North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-03 - Food Vending Rules › Section 33-33-03-01 - Definitions

Current through Supplement No. 393, July, 2024
The following definitions shall apply in the interpretation
				  and the enforcement of this chapter.
1. "Adulterated" means the condition of a food (a) if it
				  bears or contains any poisonous or deleterious substance in a quantity which
				  may render it injurious to health; (b) if it bears or contains any added
				  poisonous or deleterious substance for which no safe tolerance has been
				  established by rule, or in excess of such tolerance if one has been
				  established; (c) if it consists in whole or in part of any filthy, putrid, or
				  decomposed substance, or if it is otherwise unfit for human consumption; (d) if
				  it has been processed, prepared, packed, or held under unsanitary conditions,
				  whereby it may have become contaminated with filth, or whereby it may have been
				  rendered injurious to health; or (e) if its container is composed in whole or
				  in part of any poisonous or deleterious substance which may render the contents
				  injurious to health.
2. "Approved" means acceptable to the state department of
				  health based on a determination as to conformance with appropriate standards
				  and good public health practice.
3. "Closed" means fitted together snugly leaving no openings
				  large enough to permit the entrance of vermin.
4. "Commissary" means catering establishment, restaurant, or
				  any other place in which food, containers, or supplies are kept, handled,
				  prepared, packaged, or stored, and directly from which vending machines are
				  serviced.
5. "Corrosion-resistant material" means a material which
				  maintains its original surface characteristics under prolonged influence of the
				  food, cleaning compounds, and sanitizing solutions which may contact it.
6. "Department" means the state department of health.
7. "Easily cleanable" means readily accessible and of such
				  material and finish, and so fabricated that residue may be completely removed
				  by normal cleaning methods.
8. "Employee" means any operator or any person employed by
				  the operator who handles any food to be dispensed through vending machines, or
				  who comes into contact with food-contact surfaces of containers, equipment,
				  utensils, or packaging materials, used in connection with vending machine
				  operations, or who otherwise services or maintains one or more such machines.
9. "Food" means any raw, cooked, processed edible substance,
				  or combination of substances, beverage, or ingredient used or intended for use
				  or for sale in whole or in part for human consumption.
10. "Food-contact surfaces" means those surfaces of equipment
				  and utensils with which food normally comes in direct contact, and those
				  surfaces with which food may come in contact and drain back onto surfaces
				  normally in contact with food.
11. "Machine location" means the room, enclosure, space, or
				  area where one or more vending machines are installed and operated.
12. "Misbranded" means the presence of any written, printed,
				  or graphic matter, upon or accompanying food or containers of food, including
				  signs or placards displayed in relation to such products, which is false or
				  misleading, or which violates any applicable state or local labeling
				  requirements.
13. "Operator" means any person who by contract, agreement,
				  or ownership takes responsibility for furnishing, installing, servicing,
				  operating, or maintaining one or more vending machines, or provides space for
				  vending machines.
14. "Perishable food" means any food of such type or in such
				  condition as may spoil.
15. "Person" means an individual, or a firm, partnership,
				  company, corporation, trustee, association, or any public or private entity.
16. "Potentially hazardous food" means any perishable food
				  which consists in whole or in part of milk or milk products, eggs, meat,
				  poultry, fish, shellfish, or other ingredients capable of supporting rapid and
				  progressive growth of infectious or toxigenic micro-organisms.
17. "Safe temperature" as applied to potentially hazardous
				  food, means temperatures of forty-five degrees Fahrenheit [7.22 degrees
				  Celsius] or below, or one hundred forty degrees Fahrenheit [60 degrees Celsius]
				  or above.
18. "Sanitize" means effective bactericidal treatment of
				  clean surfaces of equipment and utensils by a process which has been approved
				  by the department as being effective in destroying micro-organisms, including
				  pathogens.
19. "Single-service articles" means cups, containers, lids or
				  closures, plates, knives, forks, spoons, stirrers, paddles; straws, place mats,
				  napkins, doilies, wrapping materials; and all similar articles which are
				  constructed wholly or in part from paper, paperboard, molded pulp, foil, wood,
				  plastic synthetic, or readily destructible materials, and which are intended
				  for one usage only, then to be discarded.
20. "Vending machine" means any self-service device which
				  upon insertion of a coin, coins, or tokens dispenses food without the necessity
				  of replenishing the device between each vending operation. The term also
				  includes all freezers, refrigerators, and ovens used to store or prepare
				  prepackaged, preserved foods regardless of the manner in which the food is
				  taken from the freezer, refrigerator, or oven. Excluded from the definition of
				  food vending machines shall be bottled or canned soft drink dispensers;
				  prepackaged ice dispensers and freezers; prepackaged candy, cookie, cracker, or
				  similar nonpotentially hazardous food dispensers; and gumball, nut, and panned
				  candy dispensers.
General Authority: NDCC 19-02.1-24, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-24