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 33-33-10-01 - Definitions

Current through Supplement No. 393, July, 2024
For purposes of this chapter:
1. "Adulterated" has the same definition as
				under North Dakota Century Code section 19-02.1-09.
2. "Baked goods" means a food usually
				produced from dough or batter which is baked before consuming, including bread,
				quick bread, lefse, fruit pies, custard pies, cakes, cheesecakes, cookies,
				biscuits, crackers, doughnuts, rolls, pastries with or without fillings,
				candies, or chocolates, or similar products, regardless of whether the food
				requires time and temperature control for safety.
3. "Commercial consumption" includes use of
				food in a food establishment, food processing plant, retail food store, or any
				other food operation requiring licensure under North Dakota Century Code
				section 23-09-16.
4. "Cottage food
				production area" means the portion of a private home or home kitchen where the
				preparation, packaging, storage, or handling of cottage food products
				occurs.
5. "Department" means the
				state department of health.
6.
				"Environmental health hazard" means a chemical agent, physical object,
				biological hazard, or any source of filth, cause of illness or injury, or
				condition that is a hazard to the public or to the environment.
7. "Food establishment" has the same
				definition as under North Dakota Century Code section 23-09-01.
8. "Food requiring time and temperature
				control for safety" means perishable food that is not modified in a way to
				limit the growth of undesirable micro-organisms or toxin formation unless
				maintained at a safe holding temperature of forty-one degrees Fahrenheit [5
				degrees Celsius] or below.
9.
				"Fresh cut fruit or vegetable" means a fruit or vegetable in its raw or natural
				state, altered from its whole state by cutting, slicing, chopping, shredding,
				or tearing. The harvest cut of the stem or stalk is not included in this
				definition.
10. "Frozen" means a
				food is maintained at a temperature no greater than zero degrees Fahrenheit
				[-17.8 degrees Celsius] or in a solid state.
11. "High acid foods" or "acidified foods"
				means foods naturally high in acid or foods that have been acidified by adding
				acid or by the action of a culture to reduce the equilibrium pH to four and
				six-tenths or below.
12.
				"Investigation" means entering, evaluating, photographing, and securing any
				samples, photographs, or other evidence from any cottage food operator, cottage
				food production area, point of sale, venue, or component thereof.
13. "Home-canned products" means high acid or
				acidified fruit or vegetables where the end product does not require time and
				temperature control for safety.
14.
				"Home-consumption" has the same definition as under North Dakota Century Code
				chapter 23-09.5. Home-consumption does not include the sale of cottage food
				products for commercial consumption.
15. "Home-processed products" means
				additional handling of food for dehydrating, freeze drying, or blanching and
				freezing fresh cut fruits and vegetables.
16. "Misbranded" means any false or
				misleading labeling of a food product; food offered for sale under the name of
				another food; or a food container made, formed, or filled as to be
				misleading.
17. "Point of sale"
				means the venue where the completion of a transaction involving the sale of
				cottage food products occurs directly between a cottage food operator and an
				informed end consumer. The exchange of buying and selling within the definition
				of transaction in North Dakota Century Code section 23-09.5-02 does not include
				advertising or marketing which can be conducted over the internet.
18. "Private home" means a single-family
				residence or an area within a rental unit where a single person or family
				resides. Private home does not include any group or communal residential
				setting within any type of structure or outbuilding, shed, barn, or other
				similar structure.
19. "Safe
				moisture level" means a level of moisture low enough to prevent the growth of
				undesirable micro-organisms in the finished food product. The measurement of
				moisture level or water activity at eighty-five hundredths or less is low
				enough to inhibit the growth of undesirable micro-organisms.
20. "Undesirable micro-organisms" means
				yeasts, molds, bacteria, viruses, protozoa, and parasites, and includes
				disease-causing pathogens having public health significance which subject food
				to decomposition, indicate food is contaminated with filth, or otherwise may
				cause food to be adulterated.
21.
				"Venue" means a farm, ranch, farmer's market, roadside produce stand, or group
				of booths where transactions involving cottage food products occur. Venue does
				not include establishments otherwise prohibited by law such as an establishment
				requiring licensure under North Dakota Century Code chapter 23-09.
General Authority:
NDCC 23-01-03(3)
Law Implemented:
NDCC 23-09.5
.