# Title 33 — State Department of Health

## Article 33-33 — Rules Initiated by the Inspection Division

## Chapter 33-33-03 — Food Vending Rules

### § 33-33-03-01. Definitions.

The following definitions 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 department 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 department of health and human services.
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 surfaces of equipment and utensils with which food normally
comes in direct contact, and 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. ."Safe temperature" as applied to time and temperature control for safety food, means
temperatures of forty-one degrees Fahrenheit [5.0 degrees Celsius] or below, or one hundred
thirty-five degrees Fahrenheit [57.22 degrees Celsius] or above.
17. "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.
18. "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.
19. "Time and temperature control for safety food" means a food that requires time and
temperature control for safety to limit pathogenic microorganisms growth or toxin formation.
20. "Vending machine" means any self-service device which upon insertion of a coin, coins, bills,
tokens, or an electronic payment method, 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 are bottled or canned non-time and temperature control for safety
food soft drink dispensers; prepackaged ice dispensers and freezers; prepackaged candy,
cookie, cracker, or similar non-time and temperature control for safety food dispensers; and
gumball, nut, and panned candy dispensers.
History: Effective August 1, 1988; amended effective January 1, 2026.
General Authority: NDCC 19-02.1-24, 23-01-03(3)
Law Implemented: NDCC 19-02.1-24
### § 33-33-03-02. License issuance, suspension, revocation, and reinstatement.

1. It is unlawful for any person to engage in the operation of one or more vending machines in
North Dakota if that person does not possess a currently valid vending license from the
department. Only persons who comply with the provisions of this chapter are entitled to

receive such a license. The annual license fee for operating a vending machine is forty dollars.
The plan review application fee for an operator is fifty percent of the annual license fee if a
plan review application is required. For a person's initial license application, an annual license
fee and a license application administration fee of one hundred dollars is required in addition
to fifty percent of the annual license fee if a plan review application is required.
2. Any person desiring to operate one or more vending machines in North Dakota shall make an
application in writing for each vending machine to the department on forms provided by the
department. The applicant shall provide the following information:
a. The applicant's full name, residence, and post-office address.
b. The name and location of the commissary or commissaries where the vending machines
are to be located and the name and location of the company or companies servicing the
vending machines.
c. The identity of the products to be dispensed through vending machines.
d. The signature of the applicant or applicants.
3. Upon receipt of the application, the department shall issue a license to the applicant. The
license is not transferable. The operator's license must be displayed and be readily visible in
the immediate area of the vending machines. In order to retain an operator's license, the
operator shall comply with the requirements of these regulations.
4. After an opportunity for a hearing, and following the procedures provided in section
33-33-03-04, an operator's license may be suspended temporarily by the department upon
violation by the licenseholder of any of the provisions of this chapter or may be revoked upon
serious or repeated violation of such section, or for interference with the department's
performance of its duties.
5. Notwithstanding any other provisions of this chapter, whenever the department finds
unsanitary or other conditions involving the operation of any vending machine or commissary
which, in the judgment of the department, constitutes a substantial hazard to the public health,
it may, without notice or hearing, issue a written order to the operator citing the existence of
such condition and specifying corrective action to be taken and, if deemed necessary,
requiring immediate discontinuance of operation. The order is effective immediately and
applies only to the vending machine, commissary, or product involved. Any operator to whom
such order is issued shall comply therewith, but upon petition to the department, must be
afforded a hearing as soon as possible. If necessary corrective action has been taken and
upon receipt of a written request from the operator, the department shall make a reinspection
to determine whether operations may be resumed.
6. After any hearing held under the provisions of this chapter, the department shall sustain,
modify, or rescind any notice or order considered in the hearing.
7. Any operator whose license has been suspended may at any time make application for the
reinstatement of the license. Within ten days after the receipt of a written application,
accompanied by, or including, a statement signed by the operator to the effect that in the
operator's opinion the violated term or terms of this chapter have been complied with, the
department shall make a reinspection. If the applicant is again complying with the terms of this
chapter, the license must be reinstated.
History: Effective August 1, 1988; amended effective January 1, 2006; April 1, 2008; January 1, 2014;
January 1, 2026.
General Authority: NDCC 19-02.1-24, 23-01-03(3)
Law Implemented: NDCC 19-02.1-24

