1LIC HEALTH LAWS 
of the 
STATE OF NORTH DAKOTA 
and 
Rules and Regulations 
of the 
State Department of Health 
issued by 
STATE DEPARTMENT OF HEALTH 
Bismarck, North Dakota 
1946 PUBLIC HEALTH LAWS 
of the 
STATE OF NORTH DAKOTA 
and 
Rules and Regulations 
of the 
State Department of Health 
issued by; 
STATE DEPARTMENT OF HEALTH 
WILLIAM M. SMITH, M.D., M.P.H. 
Acting State Health Officer 
1946 
143315 
2 PUBLIC HEALTH LAWS 
of the 
STATE OF NORTH DAKOTA 
Bismarck, N. Dak. 
RULES AND REGULATIONS OF THE STATE 
DEPARTMENT OF HEALTH MADE IN 
CONFORMITY THEREWITH 
September 5, 1946 
PUBLIC HEALTH ADVISORY COUNCIL 
L. W. Larson, M.D., Chairman Bismarck 
S. B. Hocking, D.D.S Devils Lake 
Nels Johnson, Attorney General Bismarck 
Agnes Stucke, M.D Garrison 
G. B. Nordrum, Supt. of Public Instruction Bismarck 
Buy “Dakota Maid" Flour 
Edited by Division of Health Education TABLE OF CONTENTS 
PUBLIC HEALTH LAWS 
Page 
Public Health Administration 5 
State Department of Health 5 
County, Township and Village 9 
Board of Health, Organization 
City Boards of Health 12 
Council System 12 
Commission System 13 
Local Boards of Health, Duties and Powers 14 
Reportable Diseases 18 
Infant Blindness 20 
Contagious or Infectious Diseases 21 
Health Districts 23 
Vital Statistics—Registration of Births and Deaths 27 
Disinfection of Second Hand Goods , 52 
Use of Public Drinking Cup 52 
Establishing Hospitals in Residential Areas 52 
Fraudulent Advertising 52-56 
Miscellaneous Laws affecting the Public Health 54 
Barber Shops, Sanitary Regulations - 54 
Common Carriers, Disinfection of Motor Carrier 54 
Driver, Certificate of Birth 55 
Livestock Carrier, Cleaning 55 
Crippled Children, Birth Reports 55 
Maternity Hospital, Report Births 55 
Meats, Sale of: Regulations 60 
Selling Adulterated and Unwholesome Foods or Medicine 57 
Food Establishments, Regulations Governing 60 
Drugs, Regulations Concerning 62 
Hairdressers and Cosmetologists, Sanitary Rules 66 
Hotels, Lodging Houses, Restaurants, and Boarding Houses: 
Sanitation of 66 
Juvenile Court 69 
Livestock Sales Ring, Sanitary Regulations 69 
Marriages, Regulation of 70 
Nuisances, 74 
Definition 74 
Municipalities, Governing Body, General Provisions of 74 
Rendering Plants 78 
School Health Laws 79 
Construction 78 
Required Subjects Taught 82 
Physical Education, Health Inspection 82 
Tourist Camps - 83 
State Institutions, Records Kept 85 
Sterilization of Feeble Minded, Insane, Etc 86 
Water 89 
Fouling Public Water 89 
Powers and Duties of Conservation Commission — 90 RULES AND REGULATIONS 
Page 
Regulations for Prevention of Diseases 93 
General Regulation 93 
Quarantine and Isolation 98 
Disinfection 100 
Common Carriers . 103 
Cancer 103 
Regulation of Contagious and Infectious Diseases 103 
Chickenpox 103 
Conjunctivitis, Acute Infectious 104 
Diphtheria 104 
Measles 105 
Meningococcus Meningitis 106 
Poliomyelitis (Infantile Paralysis) 106 
Rabies 106 
Rheumatic Fever 108 
Scarlet Fever 108 
Smallpox 109 
Typhoid and Paratyphoid Fever 109 
Whooping Cough (Pertussis) 112 
Others 112 
Control and Suppression of Venereal Disease 113 
Prevention of Dangerous Communicable Diseases among Schools 
and School Children 118 
Water, Sewerage and Refuse Disposal 121 
Milk Sanitation 132 
Sterilization of Second Hand Goods 149 
Importation of Parrots, Parakeets, Etc 151 
Miscellaneous Regulations 120 
Books Exposed to Infection 117 
Embalmers 151 PUBLIC HEALTH LAWS 
of the 
STATE OF NORTH DAKOTA 
PUBLIC ADMINISTRATION 
STATE DEPARTMENT OF HEALTH 
23-0101. State Department of Health: Officers. The state de- 
partment of health shall consist of a public health advisory council, 
a state health officer, directors of divisions, and the other employees 
of the department. 
Source: R.C. 1895, s. 240; R.C. 1899, s. 240; R.C. 1905, s. 252; 
C.L. 1913, s. 397, am’d. S.L. 1923, c. 227, s. 1; 1925 Supp., s. 396dl, 
am’d. S.L. 1933, c. 189, s. 1. 
23-0102. Public Health Advisory Council: Members; Terms of 
Office; Vacancies; Compensation; Officers; Meetings. The public 
health advisory council shall consist of the superintendent of public 
instruction, the attorney general, and three persons appointed by the 
governor. One of the appointive members shall be a woman, one 
shall be a physician who is a graduate of a regular medical school 
of class A standing, and one shall be a dentist who is a graduate 
of a regular dental school of class A standing. The term of office of 
each appointive member shall be six years, and the terms shall be 
so arranged that the term of one appointee, and of only one, shall 
expire on the first day of July in each odd numbered year. A person 
appointed to fill a vacancy arising before the expiration of a term 
shall be appointed for the residue of such term only. The members 
of the council shall receive only their actual and necessary traveling 
expenses when engaged in the discharge of their official duties. The 
council shall choose one of its number as president, who shall serve 
for two years, and one of its number as secretary. The council shall 
meet in January and June of each year and at such other times as 
the council or its president may direct. 
Source; R.C. 1895, ss. 240, 241, 242, 252, am’d. S.L. 1899, c. 58, 
s. 1; R.C. 1899, ss. 240, 241, 242, 252; R.C. 1905, ss. 252, 253, 254, 258; 
C.L. 1913, ss. 397, 398, 399, 403, am’d. S.L. 1923, c. 227, s. 2; 1925 
Supp., s. 396d2, am’d. S.L. 1933, c. 189, s. 1, R.C. 1895, s. 244, am’d. 
S.L. 1897, c. 35. s. 1; R.C. 1899, s. 244, am’d. S.L. 1903, c. 181, s. 1; 
R.C. 1905, s. 256; C.L. 1913, s. 401, am’d. S.L. 1923, c. 227, s. 2; 1925 
Supp. s. 396d2, am’d. S.L. 1933, c. 189, s. 1. 
23-0103. Powers and Duties of the Public Health Advisory Coun- 
cil. The public health advisory council shall: 
1. Fix, subject to the provisions of section 23-0102, the time and 
place of the meetings of the council; 
2. Make rules and regulations for the government of the council 
and its officers and meetings; 
3. Make and enforce all rules and regulations which may be 
required for the prevention, control, and cure of contagious, 
infectious, and malarial diseases or which may be required 
to carry out any of the provisions of this title. 6 
STATE OF NORTH DAKOTA 
4. Advise the state health officer and the directors of divisions 
in all matters pertaining to public health work and to the 
work of the various divisions of the state department of 
health; 
5. Establish quarantines and isolate any person affected with 
any contagious or infectious disease; 
6. Quarantine and isolate any animal necessary to protect the 
public health and notify the executive officer of the state 
livestock sanitary board to investigate the situation when 
the slaughtering of any such animal may be required; 
7. Remove, or cause to be removed, any dead, decaying, or 
putrid body, or any decayed, putrid, or other substance which 
may endanger the public health; 
8. Investigate complaints relating to the sale of, and condemn 
and cause to be destroyed, any impure or diseased article of 
food, and notify the state laboratories department of all such 
complaints; 
9. Superintend the several boards of health in the counties, 
cities, villages, and town ships of this state; and 
10. Make such rules and regulations, not inconsistent with the 
provisions of this title, as it may deem necessary to govern 
the preparation of dead bodies for burial or for transporta- 
tion, to govern the burial where death was caused by an 
infectious or contagious disease, and to specify what classes 
of dead bodies may be transported and to govern the manner 
of such transportation. 
The council may direct the state health officer to do or cause to be 
done, any or all of the things which may be required in the proper 
performance of the various duties placed upon the state department 
of health. 
Source: R.C. 1895, s. 243, am’d. S.L. 1899, c. 30, s. 1; R.C. 1899, 
s. 243; R.C. 1905, s. 255; C.L. 1913, s. 400. S.L. 1923, c. 227, s. 4; 1925 
Supp., s. 400a, am’d. S.L. 1933, c. 189, s. 1. 
Cross Reference: Contagious and infectious diseases of livestock, 
see c. 14 of the title Livestock. 
23-0104. Effect of Rules and Regulations. All rules and regu- 
lations promulgated by the public health advisory council under the 
power granted by any provisions of this title shall be binding upon 
all county and municipal health officers and shall have the force and 
effect of law. 
Source: S.L. 1919, c. 237, s. 5; 1925 Supp.', s. 2971b5. 
23-0105. Health Officer: Qualifications; Salary; Term. The 
state health officer shall be appointed by the public health advisory 
council. He or she shall be a physician who has graduated from a 
regular school of medicine of class A standing, who shall have had 
special training and experience in public health administration and 
who shall be duly licensed to practice his profession in North Dakota. 
He shall receive a salary not to exceed five thousand dollars a year, 
such salary to be fixed by the public health advisory council at its 
annual January or June meeting. He also shall receive all necessary 
traveling expenses incurred in the performance of official business. 
He shall not engage in any other occupation or business and shall hold 
office for four years beginning July 1, 1943. The state health officer 
shall be the administrative officer of the state department of health. 
Source: R.C. 1895, ss. 240, 241, 242, 252, am’d. S.L. 1899, c. 58, s. 1; 
R.C. 1899, ss. 240, 241, 242, 252; R.C. 1905, ss. 252, 253, 254, 258; C.L. PUBLIC HEALTH LAWS 
7 
1913, ss. 397, 398, 399, 403, am’d. S.L. 1923, c. 227, s. 3; 1925 Supp. 
s. 396d3, am’d. S.L. 1933, c. 189, s. 1. R.C. 1895, s. 244, am’d. S.L. 1897, 
c. 35, s. 1; R.C. 1899, s. 244, am’d. S.L. 1903, c. 181, s. 1; R.C. 1905, 
s. 256; C.L. 1913, s. 401, am’d. S.L. 1923, c. 227, s. 3; 1925 Supp., 
s. 396d3, am’d. S.L. 1933, c. 189, s. 1, am’d. S.L. 1943, c. 207, s. 1. 
23-0106. Report of State Health Officer; Contents. The state 
health officer, on the first day of December of each even numbered 
year, shall make a report to the governor covering the preceding 
two-year period showing; 
1. The work done by the state department of health; 
2. The work done by him; 
3. The number of cases he has. treated; 
4. The number of cases treated in each county by the superin- 
tendent of public health for the county; 
5. The character and extent, during such time, of all contagious 
or infectious diseases reported to him; 
6. The expenditures of the state department of health. 
7. The expenditures in each county by the county board of 
health; and 
8. Any recommendations he deems advisable for the better pro- 
tection of the public health and the prevention and cure of 
contagious or infectious diseases. 
Source: R.C. 1895, s. 251; R.C. 1899, s. 251; R.C. 1905, s. 257; C.L. 
1913, s. 402. 
Cross Reference: Printing of reports, see c. 3 of the title Print- 
ing Laws. 
23-0107. Working Divisions of Department. The state depart- 
ment of health may establish the following divisions. 
1. Division of vital statistics; 
2. Division of preventable disease; 
3. Division of child hygiene and public health nursing; 
4. Division of sanitary engineering; 
5. Division of public health laboratories with such laboratories 
and branches thereof at such places as the public health 
advisory council may deem necessary; and 
6. Such other divisions as may be deemed necessary from time 
to time by the council. 
Source: S.L. 1923, c. 227, s. 6; 1925 Supp., s. 403a2, am’d. S.L. 
1933, c. 189, s. 2; S.L. 1907, c. 238, s. 1; C.L. 1913, s. 1650. S.L. 1933, 
c. 189, s. 3. 
23-0108. Directors of Divisions: Appointment; Salary; Duties. 
The state health officer shall appoint directors of the various divi- 
sions of the department and shall determine the salary, within the 
limits of legislative appropriations to the department, to be received 
by such persons. The duties of such directors shall be those prescribed 
by the state health officer. 
23-0109. Duties of Director of Public Health Laboratories Divi- 
sion. The director of the division of public health laboratories of 
the state department of health shall: 
1. Make bacteriological examination of bodily secretions and 
excretions and of waters and foods; 
2. Make preparations and examinations of pathological tissues 
submitted by the state health officer, by any county super- 8 
STATE OF NORTH DAKOTA 
intendent of public health, or by any physician who has been 
regularly licensed to practice in this state; 
3. Make all analyses and preparations which he is required to 
make, and furnish the results thereof, as expeditiously and 
promptly as possible; 
4. Cause sanitary statistics to be collected and tabulated, and 
cause to be ascertained by research work such methods as 
will lead to the improvement of the sanitation of the various 
parts of the state; and 
5. From time to time, cause to be issued bulletins and reports 
setting forth the results of the sanitary and pathological 
work done in the laboratories embodying all useful and im- 
portant information resulting from the work carried on in 
the laboratories during the year, the substance of such bulle- 
tins and reports to be incorporated in the annual report of 
the state health officer. 
Source: S.L. 1907, c. 238, ss. 2, 3, 5; C.L. 1913, ss. 1651, 1652, 1654. 
23-0110. Office Space. The state shall provide suitable office 
space in Bismarck for housing and maintaining the state department 
of health. Special fireproof vaults shall be provided for the storage 
of birth and death certificates. 
Source: S.L. 1923, c. 227, s. 7; 1925 Supp., s. 403a3, am’d. S.L. 
1933, c. 189, s. 2. 
23-0111. Acceptance of Funds by State Health Department Au- 
thorized. The state department of health may accept funds from 
cities, counties, the federal government, private organizations, and 
individuals for infancy and maternal hygiene and for other public 
health work and, when approved by the governor of this state, may 
match the same from any unexpended portion of its appropriation in 
accordance with specifications agreed, to or required by congressional 
act. All infancy and maternal hygiene and public health work shall 
be done under the supervision of the state department of health. 
Source: S.L. 1923, c. 116, s. 3; 1925 Supp., s. 396d6, am’d. S.L. 
1931, c. 262, s. 1, am’d. S.L. 1933, c. 189, s. 2. 
23-0112. Hospital Records To Be Kept at Direction of State 
Health Officer. When any person is admitted into a lying-in hospital 
or other institution, public or private, to which persons resort for 
the treatment of disease or for confinement, or to which persons are 
committed by process of law, the superintendent, manager, or other 
person in charge of such institution shall make a record of all the 
personal and statistical particulars relative to such person. The 
record shall be in such form as is directed by the state health officer. 
In the case of any person admitted or committed for medical treat- 
ment of disease, the physician in charge shall specify for entry in 
the records the nature of the disease and where, in his opinion, it 
was contracted. The personal particulars and information required 
for compliance with the provisions of this section shall be obtained 
from the individual himself, if practicable, and when the informa- 
tion cannot be obtained from him, from his relatives or friends or 
from any other person acquainted with the facts. 
Source: S.L. 1907, c. 270, s. 17; C.L. 1913, s. 450. 
Cross References to Chapter 23-01. 
Health officer, neglect of duty, see s. 23-0510. 
Obstructing health officer, see s. 23-0511. 
Violation of orders of boards of health, see s. 23-0512. PUBLIC HEALTH LAWS 
9 
ORGANIZATION OF COUNTY, VILLAGE, AND TOWNSHIP 
BOARDS OF HEALTH 
23-0301. County Board of Health; How Composed; Term of Of- 
fice; Qualifications. The county board of health shall consist of the 
state’s attorney, the county superintendent of schools, and the super- 
intendent of public health. The superintendent of public health shall 
be learned in medicine, shall hold a license to practice medicine and 
surgery within this state, and shall be appointed by the board of 
county commissioners at its first meeting each year for a term of 
one year and until his successor is appointed and qualified. 
Source: R.C. 1895, s. 245, am’d: S.L. 1899, c. 58, s. 1; R.C. 1899, 
s. 245; R.C. 1905, s. 259, am’d. S.L. 1913, c. 59, s. 1; C.L. 1913, s. 404, 
am’d. S.L. 1915, c. 198, s. 1; 1925 Supp., s. 404. 
23-0302. Officers of County Board of Health. The state’s attor- 
ney shall act as president of the county board of health, the county 
superintendent shall act as vice president thereof, and the county 
superintendent of health shall be secretary of the board. The presi- 
dent shall preside at the meetings of the board and in his absence 
the vice president shall perform the duties of the president. 
Source: R.C. 1895, s. 245, am’d. S.L. 1899, c. 58, s. 1; R.C. 1899, 
s. 245; R.C. 1905, s. 259, am’d. S.L. 1913, c. 59, s. 1; C.L. 1913, s. 404, 
am’d. S.L. 1915, c. 198, s. 1; 1925 Supp., s. 404, R.C. 1895, s. 246; R.C. 
1899, s. 246; R.C. 1905, s. 260; C.L. 1913, s. 405. 
23-0303. Meetings of County Board of Health. The county board 
of health shall meet at the county seat at such time within thirty 
days after the appointment of the county superintendent of health 
as he may designate. He shall give notice of the time and place of 
such meeting to the other members of the board at least five days 
prior to the meeting. Thereafter, the board shall meet at the county 
seat at least once in every three months. 
Source: R.C. 1895, s. 247; R.C. 1899, s. 247; R.C. 1905, s. 261; 
C.L. 1913, s. 406. 
23-0304. Per Diem of President and of Vice President of County 
Board of Health. The president and the vice president of the county 
board of health each shall receive from the county, and may retain, 
three dollars for every day in which he may be actually and neces- 
sarily engaged in the performance of his duties as a member of such 
board. 
Source: R.C. 1895, s. 250; R.C. 1899, s. 250, am’d. S.L. 1903, c. 40, 
s. 1; R.C. 1905, s. 264, am’d. S.L. 1913, c. 59, s. 4; C.L. 1913, s. 409; 
1925 Supp., s. 409, am’d. S.L. 1929, c. 105, s. 1, am’d. S.L. 1935, c. 113, 
s. 1. 
23-0305. Compensation of County Superintendent of Public 
Health. The county superintendent of public health shall receive the 
following compensation: 
1. Not less than two hundred or more than six hundred dollars 
a year for his office work, to be determined annually by the 
board of county commissioners according to the efficiency of 
the superintendent and the amount and character of the work; 
2. Five dollars per day for every day or fraction thereof that 
he may be actually and necessarily engaged in the perform- 
ance of his official duties, not including work confined to 
his office; and 
3. All expenses incurred while actually and necessarily engaged 
in the performance of his official duties. 10 
STATE OF NORTH DAKOTA 
Source: R.C. 1895, s. 250; R.C. 1899, s. 250, am’d. S.L. 1903, c. 40, 
s. 1; R.C. 1905, s. 264, am’d. S.L. 1913, c. 59, s. 4; C.L. 1913, s. 409; 
1925 Supp. s. 409, am’d. S.L. 1929, c. 105, s. 1, am’d. S.L. 1935, c. 113, 
s. 1. 
Cross Reference: Reports made before salary paid, see s. 23-0509. 
23-0306. Mileage of Members of the County Board of Health. 
The members of the county board of health shall receive the follow- 
ing amount for every mile actually and necessarily traveled in the 
performance of their duties: 
1. President, five cents per mile; 
2. Vice president, five cents per mile; 
3. County superintendent of public health and deputies, if any, 
not more than ten cents per mile. 
Source: R.C. 1895, s. 250; R.C. 1899, s. 250, am’d. S.L. 1903, c. 40, 
s. 1; R.C. 1905, s. 264, am’d. S.L. 1913, c. 59, s. 4; C.L. 1913, s. 409; 
1925 Supp. s. 409, am’d. S.L. 1929, c. 105, s. 1, am’d. S.L. 1935, c. 113, 
s. 1. 
23-0307. Powers and Duties of County Superintendent of Public 
Health. The County superintendent of public health shall: 
1. Exercise the powers of the county board of health under the 
supervision of such board, and of the state department of 
health throughout the county outside of the corporate limits 
of cities; 
2. Supervise the village and township boards of health within 
his county; 
3. Furnish, at the expense of the county board of health, to the 
clerk of each village and township and to each physician 
within his jurisdiction, proper blanks for reporting to him 
all contagious and infectious diseases, and he shall instruct 
such persons in the proper method of making the reports. 
4. Execute by agents appointed by him the duties of any village 
or township board of health in his county which neglects or 
x’efuses to perform its duties or to execute the rules, order, or 
regulations of the county board of health; 
5. Make sanitary inspections of such places as he deems advisable 
when he believes there is a probability that a dangerous 
disease exists within his jurisdiction, and take such action as 
he may deem necessary for the protection of the public health; 
6. Send out circulars, if he deems the same necessary, permitting 
the use of the long distance telephone at the expense of the 
county board of health in cases of emergency; 
7. Investigate, subject to the supervisory control of the state 
department of health, public water and ice supplies which 
are suspected of being infected, and cause them to be con- 
demned when he finds it necessary; 
8. Investigate public milk supplies, whenever he deems such 
investigation to be necessary, and prohibit the sale of un- 
wholesome milk and dairy products; 
9. Stop shipment of spoiled or unwholesome meat, the slaughter- 
ing of diseased animals, and the subsequent sale of the meat 
thereof; 
10. Enforce cleanliness in schools, and inspect overcrowded, poor- 
ly ventilated, and insanitary schoolhouses and, when neces- 
sary, report cases of insanitary or unsafe school buildings to PUBLIC HEALTH LAWS 
11 
the county board of health for investigation as provided in 
section 15-4723; 
11. Enforce all laws, rules, and regulations relating to the pres- 
ervation of the life and health of the people of the county; 
12. Keep a record of all the proceedings of the county board of 
health and of his official acts; and 
13. Keep a record of all reportable diseases occurring in his jur- 
isdiction showing the statistical data required by the state 
department of health. 
Source: R.C. 1895, s. 249, am’d. S.L. 1899, c. 58, s. 1; R.C. 1899, 
s. 249, R.C. 1905, s. 263, am’d. S.L. 1913, c. 59, s. 3; C.L. 1913, s. 408; 
1925 Supp. s. 408. R.C. 1895, s. 246; R.C. 1899, s. 246, R.C. 1899, s. 246; 
R.C. 1905, s. 260, C.L. 1913, s. 405. 
23-0308. County Superintendent of Health May Quarantine; Ex- 
penses. The county superintendent of public health shall decide 
when quarantine and disinfection are necessary for the safety of the 
public. He may establish quarantines and perform such acts as are 
required for disinfection when the same is necessary, and may enforce 
his orders and the orders of the county board of health in connection 
therewith. All expenses incurred in quarantining or disinfection out- 
side of incorporated cities shall be audited by the county board of 
health and paid out of the general fund of the county. 
Source:' R.C. 1895, s. 249; R.C. 1899, s. 249; R.C. 1905, s. 263, 
am’d. S.L. 1913, c. 59, s. 3; C.L. 1913, s. 408; 1925 Supp., s. 408. 
23-0309. Report of County Superintendent of Public Health. 
The county superintendent of public health shall make the following 
reports to the state department of health on blanks furnished by the 
department for such purposes: 
1. At the end of each month, a report of the proceedings of the 
county board of health and of his official acts; and 
2. On or before January fifteenth of each year, a report of all 
health activities in his jurisdiction during the calendar year 
just ended. 
Source; R.C. 1895, s. 246; R.C. 1899, s. 246; R.C. 1905, s. 260; 
C.L. 1913 s. 405. R.C. 1895, s. 249, am’d. S.L. 1899, c. 58, s. 1; R.C. 1899, 
s. 249; R.C. 1905, s. 263, am’d. S.L. 1913, c. 59, s. 3; C.L. 1913, s. 408; 
1925 Supp., s. 408. 
Cross Reference: Reports made before salary paid, see s. 23-0509. 
23-0310. Removal of County Superintendent of Public Health. 
Whenever the state department of health has reason to believe that 
the county superintendent of public health is failing to perform his 
duties, it may report the case to the board of county commissioners, 
which, after proper hearing at its next meeting, may declare the 
office vacant and may appoint another physician to such office for 
the remainder of the unexpired term. 
Source: R.C. 1895, s. 245, am’d. S.L. 1899, c. 58, s. 1; R.C. 1899, 
s. 245; R.C. 1905, s. 259, am’d. S.L. 1913, c. 59, s. 1; C.L. 1913, s. 404. 
am’d. S.L. 1915, c. 198, s. 1. 1925 Supp., s. 404. 
23-0311. Township and Village Boards of Health; Who Consti- 
tute. The supervisors of each civil township shall constitute the 
township board of health and the trustees of each village shall con- 
stitute the village board of health. Such boards of health shall be 
under the supervision of the county superintendent of public health 
and the state department of health. 
Source: R.C. 1895, s. 2581; R.C. 1899, s. 2581, am’d. S.L. 1905, 
c. 52, s. 1; R.C. 1905, s. 3116, am’d. S.L. 1913, c. 59, s. 9; C.L. 1913, s. 4175. 12 
STATE OF NORTH DAKOTA 
Cross Reference: Powers to township and village boards of 
health, see c. 5 of this title. 
Township board of supervisors act as board of health, see s. 
58-0601, subs. 14. 
Cross References to Chapter 23-03 
Powers of county board of health, c. 5 of this title 
Village, power to take measures necessary for preservation of 
public health, see s. 40-0501, subs. 45. 
23-0401. Board of Health in Council Cities. The board of health 
in a city operating under the council form of government shall be 
under the supervision of the state department of health and shall 
consist of the following members: 
1. Four aldermen appointed by the mayor at the first meeting 
of the city council in April of each year; 
2. The city engineer; and 
3. The city health officer. 
Source: R.C. 1895, s. 254; R.C. 1899, s. 254; R.C. 1905, s. 266; 
C.L. 1913, s. 411. R.C. 1895, s. 253; R.C. 1899, s. 253; R.C. 1905, s. 265; 
C.L. 1913, s. 410. 
ORGANIZATION OF CITY BOARD OF HEALTH 
23-0402. City Health Officer: Appointment: Term of Office; Re- 
moval. The mayor, at the regular meeting of the city council in 
April of each odd numbered year, shall appoint as city health officer 
a person licensed to practice medicine and surgery within this state. 
Such appointment shall be subject to confirmation by the city coun- 
cil. The health officer shall hold his office for two years and until 
his successor is appointed and qualified. When the state department 
of health is satisfied that the city health officer is neglecting or 
refusing to perform the duties of his office, it may report the case 
to the city council, and at the next meeting thereof, the mayor shall 
declare the office vacant and shall appoint another physician to fill 
the unexpired term. 
Source: R.C. 1895, s. 255: R.C. 1899, s. 255; R.C. 1905, s. 267, am’d. 
S.L. 1913, c. 59, s. 5; C.L. 1913, s. 412. 
23-0403, Officers of City Board of Health. The board of health 
of a city operating under the council form of government shall elect 
from its members a president and a vice president. The city health 
officer shall act as secretary and executive officer of the board. 
Source: R.C. 1895, s. 255; R.C. 1899, s. 255; R.C. 1905, s. 287, am’d. 
S.L. 1913, c. 59, s. 5, subs, a; C.L. 1913, s. 412, subs. a. 
23-0404. Meetings: When Held; Quorum; Duties of Officers. The 
board of health in a council city shall meet on the first Tuesday after 
the regular meeting of the city council in April and on the second 
Tuesday in July, October, and January in each year. Special meetings 
may be held at any time on the call of the president and secretary. 
The hour and place of all meetings shall be determined by the city 
health officer. A majority of the board shall constitute a quorum. 
The president shall preside at the meetings of the board, and in his 
absence, the vice president shall perform the duties of the president. 
Source: R.C. 1895, s. 255; R.C. 1899, s. 255: R.C. 1905. s. 267, am’d. 
S.L. 1913, c. 59, s. 5, subs, a, b, C.L. 1913, s. 412 subs, a, b. 
23-0405. Powers and Duties of the City Health Officer. The 
health officer of a city operating under the council form of govern- 
ment shall: PUBLIC HEALTH LAWS 
13 
1. Keep a record of the proceedings of the city board of health; 
2. Keep a record of his official acts; 
3. Enforce within his jurisdiction the health ordinances of the 
city, the rules and regulations of the state department of 
health and of the city board of health, and the health laws 
of the state; 
4. Instruct the physicians within his jurisdiction in the proper 
methods to employ in reporting contagious diseases, and fur- 
nish the necessary blanks for that purpose. The blanks shall 
be in the form prescribed by the state department of health. 
5. Keep a record of all the dangerous, contagious, and infectious 
diseases occurring within his jurisdiction, showing the name 
and address of the party affected, the name of the disease, by 
whom, the same was reported, and such other statistical data 
as may be required by the state department of health; 
Source: R.C. 1895, s. 255; R.C. 1899, s. 255; R.C. 1905, s. 267, 
am’d. S.L. 1913, c. 59, s. 5, subs, b; C.L. 1913, s. 412, subs. b. 
23-0406. In Commission City, Board of City Commissioners is 
Board of Health. In a city operating under the commission system 
of government, the board of city commissioners shall constitute the 
board of health. The city physician shall be the executive officer of 
such board. 
23-0407. Powers and Duties of City Physicians. The city physi- 
cian, subject to the approval of the city board of health, shall provide 
such additional rules and regulations as may be proper and necessary 
for the preservation of the health of the people of the city, to prevent 
the spread of contagious diseases, and to cause the removal of all 
objects to the detriment of the health of such people, and he shall 
enforce all rules and regulations for the protection of the public 
health. All rules and regulations prepared by him shall be submitted 
to the board of health and if approved by it shall have the force of 
a city ordinance. The city physician from time to time shall make 
such recommendations to the board of health as to him shall appear 
necessary for the preservation of the public health. 
Source: S.L. 1907, c. 45, ss. 50, 51, 52, am’d. S.L. 1911, c. 77, ss. 50, 
51, 52; C.L. 1913, ss. 3820, 3821, 3822. 
23-0408. Duty of Police, Civil Officers, and Other Citizens to 
Aid City Physician. All members of the police force of a city, oper- 
ating under the commission system of government, all magistrates 
and other civil officers thereof, and all citizens, shall aid the city 
physician in the discharge of his duties, and on his demand, the chief 
of police shall serve, or detail one or more policemen to serve the 
notices issued by the city physician and to perform such other duties 
as he may require. 
Source: S.L. 1907, c. 45, s. 57, am’d. S.L. 1911, c. 77, s. 57; C.L. 
1913, s. 3827. 
23-0409. Report of Health Activities by Health Officer and City 
Physician. The city physician in a city operating under the commis- 
sion system of government and the city health officer in a city oper- 
ating under the council form of government shall report to the state 
department of health on or before the fifteenth day of January in 
each year, on blanks furnished by the department for that purpose, 
all health activities in his jurisdiction during the calendar year just 
ended. 
Source: S.L. 1907, c. 45, s, 56, am’d. S.L. 1911, c. 77, s. 56; C.L, 
1913, s. 3826. 14 
STATE OF NORTH DAKOTA 
Cross References to Chapter 23-04 
Health Regulations in cities, see s. 40-0501, subs. 45. 
Neglect of duty of city health officer, see s. 23-0510. 
Obstructing health officer, see s. 23-0511. 
Powers of cities to: 
Inspect food markets, see s. 40-0503. 
Make health and quarantine regulations, see s. 40-0601, 
subs. 2. 
Regulate sale of dairy, meat, and food products, see s. 40-0501, 
subs. 32. 
Regulate sale of milk, see s. 40-0502, subs. 2. 
Violation of orders of boards of health, see s. 23-0512. 
POWERS AND DUTIES OF LOCAL BOARDS OF HEALTH 
23-0501. Powers and Duties of the Local Board of Health. The 
county, city, township, and village boards of health shall be known 
as local boards of health, and each board shall have the following 
powers and duties within its jurisdiction: 
1. To employ such persons as may be necessary to carry into 
effect the regulations established by it and the provisions of 
this title; 
2. To inquire into all nuisances, sources of filth, and causes of 
sickness, and make such regulations regarding the same as 
are necessary for the public health and safety, but the regu- 
lations of the township board of health shall be temporary, 
and such board, immediately upon taking such action, shall 
report the same to the county superintendent of public health, 
who shall give the board specific instructions or take such 
action as he deems necessary for the protection of public 
health; 
3. To adopt such quarantine and sanitary measures as are neces- 
sary when an infectious or contagious disease exists in its 
jurisdiction; 
4. To provide such necessaries of life as in its judgment shall be 
needed for the maintenance, welfare, and comfort of persons 
afflicted with contagious and infectious diseases; 
5. To enter into and examine at any time all buildings, lots, and 
places of any description within its jurisdiction for the pur- 
pose of ascertaining the conditions thereof insofar as public 
health may be affected; and 
6. To make such rules and regulations as are necessary and 
proper for the preservation of public health and safety. 
Source: R.C. 1895, s. 256; R.C. 1899, s. 256; R.C. 1905, s. 268; C.L. 
1913, s. 413, R.C. 1895, s. 257; R.C. 1899, s. 257; R.C. 1905, s. 269; C.L. 
1913, s. 414. R.C. 1895, s. 273, R.C. 1899, s. 273, am’d. S.L. 1903, c. 41, 
s. 1; R.C. 1905, s. 285; C.L. 1913, s. 431, R.C. 1895, s. 270; R.C. 1899, 
s. 270; R.C. 1905, s. 282; C.L. 1913, s. 428. R.C. 1895, s. 2582; R.C. 1899, 
s. 2582; R.C. 1905, s. 3117, am’d. S.L. 1913, c. 59, s. 10; C.L. 1913, s. 
4176. S.L. 1907, c. 45, s. 50, am’d. S.L. 1911, c. 77. s. 50; C.L. 1913, s. 
4176. S.L. 1907, c. 45, s. 50, am’d. S.L. 1911, c. 77, s. 50; C.L. 1913, 
s. 3820, S.L. 1907, c. 45, s. 54, am’d. S.L. 1911, c. 77, s. 54; C.L. 1913, 
s. 3824. 
23-0502. County Board of Health; Additional Powers. The 
county board of health, subject to the supervisory control of the 
state department of health and the state health officer, shall have 
the following additional powers within the county, and outside of 
the corporate limits of any city: PUBLIC HEALTH LAWS 
15 
1. To supervise all matters relating to the preservation of the 
life and health of the people of the county, including the 
supervision of public water supplies and sewerage systems; 
2. To isolate, kill, or remove any animal affected with a conta- 
gious or infectious disease when such animal is a menace to 
the health of human beings; and 
3. To make and enforce orders in local matters when an emer- 
gency exists, or when the local board of health has neglected 
or refused to act with promptness or efficiency, or when the 
local board has not been established. 
Source: R.C. 1895, s. 248; R.C. 1899, s. 248; R.C. 1905, s. 262, am’d. 
S.L. 1913, c. 59, s. 2; C.L. 1913, s. 407. 
Cross Reference: Duty of county board of health as to school 
building and persons of school age, see s. 15-4723. 
23-0503. Publication of Regulations Established by Local Board 
of Health. Notice of general orders and regulations made by a local 
board of health shall be published once in the official newspaper 
published within the jurisdiction of the board, and if no such news- 
paper is published within such jurisdiction then such notice either 
shall be published in the county official newspaper or shall be posted 
in five public places within the jurisdiction of the board. Such publi- 
cation or posting shall constitute legal notice to all persons. 
Source: R.C. 1895, s. 258; R.C. 1899, s. 258; R.C. 1905, s. 270; C.L. 
1913, s. 416. R.C. 1895, s. 2583; R.C. 1899, s. 2583; R.C. 1905, s. 3118; 
C.L. 1913, s. 4177. 
23-0504. Abatement and Removal of Nuisance, Source of Filth, 
and Cause of Sickness; Costs Charged Against Property. When it is 
necessary for the protection of the public health to abate or remove 
any nuisance, source of filth, or cause of sickness found on private 
property, the local board of health shall cause a notice to be served 
on the owner or occupant thereof requiring him to remove the same 
at his own expense within a reasonable time, not to exceed twenty- 
four hours. If the owner or occupant refuses or neglects to comply 
with such notice or if the nuisance, source of filth, or cause of sickness 
exists on the property of nonresident owners or upon property the 
owners of which cannot be found, the board of health shall cause the 
nuisance, source of filth, or cause of sickness to be removed or 
destroyed under its direction, at the expense of the county, city, vil- 
lage, or township, as the case may be, but such expense shall be 
charged against the lots, pieces, or parcels of land upon which the 
work was done. 
Source: R.C. 1895, ss. 259, 260, 2584, 2585; R.C. 1899, ss. 259, 260, 
2584, 2585; R.C. 1905, ss. 271, 272, 3119, 3120; C.L. 1913, ss. 417, 418, 
4178, 4179, S.L. 1907, c. 45 s. 54 am’d. S.L. 1911, c. 77, s. 54; C.L. 1913, 
s. 3824. 
23-0505. Assessment of Costs for Removal of Nuisance Against 
Property: How Made. In a city the cost of the removal or destruc- 
tion of a nuisance, source of filth, or cause or sickness by the local 
board of health shall be assessed against the property by the city 
engineer, or, in a city having no city engineer, by the street com- 
missioner, who shall return the assessment and file it in the office 
of the city auditor. The city auditor shall cause the amount of the 
assessment, together with a notice of the time when and place where 
the governing body will meet to consider the approval thereof, to be 
published in one issue of the official newspaper of the city at least 
ten days prior to the meeting of the governing body at which the 
approval of the assessment will be considered. In a village, town- 16 
STATE OF NORTH DAKOTA 
ship, or county, the governing body shall levy and assess such costs 
against the land properly charged therewith. The city auditor or 
village or township clerk, as the case may be, shall deliver the assess- 
ment roll to the county auditor, who shall extend the assessment in 
the proper column against the property assessed. Each assessment 
shall be collected and paid as other taxes are collected and paid. 
Source: R.C. 1895, ss. 259, 260, 2584, 2585; R.C. 1899, ss. 259, 260, 
2584, 2585; R.C. 1905, ss. 271, 272, 3119, 3120; C.L. 1913 ss. 417, 418, 4178, 
4179. S.L. 1907, c. 45, s. 54, am’d. S.L. 1911, c. 77, s. 54; C.L. 1913, 
s. 3824. 
23-0506. Removal of Nuisance: Complaint to Justice; When War- 
rant Issued. Whenever a local board of health deems it necessary 
for the preservation of the public health to enter any building within 
its jurisdiction to examine, destroy, remove, or prevent any nuisance, 
source of filth, or cause of sickness and is refused entrance into such 
building, any member of the board may make complaint under oath 
to a justice of the peace within the jurisdiction of the board, stating 
the facts in the case so far as he has knowledge thereof. The justice 
thereupon shall issue a warrant directed to the sheriff or other peace 
officer commanding him to destroy, remove, or prevent, between the 
hours of sunrise and sunset, the nuisance, source of filth, or cause of 
sickness, under the direction of such members of the local board of 
health as accompany him. 
Source: R.C. 1895, ss. 261, 262; R.C. 1899, ss. 261, 262; R.C. 1905, 
ss. 273, 274; C.L. 1913, ss. 419, 420. R.C. 1895, ss. 2586, 2587; R.C. 1899, 
ss. 2586, 2587; R.C. 1905, ss. 3121, 3122; C.L. 1913, ss. 4180, 4181. 
23-0507. Expenses of Local Boards of Health: How Audited and 
Paid. Expenses incurred by a local board of health in carrying into 
effect the provisions of this title and in providing for the care and 
maintenance of persons afflicted with contagious and infectious dis- 
ease shall be audited and allowed by the board incurring the same 
and certified for payment in the manner following: 
1. In the case of a township or village board of health, such ex- 
penses shall be certified to the township or village clerk and 
by him paid out of the general fund of the township or village, 
as the case may be; and 
2. In the case of a county or city board of health or of a health 
commissioner, such expenses shall be certified to the govern- 
ing body of the county or city for payment out of the general 
fund of the county or city, as the case may be, in the same 
manner as other expenses against the same are paid. 
Source: R.C. 1895, s. 273; R.C. 1899, s. 273, am’d. S.L. 1903, c. 41, 
s. 1; R.C. 1905, s. 285: C.L. 1913, s. 431. R.C. 1895, s. 248; R.C. 1899, 
s. 248; R.C. 1905, s. 262, am’d. S.L. 1913, c. 59, s. 2; C.L. 1913, s. 407. 
23-0508. Expenses of Local Boards of Health Chargeable Against 
Patient: Payment by County for Indigents. All expenses incurred 
by local boards of health for the care, medical attendance, or support 
of any person afflicted with a communicable disease shall be a charge 
upon such person and upon the person legally chargeable with his 
support, and may be collected by suit in the name of the township, 
village, city, or County which incurred such expense. If, after due 
investigation, the township, village, or city board of health is satis- 
fied that such sick person, or the person legally chargeable with the 
support of such person, is too poor to pay the expenses incurred in 
his behalf, the local board of health shall make an endorsement to 
such effect on the bill of expenses incurred in the case, and the clerk 
of the township or village, or the city auditor of the city, shall send 
a certified statement of the bill of expenses with the endorsement PUBLIC HEALTH LAWS 
17 
of the local board of health to the county auditor. The statement 
shall contain the date upon which the claim was allowed, to whom 
it was allowed, for what purpose it was allowed, and the amount 
allowed, and an itemized statement of the expenses incurred. Upon 
receipt of the statement, the county auditor shall refer the same to 
the county board of health, and if approved by the county board of 
health, the county auditor shall issue his warrant upon the county 
treasurer, payable out of the general fund of the county, for the 
amount allowed by such township, village, or city. The warrant shall 
be made payable to the treasurer of the township, village, or city, 
as the case may be. 
Source: R.C. 1895, s. 273; R.C. 1899, s. 273, am’d. S.L. 1903, c. 41, 
s. 1; R.C. 1905, s. 286; C.L. 1913, s. 432. R.C. 1895, s. 2588; R.C. 1899, 
s. 2588; R.C. 1905, s. 3123; C.L. 1913, s. 4182. 
23-0509. County and City Health Officers to Make Reports Be- 
fore Salary Paid. No city health officer or county superintendent of 
public health shall be paid his salary for the last month in any year 
until the county auditor has received certificate from the state de- 
partment of health certifying that all required reports from such 
officer have been received and approved by the department. 
Source: S.L. 1929, c. 176, s. 1. 
23-0510. Health Officer: Neglect of Duty: Penalty. Any state, 
county, township, city, or village health officer, or any member of 
any local board of health, who neglects or refuses to perform any of 
the duties of his office is guilty of a misdemeanor and shall be 
punished by a fine of not less than ten dollars nor more than fifty 
dollars, or by imprisonment in the county jail for not more than thirty 
days, or by both such fine and imprisonment. 
Source: R.C. 1895, s. 274; R.C. 1899, s. 274; R.C. 1905, s. 287; 
C.L. 1913, s. 433. 
23-0511. Obstructing Health Officer; Penalty. Every person 
who willfully opposes or obstructs the performance of his legal duty 
by any health officer or physician charged with the enforcement 
of the health laws is guilty of a misdemeanor. 
Source: R.C. 1895, s. 7297; R.C. 1899, s. 7297; R.C. 1905, s. 9037; 
C.L. 1913, s. 9753. 
23-0512. Violation of Orders of Boards of Health; Obstructing 
Inspection: Penalty. Every person who willfully violates, or refuses 
or omits to comply with, any lawful order, direction, prohibition, or 
regulation prescribed by any board of health or health officer, or any 
regulation lawfully made or established by any public officer under 
authority of the health laws, or who obstructs any inspection by such 
board or officer at reasonable hours, is guilty of a misdemeanor and 
shall be punished by imprisonment in the county jail for not more 
than thirty days, or by a fine of not more than one thousand dollars, 
or by both such fine and imprisonment. 
Source: R.C. 1895, s. 257; R.C. 1899, s. 257; R.C. 1905, s. 269; C.L. 
1913, s. 414; R.C. 1895, s. 7298; R.C. 1899, s. 7298; R.C. 1905, s. 9038; 
C.L. 1913, s. 9754; R.C. 1895, s. 274; R.C. 1899, s. 274; R.C. 1905, s. 287; 
C.L. 1913, s. 433. R.C. 1895, s. 2582; R.C. 1899, s. 2582; R.C. 1905, s. 3117, 
am’d. S.L. 1913, c. 59, s. 10; C.L. 1913, s. 4176. S.L. 1907, c. 45, s. 54, 
am’d. S.L. 1911, c. 77, s. 54; C.L. 1913, s. 3824. 
Cross Reference to Chapter 23-05 
Health officers to enforce law prohibiting false advertising, see 
s. 51-1203. 18 
STATE OF NORTH DAKOTA 
REPORTABLE DISEASES 
23-0701. Powers of State Department of Health, The state de- 
partment of Health shall designate the diseases which shall be re- 
ported as prescribed in this chapter, and it may classify such diseases 
as contagious or infectious, venereal, and dangerous. 
Source: S.L. 1919, c. 237, s. 1; 1925 Supp., s. 2971M. 
Cross Reference: Information to local registrars as to what dis- 
eases are reportable, see s. 23-0204, subs. 5. 
23-0702. Who to Report Reportable Diseases. The following 
persons shall report to the nearest health officer having jurisdiction 
any reportable disease coming to his knowledge: 
1. All physicians; 
2. All persons who treat or administer to the sick by whatever 
method; 
3. Householders; 
4. Keepers of hotels, boarding houses, or lodginghouses; 
5. Nurses; 
6. School teachers; and 
7. All other persons treating, nursing, lodging, caring for, or 
having knowledge of the existence of any reportable disease. 
If the person reporting is the attending physician, he shall report not 
less than twice a week, in the form and manner directed by the state 
department of health, the condition of the person afflicted and the 
state of the disease. 
Source: R.C. 1895, s. 263; R.C. 1899, s. 263; R.C. 1905, s. 275, am’d. 
S.L. 1913, c. 59, s. 6; C.L. 1913, s. 421; S.L. 1907, c. 45, s. 55, am’d. S.L. 
1911, c. 77, s. 55; C.L. 1913, s. 3825. S.L. 1919, c. 237, s. 2; 1925 Supp., 
s. 2971b2. R.C. 1895, s. 265; R.C. 1899, s. 265; R.C. 1905, s. 277; C.L. 
1913, s. 423. 
Cross Reference: Guest of tourist camp to report sickness, see 
23-1008. 
23*0703. Report of Cases of Venereal Disease. The superinten- 
dent or manager of a hospital, dispensary, or charitable or penal 
institution, in which there is a case of venereal disease, shall report 
such case to the nearest health officer having jurisdiction. The report 
shall be made in the form and manner directed by the state depart- 
ment of health. 
Source: S.L. 1919, c. 237, s. 2; 1925 Supp., s. 2971b2. 
23-0704. Report of Reportable Disease by Township and Village 
Boards of Health. Each township and village board of health shall 
report to the county superintendent of public health all cases of 
reportable diseases occurring within its jurisdiction. Such reports 
shall be made on blanks furnished by the county superintendent of 
public health at the expense of the county board of health. 
Source: R.C. 1895, s. 249, am’d. S.L. 1899, c. 58, s. 1; R.C. 1899, 
s. 249; R.C. 1905, s. 263, am’d. S.L. 1913, c. 59, s. 3; C.L. 1913, s. 408. 
23-0705. Local Health Officers to Report Reportable Disease to 
State Department of Health. At such time as may be required by 
the state department of health, each local health officer shall submit 
to such department on blanks furnished by the department for that 
purpose, a summarized report of the reportable diseases reported to 
him during the week. When no cases have been reported during the 
week, the report shall be made with the notation “No cases reported.” 
Source: R.C. 1895, s. 249, am’d. S.L. 1899, c. 58, s. 1; R.C. 1899, 
s. 249; R.C. 1905, s. 263, am’d. S.L. 1913, c. 59, s. 3; C.L. 1913, s. 408. PUBLIC HEALTH LAWS 
19 
R. 1895, s. 255; R.C. 1899, s. 255; R.C. 1905, s. 267, am’d. S.L. 1913, 
c. 59, s. 5, subs, b; C.L. 1913, s. 412, subs. b. S.L. 1907, c. 45, s. 56, am’d. 
