§ 130A-248. Regulation of food and lodging establishments.
§ 130A‑248. Regulationof food and lodging establishments.
(a) For the protectionof the public health, the Commission shall adopt rules governing the sanitationof establishments that prepare or serve drink or food for pay andestablishments that prepare and sell meat food products or poultry products.However, any establishment that prepares or serves food or drink to the public,regardless of pay, shall be subject to the provisions of this Article if theestablishment that prepares or serves food or drink holds an ABC permit, asdefined in G.S. 18B‑101, meets 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 protectionof the public health, the Commission shall adopt rules governing the sanitationof hotels, motels, tourist homes, and other establishments that provide lodgingfor pay.
(a2) For the protectionof the public health, the Commission shall adopt rules governing the sanitationof private homes offering bed and breakfast accommodations to eight or fewerpersons per night, and rules governing the sanitation of bed and breakfast innsas defined in G.S. 130A‑247. In carrying out this function, theCommission shall adopt requirements that are the least restrictive so as toprotect the public health and not unreasonably interfere with the operation ofbed and breakfast inns.
(a3) The rules adopted bythe Commission pursuant to subsections (a), (a1), and (a2) of this sectionshall address, but not be limited to, the following:
(1) Sanitationrequirements for cleanliness of floors, walls, ceilings, storage spaces,utensils, ventilation equipment, and other areas and items;
(2) Requirements for:
a. Lighting and watersupply;
b. Wastewatercollection, treatment, and disposal facilities; and
c. Lavatory and toiletfacilities, food protection, and waste disposal;
(3) The cleaning andbactericidal treatment of eating and drinking utensils and other food‑contactsurfaces. A requirement imposed under this subdivision to sanitize multiuseeating and drinking utensils and other food‑contact surfaces does notapply to utensils and surfaces provided in the guest room of the lodging unitfor guests to prepare food while staying in the guest room.
(3a) The appropriate andreasonable use of gloves or utensils by employees who handle unwrapped food;
(4) The methods of foodpreparation, transportation, catering, storage, and serving;
(5) The health ofemployees;
(6) Animal and vermincontrol; and
(7) The prohibitionagainst the offering of unwrapped food samples to the general public unless theoffering and acceptance of the samples are continuously supervised by an agentof the entity preparing or offering the samples or by an agent of the entity onwhose premises the samples are made available. As used in this subdivision,"food samples" means unwrapped food prepared and made available forsampling by and without charge to the general public for the purpose ofpromoting the food made available for sampling. This subdivision does not applyto unwrapped food prepared and offered in buffet, cafeteria, or other style inexchange for payment by the general public or by the person or entity arrangingfor the preparation and offering of such unwrapped food. This subdivision shallnot apply to open air produce markets nor to farmer market facilities operatedon land owned or leased by the State of North Carolina or any local government.
The rules shall contain a systemfor grading establishments, such as Grade A, Grade B, and Grade C. The rulesshall be written in a manner that promotes consistency in both theinterpretation and application of the grading system.
(a4) For the protectionof the public health, the Commission shall adopt rules governing the sanitationof limited food service establishments. In adopting the rules, the Commissionshall not limit the number of days that limited food service establishments mayoperate. Limited food service establishment permits shall be issued only topolitical subdivisions of the State, establishments operated by volunteers thatprepare or serve food in conjunction with amateur athletic events, or forestablishments operated by organizations that are exempt from federal incometax under section 501(c)(3) or section 501(c)(4) of the Internal Revenue Code.
(b) No establishmentshall commence or continue operation without a permit or transitional permitissued by the Department. The permit or transitional permit shall be issued tothe owner or operator of the establishment and shall not be transferable. Ifthe establishment is leased, the permit or transitional permit shall be issuedto the lessee and shall not be transferable. If the location of anestablishment changes, a new permit shall be obtained for the establishment. Apermit shall be issued only when the establishment satisfies all of therequirements of the rules. The Commission shall adopt rules establishing therequirements that must be met before a transitional permit may be issued, andthe period for which a transitional permit may be issued. The Department mayalso impose conditions on the issuance of a permit or transitional permit inaccordance with rules adopted by the Commission. A permit or transitionalpermit shall be immediately revoked in accordance with G.S. 130A‑23(d)for failure of the establishment to maintain a minimum grade of C. A permit ortransitional permit may otherwise be suspended or revoked in accordance withG.S. 130A‑23.
