N.D. Admin. Code 7-13-01-04
The terms used throughout this article have the same meaning as in title 9, Code of Federal Regulations, parts 301 and 381, unless already defined in North Dakota Century Code section 36-24-01, in which case the North Dakota Century Code definitions shall govern. In addition, as used in this chapter or in applying title 9, Code of Federal Regulations, parts 301 and 381:
1. "Administrator" as the term is used in title 9, Code of Federal Regulations, means the North Dakota agriculture commissioner unless made inappropriate by context.
2. "Commissioner" means the North Dakota agriculture commissioner or the agriculture commissioner's authorized representative.
3. "Department" means the North Dakota department of agriculture.
4. "Federal Act" means the Federal Meat Inspection Act, as amended [ Pub. L. 90-201; 21 U.S.C. 601 et seq.] and the Poultry Products Inspection Act, as amended [ Pub. L. 106-170; 21 U.S.C. 451 et seq.].
5. "Food safety inspection service" or "FSIS" as used in title 9, Code of Federal Regulations, means the North Dakota agriculture commissioner unless made inappropriate by context.
6. "Official establishment" means a plant, facility, operation, or premises where animals are slaughtered for human consumption, or a plant or premises where meat or meat food products are processed, but does not include:
a. Establishments subject to federal inspection.
b. Premises of a person who is the owner of the animals to be slaughtered or of carcasses to be processed, and the resulting product is for exclusive use by that person, members of that person's household, or that person's nonpaying guests and employees.
7. "Overtime" means any time when meat inspection personnel are requested to work in an establishment, as follows:
a. Saturday or Sunday.
b. New Year's Day, Martin Luther King Day, Presidents' Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, and Christmas Day. If any such holiday falls on Saturday or Sunday, the preceding Friday or succeeding Monday, respectively, shall be a holiday.
c. The day before Christmas Day and the day before New Year's Day.
d. Before 6 a.m. or after 6 p.m.
e. In excess of forty hours of "straight time" in any calendar week.
f. At any time other than a regularly scheduled slaughter period.
g. When an owner of an animal requests slaughter inspection from an official establishment at a nonregularly scheduled time.
"Overtime" does not include time spent traveling to or from an establishment.
8. "Secretary" or "secretary of agriculture" as used in title 9, Code of Federal Regulations, means the North Dakota agriculture commissioner unless made inappropriate by context.
N.D. Admin Code 7-13-01-04
General Authority: NDCC 36-24-24
Law Implemented: NDCC 36-24-24