1.    An establishment may not sell any type of prepackaged food from a food vending machine without first obtaining a license from the department. The license expires on June thirtieth of each year. The department may adopt rules establishing the amount and the procedures for the collection of license fees. License fees collected pursuant to this section must be deposited in the department’s operating fund in the state treasury and any expenditure from the fund is subject to appropriation by the legislative assembly.

Terms Used In North Dakota Code 19-02.1-24

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • year: means twelve consecutive months. See North Dakota Code 1-01-33

2.    The department may, in accordance with chapter 28-32, revoke an establishment’s license if the establishment fails to comply with the rules adopted pursuant to subsection 3.

3.    The department may adopt, in accordance with chapter 28-32, rules which define “food vending machine” for the purposes of this section and rules governing the sanitation, maintenance, and construction of such vending machines and exempting certain types of machines from this section, if it is deemed appropriate and not materially detrimental to public health.

4.    The department may inspect any food vending machine for compliance with the rules and for the presence of a license required by this section.

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