refer to Food Safety at Temporary Events.

STEP 2 ; MEET REQUIREMENTS

A. South Dakota Codified Law 34-18-23 requires establishments to notify the Department of any construction or alteration projects.

• 30 days before construction starts, submit detailed floor plan of food service kitchen to Office of Health Protection. Layout plans must be stamped by a professional engineer or architect for facilities larger than 4,000 square feet..
• Submit completed Plan Review QuestionnairePlan Review Questionnaire and floor plan to:
  SD Department of Health - Office of Health Protection - 600 E. Capitol - Pierre, SD - 57501-2536
  

B. If the establishment uses private sewer or water systems, they must be approved by the South Dakota Department of Environment and Natural Resources, 605-773-3351.

C. Complete, notarize, and submit the license / registration application with correct fee 30 days before completion of construction to:

• SD Department of Health - Office of Health Protection - 600 E. Capitol - Pierre, SD - 57501-2536
  

D. ARSD 44:02:07:03 requires food service establishments to have a certified food service manager. | scheduled Certified Food Service Manager courses

STEP 3 ; DEPARTMENT OF HEALTH REVIEW

A. Department staff review the layout plan and plan review questionnaire.

B. Department sends written notification regarding approval or changes required.

C. Department approves plan once all areas of plan comply with ARSD 44:02:07 (Food Service Code).
Questions? Contact a Health Protection Advisor in your region.

STEP 4 ; STATE INSPECTION

GET CERTIFIED AS A FOOD SERVICE MANAGER IN SOUTH DAKOTA

Administrative Rules of South Dakota 44:02:07:03 require food service establishments to have a certified food service manager. To meet this requirement:

• Attend an approved course and pass the test with a score of 75 or higher.
• Contact any of the following to find an approved course near you
  • South Dakota Retailers Association, Restaurant Division, 1-800-658-5545
  • Cash-Wa Distributing, 1-800-652-0010, Ext. 7123
  • Professional Server Certification Corporation, 1- 800-247-7737
  • Prometric
  • Reinhart FoodService, 1-800-756-5256 Ext.222
  • US Foods - North Dakota, 1-800-831-7318
  • Training Services, 651-355-8486
  • SuperSafeMark, 1-877-399-4925
  • Sysco North Dakota, 1-866-327-4699, Ext. 6307
  • National American University, 855-899-7915

  
  

• Or, check this schedule of available Certified Food Service Manager courses.
• Online training is available from Professional Server Certification Corporation. Student completes the training on the computer, then has a proctor administer the final examination. Call 1- 800-247-7737 or see www.Rserving.com
• Above Training/StateFoodSafety develops and publishes technology-enhanced food safety training and certification programs that provide superior value to regulatory, restaurant, and hospitality communities. https://www.statefoodsafety.com/
• Established in 1997, with a goal to lessen the stresses faced by food service operators, the primary goal of AAA Food Handler Training School (AAAFHTS) is to make your Certified Food Manager, Basic Food Handler, and all other certification processes as easy and painless as possible. http://www.aaafoodhandler.com/
• 360 Training is a leading provider of online food and alcohol safety training solutions for both businesses and professionals including ANSI accredited Food Handler and Food Manager programs, and State specific Alcohol Seller/Server training.
• Contact the Office of Health Protection at 605-773-4945 to request approval of alternative courses.

Recommendations:

Beyond the requirements, common sense, good practices and reducing liability suggests you should do the following.

Training

Take the ServSafe® training classes for Manager and employees, the 7th Edition Book that accompanies this course should be purchased here.. 

Testing of pH

It's best to use a pH meter, properly calibrated on the day used. I use this one, which is reliable and inexpensive. And this pH meter is really good, but isn't always available.
Short-range paper pH test strips, commonly known as litmus paper, may be used instead, if the product normally has a pH of 4.0 or lower and the paper's range includes a pH of 4.6.

Record-keeping is suggested

Keep a written record of every batch of product made for sale, including:

• ​Recipe, including procedures and ingredients
• Amount canned and sold
• Canning date
• Sale dates and locations
• Gross sales receipts
• Results of any pH test

Sanitation

Although inspections are not required, you should consider doing the following:

• ​Use clean equipment that has been effectively sanitized prior to use
• Clean work surfaces and then sanitize with bleach water before and after use
• Keep ingredients separate from other unprocessed foods
• Keep household pets out of the work area
• Keep walls and floors clean
• Have adequate lighting
• Keep window and door screens in good repair to keep insects out
• Wash hands frequently while working
• Consider annual testing of water if using a private well

BeBest Practices

• Allergens: Most state home baking acts require an "ingredient statement" and/or an "allergen listing" on the label of the bakery item for sale; but if your state does not, you should anyway. The eight major food allergens are l>
• milk,
• eggs,
• fish,
• crustacean shellfish,
• tree nuts,
• peanuts,
• wheat and
• soybean.

More resources:

• South Dakota Legislature Home Processing Food Law
• SDSU Extension Factsheet
• The original house bill (HB 1222)
• SD in-home bakery law, HB 1240.
• Fact Sheet: South Dakota Requirements for the Sale of Baked Goods
• Fact Sheet: SD Home-canned Processed Foods at Farmers Markets
• More FAQs about this SD law
• South Dakota Cooperative Extension "Drying Fruits, Vegetables, and Herbs: General Safe Food Handling Recommendations Sheet"
• SD Farmers Market Sampling Requirements Sheet
• SD Food Service Codes

Additional help:

SDSU Extension offers:

• staff who can be an information resource to provide data regarding food safety considerations on the product and process.
• testing your product for pH and water activity.
• review your label to check if it is meets the FDA Labeling requirements as outlined in the FDA Labeling Course.
• an ingredient declaration and nutrition facts panel based off of the recipe provided by you, the processor.
• Of course, it is your responsibility to ensure the accuracy of the label, but SDSU Extension can provide assistance using Genesis R&D Labeling software. The cost is $150 per product.

Interstate or Wholesale Commerce

South Dakota statutory requirements for the sale of baked goods and home-canned processed foods can be found in these SDSU Extension publications:

• Farmers Market Online Guidebook: Development, Operation, Promotion, Safety, Regulations
• Food Sampling Requirements
• Drying Foods

Questions? Contact Information:

For more information, contact

• Curtis Braun, MBA
  SDSU Extension Food Safety Field Specialist
  SDSU Extension Sioux Falls Regional Center
  2001 E. Eighth St.
  Sioux Falls, SD 57103
  Office: 605.782.3290