For purposes of this chapter:

1. "Approved" means acceptable to the department based on compliance with applicable standards and public health practices.

2. "Clean" means free of visible stains, foreign material, organic material, soil, dirt, dust, sludge, grease, rubbish, garbage, slime, algae, fungi, mold, rust, mineral deposits, food debris, and other offensive, unsightly, or extraneous matter.

3. "Cleaning" means the removal of visible stains, foreign material, organic material, soil, dirt, dust, sludge, grease, rubbish, garbage, slime, algae, fungi, mold, rust, mineral deposits, food debris, and other offensive, unsightly, or extraneous matter from objects and is normally accomplished using water with detergents or enzymatic products and is required before sanitization or disinfection.

4. "Department" means the department of health and human services.

5. "Equipment" means an article that is used in the operation of a food establishment such as a freezer, microwave, hood, ice maker, mixer, oven, reach-in refrigerator, sink, slicer, stove, table, temperature measuring device for ambient air, coffee machine, or warewashing machine.

6. "Extensively remodeled" means significant physical changes to all or part of an establishment, including upgrades or replacement of major systems, such as the electrical, plumbing,

heating, or ventilation systems, demolition of interior or exterior areas, or installation or removal of walls. Extensively remodeled does not include routine replacements of equipment, furnishings, or fixtures that do not require new plumbing or electrical work.

1. 7. 'Food' means a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum.

2. 8. 'Furnishings' means all articles or objects used in the establishment such as draperies, beds, mattresses, appliances, furniture, lamps, floor coverings, and decorative items.

3. 9. 'Good repair' means free of corrosion, breaks, leaks, cracks, chips, pitting, excessive wear and tear, obstructions, and similar defects to constitute a good and sound condition which is fully operational for the purpose intended.

4. 10. 'Guest' means a transient guest occupant of a guest room in a lodging establishment.

5. 11. 'Guest room' means any room used or intended to be used by a transient guest for sleeping accommodations.

6. 12. 'Imminent health hazard' means a fire, significant flooding, sewage backup, infestation, misuse of poisonous or toxic materials, evidence of water systems or recreational water facilities contaminated with legionella bacteria, gross unsanitary occurrence or condition, or any other condition that could endanger the health and safety of guests, employees, or the general public.

7. 13. 'Infestation' means the presence of pests, including bed bugs, cockroaches, or rodents, which is indicated by observation of living or dead pests or pest carapace, eggs or egg casings, or the typical brownish or blood-colored spotting on linens, mattresses, or furniture, or the presence of pest droppings.

8. 14. 'Linen' means a cloth item used in the lodging establishment, such as a sheet, bedspread, blanket, quilt, pillowcase, mattress pad, towel, and washcloth.

9. 15. 'Lodging establishment' means any hotel, motel, resort, building, or structure that is kept, used, maintained, or held out to the public as a place where sleeping accommodations are furnished to transient guests for charge. The term does not include:

1. a. Single structures with five or fewer guest rooms and ten or fewer total occupants;

2. b. A series or group of buildings or structures containing five or fewer guest rooms and ten or fewer total occupants operated as one entity under a single ownership on the same property or physical location;

3. c. A facility providing personal care services directly through contract services as defined in North Dakota Century Code section 23-09.3-01 or 50-32-01; or

4. d. Primitive lodging cabins, lodges, or ranches.

10. 16. 'Pest' means any unwanted animal, including a rodent and insect, which is a potential vector for human disease or presents a risk to public health.

11. 17. 'Plumbing fixture' means a receptacle, device, or appliance such as a toilet, sink, shower, and faucet, which is supplied with water or receives liquid or liquid-borne wastes and discharges such wastes into the drainage system to which it may be directly or indirectly connected.

18. "Primitive lodging cabins, lodges, or ranches" means a cabin, lodge, or ranch that does not have indoor plumbing and may consist of a permanent structure such as a hut or cabin with walls and a floor or a moveable structure with fabric coverings such as a dome or a yurt.

19. "Sanitizing solution" means a pesticide used to kill bacteria and other microorganisms that may be present on surfaces used to prepare, serve, transport, and store food.

20. "Single-service articles" means tableware, carry-out utensils, and other items such as bags, containers, placemats, stirrers, straws, toothpicks, and wrappers that are designed and constructed for one-time, one-individual use after which they are intended for disposal.

21. "Single-use articles" means utensils and bulk food containers designed and constructed to be used once and discarded, such as wax paper, butcher paper, plastic wrap, aluminum containers, jars, plastic tubs, ketchup bottles, and number ten cans, which do not meet the standards under chapter 33-33-04.1.

22. "Time and temperature control for safety food" means a food that requires time and temperature control for safety to limit pathogenic microorganism growth or toxin formation.

23. "Utensil" means a food-contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of food, such as kitchenware, tableware, and ice buckets, which are multiuse, single-service, or single-use; gloves used in contact with food; and temperature-sensing probes of food temperature measuring devices.

24. "Warewashing" means the cleaning and sanitizing of utensils and food-contact surfaces of equipment.

History: Effective October 1, 1998; amended effective April 1, 2026.

General Authority: NDCC 23-09-02

Law Implemented: NDCC 23-09-02