reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-104

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-105

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-106

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-107

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-108

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-109

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-110

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-111

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-112

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-113

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-114

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-115

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-116

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-117

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-118

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-119

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-120

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-121

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-122

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-123

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-124

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-125

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-126

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-127

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-128

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-129

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-130

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-131

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-132

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-133

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-134

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-135

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-137

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-138

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-138.1

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-139

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-140

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-141

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-142

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-143

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04 - Food Code (Repealed) › Section 33-33-04-144

Current through Supplement No. 393, July, 2024
General Authority: NDCC 19-02.1-20, 23-01-03(3)
Law Implemented: NDCC
					 19-02.1-09.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-04.1 - Food Code › Section 33-33-04.1-01 - Adoption of the United States food and drug administration 2017 Model Food Code by reference

Current through Supplement No. 393, July, 2024
The provisions of the United States food and drug
				  administration 2017 Model Food Code and its supplement are adopted by reference
				  into this chapter, with the following modifications:
1. Paragraph 1-201.10 Statement of
				Application for Listing of Terms. For purposes of this chapter, subparagraph
				(3)(f) of the food establishment definition is revised as follows:
(f) A kitchen in a private home, such as a
				self-declared child care provider or an early childhood program licensed for
				thirty or fewer children pursuant to North Dakota Century Code chapter 50-11.1;
				or a bed-and-breakfast operation that prepares and offers food to guests if the
				home is owner occupied, the number of available guests bedrooms does not exceed
				six, breakfast is the only meal offered, the number of guests served does not
				exceed eighteen, and the consumer is informed by statements contained in
				published advertisements, mailed brochures, and placards posted at the
				registration area that the food is prepared in a kitchen that is not regulated
				and inspected by the regulatory authority; or
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-05 - Smoke Detector Rules › Section 33-33-05-01 - Smoke detectors required

Current through Supplement No. 393, July, 2024
Every sleeping room in a lodging establishment or assisted
				  living facility shall be equipped with a smoke detection device which has been
				  inspected and listed by underwriters laboratories, factory mutual engineering
				  division or equivalent. Smoke detectors shall be installed in accordance with
				  the manufacturer's installation instructions.
General Authority: NDCC 23-01-03(3), 23-09-02.1
Law Implemented: NDCC
					 23-09-02.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-05 - Smoke Detector Rules › Section 33-33-05-02 - Passageway devices - General alarm

Current through Supplement No. 393, July, 2024
Lodging establishments or assisted living facilities without
				  direct access from sleeping rooms to the outside shall have hallways or exit
				  corridors equipped with listed smoke detection devices. Hallway or exit
				  corridor smoke detection devices shall be wired into an approved fire alarm
				  system so as to sound an alarm when any of the smoke detection devices are
				  activated. Audible signaling appliances shall be located so as to be clearly
				  heard throughout the facility regardless of the maximum noise level under
				  normal conditions of occupancy. In all cases one appliance must be installed at
				  manufacturer's recommendations or for each thirty feet [9.15 meters] of hallway
				  or exit corridor or fraction thereof.
General Authority: NDCC 23-01-03(3), 23-09-02.1
Law Implemented: NDCC
					 23-09-02.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-05 - Smoke Detector Rules › Section 33-33-05-03 - Devices for the hard of hearing

Current through Supplement No. 393, July, 2024
At least one sleeping room in every lodging establishment or
				  assisted living facility shall be equipped with a listed smoke detection device
				  capable of producing at least eighty-five decibels of sound at ten feet [3.05
				  meters] and capable of flashing a two hundred fifty watt bulb for a period of
				  five minutes.
General Authority: NDCC 23-01-03(3), 23-09-02.1
Law Implemented: NDCC
					 23-09-02.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-05 - Smoke Detector Rules › Section 33-33-05-04 - Initial testing and certification

