reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-27 - Lake Restoration Program › Chapter 33-27-01 - North Dakota Lake Restoration Program › Section 33-27-01-03 - Eligibility

Current through Supplement No. 393, July, 2024
All units of government are eligible for lake restoration
				  program assistance. For a project to be eligible, the lake concerned must have
				  recreational value, and must be accessible to the public.
General Authority: NDCC 61-30-02
Law Implemented: NDCC 61-30-02,
					 61-30-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-27 - Lake Restoration Program › Chapter 33-27-01 - North Dakota Lake Restoration Program › Section 33-27-01-04 - Prioritization

Current through Supplement No. 393, July, 2024
Each request for a lake ranking will be subject to the
				  following criteria. The numerical score assigned will dictate the individual
				  lake's priority rating. The priority ranking list of candidate lakes will be
				  updated every two years, or when a lake can increase twenty or more points.
Criteria
Points
1. The percent of shoreline accessible to the public
a. Less than 10 percent
2
b. 10 percent - 25 percent
4
c. 25 percent - 50 percent
10
d. Greater than 50 percent
15
2. Public recreational facilities
a. Picnic tables
2
b. Toilets
2
c. Garbage collection
2
d. Camping area
2
e. Boat launching ramp
2
f. City or county park
5
g. State park
10
3. Lake user population within twenty-mile radius
							 (each cabin represents a population of five)
a. Less than 3,000
2
b. 3,000 - 8,000
4
c. 8,000 - 20,000
6
d. Greater than 20,000
10
4. Lake size, type, and depth
a. Less than 100 acres
2
b. 100 - 250
4
c. 250 - 500
6
d. Greater than 500
10
a. Man-made
5
b. Natural lake
20
a. Maximum depth less than 20 feet
5
b. Maximum depth 20-30 feet
10
c. Maximum depth greater than 30 feet
20
a. Watershed/lake size ratio greater than 10
5
b. Watershed/lake size ratio 5-10
10
c. Watershed/lake size ratio less than 5
20
5. Baseline water quality data
a. No water quality data
0
b. Less than 5 water quality sampling dates
5
c. One year comprehensive limnological data
25
6. Numerical lake classification (Standards of water
							 quality for state of North Dakota)
a. Class 1 and 2 cool and cold water fishery
10
b. Class 3 warm water fishery
8
c. Class 4 marginal fishery
6
d. Class 5 not capable of supporting a fishery
2
7. Proximity of lake to other lakes having similar
							 size and recreational
a. Less than 10 miles
0
b. 10 - 30 miles
5
c. Greater than 30 miles
10
A minimum of five lakes with the highest priority ranking
				  will undergo a baseline limnological survey and a public meeting will be held
				  near the lake to provide an assessment of the local financial commitment
				  necessary to proceed with a project.
In the event tentative financial arrangements cannot be
				  made, the individual lake will maintain its rating for four years.
General Authority: NDCC 61-30-02
Law Implemented: NDCC
					 61-30-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-27 - Lake Restoration Program › Chapter 33-27-01 - North Dakota Lake Restoration Program › Section 33-27-01-05 - Application procedures

Current through Supplement No. 393, July, 2024
All applications for assistance must be made to the
				  department and contain written assurance from any affected soil conservation
				  district that the plan has been approved by the district to control point and
				  nonpoint pollution which comes under their jurisdiction. Other information
				  needed:
1. The name of the lake or
				reservoir.
2. Location of the
				lake, county, and distance from nearest town.
3. A description of the physical
				characteristics of the lake including major hydrologic inflows and outflows.
4. A description of the type and
				amount of public access, and the public benefits that would be derived by
				implementation of a project.
5. A
				description of any recreational uses of the lake that are impaired due to
				degraded water quality.
6. A
				description of the local interests and monetary resources committed to
				restoring the lake.
7. A map of
				the lake watershed, including size, general topography, soil types, and land
				use.
8. Identification of any
				point sources of pollution.
9. A
				discussion and analysis of historical baseline limnological data, and one year
				of current limnological data.
10.
				Describe alternatives for restoring the lake, including costs, environmental
				impacts, and probable success.
11.
				A milestone schedule identifying major work outputs, and expenditure of funds.
General Authority: NDCC 61-30-02
Law Implemented: NDCC 61-30-02,
					 61-30-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-27 - Lake Restoration Program › Chapter 33-27-01 - North Dakota Lake Restoration Program › Section 33-27-01-06 - Application review criteria

Current through Supplement No. 393, July, 2024
The department staff will review all applications within
				  sixty days. Each application review will be based on the following criteria,
				  after which the applicant will have sixty days to satisfy deficiencies.
1. State priority ranking/score.
2. Technical feasibility.
3. Lake ecosystem improvements anticipated.
4. Extent of public benefits.
5. Reasonableness of costs.
6. Recreation improvements
				anticipated.
7. Fish and wildlife
				improvements anticipated.
8.
				Mitigation of adverse environmental impacts.
9. Proposed operation and maintenance plan.
10. The ability of the applicant
				unit of government to implement the project.
General Authority: NDCC 61-30-02
Law Implemented: NDCC
					 61-30-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-27 - Lake Restoration Program › Chapter 33-27-01 - North Dakota Lake Restoration Program › Section 33-27-01-07 - Variances