S. 1911, c. 77, s. 56; C.L. 1913, s. 3826. 
23-0706. Contagious or Infectious Diseases: Power of Local Board 
of Health to Quarantine. Whenever it shall come to the knowledge 
of a local board of health that a case of a contagious or infectious 
disease exists within its jurisdiction, the board immediately shall 
examine the facts of the case and adopt such quarantine and sanitary 
measures as in its judgment tend to prevent the spread of such 
disease. The board immediately may cause any person infected with 
such disease to be removed to a separate house if, in the opinion of 
the health officer or county superintendent of public health, such 
person can be removed without danger to his health. If the infected 
person cannot be removed without danger to his health, the local 
board shall make such quarantine regulations as it deems proper 
with reference to the house within which such infected person is, 
and may cause the persons in the neighborhood to be removed, and 
may take such other measures as it deems necessary for the safety of 
the inhabitants within its jurisdiction. 
Source: R.C. 1895, s. 270; R.C. 1899, s. 270; R.C. 1905, s. 282; 
C.L. 1913, s. 428. R.C. 1895, ss. 2588, 2589; R.C. 1899, ss. 2588, 2589; 
R.C. 1905, ss. 3123, 3124, C.L. 1913, ss. 4182, 4183. S.L. 1919, c. 237, s. 3; 
1925 Supp., s. 2971b3. 
23-0707. Venereal Diseases: Additional Powers and Duties of 
Health Officers. The state health officer, and each county and city 
health officer within his jurisdiction, when necessary for the pro- 
tection of public health, shall: 
1. Make examination of any person reasonably suspected of being 
infected with venereal disease and detain such person until 
the results of the examination are known; 
2. Require any person infected with venereal disease to report 
for treatment to a reputable physician and to continue such 
treatment until he is cured or to submit to treatment pro- 
vided at public expense until he is cured; 
3. Investigate sources of infection of venereal disease; and 
4. Cooperate with the proper officials whose duty it is to enforce 
laws directed against prostitution, and otherwise to use every 
proper means for the repression of prostitution. 
Source: S.L. 1919, c. 237, s. 3; 1925 Supp., s. 2971b3. 
23-0708. Persons in Prison Examined and Treated for Venereal 
Diseases. Every person convicted of a crime who is imprisoned in a 
state, county, or city prison shall be examined for venereal disease 
and if infected, shall be treated therefor by the health officer within 
whose jurisdiction such person is imprisoned. 
Source: S.L. 1919, c. 237, s. 4; 1925 Supp., s. 2971b4. 20 
STATE OF NORTH DAKOTA 
23-0709. Venereal Diseases: Persons Isolated in Prison; Excep- 
tions. The prison authorities of any state, county, or city prison 
shall make available to the health officers such portion of the prison 
as may be necessary for a clinic or hospital wherein the following 
persons may be isolated and treated at public expense until cured: 
1. Persons who are imprisoned in such prison and who are in- 
fected with venereal disease; 
2. Persons who are suffering with venereal disease at the time 
of the expiration of their term of imprisonment; and 
3. Persons isolated or quarantined by the state health officer 
when no other suitable place for isolation or quarantine is 
available. 
In lieu of such isolation, any of such perspns, in the discretion of 
the health officer, may be required to report for treatment to a li- 
censed physician or to submit to treatment provided at public expense 
until cured. Nothing contained in this section shall be construed to 
interfere with the service of any sentence imposed by a court as 
punishment for the commission of crime. 
Source: S.L. 1919, c. 237, s. 4; 1925 Supp., s. 2971b4. 
INFANT BLINDNESS 
23-0710. Preventing Infant Blindness; Duty of Physician or Mid- 
wife. All physicians, midwives, or other persons in professional at- 
tendance upon a birth always shall examine the eyes of the infant 
carefully. If there is the least reason to suspect the presence of a 
disease of the eyes such person shall apply such prophylactic treat- 
ment as may be recognized as efficient in medical science. 
Source: S.L. 1911, c. 188, s. 2; C.L. 1913, s. 3169. 
23-0711. Duty of Parent to Report to Health Officer. If one or 
both eyes of an infant shall become inflamed, swollen, or reddened, 
or shall show any unnatural discharge or secretion at any time 
within two weeks after birth, and if no legally qualified physician 
is in attendance upon the infant at that time, the parents of the 
child, or in their absence, whoever is caring for said infant, shall re- 
port the fact in writing, within six hours after discovery, to the 
health officer having jurisdiction. Such report need not be made 
from a recognized hospital. 
Source: S.L. 1911, c. 188, s. 3; C.L. 1913, s. 3170. 
23-0712. Health Officer to Place Reported Infant in Charge of 
Physician. Upon receipt of a report as provided for in section 23-0711, 
the health officer shall direct the parents or whoever has charge of 
the infant suffering from inflamation, swelling, redness, or unnatural 
secretion or discharge of the eyes, to place it immediately in charge 
of a legally qualified physician. 
Source: S.L. 1911, c. 188, s. 4; C.L. 1913, s. 3171. PUBLIC HEALTH LAWS 
21 
23-0713. Contagious or Infectious Diseases: Local Board May 
Establish Temporary Hospital. Each local board of health may pro- 
vide such temporary hospital or place of reception for persons afflict- 
ed with any contagious or infectious disease as it judges best for 
their accommodation and safety of the inhabitants. It may provide a 
means of transportation to such hospital for persons suffering from 
any such disease. All such hospitals, and all private houses or other 
places in which exists any contagious or infectious disease, during 
the existence of such disease, shall be under the control and subject 
to the regulations of the local board of health. All the inmates of 
any such house or other place, during the existence of such disease 
therein, must conform to the regulations and obey the instructions 
of the local board with reference thereto. 
Source: R.C. 1895, ss. 271, 272; R.C. 1899, ss. 271, 272; R.C. 1905, 
ss. 283, 284, C.L. 1913, ss. 429, 430. R.C. 1895, s. 2590; R.C. 1899, s. 2590; 
R.C. 1905, s. 3125; C.L. 1913, s. 4184. 
23-0714. Contagious or Infectious Diseases: Local Board May 
Destroy or Disinfect Infected Clothing. Any local board of health 
may cause to be destroyed any bed, bedding, clothing, carpets, or 
other articles which have been exposed to infection from a contagious 
or infectious disease and may allow reasonable compensation for the 
same. The board also may provide a proper place with all necessary 
apparatus and attendants for the disinfection of such articles and 
may cause all such articles to be conveyed to such place to be disin- 
fected. 
Source: R.C. 1895, s. 272; R.C. 1899, s. 272; R.C. 1905, s. 284; 
C.L. 1913, s. 430. 
23-0715. Removal of Person Afflicted With Contagious or Infec- 
tious Disease: Removal of Person Who Died of Such Disease: Pro- 
hibited. No person, unless he has a permit from the local board of 
health or state department of health, shall remove or cause to be 
removed from without this state into this state, or from one building 
to another within this state, or from or to any railroad car or motor 
vehicle, any person afflicted with a contagious or infectious disease, 
or the body of any person who died of any such disease. 
Source: R.C. 1895, s. 266; R.C. 1899, s. 266; R.C. 1905, s. 278; 
C.L. 1913, s. 424. 
Cross Reference: Board of embalmers to adopt rules for disinfec- 
tion of deceased person to prevent spread of contagious diseases, 
see s. 43-1006. 
23-0716. Child Having Contagious or Infectious Disease Pro- 
hibited From Attending School. No principal, superintendent, or 
teacher of any school, and no parent or guardian of any minor child, 
shall permit any child having any contagious or infectious disease, 
or any child residing in any house in which any such disease exists 
or has recently existed, to attend any public or private school until 
permitted to do so under the regulations of the local board of health. 22 
STATE OF NORTH DAKOTA 
Source: R.C. 1895, s. 268; R.C. 1899, s. 268; R.C. 1905, s. 280; 
C.L. 1913, s. 426. 
23-0717. Vaccination or Inoculation Not Required for Admission 
to Any School or for the Exercise of a Right. No form of vaccina- 
tion or inoculation shall be made a condition precedent for the admis- 
sion of a person to any public or private school or college in this 
state, or for the exercise of any right, the performance of any duty, or 
the enjoyment of any privilege. 
Source: S.L. 1919, c. 236, s. 1; 1925 Supp., s. 425al. 
23-0718. Physician to Report Death From Contagious or Infec- 
tious Disease to Local Board of Health. Each practicing physician in 
this state shall report to the local board of health within the jurisdic- 
tion of which the death occurred, in writing, the death of any of his 
patients who shall have died of any contagious or infectious disease. 
The report shall be made within twenty-four hours after such death 
and shall state the specific name and character of the disease. 
Source: R.C. 1895, s. 264; R.C. 1899, s. 264; R.C. 1905, s. 276; 
C.L. 1913, s. 422. 
23-0719. Appropriation Made on Report Showing Action Neces- 
sary to Prevent Spread of Disease. If any society or association or- 
ganized and existing for the purpose of controlling the spread of 
tuberculosis in this state considers it necessary to secure the services 
of a visiting nurse or nurses, or to disinfect any building, room, resi- 
dence, hotel, or other place infected with tuberculosis, the society 
shall report such fact to the president of the county board of health 
and to the board of county commissioners. The report shall recom- 
mend the course of action advisable to be adopted by the board of 
county commissioners in relation thereto and in accordance with the 
provisions of this chapter, and such board, at its next meeting, shall 
consider such report and recommendation and act on the same. The 
board may audit and allow bills for services rendered in carrying 
into effect any action taken by it under the provision of this section. 
Source: S.L. 1913, c. 124, s. 1; C.L. 1913, s. 2266. 
23-0720. Board of County Commissioners May Appropriate 
Money to Prevent the Spread of Tuberculosis. The board of county 
commissioners of any county in this state may appropriate county 
money and levy taxes within the county levy limitations for the 
purpose of paying for the services of visiting nurses or other neces- 
sary medical attention or advice in preventing the spread of tuber- 
culosis in the county, or for the pui’pose of disinfecting any building, 
room, residence, hotel, or other place in such county infected with 
tuberculosis, and may cooperate with neighboring counties to estab- 
lish homes or hospitals for incurable tuberculosis patients. 
Source: S.L. 1913, c. 124, ss. 2, 3; C.L. 1913, ss. 2267, 2268. PUBLIC HEALTH LAWS 
23 
23-0721. Penalties. Each of the following persons shall be guilty 
of a misdemeanor: 
1. Any person afflicted with a contagious or infectious disease 
who exposes himself in any public place or thoroughfare; 
2. Any person who exposes, in a public place or thoroughfare, 
any person afflicted with a contagious or infectious disease; 
3. Any person who violates or fails to obey any of the provi- 
sions of this chapter, any lawful rule or regulation made by 
the state department of health, or any order issued by any 
state; county, or municipal health officer; 
4. Any person who willfully violates any quarantine law or 
regulation, or who leaves a quarantined area without being 
discharged; or 
5. Any person infected with a venereal disease who exposes 
another person to infection. 
The provisions of subsections 1 and 2 shall not apply when it is 
necessary to remove a person afflicted with a contagious or infectious 
disease and the removal is made in a manner not dangerous to the 
public health. 
Source: R.C. 1895, ss. 7326, 7396; R.C. 1899, ss. 7326, 7296; R.C. 
1905, ss. 9067, 9036; C.L. 1913, ss. 9786, 9752. S.L. 1919, c. 237, ss. 1, 6; 
1925 Supp., ss. 2971bl, 2971b6. 
Cross References to Chapter 23-07 
City health officer to keep records of cases of reportable diseases, 
see s. 23-0705. 
Failure to conform to rules and orders of the local board of 
health, penalty, see s. 23-0512. 
Health Officer, neglect of duty, see s. 23-0510. 
Hotel to fumigate when guest has infectious or contagious dis- 
ease, see s. 23-0909, subs. 9. 
Power of city to quarantine, see s. 40-0601, subs. 2. 
HEALTH DISTRICTS 
23-1401. Formation of Health Districts. When in the opinion of 
the state health officer, on information obtained in cooperation with 
local officers and boards, the health needs of any given area may 
be better served by the formation of a health district as hereinafter 
provided, the state health officer shall so notify the county auditor 
of each county involved and the city auditor of each city having a 
population in excess of fifteen thousand persons. Each county auditor 
and city auditor must place the matter before the governing board 
of the county or city at its next regular meeting, and the governing 
board by resolution either must adopt or reject the plan 
at the same or the first subsequent meeting. If resolutions are 
adopted by the governing boards of the cities and counties as herein- 
before provided, adopting the health district plan, all laws and parts 
of laws in conflict therewith automatically shall become inoperative 
throughout the territory embraced within the district, and particu- 24 
STATE OF NORTH DAKOTA 
larly the laws relative to city, village, township, and county boards 
of health. If the board of county commissioners of any county or 
the city council or city commission of any city rejects the plan, it 
may submit the question of adoption of the provisions of this chapter 
to the electors of the county or city at the next ensuing general or 
special election to be held in said county or city. In all elections held 
under the provisions of this chapter the vote cast in cities having 
a population in excess of fifteen thousand inhabitants shall be con- 
sidered separate and apart from the vote cast elsewhere in the 
county, and the participation in the health district by any city shall 
be governed by the votes cast in the city as distinguished from the 
vote cast elsewhere in the county. If a majority of the electors vote 
in favor of the adoption of the provisions of this chapter, the board 
of county commissioners, within ten days after the canvass of said 
election, shall adopt such resolution, and, upon the adoption of such 
resolution such county or counties, together with the cities voting 
in favor of the plan, shall be considered a district health unit or 
health district. On a petition filed with the county auditor contain- 
ing names of electors of the county equal to ten per cent of the 
votes cast for the office of governor at the last general election, and 
election on the question of forming a health district shall be held 
as heretofore provided. The health districts shall follow county lines, 
and in case the district as outlined by the state health officer includes 
more than one county, and the plan is adopted in any of said counties 
or cities, and rejected in any one or more of the other counties or 
cities, it shall become effective in the county or counties and city or 
cities adopting the plan, if in the exercise of his discretion the state 
health officer deems the same operative. 
Source: S.L. 1943, c. 220, s. 1. 
23-1402. No Compulsory Vaccination. District or state health 
officers shall not resort, nor be allowed to resort, to compulsory 
vaccination or inoculation. 
Source: S.L. 1943, c. 220, s. 1. 
23-1403. Organized by What Officers. Upon the adoption of 
the plan by a single county, or by two or more contiguous counties, 
as provided in section 23-1401, the board of health as hereinafter 
provided, and in all cases where two or more counties constitute 
one health district, the term board of county commissioners shall be 
taken to mean the boards of county commissioners of the several 
counties concerned acting together in joint session unless the context 
requires a different meaning. The original meeting for the appoint- 
ment of the district board of health, as well as all other meetings 
held for the purpose of filling vacancies on said board, shall be held 
at the county seat of the county having the largest population, upon 
notice given to the boards of county commissioners by the state 
health officer. 
Source: S.L. 1943, c. 220, s. 2. PUBLIC HEALTH LAWS 
25 
23-1404. District Board of Health. A district health unit shall 
be organized by the appointment of a district board of health to con- 
sist of five members, one of whom shall be a physician, one a dentist, 
one a business or professional man, one a farmer, and one a woman, 
who shall be appointed for terms as follows: one for one year, one 
for two years, one for three years, one for four years, and one for 
five years. All subsequent appointments shall be for a term of five 
years. Each appointee shall serve without compensation and until 
his successor is appointed and qualified, and if a vacancy occurs, 
the vacancy shall be filled by appointing for the remainder of the 
unexpired term. Each appointee shall qualify by filing the constitu- 
tional oath of office, and in case of a district health unit, such oath 
shall be filed in the office of the county auditor of the county having 
the larger population according to the most recent state or federal 
census. The members of the district board of health shall receive 
their actual expenses incurred in attending such meetings. 
Source: S.L. 1943, c. 220, s. 3. 
23-1405. District Health Officer. The district board of health 
shall appoint for a term of five years a full time district health 
officer, subject to removal for cause by the district board of health. 
He shall be a physician and surgeon regularly licensed to practice 
medicine and surgery in the state of North Dakota, and shall have 
the qualifications prescribed by the conference of the state and ter- 
ritorial health officers of the United States, or shall have the recom- 
mendation of the state health officer, and he need not be, when 
appointed, a resident of the county or district. He shall qualify by 
filing the constitutional oath of office in the manner provided for 
the members of the district board of health. The district health offi- 
cer shall devote his full time to the duties of his office, and shall 
maintain an office within the jurisdiction of the district health unit, 
at the place to be designated by the district board of health, such 
office, with necessary equipment, to be furnished by the district 
board of health. 
Source: S.L. 1943, c. 220, s. 4. 
23-1406. Powers of the District Boards of Health. Each district 
board of health shall have and shall exercise all the powers and 
duties which now or hereafter may be given to a local board of 
health by the laws of the state insofar as the same are not inconsistent 
with this chapter. 
Source: S.L. 1943, c. 220, s. 5. 
23-1407. Duties of Health Officer. The district health officer 
shall perform all the duties and shall be guided by the limitations 
prescribed by law relative to county, city, village, and township 
health officers, and he shall make such reports to the state depart- 
ment of health as may be required by it. 
Source: S.L. 1943, c. 220, s. 6. 26 
STATE OF NORTH DAKOTA 
23-1408. Assistants to Health Officer. The district board of 
health shall provide for such technical and clerical assistants to the 
district full time health officer as it may deem necessary. The 
district full time health officer shall have the right to select and 
discharge such assistants. 
Source: S.L. 1943, c. 220, s. 7. 
23-1409. Meetings of Board of Health. The district board of 
health shall meet at least quarterly at the courthouse in the county 
seat of the county, and if two or more counties constitute the local 
health district the first meeting shall be held at the courthouse in 
the county seat of the larger county as determined by the most 
recent state and federal census. Subsequent quarterly meetings and 
special meetings shall be held at a place to be determined by the 
board, with the thought of rotating the meeting place among the 
various counties of the district. At the first meeting after their 
appointment, and annually thereafter, the members of the board 
shall organize by electing a president and such other officers as 
they deem necessary. Upon his appointment and qualification, the 
district health officer shall be, ex officio, the secretary of the board 
and shall keep such records and make such reports as may be re- 
quired by the board and by the state department of health. 
Source: S.L. 1943, c. 220, s. 8. 
23-1410. Salary and Compensation. The salary of the district 
health officer shall be fixed by the district board of health. Such 
compensation shall not be reduced during the term for which he is 
appointed. The district board of health shall determine the compensa- 
tion of such technical and clerical help as may be allowed by the 
district board of health to the district full time health officer, and 
the district board of health shall also determine the amount of 
mileage to be paid for the necessary travel of the district full time 
health officer and his assistants, not to exceed five cents a mile. 
Source: S.L. 1943, c. 220, s. 9. 
23-1411. Health Fund: How Provided. All salaries, mileage, 
compensation, and expenses provided for herein shall be paid as the 
salaries, mileage, compensation, and expenses of other county offi- 
cers now are paid, out of a health district fund as follows: 
1. The district board of health, as provided in this chapter, shall 
prepare a budget for the next fiscal year at the time at which 
and in the manner in which a county budget is adopted. The 
amount budgeted then shall be prorated, in health districts 
composed of more than one county, among the various coun- 
ties in the health district according to the assessed valuation 
of the respective counties comprising the said health district, 
and shall be certified by the district health board to the re- 
spective county auditors of such counties within ten days 
thereafter, and shall be included in the levies of such coun- PUBLIC HEALTH LAWS 
27 
ties. The amount called for in the budget shall not exceed 
the amount which can be raised by a levy of one-half mill 
on the assessed valuation. Such levy shall not be subject to 
the eleven mill limitation for general and special county pur- 
poses, and the amount derived therefrom shall be placed in 
a special health fund. When a health district is composed of 
more than one county, the health fund shall be created as 
hereinbefore provided and shall be deposited with and dis- 
bursed by the treasurer of the county wherein the district 
health officer maintains his office, and all other counties com- 
prising in the health district shall remit and make settlements 
with such treasurer quarterly; 
2. All claims against the district health fund shall be audited 
by the district board of health at its quarterly meetings, and 
shall be paid from the district health fund upon warrant issued 
by the county auditor. All expenses actually and necessarily 
incurred by the district board of health in carrying out the 
provisions of this chapter shall be audited and approved by 
the president and secretary of the board and certified to the 
board of county commissioners of the county in which such 
fund is retained, and shall be paid as other county expenses 
are paid. 
Source: S.L. 1943, c. 220, s. 10. 
23-1412. Contributions May Be Accepted and Received. Any 
local health unit or district may accept and receive any and all con- 
tributions offered to aid in the work of the unit or district and 
the same shall become a part of its health fund. 
Source: S.L. 1943, c 220, s. 11. 
23-1413. Dissolution. After a district health unit organized as 
provided in this chapter has been in operation for two years, the 
same may be dissolved in the following manner: On petition filed 
with the county auditor containing names of electors of the county 
equal to ten percent of the votes cast for governor at the last gen- 
eral election, an election on the question of dissolution shall be pre- 
sented to the people at the next general or special election held 
in the county. If a majority of the votes cast favor dissolution, the 
health unit shall be dissolved on July first following the election. 
If a majority of the votes cast are against dissolution, no other elec- 
tion shall be held until a period of two years has again expired. 
Source: S.L. 1943, c. 220, s. 12. 
REGISTRATION OF BIRTHS AND DEATHS 
23-0201. Division of Vital Statistics: Division of State Health 
Department; Registrar. The division of vital statistics of the state 
department of health shall be under the supervision of the state 
health officer who shall be ex officio state registrar of vital statistics. 28 
STATE OF NORTH DAKOTA 
The division shall have charge of the registration of all births and 
deaths in this state and of the preservation of such records. 
Source: S.L. 1907, c. 270, s. 1; C.L. 1913, s. 434. 
23-0202. Deputy Registrar of Vital Statistics. The director of 
the division of vital statistics shall be deputy state registrar of vital 
statistics and shall have active charge of the division. The director of 
the division shall possess the powers and perform the duties of the 
state registrar during his absence or inability to act or during the 
time when there is a vacancy in the office. 
Source: S.L. 1907, c. 270, s. 2; C.L. 1913, s. 435. 
23-0203. State Registrar of Vital Statistics May Make Necessary 
Rules. The state registrar of vital statistics may make, promulgate, 
and enforce such rules and regulations as he may consider necessary 
to carry out the provisions of this chapter. 
Source: S.L. 1907, c. 270, s. 2; C.L. 1913, s. 435. 
23-0204. Duties of State Registrar of Vital Statistics. The state 
registrar of vital statistics shall perform the following duties: 
1. Prepare, print, and supply to all local registrars the blanks 
and forms used in registering, recording, and preserving the 
certificates and returns required by this chapter. No blanks 
other than those supplied by the registrar shall be used; 
2. Prepare and issue such detailed instructions as may be re- 
quired to secure a uniform observance of the provisions of 
this chapter and the maintenance of a perfect system of regis- 
tration of births and deaths; 
3. Carefully examine the certificates received monthly from the 
local registrars and, if any certificate is incomplete or unsat- 
isfactory, require such further information to be furnished as 
may be necessary to make the record complete and satis- 
factory; 
4. Arrange, bind, and permanently preserve in a systematic 
manner the certificates required under the provisions of this 
chapter, and prepare and maintain a comprehensive and con- 
tinuous card index of all births and deaths registered. Each 
card shall show the name of the person registered, the place 
and date of birth, the place and date of death if the registrant 
is not living, the number of the certificate, and the volume 
in which it is contained; and 
5. Inform all registrars what diseases are to be considered infec- 
tious, contagious, communicable, or dangerous to the public 
health, as decided by the state department of health, in order 
that when deaths occur from such diseases proper precautions 
may be taken to prevent the spreading thereof. 
Source: S.L. 1907, c. 270, s. 18; C.L. 1913, s. 451. 
23-0205. Fees of State Registrar, The state registrar shall col- 
lect the following fees: PUBLIC HEALTH LAWS 
29 
1. For a certified copy of a birth or death certificate, fifty cents; 
2. For a registrar’s certificate of record of birth, fifty cents; and 
3. For any search of the files and records when no certified copy 
or registrar’s certificate is made, fifty cents for each hour or 
fractional hour of time spent in search. 
Such fees shall be paid by the applicant to the state registrar, who 
shall keep a correct account thereof and turn the same over to the 
state treasurer. 
Source: S.L. 1941, c. 297, s. 8. S.L. 1907, c. 270, s. 21; C.L. 1913, 
s. 454. 
Cross Reference: Registrar’s certificate of record of birth, when 
issued, see s. 23-0224. 
23-0206. Registration Districts, Each county of the state shall 
constitute a primary registration district for the registration of births, 
deaths, and other vital statistics. 
Source: S.L. 1907, c. 270, s. 3; C.L. 1913, s. 436, am’d. S.L. 1943, 
c. 273, s. 1. 
23-0207. Local Registrars and Subregistrars; Appointment; Dep- 
uties. The clerk of the district court of each county shall be the local 
registrar in and for the county, and he shall perform all the duties 
of local registrar as hereinafter provided, and he immediately shall 
appoint in writing, a deputy, who shall be authorized to act in his 
stead in case of absence, illness, or disability. The local registrar, 
with the approval of the state registrar, may appoint one or more 
suitable and proper persons to act as subregistrars. 
Source: S.L. 1907, c. 270, s. 4; C.L. 1913, s. 437, am’d. S.L. 1943, 
c. 273, s. 2, subs. 
23-0208, Births and Deaths To Be Registered. All births and 
deaths that occur in the state shall be registered' immediately in the 
registration district in which they occur. 
Source: S.L. 1907, c. 270, s. 5; C.L. 1913, s. 438. 
23-0209, Local Registrars; Duties. Each local registrar shall: 
1. Supply blank forms of certificates to such persons as require 
them; 
2. Examine carefully each certificate of birth or death when 
presented for record to see that it has been made out in 
accordance with the provisions of this chapter and the in- 
structions of the state registrar; 
3. Issue burial-transit permits as provided in this title; 
4. If a certificate of death is incomplete or unsatisfactory, call 
attention to the defects in the return and withhold issuing 
the burial-transit permit until the certificate is correct; 
5. If a certificate of birth is incomplete, notify the informant 
immediately and require him to supply the missing items if 
they can be obtained; 30 
STATE OF NORTH DAKOTA 
6. Number consecutively the certificates of birth and of death 
in separate series, beginning with number one for the first 
birth and the first death in each calendar year, and sign his 
name as registrar in attest of the date of filing in his office; 
7. Make a complete and accurate copy of each birth and death 
certificate registered by him, upon a form identical with the 
original certificate, to be filed and permanently preserved 
in his office as the local record of such birth or death, in such 
manner as is directed by the state registrar; and 
8. On the fifth day of each month, transmit to the state regis- 
trar all original certificates registered by him during the 
preceding month. If no births and no deaths have occurred 
in his district in any month, he shall report that fact on the 
first day of the following month to the state registrar in the 
manner directed by him. 
Source: S.L. 1907, c. 270, s. 19; C.L. 1913, s. 452. 
23-0210. Subregistrar; Duties; Removal. A subregistrar may 
receive birth and death certificates and issue burial-transit permits 
in and for the portions of the county assigned to him. He shall note 
on each certificate over his signature the date upon which it was 
filed and shall forward the same to the local registrar within ten 
days and before the third day of the following month. The sub- 
registrar shall be subject to the supervision and control of the state 
registrar and may be removed by him for neglect or failure to 
perform his duties in accordance with the provisions of this chapter 
and the rules and regulations of the state registrar. He shall be 
subject to the same penalties for neglect of duties as is the local 
registrar. 
Source: S.L. 1907, c. 270, s. 4; C.L. 1913, s. 437, am’d. S.L. 1943, 
c. 273, s. 2, subs. 1. 
23-0211. Fees of Local Registrars. Each local registrar shall be 
entitled to the sum of twenty-five cents for each birth and each 
death certificate properly and completely made out and registered 
with him and correctly copied and duly returned by him to the state 
registrar. In case no births or no deaths were registered by him during 
any month, the local registrar shall be entitled to the sum of twenty- 
five cents for each report to that effect promptly made in accordance 
with the directions of the state registrar. All amounts payable to a 
registrar under provisions of this section shall be paid by the county 
in which his registration district is located upon certification by the 
state registrar. The state registrar annually shall certify to the audi- 
tors of the several counties the number of births and deaths regis- 
ered in each registration district in the county, with the names of 
local registrars and the amounts due each at the rates fixed herein. 
Source: S.L. 1907, c. 270, s. 20; C.L. 1913, s. 453, am’d. S.L. 1925, 
c. 184, s. 1; 1925 Supp., s. 453. PUBLIC HEALTH LAWS 
31 
23-0212. Certificate of Birth; Where and By Whom Filed. The 
attending physician, midwife, or other attendant, within three days 
after the date of a birth, shall file with the local registrar of the 
district in which the birth occurred, the certificate of birth, properly 
and completely filled out, giving all the particulars required by the 
provisions of this chapter. If there is no attending physician, mid- 
wife, or other attendant, the father or mother of the child, or the 
householder or owner of the premises, or the manager or superin- 
tendent of the public or private institution in which the birth oc- 
curred, shall file the certificate of birth with the local registrar within 
three days after the birth. 
Source: S.L. 1907, c. 270, s. 13; C.L. 1913, s. 446. 
Cross References: All births in maternity hospital reported to 
board of administration, see s. 50-1310. 
Birth report of crippled child made to state agency, see s. 50-1007. 
23-0213. Birth Certificate; What to Contain. The birth certifi- 
cate shall be on the standard form recommended by the United 
States bureau of the census and shall contain the following items: 
1. The place of birth of the child, including the name of the 
state and: 
a. The name of the county; 
b. The name of the city or village, or if the birth occurs out- 
side of the limits of any city or village, the name of the 
township; and 
c. The name of the hospital or maternity home in which the 
birth occurred, or if the birth occurs in a city in other 
than a hospital or maternity home, the street and house 
number of the premises in which the same occurred; 
2. The usual place of residence of the mother of the child, 
including: 
a. The state of her residence; 
b. The county of her residence; 
c. The city or village of her residence, or if her residence 
is outside of the limits of any city or village, the name of 
the township in which she resides; and 
d. If her residence is in a city, the street and number thereof; 
3. The full name of the child. If the child dies unnamed before 
the certificate is filed, the words “died unnamed” shall be 
entered. If a living child has not been named at the date 
of filing of the certificate, the space for “full name of 
child” shall be left blank to be filled out subsequently by 
a supplemental report; 
4. The date of birth of the child, including the month, day, and 
year thereof; 
5. The sex of the child; 
6. Whether a twin, triplet, or other plural birth. A separate cer- 
tificate shall be required for each child of plural birth giving 
the number of the child in order of birth; 32 
STATE OF NORTH DAKOTA 
7. Whether the birth is premature or full term; 
8. Whether the mother of the child is married or unmarried; 
9. The full name of the father of the child; 
10. The color or race of the father; 
11. The age of the father at his last birthday, in years; 
12. The birthplace of the father; 
13. The usual occupation of the father; 
14. The name of the industry or business in which the father 
is employed; 
15. The full maiden name of the mother of the child; 
16. The color or race of the mother; 
17. The age of the mother at her last birthday, in years; 
18. The birthplace of the mother; 
19. The usual occupation of the mother; 
20. The name of the industry or business, if any, in which the 
mother is employed; 
21. The number of children which were born to the mother of 
the child including: 
a. The number of children, other than the one being regis- 
tered, of the mother of the child living at the date of the 
registration; 
b. The number of children, other than the one being regis- 
tered, who were born alive to the mother of the child but 
who are dead at the date of the registration; and 
c; The number of children born dead to the mother of the 
child; 
22. The address of the mother for the mailing of the registration 
notice; 
23. The correct answer to the question “Were precautions taken 
against opthalmia neonatorum?”; 
24. Whether or not the child has any serious deformities; 
25. A certificate by the attending physician, midwife, or other 
attendant as to attendance at the birth showing whether the 
child was born dead or alive and the year, month, day, and 
hour of the birth. Such certificate shall be dated and signed 
by the attending physician or other attendant who shall show 
his address therein. If there was no attending physician or 
other attendant at the birth, the father or mother of the 
child, or the householder or manager of the premises, or the 
manager or superintendent of the public or private institu- 
tion in which the birth occurred, shall sign the certificate 
giving the information specified in this subsection and indi- 
cate the capacity in which he or she signs; and 
26. The exact date of filing of the certificate in the office of the 
local registrar attested by the official signature of the local 
registrar and the registered number of the birth. 
The form and contents of the certificate may be varied from time 
to time by the state registrar of vital statistics to conform to regula- PUBLIC HEALTH LAWS 
33 
tions and requirements promulgated by the bureau of the census 
of the United States department of commerce. 
Source: S.L. 1907, c. 270, s. 14; C.L. 1913, s. 447, S.L. 1911, c. 188, 
s. 1; C.L. 1913, s. 3168. 
23-0214. Penalty for Failure to Make Report of Birth. Any per- 
son required by any provision of this title to report a birth who 
neglects or refuses to file a proper certificate of birth within the 
time required, or who omits to answer the question, “Were precau- 
tions taken against opthalmia neonatorum,” is guilty of a misde- 
meanor and shall be punished by a fine of not less than ten dollars 
nor more than fifty dollars. All bills or charges for professional 
services rendered at a birth shall be unlawful if the report of birth 
is not made. 
Source: S.L. 1907, c. 270, s. 22; C.L. 1913, s. 455, S.L. 1911, c. 188, 
ss. 1, 2, 5; C.L. 1913, ss. 3168, 3169, 3172. 
23-0215. Supplemental Report Giving Name of Child. When 
any certificate of birth of a living child is presented without a state- 
ment of the given name, the local registrar shall make out and deliver 
to the informant a special blank for the supplemental report of the 
given name of the child. The supplemental report shall be filled out 
as directed and returned to the registrar as soon as the child is 
named. The original certificate of birth shall not be considered com- 
plete until the supplemental report is filed or the blank returned 
with the statement “died unnamed.” 
Source: S.L. 1907, c. 270, s. 15; C.L. 1913, s. 448. 
23-0216. Stillborn Children To Be Registered. (Amended in 
Chapter 197—Laws of 1945 as follows) 
Stillborn children, or those dead at birth, shall be registered as 
stillbirths on a certificate of stillbirth of the standard form recom- 
mended by the Bureau of the Census, Division of Vital Statistics. The 
person in charge of interment shall within three (3) days file with 
the local registrar of the county in which the stillbirth occurred the 
certificate of stillbirth, obtaining personal data from the informant 
whose signature appears thereon. He shall present the certificate of 
stillbirth to the attending physician, midwife, or other person in 
attendance at the stillbirth, who shall certify the stillbirth and 
such medical data pertaining thereto as he can furnish. In every 
instance a certificate shall be filed, and a permit in the usual form 
for burial, cremation or other disposition of the fetus issued prior 
to interment or other disposition thereof. 
23-0217. Application for Recording Delayed Proof of Birth. An 
application may be made to the state registrar of vital statistics to 
have recorded in his office delayed proof of the birth of any person 
who was born in this state or in that part of the territory of Dakota 
from which the state of North Dakota was formed. An application 
may be made to the local registrar of vital statistics to have recorded 34 
STATE OF NORTH DAKOTA 
in his office delayed proof of the birth of any person who was born 
in the state of North Dakota, or in that part of the territory of 
Dakota from which the state of North Dakota was formed lying 
within the geographical boundaries of such local registration dis- 
trict, and such application shall contain all the requirements and be 
subject to the restrictions and limitations applicable when such 
application is made directly to the state registrar of vital statistics. 
An application for delayed proof of birth may be made by any such 
person who wishes to establish a record of his birth, or by the parent 
or legal guardian of such person. 
Source: S.L. 1941, c. 297, s. 1, am’d. S.L. 1943, c. 273, s. 2, subs. 2. 
Cross Reference: Proceeding to establish date and place of birth, 
see c. 37 of the title Judicial Remedies. 
23-0218. Contents of Application for Recording Delayed Proof 
of Birth. An application for the recording of delayed proof of birth 
shall be in writing and shall state: 
1. The name of the person of whose birth a record is to be made; 
2. The time and place of birth of such person; 
3. The sex and color or race of such person; 
4. The name of the father and of the mother of such person, if 
known; and 
5. Such other facts as the state registrar of vital statistics may 
require. 
If the person for the proof of the birth of whom such proceeding is 
brought has been legally adopted a certified copy of the decree of 
adoption shall be filed with the application. 
Source: S.L. 1941, c. 297, s. 2. 
23-0219. Procedure When Application Filed. Upon the filing of 
an application with the state registrar or local registrar of vital 
statistics for the recording of the delayed proof of birth of any person, 
the registrar shall hear and determine such application and the 
proofs submitted in connection therewith. For the purpose of re- 
cording delayed proof of birth and correcting birth records, the state 
registrar of vital statistics, the deputy state registrar of vital statistics, 
and the local registrar may administer oaths to witnesses giving 
written or oral evidence. If the registrar finds that the person de- 
scribed in the application was born at the time and place stated 
therein, such registrar shall make a record showing that the appli- 
cation has been granted, that the person described in such application 
was born at the time and place shown in such proof, and such other 
facts as may be pertinent to such record. 
Source: S.L. 1941, c. 297, s. 6. 
23-0220. Correction of Errors in Birth Records. The state reg- 
istrar of vital statistics may correct any error in birth records, and 
to that end, may receive and file amended birth certificates or affi- 
davits and other proof showing that former records are incorrect. PUBLIC HEALTH LAWS 
35 
Source: S.L. 1941, c. 297, s. 3. 
23-0221. Proof To Be Filed With Application to Record Delayed 
Proof of Birth and to Correct Error. The state registrar of vital sta- 
tistics may prescribe reasonable rules and regulations relating to the 
proof that may be submitted in support of an application to record 
delayed proof of birth or in support of an application for the correc- 
tion of error in records of birth, to the end that the records in the 
office of such registrar may truthfully state the facts concerning the 
birth of any person born within this state, and may permit the return 
of documentary proof. 
Source: S.L. 1941, c. 297, s. 5. 
23-0222. Addition to Record in Case of Adoption or Determina- 
tion of Paternity. Whenever a certified copy of a decree of adoption, 
or a report of adoption, or of the determination of any court deter- 
mining paternity, is filed in the office of the state registrar of vital 
statistics, such registrar shall make notation thereof on any record 
of birth on file in his office. 
Source: S.L. 1941, c. 297, s. 4. 
23-0223. Certificates and Other Records Are Confidential. All 
certificates, applications, affidavits, proofs, or other records filed with 
the state registrar of vital statistics relative to birth shall be deemed 
confidential and shall not be open to inspection by any person except 
the person whose birth has been recorded, if such person is an adult, 
and, if such person is a minor, by the legal parents or general guar- 
dian thereof. Such records, however, may be inspected by and in- 
formation divulged to the veteran’s service commissioner upon his 
certificate that the person whose birth record is inspected or con- 
cerning which information is sought is either a veteran of the armed 
forces of the United States or a dependent of such veteran. In other 
cases, access to such records or certified copies thereof may be 
obtained only upon an order of the district court, and such court 
shall issue such order only when it has been shown to the satisfac- 
tion of the court that the information contained in the original records 
on file in the office of the state registrar of vital statistics is material 
and necessary to litigation pending in any court, and that the ends of 
justice will be best served by the production of such original records. 
This Section shall not preclude the state registrar of vital statistics 
from furnishing such records, or reports from such records, to the 
federal government, or any department or agency thereof, when 
such records are required for statistical purposes, nor shall it preclude 
the state registrar from permitting the inspection of such records 
when in the opinion of such registrar such inspection will facilitate 
the correction of the records in his office. Information obtained from 
such records may be furnished without charge to any state depart- 
ment upon the order of the attorney general made upon the written 
application of the executive head of the department showing the 36 
STATE OF NORTH DAKOTA 
name of the individual relative to whom such information is required, 
and stating that such information is required in the proper adminis- 
tration of the work of such department. Any information so fur- 
nished to any department shall be deemed confidential. 
Source: S.L. 1941, c. 297, s. 7, am’d. S.L. 1943, c. 271, s. 1. 
23-0224. Registrar’s Certificate of Record of Birth: When Issued; 
Contents. The state registrar of vital statistics, upon the payment 
of the required fee, shall issue to any person entitled thereto a regis- 
trar’s certificate of the record relating to the proof of a birth. Such 
certificate shall be issued under the hand and seal of the registrar 
and shall be based on the facts as shown in the records of the state 
registrar on the date of the issuance of such certificate. 
Source: S.L. 1941, c. 297, s. 8. 
23-0225, Form of Registrar’s Certificate of Record of Birth. The 
registrar’s certificate of record of birth shall be dated, signed, and 
sealed by the registrar of vital statistics or by a deputy state regis- 
trar of vital statistics, and shall be in substantially the following 
form: 
The state registrar of vital statistics for the state of North Dakota 
does hereby certify that according to the records in his office, 
, was born at , in the county of 
, within the state of North Dakota, on the 
day of , in the year of 
Such certificate also may set forth the sex and color or race of the 
person described therein, and also may state the names of the per- 
sons who sustain to him the legal relationship of father and mother 
at the time the certificate is issued, and such other facts as the 
registrar may deem pertinent. If the person described in the certifi- 
cate has been legally adopted prior to the issuance of such certificate, 
the certificate shall state the names of the persons who have adopted 
him as his legal parents. 
Source: S.L. 1941, c. 297, s. 9. 
23-0226. Certificate of Proof of Birth Only Information Regis- 
trar to Issue; When Certified Copy of Birth Certificate Issued. No 
information other than the certificate of proof of birth described in 
this chapter shall be issued by the state registrar of vital statistics 
except upon the request of the person in relation to the birth of 
whom the information is requested. Upon the request of the person 
described therein, or if such person is a minor, upon the request of 
his legal parents or general guardian, the registrar may furnish a 
certified copy of the birth certificate provided by statute. 
Source: S.L. 1941, c. 297, s. 10. 
23-0227. Local Registrar’s Records Confidential; Penalty. A 
local registrar shall not permit the inspection of any records made 
by him and shall not disclose any information obtained by him as PUBLIC HEALTH LAWS 
37 
local registrar to any person except the state registrar of vital statis- 
tics, or to officers or employees of the division of vital statistics. Any 
local registrar who shall violate any provision of this section shall 
be guilty of a misdemeanor. 
Source: S.L. 1941, c. 297, s. 11. 
23-0228. Retroactive Effect of Provisions Relating to Delayed 
Proof of Birth. The procedure set forth in sections 23-0217, 23-0218, 
23-0219, and 23-0221 shall apply to any person born within the ter- 
ritorial limits specified in section 23-0217 regardless of the date of 
the birth of such person. 
Source: S.L. 1941, c. 297, s. 12. 
23-0229. Clerks of District Courts and of County Courts With 
Increased Jurisdiction to Furnish Information as to Adoption or 
Paternity of Children to the State Registrar of Vital Statistics. The 
clerk of the district court, or the clerk of the county court with in- 
creased jurisdiction, in which any decree of adoption is entered or 
in which any order, judgment, or decree is entered determining or 
relating to the paternity of any child born in the state of North Da- 
kota, shall notify the state registrar of vital statistics of the entry 
of such order, judgment, or decree, and shall supply such information 
relating thereto as the state registrar may require upon such forms 
as may be furnished by the state registrar. 
Source: S.L. 1941, c. 296, s. 1. 
23-0230. Death Certificate; What to Contain. The death certifi- 
cate shall be on the standard form recommended by the United 
States bureau of the census and shall contain the following items; 
1. The place of death including: 
a. The name of the county; 
b. The name of the city or village, or if the death occurs out- 
side of the limits of any city or village, the name of the 
township; 
c. The name of the hospital or institution in which the death 
occurred, or if the death occurred in a city in other than a 
hospital or institution the street and house number of the 
premises in which the same occurred; and 
d. The length of stay in the hospital or institution where the 
death occurred and in the community in which the death 
occurred; 
2. The usual residence of the deceased including: 
a. The state of his residence; 
b. The county of his residence; 
c. The city or village of his residence, or if his residence is 
outside of the limits of any city or village, the name of 
the township in which he resided; 
d. If his residence was in a city, the street and number there- 
of; and 38 
STATE OF NORTH DAKOTA 
e. If the deceased was foreign born, the number of years he 
had been in the United States; 
3. a. The fullname of the deceased. If the deceased was an un- 
named child, the surname preceded by “unnamed”; 
b. If the deceased was a veteran of any war, the name of the 
war; 
c. The social security number of the deceased, if any; 
4. The sex of the deceased; 
5. The color or race of the deceased; 
6. The conjugal condition of the deceased; 
a. Whether single, married, widowed, or divorced; 
b. The name of the husband or wife; and 
c. The age of the husband or wife; 
7. The birth date of the deceased, giving the month, day, and 
year; 
8. The age of the deceased in years, months, and days, or if he 
is less than one day old, the age in hours, and minutes; 
9. The birthplace of the deceased, giving the city or county, and 
the state or foreign country; 
10. The usual occupation of the deceased; 
11. The industry or business of the deceased; 
12. The name of the father of the deceased; 
13. The birthplace of the father, giving the city or county, and 
the state or foreign country; 
14. The maiden name of the mother of the deceased; 
15. The birthplace of the mother, giving the city or county, and 
the state or foreign country; 
16. The signature of the informant, who may be any competent 
person acquainted with the facts, and his address; 
17. A certificate of the funeral director showing whether the body 
was buried, cremated, or removed, and the date and place of 
burial or cremation, and such certificate shall be signed by 
the funeral director and his address shall be shown; 
18. The exact date of filing of the certificate in the office of the 
local registrar attested by the official signature of the local 
registrar and the registered number of the death; and 
19. A medical certification which shall include: 
a. The date of death, including the month, day, and year; 
b. The dates‘from which and to which the physician attended 
the deceased; 
c. The date the physician last saw the deceased alive; 
d. The hour of the day at which the death occurred; 
e. The principal cause of death and the important related 
. causes in order of onset, giving the date of onset; 
f. The contributory causes of importance, including any 
pregnancy within three months of death; 
g. The name and date of any operation; 
h. The test that confirmed the diagnosis; 
i. Whether there was an autopsy; PUBLIC HEALTH LAWS 
39 
j. If the death was due to external cause, the following: 
1. Whether it was an accident, suicide, or homicide; 
2. The date of the injury; 
3. The locality of injury, giving the township or city and 
the county and state; 
4. Whether the injury occurred in or about home, on farm, 
in industrial place, in public place, or while at work; 
5. The means of injury; and 
k. The signature and address of the physician in last atten- 
dance, and the date when such certificate was signed. 
The form and contents of the certificate may be varied from time to 
time by the state registrar of vital statistics to conform to the regula- 
tions and requirements promulgated by the bureau of the census of 
the United States department of commerce. 
Source: S.L. 1907, c. 270, s. 8; C.L. 1913, s. 441. 
23-0231. Disease Causing Death Must Be Stated in Plain Terms; 
Returned for Correction. If in the medical certification of the certi- 
ficate of death the physician uses indefinite and unsatisfactory terms 
which indicate only symptoms of the disease or of the conditions 
resulting from the disease which was the cause of death, a burial- 
transit permit shall not be issued and the certificate shall be returned 
to him for correction and definition. The state registrar of vital sta- 
tistics shall define what shall be considered as indefinite and unsat- 
isfactory terms. 
Source: S.L. 1907, c. 270, s. 8; C.L. 1913, s. 441. 
23-0232. Undertaker Responsible for Securing and Filing Death 
Certificate, The undertaker or person acting as such shall obtain 
and file the certificate of death with the local registrar. He shall: 
1. Obtain the personal and statistical particulars required in the 
certificate from the person best qualified to supply them over 
the signature and address of his informant; 
2. Present the certificate to the attending physician, if any, or 
to the health officer or coroner as directed by the registrar, 
for the medical certificate of the cause of death and other 
particulars necessary to complete the record; 
3. State the facts required relative to the date and place of 
burial, over his signature and with his address; and 
4. Present the completed certificate to the registrar within the 
time limit designated by the local board of health for the 
issuance of a burial transit permit. 
Source: S.L. 1907, c. 270, s. 10; C.L. 1913, s. 443. 
Cross Reference: Undertaker to state in certificate whether de- 
ceased was a veteran, see s. 37-1605. 
Chapter 194. Death Certificates, Certain Veterans. An Act Au- 
thorizing the State Registrar of Vital Statistics to issue death certi- 
ficates in certain cases of deceased veterans, and declaring an emer- STATE OF NORTH DAKOTA 
40 
gency. Be It Enacted by the Legislative Assembly of the State of 
North Dakota: Section 1. The State Registrar of Vital Statistics shall 
upon request issue and file death certificates in cases of deceased 
veterans upon receipt of the original notice of death furnished by 
the War Department, or a copy of such notice certified by the Veter- 
ans’ Service Commissioner or the Veterans Administration, and 
upon receipt of such additional evidence as may be available from 
other sources without regard for addition pre-requisites provided in 
Chapter 23-02 of the North Dakota Revised Code of 1943. Section 2. 
This act is hereby declared to be an emergency measure and shall 
be in full force and effect from and after its passage and approval. 