### § 33-33-03-03. Sale, examination, condemnation of adulterated or misbranded food.

It shall be unlawful for any person within North Dakota to sell, offer, or expose for sale, through
vending machines, or to have in possession with intent to sell therefrom any food which is adulterated
or misbranded. Samples of food may be taken and examined by the department as often as may be
necessary to determine freedom from adulteration or misbranding. The department may, on written
notice to the operator, impound and forbid the sale of any food which is adulterated or misbranded, or
which the department has probable cause to believe to be adulterated or misbranded. After the
operator has been given an opportunity for a hearing, the department may cause to be removed or
destroyed any food which is adulterated or misbranded; provided, that in the case of misbranding which
can be corrected by proper labeling, such food may be released to the operator for correct labeling
under the supervision of the department.
History: Effective August 1, 1988.
General Authority: NDCC 19-02.1-24, 23-01-03(3)
Law Implemented: NDCC 19-02.1-24
### § 33-33-03-04. Inspection of machines and commissaries.

1. The department may inspect the servicing, maintenance, and operation of vending machines
and commissaries as often as needed to determine compliance with this chapter. The
department, after proper identification, shall be permitted to enter at any reasonable time upon
any private or public property within North Dakota where vending machines or commissaries
are operated, or from which such machines are otherwise serviced, for the purpose of
determining compliance with the provisions of these regulations. The operator shall make
provision for the department to have access, either in company with an employee or
otherwise, to the interior of all vending machines operated by the operator.
2. Whenever the department discovers a violation of any provision of this chapter, it shall notify
the operator concerned either by the inspection report form or by other written notice. Such
form or notice shall (1) describe the condition found and state which section of this chapter is
violated by such condition; (2) provide a specific and reasonable period of time for the
correction of the condition; and (3) state that an opportunity for a hearing on inspection
findings will be provided, if a written request for such hearing is filed with the department
within ten days of receipt of the notice. The department may also advise the operator in writing
that unless the violations are corrected within the specified period of time, any license issued
under the provisions of this chapter may be suspended or revoked, in accordance with
provisions of section 33-33-03-02, or court action may be initiated.
History: Effective August 1, 1988.
General Authority: NDCC 19-02.1-24, 23-01-03(3)
Law Implemented: NDCC 19-02.1-24
### § 33-33-03-05. Sanitation requirements.

1. Food, consumer containers, equipment maintenance, and operations.
a. Food intended for sale through vending machines and condiments available at vending
machine locations shall be obtained from sources complying with the regulations of North
Dakota. Such food shall be wholesome, free from spoilage, and shall be processed,
prepared, handled, and stored in such a manner as to be protected against
contamination and adulteration. All food-contact surfaces of containers and equipment
shall be protected from contamination. If condiments are provided for service in
conjunction with food dispensed by a vending machine, they shall be packaged in
individual portions in single-service containers or shall be dispensed from approved
sanitary dispensers which are washed, sanitized, and filled at the commissary. Relish

