North Dakota Administrative Code

Repealed effective April 1, 1993.

Repealed effective April 1, 1993

Repealed effective April 1, 1993.

In the event of any conflict between the provisions of these rules and the provisions of any other ordinance, the provision imposing the higher standard or more stringent requirement is controlling. History: Effective January 1, 1985; amended effective April 1, 1993. General Auth…

Repealed effective April 1, 1993.

Repealed effective April 1, 1993. 3

Repealed effective April 1, 1993. 4

1. History and function. The 1985 legislative assembly passed legislation to license environmental health practitioners, codified as North Dakota Century Code chapter 43-43. This chapter authorized the secretary of state to carry out all functions necessary to licensure and to ut…

This article applies to persons whose duties in environmental health and food safety require the application of scientific knowledge to recognize, evaluate, and control food and environmental hazards 1 to preserve and improve environmental factors for the achievement of the healt…

1. "Board eligible" means having completed an application for licensure, paid the required fee, and met the necessary education requirements. 2. "Certified professional - food safety" means a person who, by education and experience in food safety, is qualified, licensed, and limi…

An application for a license to practice environmental health must be made to the department on forms provided by the department upon request. The application must contain reasonably required information. 1. Each application for a license must be accompanied by: a. A prescribed f…

A license is renewable biennially on January first of each biennium. A license must be renewed on forms provided by the department. The renewal forms must be accompanied by the renewal fee and proof of meeting the continuing education requirements. A license not renewed within tw…

1. An applicant shall pay the following fees in connection with environmental health practitioner and certified professional - food safety applications, renewals, and penalties: 1 a. Application fee for an environmental health practitioner and certified professional - food safety…

practitioner. 1. An applicant shall complete an application for licensure and pay the required application fee. 2. An applicant shall have received a baccalaureate degree that includes at least thirty semester or forty-five quarter credits in a physical, chemical, or biological s…

Food safety. 1. The applicant shall complete an application for licensure and pay the required application fee. 2. The applicant shall meet at least one of the following criteria in the "degree" or "experience" track: a. Degree track: (1) A baccalaureate degree in an accredited e…

An individual may be licensed to practice environmental health in North Dakota if the individual presents an application, application fee, and proof of licensure in another state or county whose requirements for licensure equal those of North Dakota. History: Effective February 1…

An individual engaged in the practice of environmental health in the state is required to be licensed. History: Effective February 1, 1988; amended effective January 1, 2026. General Authority: NDCC 43-43-04 Law Implemented: NDCC 43-43-04 3…

1. To renew a license a person must present proof of having attained at least 1.5 continuing education units of continuing education in the field of environmental health. Continuing education for licensure renewal must be completed in the biennium preceding the biennium for which…

Licensees in the state of North Dakota shall subscribe to the national environmental health association's code of ethics in effect as of July 1, 1985. This code is incorporated in the rules by reference. History: Effective February 1, 1988. General Authority: NDCC 43-43-04 Law Im…

Grievances must be processed in accordance with North Dakota Century Code chapter 28-32. History: Effective February 1, 1988. General Authority: NDCC 43-43-04 Law Implemented: NDCC 43-43-04

The state health officer may refuse to issue or renew, suspend, revoke, or place on probationary status any license issued under this chapter or issue a written warning to a licensee upon proof at a hearing that the applicant or licensed person has engaged in unprofessional condu…

1. Upon receipt of a written and signed complaint that alleges that a licensee practicing in this state has engaged in unprofessional conduct as defined under section 33-30-05-02 and which sets forth information about which a reasonable person might believe that further inquiries…

Any licensee must report a change of address, home, or educational degree to the board. Proof of any educational degree change must also be submitted. History: Effective February 1, 1988. General Authority: NDCC 43-43-04 Law Implemented: NDCC 43-43-04 1…

In this chapter, unless the context or subject matter otherwise requires: 1. "Distressed food" means any food, the label of which has been lost, defaced, or obliterated; food that has been subjected to possible damage due to accident, fire, flood, adverse weather, or to any other…

All salvageable and salvaged merchandise, while being stored or reconditioned at a salvage processing facility or during transportation, must be protected from contamination. All salvageable merchandise must be properly sorted and segregated from nonsalvageable food to prevent fu…

1. All metal cans of food offered for sale or distribution must be essentially free from rust or pitting and dents, especially at rim, end double seams, or side seams. Leakers, springers, flippers, and swells must be deemed unfit for sale or distribution. Containers, including me…