Current through Supplement No. 393, July, 2024
After a smoke detection system has been initially installed,
				  the lodging establishment or assisted living facility owner or manager shall
				  certify in writing to the state department of health that the system has been
				  tested and that each smoke detection device is working properly. Copies of
				  written installer certifications will be accepted as owner or manager
				  certifications.
General Authority: NDCC 23-01-03(3), 23-09-02.1
Law Implemented: NDCC
					 23-09-02.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-05 - Smoke Detector Rules › Section 33-33-05-05 - System inspection - Testing - Maintenance

Current through Supplement No. 393, July, 2024
1. No smoke detection device shall be
				approved unless the device installer:
a.
				Instructs the owner or manager in the operation of the system.
b. Provides the owner or manager with a set
				of written instructions for the proper maintenance and testing of the system.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-06 - Bed and Breakfast Facilities › Section 33-33-06-02 - Water supply

Current through Supplement No. 393, July, 2024
The water supply must be adequate, of a safe sanitary
				  quality and from a source approved by the department. The water supply may not
				  contain bacteriological, chemical, or physical impurities which affect, or tend
				  to affect public health, must meet the bacteriological standards of the United
				  States public health service for waters used upon public or interstate common
				  carriers, and is subject to examination by the department. If it is unfit for
				  drinking under these requirements, it either shall be improved to fulfill the
				  standards or the use thereof shall be discontinued.
1. Each private water source shall be sampled
				and tested for bacteria initially and every twelve-month period thereafter.
				Seasonal operations shall be sampled during the peak operating season.
2. Each private water source shall
				be sampled initially for nitrate analysis. Seasonal operations shall be sampled
				during the peak operating season.
3. Additional bacteriological or chemical
				tests may be required by the department.
4. Initially each private source shall be
				inspected for location, source protection, and design standards.
5. No cross connections with unapproved water
				supplies may exist.
6. Adequate
				hot water heating facilities shall be provided. Hot and cold running water
				under pressure shall be provided to food preparation areas, and any other areas
				in which water is required for cleaning.
General Authority: NDCC 23-01-03(3), 23-09.1-02
Law Implemented: NDCC
					 23-09.1-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-06 - Bed and Breakfast Facilities › Section 33-33-06-03 - Sewage

Current through Supplement No. 393, July, 2024
All sewage shall be disposed of in a public sewerage system
				  or in a sewage disposal system approved by the department.
1. An initial inspection shall be made of all
				existing onsite sewage disposal systems by the department. This inspection
				shall evaluate system adequacy and if no expansion of existing dwelling
				facilities is occurring. no expansion of the system may be required as long as
				the system is not failing or otherwise contaminating surface or ground water.
2. If an expansion of the dwelling
				facilities occurs, then evaluation of the onsite sewage disposal system shall
				be completed by the department. If the system is adequate, then no expansion of
				the system will be required. If the system is not adequate in size, then system
				expansion shall be required as per local regulations or, the requirements in ND
				Publication WP-74-1R (Septic Tank and Absorption Field Disposal Systems for the
				Home). Plans for expansion shall be submitted to the local jurisdiction or, the
				department, water supply and pollution control division, for review and
				approval prior to construction.
3.
				The department may require that the septic tank be opened to check its
				construction. If the department determines that pumping of the tank is
				necessary, the department may require this to occur.
4. If the department determines that the
				onsite system needs repair or a new system is required, then the system shall
				be repaired or replaced in accordance with local regulations, or ND Publication
				WP-74-1R (Septic Tank and Absorption Field Disposal Systems for the Home).
General Authority: NDCC 23-01-03(3), 23-09.1-02
Law Implemented: NDCC
					 23-09.1-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-06 - Bed and Breakfast Facilities › Section 33-33-06-04 - Food supplies

Current through Supplement No. 393, July, 2024
Food must be in sound condition, free from spoilage, filth,
				  or other contamination and must be safe for human consumption. Food shall be
				  obtained from or be equal to food from sources that comply with all laws
				  relating to food and food labeling. Before serving any food to the public, the
				  bed and breakfast facility shall comply with all applicable inspections of food
				  required by law. Fluid milk and fluid milk products used or served shall be
				  pasteurized and shall meet the grade A quality standards established by law.
General Authority: NDCC 23-01-03(3), 23-09.1-02
Law Implemented: NDCC
					 23-09.1-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-06 - Bed and Breakfast Facilities › Section 33-33-06-05 - General food protection

