N.D. Admin. Code 33-33-03-01
The following definitions shall apply in the interpretation and the enforcement of this chapter.
1. "Adulterated" means the condition of a food (a) if it bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health; (b) if it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by rule, or in excess of such tolerance if one has been established; (c) if it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for human consumption; (d) if it has been processed, prepared, packed, or held under unsanitary conditions, whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health; or (e) if its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.
2. "Approved" means acceptable to the state department of health based on a determination as to conformance with appropriate standards and good public health practice.
3. "Closed" means fitted together snugly leaving no openings large enough to permit the entrance of vermin.
4. "Commissary" means catering establishment, restaurant, or any other place in which food, containers, or supplies are kept, handled, prepared, packaged, or stored, and directly from which vending machines are serviced.
5. "Corrosion-resistant material" means a material which maintains its original surface characteristics under prolonged influence of the food, cleaning compounds, and sanitizing solutions which may contact it.
6. "Department" means the state department of health.
7. "Easily cleanable" means readily accessible and of such material and finish, and so fabricated that residue may be completely removed by normal cleaning methods.
8. "Employee" means any operator or any person employed by the operator who handles any food to be dispensed through vending machines, or who comes into contact with food-contact surfaces of containers, equipment, utensils, or packaging materials, used in connection with vending machine operations, or who otherwise services or maintains one or more such machines.
9. "Food" means any raw, cooked, processed edible substance, or combination of substances, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption.
10. "Food-contact surfaces" means those surfaces of equipment and utensils with which food normally comes in direct contact, and those surfaces with which food may come in contact and drain back onto surfaces normally in contact with food.
11. "Machine location" means the room, enclosure, space, or area where one or more vending machines are installed and operated.
12. "Misbranded" means the presence of any written, printed, or graphic matter, upon or accompanying food or containers of food, including signs or placards displayed in relation to such products, which is false or misleading, or which violates any applicable state or local labeling requirements.
13. "Operator" means any person who by contract, agreement, or ownership takes responsibility for furnishing, installing, servicing, operating, or maintaining one or more vending machines, or provides space for vending machines.
14. "Perishable food" means any food of such type or in such condition as may spoil.
15. "Person" means an individual, or a firm, partnership, company, corporation, trustee, association, or any public or private entity.
16. "Potentially hazardous food" means any perishable food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, or other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic micro-organisms.
17. "Safe temperature" as applied to potentially hazardous food, means temperatures of forty-five degrees Fahrenheit [7.22 degrees Celsius] or below, or one hundred forty degrees Fahrenheit [60 degrees Celsius] or above.
18. "Sanitize" means effective bactericidal treatment of clean surfaces of equipment and utensils by a process which has been approved by the department as being effective in destroying micro-organisms, including pathogens.
19. "Single-service articles" means cups, containers, lids or closures, plates, knives, forks, spoons, stirrers, paddles; straws, place mats, napkins, doilies, wrapping materials; and all similar articles which are constructed wholly or in part from paper, paperboard, molded pulp, foil, wood, plastic synthetic, or readily destructible materials, and which are intended for one usage only, then to be discarded.
20. "Vending machine" means any self-service device which upon insertion of a coin, coins, or tokens dispenses food without the necessity of replenishing the device between each vending operation. The term also includes all freezers, refrigerators, and ovens used to store or prepare prepackaged, preserved foods regardless of the manner in which the food is taken from the freezer, refrigerator, or oven. Excluded from the definition of food vending machines shall be bottled or canned soft drink dispensers; prepackaged ice dispensers and freezers; prepackaged candy, cookie, cracker, or similar nonpotentially hazardous food dispensers; and gumball, nut, and panned candy dispensers.
N.D. Admin Code 33-33-03-01
General Authority: NDCC 19-02.1-24, 23-01-03(3)
Law Implemented: NDCC 19-02.1-24