1. A lodging establishment shall meet the following requirements: a. All utensil and equipment warewashing must be in compliance with chapter 33-33-04.1, except as provided under subsection 2; b. Sanitizing solutions must comply with chapter 33-33-04.1; c. After warewashing, all utensils and equipment must be permitted to drain and air dry and must be handled in a manner that prevents contamination;

d. After drying and until use, all contact surfaces of equipment and utensils must be wrapped, sealed, or stored in a manner that protects them from contamination; and

e. All utensils and equipment intended for repeat use must be made of safe, durable, and nonabsorbent material and must be kept in good repair, and no cracked or chipped utensils or equipment may not be provided for use by guests or employees.

2. A lodging establishment may provide utensils and equipment in a guest room if the following notice conspicuously is posted within the guest room:

"Notice to Guests: Utensils and equipment have been provided in this room for guest convenience. These items have been cleaned within this room using ordinary household dishwashing facilities and agents. They have not been sanitized according to federal and state standards for public food service establishments."

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

General Authority: NDCC 23-09-02

Law Implemented: NDCC 23-09-09