Current through Supplement No. 393, July, 2024
1. At all
				times, including while being stored, prepared, displayed, served, or
				transported, food shall be protected from potential contamination, including
				dust, insects, rodents, unclean equipment and utensils, unnecessary handling,
				coughs and sneezes, flooding, drainage, overhead leakage or overhead drippage
				from condensation and chemicals. The temperature of potentially hazardous food
				must be forty-one degrees Fahrenheit [5 degrees Celsius] or below or one
				hundred thirty-five degrees Fahrenheit [57.2 degrees Celsius] or above at all
				times, except during necessary periods of preparation and serving. Frozen food
				shall be kept at such temperatures as to remain frozen, except when being
				thawed for preparation or use. Potentially hazardous frozen food shall be
				thawed at refrigerator temperatures of forty-one degrees Fahrenheit [5 degrees
				Celsius] or below; or quick-thawed as part of the cooking process. An
				indicating thermometer shall be located in each refrigerator. Raw fruits and
				vegetables shall be washed thoroughly before use. Stuffings, poultry, stuffed
				meats and poultry, and pork and pork products shall be thoroughly cooked before
				being served. Salads made of meat, poultry, potatoes, fish, shellfish, or eggs,
				and other potentially hazardous prepared food, shall be prepared, preferably
				from chilled products, with a minimum of manual contact. Portions of food once
				served to an individual may not be served again.
2. Refrigeration facilities, hot food storage
				facilities, and effective insulated facilities shall be provided as needed to
				assure the maintenance of all food at required temperatures during storage,
				preparation, and serving.
3. Live
				pets are not allowed in any room or area in which food is being prepared for
				guests.
General Authority: NDCC 23-01-03(3), 23-09.1-02
Law Implemented: NDCC
					 23-09.1-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-06 - Bed and Breakfast Facilities › Section 33-33-06-06 - Food service equipment and utensils materials

Current through Supplement No. 393, July, 2024
Multiuse equipment and utensils shall be constructed and
				  repaired with safe materials, including finishing materials, shall be
				  corrosion-resistant and nonabsorbent; and shall be smooth, easily cleanable,
				  and durable under conditions of normal use. Single-service articles shall be
				  made from clean, sanitary, safe materials. Equipment, utensils, and
				  single-service articles may not impart odors, color, or taste, nor contribute
				  to the contamination of food.
Multiuse eating and drinking utensils, kitchenware, and
				  tableware used in the facility shall be sanitized after each use or,
				  single-service items may be used.
Acceptable means of dishwashing/sanitization shall be:
1. Manual cleaning and sanitizing
				utilizing a sink with two or three compartments with approved chemical
				sanitizer. Utensils shall be air-dried.
2. Mechanical home style dishwasher with a
				one hundred sixty degrees Fahrenheit [71.1 degrees Celsius] water supply
				provided by a booster heater or sanitizing cycle.
General Authority: NDCC 23-01-03(3), 23-09.1-02
Law Implemented: NDCC
					 23-09.1-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-06 - Bed and Breakfast Facilities › Section 33-33-06-07 - General employee health

Current through Supplement No. 393, July, 2024
1. No
				employee, while infected with a disease in a communicable form that can be
				transmitted by foods or who is a carrier of organisms that can cause such a
				disease or while afflicted with a boil, an infected wound, or an acute
				respiratory infection, may work in a bed and breakfast facility in any capacity
				in which there is a likelihood of such employee contaminating food or
				food-contact surfaces with pathogenic organisms or transmitting disease to
				other persons.
2. Bed and
				breakfast employees shall maintain a high degree of personal cleanliness and
				shall conform to good hygienic practices. Employees shall thoroughly wash their
				hands with soap and warm water before preparing or serving food.
General Authority: NDCC 23-01-03(3), 23-09.1-02
Law Implemented: NDCC
					 23-09.1-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-06 - Bed and Breakfast Facilities › Section 33-33-06-08 - Lighting and ventilation

