GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION
CHAPTER 262
AN ACT TO CLARIFY THE FOOD AND LODGING SANITATION LAW.
The General Assembly of North Carolina enacts:
Section 1. G.S. 130A-247 reads as rewritten:
"§ 130A-247. Definitions.
The following definitions shall apply throughout this Part:
(1) 'Establishment' means an establishment that prepares or serves drink, an establishment that prepares or serves food, or an establishment that provides lodging.
(1)(1a)
'Permanent house guest' means a person who receives room or board for periods
of a week or longer. The term includes visitors of the permanent house
guest.
(2) 'Private club' means
an establishment which that maintains selective members, is
operated by the membership, does not provide food or lodging for pay to anyone
who is not a member or a member's guest, and is not profit oriented. either
incorporated as a nonprofit corporation in accordance with Chapter 55A of the
General Statutes or is exempt from federal income tax under the Internal
Revenue Code as defined in G.S. 105-130.2(1).
(3) 'Regular boarder' means a person who receives food for periods of a week or longer.
(4) 'Where drink is
prepared or served' means a place where drink is put together, portioned, set
out or handed out 'Establishment that prepares or serves drink' means a
business or other entity that puts together, portions, sets out, or hands out
drinks in unpackaged portions using containers which that are
reused on the premises rather than single-service containers.
(5) 'Where food is
prepared or served' means a place where food is cooked, put together,
portioned, set out or handed out 'Establishment that prepares or serves
food' means a business or other entity that cooks, puts together, portions,
sets out, or hands out food in unpackaged portions for human consumption.
(6) 'Bed and breakfast inn' means a business establishment of not more than 12 guest rooms that offers bed and breakfast accommodations to at least nine but not more than 23 persons per night for a period of less than one week, and that:
a. Does not serve food or drink to the general public for pay;
b. Serves only the breakfast meal, and that meal is served only to overnight guests of the establishment;
c. Includes the price of breakfast in the room rate; and
d. Is the permanent residence of the owner or the manager of the establishment."
Sec. 2. G.S. 130A-248 reads as rewritten:
"§ 130A-248. Regulation of restaurants and hotels.
(a) For the protection of
the public health, the Commission shall adopt rules governing the sanitation of
restaurants, school cafeterias, summer camps, food or drink stands, sandwich
manufacturing operations, mobile food units, pushcarts and other facilities
where food or drink is prepared or served establishments that prepare or
serve food or drink for pay. However, any facility where food or
drink is prepared or served establishment that prepares or serves food
or drink to the public, regardless of pay, shall be subject to the
provisions of this Article if the facility establishment holds an
ABC permit, as defined in G.S. 18B-101, meets the definition of an
establishment pursuant to G.S. 18B-1000(2), (4), (5), or (6) any of the
definitions in G.S. 18B-1000, and does not meet the definition of a private
club as provided in G.S. 130A-247(2).
(a1) For the protection of the public
health, the Commission shall adopt rules governing the sanitation of hotels,
motels, tourist homes, and other facilities establishments that
provide lodging where lodging is provided for pay.
(a2) For the protection of the public
health, the Commission shall adopt rules governing the sanitation of private
homes offering bed and breakfast accommodations to eight or less fewer
persons per night, and rules governing the sanitation of bed and breakfast
inns as defined in G.S. 130A-247. In carrying out this function, the
Commission shall adopt requirements that are the least restrictive so as to
protect the public health and not unreasonably interfere with the operation of
bed and breakfast inns.
(a3) The rules adopted by the Commission pursuant to subsections (a), (a1), and (a2) of this section shall address, but not be limited to, the following:
(1) Establishment of
sanitation Sanitation requirements for cleanliness of floors, walls,
ceilings, storage spaces, utensils, ventilation equipment, and other
areas and items;
(2) The adequacy of:
a. Lighting,
ventilation, Lighting and water supply;
b. Sewage Wastewater
collection, treatment, and disposal facilities; and
c. Lavatory
facilities, Lavatories, food protection facilities, protection,
and waste disposal;
(3) The cleaning and bactericidal treatment of eating and drinking utensils and other food-contact surfaces;
(3a) The appropriate and reasonable use of gloves or utensils by employees who handle unwrapped food;
(4) The methods of food preparation, transportation, catering, storage, and serving;
(5) The health of employees; and
(6) Animal and vermin control.