bowls and similar non-self-closing condiment containers shall not be used. Potentially
hazardous food shall be held at safe temperatures except during necessary periods of
preparation.
b. Satisfactory compliance. Subdivision a shall be deemed to have been satisfied when the
following requirements are met:
(1) All food offered for sale through vending machines shall be manufactured,
processed, and prepared in commissaries or establishments which comply with all
applicable state laws and regulations.
(2) All food offered for sale through vending machines shall be wholesome.
(3) All food shall be stored or packaged in clean protective containers, and shall be
handled, transported, and vended in a sanitary manner. Condiments provided for
service in conjunction with food dispensed by a vending machine shall be packaged
in individual portions in single-service containers or shall be dispensed from
approved sanitary dispensers which are washed, sanitized, and filled at the
commissary. Fresh fruits which may be eaten raw without peeling may be dispensed
unpackaged but must be thoroughly washed in potable water before being placed in
the vending machine. Storage of cartoned, bottled, canned, or packaged food by
placing or submerging it in liquid is prohibited. Submerging such containers of food
in ice is prohibited.
(4) Potentially hazardous food offered for sale through vending machines shall be
handed or dispensed to the consumer in the individual original container or wrapper
into which it was placed at the commissary or at the manufacturer's or processor's
plant, or such products shall be dispensed into single-service containers from
containers which were filled at the commissary or at the manufacturer's or
processor's plant.
(5) In those vending machines which dispense potentially hazardous food from bulk,
the bulk supplies of such food shall be transferred only to bulk vending machine
containers and appurtenances which have been cleaned and sanitized.
(6) Potentially hazardous food within the vending machine shall be maintained at a
temperature of forty-five degrees Fahrenheit [7.22 degrees Celsius] or below, or one
hundred forty degrees Fahrenheit [60 degrees Celsius] or above, whichever is
applicable; provided, that exceptions may be made for (a) the actual time required
to load or otherwise service the machine and for a maximum recovery period of
thirty minutes, following completion of loading or servicing operation; and (b) in the
case of hot food vending machines, a maximum of one hundred twenty minutes to
heat food through the forty-five degrees Fahrenheit [7.22 degrees Celsius] to
one hundred forty degrees Fahrenheit [60 degrees Celsius] temperature zone. In
hot food vending machines which are not equipped with refrigerated storage, there
shall be no time delay to preclude heat from being applied to potentially hazardous
food immediately after it is loaded or placed in the machine. Potentially hazardous
food once heated to, or held at, a temperature of one hundred forty degrees
Fahrenheit [60 degrees Celsius] or above, shall be maintained at such temperature
until served or discarded.
Vending machines dispensing potentially hazardous food shall be provided with
adequate refrigerating or heating units, or both, and thermostatic controls which
ensure the maintenance of applicable temperatures at all times. Such vending
machines shall also have controls which prevent the machine from vending
potentially hazardous food until serviced by the operator, in the event of power

failure or other condition which results in noncompliance with temperature
requirements in the food storage compartment.
Hot food vending machines designed to heat food through the forty-five degrees
Fahrenheit [7.22 degrees Celsius] to one hundred forty degrees Fahrenheit
[60 degrees Celsius] temperature range, shall also be equipped with automatic
controls which render the machine incapable of vending potentially hazardous food
until serviced by the operator in the event that heating through this temperature
range is not accomplished in one hundred twenty minutes or less.
Potentially hazardous food which has failed to conform to the time-temperature
requirements of this paragraph shall be removed from the vending machine, and be
denatured or otherwise rendered unusable for human consumption.
Vending machines dispensing potentially hazardous food shall be provided with one
or more thermometers which, to an accuracy of minus two degrees Fahrenheit
[minus 18.89 degrees Celsius], indicates the air temperature of the warmest part of
the refrigerated food storage compartment, or the coldest part of the heated food
storage compartment, whichever is applicable.
(7) Milk and fluid milk products offered for sale through vending machines shall be
pasteurized and shall be dispensed only in individual, original containers or from
bulk containers into which such product was placed at the milk plant; provided, that
such products may be reconstituted automatically within the vending machine when
(a) the powder or concentrate is made from a pasteurized milk or milk product and
is from an approved source; (b) the mixing chambers or bowls and any food-contact
surface downstream from such mixing units are maintained at safe temperatures;
and (c) the product is reconstituted for immediate dispensing in individual unit
servings.
(8) Milk and fluid milk products used as an ingredient in hot liquid beverages dispensed
from vending machines may be transferred to a multiuse machine canister at the
machine location; provided, that (a) the location offers adequate protection against
dust, insects, and other contamination; (b) the milk or fluid milk product is
transferred from a dairy-filled container of not to exceed one-half gallon [1.89 liter]
capacity; (c) the entire contents of such dairy-filled container are used in the
transfer; (d) unused portions removed from the machine are discarded to waste;
and (e) the milk or fluid milk product is poured only into an empty canister which has
been effectively cleaned and sanitized at the commissary; provided further, that milk
or fluid milk products shall not be used as an ingredient under the terms of this
paragraph unless the temperature of the hot beverage at the point of mixing with the
milk product is one hundred sixty degrees Fahrenheit [71.11 degrees Celsius] or
higher.
Vending machine canisters and appurtenances used for the transfer of such milk
products shall be effectively cleaned and sanitized at approved, fixed facilities at the
commissary by methods approved by the department. After sanitization, the canister
and appurtenances shall be fully wrapped in a single-service bag or cover which
shall not be opened until the canister unit is installed in the refrigerated
compartment of the vending machine. Canisters and appurtenances shall be so
designed and constructed that the handling of contact surfaces at the machine
location is unnecessary; and, such surfaces shall not be handled during canister
installation, tube insertion, or product transfer.
(9) All parts of any bulk milk vending machine which come into direct contact with the
milk or milk product shall be effectively cleaned and sanitized at the milk plant;