Current through Supplement No. 393, July, 2024
Rooms and areas used in conjunction with bed and breakfast
				  facilities shall be lighted and ventilated as needed and shall be effective
				  under actual use conditions. Lighting fixtures and ventilating equipment shall
				  be kept clean and in good repair
General Authority: NDCC 23-01-03(3), 23-09.1-02
Law Implemented: NDCC
					 23-09.1-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-06 - Bed and Breakfast Facilities › Section 33-33-06-09 - Toilet, handwashing, laundry, and bathing facilities

Current through Supplement No. 393, July, 2024
1. Bed and breakfast facilities shall be
				provided with approved sanitary toilet, handwashing, and bathing facilities.
				These facilities, and laundry facilities used in conjunction with bed and
				breakfast facilities, shall be kept clean and in good repair.
2. All lavatories and baths shall be supplied
				with hot and cold running water. Each person who is provided accommodations
				shall be provided individual soap and clean individual bath cloths and towels.
3. The temperature of hot water
				furnished to handwashing sinks (lavatories), showers, and bathtubs may not
				exceed one hundred twenty degrees Fahrenheit [48.9 degrees Celsius].
4. Clean towels and bath cloths shall be
				stored and handled in a sanitary manner.
General Authority: NDCC 23-01-03(3), 23-09.1-02
Law Implemented: NDCC
					 23-09.1-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-06 - Bed and Breakfast Facilities › Section 33-33-06-10 - Beds, linens, and furniture

Current through Supplement No. 393, July, 2024
1.
				Furniture, mattresses, curtains, and draperies, etc., shall be kept clean and
				in good repair.
2. Clean bed linen
				in good repair shall be provided for each guest who is provided accommodations
				and shall be changed between guests and as often as necessary.
3. Clean linen shall be stored and handled in
				a sanitary manner and separate from soiled linen.
General Authority: NDCC 23-01-03(3), 23-09.1-02
Law Implemented: NDCC
					 23-09.1-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-06 - Bed and Breakfast Facilities › Section 33-33-06-11 - Insect and rodent control

Current through Supplement No. 393, July, 2024
Effective measures intended to minimize the presence of
				  rodents, flies, and other insects on the premises shall be utilized. The
				  premises shall be kept in such condition as to prevent the harborage or feeding
				  of insects or rodents. Openings to the outside shall be protected effectively
				  against the entrance of rodents and insects by tight-fitting, self-closing
				  doors, closed windows, screening, or other means.
General Authority: NDCC 23-01-03(3), 23-09.1-02
Law Implemented: NDCC
					 23-09.1-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-06 - Bed and Breakfast Facilities › Section 33-33-06-12 - General requirements

Current through Supplement No. 393, July, 2024
1.
				Pesticides, herbicides, and other substances which may be hazardous if
				ingested, inhaled, or handled shall be stored in a closet, cabinet, or box not
				accessible to young children.
2.
				Household cleaning agents such as bleaches, detergents, and polishes shall be
				stored out of the reach of young children.
3. Medications shall be stored in a separate
				cabinet, closet, or box not accessible to young children.
4. Bed and breakfast facilities shall be kept
				in a clean and sanitary condition.
General Authority: NDCC 23-01-03(3), 23-09.1-02
Law Implemented: NDCC
					 23-09.1-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-06 - Bed and Breakfast Facilities › Section 33-33-06-13 - Swimming pools and spas

Current through Supplement No. 393, July, 2024
When swimming pools and spas are provided for use by bed and
				  breakfast facility guests, they must be designed, constructed, and maintained
				  to protect the health and safety of its guests. A colorimetric test kit is
				  required for the monitoring and adjusting of disinfectant levels and pH in
				  swimming pools, spas, or other water recreational facilities. A weekly log of
				  disinfection levels and pH must be maintained by the owner of the facility.
General Authority: NDCC 23-01-03(3), 23-09.1-02
Law Implemented: NDCC
					 23-09.1-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-06 - Bed and Breakfast Facilities › Section 33-33-06-14 - Fire safety

