{"id":"DUT-ND-012","kind":"duty","level":"state","jurisdiction":"North Dakota","state":"ND","metro":"","industry":"","agency":"","eco":"","issuer":"State Department of Health (rule adopted under N.D.C.C. ch. 23-09; administered by the Division of Food and Lodging and the local public health units)","authority":"N.D. Admin. Code art. 33-33 (Food and Lodging), ch. 33-33-04.1 (Food Code); general authority and law implemented N.D.C.C. ch. 23-09","instrument":"N.D. Admin. Code 33-33-04.1-01","title":"Adoption of the United States Food and Drug Administration 2017 Model Food Code by reference (with modifications)","dateIssued":"2018-01-01","effective":"2018-01-01","end":"standing","startDate":"2018-01-01","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","COND"],"addressees":["specified businesses: food establishments licensed under N.D.C.C. ch. 23-09 (restaurants, bars serving food, food trucks, institutional and retail food service)"],"clause":"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... a permitholder at the time of inspection shall correct a violation of a priority item or priority foundation item of this code","enforcement":"Through N.D.C.C. 23-09-18 (license discipline), 23-09-21 (class B misdemeanor) and 23-09-22 (license cancellation) (Ex. DUT-ND-009)","functions":[],"notes":"Makes the 2017 FDA Model Food Code the binding sanitary code of every North Dakota food establishment, including its employee-health provisions (Food Code 2-201.11 to 2-201.13: reporting, exclusion and restriction of food employees with symptoms or diagnoses of transmissible illness), the person-in-charge duties (2-103.11) and the imminent-health-hazard provisions (8-404.11), with priority-item violations to be corrected \u0027at the time of inspection\u0027 (33-33-04.1-01(5)); the incorporated Food Code text is not in the exhibit and its section numbers are given from the 2017 Model Food Code as published by FDA.","sourceUrl":"https://ndlegis.gov/information/acdata/pdf/33-33-04.1.pdf","snapshot":"","fileExists":true,"fileBytes":60578,"grade":"primary","character":"sanitary_code_duty","description":"","collection":"DUT-ND","url":"/library/DUT-ND-012","exhibitUrl":"/exhibit/DUT-ND-012","citation":"State Department of Health (rule adopted under N.D.C.C. ch. 23-09; administered by the Division of Food and Lodging and the local public health units), N.D. Admin. Code 33-33-04.1-01 (standing) (Ex. DUT-ND-012)","stateName":"North Dakota","related":["ND-035","DUT-ND-009"]}