provided, that single-service dispensing tubes which receive sanitizing treatment at
the fabricating plant and which are individually packaged in such manner as to
preclude contamination, may be exempted from this provision. The can or other bulk
milk container shall be filled only at the milk plant and shall be sealed in such
manner as to make it impractical to withdraw any part of its contents or to introduce
any substance without breaking the seal or seals. The delivery tube and any
milk-contact parts of the dispensing device shall be attached at the milk plant, and
shall be protected by a moistureproof covering, or housed in a compartment with a
moisture-tight closure which shall not be removed until after the container is placed
in the refrigerated compartment of the vending machine.
(10) With the exception of food-contact surfaces of bulk milk vending machines for which
separate provisions for cleaning and sanitizing are specified in paragraph 9, all
multiuse containers or parts of vending machines which come into direct contact
with potentially hazardous food shall be removed from the machine daily and shall
be thoroughly cleaned and effectively sanitized at the commissary or other
approved facility; provided, that the requirement for daily cleaning and sanitizing
may be waived for those food-contact surfaces which are maintained at all times at
a temperature of forty-five degrees Fahrenheit [7.22 degrees Celsius] or below, or
one hundred forty degrees Fahrenheit [60 degrees Celsius] or above, whichever is
applicable, and an approved cleaning frequency is followed. Such parts shall, after
sanitizing, be protected from contamination.
(11) All parts of vending machines which come into direct contact with other than
potentially hazardous food shall be thoroughly cleaned by approved methods. The
frequency of such cleaning shall be established by the department based upon the
type of product being dispensed. A record of such cleaning operations shall be
maintained by the operator in each machine or shall be made available at the time
of inspection and shall be current for at least the past thirty days.
(12) All single-service articles shall be purchased in sanitary cartons or packages which
protect the articles from contamination, shall be stored in a clean, dry place until
used, and shall be handled in a sanitary manner. Such articles shall be stored in the
original carton or package in which they were placed at the point of manufacture
until introduced into the magazine or dispenser of the vending machine.
Single-service articles stored within the vending machine shall be protected from
manual contact, dust, insects, rodents, and other contamination.
2. Machine location.
a. The machine location shall be such as to minimize the potential for contamination of the
food, shall be well-lighted, easily cleanable, and shall be kept clean. Conveniently
located handwashing facilities shall be available for use by employees servicing or
loading bulk food machines.
b. Satisfactory compliance. Subdivision a shall be deemed to have been satisfied when the
following requirements are met:
(1) Each vending machine shall be located in a room, area, or space which can be
maintained in a clean condition and which is protected from overhead leakage or
condensation from water, waste, or sewer piping. The immediate area in which the
machine is located shall be well-lighted. Each vending machine shall be so located
that the space around and under the machine can be easily cleaned and
maintained, and so that insect and rodent harborage is not created.

(2) The floor area where vending machines are located shall be reasonably smooth, of
cleanable construction, and be capable of withstanding repeated washing and
scrubbing. This space and the immediate surroundings of each vending machine
shall be maintained in a clean condition.
(3) Adequate handwashing facilities, including hot and cold or tempered running water,
soap, and individual towels, shall be convenient to the machine location and shall
be available for use by employees servicing or loading bulk food machines.
3. Exterior construction and maintenance.
a. The exterior construction of the vending machine shall be such as to facilitate cleaning
and to minimize the entrance of insects and rodents, and the exterior of the machine
shall be kept clean. Service connections to machines vending potentially hazardous food
or food in bulk shall be such as to protect against unintentional or accidental interruption
of service to the machine.
b. Satisfactory compliance. Subdivision a shall be deemed to have been satisfied when the
following requirements are met:
(1) The vending machine shall be of sturdy construction and the exterior shall be so
designed, fabricated, finished, and maintained so as to facilitate its being kept clean,
and to minimize the entrance of insects and rodents. The exterior of the machine
shall be kept clean.
(2) Door and panel access openings to the food and container storage spaces of the
machine shall be tight-fitting, and if necessary, gasketed, so as to prevent the
entrance of dust, moisture, insects, and rodents.
(3) All ventilation louvers or openings into vending machines shall be effectively
screened. Screening material for openings into food and container storage spaces
of the machine shall be not less than sixteen mesh to the inch [2.54 centimeters] or
equivalent. Screening material for openings into condenser units which are
separated from food and container storage spaces shall be not less than eight mesh
to the inch [2.54 centimeters] or equivalent.
(4) In all vending machines in which the condenser unit is an integral part of the
machine, such unit when located below the food and container storage space shall
be separated from such space by a dustproof barrier, and when located above, shall
be sealed from such space.
(5) Unless the vending machine is sealed to the floor or counter so as to prevent
seepage underneath, or can be manually moved with ease, one or more of the
following provisions shall be utilized to facilitate cleaning operations: (a) The
machine shall be mounted on legs six inches [l5.24 centimeters] or more in height;
provided, that countertype machines may use four-inch [10.16-centimeter] legs; or
(b) the machine shall be mounted on casters or rollers; or (c) the machine shall be
mounted on gliders which permit it to be easily moved.
(6) All service connections through an exterior wall of the machine, including water,
gas, electrical, and refrigeration connections, shall be grommeted or closed to
prevent the entrance of insects and rodents. All service connections to machines
vending potentially hazardous food or food in bulk shall be such as to discourage
their unauthorized or unintentional disconnection.
4. Interior construction and maintenance.