Current through Supplement No. 393, July, 2024
Bed and breakfast facilities shall be in compliance with the
				  requirements of the Uniform Building Code and Uniform Fire Code as adopted and
				  enforced by the state fire marshal. The department shall report to the state
				  fire marshal violations of any provision of the code which might constitute a
				  fire hazard in the premises so inspected.
The requirements for fire/life/safety shall include, but not
				  be limited to, the following:
1.
				Smoke detectors.
a. A smoke detection device
				in good operating condition shall be mounted on the ceiling or wall at a point
				centrally located in the corridor or area giving access to rooms used for
				sleeping purposes. All smoke detectors shall be inspected and listed by
				underwriters' laboratories or an equivalent. Smoke detectors shall be installed
				in accordance with the manufacturer's installation instructions.
b. A smoke detector shall be installed in the
				basement of dwelling units having a stairway which opens from the basement into
				the dwelling. Such detector shall be connected to a sounding device or other
				detector to provide an alarm which will be audible in the sleeping area.
c. The owner of the facility shall
				test the battery-operated smoke detectors at least weekly and hard-wired
				detectors at least monthly and shall maintain written records which detail the
				date and results of the test.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-06 - Bed and Breakfast Facilities › Section 33-33-06-17 - Failure to comply with provisions of chapter

Current through Supplement No. 393, July, 2024
Any proprietor of any bed and breakfast facility who fails
				  to comply with any of the requirements of this chapter, or chapter 23-09.1 of
				  the North Dakota Century Code, shall be given notice of the violation and of a
				  reasonable time within which to comply with the requirements. The notice shall
				  be in writing and shall be delivered personally by the department or shall be
				  sent to the proprietor by any form of mail requiring a signed receipt and
				  resulting in delivery to the proprietor. If the proprietor of the bed and
				  breakfast facility fails to remedy the violations within the time stated within
				  the notice, the department may refuse to grant a new license, or suspend or
				  revoke the license through an administrative hearing held pursuant to chapter
				  28-32 of the North Dakota Century Code.
General Authority: NDCC 23-01-03(3), 23-09.1-02
Law Implemented: NDCC
					 23-09.1-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-06 - Bed and Breakfast Facilities › Section 33-33-06-18 - License fees

Current through Supplement No. 393, July, 2024
The annual license fee paid to the department by proprietors
				  of bed and breakfast facilities is fifty dollars. An additional amount of fifty
				  percent of the license fee must be imposed upon renewal if the license was not
				  renewed on or before February first following the expiration
				  date.
General Authority:
NDCC 23-01-03
Law Implemented:
NDCC
					 23-09.1-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-07 - Beverage License Fees › Section 33-33-07-01 - Beverage license fees

Current through Supplement No. 393, July, 2024
Before any beverage bottler, manufacturer, processor,
				  importer, jobber, or other retailer sells or distributes any nonalcoholic
				  beverage in North Dakota, that beverage must be licensed by the department. The
				  license fees for beverages are as follows:
1. Soda water, ginger ale, root beer, and
				pop, each brand or class, eighty dollars.
2. Concentrated extracts, fountain syrups,
				and beverage bases, each brand, eighty dollars.
3. True fruit juices and imitation or
				compound fruit beverages, each brand, eighty dollars. Mineral and spring water,
				and potable water sold by a private individual, firm, corporation, or limited
				liability company for household or culinary purposes, each brand, eighty
				dollars.
General Authority:
NDCC 23-01-03
Law Implemented:
NDCC
					 23-01-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-08 - Food Establishment License Fees › Section 33-33-08-01 - Food establishment license fees

