Section 33-31-03-04 - Labeling requirements1. Any container of food with the label of mandatory information missing which cannot be identified and relabeled correctly may not be sold. When original labels are missing or illegible, relabeling or overlabeling is required. 2. All salvaged food, except as described in subsection 5, must be identified to indicate that the food has been salvaged by clearly marking the term "salvaged food" on all invoices, bills of lading, shipping invoices, receipts, and inventory records. 3. A person selling salvaged food at retail, except as described in subsection 5, shall notify the consumer that the food is salvaged either by labeling each retail package or container "salvaged" or "reconditioned" or posting a conspicuous placard at the retail display location stating "salvaged food" or "reconditioned food". Placards must be readable, using letters of not less than one and one-half-inch [3.81-centimeter] type. Placards must also state, "This item has been reconditioned and has been determined wholesome for human consumption under applicable state requirements by (name of food seller)". 4. All salvaged food in containers must be provided with labels that comply with the requirements contained in North Dakota Century Code chapter 19-02. If original labels are removed from containers that are to be resold or redistributed, the replacement labels must show as the distributor the name and address of the salvage food processor and the date of reconditioning for sale or distribution. 5. Subsections 2 and 3 do not apply to food products damaged in normal course of handling and transportation, where food is intact in its original container and has not been subject to fire, chemical spills, temperature abuse in perishable food products, in contact with water, or other similar risk of contamination. N.D. Admin Code 33-31-03-04
General Authority: NDCC 23-01-03
Law Implemented: NDCC 23-09-24