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Ex. DUT-ND-009 Standing duty Primary source read

N.D.C.C. 23-09-02, 23-09-09, 23-09-18, 23-09-19, 23-09-21, 23-09-22

Department to enforce provisions of chapter; sanitation and safety; failure to comply with chapter - notice; state's attorney to prosecute violation; penalty - general; license canceled

Legislative Assembly of North Dakota (codified statute administered by the State Department of Health, Division of Food and Lodging) · North Dakota (State)

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The record

Jurisdiction
North Dakota
Level
State
Authority
N.D.C.C. title 23, ch. 23-09 (Food Establishments; Hotels, Motels, Lodging and Assisted Living Facilities)
Issued
2026-09-29 Sept. 29, 2026
Effective
standing (read as 2026-09-29)
End
standing
In force
Standing since Sept. 29, 2026 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureStanding dutyOperating condition
Addressees
  • specified businesses: food establishments, lodging establishments and assisted living facilities, and any person 'letting a building used for such business'
Character
sanitary code duty
Collection
Standing duties: North Dakota DUT-ND

Operative words

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.

Penalty

Class B misdemeanor (23-09-21); license denial or disciplinary action (23-09-18); license cancellation (23-09-22)

What it required

Every licensed restaurant, bar serving food, food truck, hotel, motel and lodging house operated under a standing statutory duty of 'strict regard for the health, safety, and comfort of its patrons' and under sanitary regulations that 'must be followed' (23-09-09); the Department 'shall enforce' the chapter (23-09-02), 'may deny an application or take disciplinary action against the license' of a licensee who fails 'to comply with this chapter or with any of the rules adopted by the department' (23-09-18), the state's attorney 'shall prosecute' violations on an inspector's complaint (23-09-19), and a license may be cancelled ten days after conviction (23-09-22).

Retrieval note

The restaurants, bars and food trucks closed to on-site patrons Mar. 20 to Apr. 30, 2020 (Ex. ND-005, ND-013, ND-017, ND-028), reopened on conditions May 1 (Ex. ND-035, ND-038) and capped at 50 percent and 150 patrons with seated service Nov. 16, 2020 to Jan. 18, 2021 (Ex. ND-062, ND-074), and the hotels named as places of confinement (Ex. ND-021), held Department of Health licenses under this chapter. The Food Code adopted under this chapter is Ex. DUT-ND-012.