Current through Supplement No. 393, July, 2024
The department may waive portions of the application
				  procedures and review criteria for projects that are limited in scope of work
				  and cost.
General Authority: NDCC 61-30-02
Law Implemented: NDCC
					 61-30-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-27 - Lake Restoration Program › Chapter 33-27-01 - North Dakota Lake Restoration Program › Section 33-27-01-08 - Distribution of funds

Current through Supplement No. 393, July, 2024
1.
Types of
				assistance.
The department will make grants to units of government for
				eligible project costs at a sum not to exceed twenty-five percent when federal
				funding is available. No grants shall be made for studies to determine the
				necessity or feasibility of eligible projects.
2.
Contracts.
Grants may be
				awarded to units of government, which may in turn subcontract for all or any
				portion of the specific project, subject to approval of the department.
3.
Payments.
All
				eligible project costs will be paid by the department on a cost reimbursement
				basis. The unit of government responsible for implementing the project must
				submit signed vouchers for reimbursement.
General Authority: NDCC 61-30-02
Law Implemented: NDCC 61-30-02,
					 61-30-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-27 - Lake Restoration Program › Chapter 33-27-01 - North Dakota Lake Restoration Program › Section 33-27-01-09 - Reports

Current through Supplement No. 393, July, 2024
The department shall require that all successful applicants
				  file quarterly reports containing progress to date, and funds expended.
General Authority: NDCC 61-30-02
Law Implemented: NDCC
					 61-30-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-28 - North Dakota Adult Abuse Programs › Chapter 33-28-01 - Spouse Abuse Programs › Section 33-28-01-01 - Governing authority

Current through Supplement No. 393, July, 2024
Adult abuse programs receiving domestic violence prevention
				  fund moneys shall operate in accordance with North Dakota Century Code chapter
				  14-07.1.
General Authority: NDCC 14-07.1-16
Law Implemented: NDCC
					 14-07.1-16
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-28 - North Dakota Adult Abuse Programs › Chapter 33-28-01 - Spouse Abuse Programs › Section 33-28-01-02 - Effect of rules

Current through Supplement No. 393, July, 2024
All rules adopted by the health council under the powers
				  granted by any provisions of the North Dakota Century Code shall be binding
				  upon all adult abuse programs receiving grants from the North Dakota domestic
				  violence prevention fund, and shall have the force and effect of law.
General Authority: NDCC 14-07.1-16
Law Implemented: NDCC
					 14-07.1-16
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-28 - North Dakota Adult Abuse Programs › Chapter 33-28-01 - Spouse Abuse Programs › Section 33-28-01-03 - Definitions

Current through Supplement No. 393, July, 2024
1. "Emergency safe housing" means any form of short-term
				  housing other than a safe home or shelter provided to a victim of adult abuse.
2. "Safe home" means a private volunteer home which has
				  agreed to provide shelter to an abused adult and the adult's children for one
				  to three days. The police may make regular patrols of the homes at the
				  discretion of the individual programs.
3. "Shelter" means a permanent shelter facility run by the
				  program, making housing and food available to the abused adult and the adult's
				  children twenty-four hours a day, seven days a week. Generally the length of
				  stay in a shelter is longer than in a safe home; staying approximately five to
				  ten days.
General Authority: NDCC 14-07.1-16
Law Implemented: NDCC
					 14-07.1-16
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-28 - North Dakota Adult Abuse Programs › Chapter 33-28-01 - Spouse Abuse Programs › Section 33-28-01-04 - Shelter facility management

Current through Supplement No. 393, July, 2024
In order to receive moneys from the domestic violence
				  prevention fund, a spouse abuse program maintaining a shelter must meet these
				  requirements:
1. The shelter shall
				provide twenty-four-hour supervision when clients are residing in the shelter.
2. The shelter shall develop and
				implement evacuation plans for fire and tornado disasters.
3. The shelter shall maintain an effective
				security system.
4. The shelter
				shall maintain fire safety standards of the state.
General Authority: NDCC 14-07.1-16
Law Implemented: NDCC
					 14-07.1-16
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-28 - North Dakota Adult Abuse Programs › Chapter 33-28-01 - Spouse Abuse Programs › Section 33-28-01-05 - Safe home system

Current through Supplement No. 393, July, 2024
In order to receive moneys from the domestic violence
				  prevention fund, a spouse abuse program maintaining a safe home system must
				  meet these requirements:
1. The
				program shall develop and implement a safe home recruitment procedure which
				involves a screening process and home interview.
2. The program shall provide a formal or
				informal support system for safe home providers, e.g., volunteer liaison,
				periodic meetings, etc.
3. The
				program shall provide at least three hours of orientation before beginning
				service as a safe home.
General Authority: NDCC 14-07.1-16
Law Implemented: NDCC
					 14-07.1-16
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-28 - North Dakota Adult Abuse Programs › Chapter 33-28-01 - Spouse Abuse Programs › Section 33-28-01-06 - Emergency safe housing