1. A container of food with the label of mandatory information missing which cannot be identified and relabeled correctly may not be sold. If original labels are missing or illegible, relabeling or overlabeling is required. 2. All salvaged food, except as described in subsection …

A written record or receipt of distressed, salvageable, and salvaged food must be kept by the salvage food processor and distributor for inspection by the department during business hours. The records must include the name of the product, the source of the distressed food, the da…

department. Salvaged merchandise from salvage processing facilities and distributors outside the jurisdiction of the department may be sold or distributed with the state if such facilities and distributors conform to the provisions of this code or substantially equivalent provisi…

Before a salvaged food operator engages in the distribution or selling of distressed or salvaged food, the operator must be licensed by the department. Licenses expire on December thirty-first following the date of issuance. The annual license fee for a salvaged food distributor …

Additional plant nutrients, besides nitrogen, phosphorus, and potassium, when mentioned or claimed on the label or container shall be registered and shall be guaranteed. Guarantees shall be made on the elemental basis. Sources of the elements guaranteed shall be shown on the appl…

1. The names and definitions for commercial feeds shall be the official definition of feed ingredients adopted by the association of American feed control officials, except as the department designates otherwise in specific cases. 2. The terms used in reference to commercial feed…

1. Commercial feed, other than customer-formula feed, shall be labeled with the information prescribed in this regulation on the principal display panel of the product and in the following general format: a. Net weight may be stated in metric units in addition to the required avo…

1. The brand or product name must be appropriate for the intended use of the feed and must not be misleading. If the name indicates the feed is made for a specific use, the character of the feed must conform therewith. A mixture labeled "Dairy Feed", for example, must be suitable…

1. The guarantees for crude protein, equivalent protein from nonprotein nitrogen, crude fat, crude fiber, and mineral guarantees (when required) will be in terms of percentage. 2. Commercial feeds containing six and one-half percent or more calcium, phosphorus, sodium, and chlori…

1. The name of each ingredient or collective term for the grouping of ingredients, when required to be listed, shall be the name as defined in the official definitions of feed ingredients as published in the official publication of American feed control officials, the common or u…

1. Directions of use and precautionary statements on the labeling of all commercial feeds and customer-formula feeds containing additives (including drugs, special purpose additives, or nonnutritive additives) must: a. Be adequate to enable safe and effective use for the intended…

1. Urea and other nonprotein products defined in the official publication of the association of American feed control officials are acceptable ingredients only in commercial feeds for ruminant animals as a source of equivalent crude protein. If the commercial feed contains more t…

1. Prior to approval of a registration application or approval of a label, or both, for commercial feed which contain additives (including drugs, other special purpose additives, or nonnutritive additives) the distributor may be required to submit evidence to prove the safety and…

For the purpose of subsection 1 of North Dakota Century Code section 19-13.1-07, the terms "poisonous or deleterious substances" include, but are not limited to, the following: 1. Fluorine and any mineral or mineral mixture which is to be used directly for the feeding of domestic…

The department adopts the following as current good manufacturing practices: 1. The regulations prescribing good manufacturing practices for type B and type C medicated feeds as published in title 21, Code of Federal Regulations, part 225, sections 225.1-225.115. 2. The regulatio…

For the purpose of enforcing North Dakota Century Code section 19-13.1-07, a feed must be considered adulterated if analysis indicates the feed does not meet the tolerances shown in the table attached to this chapter as an appendix. History: Effective August 1, 1988. General Auth…

As used in this chapter: 1. "Accessory building or structure" means a building or structure that is an addition to a mobile home or that supplements the facilities provided in a mobile home. It is not a self-contained, separate, habitable building or structure. 2. "Department" me…

A complete scaled plan and list of specifications for new construction or for altering or enlarging of an existing mobile home park must be submitted to the department for approval. Mobile home parks which are enlarged shall meet all rules and regulations in effect at the time of…

1. No portion of a mobile home, excluding the tongue, shall be located closer than ten feet [3 meters] side to side, eight feet [2.4 meters] end to side, or six feet [1.8 meters] end to end horizontally from any other mobile home, accessory building, or structure unless the expos…

1. Conversion of a mobile home park, recreational vehicle park, or campground from one type to another must be approved by the department. 2. Streets and walkways must be lighted to provide a minimum average maintained illumination of four-tenths foot-candles [4.31 lux], with a u…

1. The grounds, buildings, and structures of a mobile home park must be maintained free of harborage for insects, rodents, and other vermin. Extermination methods and other measures to control insects and rodents must conform with the requirements of the department. 2. All areas …