Title 36, Public Health and Safety

A. Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity or any color additive shall be deemed unsafe for the purpose of paragraphs 2, 3 and 13 of section 36-904, unless there is in effect a regulation pursua…

A food is misbranded if one or more of the following conditions exists: 1. Its labeling is false or misleading. 2. It is offered for sale under the name of another food with or without other descriptive words, or under any name which is likely to be misleading. 3. Its container i…

When a food is alleged to be misbranded because the labeling is misleading, or when an advertisement of a food is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading, there shall be considered, among other things a…

A. The director and his designees having powers and duties under this article or the rules and regulations adopted pursuant to this article involving inspection of real or personal property, including any factory, warehouse, vehicle or establishment in which foods are manufacture…

The director may obtain such samples or specimens as he requires for the purpose of pure food control. The chief of the state laboratory shall make or cause to be made examinations of samples secured to determine whether any provision of this article is being violated.

A. When the director finds or has probable cause to believe that any food is adulterated or misbranded within the meaning of this article as to be dangerous or fraudulent, he shall affix to such food or its container a tag or other appropriate marking, giving notice that such foo…

A. The director may make regulations to enforce the provisions of this article which shall conform insofar as practicable with those promulgated under the federal act. The director may adopt a manual of procedures governing his operation. B. All decisions rendered by the director…

The attorney general or the county attorney of the county in which the violation occurs to whom the director reports any violation of this article shall cause appropriate proceedings to be instituted in the proper court. Before any violation of this article is reported to any suc…

In addition to the remedies provided in this article, the director, with the assistance of the attorney general or of the county attorney of the county in which the violation occurs, may apply to the superior court for injunctive relief.

A. Any person who violates any of the provisions of section 36-902 is guilty of a class 2 misdemeanor. In the instance of a continuing violation, each day constitutes a separate offense. B. No person shall be subject to the penalties of subsection A of this section for having vio…

A. The director shall adopt enrichment standards governing the identity and quantity of vitamins and minerals to be added to flour produced from small grain, corn and soybeans, and for any food products containing twenty five per cent or more of flour produced from small grain, c…

A. A person who makes a good faith donation of an apparently wholesome food item or an apparently fit nonfood grocery product to a charitable or nonprofit organization or to any other person is not liable for damages in any civil action for any injury or death due to the conditio…

In this article, unless the context otherwise requires: 1. "Cottage food product": (a) Means a food that is prepared in a home kitchen by or under the direct supervision of an individual who is registered with the department and that either, as defined by the department in rule: …

A. Cottage food products must be packaged at home with an attached label in a clear and legible printed or handwritten font that does all of the following: 1. Clearly states the name and registration number of the food preparer. 2. Lists all the ingredients in the cottage food pr…

A. This article: 1. Is not more restrictive than the applicable federal laws. 2. Does not impede the department from investigating any reported foodborne illness. 3. Does not change the requirements for brand inspections, animal health inspections or any food inspections required…

In this article, unless the context otherwise requires: 1. "Kosher" means sanctioned by and prepared under the traditional Hebrew rules and requirements or dietary laws. The word "kosher" as used in this article shall not be construed to include the words "kosher style." 2. "Plac…

A. It is unlawful, with intent to defraud: 1. To sell, offer or expose for sale, by any method or in any form, any meat or meat product, food or food product, whether raw or prepared for human consumption, which in any manner or by any device is falsely represented or held out to…

A person violating a provision of this article is guilty of a class 1 misdemeanor.

In this article, unless the context otherwise requires: 1. "Bulk food" means unpackaged and unwrapped food in aggregate containers from which quantities are withdrawn by the consumer, excluding fresh fruits, fresh vegetables, nuts in the shell, rice, beans, food in salad bars and…

This article applies to any person who displays, sells or offers for sale at retail any bulk food.

A. Bulk food product modules shall be conspicuously labeled with the common name of the product, a list of ingredients in order of predominance and a declaration of artificial color or flavor and any chemical preservatives contained in the product. B. This section does not apply …

A. Bulk food and product modules shall be protected from contamination during display, customer self-service, refilling and storage. B. Each product module shall have a tight fitting lid that is kept in a closed position at all times except during stocking and customer service. C…

A. Bulk food may be dispensed by either: 1. Mechanical dispensing devices including gravity dispensers, pumps, extruders and augers. 2. Manual dispensing from lidded product modules using utensils including tongs, scoops, ladles and spatulas. B. A manual dispensing utensil shall …

A. Product modules and utensils shall be constructed of safe materials and shall be corrosion resistant, nonabsorbent, smooth, easily cleanable and durable under conditions of normal use. Product modules and utensils shall not impart odors, color, taste or contamination to the fo…

A. Manual dispensing utensils shall be cleaned and sanitized at least daily, or at more frequent intervals based on the type of food and the amount of food particle accumulation or soiling. B. Product modules, lids and other equipment shall be cleaned before restocking, if soiled…

A sign at least ten inches by fourteen inches shall be conspicuously posted within the immediate display area directing customers for health reasons to use the utensils provided when serving themselves, not to handle the food directly and not to consume food on the premises.

If the director of the department of health services finds that a disease or foreign matter is actually transmitted by a method of dispensing bulk foods that is permitted under section 36-975, the director may adopt rules which prohibit the dispensing of bulk foods in a manner au…

Local governments shall not adopt standards governing persons, facilities or activities covered by this article which conflict with this article.