(Laws of 1945) 
23-0233. Neglect and Refusal of Physician to Deliver Medical 
Certificate to Undertaker; Penalty. Any physician in medical atten- 
dance upon a deceased person at the time of death who neglects or 
refuses to make out and deliver the medical certificate of cause of 
death to the undertaker, sexton, or other person in charge of the 
interment, removal, or other disposition of the body, upon request, 
is guilty of a misdemeanor and shall be punished by a fine of not 
less than five dollars nor more than fifty dollars. 
Source: S.L. 1907, c. 270, s. 22; C.L. 1913, s. 455. 
23-0234. Physician’s Certificate of Cause of Death: False: Pen- 
alty. Any physician who willfully or knowingly makes a false cer- 
tificate of the cause of death is guilty of a misdemeanor and shall 
be punished by a fine of not less than fifty dollars nor more than 
two hundred dollars. 
Source: S.L. 1907, c. 270, s. 22; C.L. 1913, s. 455. 
23-0235. Death Without Medical Attendance; Duty of Undertaker 
and Local Registrar. If any death occurs without medical attendance 
the undertaker shall notify the local registrar of such death. When 
so notified, the registrar, prior to issuing a burial-transit permit, shall 
inform the local health officer and refer the case to him for immed- 
iate investigation and certification. When the local health officer is 
not a qualified physician, or when there is no such official, the reg- 
istrar may make the certificate and return from the statements of 
relatives or other persons having adequate knowledge of the facts. 
If the circumstances of the case render it probable that death was 
caused by unlawful or suspicious means, the registrar shall refer 
the case to the coroner for his investigation and certification. 
Source: S.L. 1907, c. 270, s. 9; C.L. 1913, s. 442. 
23-0236. Physicians, Midwives, Undertakers to Furnish Infor- 
mation to State Registrar. All physicians, midwives, undertakers, 
and other persons having knowledge of any birth or death shall fur- 
nish such information to the state registrar of vital statistics upon 
demand, either in person, by mail, or through the local registrar. 
Source; S.L. 1907, c. 270, s. 18; C.L. 1913, s. 451. PUBLIC HEALTH LAWS 
41 
23-0237. Physicians, Midwives, and Undertakers To Be Regis- 
tered. Every physician, midwife, and undertaker shall register his 
name, address, and occupation with the local registrar of the district 
in which he resides. Thereupon, he shall be supplied by the local 
registrar with a copy of this chapter, together with the rules and 
regulations adopted by the state registrar of vital statistics. 
Source: S.L. 1907, c. 270, s. 16; C.L. 1913, s. 449. 
23-0238. Local Registrar to Report to State Registrar All Regis- 
tered Physicians and Midwives. Within thirty days after the close 
of each calendar year, each local registrar shall make a return to the 
state registrar of all physicians and midwives who have been regis- 
tered in his district during the whole or any part of the preceding 
calendar year. No fee or other compensation shall be charged by 
local registrars to physicians, midwives, or undertakers for register- 
ing their names under section 23-0237 or for making returns thereof 
to the state registrar. 
Source: S.L. 1907, c. 270, s. 16; C.L. 1913, s. 449. 
23-0239, Requirements in Completing Birth Certificates and 
Death Certificates. All birth certificates and death certificates shall 
be written legibly or typewritten in unfading black ink. No such 
certificate shall be held to be complete and correct unless it supplies 
all of the items of information called for therein or satisfactorily 
accounts for omission of any item not contained therein. 
Source: S.L. 1907, c. 270, s. 14; C.L. 1913, s. 447. 
23-0240. Effect of Certificate of Proof of Birth and of Certified 
Copy of Birth or Death Certificate. A registrar’s certificate of the 
record of a birth and a certified copy of any birth or death certifi- 
cate issued by the state registrar of vital statistics shall be prima 
facie evidence of the facts therein stated and shall be accepted as 
such proof in any court or before any commission, bureau, board, or 
agency in this state. 
Source: S.L. 1907, c. 270, s. 21; C.L. 1913, s. 454. S.L. 1941, c. 297, 
s. 8. 
23-0241. Neglect of Duty by Local Registrar; Penalty. Any 
local registrar, deputy registrar, or subregistrar who shall neglect or 
fail to enforce the provisions of this chapter, or who shall neglect 
or refuse to perform any duty imposed upon him by the provisions 
of this chapter or by the instructions and directions of the state reg- 
istrar of vital statistics, shall be guilty of a misdemeanor and shall 
be punished by a fine of not less than ten dollars nor more than one 
hundred dollars. 
Source: S.L. 1907, c. 270, s. 22; C.L. 1913, s. 455. 
23-0242. Alteration of Local Record of Certificate of Birth or of 
Death; Penalty. Any person who shall willfully alter any certificate 
of birth or of death, or the copy of any certificate of birth or of 42 
STATE OF NORTH DAKOTA 
death, on file in the office of a local registrar, shall be guilty of a 
misdemeanor and shall be punished by a fine of not less than ten 
dollars nor more than one hundred dollars, or by imprisonment in the 
county jail for not more than sixty days, or by both such fine and 
imprisonment. 
Source: S.L. 1907, c. 270, s. 22; C.L. 1913, s. 455. 
23-0243. General Penalty. Any person who shall violate any 
provision of this chapter for which a penalty is not specifically pro- 
vided shall be guilty of a misdemeanor and shall be punished by a 
fine of not less than five dollars nor more than one hundred dollars. 
Source: S.L. 1907, c 270, s. 22; C.L. 1913, s. 455. 
23-0244. Enforcement of Registration Law: Who Charged With, 
Each local registrar shall enforce the provisions of this chapter in 
his district under the direction of the state registrar of vital statistics. 
He shall make an immediate report to the state registrar of the vio- 
lation of any provision of this chapter which comes to his attention. 
The state registrar shall execute the provisions of this chapter in 
every part of the state and by his supervisory powers over local 
registrars shall see that all requirements are uniformly complied 
with. He shall investigate cases of irregularity or violation of law, 
personally or by accredited representatives, and local registrars shall 
aid him, upon request, in any such investigation. When the state 
registrar deems it necessary, he shall report a violation of any pro- 
vision of this chapter to the state’s attorney of the proper county 
with a statement of the facts and circumstances of the case. When any 
case is reported to him by the state registrar, the state’s attorney 
forthwith shall initiate and follow up the necessary court proceedings 
against the party responsible for the alleged violation of law. Upon 
request of the state registrar, the attorney general, likewise, shall 
assist in the enforcement of the provisions of this chapter. 
Source: S.L. 1907, c. 270, s. 23; C.L. 1913, s. 456. 
Cross References to Chapter 23-02 
Birth report of crippled child made to public welfare boards, 
see s. 50-1007. 
Marriage record to be filed with the state registrar of vital sta- 
tistics, see s. 14-0323. 
CARE AND CUSTODY OF DEAD 
23-0601. Right to Dispose of One’s Own Body. Subject to the 
health regulations contained in this chapter, every person has the 
right to direct the manner in which his body shall be disposed of 
after his death and to direct the manner in which any part of his 
body which becomes separated therefrom during his life-time shall 
be disposed of. 
Source: R.C. 1895, s. 7188; R.C. 1899, s. 7188; R.C. 1905, s. 8923; 
C.L. 1913, s. 9617. PUBLIC HEALTH LAWS 
43 
23-0602. Who Entitled to Custody of Body. The person charged 
with the duty of burying the body of a deceased person is entitled 
to the custody of such body for the purpose of burying it. When the 
coroner is required to hold an inquest, however, he is entitled to the 
custody of the body until such inquest has been completed. 
Source: R.C. 1895, s. 7197; R.C. 1899, s. 7197; R.C. 1905, s. 8932; 
C.L. 1913, s. 9626. 
23-0603. Duty of Burial. The duty of burying the body of a 
deceased person devolves upon the following persons: 
1. If the deceased was married, upon the surviving husband 
or wife; 
2. If the deceased was not married but left kindred, upon the 
person or persons in the same degree, of adult age, nearest 
of kin to the deceased living within this state and possessed 
of sufficient means to defray the necessary expenses; 
3. If an inquest is held and the deceased left no husband or wife 
and no kindred answering the description in subsection 2, 
upon the coroner conducting the inquest. The expense thereof 
shall be borne by the county as provided in section 11-1918; 
4. In case the person upon whom the duty of burial is cast by 
the foregoing provision omits to make such burial within the 
time required by this chapter, upon the person next speci- 
fied. If all omit to act, upon the tenant, or, if there is no 
tenant, upon the owner of the premises in which the death 
occurs or the body is found; or 
5. If the deceased left no husband, wife, or kindred answering 
the foregoing description and did not leave means sufficient to 
defray his funeral expenses, including the cost of a casket, 
upon the county welfare board of the county in which the 
death occurs, and such board shall employ some person to 
arrange for and superintend the burial. The necessary and 
reasonable expense thereof, not exceeding seventy-five dol- 
lars, shall be borne by the county. 
Source: R.C. 1895, s. 7195; R.C. 1899, s. 7195; R.C. 1905, s. 8930; 
C.L. 1913, s. 9624. S.L. 1933, c. 97, s. 17, am’d. S.L. 1943, c. 107, s. 1. 
23-0604. Time Within Which Burial Must Be Made; Exceptions. 
The dead body of a human being must be buried by the person 
charged with the duty of such burial within four days after the 
death of such person except when: 
1. The right to dissect the body is expressly conferred by law; 
2. The body is being carried through this state; 
3. The body is being removed from this state for the purpose 
of burial in some other state; or 
4. A permit is obtained from the local board of health allowing 
a longer time during which the body may remain unburied. 44 
STATE OF NORTH DAKOTA 
A permit obtained under the provision of subsection 4 shall show 
the length of time allowed by the board during which the body may 
remain unburied. 
Source: R.C. 1895, s. 269; R.C. 1899, s. 269; R.C. 1905, s. 281; 
C.L. 1913, s. 427. R.C. 1895, ss. 7189, 7190; R.C. 1899, ss. 7189, 7190; 
R.C. 1905, ss. 8924, 8925; C.L. 1913, ss. 9618, 9619. 
23-0605. Failure to Bury Within Required Time; Penalty. Any 
person who fails to comply with or who violates any of the provi- 
sions of section 23-0604, or who refuses or neglects promptly to obey 
any order or instruction of the local board of health, is guilty of a 
misdemeanor and shall be punished by a fine of not less than ten 
dollars nor more than fifty dollars or by imprisonment in the county 
jail for not more than thirty days, or by both such fine and imprison- 
ment. 
Source: R.C. 1895, s. 274; R.C. 1899, s. 274; R.C. 1905, s. 287; 
C.L. 1913, s. 433. R.C. 1895, s. 7196; R.C. 1899, s. 7196; R.C. 1899, s. 7196; 
R.C. 1905, s. 8931; C.L. 1913, s. 9625. 
23-0606. Neglect of Burial; Misdemeanor. Every person upon 
whom the duty of making burial of the remains of a deceased person 
is imposed by law who omits to perform that duty as required in 
this chapter, is guilty of a misdemeanor, and in addition to the pun- 
ishment prescribed therefor, is liable to pay to the person performing 
the duty in his stead treble the expenses incurred by the latter in 
making the burial. Such amount shall be recovered in a civil action. 
Source; R.C. 1895, s. 7196; R.C. 1899, s. 7196; R.C. 1905, s. 8931; 
C.L. 1913, s. 9625. 
23-0607. Regulation of Burial; Issuance of Burial-Transit Per- 
mit Regulated. The body of any person whose death occurs in this 
state shall not be interred, deposited in a vault or tomb, cremated, or 
otherwise disposed of, until a burial-transit permit shall have been 
properly issued by the registrar of vital statistics of the registration 
district in which the death occurred. A burial-transit permit shall 
not be issued by any registrar until a complete and satisfactory cer- 
tificate and return of the death has been filed with him. If the 
certificate is incorrect or incomplete, the registrar shall call atten- 
tion to the defect and withhold issuing the permit until the same 
is corrected. In the case of any death outside of this state, a burial- 
transit permit issued in accordance with the law and the health reg- 
ulations in force in the state where the death occurred, when accom- 
panying a body shipped through or into this state, may be accepted 
with the same effect as a permit from a local registrar. If the death 
occurred from some disease that is held to be communicable by the 
state department of health, the registrar shall refuse to grant a permit 
for the removal or other disposition of the body except under the 
conditions prescribed by the state department of health and the local 
board of health. 
Source: S.L. 1907, c. 270, ss. 6, 19; C.L. 1913, ss. 439, 452. PUBLIC HEALTH LAWS 
45 
23-0608. Burial-Transit Permit; Contents. The burial-transit 
permit shall be on the form prescribed by the state registrar of vital 
statistics, shall be signed by the registrar issuing it, and may be 
limited to a statement by the local registrar showing: 
1. That a satisfactory certificate of death has been filed with him 
as required by law; 
2. That permission is granted to inter, remove, or otherwise dis- 
pose of the body of the deceased; and 
3. The name, age, sex, and the cause of death of the deceased 
and any other necessary details. 
Source: S.L. 1907, c. 270, s. 11; C.L. 1913, s. 444. 
23-0609. Disposition of Burial-Transit Permit. The undertaker, 
or person acting as undertaker, shall secure the burial-transit permit 
from the local registrar. He shall deliver such permit to the sexton or 
person in charge of the place of burial before interring the body, or 
he shall attach it to the box containing the corpse when the same is 
shipped by any transportation company. Such permit shall be accepted 
by the sexton as authority for the interment of the body, and a body 
shall not be accepted for carriage by a common carrier unless the 
permit is attached as required in this section. 
Source: S.L. 1907, c. 270, s. 10; C.L. 1913, s. 443. 
23-0610. Sextons to Endorse and Return Burial-Transit Permit; 
Record of Burials. Each sexton or person in charge of any burial 
ground shall endorse the date of interment upon the burial-transit 
permit over his signature. He shall return all permits, so endorsed, 
to the local registrar of his district within ten days after the date of 
interment or within the time prescribed by the local board of health. 
The sexton also shall keep a record of all interments made in the 
premises under his charge, stating the name of the deceased person, 
the place of death, the date of burial, and the name and address of 
the undertaker. Such record at all times shall be open to public 
inspection. 
Source: S.L. 1907, c. 270, s. 12; C.L. 1913, s. 445. 
Cross Reference: Additional duties of sexton, see s. 23-0622. 
23-0611. Burial Without Burial-Transit Permit; Penalty. Any 
undertaker, sexton, or other person acting as undertaker, who inters, 
removes, or otherwise disposes of the body of any deceased person 
without having received a burial-transit permit, is guilty of a mis- 
demeanor and shall be punished by a fine of not less than twenty 
dollars nor more than one hundred dollars. 
Source: S.L. 1907, c. 270, s. 22; C.L. 1913, s. 455. 
23-0612. Penalty for Transporting Body Without Burial-Transit 
Permit. Any transportation company or common carrier which 
transports, carries, or accepts, through its agents or employees, for 
transportation or carriage, the body of any deceased person without 46 
STATE OF NORTH DAKOTA 
an accompanying burial-transit permit issued in accordance with 
the provisions of this chapter, is guilty of a misdemeanor and shall be 
punished by a fine of not less than fifty dollars nor more than two 
hundred dollars. 
Source: S.L. 1907, c. 270, s. 22; C.L. 1913, s. 455. 
23-0613. Dissection; When Allowed. The dead body of a hu- 
man being may be dissected: 
1. When authorized by positive enactment of the legislative as- 
sembly of this state; 
2. When the death occurs under circumstances in which a coro- 
ner is authorized by law to hold an inquest upon the body, 
and a coroner authorizes such dissection for the purpose of 
the inquest; 
3. When the husband, wife, or next of kin of a deceased person, 
charged by law with the duty of burial, authorizes such dis- 
section for the purposes of ascertaining the cause of death; or 
4. When permission has been given therefor by deceased. 
Source: R.C. 1895, s. 7191; R.C. 1899, s. 7191; R.C. 1905, s. 8928; 
C.L. 1913, s. 9620. 
23-0614. What Bodies May Be Used for Dissection. Any medical 
association, licensed physician and surgeon, or medical school, upon 
request, may receive and remove free of charge the bodies of the 
following deceased persons, if such bodies are to be used within the 
state for the advancement of anatomical knowledge and medical 
science and if proper notice is given to the relatives or guardian of 
the deceased: 
1. A person executed pursuant to sentence of law; 
2. A person dying in the penitentiary or county jail while under 
sentence for a crime; or 
3. A person required to be buried at public expense. 
Preference shall be given to medical schools, and such schools shall 
furnish the bodies to the students of medicine and surgery. 
Source: R.C. 1895, s. 281; R.C. 1899, s. 281; R.C. 1905, s. 300; C.L. 
1913, s. 472. S.L. 1905, c. 134, s. 1; R.C. 1905, s. 2079; C.L. 1913, s. 2809. 
23-0615. When Body Not To Be Used for Dissecting. If a person 
mentioned in section 23-0614 shall have requested, during his last 
illness, that he be buried, his body shall not be surrendered for dis- 
section but shall be buried. If any friend, relative, or guardian of 
any such person shall request, within thirty-six hours after his death, 
that the body be turned over to such friend, relative, or guardian for 
interment, such request shall be complied with. 
Source: R.C. 1895, s. 283; R.C. 1899, s. 283; R.C. 1905, s. 302; C.L. 
1913, s. 474. S.L. 1905, c. 134, s. 1; R.C. 1905, s. 2079; C.L. 1913, s. 2809. 
23-0616. Bond Given by Person Receiving Body. Every physi- 
cian or surgeon and every medical school, before receiving any dead PUBLIC HEALTH LAWS 
47 
body, shall give to the officer surrendering the same a sufficient 
bond conditioned that the body shall be used only for the promotion 
of anatomical science and medical knowledge within this state and 
so as not to outrage public feeling, and that after having been so 
used, the remains thereof shall be disposed of in accordance with 
the provisions of section 23-0617. 
Source: R.C. 1895, s. 282; R.C. 1899, s. 282; R.C. 1905, s. 301; C.L. 
1913, s. 473. S.L. 1905, c, 134, s. 2; R.C. 1905, s. 2080; C.L. 1913, s. 2810. 
23-0617. Bodies Required To Be Buried or Cremated After Hav- 
ing Served the Purpose: Penalty for Neglect. Any person who shall 
receive for dissection any dead body, in pursuance of the provisions 
of this chapter, shall decently bury the body in some public cemetery 
or shall cremate the same in a furnace properly constructed for that 
purpose after the dissection has been made. Any person who neglects 
or violates the provisions of this section is guilty of a misdemeanor 
and shall be punished by a fine of one hundred dollars. 
Source: R.C. 1895, s. 7193; R.C. 1899, s. 7193; R.C. 1905, s. 8928; 
C.L. 1913, s. 9622. S.L. 1905, c. 134, s. 3; R.C. 1905, s. 2081; C.L. 1913, 
s. 2811. 
23-0618. Dissection; Removal of Body; Sale of: Penalty. Any 
person who shall receive a body for use under the provisions of 
section 23-0614 and shall use the same for any other purpose, or who 
shall remove the same beyond the limits of this state, or who shall 
buy or sell any such body, or traffic in the same, shall be guilty of 
a misdemeanor, and shall be punished by a fine of one hundred dol- 
lars. Any officer refusing to deliver the remains or body of any 
deceased person, when demanded under the provisions of this section, 
is guilty of a misdemeanor and shall be punished by a fine of not 
less than fifty dollars. 
Source: S.L. 1905, c. 134, s. 2; R.C. 1905, s. 2080; C.L. 1913, s. 2810. 
23-0619. Dead Limb or Member of Body; Burial of; Interference 
With; Penalty. All provisions of this chapter requiring the burial of 
a dead body or punishing interference with or injuries to a dead body 
apply equally to any dead limb or member of a human body, sep- 
arated therefrom during lifetime. 
Source: R.C. 1895, s. 7194; R.C. 1899, s. 7194; R.C. 1905, s. 8929; 
C.L. 1913, s. 9623. 
23-0620, Where Body May Be Buried. No dead human body 
shall be buried in this state except in a properly registered cemetery 
or in some other place requested by the relatives and friends of the 
deceased if the same is authorized by the state department of health 
and all rules and regulations promulgated by the department in that 
connection have been complied with. 
Source: S.L. 1931, c. 104, s. 1. 48 
STATE OF NORTH DAKOTA 
23-0621. Regulation of Cemeteries. All persons, corporations, 
municipalities, associations, and organizations owning, conducting, or 
maintaining a cemetery or plot for the burial of dead human bodies 
shall: 
1. Provide for a sexton or secretary; 
2. Cause the lot or parcel of ground used and designated as a 
cemetery to be platted into orderly blocks and lots, alleys and 
streets or driveways, giving to each a distinctive name or 
number that shall be a permanent designation of its location; 
3. File the original plat with the register of deeds of the county 
in which the cemetery or place of burial is located and the 
copy or blueprint thereof with the sexton or secretary; 
4. Register with the state department of health the name and 
location of the cemetery or place of burial, the name and ad- 
dress of the sexton, and the name and address of other officers 
of the cemetery association, corporation, or organization; 
5. Furnish such information and reports as the state health de- 
partment may require; and 
6. Keep a local register of all burials showing as to each burial 
the name of the deceased, the date and location of burial, the 
cause and date of death, and the name and address of the 
undertaker. 
Source: S.L. 1931, c. 104, s. 2. 
23-0622. Sexton: Term of Office; Records; Duties. The sexton 
or secretary appointed by the person, corporation, municipality, asso- 
ciation or organization conducting a cemetery for the burial of dead 
human bodies shall hold office until his successor is appointed and 
qualified. He shall transfer all records to his successor. The sexton 
or secretary shall enforce the laws of the state and the rules and 
regulations of the state department of health with respect to the 
burial of dead human bodies within the cemetery under his charge. 
Source: S.L. 1931, c. 104, s. 2, subs. 1. 
Cross Reference: Requirements as to burial permit, see ss. 
23-0607, to 23-0612. 
23-0623. State Department of Health to Enforce Regulation of 
Cemeteries. The state department of health shall make and enforce 
such rules and regulations as are necessary to carry out the laws 
relating to the regulation of cemeteries. 
Source: S.L. 1931, c. 104, s. 3. 
23-0624. Unlawful Removal of Dead Body; Penalty. Every per- 
son who removed any part of the dead body of a human being from 
any grave or other place where the same has been buried, or from 
any place where the same is deposited while awaiting burial, through 
malice or wantonness, or with intent to sell the same or to dissect 
it without the authority of law, is punishable by imprisonment in 
the penitentiary for not less than one year nor more than five years, PUBLIC HEALTH LAWS 
49 
or in the county jail for not more than one year, or by a fine of not 
more than five hundred dollars, or by both such fine and imprison- 
ment. 
Source: R.C. 1895. s. 7198; R.C. 1899, s. 7198; R.C. 1905, s. 8933; 
C.L. 1913, s. 9627. 
23-0625. When Body May Be Removed From Cemetery; Penalty 
for Failure to Remove. Whenever a cemetery or other place of burial 
is lawfully authorized to be removed from one place to another, the 
right and duty to disinter, remove, and rebury the remains of bodies 
there lying buried devolves upon the persons whose duty it is to bury 
the bodies, in the order in which they are named in section 23-0603. 
If all such persons fail to act, the duty devolves upon the lawful cus- 
todians of the place of burial so removed. Every omission of such 
duty is punishable in the same manner as other omissions to perform 
the duty of making burial are punishable. 
Source: R.C. 1895, s. 7201; R.C. 1899, s. 7201; R.C. 1905, s. 8936; 
C.L. 1913, s. 9630. 
23-0626. Purchasing Body Forbidden; Penalty. Every person 
who purchases or who receives, except for the purpose of burial, any 
dead body of a human being, knowing that the same has been re- 
moved contrary to the provisions of this chapter, is punishable by 
imprisonment in the penitentiary for not less than one year nor 
more than five years, or in a county jail for not more than one year, 
or by a fine of not more than five hundred dollars, or by both such 
fine and imprisonment. 
Source: R.C. 1895, s. 7199; R.C. 1899, s. 7199; R.C. 1905, s. 8934; 
C.L. 1913, s. 9628. 
23-0627. Unlawfully Opening Place of Burial; Penalty. Every 
person who opens any grave or any place of burial, temporary or 
otherwise, or who breaks open any building wherein any dead body 
of a human being is deposited while awaiting burial, with intent, 
either: 
1. To remove any dead body of a human being for the purpose 
of selling the same or for the purpose of dissection; or 
2. To steal the coffin, or any part thereof, or anything attached 
thereto or connected therewith, or the vestments or other 
articles buried with the same, 
is punishable by imprisonment in the penitentiary for not less than 
one year nor more than two years, or in a county jail for not more 
than six months, or by a fine of not more than two hundred fifty 
dollars, or by both such fine and imprisonment. 
Source: R.C. 1895, s. 7200; R.C. 1899, s. 7200; R.C. 1905, s. 8935; 
C.L. 1913, s. 9629. 
23-0628, Arresting or Attaching Dead Body. Every person who 
arrests or attaches any dead body of a human being upon any debt 50 
STATE OF NORTH DAKOTA 
or demand whatever, or who detains or claims to detain it for any 
debt or demand or upon any pretended lien or charge, is guilty of a 
misdemeanor. 
Source: R.C. 1895, s. 7202; R.C. 1899, s. 7202; R.C. 1905, s. 8937; 
C.L. 1913, s. 9631. 
23-0629. Penalty for Violating Provisions Relating to Dissec- 
tions and General Penalty. Every person who violates any provi- 
sion of this chapter relative to the dissection of dead bodies of human 
beings, or who makes or procures to be made any dissection of the 
body of a human being except by authority of law or in pursuance 
of a permission given in accordance with the provision of this chapter 
is guilty of a misdemeanor. Every pei-son who violates any provision 
of this chapter which is not specifically designated as a misdemeanor 
or for the violation of which another penalty is not specifically pro- 
vided is punishable by a fine of not less than five dollars nor more 
than one hundred dollars. 
Source: R.C. 1895, ss. 7192, 7205; R.C. 1899, ss. 7192, 7205; R.C. 
1905, ss. 8927, 8940; C.L. 1913, ss. 9621, 9634. S.L. 1907, c. 270, s. 22; 
C.L. 1913, s. 455. 
Chapter 196. Embalmers, Undertakers and Coffin Sellers Re- 
ports. An act requiring all Embalmers, Undertakers, and Coffin- 
Sellers to Keep Records and Report Information to the State Regis- 
trar of Vital Statistics. Be it Enacted by the Legislative Assembly 
of the State of North Dakota: 
Section 1. Embalmers, Undertakers, and Coffin-Sellers to Keep 
Record. Every person, firm or corporation selling a casket is required 
to keep a permanent record showing the name of the purchaser, post- 
office address, name of deceased, date of death, and place of death, 
which record shall be open to inspection by the state registrar. 
Section 2. Embalmers, Undertakers, and Coffin-Sellers to Report 
to State Registrar of Vital Statistics. On the first day of each month, 
the person, firm or corporation selling caskets and every undertaker 
or other person attending to the burial or conducting the funeral of 
a dead person, is required to report to the state registrar such facts 
as he may require for the preceding month, on a blank provided for 
that purpose; provided, however, that no person, firm or corpora- 
tion selling caskets to dealers or undertakers only shall be required 
to keep such record. 
(Law of 1945) 
Chapter 195. Death Records, Certain Missing Persons. An Act 
to provide for the receiving as prima facie evidence in any court, 
office, or other place in this state, official findings, records, reports 
or certified copies thereof, of death, missing or other status, issued 
by the Secretaries of War and Navy and other federal officers and 
employees, and declaring an emergency. Be It Enacted by the Legis- 
lative Assembly of the State of North Dakota: PUBLIC HEALTH LAWS 
51 
Section 1. Written findings of presumed death, made by the Sec- 
retary of War, the Secretary of the Navy, or other officer or employee 
of the United States authorized to make such findings pursuant to 
the Federal Missing Persons Act, as now or hereafter amended, or a 
duly certified copy of such finding, shall be received in any court, 
office, qr other place in this state as prima facie evidence of the death 
of the person therein found to be dead, and the date, circumstances 
and place of his disappearance. 
Section 2. An Official written report or record or duly certified 
copy thereof, that a person is missing, missing in action, interned in 
a neutral country or beleaguered, beseiged or captured by an enemy, 
or is dead, or is alive, made by an officer or an employee of the 
United States authorized by the Act referred to in Section 1 or by 
any other law of the United States to make same, shall be received 
in any court, office, or other place in this state as prima facie evidence 
that such person is missing, missing in action, interned in a neutral 
country or beleaguered or captured by an enemy or is dead, or is 
alive as the case may be. 
Section 3. For the purposes of Sections 1 and 2 of this Act any 
finding, report or record, or duly certified copy thereof, purporting 
to have been signed by such an officer or employee of the United 
States as is described in said act, shall prima facie be deemed to have 
acted within the scope of his authority. If a copy purports to have 
been certified by a person authorized by law to certify the same, 
such certified copy shall be prima facie evidence of his authority so 
to certify. 
Section 4. Emergency. Whereas many doubtful situations exist 
with reference to members of the armed forces now in service this 
act is hereby declared an emergency measure and shall become and 
be in effect and in force immediately upon passage and approval by 
the Governor. 
(Law of 1945) 
Cross Reference; Punishment for misdemeanor, see s. 12-0614. 
Cross References to Chapter 23-06 
Burial of inmates of state institutions, see s. 12-4505. 
Burial of soldiers, sailors, or marines, see s. 37-1601. 
Cemetery corporations, see c. 10 of the title Corporations. 
Coroner’s inquest: disposition of body, see s. 11-1918. 
Coroner’s inquest: disposition of property found on body, see 
s. 11-1920. 
Disturbing funerals, see s. 12-2127. 
Injury to cemetery or tomb, see s. 12-2129. 
Power of city to regulate cemetery, see s. 40-0501, subs. 46. 
Power of village to regulate cemetery, see s. 40-0501, subs. 46. 52 
STATE OF NORTH DAKOTA 
PUBLIC HEALTH MISCELLANEOUS PROVISIONS 
23-1201. Disinfection of Second-Hand Goods. Before any per- 
son, firm, or corporation dealing in second-hand goods shall sell, 
exchange, offer for sale or exchange, or intend to sell or offer for 
sale or exchange, to the public in this state, any wearing apparel, 
bedclothes, second-hand furniture, or any article of any description 
ordinarily used in furnishing, equipping, or decorating a home, he 
shall disinfect thoroughly each and every such article in a manner 
approved by the state department of health. The department shall 
prescribe such rules and regulations as are necessary to secure pro- 
per disinfection of second-hand goods and the marking or tagging 
thereof to safeguard the public from contagious infection. 
Source: S.L. 1913, c. 134, s. 1; C.L. 1913, s. 2960. 
23-1202. Penalty for Not Disinfecting Second-Hand Goods. Any 
person violating any of the provisions of section 23-1201 is guilty of 
a misdemeanor and shall be punished by a fine of not less than 
twenty-five dollars nor more than one hundred dollars, or by im- 
prisonment in the county jail for not less than thirty days nor more 
than ninety days. 
Source: S.L. 1913, c. 134, s. 2; C.L. 1913, s. 2961. 
23-1203. Use of Public Drinking Cup Prohibited; Penalty. Any 
person in charge of any; 
1. Railroad Train; 
2. Railroad Station; 
3. Public, parochial, or private school, or other educational in- 
stitution; or 
4. Public building 
who furnishes or permits the common use of public drinking cups in 
such place is guilty of a misdemeanor and shall be punished by a 
fine of not more than twenty-five dollars for each offense. 
Source: S.L. 1913, c. 228, ss. 1, 2, 3; C.L. 1913, ss. 2952, 2953, 2954. 
Cross Reference: Common Drinking cup prohibited in hotels 
and restaurants, see s. 23-0909, subs. 17. 
23-1204. Permission to Establish Hospital in Residence Block 
of City Required. No hospital which treats patients for pay shall 
be established in any residence block of any city in this state unless 
the person, firm, or corporation proposing to establish the same shall 
file with the city auditor the written consent of the resident free- 
holders of such block. 
Source: S.L. 1907, c. 134, s. 1; C.L. 1913, s. 2812. 
Cross Reference: Power of city to control and regulate hospitals, 
see s. 40-0502, subs. 10. 
23-1205. Advertising Certain Cures and Drugs and Specializa- 
tion Prohibited; Penalty. Any person who shall: PUBLIC HEALTH LAWS 
53 
1. Advertise in his own name or in the name of another person, 
firm or pretended firm, association, or corporation or pre- 
tended corporation, in any newspaper, pamphlet, circular, or 
other written or printed paper, a claim or advertisement 
with regard to the treatment or curing of venereal diseases 
or the restoration of “lost manhood” or “lost vitality”; 
2. Permit any advertisement of the kind specified in subsection 
1 to be printed, inserted, or published in any newspaper or 
periodical of which he is the owner, publisher, or manager; 
3. Advertise in any manner that he is a specialist in diseases 
of the sexual organs, or in diseases caused by sexual weakness 
or self-abuse, or in any disease with like or similar causes; 
4. Advertise in any manner any medicine, drug compound, ap- 
pliance, or any means whatever whereby it is claimed that 
sexual disease of men and women may be cured or relieved, 
or miscarriage or abortion produced; 
5. Advertise in any manner any medicine or means whereby 
the monthly periods of women can be regulated or the menses 
reestablished if suppressed; or 
6. Publish, distribute, or cause to be published or distributed or 
circulated, any of the advertising matter mentioned in the 
preceding subsections of this section, 
shall be guilty of a misdemeanor and shall be punished by a fine of 
not less than fifty dollars nor more than five hundred dollars, or by 
imprisonment in the county jail for not more than six months. 
Source: S.L. 1909, c. 184, ss. 1, 2; C.L. 1913, ss. 9656, 9657. 
23-1206. Injury to Public Health; Penalty. Every person who 
willfully and wrongfully commits any act which grossly imperils 
the public health, although no punishment is expressly prescribed 
therefor, is guilty of a misdemeanor. 
Source: R.C. 1895, s. 7670; R.C. 1899, s. 7670; R.C. 1905, s. 9444; 
C.L. 1913, s. 10250. 
23-1207. Violation of Health Laws: General Penalty. Any per- 
son who willfully violates any provision of this title, if another pen- 
alty is not specifically provided for such violation or if the violation 
is not specifically designated as a misdemeanor, shall be punished by 
imprisonment in the county jail for not more than thirty days, or 
by a fine of not less than ten dollars nor more than fifty dollars, or 
by both such fine and imprisonment. 
Source: R.C. 1895, s. 274; R.C. 1899, s. 274; R.C. 1905, s. 287; 
C.L. 1913, s. 433. R.C. 1895, s. 7298; R.C. 1899, s. 7298; R.C. 1905, s. 9038; 
C.L. 1913, s. 9754. 
Cross References to Chapter 23-12 
Beverages, see c. 8 of the title Foods, Drugs, Oils, and Compounds. 
Cosmetics, regulations, see c. 9 of the title Foods, Drugs, Oils, 
and Compounds. 54 
STATE OF NORTH DAKOTA 
Dairy products, sale of, regulations, see c. 18 of the title Agri- 
culture. 
Eggs, sale of, regulations, see c. 7 of the title Foods, Drugs, Oils, 
and Compounds. 
Food establishments, regulations, see ss. 19-0218 to 19-0226, 
inclusive. 
Imitation ice cream, sale of, regulations, see c. 6 of the title Foods, 
Drugs, Oils, and Compounds. 
Killing of infected animals for butcher purposes prohibited, see 
s. 36-1402. 
Meat, sale of, regulations, see s. 19-0210. 
Narcotics, see c. 3 of the title Foods, Drugs, Oils and Compounds. 
Oleomargarine, sale of, see c. 5 of the title Foods, Drugs, Oils, 
and Compounds. 
Sale of adulterated or misbranded foods and drugs unlawful, 
see s. 19-0203. 
MISCELLANEOUS LAWS AFFECTING THE PUBLIC HEALTH 
BARBERS 
43-0411. Rules and Orders. The board may adopt and enforce 
all rules and orders necessary to carry out the provisions of this 
chapter: 
1. It may prescribe sanitary regulations for barber shops and 
barber schools. Such regulations shall be subject to the ap- 
proval of the state department of health. A copy of the rules 
and regulations adopted by the board and approved by the 
state department of health shall be furnished by the board 
to the owner or manager of every barber shop and barber 
school, and shall be posted by such owner or manager in a 
conspicuous place in such barber shop or barber school; 
Source: S.L. 1927, c. 101, s. 22, am’d. S.L. 1943, c. 93, s. 5. 
COMMON CARRIERS OF PERSONS 
8-0806. Vehicles To Be Disinfected; Misdemeanor. Every per- 
son, firm, corporation, or association engaged in the business of 
transporting passengers in or through this state in any car, coach, 
motor vehicle, airplane, or boat shall distinfect such car, coach, motor 
vehicle, airplane, or boat according to modern scientific rules for 
the prevention of the spread of contagious disease, not more than 
thirty days prior to its use in this state. Such common carrier shall 
keep posted in each and every car, coach, motor vehicle, airplane, 
or boat a printed placard and notice which shall show the time and 
place when the car, coach, motor vehicle, airplane, or boat was last 
disinfected. Any person, firm, corporation, or association, violating 
the provisions of this section is guilty of a misdemeanor and shall be 
punished by a fine of not more than one hundred dollars for each 
violation. 
Source: S.L. 1911, c. 247, ss. 1, 2, 3; C.L. 1913, ss. 2957, 2958, 2959. PUBLIC HEALTH LAWS 
55 
MOTOR CARRIERS 
49-1829. Medical Examination Required of Applicants; Renewal; 
Posting Certificate. Every applicant for the position of driver of a 
motor vehicle licensed under this chapter shall submit to a medical 
examination and shall procure a certificate from some reputable 
medical doctor showing: 
1. That such examination has been made and that such applicant 
is in good health and good physical condition; and 
2. That said applicant has good eyesight and is qualified and 
capable of driving and operating a motor vehicle on the high- 
ways of North Dakota in the transportation business, so far 
as his physical condition is concerned. 
Such physical examination shall be renewed annually thereafter and 
a certificate as to the condition of the driver issued thereon. No 
driver shall be permitted to operate a motor vehicle on the highways 
of this state for a common or contract carrier without submitting 
to the foregoing examination or without the doctor’s certificate as 
provided for herein. Such certificate at all times shall be kept in a 
conspicuous place in the vehicle while being operated by such driver. 
Source: S.L. 1935, c. 182, s. 1. 
49-1831. Cleaning of Livestock Vehicle by Common or Contract 
Motor Carrier, No common or contract motor carrier subject to this 
chapter, its officers or agents, transporting either intrastate or inter- 
state commerce, shall use for the transportation of goods for human 
consumption any motor vehicle which has been used for the trans- 
portation of livestock until such motor vehicle has been thoroughly 
cleansed and disinfected in such manner as shall be prescribed by 
the state board of health or the livestock sanitary board. 
Source: S.L. 1933, c. 164, s. 28. 
Cross Reference: Shipment of livestock, see c. 20 of the title 
Livestock. 
CRIPPLED CHILDREN BIRTH REPORTS 
50-1007, Birth Report of Crippled Child Made to State Agency. 
Within three days after the birth in this state of a child born with 
a visible congenital deformity, the licensed maternity hospital or 
home in which such child is born, or the legally qualified physician 
or other person in attendance at the birth of such child outside of a 
maternity hospital, shall furnish the state agency such reports as 
it may require concerning such child. 
Source: S.L. 1941, c. 242, s. 8. 
MATERNITY HOSPITAL REPORT BIRTHS 
50-1310. Every Birth Attended by Qualified Physician or Mid- 
wife; Births Reported to Board of Administration. Every birth oc- 
curring in a maternity hospital shall be attended by a legally quali- 56 
STATE OF NORTH DAKOTA 
fied physician or midwife. The licensee of the hospital shall report to 
the board of administration each birth occurring within the hospital. 
The report shall be made within twenty-four hours after the birth 
occurs and on blanks to be provided by the board for that purpose. 
Source: S.L. 1915, c. 183, ss. 8, 9, am’d. S.L. 1923, c. 164, s. 8; 
1925 Supp., s. 5099a8. 
Cross References: Attending physician, midwife, file birth cer- 
tificate, see s. 23-0212. 
Births and deaths registered, see s. 23-0208. 
Registration of midwife and physician, see s. 23-0237. 
FALSE ADVERTISING 
51-1201. False and Misleading Advertising Prohibited. No per- 
son, firm, corporation, or association with intent to sell, dispose of, 
increase the consumption of, or induce the public to enter into an 
obligation relative to, or to acquire title of interest in any food, drug, 
medicine, patent and proprietary product, merchandise, security, ser- 
vice, medical treatment, paint, varnish, oil, clothing, wearing apparel, 
machinery, or anything offered to the public, shall make, publish, 
disseminate, circulate, or place before the public, or directly or 
indirectly shall cause to be made, published, disseminated, circulated, 
or placed before the public in a newspaper or other publication, or 
in the form of a book, notice, handbill, poster, bill, circular, pamph- 
let, tab, label, letter, or in any other way, an advertisement which 
contains any assertion, representation, or statement of fact which is 
untrue, deceptive, or misleading regarding such food, drug, medicine, 
patent, and proprietary product, merchandise, security, service, medi- 
cal treatment, paint, varnish, oil, clothing, wearing apparel, machin- 
ery, or anything offered to the public. 
Source: S.L. 1913, c. 3, s. 1; C.L. 1913, s. 9989. 
Cross References: Advertisement of securities, when prohibited, 
see s. 10-0426. 
False and misleading advertising as to cosmetics prohibited, see 
s. 19-0905. 
51-1203. Enforcement of Provision Prohibiting False Advertise- 
ment. The state’s attorneys, sheriffs, peace officers, health officers 
and the state laboratories department shall enforce the provisions of 
section 51-1201 and shall have ingress to and egress from all places 
of business where it is believed that section 51-1201 is being violated. 
Source: S.L. 1913, c. 3, s. 2; C.L. 1913, s. 9990. 
Cross Reference to Chapter 51-12. 
Unlawful advertising as to use tax, see s. 57-4007. 
19-0202. Department to Establish Definitions, Rules, Regula- 
tions, and Standards of Foods and Drugs. The department shall fix, 
adopt, publish, and enforce definitions, rules, regulations, and stand- 
FOODS AND DRUGS PUBLIC HEALTH LAWS 
57 
ards of quality, purity, and strength of articles of food and drugs for 
which no definitions, rules, regulations, and standards are prescribed 
by law, for the purpose of: 
1. Securing uniformity, as far as practicable, in the laws of this 
state and of the federal government and the ordinances of 
municipalities within this state; 
2. Preventing fraud and deception in the manufacture, use, sale, 
and transportation of food; 
3. Preserving the public health; and 
4. Carrying out the intent of this chapter. 
Definitions, rules, regulations, and standards fixed, adopted, and 
published under the provisions of this chapter shall have the force 
and effect of law. 
Source: S.L. 1915, c. 200, s. 4; 1925 Supp., s. 2889a4, am’d. S.L. 
1923, c. 222, s. 18; 1925 Supp., s. 2889bl8. 
19-0203. Unlawful to Sell Adulterated or Misbranded Foods and 
Drugs. No person shall manufacture, sell, offer, or expose for sale or 
delivery, or have in his possession for sale or delivery, any article 
of food or drugs which is adulterated or misbranded, or which other- 
wise violates any provisions of this chapter or any rule or regulation 
issued pursuant thereto. 
Source: S.L. 1901, c. 4, s. 1, am’d. S.L. 1903, c. 6, s. 1, am’d. S.L. 
1905, c. 11, s. 1; R.C. 1905, s. 2118, am’d. S.L. 1907, c. 195, s. 1; C.L. 
1913, s. 2879, am’d. S.L. 1915, c. 200, s. 1; 1925 Supp., s. 2889al. S.L. 
1923, c. 222, s. 3; 1925 Supp., s. 2889b3. 
19-0204, Adulteration of Food; What Constitutes. For the pur- 
poses of this chapter, food shall be deemed to be adulterated; 
1. If any substance has been mixed or packed with it so as to 
lower, reduce, or injuriously affect its quality, strength, or 
fitness for consumption. 
2. If any substance has been substituted wholly or in part for 
the article; 
3. If any valuable constituent of the article has been abstracted 
in whole or in part; 
4. If it is mixed, colored, powdered, coated, stained, or other- 
wise treated in a manner whereby damage or inferiority is 
concealed or the article is made to appear better than it really 
is, or if it is so treated for the purpose of imitating another 
article of recognized quality; 
5. If it contains any poisonous or deleterious substance or ingred- 
ient, whether the same is naturally present in the food, or 
has been added thereto, which may render the article injur- 
ious or detrimental to health; 
6. If it consists in whole or in part of filthy, decomposed, or 
putrid animal or vegetable substance or of any portion of an 
animal unfit for food, or if it is the product of a diseased 
animal or one that has died otherwise than by slaughter; or 58 
STATE OF NORTH DAKOTA 
7. If it does not conform to the standard of purity or quality 
established for the article. 
Source: S.L. 1901, c. 4, s. 2, am’d. S.L. 1903, c. 6, s. 2, am’d. S.L. 
1905, c. 11, s. 3; R.C. 1905, s. 2119, am’d. S.L. 1907, c. 195, s. 2; C.L. 1913, 
s. 2880, am’d. S.L. 1915, c. 200, s. 3; 1925 Supp, s. 2889a3, am’d. S.L. 
1923, c. 222, s. 5; 1925 Supp, s. 2889b5, am’d. S.L. 1937, c. 132, s. 2. 
Cross Reference: Cream and milk adulteration prohibited, see 
s. 4-1845. 
19-0205. Adulteration of Drugs; What Constitutes. Fox' the pur- 
pose of this chapter, a drug shall be deemed to be adulterated: 
1. If, when a drug is sold under or by a name recognized in the 
United States Pharmacopoeia, the Homeopathic Pharma- 
copoeia of the United States, or the National Formulary, it 
differs from the standard of strength, quality, or purity as 
determined by the tests or methods of assay set forth therein. 
Whenever tests or methods of assay have not been prescribed 
therein, or whenever such tests or methods of assay as are 
prescribed are insufficient for the purpose of determining 
whether or not the drug complies with such standard, the 
drug may be examined by other recognized tests or methods 
of assay. No drug shall be deemed to be adulterated because 
it differs from the standard of strength, quality, or purity set 
foi’th in the United States Pharmacopoeia, the Homeopathic 
Pharmacopoeia of the United States, or the National Formu- 
lary, if the standard of strength, quality or purity of such 
drug is plainly stated on its label. Whenever a drug is recog- 
nized in both the United States Phai’macopoeia and the 
Homeopathic Pharmacopoeia of the United States, it shall be 
subject to the requirements of the United States Pharma- 
copoeia unless it is labeled and offered for sale as a homeo- 
pathic drug, in which case, it shall be subject to the provisions 
of the Homeopathic Pharmacopoeia of the United States and 
not those of the United States Pharmacopoeia. 
2. If, when a drug is sold under or by a name not recognized 
by the United States Pharmacopoeia, Homeopathic Pharma- 
copoeia of the United States, or National Formulary, its 
strength, quality, or purity falls below the professional 
standard of strength, quality, or purity under which it is 
sold; or 
3. If the drug contains any methyl alcohol, or if it consists in 
whole or in part of any filthy, decomposed, or putrid sub- 
stance, or if its container is composed in whole or in part of 
any poisonous or deletei'ious substance which may render 
it injurious to health. 
Source: S.L. 1923, c. 222, s. 5; 1925 Supp., s. 2839b5, am’d. S.L. 
1937, c. 132, s. 2. 
19-0208. Misbranding of Drugs; What Constitutes. For the pur- 
pose of this chapter, a drug shall be deemed to be misbranded; PUBLIC HEALTH LAWS 
59 
1. If it is an imitation of, or is offered for sale under the name 
of another article; 
2. If its container is made, formed, or filled so as to mislead 
the purchaser; 
3. If the contents of the package as originally put up have been 
removed, in whole or in part, and other contents placed in 
such package; 
4. If the package or label fails to bear a statement of the quan- 
tity or proportion of alcohol, or of any narcotic, or habit 
forming drug in the article, if any alcohol narcotic, or habit 
forming drug is contained therein; 
5. If the package or label bears or contains any statement, de- 
sign, or device regarding the curative or therapeutic effect of 
the article, or of any of the ingredients or substances contained 
therein, which is misleading, false, or fraudulent; 
6. When the article is in package form, if the name of the article 
together with the quantity of the contents thereof in terms 
of weight, measure, or numerical count are not plainly 
marked on the outside of the package; 
7. If it is dangerous to health when used in the dosage or with 
the frequency or duration prescribed in the labeling or 
advertising thereof; 
8. If it is not designated solely by a name recognized in the 
United States Pharmacopoeia, the Homeopathic Pharma- 
copoeia of the United States or the National Formulary, and 
its label fails to bear a common or usual name of the drug 
if such there be; 
9. If it is fabricated from two or more ingredients and the name 
of each active ingredient, and the quantity, kind, and propor- 
tion of any alcohol contained therein, is not given; 
10. If a statement of the ingredients contained in the drug is 
insufficient alone to prevent fraud or deception or to convey 
to the purchaser the true nature of the product, and the 
percentage of each ingredient, is not given; 
11. If its label fails to bear, plainly and conspicuously marked 
thereon, adequate directions for its use, or adequate warning 
against its use, under such pathological conditions, or by 
children, where its use may be dangerous to health, or if its 
label fails to contain adequate directions and cautions against 
unsafe dosage, methods, or duration of its administration or 
application; 
12. If its name is recognized in the United States Pharmacopoeia, 
the Homeopathic Pharmacopoeia of the United States, or of 
the National Formulary, or if it purports to be a drug the 
name of which is so recognized, and it is not packaged and 
labeled as prescribed therein; or 
13. If it is a drug liable to deterioration and it is not packaged 
in the form and manner, or if its label fails to bear a state- 60 
STATE OF NORTH DAKOTA 
ment of the precautions, required for the protection of public 
health. 
Source: S.L. 1923, c. 222, s. 6; 1925 Supp., s. 2889b6, am’d. S.L. 
1937, c. 132, s. 3. 
19-0210. Meats: Sale of: Regulations: Misdemeanor, The meat 
of an animal shall not be sold for human consumption unless it is 
the product of a healthy animal. Meat of an animal slaughtered dur- 
ing the period of heat, advanced pregnancy, or immediately preceding 
or following parturition, and the meat of a calf less than four weeks 
old shall not be sold for human food. Hogs or other animals to be 
slaughtered for food shall not be permitted to eat filthy, diseased, or 
decomposed food, nor shall they be kept in a filthy or insanitary 
place. Nothing contained in this section shall be construed to conflict 
with the law relating to the sale of infected meat or the rules and 
regulations issued pursuant thereto by the state livestock sanitary 
board. Any person who knowingly shall kill or cause to be killed, 
for the purpose of sale as food for man, any animal of the kind 
described in this section, or who knowingly shall have in his posses- 
sion with intent to sell the same as food for man the meat of any 
such animal, shall be guilty of a misdemeanor and shall be subject 
to the penalty hereafter provided in this chapter. 
Source: S.L. 1923, c. 222, s. 10; 1925 Supp., s. 2889bl0. R.C. 1895, 
s. 7650; R.C. 1899, s. 7650; R.C. 1905, s. 9420; C.L. 1913, s. 10207. 
19-0218. Food Establishment; Ventilation and Light Facilities 
for Convenience and Health of Employees and Patrons: Power of De- 
partment. The provisions for ventilation and lighting and the toilet 
and washroom facilities, such as towels, washbowls, and soap, and 
the cuspidors and other facilities for the convenience, health and 
safety of employees and patrons of any food establishment, shall be 
ample therefor and subject to the approval of the department as to 
their sufficiency, location, and condition. 
Source: S.L. 1923, c. 222, s. 13; 1925 Supp., s. 2889bl3. 
19-0219. Food Protected From Vermin: Presence of Vermin Ren- 
ders Establishment Insanitary. All doors and windows of a food 
establishment that may be opened or closed at will, during the fly 
season, shall be kept properly screened and flyproof. All foods kept, 
displayed, prepared, or offered for sale in any such place at all times 
shall be protected from contact with flies, roaches, ants, mice, rats, 
and other vermin or household pests. The presence of any such pests 
in a food establishment shall be deemed to render the same insanitary 
and the proprietor thereof liable to prosecution under this section. 
Source: S.L. 1923, c. 222, s. 13; 1925 Supp., s. 2889M3. 
19-0220. Person Affected With Contagious Disease Not Employed 
in Food Establishment; Examinations. No person who is affected 
with any contagious or infectious disease in a communicable form 
shall be employed, or permitted to remain as an employee, in any food PUBLIC HEALTH LAWS 
61 
establishment. If an inspector or agent of the department has reason 
to suspect that an employee in any such establishment is affected 
with any such disease, he may require a medical examination of sucn 
employee and a certificate of health with reference to him from the 
employer of such employee. The examination shall be made by a 
physician approved by the department, and the cost thereof shall be 
borne by the employer. If an employer fails to provide such a health 
certificate for himself or for an employee within a reasonable time 
after being notified to do so, he shall be deemed guilty of a misde- 
meanor. 
Source: S.L. 1923, c. 222, s. 13; 1925 Supp., s. 2889bl3. 
19-0221. Building or Vehicle in Which Food Is Prepared, Sold, 
Held, or Transported To Be Kept in Sanitary Condition. Every 
building or other structure and every vehicle of transportation in 
which there is manufactured, prepared, held, sold, used, or transported 
any food, drug, or product to be used in the preparation of any food 
or drug, shall be kept and maintained in a clean and sanitary condi- 
tion at all times. Food shall be kept covered, enclosed, or fully 
protected by other means at all times from avoidable contamination 
by any agencies that might serve to bring about or hasten its de- 
composition or that might render it filthy or infectious, poisonous, 
deleterious, or injurious to health. 
Source; S.L. 1923, c. 222, s. 13; 1925 Supp. s. 2889bl3. 
Cross References: Cream stations, regulations governing, see c. 
18 of the title Agriculture. 
Food markets, regulation by municipalities, see ss. 40-0501, subs. 
31, 40-0503. 
19-0222. All Facilities for Storing, Handling, Preparing Food, 
To Be Kept Sanitary. All buildings, shelves, counters, storage bins, 
floors, walls, ceilings, scales, stoves, machines, refrigerators and 
other facilities used for storing, handling, displaying, or preparing 
food products, shall be designed and well adapted for the purpose 
with strict regard for the principles of sanitation. 
Source: S.L. 1923, c. 222, s. 13; 1925 Supp., s. 2889M3. 
19-0223. Apparel of Employees in Food Establishment. The 
person and clothing of all employees in or about any food establish- 
ment shall be clean and when possible the personnel of such places 
shall be provided with special outer garments, aprons, white coats, 
or other apparel for use during the hours of employment. 
Source: S.L. 1923, c. 222, s. 13; 1925 Supp., s. 2889bl3. 
19-0224. Rooms in Which Food Stored, Prepared, or Sold Not 
To Be Used for Living Quarters. No room or rooms used for the 
storage, display, preparation, use, or sale of food shall be used as a 
sleeping, dressing, or living room, nor shall any sleeping, dressing, 
or living room be adjacent to, nor shall it open into, any such place, 62 
STATE OF NORTH DAKOTA 
nor shall dogs, cats, or other domestic animals be permitted to occupy 
such rooms. 
Source: S.L. 1923, c. 222, s. 13; 1925 Supp., s. 2889bl3. 
19-0225. Authority to Render Certain Foods Unsalable. When- 
ever the department or any of its authorized agents shall find in any 
room, building, vehicle of transportation, or other structure or 
place, any meat, sea food, poultry, vegetables, fruits, or other per- 
ishable articles intended to be sold or used for human consumption, 
which are filthy, decomposed, infected, or which contain or consist 
of putrid animal or vegetable substance, or which may be unsafe, 
unwholesome, poisonous, deleterious, or detrimental to health, such 
department or any inspector or agent thereof, forthwith shall seize, 
condemn, and destroy the same or in any other manner render the 
same unsalable as human food. 
Source: S.L. 1923, c. 22, s. 17; 1925 Supp. s. 2889bl7. S.L. 1935, 
c. 141, s. 2. 
19-0226. Food or Drug Used in Violation of this Chapter a Nui- 
sance; Abatement. Any article of food or any drug which is adult- 
erated, misbranded, insufficiently or improperly labeled, or any 
article of food which is poisonous, deleterious, or detrimental to 
health or which is held, used, or transported in violation of any 
provisions of this chapter or of any rules, regulation, standard, or 
definition issued pursuant thereto, is declared to be a nuisance, and 
the attorney general or any of his assistants, the state’s attorney of 
any county, or the department, may maintain an equitable action in 
the name of the state for abatement of any such nuisance. In such 
action, every person in whose possession such nuisance is found and 
the occupant, tenant, owner, manager, or person in charge of any 
building, vehicle of transportation, or other property in which the 
nuisance is found shall be made defendants. The action shall be 
instituted and tried in the manner in which other equitable actions 
are instituted and tried. 
Source: S.L. 1923, c. 222, s. 16; 1925 Supp., s. 2889bl6. 
Cross Reference: Abatement of common nuisance, see c. 2 of 
this title Nuisances. 
43-1514. Drugs, Poisons, Medicines, Chemicals; Who May Sell. 
No drug, poison, medicine, or chemical, except patent or proprietary 
preparations, shall be manufactured, compounded, sold, or dispensed 
in this state for medicinal use by any person other than a registered 
pharmacist, assistant registered pharmacist, or regularly licensed 
physician, nor shall any person except a registered pharmacist, as- 
sistant registered pharmacist, or a regularly licensed physician, dis- 
pense or compound a prescription of a medical practitioner except as 
provided in this chaptei. 
Source: S.L. 1907, c. 182, s. 1: C.L. 1913, s. 475. PUBLIC HEALTH LAWS 
63 
Cross References: Sale of narcotic drugs, see c. 3 of the title 
Foods, Drugs, Oils, and Compounds. 
Sale of poisons, see c. 4 of the title Foods, Drugs, Oils, and Com- 
pounds. 
43-1543. Pharmacist Negligently Endangering Life: Penalty. 
Any pharmacist or assistant pharmacist in this state, who in putting 
up any drug or medicine, willfully, negligently, or ignorantly; 
1. Omits to label the drug or medicine. 
2. Puts an untrue label, stamp, or other designation of contents 
upon the box, bottle, or package containing the drug or medi- 
cine; 
3. Substitutes a different article for an article prescribed or 
ordered; 
4. Puts up a greater or less quantity of an article than that pre- 
scribed or ordered; 
5. Deviates from the terms of the prescription or order in any 
manner, in consequence of which human life is endangered, 
is guilty of a misdemeanor. 
Source: R.C. 1895, s. 7302; R.C. 1899, s. 7302; R.C. 1905, s. 9042; 
C.L. 1913, s. 9758. 
19-0313. Record of Narcotics Used or Disposed of. Records of 
all narcotic drugs used or disposed of shall be kept in the manner 
prescribed by this section: 
1. Physicians, Dentists, Veterinarians, and Other Authorized Per- 
sons. Every physician, dentist, veterinarian, or other person 
who is authorized to administer or professionally use narcotic 
drugs, shall keep a record of such drugs received by him, and 
a record of all such drugs administered, dispensed, or pro- 
fessionally used by him otherwise than by prescription. It 
shall be deemed a sufficient compliance with this subsection, 
however, if any such person using small quantities of solu- 
tions or other preparations purchased or made up by him, 
and of the dates when purchased or made up, without keeping 
a record of the amount of each such solution or other prep- 
aration applied by him to individual patients. No record need 
be kept of narcotic drugs administered, dispensed, or profes- 
sionally used in the treatment of any one patient when the 
amount administered, dispensed or professionally used for 
that purpose does not exceed in any forty-eight consecutive 
hours: 
a. Four grains of opium; or 
b. One-half of r. grain of morphine or of any of its salts; or 
c. Two grains of codeine or of any of its salts; or 
d. One-fourth of a grain of heroin or of any of its salts; or 
e. A quantity of any other narcotic drug or any combination 
of narcotic drugs that does not exceed in pharmacologic 
potency any one of the drugs named above in the quantity 
stated. 64 
STATE OF NORTH DAKOTA 
2. Manufacturers and Wholesalers. Manufacturers and whole- 
salers shall keep records of all narcotic drugs compounded, 
mixed, cultivated, grown, or by any other process produced 
or prepared, and of all narcotic drugs received and disposed 
of by them, in accordance with the provisions of section 
19-0314. 
3. Apothecaries. Apothecaries shall keep records of all narcotic 
drugs received and disposed of by them, in accordance with 
the provisions of section 19-0314. 
4. Vendors of Exempted Preparations. Every person who pur- 
chases for resale, or who sells narcotic drug preparations 
exempted by section 19-0312 of this chapter, shall keep a 
record showing the quantities and kinds thereof received and 
sold, or disposed of otherwise, in accordance with the provi- 
sions of section 19-0314. 
Source: S.L. 1917, c. 117, s. 1; 1925 Supp., s. 2889cl. 
19-0315. Labels. Labels shall be affixed to all packages or re- 
ceptacles containing narcotic drugs sold or dispensed under the pro- 
visions of this chapter as follows: 
1. Whenever a manufacturer sells or dispenses a narcotic drug, 
and whenever a wholesaler sells or dispenses a narcotic drug 
in a package prepared by him, he shall securely affix to each 
package in which that drug is contained a label showing in 
legible English the name and address of the vendor and the 
quantity, kind, and form of narcotic drug contained therein. 
No person except an apothecary for the purpose of filling a 
prescription under this chapter, shall alter, deface, or remove 
any label so affixed. 
2. Whenever an apothecary sells or dispenses any narcotic drug 
on a prescription issued by a physician, dentist, or veteri- 
narian, he shall affix to the container in which such drug is 
sold or dispensed, a label showing his own name, address, and 
registry number, or the name, address, and registry number, 
of the apothecary for whom he is lawfully acting; the name 
and address of the patient, or, if the patient is an animal, the 
name and address of the owner of the animal and the species 
of the animal; the name, address, and registry number of the 
physician, dentist, or veterinarian, by whom the prescription 
was written; and such directions as may be stated on the 
prescription. No person shall alter, deface, or remove any 
label so affixed. 
19-0401. Selling Certain Enumerated Poisons: Regulated; Pen- 
alty. Every person who, at retail, without receiving a physician’s 
prescription specifying that such prescription shall contain a poison 
and giving the name thereof, sells, furnishes, gives away, or delivers 
to another: 
POISONS AND DELETERIOUS PREPARATIONS PUBLIC HEALTH LAWS 
65 
1. Arsenic or any preparation thereof, corrosive sublimate, white 
precipitate, red precipitate, biniodide of mercury, cyanide of 
potassium, hydocyanic acid, strychnia, or any other poison 
or vegetable alkaloid, or the salts thereof, or essential oil of 
bitter almonds; or 
2. Aconite, belladonna, colchicum, conium, formaldehyde, nux 
vomica, henbane, savin, ergot, cotton root, cantharides, creo- 
sote digitalis, or the pharmaceutical preparations of any of 
them, croton oil, chloroform, sulphate of zinc, mineral acids, 
carbolic acid, or oxalic acid, 
without affixing to the bottle, box, vessel, or package containing the 
same, the name of the contents, the word “poison,” and his name and 
place of business, is guilty of a misdemeanor. Any storekeeper, how- 
ever, may sell in original, unbroken packages, fungicides and insecti- 
cides, including formaldehyde and Paris green, generally used for 
agricultural purposes which have been designated as such by the 
state board of pharmacy. 
Source: R.C. 1895, s. 7282; R.C. 1899, s. 7282, am’d. S.L. 1903, 
c. 137, s. 1; R.C. 1905, s. 9022; C.L. 1913, s. 9737. R.C. 1895, s. 7283; 
R.C. 1899, s. 7283; R.C. 1905, s. 9023; C.L. 1913, s. 9738. S.L. 1907, c. 182, 
s. 29; C.L. 1913, s. 503, am’d. S.L. 1931, c. 212, s. 3. S.L. 1907, c. 182, 
s. 28; C.L. 1913, s. 502. R.C. 1895, s. 7303; R.C. 1899, s. 7303; R.C. 1905, 
s. 9043; C.L. 1913, s. 9759. R.C. 1895, s. 7304; R.C. 1899, s. 7304; R.C. 
1905, s. 9044; C.L. 1913, s. 9760. 
Cross Reference: Poisons may be sold or dispensed only by a 
licensed physician or registered pharmacist, see s. 43-1514. 
19-0403. Record To Be Kept of Poisons Dispensed; Examination 
of Record; Penalty. Every person who, at retail, sells, furnishes, 
gives away, or delivers to another any of the articles or preparations 
mentioned in section 19-0401 or any drug, chemical, or preparation 
which, according to the standard works on medicine or materia 
medica is liable, in quantities of sixty grains or less, to destroy adult 
human life, and who: 
1. Fails or neglects, before delivering the same, to enter or cause 
to be entered in a book kept for that purpose, the date of 
sale, the name and address of the person to whom the article 
or preparation is delivered or sold, the name, quantity, and 
quality of the article or preparation delivered or sold, and 
the name of the dispenser; or 
2. Fails, neglects, or refuses, during business hours, to exhibit 
such book, and every part thereof, for inspection, and to 
permit the same to be inspected, upon demand, by any physi- 
cian, coroner, sheriff, constable, or magistrate of the county. 
is guilty of a misdemeanor. 
Source: R.C. 1895, s. 7284; R.C. 1899, s. 7284; R.C. 1905, s. 9024; 
C.L. 1913, s. 9739. S.L. 1907, c. 182, s. 28; C.L. 1913, s. 502. R.C. 1895, 
ss. 7303, 7305; R.C. 1899, ss. 7303, 7305; R.C. 1905, ss. 9043, 9045; C.L. 66 
STATE OF NORTH DAKOTA 
1913, ss. 9759, 9761. R.C. 1895, s. 7304; R.C. 1899, s. 7304; R.C. 1905, 
s. 9044; C.L. 1913, s. 9760. 
19-0404. Distribution of Certain Drugs and Preparations Pro- 
hibited. No person, for the purpose of advertising or inviting or 
suggesting the use of any such article, shall leave, throw, or deposit 
upon the doorstep or premises of another, or within the dwelling, 
barn, or other building owned or occupied by another, without a 
special personal request, samples or any quantities of any of the 
following preparations: 
1. Patent or proprietary medicines; or 
2. Any preparation, pill, tablet, powder, capsule, cosmetic, dis- 
infectant, antiseptic, drug, medicine, or condiment that con- 
tains poison or any ingredient that is deleterious to health, or 
that contains an ingredient the name of which has to be 
printed upon the label or to be disclosed otherwise under any 
law of this state or of the United States. 
Source: S.L. 1903, c. 81, s. 1; R.C. 1905, s. 9452, am’d. S.L. 1913, 
c. 147, s. 1; C.L. 1913, s. 10260. 
HAIRDRESSERS AND COSMETOLOGISTS 
43-1111. Sanitary Rules. The board, with the approval of the 
state department of health, shall prescribe such sanitary rules as it 
may deem necessary to be employed to prevent the creating and 
spreading of infectious and contagious diseases. A hairdressing or 
cosmetician shop shall not be used for living or sleeping quarters. 
An operator may practice outside of such establishment under the 
direction and control of an owner or manager thereof under such 
regulations as the board may provide. 
Source: S.L. 1927, c. 157, s. 20. 
HOTELS, LODGINGHOUSES, RESTAURANTS, AND 
BOARDING HOUSES 
23-0902. State Laboratories Department to Enforce Provisions of 
Chapter. The state laboratories department shall enforce the provi- 
sions of this chapter. 
Source: I.M. June 23, 1938; S.L. 1939, c. 258, s. 1. 
23-0909. Sanitation and Safety. Every hotel, lodginghouse, 
boarding house, and restaurant shall be operated with strict regard 
for the health, safety, and comfort of its patrons. The following sani- 
tary and safety regulations shall be followed; 
1. Construction, Drainage, Plumbing, Every hotel, lodginghouse, 
boarding house, and restaurant shall be well constructed, 
drained, and provided with plumbing equipment according 
to established sanitary principles and shall be kept free from 
effluvia arising from any sewerage, drain, privy, or other 
source within the control of the proprietor; PUBLIC HEALTH LAWS 
67 
2. Lavatories, Baths, Sinks, Drains Connected With Sewerage. 
In municipalities in which a system of public water supply 
and sewerage is maintained, every hotel, lodginghouse, and 
restaurant shall be equipped with suitable toilets for the ac- 
commodation of its guests, and such toilets shall be ventilated 
and connected by proper means of flushing with the water of 
said system. All lavatories, bathtubs, sinks, drains, and the 
toilets shall be connected with such sewerage system. Separ- 
ate toilets shall be furnished for each sex, each being properly 
designated; 
3. Open Toilets. When a sewerage system is not available, open 
toilets shall be located not less than forty feet from all kitch- 
ens, dining rooms, and pantry openings and must be properly 
cleaned, screened, and disinfected as often as may be neces- 
sary to keep them in a sanitary condition. Separate open 
toilets shall be furnished for each sex, each being properly 
designated; 
4. Garbage and Kitchen Refuse. All garbage and kitchen refuse 
must be kept in watertight containers with tight fitting covers 
to prevent decomposition. No dishwater or other substance 
which is or may become foul or offensive shall be thrown 
upon the ground near any hotel or restaurant building; 
5. Bedrooms and Bedding. All bedrooms shall be kept free from 
vermin, and the bedding in use shall be clean and sufficient 
in quantity and quality. All sheets must be at least eight feet 
in length. In hotels or lodginghouses in which fifty cents or 
more per night is charged for lodging, the sheets and pillow- 
cases shall be changed after the departure of each guest, 
and it shall be unlawful to have upon a bed of any such 
hotel of lodginghouse a mattress of a lower grade than that 
commonly known to the trade as cotton felt combination. 
Each mattress shall weigh at least thirty-five pounds unless 
it is a hair mattress, in which case it shall weigh thirty pounds 
or more; 
6. Towels. Each guest in a hotel or lodginghouse shall be fur- 
nished with at least two towels; 
7. Towels in Public Washroom. Each hotel or restaurant shall 
keep in its main public washroom and available at all hours, 
individual towels or paper towels for the use of its guests; 
8. Cleaning Carpets. If bedrooms in a hotel or lodginghouse are 
carpeted, the carpets shall be taken up and thoroughly cleaned 
at least once each year; 
9. Fumigation When Guest Has Infectious or Contagious Disease. 
In all cases where a patient having an infectious or conta- 
gious disease has been confined in a hotel room, the room, 
upon removal of such patient, shall be closed and disinfected. 
Upon the completion of the disinfection, the certificate of a 
reputable physician to that fact shall be forwarded to the 
state laboratories department; 68 
STATE OF NORTH DAKOTA 
10. Ventilation. Each room in a hotel or lodginghouse shall be 
properly ventilated by at least one window and by a doorway 
leading into the hall. Every hotel and lodginghouse shall be 
equipped during the winter months with storm windows in- 
stalled in such a way that the same may be opened and closed 
at will. If storm windows having slides thereon are used, such 
slides shall open and close over an opening of not less than 
ten inches by ten inches; 
11. Screens During the Summer Months. All hotels, restaurants, 
lodginghouses, and boarding houses shall equip their win- 
dows during the summer months with screens adequate to 
keep out flies and mosquitoes; 
12. Hotel Kitchen or Dining Room Not Used for Sleeping Room. 
Neither the dining room nor kitchen of any hotel or restaur- 
ant shall be used as a sleeping or dressing room by any 
employee of the hotel or restaurant or by any other person; 
13. Disposition of Ashes. A metal container shall be provided to 
hold ashes when any ashes are stored in or around a hotel 
building; 
14. Cooking Utensils; Sanitation of Foodstuffs. No rusted tin or 
iron vessel or utensil shall be used in cooking food, and all 
foodstuffs shall be kept in a clean and suitable place, free 
from dampness and contact with dirty water; 
15. Dishes. No dishes that are badly cracked or chipped on the 
top or side, nor any chipped glasses, shall be used in any 
restaurant or boarding house; 
16. Sanitation of Kitchen. The floors, closets, cupboards, and 
walls of all kitchens shall be kept free from dirt at all times, 
and no dust or grease shall be allowed to collect thereon; 
17. Common Drinking Cup Prohibited. The use of the common 
drinking cup in hotels, lodginghouses, dining rooms, or res- 
taurants is prohibited. Water supplies for common drinking 
use shall be kept covered or protected at all times to avoid 
contamination from dust, dirt, and flies. 
Source: S.L. 1907, c. 135, s. 6, am’d. S.L. 1909, c. 141, s. 5, am’d. 
S.L. 1913, c. 184, s. 1; C.L. 1913, s. 2984, am’d. S.L. 1915, c. 170, s. 1; 
1925 Supp., s. 2984, am’d. S.L. 1929, c. 144, s. 6. 
Cross Reference: Board of health may destroy articles exposed 
to infection from contagious or infectious disease, see s. 23-0714. 
23-0910. Drinking Water Standards. Every person operating a 
hotel, restaurant, lodginghouse, or boarding house shall see that the 
drinking water supplies therein is pure and free from disease germs. 
The source of supply of such water must be far enough removed from 
open toilet vaults, barns, hogpens, chicken yards, manure piles, or 
other means of contamination to prevent drainage therefrom to the 
wells or other sources of supply. The water supply shall not contain 
bacteriological, chemical, or physical impurities which affect, or tend 
to affect, public health, shall meet the bacteriological standards of PUBLIC HEALTH LAWS 
69 
the United States public health service for waters used upon public 
or interstate common carriers, and shall be subject to examination 
by the state laboratories department. If it is unfit for drinking under 
these requirements, it either shall be improved to fulfill the stand- 
ards or the use thereof shall be discontinued. 
Source: S.L. 1907, c. 135, s. 16; C.L. 1913, s. 2994, am’d. S.L. 
1929, c. 144, s. 14. 
23-0911. Inspection; Records Kept. Every hotel, restaurant, 
lodginghouse, and boarding house shall be inspected once in each 
year by the state laboratories department. The Department and its 
inspectors are granted police power to enter any such establishment 
at reasonable hours to determine whether the provisions of this 
chapter are being complied with. The state laboratories department 
shall keep a complete set of books for public use and inspection 
showing the condition of each establishment inspected, the name of 
the proprietor thereof, and its sanitary condition, the number and 
condition of its fire escapes, and any other information which may 
be required for the betterment of the public service. 
Source: S.L. 1907, c. 135, s. 9; C.L. 1913, s. 2987, am’d. S.L. 1929, 
c. 144, s. 8. 
JUVENILE COURT 
27-1629. Care of the Child. When the health or physical condi- 
tion of any child under the jurisdiction of the court requires medical 
or surgical care, the court, by order, may have such child placed in 
a public or private hospital or institution for treatment or special 
care, subject, however, to the supervision and further order of the 
court. Expense of such care and treatment should be paid in the 
manner provided in sections 27-1623 and 27-1624. 
Source: S.L. 1911, c. 177, s. 12; C.L. 1913, s. 11413, am’d. S.L. 
1943, c. 212, s. 29. 
LIVESTOCK SALES RINGS 
36-0507. Sanitary Regulations of Livestock Sales Ring. Every 
livestock sales ring shall be maintained in a sanitary condition. Any 
portion thereof used for the handling of hogs, including all hog pens, 
alleys, and sales rings, shall be equipped with concrete floors at least 
three inches thick. Such floors shall be cleaned and disinfected after 
each sale, or in case of a continuous sale, not less than once each 
week or as often as may be prescribed by the state livestock sanitary 
board. 
Source: S.L. 1941, c. 9, s. 1, supplemental s. 23. 
36-1402. Killing of Infected Animal for Human Consumption 
Prohibited; Exception; Stamping of Infected Meat. No person shall 
kill for human consumption any animal infected, or suspected of 
being infected, with any contagious or infectious disease, nor shall 
he sell, give away, or use any part of such animal or its milk, nor 70 
STATE OF NORTH DAKOTA 
remove any part of its skin, except as the state livestock sanitary 
board may provide by lules and regulations. When it is lawful under 
the rules and regulations made by the state livestock sanitary board 
to sell, barter, or give away for human consumption the meat from 
any animal infected with a contagious or infectious disease, each 
quarter of meat shall be stamped or labeled in at least ten separate 
places with the words “infected meat.” No meat from any infected 
or diseased animal shall be placed upon the block or table on which 
uninfected meat is handled. The provisions of this section shall not 
apply to industries wnich are under the supervision of the United 
States department of agriculture, bureau of animal industry. 
Source; R.C. 1895, s. 1604; R.C. 1899, s. 1604; R.C. 1905, s. 2005, 
am’d. S.L. 1909, c. 162, s. 1, am’d. S.L. 1913, c. 204, s. 1; C.L. 1913, 
s. 2698, am’d. S.L. 1919, c. 179, s. 1; 1925 Supp., s. 2698. 
Cross Reference: Regulation of sale of meat by state laboratories 
department, see s. 19-0210. 
14-0304. Marriage Between White Person and Negro Person 
Void: Penalty. No white person residing or being in this state shall 
intermarry with any negro person. Every such marriage shall be void. 
Each of the contracting parties, upon conviction, shall be punished 
by imprisonment in the penitentiary for a term of not more than ten 
years, or by a fine of not more than two thousand dollars, or by both 
such fine and imprisonment. 
Source: S.L. 1909, c. 164, s. 1; C.L. 1913, s. 9582. 
MARRIAGE 
14-0307. Marriages Prohibited. Marriage by a woman under 
the age of forty-five years or by a man of any age, unless he marries 
a woman over the age of forty-five years, is prohibited if such man 
or woman is a common drunkard, an habitual criminal, an epileptic, 
an imbecile, a feeble-minded person, an idiot, an insane person, a 
person who has been afflicted with hereditary insanity, or a person 
afflicted with pulmonary tuberculosis in its advanced stages or with 
any contagious venereal disease. 
Source: S.L. 1913, c. 207, s. 1; C.L. 1913, s. 4373. 
14-0310. Marriage May Not Be Solemnized Without License; 
Residence Required. No person shall solemnize any marriage until 
the parties thereto shall produce a license issued not more than 
sixty days prior to the date of such marriage by the county judge of 
the county in which either of the contracting parties resides, or if 
such county is unorganized or disorganized, of the county to which 
it is attached for judicial purposes. 
Source: R.C. 1895, s. 2724; R.C. 1899, s. 2724; R.C. 1905, s. 4036, 
am’d. S.L. 1907, c. 172, s, 1; C.L. 1913, s. 4361, am’d. S.L. 1929, c. 160, 
s. 1, am’d. S.L. 1931, c. 179, s. 1, am’d. S.L. 1939, c. 162, s. 1. 
14-0312. Serological Test for Syphilis Required Before Applica- 
tion for License Filed. Before any county judge shall accept an PUBLIC HEALTH LAWS 
71 
application for a marriage license, each applicant must file with him 
a certificate from a duly licensed physician and surgeon stating that 
the applicant has been given a standard serological test and such 
other examination as may be necessary for the discovery of syphilis, 
and that in the opinion of the physician and surgeon the applicant 
is not infected with syphilis or that if so infected such disease is not 
in such a stage of development that it is or may become communicable 
to the marital partner. Such examination shall have been made not 
more than thirty days prior to the date of the application. No license 
shall be granted if either party is affected with syphilis in communi- 
cable form, and no person who is so afflicted is entitled to marry. 
Source: S.L. 1939, c. 162, s. 2. 
14-0313. Standard Serological Test Defined. A standard serolo- 
gical test shall be a laboratory test for syphilis approved by the 
state health officer and shall be performed by the state department 
of health, or by any other state public health laboratory approved by 
the state health officer. The county judge shall collect a fee of not 
to exceed fifty cents for each serological test performed in this state, 
which shall be paid by him into the state treasury monthly. State 
public health laboratories outside of the state of North Dakota which 
have been approved by the state health officer shall make their own 
arrangements as to the amount and manner of collecting their fees 
for the service. 
Source: S.L. 1939, c. 162, s. 5, am’d. S.L. 1943, c. 227, s. 1. 
14-0314. Serological Test; Contents of Laboratory Statement. 
The certificate of the physician and surgeon shall be accompanied 
by a statement from the person in charge of the laboratory making 
the test, or from some other person authorized to make the state- 
ment. The statement shall set forth the name of the test, the date 
it was completed, and the name and address of the person whose 
blood was tested. It shall not state the result of the test. The physi- 
cian’s certificate and the laboratory statement shall be on the same 
form sheet. A detailed report of the laboratory test showing the 
result of the test shall be transmitted by the laboratory to the physi- 
cian and surgeon, who shall file it with the state health officer, where 
it shall be held in absolute confidence and shall not be open to public 
inspection. Upon order of a judge of a court of competent jurisdiction, 
it shall be produced as evidence in a proceeding involving issues in 
which it is material and relevant. Nothing in this section shall affect 
the duty of physicians and others to report cases of syphilis discovered 
by them. 
Source: S.L. 1939, c. 162, ss. 4, 6. 
14-0315. When Serological Test Not Necessary. In cases of 
emergency or other cause shown by affidavit or other proof, the 
judge of the district court may make an order, on joint application 
of both parties, dispensing with the requirement for filing with the 72 
STATE OF NORTH DAKOTA 
county judge the physician’s certificate and the laboratory statement, 
or be may extend the time in which such examination shall have 
been made to not more than ninety days, if he is satisfied that neither 
the health of the individuals nor the public health and welfare will 
be affected injuriously. The order shall be accompanied by a memor- 
andum from the district judge reciting his reasons for granting the 
order. Applications for extensions may be made before or after the 
expiration of the thirty day period. The order and accompanying 
memorandum shall be filed with the county judge and he shall accept 
the application for the marriage license without the filing of the 
physician’s certificate and the laboratory statement, or he shall accept 
the application within the extended period, as the case may be. The 
county judge and his clerk and employees shall hold the memoran- 
dum of the district judge in absolute confidence. 
Source: S.L. 1939, c. 162, s. 3. 
14-0316. Physician’s Certificate and Laboratory Statement; Mis- 
representation; Penalty. Any person who shall misrepresent any of 
the facts called for by the physician’s certificate and the laboratory 
statement, any licensing officer who shall accept an application for 
a license without the physician’s certificate and laboratory statement 
unless they have been dispensed with by order of the district court, 
or who has reason to believe that the facts contained in said state- 
ments have been misrepresented and nevertheless issues a license, 
any health officer who shall not hold the laboratory record confi- 
dential, and any officer, clerk, or employee of the office issuing the 
license who shall not hold in strict confidence the statement of the 
district judge in granting the judicial order, shall be punished as 
provided in section 14-0328. 
Source: S.L. 1939, c. 162, s. 8. 
14-0317. Application for License. When application is made to 
any county judge of this state for a marriage license, he shall inquire 
of the applicant upon oath relative to the legality of the contem- 
plated marriage. He may examine other witnesses upon oath. The 
facts relative to the legality of the marriage may be submitted to the 
county judge by affidavit. The county judge also shall require each 
applicant to submit the following facts upon blanks provided by the 
county: 
1. An affidavit of some disinterested, credible person showing 
that the female i« over the age of eighteen years and the male 
is over the age of twenty-one years. If the female is under 
the age of eighteen years or the male is under twenty-one 
years, the county judge shall require the consent of the par- 
ents or guardian if any, to be given personally, or a certificate 
of consent signed by such parents or guardian and attested 
by two witnesses, one of whom shall appear before the judge 
and testify on oath that he saw the parents or guardian sign 
the certificate: PUBLIC HEALTH LAWS 
73 
2. An affidavit showing whether or not either or both of the 
parties have been divorced. If a decree of divorce has been 
granted to either or both of the parties a certified copy of 
the decree must be filed with the application. A license shall 
not be issued if it contravenes any provisions of the decree of 
divorce; 
3. An affidavit of a duly licensed physician other than the per- 
son seeking the license, showing that neither of the contract- 
ing parties is feeble-minded, an imbecile, an epileptic, an in- 
sane person, a common drunkard, or a person afflicted with 
pulmonary tuberculosis in its advanced stages or with any 
contagious venereal disease. For making the examination of 
either of the contracting parties and the affidavit, the physi- 
cian may charge a fee of not more than two dollars; and 
4. An affidavit of a disinterested, credible person that the appli- 
cants are not habitual criminals. 
All affidavits shall be subscribed and sworn to before a person au- 
thorized to administer oaths. The county judge shall retain on file in 
his office all papers and records pertaining to all marriage licenses. 
Anyone knowingly swearing falsely to the statements contained in 
any affidavit mentioned in this section shall be punished as provided 
in section 14-0328. 
Source: R.C. 1895, s. 2725; R.C. 1899, s. 2725; R.C. 1905, s. 4037, 
am’d. S.L. 1911, c. 186, s. 1; C.L. 1913, s. 4362. S.L. 1913, c. 207, ss. 3, 5; 
C.L. 1913, ss. 4375, 4377. S.L. 1917, c. 153, ss. 1, 2; 1925 Supp., ss. 
4362al, 4362a2. 
14-0318. License to and Marriage of Intoxicated Person Pro- 
hibited. A license for marriage shall not be issued to anyone under 
the influence of intoxicating liquor at the time of making application 
therefor. No marriage ceremony shall be performed when either or 
both of the contracting parties is under the influence of intoxicating 
liquor or any narcotic drug. 
Source: S.L. 1913, c. 207, s. 4; C.L. 1913, s. 4376. 
Cross Reference: For penalty, see s. 14-0328. 
14-0323. Marriage Registered With Bureau of Vital Statistics. 
After the county judge has recorded the marriage license and the 
certificate of the person performing the marriage ceremony, he shall 
transmit them to the registrar of vital statistics who shall record 
the same in a book of records in his office kept for that purpose, and 
when they have been recorded, he shall return them to the county 
judge. The registrar shall index his records and upon request shall 
issue certified copies of the recorded license and certificate for which 
he shall receive a fee of one dollar. He shall keep an accurate account 
of all fees received and shall turn the same over to the state treas- 
urer not later than the fifteenth of each month. The fees collected 
and turned over to the state treasurer shall be credited to the general 
fund. 74 
STATE OF NORTH DAKOTA 
Source: S.L. 1925, c. 162, s. 1; 1925 Supp., s. 4378al; S.L. 1925, 
c. 162, s. 2; 1925 Supp., s. 4378a2; S.L. 1925, c. 162, s. 3; 1925 Supp., 
s. 4378a3, am’d. S.L. 1931, c. 180, s. 1. 
14-0328. Penalty. Unless otherwise provided, any person vio- 
lating any of the provisions of this chapter shall be guilty of a mis- 
demeanor and upon conviction shall be punished by a fine of not 
less than fifty dollars nor more than five hundred dollars, or by 
imprisonment in the county jail for not less than thirty days nor 
more than one year, or by both such fine and imprisonment. 
Cross Reference to Chapter 14-03 
Damages for breach of promise to marry, see s. 32-0319. 
NUISANCE 
42-0101. Nuisance: Definition. A nuisance consists in unlaw- 
fully doing an act or omitting to perform a duty, which act or omis- 
sion: 
1. Annoys, injures, or endangers the comfort, repose, health, or 
safety of others; 
2. Offends decency; 
3. Unlawfully interferes with, obstructs, or tends to obstruct, 
or renders dangerous for passage, any lake, navigable river, 
bay, stream, canal, basin, public pai’k, square, street, or 
highway; or 
4. In any way renders other persons insecure in life or in the 
use of property. 
Source: R.C. 1895, s. 5056; R.C. 1899, s. 5056; R.C. 1905, s. 6641; 
C.L. 1913, s. 7228. 
42-0106. Public Nuisance; Definition. A public nuisance is one 
which at the same time affects an entire community or neighborhood 
or any considerable number of persons, although the extent of the 
annoyance or damage inflicted upon the individuals may be unequal. 
Source: R.C. 1895, s. 5057; R.C. 1899, s. 5057; R.C. 1905, s. 6642; 
C.L. 1913, s. 7229. 
Cross Reference: Barberry bushes and hedges public nuisances, 
see s. 63-0402. 
GOVERNING BODY IN MUNICIPALITIES 
GENERAL PROVISIONS 
40-0501. Powers of All Municipalities. The governing body of a 
municipality shall have the power: 
32. Dairy, Meat, and Food Products; Inspection and Regulation of 
Sale. To provide for the inspection of milk, cream, and butter 
sold within the limits of the municipality, and of any dairy 
or dairy herd kept for the production of such milk, cream, and 
butter; to prescribe the terms upon which sales of such milk, 
cream, and butter may be made to fix penalties for violation PUBLIC HEALTH LAWS 
75 
thereof; to prescribe regulations for the slaughtering of ani- 
mals to be sold as meat; and to prescribe generally sanitary 
and regulatory provisions as applied to food products sold 
within the limits of the municipality, and to prohibit the sale 
of impure and diseased milk or other food products. 
Source: S.L. 1923, c. 222, s. 20; 1925 Supp., s. 2889b20. S.L. 1905, 
c. 95, s. 16; R.C. 1905, s. 2105, am’d. S.L. 1907, c. 90, s. 17, am’d. S.L. 
1909, c. 92, s. 26; C.L. 1913, s. 2860. 
Cross References: Food establishments, regulations, see ss. 19-0218 
to 19-0225, inclusive. 
Meat, sale of, regulations, see s. 19-0210. 
Regulating sale of dairy products, see c. 18 of the title of Agri- 
culture. 
Rendering food unsalable, authority, see s. 19-0225. 
45. Health Regulations. To make regulations necessary or ex- 
pedient for the promotion of health or for the supression of 
disease; 
Source: R.C. 1895, s. 2148, subs. 60, am’d. S.L. 1897, c. 102, s. 1, 
subs. 59, am’d. S.L. 1899, c. 40, s. 1, subs. 59; R.C. 1899, s. 2148, subs. 
59, am’d. S.L. 1905, c. 62, s. 47, subs. 59; R.C. 1905, s. 2678, subs. 59; 
C.L. 1913, s. 3599, subs. 59, S.L. 1907, c. 45, s. 48, subs. 54, am’d. S.L. 
1911, c. 77, s. 48, subs. 54; C.L. 1913, s. 3818, subs. 54. 
Cross Reference: Contagious diseases, power of quarantine, see 
s. 23-0706. 
Establish temporary hospital, see s. 23-0713. 
Powers of local board of health, see s. 23-0501. 
Reportable diseases, regulations, see s. 23-0702 to 23-0705, in- 
clusive. 
61. Public Water Supply. To prevent the pollution of or injury 
to any water supply belonging to the municipality or any public 
water supply within, or within one mile of, the limits of the 
municipality. 
40-0502. Additional Powers of Cities. The city council in a 
city operating under the council form of government and the board of 
city commissioners in a city operating under the commission system 
of government, in addition to the powers possessed by all municipali- 
ties, shall have power: 
2. License Sale of Milk. To license the sale of milk; 
Source: R.C. 1895, s. 2148, subss. 37, 38, 39, am’d. S.L. 1897, c. 102, 
s. 1, subss. 36, 37, 38, am’d. S.L. 1899, c. 40, s. 1, subss. 36, 37, 38; R.C. 
1899, s. 2148, subss. 36, 37, 38, am’d. S.L. 1905, c. 62, s. 47, subss. 36, 
37, 38; R.C. 1905, s. 2678, subss. 36, 37, 38; C.L. 1913, s. 3599, subss. 
36, 37, 38. S.L. 1907, c. 45, s. 48, subss. 29, 30, 31, am’d. S.L. 1911, c. 77, 
s. 48, subss. 29, 30, 31, C.L. 1913, s. 3818, subss. 29, 30, 31. 76 
STATE OF NORTH DAKOTA 
10. Hospitals and Medical Dispensaries. To establish, control, 
and regulate hospitals and medical dispensaries; 
Source: R.C. 1895, s. 2148, subs. 59, am’d. S.L. 1897, c. 102, s. 1, 
subs. 58, am’d. S.L. 1899, c. 40, s. 1, subs. 58; R.C. 1899, s. 2148, 58, 
am’d. S.L. 1905, c. 62, s. 47, subs. 58; R.C. 1905, s. 2678, subs. 58; C.L. 
1913, s. 3599, subs. 58. S.L. 1907, c. 45, s. 48, subs. 53, am’d. S.L. 1911, 
c. 77, s. 48, subs. 53; am’d. C.L. 1913, s. 3818, subs. 53. 
Cross Reference: Permission to establish hospital in residence 
block of city required, see s. 23-1204. 
17. Water Supply. To withdraw from any stream watercourse, 
or body of water within or without a city, or within or without, 
or bordering upon this state, a supply of water reasonably suf- 
ficient for the needs of the inhabitants of the city, and to supply 
the facilities for the storage of water for all other necessary 
municipal purposes; 
Source: S.L. 1933, c. 175, s. 1, subs. 6. 
19. Water Supply; Acquire Necessary Property. To acquire by 
gift, grant, lease, easement, purchase, or by eminent domain, and 
to own, operate, maintain, and improve, all lands, structures, 
power plants, public works, and personal property, whether 
within or without this state necessary for the maintenance and 
conservation of its water supply; 
Source: S.L. 1933, c. 175, s. 1, subs. 6. 
40-0503. Cities Having Population of Fifteen Thousand May Pro- 
vide for Regulation and Inspection of Food Markets. The governing 
body of any city having a population of fifteen thousand or more may 
enact ordinances providing for the regulation and inspection of food 
markets, stores, and other places where food intended for human 
consumption is sold at retail, and may prohibit the operation of such 
food markets, stores, and other places on Sundays and legal holidays. 
Source: S.L. 1941, c. 201, s. 1. 
40-0601. Jurisdiction of Governing Body. Except as otherwise 
provided by law, a governing body of a municipality shall have jur- 
isdiction. 
2. In and over all places within one-half mile of the municipal 
limits for the purpose of enforcing health and quarantine 
ordinances and regulations and police regulations and ordi- 
nances adopted to promote the peace, order, safety, and gen- 
eral welfare of the municipality. 
Source: R.C. 1895, s. 2146; R.C. 1899, s. 2146, am’d. S.L. 1905, c. 62, 
s. 43; R.C. 1905, s. 2574; C.L. 1913, s. 3595. R.C. 1895, s. 2366; R.C. 
1899, s. 2366; R.C. 1905, s. 2865; C.L. 1913, s. 3864. 
40-2201. Power of Municipalities to Defray Expense of Improve- 
ments by Special Assessment. Any municipality, upon complying PUBLIC HEALTH LAWS 
77 
with the provisions of this chapter, may defray the expense of any 
or all of the following improvements by special assessments: 
1. The construction of a waterworks system, including the con- 
struction and erection of pumping stations, settling basins, 
filtration plants, standpipes, water towers, reservoirs, and 
other contrivances and structures necessary for a complete 
waterworks system; 
2. The construction of a sewer system, including the construc- 
tion and erection of all contrivances and structures, and the 
laying of all mains and pipes necessary for a complete sewer 
system; 
3. The laying, extending, enlarging, relaying, or replacing of 
water mains. 
Source: S.L. 1899, c. 41, s. 6; R.C. 1899, s. 23261 S.L. 1899, c. 42, 
s. 1; R.C. 1899, s. 2326u. S.L. 1897, c. 41, s. 4; R.C. 1899, s. 2326x, am’d. 
S.L. 1905, c. 62, ss. 137, 141; R.C. 1905, ss. 2772, 2776, am’d. S.L. 1911, 
c. 70, ss. 1, 3, am’d. S.L. 1913, c. 74, ss. 1, 3; C.L. 1913, ss. 3698, 3702. 
40-2202. Sewerage System; Establishment, Maintenance, and 
Alteration: Vote Required. The governing body of any municipality 
may establish, maintain, and alter a general system of sewerage for 
the municipality in such manner and under such regulations as it 
shall deem expedient and proper. No action shall be taken for the 
establishment of a sewerage system except upon the affirmative vote 
of two-thirds of the members of the governing body. When a sewer- 
age system is established, all measures necessary for the construc- 
tion of sewers as a part of that system may be taken by a vote of 
the majority of the governing body. 
Source: R.C. 1895, s. 2315, am’d. S.L. 1899, c. 41, s. 1; R.C. 1899, 
ss. 2315, 2328a, am’d. S.L. 1905, c. 62, s. 136; R.C. 1905, s. 2771, am’d. 
S.L. 1907, c. 229, s. 1; C.L. 1913, s. 3697. 
40-2204. Discharge of Sewage; Regulations Governing, Any 
municipality may empty or discharge its sewage into any river, but 
where a dam is located on such river within the corporate limits, the 
sewage shall be discharged below each dam. If no river into which 
to discharge the sewage is accessible, it may be discharged into a 
lake, coulee, or slough but in such cases, a septic tank system shall 
be employed for sewage from closets, kitchen sinks, or other fixtures 
carrying objectionable matter prior to discharging it into such lake, 
coulee, slough, or other outlet. Drainage from basements, cellars, or 
the surface may be discharged directly into the lake, coulee, slough, 
or other outlet, and any such drainage may be admitted directly into 
the main sewer system without first passing through the septic tank 
system. 
Source: R.C. 1895, s. 2315, am’d. S.L. 1899, c. 41, s. 1; R.C. 1899, 
ss. 2315, 2326a, am’d. S.L. 1905, c. 62, s. 136; R.C. 1905, s. 2771, am’d! 
S.L. 1907, c. 229, s. 1; C.L. 1913, s. 3697. 78 
STATE OF NORTH DAKOTA 
RENDERING PLANTS 
36-0704. Sanitary Requirements of Rendering Establishment. 
No rendering establishment or plant shall be deemed sanitary unless 
it conforms to the following specifications: 
1. All floors must be made of concrete; 
2. All openings must be screened to prevent the entrance of flies 
and insects; 
3. The building must be provided with good drainage and be 
thoroughly sanitary in every respect; and 
4. All collecting vats or tanks shall be air tight except for proper 
escapes for live steam for cooking, and such steam shall be 
reverted into a tank of water or into a firebox so as not to 
become an unnecessary annoyance or nuisance. 
Source: S.L. 1941, c. 19, s. 3. 
36-0705. Disposal of Waste and Sewage From Rendering Plants. 
No liquid waste, either from the rendering process or from washing, 
shall be discharged into any stream or water place, or upon the 
surface of the ground, nor shall such liquid waste be discharged in 
any manner which will contaminate any water supply or make the 
same unfit for human or livestock use. All sewage from washing 
floors and vehicles and liquid waste from the rendering process 
shall be disposed of in a manner satisfactory to the state livestock 
sanitary board. A rendering establishment which is situated so that 
all its waste can be disposed of into a city disposal plant may so 
dispose of it if permission is granted by the city. No such permit shall 
be granted by any city to any such plant or establishment which 
comes into existence after March 17, 1941 unless the same is equipped 
for dry rendering. 
Source: S.L. 1941, c. 19, s. 4. 
Cross Reference: Fouling public waters with dead animals or 
other refuse, see s. 61-0113. 
36-0706. Situation and Conduct of Rendering Plants Not to In- 
terfere With Comfort or Property of Citizens. All rendering plants 
or establishments shall be situated and conducted in such a manner 
as not to interfere with the comfort or property of the citizens of this 
state. 
Source: S.L. 1941, c. 19, s. 4. 
SCHOOLS, SCHOOL BUILDING, INSTRUCTION 
15-3501. School Buildings; Plans and Specifications; Approval 
hy Superintendent of Public Instruction. No building designed to be 
used in whole or in part, as a public school building shall be erected 
until a copy of the plans thereof has been submitted, by the person 
causing its erection or by the architect thereof, to the superintendent 
of public instruction who, for the purpose of carrying out the provi- 
sions of this chapter, is designated as inspector of public school PUBLIC HEALTH LAWS 
79 
building plans and specifications. The plans shall show in detail the 
ventilation, heating, and lighting of the buildings and the specifica- 
tions therefor. As a prerequisite to the approval of plans showing 
the methods or systems of heating and ventilation to be used in a 
school building, the specifications shall guarantee compliance with 
the requirements of section 15-3502. 
Source: S.L. 1911, c. 269, ss. 1, 2, 6; C.L. 1913, ss. 1489, 1490, 1494. 
15-3502. School Buildings: Construction. The superintendent of 
public instruction shall not approve the plans for any school building 
or addition thereto, unless the plans conform to the following re- 
quirements: 
1. They shall provide for at least twelve square feet of floor 
space and two hundred cubic feet of air space for each pupil 
to be accommodated in each study room or recitation room; 
2. They shall provide facilities which assure at least thirty 
cubic feet of pure air every minute per pupil and which warm 
the air to maintain an average temperature of seventy degrees 
Fahrenheit during the coldest winter weather, and the facili- 
ties for exhausting the foul or vitiated air shall be positive 
and independent of atmospheric changes; 
3. They shall provide for the admission of light from the left, 
or from the left and rear of the classrooms, and the total light 
area, unless strengthened by the use of reflecting lenses, shall 
be equal to at least twenty percent of the floor space; 
4. All ceilings shall be at least twelve feet in height; 
5. All halls, doors, stairways, seats, passageways, and aisles, and 
all lighting and heating appliances and apparatus shall be 
arranged to facilitate egress in case of fire or accident and to 
afford the requisite and proper accommodations for public 
protection in such cases; 
6. All exit doors shall open outwardly, and if double doors are 
used, they shall fasten with movable bolts operated simul- 
taneously by one handle from the inner face of the door; 
7. No staircase shall be constructed with wider steps in lieu of a 
platform but shall be constructed with straight runs, changes 
in direction being made by platform; 
8. No doors shall open immediately upon a flight of stairs, but 
a landing at least as wide as the door shall be provided be- 
tween the stairs and the doorway. 
Source: S.L. 1911, c. 269, s. 2; C.L. 1913, s. 1490. 
15-3503. Toilet Rooms; Construction. All toilet rooms con- 
structed in any public school building shall have outside ventilation 
and windows permitting free access of air and light. 
Source: S.L. 1911, c. 269, s. 3; C.L. 1913, s. 1491. 
15-3504. Ventilating Flues; Method of Construction. No wooden 
flue or wooden air duct for heating or ventilating purposes shall be 80 
STATE OF NORTH DAKOTA 
placed in any school building. No pipe for conveying hot air or steam 
in any such building shall be placed or left within one inch of any 
woodwork unless protected by suitable guards or casings of incom- 
bustible material. 
Source: S.L. 1911, c, 269, s. 5; C.L. 1913, s. 1493. 
15-3505. Exits Required in School Building. All schoolhouses 
having more than one schoolroom shall have the doors in the exits 
opening outward. All schoolhouses of more than one room shall be 
provided with an exit not less than four feet six inches in width. 
Source: S.L. 1913, c. 255, s. 1; C.L. 1913, s. 1200. 
Cross Reference: Construction of doors of public buildings, see 
s. 23-1304. 
15-3506. Construction of Fire Escapes. There shall be attached 
to every schoolhouse having more than one story a stationary fire 
escape guarded by an iron railing not less than two and one-half feet 
in height, with iron landings easily accessible from each schoolroom 
above the first floor. The landings shall be connected by iron stairs 
not less than three feet wide, with steps not less than six-inch tread, 
and protected by a well secured iron hand rail on both sides and 
reaching to the ground. The six-foot section immediately above shall 
be hinged to the main escape so that it may be swung out of the 
way when not in use. The superintendent of public instruction and 
the state fire marshall may authorize other adequate fire escapes to 
be used in lieu of those provided for in this section, or may dispense 
with the requirements as to fire escapes in fire proof buildings. 
Source: S.L. 1909, c. 124, s. 1, am’d. S.L. 1911, c. 266, s. 94, am’d. 
S.L. 1913, c. 255, s. 12; C.L. 1913, s. 1201. 
15-3508, Fireguards; Duty of School Board; Misdemeanor. Ev- 
ery school board or board of education in the state shall provide 
reasonable fireguards around the rural schools of the district. If any 
school board fails or neglects to provide the same the county super- 
intendent of schools shall notify the school board of its failure. 
After being so notified, it shall be a misdemeanor for any member 
of the board to draw or receive his compensation until fireguards 
have been provided. 
Source: S.L. 1915, c. 137, s. 3; 1925 Supp., s. 1494b3. 
15-3511. Doors in Schoolhouses To Be Unlocked and Fire Escapes 
Kept Clear. All doors in schoolhouses shall be kept unlocked from 
eight-thirty o’clock a.m. to four-thirty o’clock p.m. on school days. 
The way of egress to the fire escapes in every school building shall 
be kept free from all obstruction at all times. 
Source: S.L. 1913, c. 255, ss. 1, 2; C.L. 1913, ss. 1200, 1201. 
15-3512. School Buildings; Sanitation. Every public school 
building shall be kept clean and free from effluvia arising from a PUBLIC HEALTH LAWS 
81 
drain, privy, or nuisance, and shall be provided with a sufficient 
number of water closets, earth closets, or privies, and shall be 
ventilated in such a manner that the air shall not become so impure 
as to be injurious to health. 
Source: S.L. 1911, c. 269, s. 2, subs. 4; C.L. 1913, s. 1490, subs. 
4. R.C. 1895, s. 874; R.C. 1895, s. 874; R.C. 1899, s. 874; R.C. 1905, s. 
1038, am’d. S.L. 1911, c. 266, s. 290; C.L. 1913, s. 1403. 
Cross Reference: County Superintendent of health to enforce 
cleanliness of schools, see s. 23-0307, subs. 10. 
15-3513. Superintendent of Public Instruction May Order 
Change in Sanitary or Ventilating Systems, Appeal; Penalty. If it 
shall appear to the superintendent of public instruction that the sani- 
tary or ventilating system of any school building is defective or defi- 
cient and that such defect or deficiency can be remedied without 
unreasonable expense, he may issue a written order to the school 
board or board of education of the district in which the schoolhouse 
is situated directing that such defect or deficiency shall be remedied. 
The members of any board or any person having charge of any 
schoolhouse who shall neglect for four weeks after an order made by 
the superintendent under the provisions of this section is served 
upon such board or person to comply with such order shall be pun- 
ished by a fine of not less than one hundred dollars nor more than 
one thousand dollars. Any person feeling aggrieved by any order 
made by the superintendent of public instruction under this section 
may apply in writing, within four weeks after the service of the 
order, to the city or village board of health, in the case of a school 
located within a city or village, or to the county board of health in 
all other cases, for a review of the order, and may request that such 
order be amended or set aside. The board of health to which the 
application is directed shall afford a hearing upon the order upon such 
reasonable notice as it shall specify and may alter, annul, or affirm 
such order. 
Source: S.L. 1911, c. 269, s. 4; C.L. 1913, s. 1492. 
15-3515. Duty of Superintendent of Public Instruction to En- 
force Statutes. The provisions of this chapter shall be enforced by 
the superintendent of public instruction or some person designated 
by him for that purpose. 
Source: S.L. 1911, c. 269, s. 3; C.L. 1913, s. 1491. 
15-3517. Penalty for Violating Provisions of Chapter, Any per- 
son who shall violate any of the provisions of this chapter, and each 
member of any board concurring in any such violation by such 
board, shall be guilty of a misdemeanor and shall be punished by a 
fine of not less than twenty-five dollars nor more than one hundred 
dollars, unless another penalty is provided in this chapter for the 
specific violation. STATE OF NORTH DAKOTA 
82 
Source: S.L. 1909, c. 124, s. 3, am’d. S.L. 1911, c. 266, s. 96, am’d. 
S.L. 1913, c. 255, s. 4; C.L. 1913, s. 1203. 
15-3807. Required Subjects in the Public School. The following 
subjects shall be taught in the public schools to pupils who are suf- 
ficiently advanced to pursue the same; spelling, reading, writing, 
arithmetic, language, English grammar, geography, United States 
history, civil government, nature study, and elements of agricul- 
ture. Physiology and hygiene also shall be taught, and in teaching 
such subject, the teacher shall: 
1. Give special and thorough instruction concerning the nature 
of alcoholic drinks and narcotics and their effect upon the 
human system; 
2. Give simple lessons in the nature, treatment, and preven- 
tion of tuberculosis and other contagious and infectious dis- 
eases; 
3. Give, to all pupils below the high school and above the third 
year of school work, not less than four lessons in hygiene each 
week for ten weeks of each school year from text books 
adapted to the grade of the pupils; 
4. Give, to all pupils in the three lowest primary school years, 
not less than three oral lessons on hygiene each week for 
ten weeks of each school year, using text books adapted to 
the grade of the pupils as guides or standards for such in- 
struction. 
Source: R.C. 1895, s. 750; R.C. 1899, s. 750, am’d. S.L. 1905, c. 106, 
s. 2; R.C. 1905, s. 883, am’d. S.L. 1909, c. 204, s. 4, am’d. S.L. 1911, 
c. 266, s. 271; C.L. 1913, s. 1383. 
15-3809. Physical Education To Be Taught in All Schools, Phys- 
ical education shall be taught as a regular subject to all pupils in all 
departments of the public schools and in all educational institutions 
supported wholly or in part by money from the state. All school 
boards and boards of education and boards of educational institutions 
receiving money from the state shall make provision for daily instruc- 
tion in all the schools and institutions under their respective jurisdic- 
tions and shall adopt such methods as will adapt progressive physical 
exercises to the development, health, and discipline of the pupils 
in the various grades and classes of such schools and institutions. 
Source: S.L. 1899, c. 85, ss. 1, 2, R.C. 1899, s. 754a; R.C. 1905, 
s. 889, am’d. S.L. 1909, c. 102. ss. 1, 6, am’d. S.L. 1911, c. 266, s. 278; 
C.L. 1913, s. 1390. 
15-4722. Health Inspection of Pupils. Upon being petitioned in 
writing by a majority of the school directors of the county, the board 
of county commissioners may employ one or more licensed physicians, 
or graduate nurses duly registered and licensed to practice nursing 
under the laws of this state, whose duty it shall be to visit the 
schools in the county and to examine and inspect the pupils attending 
the schools. The school board or board of education of any school PUBLIC HEALTH LAWS 
83 
district, when petitioned to do so by a majority of the persons having 
children attending the schools of the district, may employ one or 
more licensed physicians, or graduate nurses duly registered and 
licensed to practice nursing in this state, to visit the schools in the 
district to examine and inspect the children attending such schools. 
Source: S.L. 1911, c. 266, s. 236; C.L. 1913, s. 1346, am’d. S.L. 
1915, c. 144, s. 1, am’d. S.L. 1917, c. 210, s. 1, am’d. S.L. 1919, c. 200, s. 1; 
1925 Supp., s. 1346, am’d. S.L. 1933, c. 230, s. 1. 
15-4723. Duty of County Board of Health as to School Buildings 
and Persons of School Age. When the county superintendent of 
schools shall report to the county board of health that a schoolhouse 
or school outbuilding is in an unsanitary or unsafe condition, or that 
any pupil or any person of school age is alleged to be defective in 
mind or body the board shall investigate the report without delay 
and shall direct the school board or board of education, or a person 
in charge of the alleged defective person, to take such action as shall 
be for the best interests of the persons immediately concerned. 
Source: S.L. 1907, c. 86, s. 2, am’d. S.L. 1911, c. 266, s. 80, am’d. 
S.L. 1913, c. 263, s. 1; C.L. 1913, s. 1186. 
23-1001. Definition. The term “tourist camp” as used in this 
chapter shall mean any plot of land used or maintained, or held out 
to the public as a place for use for camping purposes by transient 
guests, whether or not the same is equipped with tents, tent-houses, 
huts, or cottages, by whatever name the same may be called, and 
whether or not any fee is charged for the use thereof. 
Source: S.L. 1931, c. 299, s. 1. 
TOURIST CAMPS 
23-1002. State Laboratories Department to Make Regulations; 
Inspection. The state laboratories department shall have general 
supervision of the health and sanitary condition of all tourist camps 
in this state and may make, promulgate, and enforce such rules and 
regulations as may be necessary or desirable for the preservation of 
the same. The department and its inspectors shall have access to the 
premises of each tourist camp, and every part thereof, at such times 
as may be proper and reasonable for the inspection thereof. 
Source: S.L. 1931, c. 299, s. 5. 
23-1003. License Required; Application. No person, firm, or 
corporation, municipal or private, shall establish or maintain a 
tourist camp in this state without first obtaining a license therefor 
from the state laboratories department. The application for such 
license shall be made in writing to the department and shall state 
the location and type of the camp, the approximate number of guests 
for which facilities are to be furnished, the probable duration of use 
of the camp, the purposed water supply therefor, the proposed method 
of sewerage and garbage disposal, and such other information as may 84 
STATE OF NORTH DAKOTA 
be required by the department. Forms for such application shall be 
prepared by the department and distributed upon request. 
Source: S.L. 1931, c. 299, ss. 2, 3. 
23-1004. Inspection Before License Granted; Basis of Fees. As 
soon as possible after the receipt of an application, the state labora- 
tories department shall cause an inspection of the premises to be 
made, and if the department is satisfied from the application and 
inspection that existing or proposed tourist camp will not be a source 
of danger to the health of the guests of the camp or to the general 
public, it shall notify the applicant of its approval of such camp 
and of the amount of the fees for a license therefor. Fees shall be 
charged and collected upon the basis of the number of sleeping 
rooms available for use by guests for hire, whether in tents, tent 
houses, huts, cottages, or in any other building or buildings. A 
license fee, however, shall not be charged for any municipally 
owned and operated tourist camp. 
Source: S.L. 1931, c. 299, s. 4. 
23-1007. Garbage Disposal; Penalty. Suitable garbage contain- 
ers of a kind to be approved by the state laboratories department 
shall be provided at convenient points in each tourist camp for the 
disposal of garbage and refuse, and all garbage and refuse shall be 
deposited therein. Any person who shall throw or leave garbage 
or refuse of any kind upon the ground in any tourist camp shall be 
guilty of a misdemeanor and shall be punished by a fine of not 
more than twenty-five dollars. 
Source: S.L. 1931, c. 299, s. 6. 
23-1008. Sickness in Tourist Camps; Penalty for Failure to Re- 
port. Every guest of a tourist camp immediately shall report to the 
person in charge of the camp, or to the local or state health authori- 
ties, every case of sickness in his or her tent, tent-house, hut, cottage, 
or sleeping room. Any person who shall fail to make such report 
shall be guilty of a misdemeanor and shall be punished by a fine of 
not more than twenty-five dollars. 
Source: S.L. 1931, c. 299, s. 7. 
23-1010. Posting Rules and Regulations. The owner or keeper 
of a tourist camp shall post in one or more conspicuous places in 
the camp a notice of the provisions of this chapter with reference to 
sanitation and health and of any and all rules and regulations with 
reference thereto promulgated by the state laboratories department. 
At least two copies of such notice shall be furnished to each tourist 
camp by the department. 
Source: S.L. 1931, c. 299, s. 12. PUBLIC HEALTH LAWS 
85 
STATE INSTITUTIONS 
25-0101. Definitions. In this title, unless the context or subject 
matter otherwise requires: 
1. “Insane” includes any species of insanity or mental derange- 
ment except such as may be of a temporary character and as 
fairly may be expected to be cured within a reasonable time; 
2. “Feeble-minded person” means any person, minor or adult, 
other than an insane person, who is so defective mentally as 
to be incapable of managing himself and his affairs and as to 
require supervision, control, and care for his own or the 
public’s welfare; 
3. “Idiot” is restricted to a person supposed to be naturally 
without a mind; 
4. “State Hospital” shall mean the state hospital for the insane; 
5. “State School” shall mean the Grafton state school for the 
feebleminded; 
6. “State Sanatorium” shall mean the North Dakota State Tu- 
berculosis Sanatorium; 
7. “Blind asylum” shall mean the North Dakota blind asylum; 
8. “School for the deaf” shall mean the school for the deaf and 
dumb of North Dakota; 
9. “Board” shall mean the board of administration; 
10. “Superintendent” shall mean the superintendent of the state 
hospital, of the state school, of the state sanatorium, of the 
blind asylum, or of the school for the deaf, as the case may be. 
Source: R.C. 1895, s. 1532; R.C. 1899, s. 1532; R.C. 1905, s. 1909; 
C.L. 1913, s. 2567, am’d. S.L. 1937, c. 142, s. 6. S.L. 1931, c. 146, s. 1. 
54-2319. Record of Board of Persons in Institutions. The board 
of administration shall keep in its office a record showing; 
1. The residence, sex, age, nativity, occupation, religion, civil 
condition, and date of entrance or commitment of every per- 
son, patient, inmate, or convict in the institutions under the 
control and management of the board; 
2. The date of discharge of every person from the institutions 
under the control and management of the board, and whether 
such discharge was final; 
3. The condition of the person at the time he left the institution; 
4. If a person is transferred from one institution to another and 
to what institution transferred; and 
5. If a person, patient, inmate, or convict of an institution under 
the control and management of the board dies, the date and 
cause of death. 
This information shall be furnished to the board by the several in- 
stitutions under its control. Such other obtainable facts shall be 
furnished as the board, from time to time, may require. No one but 
a member, the secretary, or a proper clerk of the board shall have 
access to the record except by the consent of the board, or on the 
order of a court record. 86 
STATE OF NORTH DAKOTA 
Source; S.L. 1911, c. 62, s. 21; C.L. 1913, s. 256. 
54-2320. Entrance and Discharge Record of Persons to Institu- 
tions Sent to Board of Administration. The managing officer of each 
institution under the control and management of the board, within 
ten days after the commitment or entrance of a person, patient, in- 
mate, or convict to the institution, shall cause a true copy of his 
entrance record to be made and forwarded to the office of the board. 
When a patient or inmate leaves, or is discharged, transferred, or dies 
in an institution, the superintendent or person in charge, within ten 
days thereafter, shall send such information to the office of the 
board. All such information shall be furnished on forms which the 
board may prescribe. 
Source: S.L. 1911, c. 62, s. 21; C.L. 1913, s. 256. 
23-0801. Board of Examiners Appointed by Board of Adminis- 
tration. For the purpose of carrying into effect the provisions of 
this chapter, the board of administration shall appoint, upon the 
recommendation of the state board of examiners, three competent 
physicians and surgeons to act as a board of examiners. Each member 
of such board shall serve during the pleasure of the board of admin- 
istration. The board of examiners shall choose one of its members to 
act as chairman, and one member to act as secretary. 
Source: S.L. 1927, c. 263, s. 2. 
STERILIZATION 
23-0803. Heads of State Institutions Report Persons Who Should 
Be Sterilized to Board of Examiners. The warden, superintendent, 
or other head of the penitentiary, the state hospital for the insane, 
the state training school, and the Grafton state school shall report 
quarterly to the board of examiners each feeble-minded, insane, and 
epileptic person and each habitual criminal, moral degenerate, and 
sexual pervert within his institution who is a potential pi’oducer of 
offspring and who, because of the inheritance of inferior or antisocial 
traits, probably would become social menaces or wards of the state. 
The criminals who shall come within the operation of the provisions 
of this chapter shall be those who are moral degenerates and sexual 
perverts or who are addicted to the practice of sodomy, the crime 
against nature, or to other gross, bestial, and perverted sexual habits 
and practices prohibited by statute. 
Source: S.L. 1927, c. 263, ss. 1, 12. 
23-0804. Investigation by Board of Examiners. The board of 
examiners shall examine the inmate traits, the mental and physical 
condition, the personal record, and the family traits and history of 
each person reported to it by the head of any state institution as 
provided in this chapter. For this purpose, the board may summon 
and examine witnesses. 
Source: S.L. 1927, c. 263, s. 3. PUBLIC HEALTH LAWS 
87 
23-0805. Inmate Entitled to Hearing; Notice. Before an order 
is made adjudging an inmate of any state institution to be a proper 
subject for sterilization, such inmate shall be entitled to a hearing 
before the board of examiners upon reasonable notice. The notice of 
hearing shall be in writing and shall be served upon the inmate 
personally in all cases, and in addition, in the case of an insane or 
feeble-minded person, upon his legal guardian, and, if none has been 
appointed, upon his next of kin residing in the state. In the case of 
a minor, such notice also shall be served upon his parents or guar- 
dian. At the hearing, the inmate, or any person appearing for him, 
shall be entitled to offer evidence, in the nature of expert testimony 
or otherwise, to show that he is not a proper subject for sterilization. 
Source: S.L. 1927, c. 263, s. 4. 
23-0806. When Sterilization Ordered. If, in the judgment of 
all the members of the board of examiners, procreation by any person 
reported to it under the provisions of this chapter would produce 
children with inherited tendency to feeble-mindedness, insanity, epi- 
lepsy, criminality, or degeneracy, and there is no probability that the 
condition of the person so examined will improve to such an extent 
as to render procreation by any such person advisable, or if the phys- 
ical or mental condition of any such person will be substantially 
improved by sterilization, the board, after the examination and 
hearing, shall make an order requiring the person to be sterilized. 
Source: S.L. 1927, c. 263, s. 3. 
23-0807. Findings of Board; Where Filed; Order Requiring Ster- 
ilization To Be Served on Inmate. After completing the examination 
and hearing, the board of examiners shall make separate written 
findings for each of the inmates examined by it. Such findings shall 
be preserved in the records of the board, and a copy thereof shall be 
furnished to the superintendent or head of the institution in which 
the inmate is confined. If an operation is deemed necessary by the 
board, a copy of its order forthwith shall be served on the inmate, 
and in case said inmate is an insane, or feeble-minded person, upon 
his legal guardian, if any, and if there is none, then upon his nearest 
kin within the state. In case such inmate is a minor, such order also 
shall be served upon his parents or guardian. 
Source: S.L. 1927, c. 263, s. 6. 
23-0808. Appeal From Sterilization Order; Time; Notice; Pro- 
cedure Stayed. Any inmate named in an order requiring his sterili- 
zation, or the guardian of any such inmate who is under guardian- 
ship, or the guardian or parent of any such inmate who is a minor, 
may appeal from such order to the district court of the county and 
judicial district in which the institution in which the inmate is con- 
fined is situated. Notice of such appeal shall be filed with the 
secretary of the board of examiners within fifteen days after the 
notice of the board’s order is served in the manner provided in this 88 
STATE OF NORTH DAKOTA 
chapter. The notice of appeal shall stay the proceedings of the board 
until the appeal is heard and determined. No sterilization operation 
shall be performed upon any person until the time for an appeal 
from the order of the board has expired. 
Source: S.L. 1927, c. 263, s. 7. 
23-0809. Certification of Record on Appeal: Appeal Tried De 
Novo: Appointment of Attorney: Duty of State’s Attorney. The sec- 
retary of the board of examiners within fifteen days after a notice 
of appeal from an order of the board is served upon him, or within 
such further time as the court may allow, shall transmit a certified 
copy of the notice of appeal and the findings and order of the board 
and a transcript of its proceedings in the matter to the clerk of the 
district court to which the appeal is taken. On the appeal, the entire 
matter shall be tried de novo by the court. If the person taking the 
appeal does not have sufficient financial means to employ an 
attorney, the court shall appoint an attorney to represent him, and 
such attorney shall be compensated upon the order of the court as 
in the case of an indigent defendant in a criminal proceeding. The 
state’s attorney of the county in which the trial of the appeal is had 
shall represent the board. 
Source: S.L. 1927, c. 263, s. 8. 
23-0810. Order of Court on Appeal. If the court shall affirm 
the findings of the board of examiners, it shall enter a judgment 
adjudging that the order of the board shall be carried out. If the 
court fails to affirm the decision of the board from which the appeal 
is taken, the order shall be null and void and of no further effect. 
Source: S.L. 1927, c. 263, s. 9. 
23-0811. When Head of Institution to Cause Operation for Ster- 
ilization To Be Performed. Upon the receipt of the order from the 
board of examiners, the superintendent or head of the institution to 
which it is directed, after the time for appeal has expired, or if an 
appeal was taken from the order, upon the entering of a judgment 
affirming the order, shall perform or cause to be performed such 
surgical operation for the sterilization of the inmate named in such 
order as may be specified therein. The operation shall not under any 
circumstances be by castration or ovariotomy except when the 
organs are diseased. All such operations shall be performed with due 
regard for the physical condition of the inmate and in a safe and 
humane manner. 
Source: S.L. 1927, c. 263, s. 10. 
23-0812. Surgeon Not Liable Except for Negligence. No sur- 
geon performing any operation provided for in this chapter shall be 
held criminally liable therefor, nor civilly liable for any loss or 
damage on account thereof, except in the case of negligence in the 
performance of such operation. 
Source: S.L. 1927, c. 263, s. 11. PUBLIC HEALTH LAWS 
89 
23-0813. Records of Board of Examiners. The board of exam- 
iners shall keep all files and records in any proceeding had under 
the provisions of this chapter with full minutes of all meetings of 
the board. The secretary of the board shall be the custodian of all 
records and files pertaining to proceedings had by the board. 
Source: S.L. 1927, c. 263, s. 15. 
23-0814. Chief Medical Officer to Report to Board of Examiners. 
The chief medical officer of any institution in which any sterilized 
inmate is confined shall make careful observations of such inmate, 
particularly with the view of ascertaining the effect of such operation 
upon the moral, mental, and physical condition of the sterilized per- 
son, and annually shall make a written report to the board of exam- 
iners on such person. He shall keep a copy of all such reports on 
file with the records of the institution. 
Source: S.L. 1927, c. 263, s. 16. 
23-0815. Purpose of Sterilization: Not Used as Punitive Measure. 
The purpose of an examination, findings, and order of the board of 
examiners provided for in this chapter shall be the betterment of 
the physical, mental, neural, or psychic condition of the inmate, or 
the protection of society from the menace of procreation by said 
inmate, and shall not in any manner be used as a punitive measure. 
No person shall be sterilized under the authority of this chapter 
unless such operation shall be found to be necessary to improve the 
physical, mental, neural, or psychic condition of the inmate or to 
prevent such inmate from producing offspring that would become 
a menace to society or a ward of the state. 
Source: S.L. 1927, c. 263, s. 5. 
61-0112. Fouling Waters With Gas Tar or Other Refuse: Penalty. 
Every person who throws or deposits any gas tar or refuse of any gas 
house or factory into any public waters, river, or stream, or into any 
sewer or stream emptying into any such public waters, river, or 
stream, is guilty of a misdemeanor. 
Source: R.C. 1895, s. 7291; R.C. 1899, s. 7291; R.C. 1905, s. 9031; 
C.L. 1913, s. 9747. 
WATER 
61-0113. Fouling Public Waters With Dead Animals or Other 
Refuse. Every person who deposits or places, or causes to be de- 
posited or placed, any dead animal, offal, or other refuse matter 
offensive to the sight or smell or deleterious to health, upon the 
banks or in the waters of any lake or stream so far as the same is 
within the jurisdiction of this state, is guilty of a misdemeanor, and 
shall be punished by a fine of not less than twenty dollars nor more 
than one hundred dollars. 
Source: R.C. 1895, s. 7653; R.C. 1899, s. 7653; R.C. 1905, s. 9423; 
C.L. 1913, s. 10225. 90 
STATE OF NORTH DAKOTA 
61-0114. Fouling Public Water; What Included. The provisions 
of section 61-0113 shall be construed to include: 
1. Privies and privy vaults; 
2. Any stable, shed, pen, yard, or corral wherein is kept any 
horse, bovine, sheep, or swine and located nearer than sixty 
feet from the top of the bank of such lake or stream; and 
3. Any slaughterhouse, grave, graveyard, or cemetery located 
nearer than eighty feet from any lake or stream. 
The provisions of this section shall not be construed to prevent any 
city within this state from running its sewers into any river, but 
where there is a dam across said river within the corporate limits of 
the city, any such sewer shall connect with such river below the dam. 
Source: R.C. 1895, s. 7654; R.C. 1899, s. 7654; R.C. 1905, s. 9424; 
C.L. 1913, s. 10226. 
WATER CONSERVATION COMMISSION 
61-0214. Powers and Duties of the Water Conservation Commis- 
sion. The commission shall have full and complete power, authority, 
and general jurisdiction: 
1. To investigate, plan, regulate, undertake, construct, establish, 
maintain, control, and supervise all works, dams, and projects, 
public and private which in its judgment may be necessary 
or advisable; 
a. To control the low-water flow of the streams in the state; 
b. To impound water for the improvement of municipal and 
rural water supplies; 
c. To control and regulate flood flow in the streams of the 
state to minimize the damage of such flood waters; 
d. To conserve and develop the waters within the natural 
water-shed area of the state; 
e. To improve the channels of the streams for more efficient 
transportation of available water in the streams; 
f. To provide sufficient water flow for the abatement of 
stream pollution; 
g. To develop, by restoration and stabilization, the water 
areas of the state for recreation and wildlife conservation; 
h. To promote the maintenance of existing drainage channels 
in good agricultural lands and to construct any needed 
channels; 
i. To provide more satisfactory subsurface water supplies for 
the smaller villages of the state; 
j. To finance the construction, establishment, and mainten- 
ance of public and private works, dams, and irrigation 
projects, which in its judgment may be necessary and 
advisable; 
k. To provide for the storage, development, diversion, deliv- 
ery, and distribution of water for the irrigation of agri- 
cultural land; PUBLIC HEALTH LAWS 
91 
l. To provide for the drainage of lands injured by, or suscep- 
tible of injury from, the utilization of irrigation water; 
m. To provide water for stock; and 
n. To provide water for mining and manufacturing purposes. 
2. To define, declare, and establish rules and regulations; 
a. For the sale of waters and water rights to individuals, 
associations, corporations, and political subdivisions of the 
state, and for the delivery of water to users; 
b. For the full and complete supervision, regulation, and 
control of the water supplies within the state; and 
c. For the complete supervision and control of acts tending 
to pollute watercourses, for the protection of the health 
and safety of all the people of the state. 
3. To exercise full power and control of the construction, opera- 
tion, and maintenance of works and the collection of rates, 
charges, and revenues realized therefrom; 
4. To sell, lease, and otherwise distribute all waters which may 
be developed, impounded, and diverted by the commission 
under the provisions of this chapter, for the purpose of irri- 
gation, the development of power, and the watering of live- 
stock, and for any other private or public use; and 
5. To exercise all express and implied rights, power, and author- 
ity, that may be necessary, and to do, perform, and carry out 
all the expressed purposes of this chapter and all of the 
purposes reasonably implied incidentally thereto or lawfully 
connected therewith. 
Source: S.L. 1937, c. 255, s. 8, am’d. S.L. 1939, c. 256, s. 8. 
61-0215. Provisions of Chapter Not to Limit or Deprive Health 
Department of Authority. The provisions of this chapter shall not 
be construed to limit or deprive the state department of health of its 
jurisdiction to prevent the pollution of the water of streams, water- 
courses, or underground waters, or to prevent the pollution of waters 
wherever found. The commission shall not declare waters to be 
polluted without a finding to that effect by the state department of 
health, and the provisions of this chapter shall not be construed as 
repealing or limiting any of the public health laws of the state or 
regulations of the state department of health adopted pursuant 
thereto and in conformity therewith. 
Source: S.L. 1937, c. 255, s. 8, am’d. S.L. 1939, c. 256, s. 8. 
61-0221. Sewage Disposal Plant or Water Supply Plant; Ap- 
proval of Commission Required. No sewage disposal plant or works 
for the water supply of any municipality shall be constructed without 
the prior approval of the commission, which shall be granted only 
upon the approval of the state department of health. 
Source: S.L. 1937, c. 255, s. 9, am’d., S.L. 1939, c. 256, s. 9. 
61-0228. Plans, Investigations, and Surveys Concerning Use of 
Waters: Special Powers of Commission. The commission may make 92 
STATE OF NORTH DAKOTA 
plans, investigations, and surveys concerning the use of any and all 
waters, either within or without this state, for purposes of estab- 
lishing, maintaining, operating, controlling, and regulating systems 
of irrigation works and projects in connection therewith within the 
state. The commission shall have all necessary powers of purchasing 
and selling, leasing, and assigning, rights and interests in the use or 
in the appropriation of waters concerned with such systems of irri- 
gation projects or works in connection therewith, and shall possess 
full authority and jurisdiction to exercise and assert actual possession 
over the corpus of all of such waters, and to secure control and regu- 
lation of the diversion thereof subject to rules and regulations and 
methods prescribed by the commission. This power and authority 
shall include full right to contract and agree with any person, asso- 
ciation, or agency concerning water rights possessed by such person, 
association, or agency through which the commission may be given 
full authority and jurisdiction over such water and water rights. In 
connection therewith the commission may coordinate, subordinate, 
supplement, and act jointly or subordinately with the United States, 
and any agency or department thereof, covering or concerning any 
federal project affecting water use, works, or projects in connection 
therewith. 
Source: S.L. 1937, c. 255, s. 15, am’d. S.L. 1939, c. 256, s. 15. PUBLIC HEALTH LAWS 
93 
REGULATIONS FOR PREVENTION 
OF DISEASE 
Adopted by the State Department of Health of North Dakota Under 
the Authority Conferred Upon Said Department by the 
Laws of the State 
September, 1946 
Regulation 1. State Health Officer Given Discretionary Powers. 
The state health officer may, from time to time, as he shall deem it 
of the greatest good to the community, modify, omit, or add to the 
requirements herein prescribed with regard to communicable dis- 
eases, and he may require quarantine for other diseases than those 
mentioned in the following regulations. 
GENERAL REGULATIONS 
Regulation 2. Diseases Designated as “Contagious and Infec- 
tious.” The following diseases are hereby declared to be “dangerous, 
contagious and infectious diseases” and reportable in this State: 
Actinomycosis 
Ancylostomiasis (hookworm dis- 
ease) 
Anthrax 
Chancroid 
Chicken pox (varicella) 
Cholera 
Conjunctivitis acute, infectious 
Dengue 
Diarrhea of the newborn (in in- 
stitutions) 
Diphtheria 
Dysentery, amebic (amebiasis) 
Dysentery, bacillary 
Encephalitis infectious 
lethargic and non-lethargic 
Erysipelas 
Favus 
Glanders (farcy) 
Gonorrhea 
Impetigo contagiosa (without 
medical attention) 
Influenza 
Leprosy 
Lymphogranuloma venereum 
(inguinale) & climatic bubo 
Malaria 
Measles (rubeola) 
Meningococcus Meningitis 
Paratyphoid fever 
Plague bubonic, septicemic, 
pneumonic 
Pneumonia acute lobar, broncho, 
virus, and unspecified 
Poliomyelitis 
Psittacosis 
Puerperal infection (puerperal 
septicemia) 
Rabies 
Rat-bite fever (sodoku) 
Relapsing fever 
Rheumatic fever, acute 
Rocky Mt. spotted (or tick fever) 
Scarlet fever (scarlatina) 
Septic sore throat 
(streptococcus throat infection) 
Smallpox (variola) 
Syphilis 
Tetanus 
Trachoma 
Tuberculosis, Pulmonary 
Tuberculosis, other than Pul- 
monary 
Tularemia 
Typhoid fever 
Undulant fever (brucellosis) 
Vincent’s Infection 
Whooping cough 
Yellow Fever 
Regulation 3. Diseases Designated as Infestations. The follow- 
ing diseases are hereby declared to be infestations and reportable in 
this State: 94 
STATE OF NORTH DAKOTA 
Ascariasis 
Coccidiomycosis 
(coccidioidal granuloma, “Val- 
ley fever”) 
Hemorrhagic jaundice 
(spirochetosis ictero-hemmor- 
rhagic Weil’s disease) 
Scabies (the itch) 
Trichinosis 
Regulation 4. Diseases of concern because of their group or epi- 
demic occurrence and the practicability of their prevention are here- 
by declared reportable in this state: 
Botulism 
Food infections and poisonings 
Pellagra 
Regulation 5. Tumors, benign and malignant, because of their 
frequent occurrence and the possibility of prevention of malignancy 
and prolongation of life are hereby declared repoi’table in this State. 
Carcinoma, Sarcoma, and other growths suspected of being or 
becoming malignant. 
Regulation 6. Diarrhea of Newborn. Occurring in Maternity Hos- 
pitals. Diarrhea of the newborn (infants under one month of age) 
occurring in hospitals conducting maternity and nursery service shall 
be reported. The circumstances surrounding the development of 
such disease shall be investigated by the local or State Department 
of Health. 
Regulation 7. Who Shall Report Diseases. Methods. (1) All 
physicians; (2) Any person who treats or administers to the sick by 
whatever method; (3) householders; (4) hotel or lodging housekeep- 
ers; (5) Nurse; (6) school teacher; (7) any other person or persons 
treating, nursing, lodging, caring for, or having knowledge of the 
existence of any communicable reportable disease enumerated in 
Regulation 2 shall immediately report the same to the nearest health 
officer having jurisdiction by the quickest means of communication. 
This report must be followed within twenty-four hours by a written 
report on blank forms furnished by the county or city board of 
health, which shall specify the following particulars: name of pa- 
tient, age, sex, residence, occupation, diagnosis or disease suspected, 
probable source of infection, date of exposure, date of onset of the 
disease, school attended or place of employment, name and address 
of person making report, and any other available information likely 
to assist the health officer in the prevention or spread of the disease. 
Regulation 8. Reporting Disease in Outing and Tourist Camps. 
It shall be the duty of any proprietor, employer, superintendent, fore- 
man, master, teacher, matron, policeman, town marshal, watchman, 
or other person in charge of or responsible for the care of any indus- 
trial, civil training, “settlement,” “fresh air,” outing or tourist camp 
to report to the local health officer any case of reportable disease 
occurring among camp dwellers, campers, employees, or visitors. PUBLIC HEALTH LAWS 
95 
Regulation 9. Morbidity Reports. All morbidity reports must 
be made as soon as clinical diagnosis is made, but laboratory con- 
firmation is desirable. 
Regulation 10. Weekly Record and Reports. Section 1. Each 
health officer shall keep a record of all reportable diseases occurring 
in his jurisdiction, showing all of the particulars designated on the 
original report card. All original report cards shall then be mailed 
to the state health officer once each week, together with the summary 
report, as specified in Section 2 of this regulation. 
Section 2. Each Saturday at the close of business each county 
or city health officer shall submit to the State Department of Health 
a summarized report of the communicable diseases reported to him 
during the week. When no cases have been reported during the week, 
a card shall be mailed as usual, the notation “No Cases Reported” 
being placed on the face of the card. Report cards shall be supplied 
by the State Department of Health. 
Regulation 11. Annual Report. Every city and county health 
officer must make an annual report in triplicate, not later than Janu- 
ary 15 of each year, on forms furnished by the State Health Officer, 
covering all health activities in his jurisdiction during the calendar 
year just ended. One copy of this report must be sent to the county 
or city commissioners, one copy to the State Health Officer, and one 
copy retained for his own files. 
Regulation 12. Telegraphic Reports. Health officers shall noti- 
fy the State Health Officer by telegram of any unusual outbreak of 
disease within his district and of any case of leprosy, bubonic plague, 
rabies, anthrax, encephalitis, psittacosis, botulism, Rocky Mountain 
spotted fever, rat-bite Fever, relapsing fever, hemorrhagic jaundice, 
food infections and poisonings, and such other diseases as the State 
Department of Health may from time to time designate. 
Regulation 13. Health Officer Must Investigate. Section 1. 
When any contagious or infectious disease is reported to a health 
officer or when he has reasons to suspect that such disease exists 
within his district, he shall make a thorough investigation, if neces- 
sary, (any case not reported by a legally qualified physician requires 
investigation) and if such disease is found to exist, he shall take 
such steps as are required by the laws of the state and by these 
regulations. If upon investigation the health officer shall find that a 
disease for which quarantine is required has recently existed on any 
premises within his district, he shall place such premises under 
quarantine until the expiration of the incubation period and until 
such premises have been disinfected, as required by these regulations. 
Section 2. Each health officer must investigate whenever and 
wherever he has reason to suspect that any insanitary condition 
dangerous to public health exists within his district, and if such 
insanitary condition is found to exist, he shall order its removal 96 
STATE OF NORTH DAKOTA 
within a specified time by a written notice served on the owner or 
agent of the property whereon such insanitary condition exists; and 
if said owner or agent shall fail to remove or remedy such insanitary 
condition within the time specified in such written notice, the health 
officer shall bring the matter to the attention of the county attorney 
and, if necessary, file a complaint against such owner or agent for 
maintaining an insanitary condition dangerous to public health and 
in violation of the laws of the state and regulations of the State 
Department of Health. 
Regulation 14. Sale of Food Forbidden in Certain Cases. When 
a case of diphtheria, encephalitis lethargica, epidemic or septic sore 
throat, amebic or bacillary dysentery, epidemic cerebrospinal menin- 
gitis, typhoid fever, para-typhoid fever, scarlet fever, smallpox, acute 
anterior poliomyelitis (infantile paralysis), tuberculosis, undulant 
fever, or leprosy exists on any farm or dairy producing milk, cream, 
butter, cheese, garden truck, or other foods, no such foods shall be 
sold or delivered from such farm or dairy, except under the following 
conditions; 
1. That such foods are not brought into the house where such 
case exists; 
2. That all persons coming in contact with such foods, eat, sleep 
and work wholly outside such house; 
3. That such persons do not come in contact in any way with 
such house or its inmates or contents; 
4. That said inmates are properly isolated and separated from 
all other parts of said farm or dairy and efficiently cared for; 
and 
5. That a permit be issued by the local health officer. He may 
cancel this permit at any time when, in his judgment, the 
circumstances and conditions warrant such action; 
6. That the local and State Health Officer may add other com- 
municable diseases to this list at any time when the severity 
and other circumstances surrounding the case seem to justify 
it. 
Regulation 15. Destruction of Foods in Certain Cases. When a 
case of any disease mentioned in Regulation 14 exists on any farm or 
dairy producing milk, cream, butter, cheese, or other foods, the 
State Health Officer or the local health officer may destroy or order 
the destruction of any such foods which, in his opinion, may have 
been so contaminated as to be a source of danger. 
Regulation 16. Handling of Food Forbidden in Certain Cases. 
Section 1. No person affected with or suspected of being a carrier 
of any communicable disease shall handle food or food products 
intended for sale which are liable to convey infective material. 
Section 2. No person who resides, boards, or lodges in a household 
where he comes in contact with any person affected with any disease PUBLIC HEALTH LAWS 
97 
mentioned in Regulation 14 shall handle food or food products intend- 
ed for sale or human consumption. 
Section 3. No waiter, waitress, cook, or other person of a board- 
ing house, hotel, restaurant, or other place where food is served, who 
lodges or visits in a household where he comes in contact with any 
person affected with any disease mentioned in Regulation 14, or is a 
carrier of any other communicable disease, or is affected himself with 
such a disease shall prepare, serve, or handle food for others in any 
manner whatsoever. 
Regulation 17. Milkmen, Grocerymen, Etc. Section 1. Milk- 
men shall deliver milk to premises infected with a quarantinable 
disease in a type of container which shall not be used again but shall 
be burned as soon as it is empty. If the milk is delivered in the 
standard type of glass container or other non-destructible material 
such containers shall remain in the house until it has been released 
from quarantine and the bottles disinfected by sterilizing in boiling 
water under the instructions of the health officer. 
Section 2. Grocerymen and other persons delivering merchan- 
dise are forbidden to enter such premises or remove packages or 
other articles therefrom. Laundrymen are forbidden to enter such 
premises or to remove any clothing therefrom, until such articles 
have first been boiled or otherwise sterilized under the instructions 
of the health officer. 
Regulation 18. Duty of the Owners or Persons in Charge of 
Dairy Farms. It shall be the duty of the owners or persons in charge 
of any farm or dairy producing milk, cream, butter, cheese, or of one 
in charge of a creamery or milk station to report forthwith to the 
local health officer the name and address and all known facts relating 
to the illness and physical condition of any person who is affected 
with or suspected of being a carrier of any communicable disease; 
who is employed or resides on or in such farm, dairy, creamery, or 
milk station; or who comes in contact in any way therewith or with 
its product. 
Regulation 19. Specimens To Be Submitted. Any person sus- 
pected of being a carrier of disease that may be spread through his 
or her bodily excretions or discharges or in any other way, shall on 
request of any health officer of North Dakota submit to the State 
Department of Health specimens of such bodily excretions or dis- 
charges in manner and amount, at such intervals, and under such 
supervision as prescribed by the State Health Officer. If deemed 
necessary by the local or State Department of Health for the control 
of spread of infection, supervision of the collection of specimens 
shall include temporary hospitalization at public expense. 
Regulation 20. Periods of Incubation. The average and the 
maximum periods of incubation for the purpose of these regulations 
of the following communicable diseases shall be as follows: 98 
STATE OF NORTH DAKOTA 
Average 
Maximum 
Chickenpox 
14 days 
21 days 
Diphtheria 
2-5 days 
Measles 
10-14 days 
21 days 
Meningococcus Meningitis 
2-7- days 
10 days 
Mumps 
18 days 
26 days 
Paratyphoid 
4-7 days 
10 days 
Poliomyelitis 
7-14 days 
14 days 
Scarlet Fever 
2-5 days 
7 days 
Septic Sore Throat 
2-5 days 
Smallpox 
7-16 days 
21 days 
Typhoid Fever 
7-14 days 
38 days 
Whooping Cough 
7-10 days 
21 days 
QUARANTINE 
Regulation 21. Quarantine Must Be Established by the Health 
Officer or His Assistant. When any contagious or infectious disease 
for which quarantine is required is reported to any health officer, 
he shall, in person or through his duly appointed assistant, place the 
premises where such disease exists under quarantine in the manner 
prescribed by these regulations. 
Regulation 22. Quarantine Placards. Section 1. All diseases 
where quarantine or provisional quarantine is instituted shall be 
placarded as follows: 
The health officer shall cause to be securely attached to each 
entrance of the premises under quarantine a placard of a distinctive 
color, not less than 6x12 inches in size, upon which is printed, the 
name of the disease and the words “KEEP OUT” in letters not less 
than 2V2 inches in height and the words, “THIS PLACE IS QUAR- 
ANTINED IN ACCORDANCE WITH LAW.” “BY ORDER OF THE 
HEALTH OFFICER.” 
Section 2. This card must not be removed, defaced, or destroyed 
by any person except the health officer or his authorized agent and 
not by him until the premises have been thoroughly disinfected in 
a manner approved by these regulations. 
Regulation 23. Quarantine. Section 1. By quarantine is meant 
the limitation of freedom of movement of persons or animals who 
have been exposed to communicable disease for a period of time 
equal to the longest usual incubation period of the disease to which 
they have been exposed. 
Section 2. Quarantine is released only upon permission of the 
health officer in charge in accordance with rules and regulations. 
QUARANTINE AND ISOLATION PUBLIC HEALTH LAWS 
99 
Section 3. The following diseases require quarantine: smallpox, 
diphtheria, scarlet fever, poliomyelitis, plague, cholera (asiatic), ty- 
phus fever, and yellow fever. 
Section 4. Any member of the family who can show positive 
evidence of having had the disease or who has been properly im- 
munized to the satisfaction of the health officer and who is not a 
carrier may be released after personal disinfection, but such person 
is forbidden to re-enter the premises. 
Regulation 24. Isolation. Section 1. By isolation is meant the 
separating of persons suffering from a communicable disease, or car- 
riers of the infecting micro-organism from other persons, in such 
places and under such conditions as will prevent the direct or in- 
direct conveyance of the infectious agent to susceptible persons. 
Section 2. Any member of the family who cannot show evidence 
of having had the disease in question or having been satisfactorily 
immunized, is strictly forbidden from attending any public, private, 
or parochial school, and church or place of amusement or public 
gathering of any kind unless otherwise stated in these regulations or 
by written permission of the local health officer. 
Section 3. When, in the judgment of the health officer having 
charge, after consideration of the circumstances and conditions sur- 
rounding each case, isolation is apt to be ineffective, he shall institute 
quarantine in such cases. 
Section 4. Isolation is released only upon permission of the 
health officer in charge. 
Section 5. The following diseases require isolation: typhoid 
fever, para-typhoid fever, whooping cough, measles, german measles, 
septic sore throat, chickenpox, mumps, meningitis, and lobar 
pneumonia. 
Section 6. No placard is required unless isolation and instruc- 
tions of Health Officer or Public Health nurse are not being carried 
out. The placard for diseases where isolation only is required shall 
be similar in size but of different color than that of a quarantine 
sign. On this card will be printed “WARNING” and the name of 
the disease in letters not less than 2x/2 inches in height. 
Regulation 25. Provisional Quarantine. When any case is re- 
ported to a health officer as suspected of being a contagious or infec- 
tious disease for which quarantine is required by these regulations, 
the health officer shall place the premises where such disease exists, 
or is suspected, under provisional quarantine in the following man- 
ner; A card bearing the words “PROVISIONAL QUARANTINE, 
KEEP OUT” printed in letters not less than IVi inches in height, shall 
be securely attached to each entrance to the premises, and the head 
of the house shall be instructed that the premises are under provi- 
sional quarantine and will remain so until the nature of the disease 
shall have been determined. If the case proves to be one requiring 
quarantine, the provisional sign shall be removed and the regular 100 
STATE OF NORTH DAKOTA 
quarantine sign installed. If the case proves to be one not requiring 
quarantine, the sign shall be removed and the quarantine released 
Regulation 26. Special Restrictive Precautions. Special re- 
strictive precautions by the health officer may require that the pa- 
tient be prohibited from attending any public gathering or from 
associating freely with other persons. Individual eating utensils, 
towels, napkins, and clothing may be required for the patient. Toys, 
books, and anything handled by the patient should not be used by 
others. Special quarters may be provided and sleeping with other 
members of the family prohibited. 
The corrective treatment or restrictive measures vary with the 
nature of the disease and are subject to the judgment of the health 
officer in charge. Restrictive measures are dispensed with only on 
the consent of the health officer. 
Upon failure of members of the household or the patient to com- 
ply with isolation or restrictive precautionary measures prescribed by 
the health officer when reasonable or lawful and where in his judg- 
ment the health of others is jeopardized thereby, he shall institute 
and enforce quarantine in such cases. 
The following diseases may require restrictive measures as speci- 
fied: tuberculosis, trachoma, ophthalmia neonatorum, enterocolitis 
(epidemic), favus, erysipelas, impetigo contagiosa, scabies, influenza, 
actinomycosis, hookworm, spotted fever, anthrax, rabies, dysentery 
(amebic), syphilis, and gonorrhea. 
Regulation 27. Exclusion of Household Pets. Dogs, cats, and 
other household pets shall not be permitted to enter rooms where 
communicable disease exists. 
DISINFECTION 
Regulation 28. Disinfection. By this term is meant the destroy- 
ing of the vitality of pathogenic micro-organisms by chemical or 
physical means. All disinfection shall be carried out in the manner 
prescribed by these regulations. 
Regulation 29. Concurrent Disinfection. When the word “con- 
current” is used as qualifying disinfection it indicates the application 
of disinfection immediately after the discharge of infectious material 
from the body of an infected person, or after the soiling of articles 
with such infectious discharges; all personal contacts with such 
discharges, or articles being prevented prior to their disinfection. 
Keeping the sick room and patient clean is the most important feature 
in preventing the transmission of disease. The health officer and 
attending physician must insist upon an efficient disinfection of the 
patient’s nose, throat, bowel and bladder discharges, bed and body 
linen. The attendant’s hands should be kept clean; all utensils and 
appliances must be kept disinfected; the floors, woodwork, etc., 
should be frequently scrubbed with soap and hot water, the room 
well ventilated, and direct sunlight admitted as much as possible. PUBLIC HEALTH LAWS 
101 
Education in personal cleanliness. This phrase is intended to 
include all the various means available to impress upon all members 
of the community, young and old, and especially when communicable 
disease is prevalent or during epidemics, by spoken and printed 
word, and by illustration and suggestion, the necessity of: 
1. Keeping the body clean by sufficiently frequent soap and 
water baths. 
2. Washing hands in soap and water after voiding bowels or 
bladder and always before eating. 
3. Keeping hand and unclean articles, or articles which have 
been used for toilet purposes by others, away from mouth, 
nose, eyes, and ears. 
4. Avoiding the use of common or unclean eating, or drinking 
or toilet articles of any kind, such as towels, handkerchiefs, 
hairbrushes, drinking cups, pipes, etc. 
5. Avoiding close exposure of persons to spray from the nose 
and mouth as in coughing, sneezing, laughing, or talking. 
Regulation 30. Terminal Disinfection. When the word “termin- 
al” is used as qualifying disinfection, it indicates the process of 
rendering the personal clothing and immediate physical environment 
of the patient free from the possibility of conveying the infection to 
others at the time when the patient is no longer a source of infection. 
Before the release of quarantine, isolation, and restrictive measures, 
the health officer must be satisfied that the patient, members of the 
family, attendants, and premises are no longer a source of danger 
to others and that the following procedure is carried out: 
1. Everything of little value that has been in contact with the 
patient of sick room must be burned. 
2. The patient and attendants must take a thorough antiseptic 
bath and must be supplied with a complete change of unin- 
fected clothing. 
3. Before removal from the patient’s room all washable cloth- 
ing, sheets, dishes, etc., must be immersed in a 5 per cent 
carbolic acid solution or other equally potent disinfectant for 
one-half hour or must be boiled for one-half hour. 
4. Other articles in the room of such a nature that they cannot 
be burned, boiled, or otherwise disinfected should be exposed 
to the direct rays of the sun, for four or five days after thor- 
ough cleaning. 
5. All floors, woodwork, furniture, etc., must be thoroughly 
scrubbed with soap and warm water and wiped with a 1-1000 
bi-chloride of mercury solution, or otherwise treated in a 
manner satisfactory to the health officer in charge. 
Regulation 31. Fumigation. Fumigation, except under special 
circumstances, is not an effective means of disinfection and is not 
recommended except where the destruction of insects, mosquitoes, 
body lice, and animals such as rats is accomplished by the employ- 
ment of gaseous agents. 102 
STATE OF NORTH DAKOTA 
Regulation 32. Renovation. When in the judgment of the health 
officer the circumstances and conditions of the premises or the nature 
of the disease seem to warrant it, a thorough renovation shall be 
required in addition to disinfection. By renovation is meant, in 
addition to cleansing, such treatment of the walls, floors and ceilings 
of rooms of houses as may be necessary to place the premises in a 
satisfactory sanitary condition, as by repainting or revarnishing, re- 
papering, or calcimining the sick room or entire premises. 
Regulation 33. Approved Disinfectant Agents. 
1. 1-3000 bichloride solution. 
2. 5% carbolic acid solution. 
3. Lysol, creolin—compound solution of Creosol, in strengths 
recommended by manufacturers. 
4. Calcium hypochlorite and similar chlorine compounds in 
strengths recommended by manufacturer. 
5. Any other disinfectant agents approved by the State Health 
Officer. 
Regulation 34. Failure to disinfect Premises. Whenever the 
order or direction of the local health officer requiring disinfection 
or cleansing of articles, premises, or apartments shall not be complied 
with, he shall cause a placard in words and form as follows to be 
placed upon the door of such an apartment or premises, to-wit; 
is a communicable disease. These apartments 
have been occupied by a patient and may be 
infected. They must not be occupied until the order of the 
health officer directing their renovation and disinfection has 
been complied with. 
This notice must not be removed under penalty of law 
except by the health officer or an authorized agent. 
Notice 
Regulation 35. Tuberculosis, Disinfection of Premises. Section 
1. Infected Premises, Disinfecting. In case of any apartments or 
premises being vacated by death from tuberculosis or by the removal 
therefrom of a person or persons sick with tuberculosis, it shall be 
the duty of the person or physician in charge to notify the health 
officer of such town, incorporated village, or city, aforesaid, of said 
removal within 24 hours thereafter, and such apartments or premises 
to be vacated shall not again be occupied until renovated and disin- 
fected as hereinafter provided. 
After the place has been vacated, the health officer shall order 
that such premises or apartments and all infected articles therein 
be properly and suitably renovated and disinfected. In case there 
shall be no remaining occupants in such premises or apartments, then 
the health officer shall cause a notice in writing to be served upon 
the owner or agent of the owner of such premises or apartments, 
ordering the renovation and disinfection of such premises or apart- PUBLIC HEALTH LAWS 
103 
ments, under the direction of and in conformity with the regulations 
of the State Department of Health. 
Section 2. Placard to be Posted on Infected Premises. In case 
any orders or directions of the health officer requiring the disinfec- 
tion of any articles, premises, or apartments, as hereinbefore pro- 
vided, shall not be complied with within 36 hours after such orders 
or directions shall be given, then it shall be the duty of the health 
officer to cause a placard in words and form as follows to be placed 
upon the door of the infected apartments or premises, to wit: 
Notice 
Tuberculosis is a communicable disease. These apartments have 
been occupied by a tuberculous patient and may be infected. They 
must not be occupied until the order of the health officer directing 
their renovation and disinfection has been complied with. 
This notice must not be removed under a penalty of law except 
by the health officer or an authorized agent. 
Section 3. Sputum, Saliva, etc. It shall be unlawful for any 
person having pulmonary tuberculosis to dispose of his sputum, 
saliva, or other secretions or excretions so as to cause offense or 
danger to any person or persons. 
Regulation 36. Federal Regulation Adopted. All common car- 
riers operating in the state of North Dakota, whether engaged in 
the interstate business or intrastate business or both, shall comply 
with the regulations of the U. S. Public Health Service made and 
promulgated for the control of common carriers engaged in interstate 
business, and the regulations made by the said U. S. Public Health 
Service are hereby declared to be a part of these regulations of the 
State Department of Health of North Dakota. 
COMMON CARRIERS 
CANCER 
Regulation 37. Cancer To Be Reported. By Whom to Whom. 
Every physician, pathologist, laboratory director, technician, nurse, 
attendant, druggist or pharmacist, dentist, superintendent or principal 
directing officer of a hospital, jail, asylum, home or similar institu- 
tion, or other person having knowledge of a known case of cancer 
shall within seventy-two hours of such knowledge of such known or 
suspected case coming to his notice, report same on a special form 
to the State Department of Health. These reports shall be confiden- 
tial and not open to public inspection. 
REGULATIONS OF CONTAGIOUS AND INFECTIOUS DISEASES 
CHICKENPOX (Varicella) 
Regulation 38. Section 1. Chickenpox in persons over 15 years. 
When chickenpox occurs in persons over 15 years of age, or at any 
age during an epidemic of smallpox, the same quarantine regulations 
may be maintained as those required for smallpox until investigation 104 
STATE OF NORTH DAKOTA 
has been done to eliminate the possibility of their being smallpox. 
Section 2. Chickenpox in Children. Isolation. There must be 
exclusion from school and avoidance of contact with non-immune 
persons for 10 days. 
Section 3. Concurrent and Terminal Disinfection Are Required. 
(See Regulation 29 and 30). 
Section 4. Placard. (See Regulation 24, Section 6) 
CONJUNCTIVITIS, ACUTE INFECTIOUS 
(of the newborn, not including trachoma) 
(This title to replace the terms of gonorrheal ophthalmia, opthalmia 
neonatorum and babies’ sore eyes) 
Regulation 39. Section 1. Use of Silver Nitrate Urged. Since 
it has been clearly demonstrated that a considerable percentage of 
the cases of ophthalmia neonatorum are due to pyogenic organisms 
other than the gonococcus and since the prophylactic value of silver 
nitrate is fully proven in all cases, therefore, all physicians are urged 
to use a 1 per cent solution of silver nitrate in the eyes of all newborn 
babies. Antepartum treatment of mother is necessary if gonorrhea 
is suspected. 
Section 2. Midwives and Nurses Must Report. All midwives, 
nurses and other persons having charge of a newborn infant shall 
report immediately to the health officer, or a legally qualified physi- 
cian, if any pus or secretion forms on the eyes or on the eyelids, or 
if one or both eyes become reddened or swollen within two weeks 
after birth. 
Section 3. The Patient and Nurse Shall Be Isolated. 
Section 4. Concurrent Disinfection. (See Regulation 29) 
Regulation 40. Section 1. Isolation and Quarantine Are Re- 
quired. 
Section 2. Period of Isolation. Strict isolation of a case or sus- 
pected case of diphtheria shall be maintained until two cultures from 
the throat and two from the nose, taken not less than twenty-four 
hours apart and submitted to a State Public Health Laboratory, fail 
to show the presence of diphtheria bacilli. Isolation may be termin- 
ated if the micro-organism reported as morphologically “positive,” 
although persistently present, proves to be an avirulent form. Where 
termination by culture is impracticable, cases may be terminated with 
fair safety, as a rule, 16 days after the onset of the disease. A viru- 
lence test should be made if practicable where positive throat cul- 
tures are reported 3 weeks or longer after onset of the disease. 
Section 3. Quarantine. All intimate contacts must be quaran- 
tined until shown by bacteriological examination not to be carriers. 
DIPHTHERIA PUBLIC HEALTH LAWS 
105 
Section 4. Persons Released from Quarantine or Isolation must 
not re-enter the premises until quarantine or isolation has been re- 
moved and the premises properly disinfected. 
Section 5. Adult Members of the Family wishing to pursue their 
occupation may change their residence by permission of the health 
officer in charge and by compliance with this regulation. (See Sec- 
tion 3) 
Section 6. Diphtheria in Schools. When diphtheria appears in 
school, cultures should be taken from all those who have been 
exposed or who show signs of throat infections. All persons from 
whom cultures show positive evidence of diphtheria bacilli should 
be excluded from school and isolated until two negative cultures 
have been obtained as required in Section 1 of this regulation. 
Section 7. Placard. (See Regulation 23) 
Section 8. Concurrent and Terminal Disinfection Are Required, 
as Described in Regulation 30. 
Section 9. Every physician and Health Officer having knowledge 
of a case or suspected case of diphtheria must obtain laboratory con- 
firmation from the State Public Health Laboratory. 
MEASLES 
Regulation 41. Section 1. Isolation Required. Whenever a case 
of measles is discovered the health officer shall immediately isolate 
the case. 
Section 2. Period of Isolation, (a) Measles should be isolated 
a minimum of 9 days, from 4 days before to 5 days after the appear- 
ance of the rash and until the cessation of all abnormal mucous mem- 
brane secretions. 
Section. 3. Quarantine, (a) Measles. When the disease is very 
prevalent and in large communities quarantine of exposed susceptible 
children is impracticable and of no value. Exclusion of exposed sus- 
ceptible children and teachers from school until 14 days from last 
exposure and of exposed susceptible children from public gatherings 
for the same period may be justifiable under sparsely settled rural 
conditions. This applies to exposure in the household. If the date of 
only exposure is reasonably certain, and exposed susceptible child of 
school age may be allowed to attend school for the first 7 days of 
the incubation period. Quarantining of institutions of young children 
and of wards or dormitories where exposure is suspected is of value. 
Strict quarantine of wards of infants if a case occurs in an institution 
is important. 
Section 4. Adults May Attend to Their Usual Vocations, provided 
they do not visit the sick room or mingle with or visit places where 
there are children. 
Section 5. Placards. (See Regulations 23 and 24) 
Section 6. Concurrent and Terminal Disinfection. (See Regula- 
tions 29 and 30) 106 
STATE OF NORTH DAKOTA 
MENINGOCOCCUS MENINGITIS 
(Epidemic Cerebro-spinal Meningitis) 
Regulation 42. Section 1. Isolation is required. 
Section 2. Period of Isolation of infected persons shall be 14 
days after the onset of the disease or until negative swabs are ob- 
tained from naso-pharynx. 
Section 3. No Quarantine of Exposed Persons is Required. 
Section 4. Placard. (See Regulation 24) 
Section 5. Concurrent and Terminal Disinfection. (See Regu- 
lation 29 and 30) 
Section 6. Each case of meningitis must be considered epidemic 
until the health officer is satisfied that it is not. 
POLIOMYELITIS 
Regulation 43. Section 1. Reporting. All cases are to be reported 
as poliomyelitis, paralytic, or as poliomyelitis, non-paralytic, as the 
case may be. 
Section 2. Isolation and Quarantine Are Required. 
Section 3. Period of Isolation, The patient shall be isolated for 
at least two weeks from the onset. 
Section 4. Quarantine. Exposed children of the household of 
school age are to be kept from school, and adults of the household 
whose vocations bring them into contact with children or with food 
to be eaten uncooked are to be kept from such vocation for 14 days 
from last exposure to recognized case. 
Section 5. Whenever Poliomyelitis Prevails in a Locality, the 
local board of health may cause a search for and a careful examina- 
tion of all ill children and young adults to be made, and all of these 
having suggestive symptoms shall be placed under a provisional 
isolation pending diagnosis. 
Section 6. Placard. (See Regulations 22 and 23) 
Section 7. Concurrent and Terminal Disinfection. (See Regu- 
lations 29 and 30) 
(Infantile Paralysis) 
RABIES 
Regulation 44. Section 1. How Reported. Whenever any physi- 
cian or other person has knowledge that any person or animal has 
been bitten or injured by a dog or other animal infected or suspected 
of being infected with rabies and whenever he has knowledge of a 
case of rabies or suspected rabies he shall report the fact imme- 
diately to the nearest health officer. The local health officer shall 
then transmit this report to the State Health Officer by wire. 
Section 2. When Animals Should Be Killed or Quarantined. 
Animals suspected of being infected with rabies must be effectively 
quarantined by being closely confined under the direction and close PUBLIC HEALTH LAWS 
107 
observation of the local health officer or an authorized agent of the 
State Livestock Sanitary Board. 
What to Do With Suspected Animals. Do not kill the animal. 
If it is killed early in the disease the negri bodies may be so widely 
scattered or be so small as to be overlooked on microscopic examina- 
tion. Thus it is always advisable to keep the suspected animal alive 
at least long enough to permit full development of symptoms. Put it 
in a secure pen, with plenty of food and water or, preferably, place 
it in the hands of your veterinarian who is skilled in the diagnosis of 
rabies and other allied animal diseases. If the animal has rabies it 
will show progressive symptoms and die usually within 3 to 5 days. 
If it is alive and well at the end of 14 days one can be fairly certain 
that rabies does not exist. 
When any dog or other animal shows positive symptoms of rabies 
it shall be immediately killed in such a manner as to preserve the 
brain intact. Heads of animals which have been killed for suspected 
rabies or those that have died from suspected rabies must be sent to 
a State Public Health Laboratory for examination. (When an animal 
is killed in the early stages of the disease, it is always difficult and 
often impossible to find the negri bodies. Whereas the process is 
comparatively simple in the latter stages of the disease.) 
Bring Head to the Laboratories. The best and quickest way to 
get an animal’s head to the Laboratory is by a personal messenger 
in an automobile. Always bring or send the head in this way if it 
is at all possible. When it is necessary to ship the head by a common 
carrier every precaution should be taken to protect those who handle 
it en route from danger of becoming infected. Owing to the rigid 
requirements of the postal regulations for shipping pathological 
specimens through the mails it is best to ship dogs’ heads by express 
or by auto bus if you cannot send by messenger. In order that the 
animal’s head may reach the Laboratories in fresh enough condition 
to be examined, it should be packed in ice. Never send or bring the 
live animal or animal’s carcass. Bring only the head. If it is too late 
in the day for a messenger to reach the Laboratories by 4 P.M. so 
it can be examined that evening pack it in ice for the night and 
bring it to the Laboratories the next morning. 
How to Pack the Dog’s Head. The following instructions should 
be carefully observed in packing a head for conveyance to the Lab- 
oratories: 
1. Wrap sufficient absorbent cotton about the animal’s head to 
absorb any blood that may escape. 
2. Put the head in a tin can or bucket with a tight fitting lid. 
Adjust the lid and fasten so it will not come off. If possible, put 
adhesive tape around joint between pail and lid to act as a seal. 
3. Place the tin vessel containing the animal’s head in a larger 
water-tight bucket, tub or box. Pack ice around it and nail or fasten 
cover so that the tin vessel containing the animal’s head cannot pos- 
sibly escape from the larger container. 108 
STATE OF NORTH DAKOTA 
4. Provide a bail or handle by which the whole package can 
be carried in upright position like a bucket. 
5. Address package plainly so there can be no misunderstanding 
as to place of delivery. 
Section 3. Treatment for Rabies. Any person who has been bit- 
ten by a rabid animal may secure the Pasteur Treatment, put up in 
glass ampules which may be administered at home, by having their 
physician or health officer wire a request to any reliable firm manu- 
facturing biological products or to their authorized branches in your 
nearest city. 
Section 4. Concurrent Regulation in Cooperation with the State 
Livestock Sanitary Board. Methods of Quarantine and Immuniza- 
tion, Whenever a case of rabies or suspected rabies has been reported 
to either the State Livestock Sanitary Board or to the State Depart- 
ment of Health a strict quarantine of all dogs or other animals sus- 
ceptible to rabies may be ordered under the direct supervision of 
the State Veterinarian or his authorized agents, covering as large an 
area and for such a period of time as in their judgment seems reason- 
able and necessary. Quarantine in such cases shall consist in effec- 
tively muzzling and closely confining all dogs and other animals 
susceptible to rabies in the quarantined area in a manner as directed 
by the State Veterinarian and State Health Officer; provided, that 
any dog or other animal under quarantine having been properly 
immunized and certified to by the State Veterinarian may be re- 
leased from quarantine after a period of 21 days. 
Section 5. All other Rules and Regulations of the State Live- 
stock Sanitary Board pertaining to rabies are hereby declared to be 
a part of these regulations when not in conflict therewith. All health 
officers shall co-operate in their enforcement. 
RHEUMATIC FEVER (ACUTE) 
Regulation 45. Rheumatic Fever (Acute) To Be Reported. By 
Whom to Whom. Every physician shall immediately give notice to 
the Health Officer of the County or City, wherever such person 
resides, of every case of rheumatic fever (acute) under his or her 
care. The county or city health officer is then to make a copy of 
said report for his files and transmit the original to the State Health 
Department at Bismarck. If the case be an inmate of a state insti- 
tution, it becomes the duty of the superintendent, or whoever is in 
charge of the institution, to make and forward said report directly 
to the Stale Health Department. 
SCARLET FEVER 
(Scarlatina) 
Regulation 46. Section 1. Isolation and Quarantine are Re- 
quired. 
Section 2. Period of Isolation. Isolation shall be maintained in 
home or hospital; maintained in each case until the end of the period PUBLIC HEALTH LAWS 
109 
of communicability. The period of communicability usually lasts 
until 2 weeks from the onset of the disease without regard to the 
stage or extent of desquamation, but until all abnormal discharges 
have ceased and all open sores or wounds have healed. If medical 
inspection is not available, isolate for 14 days from onset for un- 
complicated cases. 
Section 3. Quarantine of Exposed Persons. Exposed children 
must be isolated, teachers excluded from association with children 
and food handlers from their work until 7 days have elapsed since 
the last exposure to a recognized case. 
Section 4. Placard. (See Regulations 22 and 23) 
Section 5. Concurrent and Terminal Disinfection Are Required. 
(See Regulations 29 and 30) 
Regulation 47. Section 1. Isolation and Quarantine are required. 
Section 2. Period of Isolation, Isolation shall be maintained 
in screened wards of hospital, free from vermin until the disappear- 
ance of all scabs and crusts and until the thorough disinfection of 
persons and premises are performed. 
Section 3. Quarantine. There must be isolation of all contacts 
until vaccinated with virus of full potency and daily medical ob- 
servation of these contacts until the height of the reaction is passed 
if vaccination was performed within twenty-four hours of first ex- 
posure. Contacts who cannot produce positive evidence of having had 
the disease or of recent successful vaccination as determined by the 
health officer must be isolated for 16 days from the last exposure. 
Section 4. Placard. (See regulations 22 and 23) 
Section 5. Concurrent and Terminal Disinfection Are Required. 
(See Regulations 29 and 30.) No article is to leave the surroundings 
of the patient without boiling or equally effective disinfection. 
Section 6. Health Officers and Physicians Must State On All 
Reports the Type of the Disease. 
SMALLPOX 
TYPHOID FEVER, PARATYPHOID FEVER 
Regulation 48. Section 1. Isolation Required. All cases of ty- 
phoid fever and paratyphoid fever shall be isolated in a flyproof 
room, preferably under hospital conditions of such cases as cannot 
command adequate sanitary environment and nursing care in their 
homes. 
Section 2. Period of Isolation. No patient shall be released from 
isolation until reports of two negative laboratory examinations of 
both the urine and feces, collected not less than twenty-four hours 
apart, shall have been returned from the State Public Health Lab- 
oratory. 
Section 3. Source of Infection. When a case of typhoid fever or 
paratyphoid fever is discovered, the health officer having jurisdiction STATE OF NORTH DAKOTA 
shall immediately proceed in a systematic approved manner to search 
for the source of infection, missed case, carrier or convalescent, and 
shall make a special report to the State Department of Health, de- 
scribing in detail his method of search and his ultimate conclusions. 
When the source of infection is discovered, immediate abatement 
must be instituted. 
Section 4. Placard. (See Regulation 24) 
Section 5. Concurrent and Terminal Disinfection. (See Regu- 
lations 29 and 30) 
Note; Chloride of lime or other chlorine preparations, 20 
per cent solution of carbolic acid are antiseptics of choice.) 
Section 6. All Foods liable to be contaminated must be destroyed 
before quarantine is released. 
Section 7. Laboratory Confirmation. Every physician or health 
officer having knowledge of a case or suspected case of typhoid 
fever, paratyphoid fever, or any continued fever not otherwise diag- 
nosed must obtain laboratory confirmation by the usual approved 
methods, if possible. Report, however, shall be made immediately 
on a clinical diagnosis. 
Section 8. At the request of the state or local health officer, any 
case or suspected case or carrier of typhoid fever or paratyphoid 
fever shall submit stool and urine specimens to the State Public 
Health Laboratory. These specimens shall be collected under the 
supervision of the local health officer. 
Section 9. Reporting of Cases in Hospitals and Sanitoria. It 
shall be the duty of the superintendent of any public or private hos- 
pital or sanitorium to report in writing to the State Department of 
Health, within twenty-four hours of time of diagnosis each case 
of typhoid fever or paratyphoid fever or typhoid infection or para- 
typhoid infection occurring among inmates or employees, giving all 
available epidemiologic data. 
On discharge from any hospital or sanitorium of any person 
suffering or convalescent from typhoid or paratyphoid fever or of 
any person known to be a carrier of typhoid or paratyphoid organ- 
isms, it shall be the duty of the superintendent of such hospital or 
sanitorium to report the fact in writing to the State Department of 
Health within a period of 24 hours, giving the destination of such 
person. 
Section 12. Control of Typhoid Carriers. For the purpose of 
these regulations, a typhoid carrier is a person who harbors typhoid 
bacteria and emits them, regularly or intermittently. This condition 
may or may not follow a recognized attack of typhoid fever. A 
person continuing to discharge typhoid bacteria following an attack 
of typhoid fever shall be regarded as a case rather than a carrier, for 
a period of at least twelve (12) weeks following subsidence of clini- 
cal symptoms. After that period the health officer may, in his discre- 
tion, declare such person to be a carrier. PUBLIC HEALTH LAWS 
111 
Section 13. The health officer, upon the discovery of a typhoid 
carrier, shall immediately report the fact to the State Department 
of Health, giving the full name, age, occupation, and address of such 
carrier (together with any other information relative to possible or 
probable infection of others), and shall also communicate the fact to 
the carrier himself, or his guardian, imparting to him detailed infor- 
mation regarding the precautions to be observed in the disposing of 
his discharges, in preventing contamination of his hands, and thus 
protecting others from infection. This information to the carrier him- 
self shall be confirmed by a written notice to such carrier, giving 
special and specific instructions as may be required in special cir- 
cumstances. The health officer shall keep the copy of such written 
instructions given to each carrier on file in his office. 
Instruction given by the health officer shall include directions 
to wash the hands thoroughly with soap and water immediately after 
using the toilet, and to use individual towels and drinking and eating 
utensils, which should be thoroughly cleansed, preferably by boiling, 
before being used by others. 
Section 14. Bowel or bladder discharges of a carrier should be 
deposited in a cess-pool, or privy, properly located, of an approved 
sanitary construction. One of the essentials of a sanitary privy is 
the fly proof and rodent proof vault. The interior of the privy 
should be kept clean and scrubbed with warm water and soap when- 
ever necessary. 
Section 15. No typhoid carrier may engage in any occupation 
involving the handling of ready-to-eat food and milk, or to work as 
a food, drink, or milk handler, or to work in or around any place 
where food or drink is manufactured, packed, stored, deposited, col- 
lected, prepared, produced, or sold. It is extremely important that 
typhoid carriers do not prepare food or drink for anyone except 
themselves or their immediate families; and especially that they do 
not supply any food, drink, milk or milk products to visitors at 
their homes, or at community or social gatherings of any type. It is 
recommended that immediate members of the household should all 
be immunized against typhoid fever every two years. 
Section 16. No typhoid carrier shall leave the community in 
which he resides without notification to the local health officer who 
is to be informed of his destination, including his new address. The 
health officer should immediately notify the State Department of 
Health of the change of address. The typhoid carrier shall not leave 
the state without notifying the State Department of Health. 
Section 17. The local health officer shall visit each typhoid 
carrier within his jurisdiction at least once monthly in order to 
determine whether instructions are being observed; and once in 
each quarter shall render a report regarding such carrier to the 
State Department of Health, upon a form prescribed for the purpose. 
Section 18. The release of chronic typhoid carriers may be 
granted only on the approval of the State Health Officer after sub- 112 
STATE OF NORTH DAKOTA 
mission of the following evidence: (1) That the gall bladder has 
been removed; (2) that subsequent to the removal of the gall bladder 
each of three specimens of the duodenal contents, taken in a hospital 
at intervals of not less than twenty-four hours, has been examined 
by the laboratory of the State Department of Health and found to 
contain no typhoid bacilli; and (3) at least eight successive speci- 
mens of liquid feces, taken in a hospital on successive days and 
under circumstances which do not permit of substitution, have been 
examined by the laboratory of the State Department of Health and 
found to contain no typhoid bacilli. The health officer may at his 
discretion release chronic typhoid carriers upon other evidence 
which he may consider satisfactory. 
WHOOPING COUGH 
Regulation 49. Section 1. Isolation and Quarantine Required. 
Section 2. Isolation shall consist of separation of the patient 
from susceptible children, and exclusion of the patient from school 
and public places for 3 weeks after onset of typical paroxyms. It is 
of particular importance to protect children under 3 years of age 
against contact with any other children with cough and fever, of 
whatever origin, and especially if whooping cough is suspected or 
is known to be prevalent. Isolation of children over 2 years of age 
is impracticable, and even in those under 2 should not be insisted 
upon at the expense of fresh air in the open, if weather permits. 
The communicable stage must be considered to extend from 
seven days after exposure to an infected individual to three weeks 
after development of the characteristic whoop. 
Section 3. Quarantine. Quarantine is limited to the exclusion 
of non-immune children from school and public gatherings for 14 
days after their last exposure to a recognized case. This applies to 
exposures in the household or under other similar conditions. This 
precaution may be omitted if exposed non-immune children are 
observed with care by a physician or nurse on their arrival at school 
each day for 14 days after their last exposure to a recognized case. 
Section 4. Placard. (See regulation 24) 
Section 5. Concurrent Disinfection and a good clean-up of prem- 
ises with soap and water, fresh air and sunshine should take place. 
(See regulations 29 and 30.) 
Section 6. There are no healthy carriers of whooping cough. 
(Pertussis) 
MISCELLANEOUS 
Regulation 50. Section 1. Typhus Fever, Cholera, Plague, 
Spotted Fever, Malaria, Anthrax, Glanders, Pellagra, Amebic Dy- 
sentery, Trichinosis infection, Undulant Fever, Psittacosis, Encepha- 
litis, Rat-bite Fever, Relapsing Fever, and all other diseases unusual 
to this state must be reported immediately to the State Health Officer PUBLIC HEALTH LAWS 
113 
and a quarantine instituted, pending special regulaions and labora- 
tory confirmation. 
Section 2. Placard (See regulation 24) 
Section 3. Concurrent and Terminal Disinfections. (See regula- 
tions 29 and 30) 
CONTROL AND SUPPRESSION OF VENEREAL DISEASE 
Regulation 51. Rules and Regulations for the Control and Sup- 
pression of Venereal Disease. 
Rule 1. Venereal Disease Dangerous to Public Health. The 
State Department of Health finds the following diseases, namely 
syphilis, gonorrhea, and chancroid are communicable and dangerous 
to the public health. 
Rule 2. Prostitution a Prolific Source of Venereal Disease. 
Prostitution is hereby declared to be a prolific source of venereal 
disease and the repression of prostitution is hereby declared to be 
a public health measure. 
Rule 3. Venereal Disease To Be Reported. By Whom to Whom. 
Every physician, nurse, attendant, druggist or pharmacist, dentist, 
superintendent or principal directing officer of a hospital, jail, asylum, 
home or similar institution, or other person having knowledge of a 
known case of venereal disease shall, within twenty-four hours 
report same to the State Department of Health. 
Rule 4. Form of Report. Such reports shall be on forms pre- 
pared and furnished by the State Department of Health. 
Rule 5. Report of Termination of Case. Upon the termination 
of treatment of any case of venereal disease the attending physician 
shall report the fact to the State Department of Health, giving the 
name, the date upon which the case was terminated, and upon what 
grounds the case was terminated, (i.e., cured, transferred to another 
physician, dismissed uncured or died, etc.), if the diseased person 
discontinues treatment without permission and is still uncured, the 
name and address of such person shall be reported to the State De- 
partment of Health. 
Rule 6. Hospitals and Institutions. For the purpose of controll- 
ing and suppressing venereal disease, the State Department of Health 
through its authorized agents may inspect hospitals, dispensaries, 
charitable and penal institutions, all of the records of diseases treated 
and laboratory examinations made. 
Rule 7. Record Kept by Druggists. Reports Required. Every 
druggist, pharmacist, or other person who sells any drugs, specific 
compound, or preparation of any kind for the cure or treatment of 
venereal diseases shall keep a record of name, address, color, and sex 
of person making such purchase together with the name and descrip- 
tion of the articles purchased, and shall make a report thereof within 
24 hours to the State Department of Health on forms provided for 
that purpose. In case, however, a person presents a prescription issued 114 
STATE OF NORTH DAKOTA 
by a legal practicing physician for such drugs or remedies, then the 
record kept by such druggist, pharmacist, or other person and the 
report thereof shall show the name of the physician who issued the 
prescription, the name and address of the patient, and the date of 
the prescription. Such record shall at all reasonable times be open 
to the inspection of the local health authorities and the State De- 
partment of Health. 
Rule 8. Reports Confidential. All information and reports con- 
cerning persons infected with venereal disease shall be confidential 
and shall be inaccessible to the public. 
Rule 9. Rules and Circular of Information. Every physician 
and every person who treats a person afflicted with venereal disease 
shall give to such a diseased person a circular of information and 
advice concerning venereal disease, furnished or approved by the 
State Department of Health. 
Rule 10. Change of Physician. A physician upon being applied 
to for treatment by a venereally diseased person shall inquire of 
and ascertain from such person if he has previously consulted with or 
been treated by another physician for the disease with which he is 
afflicted; and if so, the physician now applied to shall: 
(a) ascertain the name and address of the physician previously 
consulted; 
(b) report the case to the State Department of Health as pro- 
vided in these rules, noting on such report the following: 
“Transfer case from Dr , (giving the name 
of the physician previously consulted).” Nothing in these 
rules shall be construed to prohibit a diseased person from 
transferring from one physician to another. Such transfer 
may be made at any time in accordance with the provi- 
sions of this rule. 
Rule 11. Application of Diseased Person to Health Authorities, 
for Diagnosis. Any person being treated for venereal disease who 
may suspect an incorrect diagnosis of his disease, or who may have 
a suspicion that he is being continued under treatment an unneces- 
sary period of time, or who has been threatened that his identity 
will be revealed if he discontinues treatment may apply to the local 
health authorities of the State Department of Health for examina- 
tion and advice, or he may transfer to another physician in accor- 
dance with the provisions of Rule 10. 
Rule 12. Exposure of Other Persons to Infection Prohibited. 
Any person having a known or suspected venereal disease is pro- 
hibited from inoculating any other person with venereal disease, 
and such person shall not perform or commit any act which exposes 
any other person to inoculation of or infection with any venereal 
disease. 
Rule 13. Reports by Local Health Authorities to Overseer of 
Poor. When. Upon being advised of a case of venereal disease in 
any person who is unable to pay for the necessary medicines, medi- PUBLIC HEALTH LAWS 
115 
cal attention, or hospital care, local health authorities shall report 
the case to the overseer of the poor, who shall supply medicine, med- 
ical attention, and hospital care of such person. 
Rule 14. Rules for Isolation. Control and Quarantine, All cases 
of venereal disease are subject to the following rules of isolation, 
control, and quarantine: 
(a) Whenever, in the opinion of the physician responsible for 
the conduct of the diseased person or in the opinion of the health 
officer, isolation is necessary to protect the public health, to isolate 
such diseased person. 
(b) The physician or health officer shall exercise diligence 
to see that the diseased person shall not expose others to infection. 
(c) The diseased person shall not during the period of infec- 
tiousness be employed or engaged in any of the following occupa- 
tions: 
(1) In the preparation, manufacture, or handling of milk, 
milk products, or food stuffs; 
(2) In any milk products or food manufacturing or food 
handling establishment; 
(3) In the care or nursing of children or of the sick; 
(4) In any occupation the nature of which is such that 
infection may be imparted to others. 
(d) Whenever possible cases of venereal diseases shall be 
removed to a hospital for treatment. 
(e) The period of control and treatment in all cases shall be 
as follows: 
(1) Gonorrhea: Female: All cases to be kept under control 
and treatment for a minimum period of one month and thereafter 
until at least three consecutive negative smears, taken at intervals 
of not less than 24 hours, are obtained from the cervix, vagina, and 
urethra. 
Male: All cases to be kept under control and treatment for 
a minimum period of one month and thereafter until at least three 
consecutive negative smears, taken at intervals of not less than 21 
hours, are obtained from the urethra following the massage of the 
prostate. 
(2) Syphilis: All cases to be kept under control and treat- 
ment for a minimum period of one year, and thereafter until all 
lesions of the skin and mucous membrane have healed, and a nega- 
tive Wassermann reaction is obtained. (In event of persistent positive 
Wassermann reaction following a reasonable period of approved 
treatment, the facts of such case shall be presented to the State De- 
partment of Health, for a special ruling on the disposition of the 
case.) 
(3) Chancroid: Until all lesions are fully healed and a 
negative Wassermann test is obtained. 
(f) No prostitute, suspected prostitute, or habitual associate of 
prostitutes shall be released from control or quarantine until such 
control or quarantine has been terminated by order of the State 116 
STATE OF NORTH DAKOTA 
Department of Health. For the purpose of determining when control 
or quarantine may be terminated, the necessary smears or specimens 
of blood, or both as the case may require, taken by the State Depart- 
ment of Health or its specially authorized agent, shall be submitted 
to the State Public Health Laboratory for examination. 
(g) No private patient under treatment of a physician for a 
venereal disease shall be pronounced cured (non-infectious) and re- 
leased from control until it has been definitely determined by lab- 
oratory examination made by a laboratory approved by the State 
Department of Health that the period of infectiousness as estab- 
lished in this rule, (Sections e (1) (2) (3) have elapsed.) 
Rule 15. Enforcement by Local Health Authorities. In addition 
to the other duties prescribed by these rules, the local health author- 
ities shall; 
(a) Use every available means to ascertain the existence of 
venereal disease, and to investigate all cases reported. 
(b) Ascertain, so far as possible, the source of infection all 
persons exposed to the same. 
(c) Make examinations of person reasonably suspected of hav- 
ing venereal diseases, (owing to the prevalence of such diseases 
among prostitutes and persons associated with them, all such persons 
may be considered within the above class.) 
(d) In making examinations of females for the purpose of as- 
certaining the existence of venereal diseases, to appoint, when re- 
quested by the person examined, women physicians, where the ap- 
pointment of such women physicians is practicable and feasible. 
(e) Cooperate with proper officials whose duty it is to enforce 
the laws against prostitutes and otherwise use means for the sup- 
pression of prostitution. 
(f) Keep all records pertaining to inspection and examination 
in files not open to public inspection and to make every reasonable 
effort to keep secret the identity of those affected by venereal disease 
so far as may be consistent with the public health. 
(g) Report to the State Department of Health on forms pro- 
vided for that purpose. 
Rule 16. Placarding. When Permitted. The following premises 
may be placarded: 
(a) Premises used for immoral pui’poses when such premises 
are known to harbor a person afflicted with venereal disease. 
(b) Premises where the diseased person cannot be isolated or 
controlled. No placard shall be placed on either of the above de- 
scribed premises unless the diseased person will not consent to 
removal to a hospital or sanitorium during the period of infectious- 
ness. 
Rule 17. Certificate of Freedom From Venereal Disease. No 
physician, local health authority, or other person shall issue a cer- 
tificate of freedom from venereal disease to any person known to 
be or suspected of practicing prostitution. PUBLIC HEALTH LAWS 
117 
Rule 18. Removal From One Health Jurisdiction to Another. 
No person having venereal disease shall move or be moved from 
one health jurisdiction to another without first securing permission 
to do so from the local health authorities of the place from which 
removal is to be made or from the State Department of Health. Such 
permission may be granted under the following conditions: 
(a) The object of the proposed removal shall be deemed by the 
issuing health officer as urgent and legitimate and not for the pur- 
pose of relieving one community of an undesirable burden at the 
expense of another. 
(b) Removal can and will be made without endangering the 
health of others, either in transit or at destination. 
(c) The patient agrees to report in person to the local health 
authorities immediately upon arrival at destination, or agrees to 
place self under the care of a reputable physician (to be named in 
the removal permit) on arrival at destination, and the attending 
physician assumes responsibility for fulfillment of this agreement. 
(d) Removal shall not begin within 24 hours after notice of 
removal has been forwarded by first class mail to the health officers 
at the proposed destination of venereally infected person, which 
notice shall be made out and signed by the health authority granting 
permission for removal. 
Rule 19. Definitions. The following words and phrases as used 
in these rules shall be defined as follows: 
“Venereal Disease” (a) Syphilis: (b) Gonococcus infections; or 
(c) Chancroid. 
“Prostitute” a person known to be practicing sexual intercourse 
promiscuously. 
“Diseased Person” one infected or suspected of being infected 
with venereal disease. 
Rule 20. Giving False Information. It is a violation of these 
rules for any diseased person or for any physician, drugless healer, 
pharmacist, dentist, hospital superintendent, attendant, nurse, or 
other person of whom information is required by these rules to give 
knowingly and incorrect name and address or to impart any false 
information. 
Regulation 52. Books Exposed to Infection. Library books, or 
books owned by a school shall not be loaned to persons residing in a 
house where anterior poliomyelitis, diphtheria, epidemic meningitis, 
scarlet fever, smallpox, typhoid fever, pulmonary or other form of 
tuberculosis exist, except by written permission of the local health 
officer. 
Upon notification of a case of any of the above mentioned dis- 
eases the health officer shall make inquiry as to the use of library 
or school books. If such books have been exposed to infection, he 
shall notify the library or school authorities, directing what shall be 
done with the books. 118 
STATE OF NORTH DAKOTA 
Such books exposed to infection of the above named diseases, 
except tuberculosis, and if not unduly soiled, shall be withdrawn 
from circulation and use for a period of not less than three months, 
during which period the books shall be subjected to a warm dry 
atmosphere of at least 70 degrees F. combined with as much open 
air and direct or indirect sunlight as possible. 
Books badly soiled by a person having any of the above diseases, 
except tuberculosis, shall be burned unless of unusual value, intrinisic 
or real, justifying special means and expense for disinfection to be 
borne by the owner and to be carried out under the direction of the 
local health officer. 
Books handled by a person having tuberculosis in an infectious 
stage shall be burned or, if of unusual value, disinfected, as sug- 
gested in the preceding paragraph, unless the local health officer is 
satisfied from the nature of the case and the character and habits 
of the individual that withdrawal of the books from circulation and 
use under conditions above specified is sufficient to insure safety. 
PREVENTION OF DANGEROUS COMMUNICABLE DISEASES 
AMONG SCHOOLS AND SCHOOL CHILDREN 
Regulation 53. Trachoma. Section 1. Protection of School 
Children. No person suffering from trachoma shall be permitted to 
attend any school (public, private, parochial, or church) unless under 
active treatment by a physician licensed to practice medicine in 
North Dakota, who shall certify in writing to the school board and 
the health officer that treatment is being faithfully carried on with 
full cooperation and faithful compliance with all of his orders and 
instructions by patients and parents. 
Section 2. Modification of Restriction. Any local health officer 
may modify these restrictions where in his judgment the circum- 
stances and surroundings of any case justify it, in order to prevent 
the spread of trachoma. 
Regulation 54. Tuberculosis. Exclusion From School. Any 
health officer upon request from the county superintendent of 
schools, any school principal or patron or when he has reason to 
suspect that tuberculosis in any pupil, teacher, or janitor, exists, must 
make an investigation. If upon investigation and examination, the 
health officer decides any pupil, teacher or janitor to be tuberculous, 
he shall exclude such person from school nor shall any such person 
be allowed to return to school until proof satisfactory to the health 
officer that such person is not suffering from tuberculosis, is estab- 
lished. 
Regulation 55. Section 1. Exclusion From School. All chil- 
dren, teachers, janitors, or other persons suffering from or exposed 
to any disease requiring quarantine shall be excluded fi'om all schools, 
nor shall they be allowed to attend school when living or lodging at 
any place where a quarantinable disease exists. PUBLIC HEALTH LAWS 
119 
Section 2. Any pupil, teacher, janitor, or others absent from 
school for more than three days for illness or when other members 
of the family are ill for more than three days, where the cause is 
unknown and a possibility of its being a communicable disease exists, 
shall be excluded from school until a written permit is presented 
from a physician licensed to practice medicine in North Dakota, or 
health officer stating that the disease is or is not communicable and 
that there is no danger of communicating the disease to others. 
Regulation 56. Exclusion From School for Special Diseases. In 
addition to the diseases elsewhere declared by these rules to be sub- 
ject to quarantine, any child shall be excluded from any public, 
private, or parochial school by the health officer, when such a child 
is afflicted with the following diseases: 
Contagious conjunctivitis, impetigo contagiosa, mumps, pedicu- 
losis (lice), ringworm, scabies (itch), or any suppurative disease of 
a foul or offensive nature; provided, that in case of ringworm or 
scabies or pediculosis, the child may be allowed to continue school 
attendance at the discretion of the health officer, if proper treatment 
be immediately instituted and continued until a cure is affected. 
Regulation 57. Disinfection of School Buildings. Whenever any 
pupil, janitor, or teacher in any public, private, or parochial school 
is afflicted with any disease for which disinfection is required by 
the rules of the State Department of Health, the school buildings, 
school room, or rooms must be declared infected and dangerous to 
the public health; and such school building, room, or rooms shall not 
be used again for school purposes until the pertinent portions of 
Regulation 30 have been complied with in a manner satisfactory 
to the health officer in charge. 
Regulation 58. Teacher Must Report Suspected Cases. When- 
ever any school principal or teacher in any private, public, or paro- 
chial school has reason to suspect that any pupil is suffering from 
or has been exposed to any communicable disease, such principal or 
teacher shall send the child home with instructions to see his family 
physician. Any pupil so excluded shall not be permitted to attend 
school again until he shall present a certificate from a physician 
licensed to practice medicine in North Dakota stating that the 
child is not suffering from a communicable disease and that it is 
safe for him to return to school. Such principal or teacher shall also 
report any such suspected case to the local health officer, who, upon 
receipt of such report, shall use his best judgment as to the necessity 
for further investigating the case. If no legally qualified physician 
reports to him within the required time, the health officer must 
investigate. 
