{"id":"DUT-ND-009","kind":"duty","level":"state","jurisdiction":"North Dakota","state":"ND","metro":"","industry":"","agency":"","eco":"","issuer":"Legislative Assembly of North Dakota (codified statute administered by the State Department of Health, Division of Food and Lodging)","authority":"N.D.C.C. title 23, ch. 23-09 (Food Establishments; Hotels, Motels, Lodging and Assisted Living Facilities)","instrument":"N.D.C.C. 23-09-02, 23-09-09, 23-09-18, 23-09-19, 23-09-21, 23-09-22","title":"Department to enforce provisions of chapter; sanitation and safety; failure to comply with chapter - notice; state\u0027s attorney to prosecute violation; penalty - general; license canceled","dateIssued":"2026-09-29","effective":"standing","end":"standing","startDate":"2026-09-29","endDate":"","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","COND","CLOSE"],"addressees":["specified businesses: food establishments, lodging establishments and assisted living facilities, and any person \u0027letting a building used for such business\u0027"],"clause":"Every food establishment, lodging establishment, and assisted living facility must be operated with strict regard for the health, safety, and comfort of its patrons. The following sanitary and safety regulations must be followed... Any person operating a food establishment... without first having complied with this chapter, is guilty of a class B misdemeanor.","enforcement":"Class B misdemeanor (23-09-21); license denial or disciplinary action (23-09-18); license cancellation (23-09-22)","functions":[],"notes":"Every licensed restaurant, bar serving food, food truck, hotel, motel and lodging house operated under a standing statutory duty of \u0027strict regard for the health, safety, and comfort of its patrons\u0027 and under sanitary regulations that \u0027must be followed\u0027 (23-09-09); the Department \u0027shall enforce\u0027 the chapter (23-09-02), \u0027may deny an application or take disciplinary action against the license\u0027 of a licensee who fails \u0027to comply with this chapter or with any of the rules adopted by the department\u0027 (23-09-18), the state\u0027s attorney \u0027shall prosecute\u0027 violations on an inspector\u0027s complaint (23-09-19), and a license may be cancelled ten days after conviction (23-09-22).","sourceUrl":"https://ndlegis.gov/cencode/t23c09.pdf","snapshot":"","fileExists":true,"fileBytes":96290,"grade":"primary","character":"sanitary_code_duty","description":"","collection":"DUT-ND","url":"/library/DUT-ND-009","exhibitUrl":"/exhibit/DUT-ND-009","citation":"Legislative Assembly of North Dakota (codified statute administered by the State Department of Health, Division of Food and Lodging), N.D.C.C. 23-09-02, 23-09-09, 23-09-18, 23-09-19, 23-09-21, 23-09-22 (standing) (Ex. DUT-ND-009)","stateName":"North Dakota","related":["ND-005","ND-013","ND-017","ND-028","ND-035","ND-038","ND-062","ND-074","ND-021","DUT-ND-012"]}