Current through Supplement No. 393, July, 2024
In order to receive moneys from the domestic violence
				  prevention fund, a spouse abuse program maintaining emergency safe housing must
				  meet these requirements:
1. The
				program must notify the management of an emergency safe housing system prior to
				utilization of that system as a housing for any abused adult.
2. The program must ensure that immediate
				access to program staff is available from the emergency safe housing facility.
General Authority: NDCC 14-07.1-16
Law Implemented: NDCC
					 14-07.1-16
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-28 - North Dakota Adult Abuse Programs › Chapter 33-28-01 - Spouse Abuse Programs › Section 33-28-01-07 - Twenty-four-hour service

Current through Supplement No. 393, July, 2024
All programs must have access to twenty-four-hour crisis
				  lines by which project personnel may be reached.
General Authority: NDCC 14-07.1-16
Law Implemented: NDCC
					 14-07.1-16
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-28 - North Dakota Adult Abuse Programs › Chapter 33-28-01 - Spouse Abuse Programs › Section 33-28-01-08 - Training of volunteer staff advocates

Current through Supplement No. 393, July, 2024
Programs must provide a minimum of twelve hours of
				  preservice training to volunteer staff advocates. Training must include:
1. Initial orientation.
2. On-the-job training and supervision.
3. An evaluation process.
General Authority: NDCC 14-07.1-16
Law Implemented: NDCC
					 14-07.1-16
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-28 - North Dakota Adult Abuse Programs › Chapter 33-28-01 - Spouse Abuse Programs › Section 33-28-01-09 - Staff evaluation

Current through Supplement No. 393, July, 2024
Programs must utilize a staff performance evaluation for
				  both paid and volunteer staff.
General Authority: NDCC 14-07.1-16
Law Implemented: NDCC
					 14-07.1-16
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-28 - North Dakota Adult Abuse Programs › Chapter 33-28-01 - Spouse Abuse Programs › Section 33-28-01-10 - Nondiscrimination

Current through Supplement No. 393, July, 2024
Shelter facilities and all other shelter programs must
				  implement a policy of racial nondiscrimination.
General Authority: NDCC 14-07.1-16
Law Implemented: NDCC
					 14-07.1-16
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-28 - North Dakota Adult Abuse Programs › Chapter 33-28-01 - Spouse Abuse Programs › Section 33-28-01-11 - Advocacy, information, or referral

Current through Supplement No. 393, July, 2024
Programs must provide advocacy with, information about, or
				  referral to the following:
1. Court
				system.
2. Legal counsel.
3. Medical community.
4. Social service financial assistance
				programs.
5. Social service
				support services.
6. Community
				self-help groups.
7. Mental health
				professionals.
8. Law enforcement
				agencies.
General Authority: NDCC 14-07.1-16
Law Implemented: NDCC
					 14-07.1-16
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-28 - North Dakota Adult Abuse Programs › Chapter 33-28-01 - Spouse Abuse Programs › Section 33-28-01-12 - Data collection

Current through Supplement No. 393, July, 2024
Programs shall comply with the requirements of the division
				  of maternal and child health, state department of health, in providing
				  statistical data.
General Authority: NDCC 14-07.1-16
Law Implemented: NDCC
					 14-07.1-16
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-28 - North Dakota Adult Abuse Programs › Chapter 33-28-01 - Spouse Abuse Programs › Section 33-28-01-13 - Records and reporting

Current through Supplement No. 393, July, 2024
Programs shall agree to keep records relating to the
				  disbursement of domestic violence prevention funds in a manner acceptable to
				  the state department of health, and submit periodic fiscal and program reports,
				  as required by the department.
General Authority: NDCC 14-07.1-16
Law Implemented: NDCC
					 14-07.1-16
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-28 - North Dakota Adult Abuse Programs › Chapter 33-28-01 - Spouse Abuse Programs › Section 33-28-01-14 - Local support

Current through Supplement No. 393, July, 2024
Programs must be able to demonstrate significant, active
				  community support of and involvement in the program by providing a twenty-five
				  percent match for grants (in cash or in kind) from local sources.
General Authority: NDCC 14-07.1-16
Law Implemented: NDCC
					 14-07.1-16
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-29 - Pool Facilities › Chapter 33-29-01 - Pool Facilities in North Dakota › Section 33-29-01-01 - Definitions