Section 2. Must Notify School Teachers. When any officer shall 
have knowledge of the existence of any communicable disease within 
his district in any house from which any child attends school or in 
which any person resides who is in the habit of frequenting any 120 
STATE OF NORTH DAKOTA 
school building, he shall immediately notify the superintendent of 
schools, or the school teacher of the school in the immediate school 
district, of the existence of the disease and the house in which it is 
located. 
Regulation 59. School May Be Closed. Whenever, in the judg- 
ment of the State Department of Health or of any county or city 
health officer, it is advisable to close the schools because of the 
prevalence of any contagious or infectious disease or diseases, he 
shall serve written notice upon the board of school directors or the 
responsible officials of any private, parochial, public, or Sunday 
school in the same district in which such disease or diseases prevail, 
directing them to close all schools immediately nor shall any such 
schools be reopened until ordered by the proper health official. 
Regulation 60. Section 1. Toilets. How Constructed and Lo- 
cated. All human excreta must be disposed of in sanitary sewers, 
properly constructed settling tanks, or sanitary privies. Settling 
tanks, cess-pools, privies, or other sources of pollution should be 
located down grade and at safe distances from any well, main, 
stream, or cistern used as a source of domestic water supply; pro- 
vided, that in no case shall such a source of pollution be located 
within 50 feet, measured horizontally, from a domestic water supply. 
100 feet for municipal. No privy shall be located within 25 feet of a 
dwelling. All privies must be constructed as to prevent flies from 
coming into contact with the privy contents. 
Section 2. No settling tank, cess-pool, or privy shall be per- 
mitted where sewer connections are available. 
Section 3. Public Toilets. All toilets used by guests or patrons 
of any public place or place of business must at all times be kept 
clean and free from dirt and filth, and the person, persons, firm, 
or corporation conducting such public place or place of business shall 
be responsible for the observance of this regulation. It shall be the 
duty of the local or county health officer or his assistant to see that 
this regulation is enforced. 
Regulation 61. Public Health Nursing. 
Section 1. All public health nurses, including city school nurses, 
county school nurses, community welfare nurses, etc., doing work 
within the State of North Dakota shall be under the immediate con- 
trol and supervision of the local boards of health where the services 
are being rendered and as such under the direct control of the State 
Department of Health, and subject to such rules and regulations of 
said State Department of Health as may from time to time become 
effective. It shall be the duty of the State Health Officer to direct 
the State Public Health nursing program; to require regular, ade- 
quate, and uniform reports; and to assist all efforts in the field to 
improve the quality of the service. 
Section 2. All public health nurses, including city school nurses, 
county school nurses, community welfare nurses, etc., before entering PUBLIC HEALTH LAWS 
121 
on their duties as such within the State of North Dakota, shall procure 
from the State Health Officer a permit, certifying to their registra- 
tion with the State of North Dakota, as a member of the North 
Dakota Nursing Association, individual training, qualifications, and 
fitness for such position, and of having had special public health 
nursing training satisfactory to the State Health Officer. Provided, 
however, that all those who are engaged as public health nurses with- 
in the State of North Dakota shall be granted a permit if applied for 
within six months from the date of publication of this regulation. 
Regulation 62. Vital Statistics—The laws governing vital statis- 
tics are sufficient for present needs. 
(The following Rules and Regulations not of General Interest will be 
Published Separately) 
Regulation 63. Sanitation of Barber Shops 
Regulation 64. Governing Beauty Parlors 
Regulation 65. Standard Minimum Plumbing Code 
Regulation 66. Standard Railway Sanitary Code. Hereafter 
contractors and other persons who may establish an industrial camp 
or camps for the purpose of potato picking, sugar beet topping or 
harvesting or any like occupation or for the purpose of construction 
of any road, railroad, or irrigation works, or other work, or any other 
temporary or permanent industrial camp of whatsoever nature, shall 
report to the State Health Officer concerning the location of such 
camp or camps and shall arrange such camp or camps in a manner 
approved by the State Health Official, so as to maintain good sani- 
tary conditions, and shall at all times keep such camp or camps in 
a sanitary condition satisfactory to the State Health Official. The 
rules governing construction camps contained in the Standard Rail- 
way Sanitary Code, which are a part of this Regulation, shall govern 
all camps unless otherwise specified. 
Note: The Railway Sanitary Code is published separately. Copy 
will be sent on application. 
WATER, SEWERAGE AND REFUSE DISPOSAL 
Regulation 67. 
Section 1. Sanitary Regulation No. 1 of the State Water Con- 
servation Commission follows and is hereby declared to be a part 
of the Regulations of the State Department of Health: 
“No system for the disposal of sewage, industrial waste, garbage, 
or refuse, tending to pollute water courses, shall be installed by any 
public agency or by any person or corporation, nor shall any such 
existing system be materially altered or extended until satisfactory 
plans and specifications for the installation, alteration, or extension, 
together with such information as the State Water Conservation 
Commission and the State Department of Health may require, have 
been submitted in duplicate and approved by the State Water Con- 
servation Commission and the State Department of Health, and no 122 
STATE OF NORTH DAKOTA 
construction shall take place except in accordance with the approved 
plans.” 
Section 2. Whenever complaint shall be made to the State De- 
partment of Health of the pollution or of the polluted condition of 
any of the waters of the state or whenever the State Department 
of Health shall have reason to believe that any of the waters are 
being polluted in a manner prejudicial to the health and comfort of 
any of its inhabitants, it shall be the duty of the State Department 
of Health to make an investigation covering the pollution or the 
polluted condition. Whenever an investigation shall be undertaken 
by the State Department of Health, it shall be the duty of any organ- 
ization or person concerned in such pollution to furnish upon request 
to the State Department- of Health, such information as may be 
required as to the amount and character of the polluting material 
discharged into the said waters by such organization or person. If 
the State Department of Health shall find that any of the waters of 
the state have been or are being polluted in a manner prejudicial to 
the health and comfort of its inhabitants, the State Department of 
Health shall have the authority to make an order requiring such 
pollution to cease within a reasonable time, or requiring such man- 
ner of treatment or of disposition of the sewage or other polluting 
material as may in its judgment be necessary to prevent the future 
pollution of such waters, or both. And it shall be the duty of the 
organization or person to whom such order is directed to fully com- 
ply with the said order of the State Department of Health. If the 
organization or person shall consider the requirements of the said 
order to be illegal, unjust, or unreasonable, an appeal therefrom 
within 30 days after the making of the order can be made to the 
district court of the county in which the pollution or polluted con- 
dition occurs; and the said court shall hear the said case without 
delay, and shall render a decision approving, setting aside or modify- 
ing the said order, or fixing the terms upon which said permit shall 
be granted, and stating the reasons therefor. 
“Sewage” is a combination of the liquid wastes conducted away 
from residences, business buildings, and institutions, together with 
those from industrial establishments; and with such ground, surface 
and storm water as may be present. 
By the term “organization” in this regulation is meant munici- 
pality, company, corporation, or institution. 
Regulation 68. Care and Disposal of Refuse and Garbage. No 
house refuse, offal, garbage, dead animals, decaying vegetable matter, 
manure, or organic waste matter of any kind shall be thrown upon 
any street, alley, highway, or public place. Within the limits or closely 
adjacent areas of any incorporated or unincorporated city, town, vil- 
lage or built up community such refuse, offal, etc., shall be collected 
in receptacles which shall be so constructed so as to be of sufficient 
dimensions for the reception of all the material, shall be watertight, 
shall be made of tight-matched lumber, galvanized iron, or other 
suitable impervious material, shall stand at least nine inches from PUBLIC HEALTH LAWS 
123 
the ground and shall be provided with a suitable cover which must 
be kept properly adjusted to the same so as to protect the contents 
from flies, insects, rats, and animals or vermin. All garbage or refuse 
containers shall have their contents emptied at least once every 48 
hours during the months from April 1 to October 31 and at least 
once every four days from November 1 to March 31. (It is to be noted 
that compliance with this section will not under all instances deter- 
mine that a nuisance has not been created. Section 42-0101 of the 
1943 Revised Code defines nuisances). 
Regulation 69. Filling in of Land. No filling in or making of 
land by the dumping of rubbish or other material shall be done 
within, or in the vicinity of, any incorporated or unincorporated city, 
town, village, or built up community unless approved of by the 
health officer having jurisdiction. 
Regulation 70. Section 1. No system of sewage or sewage dis- 
posal for public use in the state, which affects or tends to affect 
public health shall be installed, nor shall any such existing system 
be materially altered or extended, until complete plans and speci- 
fications for the installation, alteration, or extension, together with 
such information as the State Department of Health may require, have 
been submitted in triplicate and approved by the State Department 
of Health so far as related to their sanitary features. The basis for 
approval shall be the “Minimum Sanitary Standards For Public 
Sewerage Systems” established by the State Department of Health. 
All construction shall take place in accordance with the plans as ap- 
proved, either with or without modification. Whenever any govern- 
ing body having charge thereof shall determine that there shall be 
any material change in the plans, construction, or operation of any 
such system, such governing body or their authorized representative 
shall submit to the State Department of Health a detailed statement 
of such action or such contemplated changes before it shall enter 
upon the making of such changes or enter into any contracts therefor 
or any part thereof, and then such changes shall be made only after 
approval by the State Department of Health as to all matters liable 
to affect public health. 
Section 2. Submission of Plans for Sewage System and Sewage 
Treatment Works. Plans in triplicate shall be submitted to the State 
Department of Health for examination at the earliest possible date 
prior to the date upon which action of the State Department is 
desired. From this it is not to be inferred that action by the Depart- 
ment will always be taken within the time mentioned. 
Plans shall be accompanied by three copies of specifications and 
three copies of an engineer’s report on the project. (According to 
Section 43-1918 of the North Dakota revised code of 1943 all plans 
and specifications for public works exceeding $2000 must be prepared 
by a registered professional engineer). 
Section 3. Approval of Plans. Preliminary rejection of plans 
or suggested changes will generally be taken up with the engineer 124 
STATE OF NORTH DAKOTA 
designing the system. Final approval or rejection will be indicated 
on each sheet of the plans and profiles, and in a letter on the 
project as a whole. Copies of said letter, accompanying a set of the 
plans, if approved, will be sent to the engineer and to the mayor 
or other executive of the city, village, or institution for which the 
system or plant is designed. This system of distribution of letters of 
approval and plans may be modified at the discretion of the State 
Department of Health. 
Regulation 71. Information Required, The plans for a complete 
sewerage and sewage treatment plant shall conform to the following 
six sections: (if possible all of this material should be bound in an 
8V2 by 11 folder convenient for filing) 
Section 1. A general map of the municipality or sewage district. 
(a) The general plan shall be drawn to a scale not greater 
than 100 or less than 300 feet to the inch and shall show the entire 
area of the municipality or district. If more than one sheet is neces- 
sary, an index map shall be supplied showing by number the area 
covered by the various sheets. A general plan shall accompany each 
application for a new sewer system or for an extension or modifica- 
tion of any existing sewer system, unless such general plan has 
already been submitted. 
(b) This plan shall show all existing or proposed streets and 
the surface elevations at all street intersections. 
If it is intended to defer the construction of sewers in some of 
the streets, the plan shall show that sewerage facilities can be pro- 
vided for all sections of the municipality or sewerage district. The 
plans shall also clearly show the location of all existing sewers, either 
“separate” or “combined,” and the location of existing and proposed 
sewer outlets or overflows. The true or magnetic meridian, the town 
or borough lines, title, date, scale, direction of flow, and average 
water elevation of the stream shall also be clearly shown. The ele- 
vation of the highest known freshets at the outlets and site of the 
disposal plant shall be given. Any area from which sewage is to be 
pumped shall be shown by light shading, coloring, or other distinc- 
tive marks. 
(c) Letters and figures shall be clearly and distinctly made. 
Sewers to be built at present shall be shown by solid lines, and 
sewers to be constructed later shall be shown by a line of dashes as 
. Existing sanitary sewers shall be shown by the 
following symbol, , and combined sewers by 
dot and dash, All topographical symbols are to be the 
same as those of the United States Geological Survey. 
(d) Elevations of the surface of the streets should be placed 
outside the street lines in the upper right angle or opposite their 
respective positions in the street. The elevations of sewer inverts 
should be shown at street intersections, ends of lines, and wherever 
a change of grade occurs. The elevations of the sewer shall be written 
close to the point to which they refer, parallel with the sewer line, 
and between the street lines. The elevations of surface shall be PUBLIC HEALTH LAWS 
125 
shown to the nearest 0.1 foot; those of the sewer invert shall be 
shown to the nearest 0.01 foot. The sizes and gradients of all pro- 
posed and existing sewers shall be marked along the line of the 
sewer. 
(e) All sewer appurtenances and unusual features, such as man- 
holes, flush tanks, siphons, pumps, etc., shall be designated on the 
plans by suitable symbols and referenced by a legend near the title. 
Section 2. Profiles of all sewers proposed. 
(a) Profiles of all sewers used shall accompany the application. 
Section 3. Details of construction of manholes, flush tanks, and 
special structures pertaining to the sewers. 
(a) Detail drawings of sewer sections, except where terra cotta 
or iron pipe is used, and of all sewer appurtenances, such as man- 
holes, lampholes, flush tanks, inspection chambers, siphons, and any 
special structures, shall accompany the general sewer plans. 
The detail plans shall be drawn to such a scale as to show 
suitably and clearly the nature of the design and all details, such 
as manhole frame and covers, iron pipes, valves, gates, etc. 
Section 4. General and Detailed Plans for Disposal Works. 
(a) Drawings of the disposal works shall include a general 
plan upon which reserve areas or future extensions are clearly shown 
and detail plans of the various units and structures which comprise 
the plant. 
(b) The detail plans shall show longitudinal and transverse 
sections sufficient to explain the construction of each unit. They 
should also show the distribution and drainage system, general ar- 
rangement of any automatic device; sizes of stone, gravel or sand 
used as filtering material; and such other information as is required 
for the intelligent understanding of the plans. 
(c) Each drawing shall have legibly printed thereon the name 
of the town or persons for whom the drawing is made, the name of 
the engineer in charge, the date, the scale, and such references in the 
title as are necessary for the complete understanding of same. 
Section 5. A comprehensive report upon the proposed system 
by the designing or consulting engineer. 
(a) Information concerning sewer systems to be included in 
the engineer’s report. 
(1) The nature and extent of the area which is proposed 
to be included within the present system of sewage, and of the area 
which is planned to drain ultimately into this system. 
(2) The estimated per capita daily flow of sewage to be 
cared for. 
(3) The population to be served, that at the present time 
and that estimated for 25 years hence. 
(4) The total and per capita water consumption of the town 
at the present time. 
(5) The allowance made for leakage into the sewers. 
(6) The estimated daily flow of sewage, including leaks. 126 
STATE OF NORTH DAKOTA 
(7) The character of the sewage, (whether domestic or 
including manufacturing wastes. In case of the latter, the nature 
and approximate quantity of the same shall be stated in specific 
terms). 
(8) Method of flushing or periodically cleaning the sewers. 
(9) That portion of the sewers to be built at the present 
time. 
(10) The minimum grades of sewers for each size used. 
(11) If there are sections which cannot drain into this sys- 
tem, the extent of such sections and the probable future disposition 
of the sewage from these sections shall be given. 
(12) A list of bench marks or fixed elevations should be 
included in this report. 
(b) Information concerning treatment plant to be included in 
the written report. 
(1) The method of treatment to be adopted and a descrip- 
tion of the units of the system. 
(2) The rate of working of such unit. 
(3) If disinfectant is to be used, the name of the disinfect- 
ing substance, the quantity per million gallons of sewage, and the 
method of application. 
(4) The nature of the body of water into which the efflu- 
ent discharges, with particular reference to the run-off during dry 
weather. 
(5) The disposal of sludge. 
(6) All conditions peculiarly characteristic of the locality 
and which in any way affect the design of the system. 
(7) Special devices used in connection with the treatment 
system. 
(8) Special methods of maintenance or operation of the 
system. 
(9) The results expected from the purification system. 
(10) Explain any provisions for reserve units in pumping 
plants, pipe lines, filters, etc. 
Section 6. Specifications for the construction of the system of 
sewers and sewage treatment works shall accompany all plans for 
which approval is requested. 
An estimate of the cost shall accompany all plans for new or 
original systems. 
Regulation 72. Extensions to or Modifications of Present Sys- 
tems. If the plans are solely for the extension to or modification of 
an existing system, then only such information as is necessary for 
the comprehension of the plans will be required. This information 
must in general conform to the above requirements for a complete 
system. 
Regulation 73. Systems on Separate Plan. Under ordinary cir- 
cumstances the State Department of Health will approve only such 
plans for a sewerage system which are so designed that all rain water PUBLIC HEALTH LAWS 
127 
from roofs, streets, and other areas and all ground water, other than 
unavoidable leakage, is to be excluded. 
Regulation 74. Samples of Sewage To Be Analyzed. The State 
Department of Health will collect and analyze samples of sewage 
from all public sewer systems at regular intervals. 
Regulation 75. Section 1. Water and Sewer Connections. When- 
ever any North Dakota city or village having power to do so installs 
or constructs a municipal sewer and water plant within its corporate 
limits along any public street or alley, it shall be the duty of every 
owner or occupant of any abutting property, plotted into lots and 
blocks with a dwelling house or business property situated therein, 
to install a flush toilet system in said dwelling or business property 
and to make connection thereof with the water and sewer in the street 
or alley adjacent thereto. Said connection shall be made within 30 days 
after written notice is given by the authorized local official to such 
owner or occupant. When the owner or occupant of any property so 
notified in writing shall fail, refuse, and neglect to install a toilet and 
make such sewer and water connection within 30 days and when proof 
of the service of such notice shall fail, such governing body may by 
a resolution direct that a toilet be installed and connection made 
with the sewer and water and that cost of said installation be paid 
in the first instance by the city or village out of the general fund 
of revenue, and the actual cost thereof assessed against the said 
property so benefitted. After such installation and connection is 
completed, there shall be served written notice of such assessment 
and an order directing the owner or his or her representative of such 
property to pay said assessment and within 10 days after the service 
of said written notice to the treasurer of such city or village. After 
proof of such notice and order and proof that the assessment has 
not been paid within said 10 days, the same shall be certified to 
the county auditor for collection as other assessments for benefits, 
except that such assessments may be spread over a term of three 
years, if so requested when certified, and shall become a lien upon 
said property until paid. 
Section 2. Penalty for Failure to Make Connection. Any person 
who shall in any way interfere with the carrying out of the provi- 
sions of this regulation shall be subject to punishment by a fine of 
not less than twenty-five dollars ($25.DO) when convicted or more 
than one hundred dollars ($100.00) or to imprisonment in the county 
jail for not more than three months or by both fine and imprison- 
ment, at the discretion of the court. 
Regulation 76. Submission of Plans for Approval. No system 
of water supply, or water treatment works for public use in the state, 
which affects or tends to affect public health shall be installed, nor 
shall any such existing system be materially altered or extended, 
until complete plans and specifications for the installation, alteration, 
or extension, together with such information as the State Department 128 
STATE OF NORTH DAKOTA 
of Health may require, have been submitted in triplicate and ap- 
proved by the State Department of Health so far as relates to their 
sanitary features. The basis for approval shall be the “Minimum 
Sanitary Standards For Public Water Supplies” established by the 
State Department of Health. All construction shall take place in 
accordance with the plans as approved, whether with or without 
modification. Whenever any governing body having charge thereof 
shall determine that there shall be any material change in the plans, 
construction, or operation of any such system, such governing body 
or their authorized representative shall submit to the State Depart- 
ment of Health a detailed statement of such acion or such contem- 
plated changes before it shall enter upon the making of such 
changes or enter into any contracts therefor or any part thereof, and 
then such changes shall be made only after approval by the State 
Department of Health as to all matters liable to affect public health. 
Section 2. Submission of Plans for Water Supply and Water 
Treatment Works. Plans in triplicate shall be submitted to the 
State Department of Health for examination at the earliest possible 
date prior to the date upon which action by the department is 
desired. From this it is not to be inferred that action by the depart- 
ment will always be taken within the time mentioned. 
Plans shall be accompanied by three copies of specifications and 
three copies of an engineer’s report on the project. (According to Sec- 
tion 43-1918 of the North Dakota Revised Code of 1943 all plans and 
specifications for public work exceeding $2000.00 must be prepared 
by a registered professional engineer.) 
Section 3. Approval of Plans. Preliminary rejection of plans 
or suggested changes will generally be taken up with the engineer 
designing the system. Final approval or rejection will be indicated 
on each sheet of the plans and profiles, and in a letter on the project 
as a whole. Copies of said letter, accompanying a set of the plans, 
if approved, will be sent to the engineer and to the mayor or other 
executive of the city, village, or institution for which the system or 
plant is designed. This system of distribution of letters of approval 
and plans may be modified at the discretion of the State Department 
of Health. 
Regulation 77. Information Required. The plans for a com- 
plete water supply and water system shall conform to the following 
five sections: 
If possible, all this material should be bound in 8V2" x 11" folder 
convenient for filing. 
Section 1. A general plan of the municipality or district, show- 
ing the pi’oposed system. 
(a) The general plan shall be drawn to a scale not greater 
than 100 nor less than 300 feet to the inch and shall show the entire 
area of the municipality or district. If more than one sheet is neces- 
sary, an index map shall be supplied showing by number the area 
covered by the various sheets. A general plan shall accompany each PUBLIC HEALTH LAWS 
129 
application for a new water system or for any extension or modifica- 
tion of any existing water system, unless such general plan has 
already been submitted. 
(b) Details of Map. This map shall show all existing or pro- 
posed streets, the surface elevations of all street intersections, and 
the elevations of the principal parts of the water system, such as 
water at the intake, in the reservoir or standpipe, etc. The map 
should show that water supply facilities can be provided for all sec- 
tions of the municipality or district, even though the construction of 
pipe lines in some of the streets is to be deferred indefinitely. The 
location of intakes, valves, hydrants, reservoirs, pumps, standpipes, 
the purification plant, and any special structures shall be shown and 
referenced in a legend near the title. The size of pipes shall be writ- 
ten between the street lines and along the pipe. The map shall also 
show the true or magnetic meridian, title, scale, date, the municipal 
or district boundaries, and the mean, low and high water elevations 
of water at the intake. If the site of the pumping plant is subject 
to flooding, the elevation of the highest known flood water must be 
given. 
(c) Letters and figures shall be clearly and distinctly made. 
Pipe lines to be built at present shall be shown by solid lines and 
those to be later constructed shall be shown by broken lines. All 
topographical symbols used are to be the same as those used by the 
United States Geological Survey. 
(d) The elevations of the street intersections shall be placed 
outside of the street lines in the upper right hand angle or opposite 
their respective positions in the street. 
(e) Profiles of conduits or pipe lines may be plotted to a con- 
venient scale and shown on the plans. 
Section 2. Detail drawings showing the construction of any spe- 
cial structure in the distribution system. 
(a) Detail drawings of all special appurtenances, such as blow- 
offs, siphons, intakes, conduits, reservoirs, collecting galleries, filters, 
etc., shall be submitted. 
Section 3. General and detailed plans for the water treatment 
works. 
(a) The plans for the treatment works shall consist of a general 
plan upon which reserve areas or future extensions must be shown 
and also the general layout of the various units of the process, to- 
gether with the piping system. 
(b) The detail drawings shall include longitudinal and trans- 
verse sections sufficient to show the construction of each unit and 
part of the plant. They shall also show the distributing, drainage, 
and cleansing systems, the general arrangement of any automatic 
devices, the sizes and depth of stone gravel or sand used for filtering 
material, and such other information as is required for the intelli- 
gent understanding of the plans. 
(c) Each drawing shall have legibly printed thereon the name 
of the municipality or persons for whom the drawings are made, the 130 
STATE OF NORTH DAKOTA 
name of the engineer in charge, the date, the scale and such refer- 
ences in the title as are necessary for the complete understanding of 
each drawing. 
Section 4. A comprehensive report upon the proposed system 
by the designing or consulting engineer. 
(a) A report written by the designing or consulting engineer, 
shall be presented with all plans for complete systems and shall give 
all data upon which the design is based or which is required for the 
complete understanding of the plans. 
(b) Wells and Collecting Galleries. If the water supply is to be 
taken from wells, description shall be given of the number, depth, 
size and construction of the same, the method of pumping, the ca- 
pacity of the pumps, the kind of strainer used, the nature of gi’ound 
through which wells will be driven, and the probable flow of the 
wells. If collecting galleries are to be used, their construction shall 
be described. 
(c) Information Concerning Treatment Plant. The following 
information concerning the treatment plant is required: The method 
of treatment and a description of the units of the system; the rate 
of operation of each of the systems; the rate of operation of each 
unit of the plant; if any chemicals are used, the nature and quantity 
of each with a description of the appliances for adding the same to 
the water; a description of all conditions which are peculiarly char- 
acteristic of the water or locality and which in any manner affect 
the design cooperation of the system; a description of all the special 
appliances used, any special methods of maintenance or operation of 
the plant, and the extent of treatment expected or guaranteed. 
(d) The report should further include a description of the na- 
ture and extent of the area to which it is proposed to supply water, 
or which will ultimately be supplied from the system, the quantity 
of water to be supplied daily, and the population to be served, the 
portion of the system to be constructed at present, and the minimum 
depth of pipe below the surface of the ground. A description of any 
provision for future units of pumping plants, filters, etc., should 
be given. 
(e) Unsupplied Districts. Should there be areas in the muni- 
cipality or districts which, on account of topography or for other 
reasons, cannot be supplied with water, a definite statement to this 
effect must be made and the probable future supply of this omitted 
territory should be discussed. 
Section 5. Specifications and an estimate of the cost for the 
construction of water supply and water treatment systems shall ac- 
company all plans for new or original systems. 
Regulation 78. Extensions to or Modifications of Present Sys- 
tems. If the plans are solely for the extension to or modification of 
the existing system, only such information as is necessary for the 
comprehension of the plans will be required. This information shall 
in general conform to the above requirements for a complete system. PUBLIC HEALTH LAWS 
131 
Regulation 79. Samples of Water To Be Analyzed. The State 
Department of Health will collect and analyze at regular intervals 
samples from all public water supplies. Requests for the analysis of 
the special samples should be made to the department in writing, as 
samples will not be examined unless collected according to regula- 
tions of the State Department of Health. 
Regulation 80. Quality of Water. No supply of water fur- 
nished to people in the state for general use shall contain bacteriolog- 
ical, chemical, or physical impurities which shall injuriously affect 
or tend to affect public health. It shall satisfy the bacteriological 
standards of the United States Public Health Service for waters used 
by the public on interstate common carriers. The source of water 
supply, the location, and construction features, and the method of 
distribution shall be satisfactory according to a sanitary survey. Any 
water supply falling below these requisites shall be either improved 
in order to fulfill the standards or discontinued. 
Regulation 81. Swimming Pools. No swimming pool used or 
intended for use by the public or by any school, club, organization, 
or institution shall be constructed, nor shall any such swimming 
pool now or hereafter existing, used or intended for such use, be 
materially altered or enlarged until complete plans and specifica- 
tions therefor, together with such information as the State Depart- 
ment of Health may require, shall have been submitted in triplicate 
and approved by the department so far as sanitary features are 
concerned. The basis for approval shall be the Department’s “Mini- 
mum Sanitary Standards for Swimming and Wading Pools.” Pre- 
liminary rejection of plans or suggested changes would generally be 
taken up with the engineer designing the system. Final approval or 
rejection will be indicated on each sheet of the plans and in a letter 
on the subject, copies of which will be sent to the engineer or to 
the mayor or other executive of the city, village, school, or institu- 
tion for which the pool is designed. The State Department of Health 
may deviate from this method of routing if it appears desirable 
to do so. 
After such plans have been approved by the State Department of 
Health, no modification, affecting sanitary features thereof shall be 
made without the approval of the State Department of Health. No 
contract for the construction, alteration, or enlargement of any such 
swimming pool shall be let until the plans and specifications there- 
fore have been approved as herein provided. 
Regulation 82. School Water and Sewerage Systems. Section 1. 
School Water Supplies. No school in the state shall install a system 
of water supply or connect to an existing system, nor shall present 
school water systems be materially altered or extended until com- 
plete plans and specifications therefor, together with such further 
information as the State Department of Health may require, shall 
have been submitted in triplicate and approved by the Department so 
far as sanitary features are concerned. The basis for approval shall 132 
STATE OF NORTH DAKOTA 
be the “Minimum Sanitary Standards for Water and Sewerage Sys- 
tems at Public Schools” established by the State Department of 
Health. The State Department of Health may waive the requirement 
for complete plans in triplicate when the work involved is of a 
relatively minor nature and accept in lieu thereof pencil drawing 
sketches and descriptions which they consider adequate for the 
facility involved. After such plans have been approved by the 
State Department of Health, no modification affecting the sanitary 
features thereof shall be made without the approval of the State 
Department of Health. 
Section 2. School Sewerage Systems. No school in the state 
shall install a sewerage system or sewage disposal facilities or connect 
to an existing sewerage system, nor shall present sewerage systems 
be materially altered or extended until complete plans and specifi- 
cations therefor, together with such information as the State De- 
partment of Health may require, shall have been submitted in tripli- 
cate and approved by the Department so far as sanitary features are 
concerned. The basis for approval shall be the “Minimum Sanitary 
Standards for Water and Sewerage Systems at Public Schools” es- 
tablished by the State Department of Health. The State Department 
of Health may waive the requirement for complete plans in triplicate 
when the work involved is of a relatively minor nature and accept 
in lieu thereof pencil drawing sketches and descriptions which they 
consider adequate for the facility involved. After such plans have 
been approved by the State Department of Health, no modification 
affecting the sanitary featurers thereof shall be made without the 
approval of the State Department of Health. 
Regulation 83. Sale of Bulk and Bottled Water Supplies In- 
tended for Domestic Purposes. After January 1, 1939, no individual 
company, or corporation shall sell or offer for sale to the public in 
the state, bottled water, or water in bulk, transported by physical 
means, until the source of supply, the equipment and the method of 
handling have been approved in writing by the State Department of 
Health. However, that this regulation shall not apply to municipal 
water supplies distributed to the consumers under pressure from a 
water works system approved by the North Dakota State Depart- 
ment of Health. 
Regulation 84. Trailer Camps. The State Department of Health 
is authorized to assist county, city, or district health authorities in 
the formulation of and recommendations for establishing, maintain- 
ing, and regulating the public health conditions in trailer camps, 
temporary camps, summer camps, construction camps, and the like. 
The personnel and facilities of the department are to be utilized as 
far as practicable in the inspection, ratings, and the establishment 
of policies to regulate the sanitary conditions of such camps. 
Regulation 85. Milk Sanitation. Section 1. It shall be the duty 
of the State Department of Health to work with and assist city, county, PUBLIC HEALTH LAWS 
133 
and district boards of health in inaugurating and conducting milk 
sanitation programs. The department shall; 
(a) Study the city milk supplies when requested or agreed to 
by city health officers and city officials, with reports to these offi- 
cials of true conditions and recommendations for the improvement 
of the supplies and correction of defects. 
(b) Assist and advise in the formulation and inauguration of 
local ordinances and in the provision for city inspection and labora- 
tory services for the enforcement of such ordinances. 
(c) Assist in training local inspectors and aiding health officers 
in milk sanitation work and supervision of those in such work. 
(d) Furnish technical assistance beyond that ordinarily avail- 
able from city inspectors, who may not have technical training in 
milk sanitation or general public health engineering. 
(e) Maintain advisory service for dairymen and pasteurization 
plant operators who contemplate new construction or remodeling 
existing plapts to insure that such alterations or construction meets 
modern standards and practices. 
(f) Investigate for or with local health officials special condi- 
tions where there is evidence that a milk supply has spread or may 
spread, or cause disease. 
(g) Standardize the milk inspection work of the local health 
departments according to the program as outlined by the United 
States Public Health Service Milk Ordinance and Code, currently 
in effect. 
(h) Cooperate with and assist out-of-state agencies and health 
departments interested in milk sanitation work in North Dakota from 
a standpoint of interstate supplies. 
Section 2. No pasteurization plant, which sells milk or milk 
products for human consumption, shall be constructed, nor shall any 
such existing plant be materially altered or extended, until complete 
plans and specifications for the installation, or extension, together 
with such information as the State Department of Health may re- 
quire, have been submitted in triplicate and approved by the State 
Department of Health so far as relates to their sanitary features. All 
construction shall take place in accordance with the plans as ap- 
proved. 
Section 3. RULES AND REGULATIONS GOVERNING THE 
PRODUCTION, PROCESSING, DISTRIBUTION, AND SALE OF 
FLUID MILK AND MILK PRODUCTS, FOR ENFORCEMENT BY 
COUNTY SUPERINTENDENT OF HEALTH, (AS GRANTED IN 
SECTION 23-0307 OF THE NORTH DAKOTA REVISED CODE OF 
1943.) 
Rules and Regulations defining “rpilk” and certain “milk prod- 
ucts,” “milk producer,” “pasteurization,” etc., prohibiting the sale of 
adulterated and misbranded milk and milk products, requiring per- 
mits for the sale of milk and milk products, reguating the inspection 
of dairy farms and milk plants, the examination, grading, labeling, 
placarding, pasteurization, regrading, distribution, and sale of milk 134 
STATE OF NORTH DAKOTA 
and milk products, providing for the publishing of milk grades, the 
construction of future dairies and milk plants, the enforcement of 
these rules and regulations. 
I. Definitions.—The following definitions shall apply in the 
interpretation and the enforcement of these rules and regulations: 
A. Milk.—Milk is hereby defined to be the lacteal secretion 
obtained by the complete milking of one or more healthy cows, ex- 
cluding that obtained within 15 days before and 5 days after calving, 
or such longer period as may be necessary to render the milk prac- 
tically colostrum free; which contains not less than 8 percent of milk 
solids not fat, and not less than 314 percent of milk fat. 
B. Milk fat or butter fat.—Milk fat or butter fat is the fat of 
milk. 
C. . Cream and sour cream.—Cream is a portion of milk which 
contains not less than 18 percent milk fat. Sour cream is cream the 
acidity of which is more than 0.20 percent, expressed as lactic acid. 
D. Skimmed milk.—Skimmed milk is milk from which a suf- 
ficient portion of milk fat has been removed to reduce its milk-fat 
percentage to less than 314 percent. 
E. Milk or skimmed-milk beverage.—A milk beverage or a 
skimmed-milk beverage is a food compound or confection consisting 
of milk or skimmed milk, as the case may be, to which has been 
added a syrup or flavor consisting of wholesome ingredients. 
F. Buttermilk.—Buttermilk is a product resulting from the 
churning of milk or cream, or from souring or treatment by a lactic 
acid or other culture of milk, skimmed milk, reconstituted skimmed 
milk, evaporated or condensed milk or skimmed milk, or milk or 
skimmed-milk powder. It contains not less than 8 percent of milk 
solids not fat. 
G. Vitamin D. Milk.—Vitamin D milk is milk the vitamin D 
content of which has been increased by a method and in an amount 
approved by the health officer. 
H. Reconstituted or recombined milk and cream.—Reconsti- 
tuted or recombined milk is a product resulting from the recombining 
of milk constituents with water, and which complies with the stand- 
ards for milk fat and solids not fat of milk as defined herein. Recon- 
stituted or recombined cream is a product resulting from the com- 
bination of dried cream, butter, or butter fat with cream, milk, 
skimmed milk, or water. 
I. Goat Milk.—Goat milk is the lacteal secretion, free from 
colostrum, obtained by the complete milking of healthy goats, 
and shall comply with all the requirements of these rules and regu- 
lations. The word “cows” shall be interpreted to include goats. 
J. Homogenized milk.—Homogenized milk is milk which has 
been treated in such manner as to insure break-up of the fat globules 
to such an extent that after 48 hours storage no visible cream separa- 
tion occurs on the milk and the fat percentage of the top 100 cc. of PUBLIC HEALTH LAWS 
135 
milk in a quart bottle, or of proportionate volumes in containers of 
other sizes, does not differ by more than 10 percent of itself from 
the fat percentage of the remaining milk as determined after thorough 
mixing. 
K. Milk products.—Milk products shall be taken to mean and 
include cream, sour cream, homogenized milk, goat milk, vitamin D 
milk, buttermilk, skimmed milk, reconstituted or recombined milk 
and cream, milk beverages, skimmed-milk beverages, and any other 
product made by the addition of any substance to milk or any of these 
products and used by similar purposes and designated as a milk 
product by the health officer. 
L. Pasteurization.—The terms “pasteurization,” “pasteurized,” 
and similar terms shall be taken to refer to the process of heating 
every particle of milk or milk products to at least 143° F., and holding 
at such temperature for at least 30 minutes, or to at least 160° F., and 
holding at such temperature for at least 15 seconds, in approved and 
properly operated equipment: Provided, That nothing contained in this 
definition shall be construed as disbarring any other process which 
has been demonstrated to be equally efficient and is approved by 
the State health authority. 
M. Adulterated Milk and milk products.—Any milk or milk 
product which contains any unwholesome substance, or which if 
defined in these rules and regulations does not conform with its defi- 
nition, or which carries a grade label unless such grade label has 
been awarded by the health officer and not revoked, shall be deemed 
adulterated and misbranded. 
N. Milk producer.—A milk producer is any person who owns 
or controls one or more cows a part or all of the milk or milk products 
from which is sold or offered for sale. 
O. Milk distributor.—A milk distributor is any person who 
offers for sale or sells to another any milk or milk products for 
human consumption as such. 
P. Dairy or dairy farm.—A dairy or dairy farm is any place or 
premises where one or more cows are kept, a part or all of the milk 
or milk products from which is sold or offered for sale. 
Q. Milk plant.—A milk plant is any place or premises or estab- 
lishment where milk or milk products are collected, handled, pro- 
cessed, stored, bottled, pasteurized, or prepared for distribution. 
R. Health Officer.—The term “health officer” shall mean the 
health authority of the city, village, county, or health district, or his 
authorized representative. 
S. Average bacterial plate count, direct microscopic count, 
reduction time, and cooling temperature.—Average bacterial plate 
count and average direct microscopic count shall be taken to mean the 
logarithmic average, and average reduction time and average cooling 
temperature shall be taken to mean the arithmetic average, of the 
respective results of the last four consecutive samples, taken upon 
separate days, irrespective of the date of grading or regrading. 136 
STATE OF NORTH DAKOTA 
T. Grading period.—The grading period shall be such period 
of time as the health officer may designate within which grades shall 
be determined for all milk and milk products, provided that the 
grading period shall in no case exceed 6 months. 
U. Person.—The word “person” as used in these rules and 
regulations shall mean “person, firm, corporation, or association.” 
V. And/or.—Where the term “and/or” is used “and” shall apply 
where possible, otherwise “or” shall apply. 
II. The sale of adulterated, misbranded, or ungraded milk or 
milk products prohibited.—No person shall within any city or its 
police jurisdiction, produce, sell, offer, or expose for sale, or have 
in possession with intent to sell, any milk or milk product which is 
adulterated, misbranded, or ungraded. It shall be unlawful for any 
person, elsewhere than in a private home, to have in possession any 
adulterated, misbranded, or ungraded milk or milk product. 
III. Permits. It shall be unlawful for any person to bring into 
or receive into any city, or its police jurisdiction, for sale, or to sell, 
or offer for sale therein, or to have in storage where milk or milk 
products are sold or served, any milk or milk product defined in 
these rules and regulations, who does not possess a permit from the 
health officer of the city. 
Only a person who complies with the requirements of these rules 
and regulations shall be entitled to receive and retain such a permit. 
Such a permit may be suspended by the health officer, or revoked 
after an opportunity for a hearing by the health officer, upon the 
violation by the holder of any of the terms of these rules and regu- 
lations. 
IV. Labeling and placarding,—All bottles, cans, packages, and 
other containers enclosing milk or any milk product defined in these 
rules and regulations shall be plainly labeled or marked with (1) the 
name of the contents as given in the definitions in these rules and 
regulations: (2) the grade of the contents; (3) the word “pasteurized” 
only if the contents have been pasteurized; (4) the word “raw” only 
if the contents are raw; (5) the phrase “for pasteurization” if the con- 
tents are to be pasteurized; (6) the name of the producer if the 
contents are raw, and the name of the plant at which the contents 
were pasteurized, if contents are pasteurized; and (7) in the case of 
vitamin D milk, the designation “vitamin D. Milk” and the source 
of vitamin D. The label or mark shall be in letters of a size, kind, 
and color approved by the health officer and shall contain no marks 
or words which are misleading. 
Every restaurant, cafe, soda fountain, or other establishment 
serving milk or milk products shall display at all times, in a place 
designated by the health officer, a notice approved by the health 
officer, stating the lowest grade of milk and/or milk products served. 
V. Inspection of dairy farms and milk plants for the purpose 
of grading or regrading.—At least once during each grading period PUBLIC HEALTH LAWS 
137 
the health officer shall inspect all dairy farms and all milk plants 
whose milk or milk products are intended for consumption within 
any city, or its police jurisdiction. In case the health officer discovers 
the violation of any item of sanitation, he shall make a second inspec- 
tion after a lapse of such time as he deems necessary for the defect 
to be remedied, but not before the lapse of 3 days; and the second 
inspection shall be used in determining the grade of milk and/or milk 
products. Any violation of the same item of these rules and regula- 
tions on two consecutive inspections shall call for immediate de- 
grading. 
One copy of the inspection report shall be posted by the health 
officer in a conspicuous place upon an inside wall of one of the 
dairy farm or milk plant buildings, and said inspection report shall 
not be defaced or removed by any person except the health officer. 
Another copy of the inspection report shall be filed with the records 
of the health department. 
VI. The examination of milk and milk products.—During each 
grading period at least four samples of milk and cream from each 
dairy farm and each milk plant shall be taken on separate days and 
examined by the health officer. Samples of other milk products 
may be taken and examined by the health officer as often as he 
deems necessary. Samples of milk and milk products from stores, 
cafes, soda fountains, restaurants, and other places where milk and 
milk products are sold shall be examined as often as the health 
officer may require. Bacterial plate counts and direct microscopic 
counts shall be made in conformity with the latest standard methods 
recommended by the American Public Health Association. Exami- 
nations may include such other chemical and physical determina- 
tions as the health officer may deem necessary for the detection of 
adulteration, these examinations to be made in accordance with the 
latest standard methods of the American Public Health Association 
and the Association of Official Agricultural Chemists. Samples may 
be taken by the health officer at any time prior to the final delivery 
of the milk or milk products. All proprietors of stores, cafes, restaur- 
ants, soda fountains, and other similar places shall furnish the 
health officer, upon his request, with the names of all distributors 
from whom their milk and milk products are obtained. Bio-assays 
of the vitamin D content of vitamin D milk shall be made when 
required by the health officer in a laboratory approved by him for 
such examinations. 
Whenever the average bacterial count, the average reduction 
time, or the average cooling temperature falls beyond the limit for 
the grade then held, the health officer shall send written notice there- 
of to the person concerned, and shall take an additional sample but 
not before the lapse of 3 days, for determining a new average in 
accordance with section 1 (S). Violation of the grade requirement 
by the new average or by any subsequent average during the re- 
mainder of the current grading period shall call for immediate de- 138 
STATE OF NORTH DAKOTA 
grading or suspension of the permit, unless the last individual result 
is within the grade limit. 
VII. The grading of milk and milk products. At least once ev- 
ery 6 months the health officer shall announce the grades of all milk 
and milk products delivered by all producers or distributors and ulti- 
mately consumed within any city, or its police jurisdiction. Said 
grades shall be based upon the following standards, the grading of 
milk products being identical with the grading of milk except that 
the bacterial standai’ds shall be doubled in the case of cream, and 
omitted in the case of sour cream and buttermilk. Vitamin D milk 
shall be only of grade A or grade B pasteurized, certified, or grade 
A raw quality. 
Certified milk-raw.—Certified milk-raw is raw milk which con- 
forms with the requirements of the American Association of Medi- 
cal Milk Commissions in force at the time of production and is pro- 
duced under the supervision of a medical milk commission and of 
the State board of health or of the city, county, or district health 
officer. 
Grade A raw milk.—Grade A raw milk is raw milk the average 
bacterial plate count of which as determined under sections 1(S) and 
6 of this rules and regulations does not exceed 50,000 per cubic centi- 
meter or the average direct microscopic count of which does not 
exceed 50,000 per cubic centimeter if clumps are counted or 200,000 
per cubic centimeter if individual organisms are counted, or the 
average reduction time of which is not less than 8 hours: Provided, 
That if it is to be pasteurized the corresponding limits shall be 200,000 
per cubic centimeter, 800,000 per cubic centimeter, and 6 hours, 
respectively; and which is produced upon dairy farms conforming 
with all of the following items of sanitation. 
ITEM Ir. Cows, tuberculosis and other diseases.—Except as pro- 
vided hereinafter, a tuberculin test of all herds and additions thereto 
shall be made before any milk therefrom is sold, and at least once 
every 12 months thereafter, by a licensed veterinarian approved by 
the State Livestock Sanitary Authority. Said tests shall be made and 
the reactors disposed of in accordance with the requirements approved 
by the United States Department of Agriculture, Bureau of Animal 
Industry, for accredited herds. A certificate signed by the veterinarian 
or attested to by the health officer and filed with the health officer 
shall be evidence of the above test: Provided, That in modified ac- 
credited counties in which the modified accredited area plan is applied 
to the dairy herds the modified accredited area system approved by 
the United States Bureau of Animal Industry shall be accepted in 
lieu of annual testing. 
All milk and milk products consumed raw shall be from herds 
or additions thereto which have been found free from Bang’s disease, 
as shown by blood serum tests for agglutinins against Brucella 
abortus made in a laboratory approved by the health officer. PUBLIC HEALTH LAWS 
139 
All such herds shall be retested at least every 12 months and 
all reactors removed from the herd. A certificate identifying each 
animal by number, and signed by the laboratory making the test, 
shall be evidence of the above test. 
Cows which show an extensive or entire induration of one or 
more quarters of the udder upon physical examination, whether 
secreting abnormal milk or not, shall be permanently excluded from 
the milking herd. Cows giving bloody, stringy, or otherwise abnormal 
milk, but with only slight induration of the udder, shall be excluded 
from the herd until re-examination shows that the milk has become 
normal. 
For other diseases such tests and examinations as the health 
officer may require shall be made at intervals and by methods pre- 
scribed by him, and an;/ diseased animals or reactors shall be disposed 
of as he may require. 
ITEM 2r. Dairy barn, lighting.—A dairy or milking barn shall 
be required and in such sections thereof where cows are milked 
windows shall be provided and kept clean and so arranged as to 
insure adequate light properly distributed, and when necessary shall 
be provided with adequate supplementary artificial light. 
ITEM 3r. Dairy barn, air space and ventilation.—Such sections 
of all dairy barns where cows are kept or milked shall be well venti- 
lated and shall be so arranged as to avoid overcrowding. 
ITEM 4r. Dairy barn, floors. The floors and gutters of such 
parts of all dairy barns in which cows are milked shall be constructed 
of concrete or other approved impervious and easily cleaned material, 
provided that if the milk is to be pasteurized tight wood may be used, 
shall be graded to drain properly, and shall be kept clean and in 
good repair. No horses, pigs, fowl, calves, etc., shall be permitted 
in parts of the barn used for milking. 
ITEM 5r. Dairy bam, walls and ceilings.—The walls and ceilings 
of all dairy barns shall be whitewashed once each year or painted 
once every 2 years, or oftener, if necessary, or finished in an ap- 
proved manner, and shall be kept clean and in good repair. In case 
there is a second story above that part of the barn in which cows 
are milked, the ceiling shall be tight. If the feed room adjoins the 
milking space, it shall be separated therefrom by a dust-tight parti- 
tion and door. No feed shall be stored in the milking portion of the 
barn. 
ITEM 6r. Dairy barn, cowyard. All cowyards shall be graded 
and drained as well as practicable and kept clean. 
ITEM 7r. Manure disposal.—All manure shall be removed and 
stored or disposed of in such manner as best to prevent the breeding 
of flies therein or the access of cows to piles thereof. 
ITEM 8r. Milk house or room, construction.—There shall be pro- 
vided a milk house or milk room in which the cooling, handling, and 140 
STATE OF NORTH DAKOTA 
storing of milk and milk products and the washing, bactericidal treat- 
ment, and storing of milk containers and utensils shall be done, 
(a) The milk house or room shall be provided with a tight floor con- 
structed of concrete or other impervious material, in good repair, and 
graded to provide proper drainage, (b) It shall have walls and ceilings 
of such construction as to permit easy cleaning, and shall be well 
painted or finished in an approved manner, (c) It shall be well 
lighted and ventilated, (d) It shall have all openings effectively 
screened including outward-opening, self-closing doors, unless other 
effective means are provided to prevent the entrance of flies, (e) It 
shall be used for no other purposes than those specified above except 
as may be approved by the health officer; shall not open directly 
into a stable or into any room used for domestic purposes; shall, 
unless the milk is to be pasteurized, have water piped into it; shall 
be provided with adequate facilities for the heating of water for the 
cleaning of utensils; shall be equipped with two-compartment sta- 
tionary wash and rinse vats, except that in the case of retail raw 
milk, if chlorine is employed as the principal bactericidal treatment, 
the three-compartment type must be used; and shall, unless the 
milk is to be pasteurized, be partitioned to separate the handling of 
milk and the storage of cleansed utensils from the cleaning and 
other operations which shall be so located and conducted as to prevent 
any contamination of the milk or of cleaned equipment. 
