1. A lodging establishment shall allow on the premises poisonous or toxic materials if they are used in the operation and maintenance of the lodging establishment, including: a. Detergents, sanitizers, cleaning or drying agents, caustics, acids, polishes, and similar chemicals; b. Insecticides and rodenticides; c. Building maintenance materials, including paint, varnish, stain, glue, and caulking; and d. Landscaping materials, including herbicides, lubricants, and fuel for equipment.

2. A lodging establishment shall meet the following requirements for the storage of poisonous or toxic materials: a. Poisonous or toxic materials must be stored on separate shelves or in separate cabinets inaccessible to guests except for provided detergents and sanitizers for guest use, and these shelves and cabinets may be used for no other purpose; and b. Poisonous or toxic materials may not be stored above food, ice or ice-making equipment, linens, towels, utensils, single-service articles, furnishings, or guest toiletry items.

3. A lodging establishment shall ensure the use of poisonous or toxic materials meets the following requirements: a. Each bulk or original container of a poisonous or toxic material must bear a legible manufacturer's label and must be readily available for reference or inspection; b. All poisonous or toxic materials taken from a bulk or original container and put into another container must be clearly identified with the common name of the material and the original manufacturer's label must be maintained onsite until that product has been discarded or completely used; and c. Each poisonous or toxic material must be used according to the manufacturer's directions and additional safety requirements regarding the safe use of poisonous or

toxic materials may be established by the applicable regulatory authority upon later discovery of the unsafe use of these materials.

History: Effective April 1, 2026.

General Authority: NDCC 23-09-02

Law Implemented: NDCC 23-09-09