Current through Supplement No. 393, July, 2024
The following definitions apply as used in this chapter:
1. "Appurtenances" means all filtration systems, chlorination
				  systems, pumps, valves, meters, bathhouses or other devices, walkways, or
				  buildings utilized for the proper supervision, operation, and maintenance of a
				  pool facility.
2. "Bather" means any person using the pool and adjoining
				  deck areas for the purpose of water sports or related activities.
3. "Maximum contaminant level" means the maximum permissible
				  number of organisms as indicated on the standard plate count, membrane filter,
				  or in the fermentation tube test.
4. "Pool facility" means a public, semipublic, special use
				  pool, or spa.
5. "Premises" means the area enclosed by a barrier and any
				  adjacent support facilities such as bathhouses, clubhouses, shower rooms,
				  equipment rooms, etc., including the office of operational and maintenance
				  personnel.
6. "Private" means a pool or spa which is located on private
				  property under the control of the homeowner, the use of which is limited to
				  swimming or bathing by members of the owner's family or their invited guests.
7. "Public" means a pool or spa intended to be used
				  collectively by the general public for swimming or bathing, regardless of
				  whether a fee is charged for such use.
8. "Semipublic" means a pool or spa on the premises of, or
				  part of, a motel, mobile home park, apartment, condominium, subdivision, club,
				  camp, institution, school, or similar establishments where the primary business
				  of the establishment is not the operation of a pool or spa and where admission
				  to the use of the pool or spa is included in the fee, or consideration paid or
				  given for the primary use of the premises to such groups and their invited
				  guests.
9. "Spa" means a pool used exclusively in conjunction with
				  high velocity air or high velocity water recirculation systems utilizing hot,
				  cold, or ambient temperature water including all appurtenances used in
				  connection with the spa.
10. "Special use" means a pool or spa used exclusively for a
				  particular purpose, including but not limited to treatment pools, therapeutic
				  pools, and special pools for water therapy.
11. "Swimming pool" means any indoor or outdoor structure,
				  basin, chamber, or tank containing an artificial body of water for swimming,
				  diving, wading, or recreative bathing including all appurtenances used in
				  connection with the swimming pool.
General Authority: NDCC 23-01-03
Law Implemented: NDCC
					 23-01-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-29 - Pool Facilities › Chapter 33-29-01 - Pool Facilities in North Dakota › Section 33-29-01-04 - Maximum contaminant level

Current through Supplement No. 393, July, 2024
The maximum contaminant level for pool facility water may
				  not exceed two hundred bacteria colonies per one milliliter of sample on a
				  standard plate count or show the presence of organisms of the coliform group in
				  a fermentation tube test or membrane filter test.
General Authority: NDCC 23-01-03
Law Implemented: NDCC
					 23-01-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-29 - Pool Facilities › Chapter 33-29-01 - Pool Facilities in North Dakota › Section 33-29-01-06 - Turbidity/clarity requirements

Current through Supplement No. 393, July, 2024
Swimming pool water must have sufficient clarity at all
				  times such that the main drain or drains located at the deep end of the pool
				  are clearly visible from the pool decking or a black and white disk, six inches
				  [15.24 centimeters] in diameter, is clearly visible from the pool decking when
				  placed at the deep end of the pool.
General Authority: NDCC 23-01-03
Law Implemented: NDCC
					 23-01-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-29 - Pool Facilities › Chapter 33-29-01 - Pool Facilities in North Dakota › Section 33-29-01-07 - Disinfectant residual

Current through Supplement No. 393, July, 2024
All pool facilities shall disinfect the pool water by
				  continuous chlorination or other means or methods of equal bactericidal
				  efficiency. A minimum free chlorine residual of one milligram per liter (mg/1)
				  or a halogen, or compounds of them, imparting an equivalent disinfecting
				  residual must be maintained in the pool facility water at all times. All
				  disinfectants utilized in a pool facility may not be detrimental to the health
				  or safety of the general public.
General Authority: NDCC 23-01-03
Law Implemented: NDCC
					 23-01-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-29 - Pool Facilities › Chapter 33-29-01 - Pool Facilities in North Dakota › Section 33-29-01-08 - Record maintenance

Current through Supplement No. 393, July, 2024
The owner or operator of a pool facility shall retain on the
				  premises or at a convenient location near the premises, the following records:
1. Microbiological analyses. Records
				of microbiological analyses must be kept for not less than three years.
2. Operation and maintenance
				records. All pool facilities shall maintain records of operation and
				maintenance to be kept for not less than three years. Daily records shall be
				kept of pH, disinfectant residual and temperature, together with other
				pertinent operational and maintenance data.
General Authority: NDCC 23-01-03
Law Implemented: NDCC
					 23-01-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-29 - Pool Facilities › Chapter 33-29-01 - Pool Facilities in North Dakota › Section 33-29-01-12 - Observance of local rules

Current through Supplement No. 393, July, 2024
In the event of any conflict between the provisions of these
				  rules and the provisions of any other ordinance, the provision imposing the
				  higher standard or more stringent requirement is controlling.
General Authority: NDCC 23-01-03
Law Implemented: NDCC
					 23-01-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-30 - Environmental Health Practitioner Licensure › Chapter 33-30-01 - Board of Environmental Health Practitioner Licensure and General Provisions › Section 33-30-01-01 - Organization of the board of environmental health practitioner licensure

