§ 130A-250. Exemptions.
§ 130A‑250. Exemptions.
The following shall be exemptfrom this Part:
(1) Establishments thatprovide lodging described in G.S. 130A‑248(a1) with four or fewer lodgingunits.
(2) Condominiums.
(3) Establishments thatprepare or serve food or provide lodging to regular boarders or permanenthouseguests only. However, the rules governing food sanitation adopted underG.S. 130A‑248 apply to establishments that are not regulated under G.S.130A‑235 and that prepare or serve food for pay to 13 or more regular boardersor permanent houseguests who are disabled or who are 55 years of age or older.Establishments to which the rules governing food sanitation are made applicableby this subdivision that are in operation as of 1 July 2000 may continue to useequipment and construction in use on that date if no imminent hazard exists.Replacement equipment for these establishments shall comply with the rulesgoverning food sanitation adopted under G.S. 130A‑248.
(4) Private homes thatoccasionally offer lodging accommodations, which may include the providing offood, for two weeks or less to persons attending special events, provided thesehomes are not bed and breakfast homes or bed and breakfast inns.
(5) Private clubs.
(6) Curb marketsoperated by the State Agricultural Extension Service.
(7) Establishments (i)that are incorporated as nonprofit corporations in accordance with Chapter 55Aof the General Statutes or (ii) that are exempt from federal income tax underthe Internal Revenue Code, as defined in G.S. 105‑228.90, or (iii) thatare political committees as defined in G.S. 163‑278.6(14) and thatprepare or serve food or drink for pay no more frequently than once a month fora period not to exceed two consecutive days, including establishments permittedpursuant to this Part when preparing or serving food or drink at a locationother than the permitted locations. A nutrition program for the elderly that isadministered by the Division of Aging of the Department of Health and HumanServices and that prepares and serves food or drink on the premises where theprogram is located in connection with a fundraising event is exempt from thisPart if food and drink are prepared and served no more frequently than one dayeach month.
(8) Establishments thatput together, portion, set out, or hand out only beverages that do not includethose made from raw apples or potentially hazardous beverages made from rawfruits or vegetables, using single service containers that are not reused onthe premises.
(9) Establishments wheremeat food products or poultry products are prepared and sold and which areunder inspection by the North Carolina Department of Agriculture and ConsumerServices or the United States Department of Agriculture.
(10) Markets that selluncooked cured country ham or uncooked cured salted pork and that engage inminimal preparation such as slicing, weighing, or wrapping the ham or pork,when this minimal preparation is the only activity that would otherwise subjectthese markets to regulation under this Part.
(11) Establishments thatonly set out or hand out beverages that are regulated by the North CarolinaDepartment of Agriculture and Consumer Services in accordance with Article 12of Chapter 106 of the General Statutes.
(12) Establishments thatonly set out or hand out food that is regulated by the North CarolinaDepartment of Agriculture and Consumer Services in accordance with Article 12of Chapter 106 of the General Statutes. (1955, c. 1030, s. 4; 1957, c. 1214, s. 3; 1983, c.884, ss. 1, 2; c. 891, s. 2; 1985 (Reg. Sess., 1986), c. 926; 1989, c. 551, s.3; 1991, c. 733, s. 3; 1993, c. 262, s. 4; c. 513, s. 14; 1995, c. 123, s. 14;1997‑261, s. 86; 1999‑13, s. 1; 1999‑247, s. 5; 2000‑82,s. 1; 2001‑440, s. 4.)