Current through Supplement No. 393, July, 2024
The following annual license fees must be paid by the
				  proprietors of food establishments, assisted living facilities, schools, or
				  child care centers:
1. For a
				restaurant with general food service, one hundred ten dollars plus fifty cents
				per seat, with a maximum license fee of two hundred ten dollars.
2. For a limited restaurant, one hundred ten
				dollars.
3. For a retail food
				store, retail meat market, or bakery with not more than two thousand five
				hundred square feet [232.26 square meters], one hundred ten dollars.
4. For a retail food store, retail meat
				market, or bakery with two thousand five hundred to five thousand square feet
				[232.26 to 464.52 square meters], one hundred twenty dollars.
5. For a retail food store, retail meat
				market, or bakery with more than five thousand square feet [464.52 square
				meters], one hundred forty dollars.
6. For a bar or tavern dispensing beer,
				liquor, or other alcoholic beverages, eighty dollars.
7. For a mobile food unit or temporary food
				stand, one hundred ten dollars.
8.
				For a food processing facility, sixty dollars.
9. For an assisted living facility, one
				hundred twenty dollars.
10. For a
				school, one hundred forty dollars.
11. For a child care facility, fifty dollars.
If a business operates more than one type of food
				  establishment on the same premises and under the same management, the
				  department shall issue a single license stating the types of establishments the
				  business is licensed for and the maximum license fee charged may not exceed one
				  hundred fifty dollars for those establishments with not more than two thousand
				  five hundred square feet [232.26 square meters], two hundred ten dollars for
				  those establishments with two thousand five hundred square feet [232.26 square
				  meters] to not more than five thousand square feet [464.52 square meters], and
				  two hundred ninety dollars for those establishments over five thousand square
				  feet [464.52 square meters].
General Authority:
NDCC 23-01-03
Law Implemented:
NDCC
					 23-01-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-09 - Assisted Living Facilities › Section 33-33-09-01 - Emergency lighting

Current through Supplement No. 393, July, 2024
Emergency lighting for means of egress shall be provided in
				  all assisted living facilities. Emergency illumination shall be provided for
				  not less than one and one-half hours in the event of failure of normal
				  lighting. Emergency lighting facilities shall be arranged to provide initial
				  illumination that is not less than an average of one footcandle [10 lux]. Where
				  each living unit has a direct exit to the outside of the building at ground
				  level, no emergency lighting shall be required.
General Authority: NDCC 23-09-02
Law Implemented: NDCC
					 23-09-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-09 - Assisted Living Facilities › Section 33-33-09-02 - Emergency plans

Current through Supplement No. 393, July, 2024
All assisted living facilities must have a current, written
				  emergency disaster plan. That plan must contain a plan for evacuation,
				  addresses elements of sheltering in place, identifies temporary relocation
				  sites, and details staff assignments in the event of a disaster or an
				  emergency. The emergency disaster plan must be readily available for review by
				  any tenant, family member, or emergency responders. An emergency evacuation
				  route should be posted prominently in the facility.
General Authority: NDCC 23-09-02
Law Implemented: NDCC
					 23-09-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-09 - Assisted Living Facilities › Section 33-33-09-03 - Sprinkler systems

Current through Supplement No. 393, July, 2024
If sprinkled, systems should be inspected and maintained
				  according to National Fire Protection Association 25, Standard for the
				  Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems.
				  Smoke detection systems shall be installed and maintained as specified in
				  chapter 33-33-05.
General Authority: NDCC 23-09-02
Law Implemented: NDCC
					 23-09-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-10 - PREPARATION OF COTTAGE FOOD PRODUCTS FOR SALE › Section 33-33-10-02 - Cottage food products