a. All interior surfaces and component parts of the vending machine shall be so designed
and constructed as to permit easy cleaning, and shall be kept clean. All food-contact
surfaces of the machine shall be of smooth, nontoxic, corrosion-resistant, and relatively
nonabsorbent material, and shall be capable of withstanding repeated cleaning and
sanitizing by normal procedures. Such surfaces shall be protected against contamination.
b. Satisfactory compliance. Subdivision a shall be deemed to have been satisfied when the
following requirements are met:
(1) The non-food-contact surfaces of the interior of vending machines shall be so
designed and constructed as to permit easy cleaning, and to facilitate maintenance
operations. Inaccessible surfaces or areas shall be minimized.
(2) All food-contact surfaces of vending machines shall be smooth, in good repair, and
free of breaks, corrosion, open seams, cracks, and chipped places. The design of
such surfaces shall be such as to preclude routine contact between food and V-type
threaded surfaces. All joints and welds in food-contact surfaces shall be smooth;
and all internal angles and corners of such surfaces shall be rounded to facilitate
cleaning.
(3) All food-contact surfaces of vending machines, including containers, pipes, valves,
and fittings, shall be constructed of nontoxic, corrosion-resistant, and relatively
nonabsorbent materials, and shall be kept clean. In all vending machines in which
carbon dioxide is used to propel water, food, or other ingredients, all food-contact
surfaces in the system shall be of such material as to preclude the production of
toxic substances which might result from interaction between the carbon dioxide
and food-contact surfaces. All food-contact surfaces, unless designed for inplace
cleaning, shall be accessible for manual cleaning and inspection: (a) without being
disassembled; (b) by disassembly without the use of tools; or (c) by easy
disassembly with the use of only simple tools such as a screwdriver or an open-end
wrench. In machines of such design that food-contact surfaces are not readily
removable, inplace cleaning of such surfaces may be permitted; provided, that (a)
they are so arranged that cleaning and sanitizing solutions can be circulated
throughout the fixed system; (b) such solutions will contact all food-contact surfaces;
(c) the system is self-draining or otherwise completely evacuated; and (d) the
procedures utilized result in thorough cleaning of the equipment.
(4) The openings into all nonpressurized containers used for the storage of vendable
food, including water, shall be provided with covers which prevent contamination
from reaching the interior of the containers. Such covers shall be designed to
provide a flange which overlaps the opening, and shall be sloped to provide
drainage from the cover wherever the collection of condensation, moisture, or
splash is possible. Concave covers or cover areas are prohibited. Any port opening
through the cover shall be flanged upward at least three-sixteenths inch
[4.76 millimeters], and shall be provided with an overlapping cover flanged
downward. Condensation, drip, or dust deflecting aprons shall be provided on all
piping, thermometers, equipment, rotary shafts, and other functional parts extending
into the food container, unless a watertight joint is provided. Such aprons shall be
considered as satisfactory covers for those openings which are in continuous use.
Gaskets, if used, shall be of a material which is nontoxic, relatively stable, and
relatively nonabsorbent, and shall have a smooth surface. All gasket retaining
grooves shall be easily cleanable.
(5) The delivery tube or chute and orifice of all bulk food and bulk beverage vending
machines shall be protected from normal manual contact, dust, insects, rodents,