The rules shall contain a system for grading facilities, establishments,
such as Grade A, Grade B, and Grade C.
(b) No facility establishment
shall commence or continue operation without a permit or transitional
permit issued by the Department. The permit or transitional permit shall
be issued to the owner or operator of the facility establishment and
shall not be transferable. If the establishment is leased, the permit
or transitional permit shall be issued to the lessee and shall not be
transferable. If the location of an establishment changes, a new permit
shall be obtained for the establishment. A permit shall be issued
only when the facility establishment satisfies all of the
requirements of the rules. The Commission shall adopt rules establishing
the requirements that must be met before a transitional permit may be issued,
and the period for which a transitional permit may be issued. The Department
may also impose conditions on the issuance of a permit or transitional permit
in accordance with rules adopted by the Commission. A permit or
transitional permit shall be immediately revoked in accordance with G.S.
130A-23(d) for failure of the facility establishment to maintain
a minimum grade of C. A permit or transitional permit may otherwise be
suspended or revoked in accordance with G.S. 130A-23.
(b1) A permit shall expire one year
after a facility an establishment closes unless the permit is the
subject of a contested case pursuant to Article 3 of Chapter 150B. 150B
of the General Statutes.
(c) If ownership of a
facility an establishment is transferred, transferred or
the establishment is leased, the new owner or operator lessee shall
apply for a new permit. The new owner or operator lessee may
also apply for a transitional permit. A transitional permit may be issued
upon the transfer of ownership or lease of an establishment to allow the
correction of construction and equipment problems that do not represent an
immediate threat to the public health. Upon issuance of a new permit
or a transitional permit for an establishment, any previously issued
permit for an establishment in that location becomes void.
(c1) The Commission shall adopt rules governing the sanitation of pushcarts and mobile food units. A pushcart or mobile food unit shall be operated in conjunction with a permitted restaurant.
(d) The Department shall
charge each facility establishment subject to this section,
except nutrition programs for the elderly administered by the Division of Aging
of the Department of Human Resources and public school cafeterias, an annual
fee of twenty-five dollars ($25.00). The Department shall charge an
additional twenty-five dollar ($25.00) late payment fee to any facility establishment
that fails to pay the required fee within 45 days after billing by the
Department. The Department may, in accordance with G.S. 130A-23, suspend
or revoke the permit of a facility an establishment that fails to
pay the required fee within 60 days after billing by the Department. The
Commission shall adopt rules to implement this subsection. Fees collected
under this subsection shall be used for State and local public health programs
and activities. No more than thirty-three and one-third percent (33-1/3%)
of the fees collected may be used to support State health programs and
activities."
Sec. 3. G.S. 130A-249 reads as rewritten:
"§ 130A-249. Inspections; report and grade card.
The Secretary may enter any facility establishment that
is subject to the provisions of G.S. 130A-248 for the purpose of making
inspections. The Secretary shall inspect each restaurant at least
quarterly, except that the quarterly inspection requirement shall not apply to
temporary food facilities. establishments. The person
responsible for the management or control of a facility an
establishment shall permit the Secretary to inspect every part of the facility
establishment and shall render all aid and assistance necessary for
the inspection. The Secretary shall leave a copy of the inspection form
and a card or cards showing the grade of the facility establishment with
the responsible person. The Secretary shall post the grade card in a conspicuous
place as determined by the Secretary where it may be readily observed by the
public upon entering the facility establishment or upon picking
up food prepared inside but received and paid for outside the facility establishment
through delivery windows or other delivery devices. If a single facility
establishment has one or more outside delivery service stations and
an internal delivery system, that facility establishment shall
have a grade card posted where it may be readily visible upon entering the facility
establishment and one posted where it may be readily visible in each
delivery window or delivery device upon picking up the food outside the facility.
establishment. The grade card or cards shall not be removed by
anyone, except by or upon the instruction of the Secretary."