ITEM 9r. Milk house or room, cleanliness and flies.—The floors, 
walls, ceilings, and equipment of the milk house or room shall be kept 
clean at all times. All means necessary for the elimination of flies 
shall be used. 
ITEM lOr. Toilet.—Every dairy farm shall be provided with one 
or more sanitary toilets conveniently located and properly con- 
structed, operated, and maintained, so that the waste is inaccessible 
to flies and does not pollute the surface soil or contaminate any 
water supply. 
ITEM Hr. Water supply.—The water supply for the milk room 
and dairy barn shall be properly located, constructed, and operated, 
and shall be easily accessible, adequate, and of a safe sanitary quality. 
ITEM 12r. Utensils, construction.—All multi-use containers or 
other utensils used in the handling, storage, or transportation of milk 
or milk products must be made of smooth nonabsorbent material and 
of such construction as to be easily cleaned, and must be in good 
repair. Joints and seams shall be soldered flush. Woven wire cloth 
shall not be used for straining milk. All milk pails shall be of a 
small-mouth design approved by the health officer. The manufac- 
ture, packing, transportation, and handling of single-service con- 
tainers and containers caps and covei’s shall be conducted in a sani- 
tary manner. 
ITEM 13r. Utensils, cleaning.—All multi-use containers, equip- 
ment and other utensils used in the handling, storage, or transporta- PUBLIC HEALTH LAWS 
141 
tion of milk and milk products must be thoroughly cleaned after each 
usage. 
ITEM 14r. Utensils, bactericidal treatment.—All multi-use con- 
tainers, equipment, and other utensils used in the handling, storage, or 
transportation of milk or milk products shall between each usage be 
subjected to an approved bactericidal process with steam, hot water, 
chlorine, hot air, or processes approved by the Health Officer. 
ITEM 15r. Utensils, storage.—All containers and other utensils 
used in the handling, storage, or transportation of milk or milk pro- 
ducts shall be stored so as not to become contaminated before being 
used. 
ITEM 16r. Utensils, handling.—After bactericidal treatment no 
container or other milk or milk product utensil shall be handled in 
such manner as to permit any part of any person or his clothing to 
come in contact with any surface with which milk or milk products 
come in contact. 
ITEM 17r. Milking, udders and teats, abnormal milk.—The ud- 
ders and teats of all milking cows shall be clean and rinsed with a 
bactericidal solution at the time of milking. Abnormal milk shall be 
kept out of the milk supply and shall be so handled and disposed 
of as to preclude the infection of the cows and the contamination of 
milk utensils. 
ITEM 18r. Milking, flanks.—The flanks, bellies, and tails of all 
milking cows shall be free from visible dirt at the time of milking. 
ITEM 19r. Milkers’ hands.—Milkers’ hands shall be clean, rinsed 
with a bactericidal solution, and dried with a clean towel immediately 
before milking and following any interruption in the milking opera- 
tion. Wethand milking is prohibited. Convenient facilities shall be 
provided for the washing of milkers’ hands. 
ITEM 20r. Clean Clothing.—Milkers and milk handlers shall 
wear clean outer garments while milking or handling milk, milk pro- 
ducts, containers, utensils, or equipment. 
ITEM 21r. Milk stools.—Milk stools shall be kept clean. 
ITEM 22r. Removal of milk.—Each pail of milk shall be removed 
immediately to the milk house or straining room. No milk shall be 
strained or poured in the dairy barn. 
ITEM 23r. Cooling.—Milk must be cooled immediately after 
completion of milking to 50° F. or less, and maintained at that average 
temperature, as defined in section 1(S), until delivery. If milk is 
delivered to a milk plant or receiving station for pasteurization or 
separation, it must be delivered within 2 hours after completion of 
milking or cooled to 70° F. or less and maintained at that average 
temperature until delivered. 
ITEM 24r. Bottling and capping.—Milk and milk products shall 
be bottled from a container with a readily cleanable valve, or by 142 
STATE OF NORTH DAKOTA 
means of an approved bottling machine. Bottles shall be capped by 
machine. Caps or cap stock shall be purchased in sanitary containers 
and kept therein in a clean dry place until used. 
ITEM 25r. Personnel, health.—The health officer or a physician 
authorized by him shall examine and take a careful morbidity history 
of every person connected with a retail raw dairy, or about to be 
employed, whose work brings him in contact with the production, 
handling, storage, or transportation of milk, milk products, con- 
tainers, or equipment. If such examination or history suggests that 
such person may be a carrier of or infected with the organisms of 
typhoid or paratyphoid fever or any other communicable diseases 
likely to be transmitted through milk, he shall secure appropriate 
specimens of body discharges and cause them to be examined in a 
laboratory approved by him or by the State health authorities for 
such examinations, and if the results justify such person shall be 
barred from such employment. 
Such persons shall furnish such information, submit to such 
physical examinations, and submit such laboratory specimens as 
the health officer may require for the purpose of determining free- 
dom from infection. 
ITEM 26r. Miscellaneous.—All vehicles used for the transporta- 
tion of milk or milk products shall be so constructed and operated as 
to protect their contents from the sun and from contamination. All 
vehicles used for the transportation of milk or milk products in their 
final delivery containers shall be constructed with permanent tops 
and with permanent or roll-down sides and back, provided that 
openings of the size necessary to pass the delivery man may be per- 
mitted in the sides or back for loading and unloading purposes. All 
vehicles shall be kept clean, and no substance capable of contaminat- 
ing milk or milk products shall be transported with milk or milk 
products in such manner as to permit contamination. All vehicles 
used for the distribution of milk or milk products shall have the 
name of the distributor prominently displayed. 
The immediate surrounding of the dairy shall be kept in a neat, 
clean condition. 
GRADE B raw milk.—Grade B raw milk is raw milk which vio- 
lates the bacterial standard and/or the abortion testing requirement 
for grade A raw milk, but which conforms with all other require- 
ments for grade A raw milk, and has an average bacterial plate 
count not exceeding 1,000,000 per cubic centimeter, or an average 
direct miscroscopic count not exceeding 1,000,000 per cubic centimeter 
if clumps are counted or 4,000,000 per cubic centimeter if individual 
oi’ganisms are counted, or an average reduction time of not less than 
3V2 hours, as determined under sections 1 (S) and 6. 
Grade C raw milk.—Grade C raw milk is raw milk which vio- 
lates any of the requirements for grade B pasteurized milk. PUBLIC HEALTH LAWS 
143 
Certified milk-pasteurized.—Certified milk-pasteurized is certi- 
fied milk-raw which has been pasteurized, cooled, and bottled in a 
milk plant conforming with the requirements for grade A pasteur- 
ized milk. 
Grade A pasteurized milk.—Grade A pasteurized milk is grade 
A raw milk, with such exceptions as are indicated if the milk is to 
be pasteurized, which Las been pasteurized, cooled, and bottled in a 
milk plant conforming with all of the following items of sanitation 
and the average bacterial plate count of which at no time after pas- 
teurization and until delivery exceeds 30,000 per cubic centimeter, 
as determined under sections 1 (S) and 6. 
The grading of a pasteurized milk supply shall include the in- 
spection of receiving and collecting stations with respect to items 
Ip to 15p, inclusive, and 17p, 19p, 22p, and 23p, except that the parti- 
tioning requirement of item 5p shall not apply. 
ITEM Ip. Floors.—The floors of all rooms in which milk or 
milk products are handled or stored or in which milk utensils are 
washed shall be constructed of concrete or other equally impervious 
and easily cleaned material and shall be smooth, properly drained, 
provided with trapped drains, and kept clean. 
ITEM 2p. Walls and ceilings.—Walls and ceilings of rooms in 
which milk or milk products are handled or stored or in which milk 
utensils are washed shall have a smooth, washable, light-colored 
surface and shall be kept clean. 
ITEM 3p. Doors and windows,—Unless other effective means 
are provided to prevent the access of flies, all openings into the outer 
air shall be effectively screened and doors shall be self-closing. 
ITEM 4p. Lighting and ventilation.—All rooms shall be well 
lighted and ventilated. 
ITEM 5p. Miscellaneous protection from contamination.—The 
various milk-plant operations shall be so located and conducted as 
to prevent any contamination of milk or of the cleaned equipment. 
All means necessary for the elimination of flies shall be used. There 
shall be separate rooms for (a) the pasteurizing, processing, cooling, 
and bottling operations, and (b) the washing and bactericidal treat- 
ment of containers. Cans of raw milk shall not be unloaded directly 
into the pasteurizing room. Pasteurized milk or milk products shall 
not be permitted to come in contact with equipment with which un- 
pasteufized milk or milk products have been in contact, unless such 
equipment has first been thoroughly cleaned and subjected to bac- 
tericidal treatment. Rooms in which milk, milk products, cleaned 
utensils, or containers are handled or stored shall not open directly 
into any stable or living quarters. The pasteurization plant shall be 
used for no other purposes than the processing of milk and milk 
products and the operations incident thereto, except as may be 
approved by the health officer. , 144 
STATE OF NORTH DAKOTA 
ITEM 6p. Toilet facilities.—Every milk plant shall be provided 
with toilet facilities conforming with the ordinances of the city and 
the Minimum Sanitary Standards of the State Health Department. 
Toilet rooms shall not open directly into any room in which milk, 
milk products, equipment, or containers are handled or stored. The 
doors of all toilet rooms shall be self-closing. Toilet rooms shall be 
kept in a clean condition, in good repair, and well ventilated. In case 
privies or earth closets are permitted and used, they shall be separate 
from the building, and shall be of a sanitary type constructed and 
operated in conformity with the requirements of item lOr, grade A 
raw milk. 
ITEM 7p. Water supply.—The water supply shall be easily ac- 
cessible, adequate, and of a safe, sanitary quality. 
ITEM 8p. Hand-washing facilities.—Convenient hand-washing 
facilities shall be provided, including warm running water, soap, and 
approved sanitary towels. The use of a common towel is prohibited. 
ITEM 9p. Sanitary piping.—All piping used to conduct milk or 
milk products shall be “sanitary milk piping” of a type which can 
be easily cleaned with a brush. Pasteurized milk and milk products 
shall be conducted from one piece of equipment to another only 
through sanitary milk piping. 
ITEM lOp. Construction and repair of containers and equip- 
ment.—All multi-use containers and equipment with which milk or 
milk products come in contact shall be constructed in such manner 
as to be easily cleaned and shall be kept in good repair. The manu- 
facture, packing, transportation, and handling of single-service con- 
tainers and container caps and covers shall be conducted in a sanitary 
manner. 
ITEM lip. Disposal of wastes.—All wastes shall be properly 
disposed of. 
ITEM 12p. Cleaning and bactericidal treatment of containers and 
equipment.—All milk and milk products containers and equipment, 
except single-service containers, shall be thoroughly cleaned after 
each usage. All containers shall be subjected to an approved bac- 
tericidal process after each cleaning and all equipment immediately 
before each usage. When empty and before being returnd to a pro- 
ducer by a milk plant each container shall be effectively cleaned 
and subjected to bactericidal treatment. 
ITEM 13p. Storage of containers and equipment.—After bacter- 
icidal treatment all bottles, cans, and other multi-use milk or milk- 
products containers and equipment shall be stored in such manner 
as to be protected from contamination. 
ITEM 14p. Handling of containers and equipment,—Between 
bactericidal treatment and usage, and during usage, containers and 
equipment shall not be handled or operated in such manner as to 
permit contamination of the milk. PUBLIC HEALTH LAWS 
145 
ITEM 15p. Storage of caps, parchment paper, and single-service 
containers.—Milk-bottle caps or cap stock, parchment paper for 
milk cans, and single-service containers shall be purchased and 
stored only in sanitary tubes and cartons, respectively, and shall be 
kept therein in a clean dry place. 
ITEM 16p. Pasteurization,—Pasteurization shall be performed 
as described in section 1 (L) of these rules and regulations. 
ITEM 17p. Cooling.—All milk and milk products received for 
pasteurization shall immediately be cooled in approved equipment to 
50° F. or less and maintained at that temperature until pasteurized, 
unless they are to be pasteurized within 2 hours after receipt; and 
all pasteurized milk and milk products shall be immediately cooled 
in approved equipment to an average temperature of 50° F. or less, 
as defined in section 1 (S), and maintained thereat until delivery. 
ITEM 18p. Bottling.—Bottling of milk and milk products shall 
be done at the place of pasteurization in approved mechanical equip- 
ment. 
ITEM 19p. Overflow milk.—Overflow milk or milk products 
shall not be sold for human consumption. 
ITEM 20p. Capping.—Capping of milk and milk products shall 
be done by approved mechanical equipment. Hand capping is pro- 
hibited. The cap or cover shall cover the pouring lip to at least its 
largest diameter. 
ITEM 21p. Personnel, health.—The health officer or a physician 
authorized by him shall examine and take a careful morbidity history 
of every person connected with a pasteurization plant, or about to 
be employed, whose work brings him in contact with the production, 
handling, storage, or transportation of milk, milk products, containers, 
or equipment. If such examination or history suggests that such 
person may be a carrier of or infected with the organisms of typhoid 
or paratyphoid fever or any other communicable diseases likely to 
be transmitted through milk, he shall secure appropriate specimens 
of body discharges and cause them to be examined in a laboratory 
approved by him or by the State health authorities for such examin- 
ations, and if the results justify such person shall be barred from 
such employment. 
Such persons shall furnish such information, submit to such 
physical examinations, and submit such laboratory specimens as 
the health officer may require for the purpose of determining free- 
dom from infection. 
ITEM 22p. Personnel, cleanliness.—All persons coming in con- 
tact with milk, milk products, containers, or equipment shall wear 
clean outer garments and shall keep their hands clean at all times 
while thus engaged. 
ITEM 23p. Miscellaneous.—All vehicles used for the transpor- 
tation of milk or milk products shall be so constructed and operated 146 
STATE OF NORTH DAKOTA 
as to protect their contents from the sun and from contamination. 
All vehicles used for the transportation of milk or milk products in 
their final delivery containers shall be constructed with permanent 
tops and with permanent or roll-down sides and back, provided that 
openings of the size necessary to pass the delivery man may be per- 
mitted in the slides or back for loading and unloading purposes. 
All vehicles shall be kept clean, and no substance capable of con- 
taminating milk or milk products shall be' transported with milk or 
milk products in such manner as to permit contamination. All vehicles 
used for the distribution of milk or milk products shall have the name 
of the distributor prominently displayed. 
The immediate surroundings of the milk plant shall be kept in 
a neat, clean condition. 
Grade B pasteurized milk.—Grade B pasteurized milk is pasteur- 
ized milk which violates the bacterial standard for grade A pas- 
teurized milk and/or the provision of lip-cover caps of item 20p 
and/or the requirement that grade A raw milk be used, but which 
conforms with all other requirements for grade A pasteurized milk, 
has been made from raw milk of not less than grade B quality, and 
has an average bacterial plate count after pasteurization and before 
delivery not exceeding 50,000 per cubic centimeter, as determined 
under sections 1(S) and 6. 
Grade C pasteurized milk.—Grade C pasteurized milk is pasteur- 
ized milk which violates any of the requirements for grade B pas- 
teurized milk. 
VIII. Grades of milk and milk products which may be sold.— 
From and after 12 months from the date on which these rules and 
regulations take effect no milk or milk products shall be sold to the 
final consumer or to restaurants, soda fountains, grocery stores, or 
similar establishments. Provided, That when any milk distributor 
fails to qualify for one of the above grades the health officer is 
authorized to revoke his permit, or in lieu thereof, to degrade his 
product and permit its sale during a temporary period as he may deem 
necessary. 
IX. Supplementary grading prescribed and regrading author- 
ized. If, at any time between the regular announcements of the 
grades of milk or milk products, a lower grade shall become justi- 
fied, in accordance witn sections 5, 6, and 7 of these rules and regu- 
lations, the health officer shall immediately lower the grade of such 
milk or milk products, and shall enforce proper labeling and pacard- 
ing thereof. 
Any producer or distributor of mik or milk products the grade 
of which has been lowered by the health officer, and who is properly 
labeling his milk and milk products, may at any time make applica- 
tion for the regrading of his products. 
Upon receipt of a satisfactory application, in case the lowered 
grade is the result of an excessive average bacterial plate count, PUBLIC HEALTH LAWS 
147 
direct microscopic count, reduction time, or cooling temperature, the 
health officer shall take further samples of the applicant’s output, 
at a rate of not more than two samples per week. The health officer 
shall regrade the milk or milk products upward whenever the 
average of the last four sample results indicates the necessary qual- 
ity, but not before the lapse of 2 weeks from the date of degrading. 
In case the lowered grade of the applicant’s product is due to a 
violation of an item of the specifications prescribed in section 7, other 
than average bacterial plate count, direct miscroscopic count, reduc- 
tion time, or cooling temperature, the said application must be ac- 
companied by a statement signed by the applicant to the effect that 
the violated item of the specifications has been conformed with. Within 
1 week of the receipt of such an application and statement the health 
officer shall make a reinspection of the applicant’s establishment, 
and thereafter as many additional reinspections as he may deem 
necessary to assure himself that the applicant is again complying 
with the higher grade requirements, and, in case the findings justify, 
shall regrade the milk or milk products upward, but not before 
the lapse of 2 weeks from the date of degrading. 
X. Transferring or dipping milk; delivery containers; handling 
of more than one grade; delivery of milk at quarantined residences.— 
Except as permitted in this section, no milk producer or distributor 
shall transfer milk or milk products from one container to another 
on the street, or in any vehicle or store, or in any place except a 
bottling or milk room especially used for that purpose. The sale of 
dip milk is hereby prohibited. 
All pasteurized milk and milk products shall be placed in their 
final delivery containers in the plant in which they are pasteurized, 
and all raw milk and milk products sold for consumption in the raw 
state shall be placed in their final delivery containers at the farm 
at which they are produced. Milk and milk products sold in the 
distributor’s containers in quantities less than 1 gallon shall be de- 
livered in standard milk bottles or in single-service containers. It 
shall be unlawful for hotels, soda fountains, restaurants, groceries, 
and similar establishments to sell or serve any milk or milk product 
except in the original container in which it was received from the 
distributor or from a bulk container equipped with an approved 
dispensing device: Provided, That this requirement shall not apply 
to cream consumed on the premises, which may be served from the 
original bottle or from a dispenser approved for such service. 
It shall be unlawful for any hotel, soda fountain, restaurant, gro- 
cery, or similar establishment to sell or serve any milk or milk pro- 
ducts which have not been maintained, while in its possession, at a 
temperature of 50° F. or less. 
No milk or milk products shall be permitted to come in contact 
with equipment with which a lower grade of milk or milk products 
has been in contact unless such equipment has first been thoroughly 
cleansed and subjected to bactericidal treatment. 148 
STATE OF NORTH DAKOTA 
Bottled milk or milk products, if stored in water, shall be so 
stored that the tops of the bottles will not be submerged. 
It shall be the duty of all persons to whom milk or milk products 
are delivered to clean thoroughly the containers in which such milk 
or milk products are delivered before returning such containers. Ap- 
paratus, containers, equipment, and utensils used in the handling, 
storage, processing, or transporting of milk or milk products shall 
not be used for any other purpose without the permission of the 
health officer. 
The delivery of milk or milk products to and the collection of 
milk or milk-products containers from residences in which cases of 
communicable disease transmissible through milk supplies exist shall 
be subject to the special requirements of the health officer. 
XI. Milk and milk products from points beyond the limits of 
routine inspection.—Milk and milk products from points beyond the 
limits of routine inspection of any city may not be sold in that city, 
or its police jurisdiction, unless produced and/or pasteurized under 
provisions equivalent to the requirements of these rules and regula- 
tions: Provided. That the health officer shall satisfy himself that 
the health officer having jurisdiction over the production and 
processing is properly enforcing such provisions. 
XII. Future dairies and milk plants.—All dairies and milk plants 
from which milk or milk products are supplied to any city which are 
hereafter constructed, reconstructed, or extensively altered shall 
conform in their construction to the requirements of these rules and 
regulations for grade A dairy farms producing milk for consumption 
in the raw state, or for grade A pasteurization plants, respectively; 
Provided, That the requirement of a two-room milk house shall be 
waived in the case of dairies the milk from which is to be pasteur- 
ized. Properly prepared plans for all dairies and milk plants which 
are hereafter constructed, reconstructed, or extensively altered shall 
be submitted to the health officer for approval before work is begun. 
In the case of milk plants signed approval shall be obtained from 
the health officer and/or the State Health Department. 
XIII. Notification of disease.—Notice shall be sent to the health 
officer immediately by any producer or distributor of milk or milk 
products upon whose dairy farm or in whose milk plant any infec- 
tious, contagious, or communicable disease occurs. 
XIV. Procedure when infected suspected.—When suspicion aris- 
es as to the possibility of transmission of infection from any person 
concerned with the handling of milk or milk products, the health 
officer is authorized to require any or all of the following measures: 
(1) The immediate exclusion of that person from milk handling. (2) 
the immediate exclusion of the milk supply concerned from distri- 
bution and use, (3) adequate medical and bacteriological examina- 
tion of the person, of his associates, and of his and their body dis- 
charges. PUBLIC HEALTH LAWS 
149 
XV. Enforcement interpretation.—These rules and regulations 
shall be enforced by the health officer in accordance with the inter- 
pretations thereof contained in the 1939 edition of the United States 
Public Health Service Milk Code. 
Regulation 86. It is provided by law that before any person, 
firm, or corporation dealing in secondhand goods shall sell, exchange, 
offer for sale or exchange, or intent to sell or offer for sale or ex- 
change, to the public in this state any wearing apparel, bedclothes, 
secondhand furniture, or any article of any description ordinarily 
used in furnishing, equipping, or decorating a home, he shall disin- 
fect thoroughly each and every such article in a manner approved 
by the State Department of Health. 
The State Department of Health hereby declares and rules that 
the disinfection of these articles or materials shall be by one of the 
following methods: It further declares that common cleanliness shall 
be considered a part of the disinfection process regardless of the 
method selected. Before any of the aforementioned articles or materials 
shall be subjected to the selected method of disinfection noted below, 
they shall be thoroughly cleaned. All signs of visible dirt, filth and 
contamination must be removed. 
Section 1. Steam Under Pressure. By subjecting to steam un- 
der pressure for a period of 15 minutes, the pressure of the steam to 
be a minimum of TV2 pounds per square inch and the temperature 
of the steam to be a minimum of 230 degrees F. A properly checked 
steam-pressure gauge and a thermometer, both visible from the out- 
side of the chamber shall be provided. 
Section 2. Vacuum Chemical Method, (a) Vacuum of not less 
than 27 inches, and (b) to fumes generated by not less than 30 
ounces of formaldehyde and one pound permanganate per 1,000 cubic 
feet for two hours as a germicide, together with four pounds of 
carbon disulphide as an insecticide, (c) Temperature of not less than 
212 degrees F. shall be maintained during the use of the gas. 
Section 3. Wet Method. Immerse in water maintained at a 
temperature of 212 degrees F. for at least 10 minutes, with proper 
arrangements for agitation of the material while in the vat, and if 
after disintegration the material will pass through a hole IV2 inches 
in diameter. 
Section 4. Dry Health Method. By subjecting to temperature of 
230 degrees for a period of not less than 30 minutes. When dry heat 
is used, a suitable chamber must be provided and equipped with 
means to keep the hot air in circulation, and thermometers must be 
maintained on the outside of such chamber to show the actual heat 
inside the chamber. These thermometers must be placed one not 
higher than 12 inches from bottom of chamber and one not lower 
than 12 inches from top of chamber. 
STERILIZATION OF SECONDHAND GOODS 150 
STATE OF NORTH DAKOTA 
Section 5. Commercial* Laundering or Dry Cleaning. Such ma- 
terial as is adaptable to the process such as pillows, thin pads, etc. 
shall be considered as satisfactorily disinfected when subjected to 
the regular commercial dry cleaning or laundering process. The 
commercial laundering process should be one which provides for 
complete immersion in hot water containing the proper detergent 
with subsequent rinsing and complete drying. The commercial dry 
cleaning process shall be one which provides for complete immersion 
in the dry cleaning fluid with subsequent complete drying. 
Section 6. DDT and Dry Storage. Such articles that cannot be 
subjected to high temperature, disinfecting processes such as over- 
stuffed furniture etc., shall be considered as satisfactorily disinfected 
when treated as outlined below with a 5% solution or emulsion of 
DDT and placed in dry storage for at least 7 days. This 7 day dry 
storage period is definitely a part of this process. 
The DDT shall be applied by spraying with a 5% solution or 
emulsion of DDT so as to produce a residual deposit of approximately 
200 mg. per square foot. A 200 mg. per square foot residual deposit 
of DDT can be obtained by distinctly wetting the surface with a 5% 
emulsion or solution of DDT. 
The following formula is recommended by the State Department 
of Health for complying with this section. However, other formulas 
providing for a 5% solution or emulsion of DDT may be approved. 
3 lbs. DDT 
3 qts. Xylene 
6 oz. Triton X100 
1.03 gal. concentrate 
Makes 35% concentrate 
Dilute 1 part, 6 parts water 
for 5% spray. 
Regulation 87. Sanitary Requirements. Under the general san- 
itary laws and in order to insure full compliance with these rules, all 
premises, rooms, chambers, places, vehicles, etc. used for the hand- 
ling, storing, transportation, or sterilization of these materials shall 
be kept in a clean and orderly condition, free from dust, dirt, vermin, 
or other filth. 
Regulation 88. All properly cleaned and disinfected articles com- 
ing under the provisions of these regulations should be labeled, 
“Disinfected by on at 
Name of Agency Date Place 
in a manner prescribed by the laws of North Dakota and the regu- 
lations of the State Department of Health. (Do not Remove this 
label) 
Such labels shall not be less than 2 inches by 3 inches and 
composed of cloth of similar durable material. Wherever possible, PUBLIC HEALTH LAWS 
151 
and especially in the case of mattresses, pillows, comforters, up- 
holstered furniture, etc., such labels shall be securely sewed to the 
article in a position readily accessible and such sewing shall take 
place on all four sides of the label. When such stitching is impossible 
because of the nature of the article the tag must be securely fastened 
in a manner approved by the State Department of Health. 
All mattresses, pillows, comforters, upholstered furniture, etc., 
containing secondhand, used or renovated materials in any quantity 
must be so designated on the aforementioned label so as to leave 
no misunderstanding as to the nature, kind, and proportion of mater- 
ials used. The label must clearly state that secondhand material has 
been utilized and must likewise state the proportion of such second- 
hand material. 
Regulation 89. Importation of Parrots, Parakeets, and Other 
Birds of the Psittacine Family. No person, firm, or corporation shall 
import into North Dakota, and no common carrier shall accept for 
shipment into North Dakota any parrot, parakeet, love bird, macaw, 
cocatoo, lory, lorikeet, or any other bird of the parrot or psittacine 
family, unless an accompanying certificate has been obtained from 
the state health authority of the state from which shipment is made, 
to the effect that to the best of their knowledge and belief, such bird 
as may be offered for shipment has originated from an aviary or 
other distributing establishment free from psittacosis infection, as 
determined by inspection of birds and the environment in which 
they have been reared and housed, the history of such establishment 
as regards psittacosis infection, supplemented by such laboratory 
examination of birds, selected by a representative of the certifying 
authority, as may be deemed necessary to enable the certifying 
authority to determine that the birds offered for shipment are free 
from psittacosis infection; provided, that no bird of the species above 
mentioned that is under eight months of age shall be offered or 
accepted for importation into North Dakota. 
Certificates accompanying shipment of psittacine birds into 
North Dakota as provided in Section 15 Vz of the United States Public 
Health Service interstate Quarantine Regulations shall be surrendered 
by the common carriers to the health authorities at the destination 
of the shipment, and a copy of such certificate forwarded to the State 
Department of Health at Bismarck. 
Regulation 90. Embalming, undertaking, and transportation of 
the dead. NOTE: These rules and regulations are published separ- 
ately. Copy will be sent upon application. 
Regulation 91. Repealing Previous Regulations. All regula- 
tions heretofore adopted by the State Department of Health are here- 
by annulled, the foregoing rules and regulations being declared the 
rules and regulations of the State Department of Health and promul- 
gated in accordance with the provisions of the law. 152 
STATE OF NORTH DAKOTA 
INDEX 
*Regulation Page 
Actinomycosis, reportable *2 93 
Adulteration of Food, 19-0203 - 19-0204 57 
of medicine, 19-0203 - 19-0205 57-58 
Advertising, false and misleading, 51-1201 56 
Advertising, certain cures and drugs and specialization prohibited, 
23-1205 . 52 
Advisory Council, see public health advisory council, 23-0102 5 
Amebic Dysentary, reportable, *2 93 
Ancylostomiasis, reportable, *2 93 
Anthrax, *2 93 
Apothecary, see poisons, 19-0401 64 
Ascariasis, regulations concerning, *3 93-94 
Barbers, rules and orders of, 43-0411 54 
Birth, registration of, see Vital Statistics 
23-0201 - 23-0208 - 23-0212 - 23-0215 - 23-0216 27-29-31-33 
maternity hospital report,-50-1310 . 55 
Blindness, infant, 23-0710 20 
Boards of health, see county, village, city, township 9 
Books exposed to infection, *52 117 
Botulism, regulations concerning, *4 94 
Burial, duty of, 23-0603 43 
neglect of—misdemeanor, 23-0606 44 
permits for, 23-0607 44 
regulations concerning, 23-0607 44 
time within which to be made, 23-0604 43 
where to be buried, 23-0620 47 
Camps, see: Tourist Camps, 23-1001 - 23-1010 83-85 
Cancer, regulation concerning, *37 103 
to be reported, *2 93 
Cemeteries, regulation of, 23-0621 48 
Certificates, see: Vital Statistics 27 
Certified copies, see: Vital Statistics 27 
Chancroid, regulations concerning, *2 93 
Chickenpox, regulation concerning, *38 103 
Cholera, regulation conceiming, *50 112 
reportable, *2 93 
City Board of Health 12 
duties of officers, 23-0405 . . 12 
meetings of, 23-0404 12 
officers of, 23-0403 12 
City Health Departments: see City Board of Health 12 
Coccidiomycosis, regulations concerning, *2 93 
Common Carriers 103 
must comply with federal regulations, *36 103 
Common Carriers of persons 54 
vehicles to be disinfected, 8-0806 54 
Communicable diseases 
death from to be reported, 23-0718 22 
designated, *2 93 
exclusion from school for, *55 118 
incubation periods for, *20 97 
inoculation for, 23-1402, 23-0717, *13 24, 22, 95 
investigation of, *13 95 
temporary hospitals for, 23-0713 21 
premises infected with, deliveries to, *17 97 
quarantine for, see: Isolation and Quarantine 98 
records of (city and county health officer) 23-0405, s. 5 13 
removal of persons sick with, 23-0715 21 PUBLIC HEALTH LAWS 
153 
Page 
reporting of, *8, *18 94, 97 
annual, *11 95 
telegraphic, *12 95 
to health officer, *10 95 
weekly reports, *10 . 95 
restrictive precautions for, *26 100 
vaccination for, 23-1402 24 
23-0717 22 
Concurrent disinfection, see; Disinfection, *29 100 
Conjunctivitis, acute infectious, *39 104 
reportable, *39, s. 2, *2 104, 93 
exclusion from school with, *56 119 
Contagious or infectious diseases, see: Communicable diseases 
appropriation made on report—prevention, 23-0719 22 
child—prohibited from school, 23-0716 21 
disinfection of clothing, 23-0714 21 
physician to report death—cause of, 23-0718 22 
removal of person inflicted with, 23-0715 21 
Coroner, investigation of death by, 23-0235 40 
County Board of Health 
additional powers of, 23-0502 14 
how composed, 23-0301 9 
meetings of, 23-0303 9 
mileage of members, 23-0306 10 
per diem of president and vice president, 23-0304 9 
qualifications of, 23-0301 9 
term of office, 23-0301 9 
County Health officer, see: County Superintendent of 9 
County Superintendent of public health 9 
compensation of, 23-0305 9 
powers and duties of, 23-0307 10 
removal of, 23-0310 11 
report of, 23-0309 11 
Crippled Children Birth Report — 55 
made to State Agency, 50-1007 54 
Dairy products, inspection of, 40-0501, Number 32 74 
sale of, 40-0501, No. 32 74 
see also: Milk Sanitation 132 
Dead bodies, removal of, 23-0715 21 
burial of, 23-0607 — — — 44 
Death registration of, see: Vital Statistics, 23-0201 27 
Dengue, regulations concerning, *2 93 
Diarrhea of the newborn 94 
regulations concerning, *6 94 
Diphtheria, regulations concerning, *40 104 
reportable, *2 93 
Disinfection, defined, *28 100 
agents approved for, *33 102 
concurrent, terminal, *29, *30 100-101 
failure to comply with rules for, *34 102 
of public vehicles, 8-0806 54 
of schools, *57 119 
of clothing, 23-0714 21 
of secondhand goods, 23-1201 52 
Drinking cups, public prohibited, 23-1203 52 
Drugs, misbranding of, 19-0208 58 
records of, 19-0313 63 
Druggists, endangering of life by, 43-1543 63 
records, for poisons, 19-0403 65 154 
STATE OF NORTH DAKOTA 
Page 
Dysentery, regulation concerning, *50 112 
reportable, *2 93 
Embalmers, apprentices of, *90 151 
duties in Vital Statistics, 23-0235 40 
registration of, with registrars, 23-0237 41 
Encephalitis, regulations concerning, *50 112 
reportable, *2 93 
Epidemic cerebrospinal meningitis, see: Meningococcus 106 
Erysipelas, regulations concerning, *2 93 
Favus, regulations concerning, *2 93 
Foods, adulterated, 19-0204 57 
destruction of in certain cases, *15 96 
handling of, forbidden, when, *16 96 
sale of forbidden in certain cases, *14 96 
Food Establishment, 19-0218 60 
apparel of employees, sanitary, 19-0223 61 
building, vehicles, in which food stored; sanitary, 19-0221 61 
facilities; sanitary, 19-0222 61 
food protected from vermin, 19-0219 60 
person infected with contagious disease not to be employed, 
19-0220 60 
power of department, 19-0218 60 
ventilation and light facilities for convenience, 19-0218 60 
Foods, Drugs, adulteration of, 19-0205 58 
definition, 19-0202 56 
rules and regulations, 19-0202 56 
sale of, 19-0203, 19-0210 57, 60 
Fouling public waters, see Waters, 61-0112 - 61-0113 89 
Funds, acceptance of, by State Department of Health, 23-0111 8 
Funerals, *90 151 
Garbage, regulations concerning, *68 122 
Glanders, regulations concerning, *50 112 
reportable, *2 93 
Gonorrhea, reportable, *51, rule 14 115 
Hairdressers & Cosmetologists, 43-1111 66 
Health department, see: City, County, State 
Health Districts 23 
formation of, 23-1401 23 
Health Officer, see: City, County, State 
Health inspection of school pupils, 15-4722 82 
Health instruction, see: Schools 
Health laws, violation of, penalty, 23-0512 17 
Hemorrhagic Jaundice, regulation concerning, *3 94 
Hookworm disease, see: Ancylostomiasis, *2 93 
Hospitals, for contagious disease 
inspection for Venereal Disease, *51, rule 6 113 
provided by township and villages, 23-0713 21 
records of inmates, *51, rule 7 113 
to report Venereal Disease, *51, rule 3 113 
Hotel keepers to report contagious disease, *7 94 
Hotels, lodginghouse, restaurant, boarding house 66-69 
sanitation and safety of, 23-0909 - 23-0911 66-69 
Illegitimate birth, see: Vital Statistics 
Impetigo Contagiosa, regulations concerning, *2 93 
Incubation periods for communicable diseases, *20 97-98 
Infant blindness 20 
duty of parent to report, 23-0711 20 
duty of physician or midwife, 23-0710 20 PUBLIC HEALTH LAWS 
155 
Page 
infant to be placed in hands of a physician, 23-0712 20 
prevention, 23-0710 20 
Infantile paralysis, see: Poliomyelitis 106 
Infectious diseases, see: Communicable Diseases 
Influenza, regulations concerning, *2 93 
Isolation, regulations concerning, *24 99 
Juvenile court, care of child, 27-1629 69 
Laboratories, see: Public Health Laboratories .*. 7 
Leprosy, regulations concerning, *2 93 
Local boards of health 14 
powers and duties of, 23-0501 14 
removal of nuisance, 23-0504 & 23-0506 15-16 
expense of, 23-0507 16 
expenses chargeable to, 23-0508 16 
Lymphogranuloma Venereum, regulations concerning, *2 93 
Malaria, regulation concerning, *50 112 
reportable, *2 93 
Marriage, license required for, 14-0310 70 
performance of, prohibited when, 14-0307 70 
persons prohibited from, 14-0304, 14-0307, 14-0318 70-73 
physical examination for, 14-0317 72 
registered with Vital Statistics, 14-0323 73 
serological test for syphilis required, 14-0312 70 
violation of laws, penalty, 14-0328 74 
Measles, regulations for, *41 105 
reportable, *2 93 
Medical inspection, see: Health Inspection, 15-4722 82 
Meningococcus Meningitis, regulations for, *42 106 
reportable, *2 93 
Midwives, duties of, in filing birth certificate, 23-0236 40 
in reporting infections, 23-0702 18 
preventing infant blindness: See infant blindness 20 
Milk Sanitation, *85 132 
rules and regulations governing production, processing, 
distribution and sale, *85, s. 3 133-149 
Morbidity reports, see; Communicable Diseases, reports, *9 95 
Motor Carriers—drivers, 49-1829 55 
Municipalities 74 
governing body in, 40-0501, sec. 32 74 
Jurisdiction of, 40-0601 76 
powers of, 40-0501 74 
Nuisance, definition, 42-0101 74 
public nuisance defined, 42-0106 74 
removal of, 23-0508 — 16 
Nurses, to inspect school pupils, 15-4722 82 
to report ophthalmia neonatorum, *39, s. 2 104 
to report Venereal Disease, *51, rule 3 113 
See also: Public Health Nursing, *61 120 
Ophthalmia Neonatorum, see: Infant Blindness 20 
Paratyphoid fever, regulation concerning, *48 109 
reportable, *2 93 
Parrots, importation of, *89 151 
Pellagra, regulation concerning, *4 94 
reportable, *2 93 
Pharmacists, see: Druggists 63 
Physicians, duties of, in case of death, 23-0718 22 
in preventing infant blindness, 23-0710 20 
in registering, 23-0326 40 156 
STATE OF NORTH DAKOTA 
Page 
in reporting disease to city health officer, 23-0702 18 
to local health officer, 23-0718 22 
when venereal disease exists, *51, rule 3 . 113 
in vital statistics, filing birth certificates, 23-0212 31 
preparing medical certificate of death, 23-0233 40 
to inform state registrar, 23-0236 40 
penalty for failure to comply with vital statistics law, 23-0234 40 
Placarding, see: Quarantine, *22 98 
Plague, regulations for, *50 - 112 
reportable, *2 . 93 
Pneumonia, acute, lobar, broncho, virus, *2 93 
Poisons, 19-0401 64 
distribution prohibited, when, 19-0404 66 
record to be kept of poisons dispensed, 19-0403 65 
sale of, 19-0401 64 
Poliomyelitis, regulations concerning, *43 106 
reportable, *43, s. 1 106 
Prostitution, repression of, *51, No. 2 113 
see also: Venereal Diseases; prostitutes 
Psittacosis birds, importation of, *89 151 
Psittacosis, regulations for, *50 112 
reportable, *2 - 93 
Public Drinking Cups, prohibited, 23-1203 52 
Public Health Advisory Council, general powers of, 23-0103 5 
meetings of, 23-0102 . 5 
organization of, 23-0102 5 
powers of, 23-0103 5 
Public Health Laboratories, 23-0109 7 
Public Health Nurses, control of, *61, s. 1 . 120 
permits for, *61, s. 2 120 
Public nuisance, defined, 42-0106 74 
Public vehicles, disinfection of, 8-0806 54 
Public waters, see: Waters 89-90 
Puerperal infection, reportable, *2 93 
Puerperal septicemia, reportable, *2 93 
Quarantine, defined, *23 98 
authority to, regulation of health officer, *21 98 
diseases requiring, *23, s. 3 98 
establishment of, *21 98 
placards for, *22 .. 98 
provisional, *25 99 
release from, *23, s. 2 98 
Rabies, regulations concerning, *44 106 
reportable, *44, s. 1, *2 106, 93 
Rat-bite fever, regulations concerning *50 112 
reportable *2 93 
Registrars, see: Vital Statistics 28-29 
Registration District, see: Vital Statistics 29 
Regulation of Local Boards, publication of, 23-0503 15 
punishment for violation of, 23-0512 17 
Relapsing fever, regulation concerning, *50 112 
reportable, *2 93 
Rendering plants 78 
disposal of waste and sewage from, 36-0705 78 
sanitary requirements of, 36-0704 78 
situation and conduct of, 36-0706 78 
Reportable diseases 18 
who to report, 23-0702 18 PUBLIC HEALTH LAWS 
157 
Page 
Reports 95 
annual 95 
to local health officer, 23-0702 & 23-0704 18 
morbidity, *9 95 
telegraphic, *12 95 
to State health officer, 23-0705 18 
weekly reports, 23-0705 18 
Rheumatic Fever, regulations concerning, *45 108 
reportable, *2 93 
Rocky Mountain Fever, reportable, *2 93 
Rubeola, see: Measles, *41 105 
Sanitation of barber shops, *63 121 
Sanitation of camps, 23-1002 83 
Sanitation of schools, 15-3512 80 
Scabies, exclusion from school for, *45 76 
Scarlet fever, regulations concerning, *46 108 
reportable, *2 93 
School teacher must report diseases, *58 119 
Schools, Buildings, plans & specifications, approval of, 15-3501- 
15-3502 78-79 
closing of, when, *59 120 
diphtheria in, *40, s. 6 105 
disinfection of, *57 119 
duties of officials of, *58, s. 2 119 
exclusion from, for communicable diseases, *55, s. 1 118 
for miscellaneous diseases, *56 119 
for trachoma, *53, s. 1 118 
for tuberculosis, *54 118 
health inspection of pupils, 15-4722 82 
instruction in health, 15-3807 82 
physical education in, 15-3809 82 
water and sewage systems for, also see *82, s. 1 113 
Sanitation, 15-3512 - 80 
Secondhand goods, disinfection of, 23-1201 52 
disinfection required when, 23-1201 52 
sterilization of, *86 149 
Septic Sore Throat, reportable, *2 93 
Serological test, see: Marriage, 14-0312 70 
Sewage, defined, *67, s. 2 122 
disposal of, *67, s. 2 122 
samples to be analyzed, *74 127 
treatment works, see: Sewerage systems 121 
Sewerage systems and sewage treatment works 123 
plans for, approval required, *70, s. 2 & 3 —.... 123 
detail drawings, *77, s. 2 129 
disposal works, *71, s. 4 125 
information in, *71 124 
profiles, *77, s. IE 129 
specifications in, *71, s. 4 124 
for schools, *82 131 
Sexton, duties of, 23-0622 48 
Smallpox, regulations concerning, *47 109 
reportable, *2 ----- 93 
Spotted fever, regulation concerning, *50 112 
reportable, *2 93 
Standard Railway Sanitary Code, *66 121 
State Board of Health, see: Public health advisory council 5 
State department of health 5 
acceptance of funds by, 23-0111 — 8 158 
STATE OF NORTH DAKOTA 
Page 
divisions of, 23-0107 7 
duties of, 23-0109 . 7 
office space for, 23-0110 . . 8 
organization of, 23-0101 5 
see also: Public health advisory council 5 
state health officer 6 
State health department, see: State Department of Health 8 
State Health Officer, appointment of, 23-0105 6 
reports to governor, 23-0106 7 
State Institutions, definitions, 25-0101 85 
records kept, 54-2319 85 
Sterilization, 23-0803 - 23-0815 86-89 
Sterilization of Secondhand goods, *86 149 
Stream pollution, see: Fouling public waters 121 
sewage, *67, s. 2 122 
Superintendent of health, see: State health officer 6 
Swimming pools, plans for, *81 131 
Syphilis, serological test required, 14-0312 70 
see also: Venereal diseases 114 
Tetanus, reportable, *2 93 
Toilets, construction and location of, *60 120 
Tourist camps 83 
inspection of, 23-1004 84 
sanitary conditions of, 23-1002 83 
sickness to be reported, 23-1008 84 
Township and village boards of health, organization of, 23-0301 ... 9 
powers of, general, 23-0307 10 
who constitutes, 23-0311 11 
Trachoma, protection of school children, *53 118 
reportable, *2 93 
Trailer camps, *84 132 
see also: Tourist camps 83 
Transit permit, see: Burial Permit, 23-0608 45 
Transportation of dead, 23-0612 45 
Trichinosis, regulations for, *50 112 
reportable, *2 93 
Tuberculosis, disinfection of premises, *35 102 
exclusion from school for, *54 & *55 118 
placarding of premises, *35, s. 2 103 
Tularemia, reportable, *2 93 
Typhoid fever, regulations for, *48 109 
reportable, *48, s. 7 & 9, *2 110, 93 
Typhus fever, regulations for, reportable, *2 93 
Undertakers, registration of, 23-0237 41 
see: Vital statistics, undertakers; Embalmers 27 
Undulant fever, regulations for, *50 112 
reportable, *2 93 
Unusual diseases, regulation for *50, s. 1 112 
Vaccination 22-24 
not required for school entrance, 23-0717 22 
not compulsory in health districts, 23-1402 24 
Variola, see: Smallpox, *47 109 
Venereal diseases, advice on, *51, rule 9 114 
certificates of freedom from, *51, rule 11 114 
defined, *51, rule 19 117 
diagnosis, request for, *51, rule 11 114 
druggist records of, *51, rule 7 113 
examinations for, *51, rule 15 116 PUBLIC HEALTH LAWS 
159 
Page 
exposure to, unlawful, *51, rule 12 114 
health authorities, duties of, *51, rule 15 116 
hospitals & institutions, *51, rule 6 113 
infected person, restrictions on, *51, rule 14 c 115 
information, false, *51, rule 20 117 
inspection of hospitals and records, *51, rule 6 113 
investigating sources of, 23-0707, number 3 19 
isolation, rules for, *51, rule 14 - 115 
laboratory examinations for, 14-0313 71 
placarding for, *51, rule 16 116 
prostitutes, defined, *51, rule 19 117 
quarantine for, *51, rule 14 115 
suppression of, *51, rule 2 113 
quarantine, see: Venereal diseases, isolation, *51, rule 14 115 
removal of infected persons, *51, rule 18 117 
reports, by whom, *51, rule 3 113 
confidential nature of, *51, rule 8 114 
form of, *51, rule 4 113 
from druggists, *51, rule 7 113 
on change of physician, *51, rule 10 114 
on termination of case, *51, rule 5 113 
to overseer of poor, *51, rule 13 114 
rules and regulations for, *51 . 113 
transfer of treatment for, *51, rule 10 114 
treatment for, period of, *51, rule 14 E 115 
Village Board of Health, organization of, 23-0301 9 
Vital Statistics 27 
births, registration of, 23-0201 27 
certified copy, 23-0226 36 
maternity hospitals to report, 50-1310 55 
stillbirths, 23-0216 33 
supplemental name report, 23-0215 33 
deaths, registration of, 23-0208 29 
certified copies of certificates, 23-0240 41 
form of, 23-0230 ., 37 
without medical attendance, 23-0235 40 
division of, 23-0201 27 
state deputy registrar of, 23-0202 28 
state registrar of, 23-0204 28 
local registrars of, 23-0209 29 
correction of certificates by, 23-0209, no. 4 29 
fees of, 23-0211 30 
filing birth certificates with, 23-0212 31 
filing death certificates with, 23-0232 39 
marriage records 70 
serological test required, 14-0312 70 
registration districts for, 23-0206 29 
sexton, duties of, 23-0622 48 
state registrar of, 23-0204 28 
sub registrars, 23-0210 — 30 
undertakers, duties of, 23-0232 39 
Water Conservation Commission .. ... 90 
Water Supplies - 132 
sale of, *83 132 
Water Systems for Schools, *82, s. 1 ..... 131 
Water systems, plans for, *76, s. 2 — 128 
approval of, *76, s. 3 128 
information required, *77 128 160 
STATE OF NORTH DAKOTA 
Page 
Water treatment works, plans for, *76, s. 2 128 
information required, *77 128 
see Water systems . 128 
Water, public . 89 
fouling of, 61-0112 - 61-0113 89 
requirements for, 61-0114 90 
samples of, *79 131 
Whooping cough, reportable, *49 112 
Yellow Fever, reportable, *2 93