and other contamination. The design shall be such as to divert condensation or
other moisture from the normal filling position of the container receiving the food or
beverage. The vending stage of such machines shall be provided with a tight-fitting,
self-closing door or cover which is kept shut, except when food is being removed.
(6) The food storage compartment within vending machines dispensing packaged liquid
food shall be so constructed as to be self-draining, or shall be provided with a drain
outlet which permits complete draining of the compartment. All such drains shall be
easily cleanable.
(7) Opening devices which come into contact with the food or the food-contact surface
of the containers shall be constructed of smooth, nontoxic, corrosion-resistant, and
relatively nonabsorbent materials. Unless the opening device is of a single-service
type, it shall be readily removable for cleaning, and shall be kept clean. Parts of
multiuse opening devices which come into contact with the food or food-contact
surface of containers shall be reasonably protected from manual contact, dust,
insects, rodents, and other contamination; and such parts shall be readily
removable for cleaning.
5. Water supply.
a. Water used in vending machines shall be from an approved source, and shall be of a
safe and sanitary quality. Vending machines shall be so installed and operated as to
prevent the production of toxic substances in the water.
b. Satisfactory compliance. Subdivision a shall be deemed to have been satisfied when the
following requirements are met:
(1) All water used in vending machines shall be of a safe and sanitary quality and from
an approved source. Water used as a food ingredient shall be piped to the vending
machine under pressure or brought to the vending machine in portable containers or
urns which have been filled in a sanitary manner directly from an approved water
supply outlet at the commissary or other approved location. Ingredient water shall
not be transferred from one container to another at the machine location. Containers
for the storage of ingredient water or ice, which are not a part of this closed water
system, shall be designed and maintained as food-contact surfaces. Water
containers or urns shall be cleaned and sanitized at the commissary or other
approved facility after each use. Such portable containers shall be continuously
protected against contamination from the time of sanitizing until placed in the
vending machine. Protection shall be effected which will prevent unauthorized
persons from tampering with or refilling the water container. All plumbing
connections and fittings shall be installed in accordance with state and local
plumbing regulations.
(2) If used, water filters or other water-conditioning devices shall be of a type which
may be disassembled for periodic cleaning or replacement of the active element.
Replacement elements shall be handled in a sanitary manner.
(3) All vending machines which dispense carbonated beverages, and which are
connected to a water supply system, shall be equipped with two (or a double) check
valves; or an airgap; or a device to vent carbon dioxide to the atmosphere; or other
approved device, which will provide positive protection against the entrance of
carbon dioxide or carbonated water into the water supply system.

(4) Where check valves are used for the protection of the water supply system, a
screen of not less than one hundred mesh to the inch [2.54 centimeters] shall be
installed in the waterline immediately upstream from the check valves.
(5) In all vending machines which dispense carbonated beverages and which are
connected to a water supply system, the ingredient water-contact surfaces from the
check valves or other protective device downstream, including the device itself, shall
be of such material as to preclude the production of toxic substances which might
result from interaction with carbon dioxide or carbonated water.
6. Waste disposal.
a. All wastes shall be properly disposed of, and pending disposition, shall be kept in
suitable containers so as to prevent creating a nuisance.
b. Satisfactory compliance. Subdivision a shall be deemed to have been satisfied when the
following requirements are met:
(1) All trash and other waste material shall be removed from the machine location as
frequently as may be necessary to prevent nuisance and unsightliness, and shall be
disposed of in an approved manner.
(2) Self-closing, leakproof, easily cleanable, plainly labeled and designated waste
container or containers shall be provided in the vicinity of each machine or
machines to receive used cups, cartons, wrappers, straws, closures, and other
single-service items. After being emptied, each waste container shall be thoroughly
cleaned. Such waste containers shall not be located within the vending machine;
provided, that an exception may be made for those machines dispensing only
packaged food with crown closures. In case of an exception, the closure receptacle
may be located within the machine. Suitable racks or cases shall be provided for
multiuse containers or bottles.
(3) Containers shall be provided within all machines dispensing liquid food in bulk for
the collection of drip, spillage, overflow, or other internal wastes. An automatic
shutoff device shall be provided which will place the vending machine out of
operation before such container overflows. Containers or surfaces on which such
wastes may accumulate shall be readily removable for cleaning, shall be easily
cleanable, and shall be corrosion-resistant. If liquid wastes from drip, spillage, or
overflow, which originate within the machine are discharged into a sewerage
system, the connection to the sewer shall be through an airgap.
7. Delivery of food, equipment, and supplies to machine location.
a. Food, food-contact surfaces of containers, equipment, and supplies shall be protected
from contamination while in transit to machine location. Potentially hazardous food, while
in transit and in storage on location, shall be maintained at safe temperatures.
b. Satisfactory compliance. Subdivision a shall be deemed to have been satisfied when the
following requirements are met:
(1) Food, while in transit to vending machine locations, shall be protected from the
elements, dirt, dust, insects, rodents, and other contamination. Similar protection
shall be provided for single-service containers, and for the food-contact surfaces of
equipment, containers, and devices in transit to machine locations.
(2) Potentially hazardous food, prior to being loaded in the delivery vehicle, shall be
maintained at a temperature of forty-five degrees Fahrenheit [7.22 degrees Celsius]