Sec. 4. G.S. 130A-250 reads as rewritten:
"§ 130A-250. Exemptions.
This Part shall not apply to: (i) facilities
which provide food or lodging to regular boarders or permanent house guests
only; (ii) private clubs; (iii) curb markets operated by the State Agricultural
Extension Service; (iv) occasional fund-raising events conducted by the
same person no more frequently than two consecutive days every month; and
private homes that occasionally offer lodging accommodations, which may include
the providing of food, for two weeks or less to persons attending special
events, provided those homes are not bed and breakfast homes nor bed and
breakfast inns. A mobile food unit or pushcart shall be operated in
conjunction with a permitted restaurant. The following shall be exempt
from this Part:
(1) Lodging establishments described in G.S. 130A-248(a1) with four or fewer lodging units;
(2) Condominiums;
(3) Establishments that prepare or serve food or provide lodging to regular boarders or permanent house guests only;
(4) Private homes that occasionally offer lodging accommodations, which may include the providing of food, for two weeks or less to persons attending special events, provided these homes are not bed and breakfast homes or bed and breakfast inns;
(5) Private clubs;
(6) Curb markets operated by the State Agricultural Extension Service;
(7) Establishments that prepare or serve food or drink for pay no more frequently than once a month for a period not to exceed two consecutive days; and
(8) Establishments that put together, portion, set out, or hand out only drinks using single service containers that are not reused on the premises."
Sec. 5. G.S. 153A-226 reads as rewritten:
"§ 153A-226. Sanitation and food.
(a) The Commission for
Health Services shall adopt rules and regulations governing the
sanitation of local confinement facilities, including the kitchens and other
places where food is prepared for prisoners. The rules and
regulations shall cover such matters as shall address, but not be
limited to, the cleanliness of floors, walls, ceilings, storage spaces,
utensils, ventilation equipment, and other facilities; adequacy of
lighting, ventilation, water, lavatory facilities, bedding, food
protection facilities, treatment of eating and drinking utensils, and waste
disposal; methods of food preparation, handling, storage, and serving; adequacy
of diet; and any other item necessary to the health of the prisoners or the
public.
(b) The Commission for
Health Services shall prepare a score sheet to be used by sanitarians of local
or district health departments in inspecting local confinement
facilities. The sanitarians local health departments shall
inspect local confinement facilities as often as may be required by the
Commission for Health Services. If an inspector of the Department finds
conditions that reflect hazards or deficiencies in the sanitation or food
service of a local confinement facility, he shall immediately notify the local or
district health department. The health department shall promptly cause
a sanitarian to inspect the facility. After making his its inspection,
the sanitarian local health department shall forward a copy of his
its report to the Department of Human Resources and to the unit
operating the facility, on forms prepared by the Department of Environment,
Health, and Natural Resources. The report shall indicate whether the
facility and its kitchen or other place for preparing food is approved or
disapproved for public health purposes. If the facility is disapproved,
the situation shall be rectified according to the procedures of G.S.
153A-223."
Sec. 6. G.S. 130A-237 reads as rewritten:
"§
130A-237. Inspections, reports, corrective Corrective action.
A principal or administrative head of a public, private or
religious school shall inspect the facility every month to monitor the level of
sanitation and to assure compliance with the sanitation rules. A
principal or administrative head of a public, private, or religious school shall
immediately take action to correct conditions which that do not
satisfy the sanitation rules. Sample inspection report forms may be
obtained from the Department upon request."
Sec. 7. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 1st day of July, 1993.
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Dennis A. Wicker
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives