# Title 33 — State Department of Health

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

## Chapter 33-33-10 — Preparation of Cottage Food Products for Sale

### § 33-33-10-01. Definitions.

Repealed effective October 1, 2021.
### § 33-33-10-02. Cottage food products.

Repealed effective October 1, 2021.
### § 33-33-10-03. Safe handling instructions and product disclosure statement.

Repealed effective October 1, 2021.
### § 33-33-10-04. Illness or environment health complaint investigation.

1. Authorized representatives of the department or local regulating authority may access a
cottage food production area of a cottage food operator's private home, point of sale, or venue
where transactions of cottage foods take place to conduct an investigation upon complaint of
an illness or environmental health. The cottage food operator may request to see the
representatives' credentials.
2. If the department or local regulatory authority determines, as part of an investigation
conducted in accordance with subsection 9 of North Dakota Century Code section 23-09.5-02
the source of an environmental health hazard or an illness complaint is associated with
preparation, processing, packaging, or point of sale of a cottage food product, or otherwise
associated with the cottage food operation, and poses a threat to public health or safety,
where all reasonable measures have not been taken to ensure a cottage food product is not
adulterated, contaminated by undesirable micro-organisms, or that cottage food product is
misbranded or misrepresented to the informed end consumer, the cottage food operator will
be notified and the department will act in accordance with North Dakota Century Code chapter
19-02.1.
3. The cottage food operator shall prepare and submit to the department a plan of correction in
accordance with the minimum standards of these rules and North Dakota Century Code
chapter 23-09.5. The plan shall contain adequate information to enable the department to
determine whether the proposed corrective action measures will abate or prevent ongoing
threat to public health.
History: Effective January 1, 2020.
General Authority: NDCC 23-01-03(3)
Law Implemented: NDCC 19-02.1, 23-09.5-02(9)
### § 33-33-10-05. Infectious disease.

A cottage food operator or member of the cottage food operator's private home afflicted with
symptoms consistent with a contagious or infectious disease may not knowingly:

1. Handle or prepare cottage food products; or
2. Work in a cottage food production area.
History: Effective January 1, 2020.
General Authority: NDCC 23-01-03(3)
Law Implemented: NDCC 23-01-03(3), 23-09.5