Current through Supplement No. 393, July, 2024
The following food products are not within the definition of
				  cottage food products as used in subsection 1 of North Dakota Century Code
				  section 23-09.5-01 and therefore not authorized for sale under North Dakota
				  Century Code chapter 23-09.5:
1. Meat,
				wild game, fish, seafood, or shellfish, or products containing such items. A
				cottage food operator may only sell uninspected raw poultry or shell eggs as
				authorized by subdivision d of subsection 3 of North Dakota Century Code
				section 23-09.5-02. Pursuant to subsection 7 of North Dakota Century Code
				section 23-09.5-02 such products requiring time and temperature control for
				safety must be transported and maintained frozen and include the required safe
				handling instructions and product disclosure statement.
2. Home-canned products, unless the products
				are high acid or acidified foods that are processed and canned in this state
				and the pH level is verified by a calibrated pH meter.
3. Food requiring time and temperature
				control for safety, unless the food is otherwise authorized under this section
				or meets the requirements of this subsection. Food requiring time and
				temperature control for safety must be transported and maintained frozen and
				include the required safe handling instructions and product disclosure
				statement. Cottage food products authorized for sale under this subsection are
				the following:
a. Baked goods;
b. Home-processed fresh cut fruits and
				vegetables that are dehydrated or freeze dried and have a safe moisture
				level;
c. Home-processed fresh cut
				fruits and vegetables that are blanched and frozen; or
d. Uninspected raw poultry pursuant to
				subdivision d of subsection 3 of North Dakota Century Code section
				23-09.5-02.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-10 - PREPARATION OF COTTAGE FOOD PRODUCTS FOR SALE › Section 33-33-10-03 - Safe handling instructions and product disclosure statement

Current through Supplement No. 393, July, 2024
1. A cottage food operator may not sell an
				adulterated or misbranded cottage food product.
2. A cottage food operator shall label all
				cottage food products that require time and temperature control for safety with
				safe handling instructions and a product disclosure statement as required under
				subsection 7 of North Dakota Century Code section 23-09.5-02. The safe handling
				instructions and product disclosure statement required under subsection 7 of
				North Dakota Century Code section 23-09.5-02 must:
a. Appear on the product packaging labeled
				prominently and conspicuously and in a legible type size;
b. Include the phrase "safe handling
				instructions" in bold capital letters; and
c. Contain the following safe handling
				instructions where applicable:
(1) For baked
				goods that require time and temperature control for safety: "Previously Handled
				Frozen for Your Protection - Refreeze or Keep Refrigerated."
(2) For fresh cut fruits and vegetables that
				are blanched and frozen: "Handled Frozen for Your Protection - Refreeze or Keep
				Refrigerated."
(3) For uninspected
				raw poultry: "Previously Handled Frozen for Your Protection -Refreeze or Keep
				Refrigerated. Thaw in a refrigerator or microwave. Keep poultry separate from
				other foods. Wash cutting surfaces, utensils, and hands after touching raw
				poultry. Cook thoroughly."
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-10 - PREPARATION OF COTTAGE FOOD PRODUCTS FOR SALE › Section 33-33-10-04 - Illness or environment health complaint investigation

Current through Supplement No. 393, July, 2024
1. Authorized representatives of the
				department or local regulating authority may access a cottage food production
				area of a cottage food operator's private home, point of sale, or venue where
				transactions of cottage foods take place to conduct an investigation upon
				complaint of an illness or environmental health. The cottage food operator may
				request to see the representatives' credentials.
2. If the department or local regulatory
				authority determines, as part of an investigation conducted in accordance with
				subsection 9 of North Dakota Century Code section 23-09.5-02 the source of an
				environmental health hazard or an illness complaint is associated with
				preparation, processing, packaging, or point of sale of a cottage food product,
				or otherwise associated with the cottage food operation, and poses a threat to
				public health or safety, where all reasonable measures have not been taken to
				ensure a cottage food product is not adulterated, contaminated by undesirable
				micro-organisms, or that cottage food product is misbranded or misrepresented
				to the informed end consumer, the cottage food operator will be notified and
				the department will act in accordance with North Dakota Century Code chapter
				19-02.1.
3. The cottage food
				operator shall prepare and submit to the department a plan of correction in
				accordance with the minimum standards of these rules and North Dakota Century
				Code chapter 23-09.5. The plan shall contain adequate information to enable the
				department to determine whether the proposed corrective action measures will
				abate or prevent ongoing threat to public health.
General Authority:
NDCC 23-01-03(3)
Law Implemented:
NDCC 19-02.1,
					 23-09.5-02(9)
.