or below, or one hundred forty degrees Fahrenheit [60 degrees Celsius] or above,
whichever is applicable. Such food shall also comply with the applicable
temperature requirements while in transit to machine locations.
(3) If potentially hazardous food is stored at machine locations, the applicable safe
temperature shall be maintained during storage.
8. Cleanliness of personnel.
a. Employees shall maintain a high degree of personal cleanliness and shall conform to
hygienic practices while engaged in handling foods, or food-contact surfaces of utensils
or equipments.
b. Satisfactory compliance. Subdivision a shall be deemed to have been satisfied when the
requirements of this subdivision are met. Employees shall wash their hands immediately
prior to engaging in any vending machine servicing operation which may bring them into
contact with food, or with food-contact surfaces of utensils, containers, or equipment.
While engaged in such servicing operations, employees shall wear clean outer garments,
shall conform to hygienic practices, and shall not use tobacco in any form.
History: Effective August 1, 1988.
General Authority: NDCC 19-02.1-24, 23-01-03(3)
Law Implemented: NDCC 19-02.1-24
### § 33-33-03-06. Disease control.

No person, while affected with any disease in a communicable form, or while a carrier of such
disease, or while afflicted with boils, infected wounds, sores, or an acute respiratory infection, shall
work in any area of a commissary or vending operation in any capacity in which there is a likelihood of
such person contaminating food or food-contact surfaces with pathogenic organisms, or transmitting
disease to other individuals. No person known or suspected of being affected with any such disease or
condition shall be employed in such an area or capacity. If the manager or person in charge of the
establishment has reason to suspect that any employee has contracted any disease in a communicable
form or has become a carrier of such disease, the manager or person in charge shall notify the
department immediately.
History: Effective August 1, 1988.
General Authority: NDCC 19-02.1-24, 23-01-03(3)
Law Implemented: NDCC 19-02.1-24
### § 33-33-03-07. Procedure when infection is suspected.

When the department has reasonable cause to suspect the possibility of disease transmission from
any employee, the department shall secure a morbidity history of the suspected employee or make
such other investigation as may be indicated, and take appropriate action. The department may require
any or all of the following:
1. The immediate exclusion of the employee from all commissaries and vending machine
operations.
2. The immediate closure of the commissaries and operations concerned until, in the opinion of
the department, no further danger of disease outbreak exists.
3. Restriction of the employee's services to some area of work where there would be no danger
of transmitting disease.

4. Adequate medical examination of the employee and of the employee's associates, with such
laboratory examinations as may be indicated.
History: Effective August 1, 1988.
General Authority: NDCC 19-02.1-24, 23-01-03(3)
Law Implemented: NDCC 19-02.1-24
### § 33-33-03-08. Commissaries outside North Dakota.

Food from commissaries outside of North Dakota may be sold within the state if such commissaries
conform to the provisions of the food-service establishment sanitation regulations of North Dakota, or to
substantially equivalent provisions. To determine the extent of compliance with such provisions, the
department may accept reports from the responsible authorities in the jurisdictions where the
commissary or commissaries are located.
History: Effective August 1, 1988.
General Authority: NDCC 19-02.1-24, 23-01-03(3)
Law Implemented: NDCC 19-02.1-24