(b1) A permit shallexpire one year after an establishment closes unless the permit is the subjectof a contested case pursuant to Article 3 of Chapter 150B of the GeneralStatutes.
(c) If ownership of anestablishment is transferred or the establishment is leased, the new owner orlessee shall apply for a new permit. The new owner or lessee may also apply fora transitional permit. A transitional permit may be issued upon the transfer ofownership or lease of an establishment to allow the correction of constructionand equipment problems that do not represent an immediate threat to the publichealth. Upon issuance of a new permit or a transitional permit for anestablishment, any previously issued permit for an establishment in thatlocation becomes void.
(c1) The Commission shalladopt rules governing the sanitation of pushcarts and mobile food units. Apermitted restaurant or commissary shall serve as a base of operations for apushcart or mobile food unit.
(d) The Departmentshall charge each establishment subject to this section, except nutritionprograms for the elderly administered by the Division of Aging and AdultServices of the Department of Health and Human Services, establishments thatprepare and sell meat food products or poultry products, and public schoolcafeterias, a fee of seventy‑five dollars ($75.00) for each permitissued. This fee shall be reassessed annually for permits that do not expire.The Commission shall adopt rules to implement this subsection. Fees collectedunder this subsection shall be used for State and local food, lodging, andinstitution sanitation programs and activities. No more than thirty‑threeand one‑third percent (33 1/3%) of the fees collected under thissubsection may be used to support State health programs and activities.
(d1) The Department shallcharge a twenty‑five dollar ($25.00) late payment fee to any establishmentsubject to this section, except nutrition programs for the elderly administeredby the Division of Aging of the Department of Health and Human Services,establishments that prepare and sell meat food products or poultry products,and public school cafeterias, that fails to pay the fee required by subsection(d) of this section within 45 days after billing by the Department. TheDepartment may, in accordance with G.S. 130A‑23, suspend the permit of anestablishment that fails to pay the required fee within 60 days after billingby the Department. The Department shall charge a reinstatement fee of onehundred fifty dollars ($150.00) to any establishment that requestsreinstatement of its permit after the permit has been suspended. The Commissionshall adopt rules to implement this subsection.
The clear proceeds of civilpenalties collected pursuant to this subsection shall be remitted to the CivilPenalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.
(e) In addition to thefees under subsection (d) of this section, the Department may charge a fee oftwo hundred fifty dollars ($250.00) for plan review of plans for prototypefranchised or chain facilities for food establishments subject to this section.All of the fees collected under this subsection may be used to support theState food, lodging, and institution sanitation programs and activities underthis Part.
(f) Any local healthdepartment may charge a fee not to exceed two hundred fifty dollars ($250.00)for plan review by that local health department of plans for foodestablishments subject to this section that are not subject to subsection (e)of this section. All of the fees collected under this subsection may be usedfor local food, lodging, and institution sanitation programs and activities. Nofood establishment that pays a fee under subsection (e) of this section isliable for a fee under this subsection. (1941, c. 309, s. 1; 1955, c. 1030, s. 1; 1957, c.1214, s. 1; 1973, c. 476, s. 128; 1983, c. 891, s. 2; 1987, c. 438, s. 2; 1989,c. 551, ss. 1, 4; 1989 (Reg. Sess., 1990), c. 1064, s. 1; 1991, c. 226, s. 1;c. 656, ss. 1, 2; c. 733, s. 2; 1991 (Reg. Sess., 1992), c. 1039, s. 7; 1993,c. 262, s. 2; c. 346, s. 1; c. 513, s. 13; 1995, c. 123, s. 13(a)‑(d); c.507, s. 26.8(b), (g); 1997‑367, s. 1; 1997‑443, s. 11A.118(a); 1997‑479,s. 1; 2002‑126, ss. 29A.15(a), 29A.16; 2003‑340, ss. 1.5, 3; 2005‑276,s. 6.37(s); 2009‑451, s. 13.2(a)‑(c); 2009‑484, s. 2(b).)