Current through Supplement No. 393, July, 2024
1.
History and function.
The
				1985 legislative assembly passed legislation to license environmental health
				practitioners, codified as North Dakota Century Code chapter 43-43. This
				chapter authorized the secretary of state to carry out all functions necessary
				to licensure and to utilize the services of an advisory board as needed. The
				1987 legislative assembly transferred this licensing function from the office
				of the secretary of state to the state health officer. The 2003 legislative
				assembly provided the authority to create specialty licenses within the
				practice of environmental health. The board's responsibility is advisory only.
				All statutory power is vested with the state health officer.
2.
Board membership.
The board
				consists of five members - the state health officer or an appointed agent; the
				commissioner of the North Dakota department of agriculture or an appointed
				agent; the president of the North Dakota environmental health association or an
				appointed agent; one member from a district or a local health unit who is a
				licensed environmental health practitioner; and one consumer. The environmental
				health practitioner and consumer must be appointed by the state health officer.
3.
Officers.
The
				state health officer shall serve as chairperson. The state health officer may
				appoint an executive secretary as necessary.
4.
Inquiries.
Inquiries may be
				addressed to:
State Health Officer
State Department of Health
600 East Boulevard Avenue
Bismarck, North Dakota 58505-0200
General Authority: NDCC 43-43-04
Law Implemented: NDCC
					 43-43-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-30 - Environmental Health Practitioner Licensure › Chapter 33-30-01 - Board of Environmental Health Practitioner Licensure and General Provisions › Section 33-30-01-02 - Scope of practice

Current through Supplement No. 393, July, 2024
This article applies to persons whose duties in
				  environmental health and food safety require the application of scientific
				  knowledge to recognize, evaluate, and control food and environmental hazards to
				  preserve and improve environmental factors for the achievement of the health,
				  safety, comfort, and well-being of the consuming public. It is the intent of
				  the advisory board that these rules apply to all persons engaged in the
				  practice of environmental health and the supervisors of those persons. Exempt
				  are those supervisors employed on May 1, 2004.
General Authority: NDCC 43-43-04
Law Implemented: NDCC
					 43-43-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-30 - Environmental Health Practitioner Licensure › Chapter 33-30-01 - Board of Environmental Health Practitioner Licensure and General Provisions › Section 33-30-01-03 - Definitions

Current through Supplement No. 393, July, 2024
1. "Board eligible" means having completed an application for
				  licensure, paid the required fee, and met the necessary education requirements.
2. "Certified professional - food safety" means a person who,
				  by education and experience in food safety, is qualified, licensed, and limited
				  to inspecting retail food, food service, food production or food manufacturing
				  facilities, or conducting plan reviews for such establishments. For inspectors
				  in the State Department of Agriculture's meat and poultry inspection program,
				  certification through passage of the USDA-FSIS Food Safety Regulatory
				  Essentials course, or its' state equivalent, shall be commensurate with the
				  certified professional-food safety credential.
3. "Continuing education unit" means ten contact hours earned
				  in continuing education courses, seminars, workshops, and college courses. Ten
				  hours of contact equals one continuing education unit.
4. "Environmental health practitioner" means a person who, by
				  environmental health science education and experience, is qualified and
				  licensed to practice environmental health.
General Authority: NDCC 43-43-04
Law Implemented: NDCC
					 43-43-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-30 - Environmental Health Practitioner Licensure › Chapter 33-30-02 - Initial Licensure and Renewals › Section 33-30-02-01 - Licensure application

Current through Supplement No. 393, July, 2024
An application for a license to practice environmental
				  health must be made to the state health officer on forms provided by the
				  officer upon request. The application must contain such information as may be
				  reasonably required.
1. Each
				application for a license must be accompanied by:
a. A prescribed fee.
b. A transcript verifying completion of
				college degree.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-30 - Environmental Health Practitioner Licensure › Chapter 33-30-02 - Initial Licensure and Renewals › Section 33-30-02-02 - Licensure renewal

Current through Supplement No. 393, July, 2024
Licenses are renewable biennially on January first of each
				  biennium. They must be renewed on forms provided by the state health officer.
				  The renewal forms must be accompanied by the renewal fee and proof of meeting
				  the continuing education requirements. Any license not renewed within two years
				  of its expiration may not be renewed, and it may not be restored, reissued, or
				  reinstated. A person whose license has expired may reapply for a new license if
				  such person meets the requirements of North Dakota Century Code chapter 43-43
				  and this article.
General Authority: NDCC 43-43-04
Law Implemented: NDCC
					 43-43-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-30 - Environmental Health Practitioner Licensure › Chapter 33-30-02 - Initial Licensure and Renewals › Section 33-30-02-03 - Fees

Current through Supplement No. 393, July, 2024
The following fees must be paid in connection with
				  environmental health practitioner and certified professional - food safety
				  applications, renewals, and penalties:
1. Application fee for an environmental
				health practitioner and certified professional - food safety license - $50.00.
2. Renewal fee for an
				environmental health practitioner and certified professional - food safety
				license - $15.00.
3. Late renewal
				penalty fee per month - $2.00.
4.
				Duplicate or changed license fee - $10.00.
Licensure and renewal fees for a partial licensure period
				  must be assessed on a prorated basis.
General Authority: NDCC 43-43-04
Law Implemented: NDCC
					 43-43-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-30 - Environmental Health Practitioner Licensure › Chapter 33-30-02 - Initial Licensure and Renewals › Section 33-30-02-04 - Qualifications and requirements for licensure as an environmental health practitioner

Current through Supplement No. 393, July, 2024
1. Complete
				an application for licensure and pay the required application fee.
2. Have received a baccalaureate degree in an
				accredited environmental health curriculum or a baccalaureate in the physical,
				chemical, or biological sciences, including at least thirty semester or
				forty-five quarter credits in a physical, chemical, or biological science, or a
				degree beyond baccalaureate in environmental health or in a physical, chemical,
				or biological science.
3. Pass the
				national registered environmental health specialist/registered sanitarian
				(REHS/RS) examination administered by the national environmental health
				association or equivalent. Persons meeting the licensure requirements in
				subsections 1 and 2 who have not yet passed the environmental health REHS/RS
				examination will be considered board eligible. A person who is board eligible
				may work in the field of environmental health but such work must be under the
				direction and supervision of a licensed environmental health practitioner. A
				person who is board eligible may work under a licensed environmental health
				practitioner for no more than a total of five years after which such person may
				work in the field of environmental health only after passing the national
				REHS/RS examination. Environmental health practitioners licensed prior to
				January 1, 1993, will be exempt from the examination requirement.
General Authority: NDCC 43-43-04
Law Implemented: NDCC
					 43-43-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-30 - Environmental Health Practitioner Licensure › Chapter 33-30-02 - Initial Licensure and Renewals › Section 33-30-02-04.1 - Qualifications and requirements for licensure as a certified professional - Food safety

Current through Supplement No. 393, July, 2024
1. The candidate
				must complete an application for licensure and pay the required application
				fee.
2. The candidate must meet at
				least one of the following criteria in the "degree" or "experience" track:
a. Degree track:
(1) A baccalaureate degree in an accredited
				environmental health or food science curriculum or a baccalaureate in physical,
				chemical, or biological sciences, including at least thirty semester hours or
				forty-five quarter credits in a physical, chemical, or biological science, or a
				degree beyond baccalaureate in environmental health or in a physical, chemical,
				or biological science;
(2) A
				bachelor's degree with at least two years' experience in food protection; or
(3) A bachelor's degree and
				possession of the NEHA REHS/RS credential.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-30 - Environmental Health Practitioner Licensure › Chapter 33-30-02 - Initial Licensure and Renewals › Section 33-30-02-05 - Reciprocity

Current through Supplement No. 393, July, 2024
A person may be licensed to practice environmental health in
				  North Dakota if such person presents an application, application fee, and proof
				  of licensure in another state or county whose requirements for licensure equal
				  those of North Dakota.
General Authority: NDCC 43-43-04
Law Implemented: NDCC
					 43-43-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-30 - Environmental Health Practitioner Licensure › Chapter 33-30-02 - Initial Licensure and Renewals › Section 33-30-02-06 - Requirement for licensure

Current through Supplement No. 393, July, 2024
Any person engaged in the practice of environmental health
				  in the state shall be required to be licensed.
General Authority: NDCC 43-43-04
Law Implemented: NDCC
					 43-43-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-30 - Environmental Health Practitioner Licensure › Chapter 33-30-03 - Continuing Education › Section 33-30-03-01 - Continuing education

Current through Supplement No. 393, July, 2024
1. To renew a
				license a person must present proof of having attained at least 1.5 continuing
				education units of continuing education in the field of environmental health.
				Continuing education for licensure renewal must be completed in the biennium
				preceding the biennium for which licensure is sought. Under extraordinary
				circumstances the state health officer may consider a request for continuing
				education units obtained in the current biennium.
2. A curriculum review committee, composed of
				the advisory board members or their agent, shall meet at timely intervals to
				review applications for curriculum accreditation. Continuing education units
				must be assigned as one continuing education unit per ten hours of instruction.
				Curricula must have public health or environmental health orientation. Programs
				which already carry accreditation by a recognized educational agency or
				professional organization may be accepted by the committee. The committee, upon
				advice from the licensure board, may alter or reject accreditation assigned by
				another agency or organization if such action is necessitated by facts pointing
				to an erroneous accreditation having been assigned.
General Authority: NDCC 43-43-04
Law Implemented: NDCC
					 43-43-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-30 - Environmental Health Practitioner Licensure › Chapter 33-30-04 - Code of Ethics › Section 33-30-04-01 - Code of ethics

Current through Supplement No. 393, July, 2024
Licensees in the state of North Dakota shall subscribe to
				  the national environmental health association's code of ethics in effect as of
				  July 1, 1985. This code is incorporated in the rules by reference.
General Authority: NDCC 43-43-04
Law Implemented: NDCC
					 43-43-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-30 - Environmental Health Practitioner Licensure › Chapter 33-30-05 - Grievances and Disciplinary Proceedings › Section 33-30-05-01 - Grievance procedure

Current through Supplement No. 393, July, 2024
Grievances must be processed in accordance with North Dakota
				  Century Code chapter 28-32.
General Authority: NDCC 43-43-04
Law Implemented: NDCC
					 43-43-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-30 - Environmental Health Practitioner Licensure › Chapter 33-30-05 - Grievances and Disciplinary Proceedings › Section 33-30-05-02 - Grounds for disciplinary proceedings

Current through Supplement No. 393, July, 2024
The state health officer may refuse to issue or renew,
				  suspend, revoke, or place on probationary status any license issued under this
				  chapter or issue a written warning to a licensee upon proof at a hearing that
				  the applicant or licensed person has engaged in unprofessional conduct. A
				  person has engaged in unprofessional conduct if a person:
1. Obtained a license by means of fraud,
				misrepresentation, or concealment of material facts.
2. Violated the code of ethics referred to in
				section 33-30-04-01.
3. Has been convicted of a criminal offense,
				and the state health officer in accordance with North Dakota Century Code
				section 12.1-33-02.1, has determined that the person has not been sufficiently
				rehabilitated or that the offense has a direct bearing on the person's ability
				to serve the public in the capacity of a licensed environmental health
				practitioner.
4. Violated any
				order or rule adopted by the state health officer pertaining to the practice of
				environmental health.
5. Violated
				any provision of North Dakota Century Code chapter 43-43.
6. Is grossly negligent in the practice of
				environmental health.
7. Is
				addicted to the use of alcoholic beverages, drugs, narcotics, or stimulants to
				such an extent as to be incapacitated from the practice of environmental
				health.
General Authority: NDCC 43-43-04
Law Implemented: NDCC
					 43-43-07
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-30 - Environmental Health Practitioner Licensure › Chapter 33-30-05 - Grievances and Disciplinary Proceedings › Section 33-30-05-03 - Hearings and disciplinary proceedings - Appeals

Current through Supplement No. 393, July, 2024
1. Upon receipt of a written and signed
				complaint that alleges that a licensee practicing in this state has engaged in
				unprofessional conduct as defined under section
				33-30-05-02 and which sets forth
				information about which a reasonable person might believe that further
				inquiries should be made, the state health officer shall investigate the
				matter.
2. If the investigation
				reveals grounds to support the complaint, the advisory board shall initiate a
				disciplinary action by serving upon the licensee by certified mail a complaint
				setting forth the allegations upon which the action is based specifying the
				issues to be determined.
3. If a
				written response contesting the allegations is not received by the board within
				twenty days of service of the complaint, the allegations are deemed admitted
				and appropriate disciplinary sanctions are to be imposed.
4. If a disciplinary action has been
				initiated as provided in subsection 2, the state health officer may offer to
				meet with the licensee informally for the purpose of determining whether the
				disciplinary action, including imposition of appropriate sanctions, can be
				resolved by mutual agreement.
5.
				If an informal agreement cannot be reached, or the state health officer elects
				not to offer the licensee an opportunity for informal resolution of the matter,
				the licensee is entitled to a hearing under North Dakota Century Code chapter
				28-32. Appeal from the board's final decision may be taken in accordance with
				North Dakota Century Code section 28-32-42.
6. Employers of persons licensed under this
				article will be notified of any action taken with respect to said license.
General Authority: NDCC 43-43-04
Law Implemented: NDCC
					 43-43-07
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-30 - Environmental Health Practitioner Licensure › Chapter 33-30-06 - Information Changes › Section 33-30-06-01 - Address and home changes

Current through Supplement No. 393, July, 2024
Any licensee must report a change of address, home, or
				  educational degree to the board. Proof of any educational degree change must
				  also be submitted.
General Authority: NDCC 43-43-04
Law Implemented: NDCC
					 43-43-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-31 - Foods, Drugs, and Cosmetics › Chapter 33-31-03 - Salvaged Food › Section 33-31-03-01 - Definitions

Current through Supplement No. 393, July, 2024
In this chapter, unless the context or subject matter
				  otherwise requires:
1. "Distressed food" means any food, the label of which has
				  been lost, defaced, or obliterated; food that has been subjected to possible
				  damage due to accident, fire, flood, adverse weather, or to any other similar
				  cause; or food that is suspected of having been rendered unsafe or unsuitable
				  for food use.
2. "Labeling" means any legal or descriptive matter or design
				  appearing upon an article of food or its container, and includes circulars,
				  pamphlets, and the like, which are packed and go with the article to the
				  purchaser, and placards that may be allowed to be used to describe the food.
3. "Reconditioned or salvaged food" is reconditionable or
				  salvageable food that has been reconditioned or salvaged under supervision of
				  the department.
4. "Reconditioning" or "salvaging" is the act of cleaning,
				  culling, sorting, labeling, relabeling, or in any other way treating distressed
				  food so that it may be deemed to be reconditioned or salvaged food and
				  therefore is acceptable for sale or use as human food, animal feed, or seed as
				  provided by the department.
5. "Salvage food distributor" means a person who engages in
				  the business of selling, distributing, or otherwise trafficking at wholesale in
				  any distressed or salvaged food.
6. "Salvaged processing facility" means an establishment
				  engaged in the business of reconditioning or by any other means salvaging
				  distressed food for human consumption or use.
General Authority: NDCC 23-01-03
Law Implemented: NDCC
					 23-09-24
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-31 - Foods, Drugs, and Cosmetics › Chapter 33-31-03 - Salvaged Food › Section 33-31-03-02 - Protection of salvageable and salvaged merchandise

Current through Supplement No. 393, July, 2024
All salvageable and salvaged merchandise, while being stored
				  or reconditioned at a salvage processing facility or during transportation,
				  must be protected from contamination. All salvageable merchandise must be
				  properly sorted and segregated from nonsalvageable food to prevent further
				  contamination of the food to be reconditioned for sale or distribution.
General Authority: NDCC 23-01-03
Law Implemented: NDCC
					 23-09-24
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-31 - Foods, Drugs, and Cosmetics › Chapter 33-31-03 - Salvaged Food › Section 33-31-03-03 - Reconditioning

Current through Supplement No. 393, July, 2024
1. All metal cans of food offered for sale or
				distribution must be essentially free from rust or pitting and dents,
				especially at rim, end double seams, or side seams. Leakers, springers,
				flippers, and swells must be deemed unfit for sale or distribution. Containers,
				including metal and glass containers with press caps, screw caps, pull rings,
				or other types of openings which have been in contact with water, liquid foam,
				or other deleterious substances, as a result of firefighting efforts, flood,
				sewer backups, or similar mishaps, must be deemed unfit for sale or
				distribution.
2. All metal
				containers of food, other than those mentioned in subsection 1, whose integrity
				has not been compromised and whose integrity would not be compromised by the
				reconditioning, and which have been in contact with water, liquid foam, or
				other deleterious substance as a result of flood, sewer backup, or other
				reasons, after thorough cleaning, must be subjected to sanitizing rinse of a
				concentration of one hundred ppm available chlorine for a minimum period of one
				minute, or must be sanitized by another method approved by the department. They
				must subsequently be treated to inhibit rust formation.
General Authority: NDCC 23-01-03
Law Implemented: NDCC
					 23-09-24
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-31 - Foods, Drugs, and Cosmetics › Chapter 33-31-03 - Salvaged Food › Section 33-31-03-04 - Labeling requirements

Current through Supplement No. 393, July, 2024
1. Any
				container of food with the label of mandatory information missing which cannot
				be identified and relabeled correctly may not be sold. When original labels are
				missing or illegible, relabeling or overlabeling is required.
2. All salvaged food, except as described in
				subsection 5, must be identified to indicate that the food has been salvaged by
				clearly marking the term "salvaged food" on all invoices, bills of lading,
				shipping invoices, receipts, and inventory records.
3. A person selling salvaged food at retail,
				except as described in subsection 5, shall notify the consumer that the food is
				salvaged either by labeling each retail package or container "salvaged" or
				"reconditioned" or posting a conspicuous placard at the retail display location
				stating "salvaged food" or "reconditioned food". Placards must be readable,
				using letters of not less than one and one-half-inch [3.81-centimeter] type.
				Placards must also state, "This item has been reconditioned and has been
				determined wholesome for human consumption under applicable state requirements
				by (name of food seller)".
4. All
				salvaged food in containers must be provided with labels that comply with the
				requirements contained in North Dakota Century Code chapter 19-02. If original
				labels are removed from containers that are to be resold or redistributed, the
				replacement labels must show as the distributor the name and address of the
				salvage food processor and the date of reconditioning for sale or distribution.
5. Subsections 2 and 3 do not
				apply to food products damaged in normal course of handling and transportation,
				where food is intact in its original container and has not been subject to
				fire, chemical spills, temperature abuse in perishable food products, in
				contact with water, or other similar risk of contamination.
General Authority: NDCC 23-01-03
Law Implemented: NDCC
					 23-09-24
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-31 - Foods, Drugs, and Cosmetics › Chapter 33-31-03 - Salvaged Food › Section 33-31-03-05 - Recordkeeping requirements

Current through Supplement No. 393, July, 2024
A written record or receipt of distressed, salvageable, and
				  salvaged food must be kept by the salvage food processor and distributor for
				  inspection by the department during business hours. The records must include
				  the name of the product, the source of the distressed food, the date received,
				  the type of damage, the salvage process conducted, and the purchaser of the
				  salvaged food. These records must be kept on the premises of the salvage food
				  processor and distributor for a period of one year following the completion of
				  transactions involving the food.
General Authority: NDCC 23-01-03
Law Implemented: NDCC
					 23-09-24