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Ex. DUT-ND-012 Standing duty Primary source read

N.D. Admin. Code 33-33-04.1-01

Adoption of the United States Food and Drug Administration 2017 Model Food Code by reference (with modifications)

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) · North Dakota (State)

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The record

Jurisdiction
North Dakota
Level
State
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
Issued
2018-01-01 Jan. 1, 2018
Effective
2018-01-01
End
standing (read as 2021-09-30)
In force
Standing since Jan. 1, 2018 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Standing dutyOperating condition
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)
Character
sanitary code duty
Collection
Standing duties: North Dakota DUT-ND

Operative words

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

Penalty

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)

What it required

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 'at the time of inspection' (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.

Retrieval note

The ND Smart Restart restaurant standards of Apr. 28 and May 1, 2020 (Ex. ND-035) wrote the pandemic protocols in the Food Code's vocabulary ('washed, rinsed and sanitized every 4 hours'; 'sanitized after each use'; 'pre-portioned servings... prepared by staff'), which the licensed operator was already bound to observe as sanitary rules under this chapter.