AGENDA
#14a(5)
TO: Mayor and Town Council
FROM: Council
Member Joyce Brown
SUBJECT: Reuse of
Containers for Prepared Foods
DATE: June 11, 2001
After consultation with the Town Attorney, I am petitioning the Council to ask the Town Attorney to research how to approach changing the State policy forbidding citizens to bring their own containers for take out of prepared food. Though citizens can bring their own containers for such things as bulk honey, peanut butter, etc., in grocery stores, citizens cannot bring their own containers for take out of prepared foods in restaurants, delicatessens, etc. Over the years, I have spoken with the offices of federal and State representatives, and each thinks that the responsibility for this rests with the other.
Our Town Attorney did some preliminary research and thinks the right avenue would probably be to petition the North Carolina Health Commission. A copy of the State Statute regarding regulation of food and lodging establishments is attached.
This is a petition requesting that the Town Council ask the Town Attorney to do additional research on this issue and bring back to the Council at our August meeting a proposed strategy to try to get this policy changed.
1. N.C. General Statute 130A-248, “Regulation of food and lodging establishments” (p.2).
ATTACHMENT #1
N.C.G.S.A.
§ 130A-248
WEST'S
NORTH CAROLINA GENERAL STATUTES ANNOTATED
CHAPTER
130A. PUBLIC HEALTH
ARTICLE
8. SANITATION
PART 6.
REGULATION OF FOOD AND LODGING FACILITIES
Current
through 2000 Regular Session
§
130A-248. Regulation of food and lodging establishments
(a) For the protection of the public
health, the Commission shall adopt rules governing the sanitation of
establishments that prepare or serve drink or food for pay and establishments
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 the establishment that prepares or serves food or
drink holds an ABC permit, as defined 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 protection of the
public health, the Commission shall adopt rules governing the sanitation of
hotels, motels, tourist homes, and other establishments that provide lodging
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 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)
Sanitation requirements for cleanliness of floors, walls, ceilings, storage
spaces, utensils, ventilation equipment, and other areas and items;
(2)
Requirements for:
a.
Lighting and water supply;
b.
Wastewater collection, treatment, and disposal facilities; and
c.
Lavatory and toilet facilities, food protection, and waste disposal;
(3) The
cleaning and bactericidal treatment of eating and drinking utensils and other
food-contact surfaces. A requirement imposed under this subdivision
to sanitize multiuse eating and drinking utensils and other food-contact
surfaces does not apply to utensils and surfaces provided in the guest room of
the lodging unit for guests to prepare food while staying in the guest room.
(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;
(6) Animal
and vermin control; and
(7) The
prohibition against the offering of unwrapped food samples to the general
public unless the offering and acceptance of the samples are continuously
supervised by an agent of the entity preparing or offering the samples or by an
agent of the entity on whose premises the samples are made available. As used in this subdivision, "food
samples" means unwrapped food prepared and made available for sampling by
and without charge to the general public for the purpose of promoting the food
made available for sampling. This
subdivision does not apply to unwrapped food prepared and offered in buffet,
cafeteria, or other style in exchange for payment by the general public or by
the person or entity arranging for the preparation and offering of such
unwrapped food. This subdivision shall
not apply to open air produce markets nor to farmer market facilities operated
on land owned or leased by the State of North Carolina or any local government.
The rules
shall contain a system for grading establishments, such as Grade A, Grade B,
and Grade C. The rules shall be written
in a manner that promotes consistency in both the interpretation and
application of the grading system.
(a4) For the protection of the
public health, the Commission shall adopt rules governing the sanitation of
limited food service establishments. In
adopting the rules, the Commission shall not limit the number of days that
limited food service establishments may operate. Limited food service establishment permits shall be issued only
to political subdivisions of the State, establishments operated by volunteers
that prepare or serve food in conjunction with amateur athletic events, or for
establishments operated by other charitable organizations. On and after January 1, 1996, limited food
service establishment permits shall be issued only to political subdivisions of
the State, establishments operated by volunteers that prepare or serve food in
conjunction with amateur athletic events, or for establishments operated by
organizations that have applied for exemption or are exempt from federal income
tax under section 501(c)(3) or > section 501(c)(4) of the Internal Revenue
Code. On and after January 1, 1997,
limited food service establishment permits shall be issued only to political
subdivisions of the State, establishments operated by volunteers that prepare
or serve food in conjunction with amateur athletic events, or for
establishments operated by organizations that are exempt from federal income
tax under > section 501(c)(3) or > section 501(c)(4) of the Internal
Revenue Code.
(b) No 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 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 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
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 an establishment closes unless the permit is the subject of a contested
case pursuant to Article 3 of Chapter 150B of the General Statutes.
(c) If ownership of an establishment
is transferred or the establishment is leased, the new owner or lessee shall
apply for a new permit. The new owner
or 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
establishment subject to this section, except nutrition programs for the
elderly administered by 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, an annual fee of twenty-five
dollars ($25.00). The Department shall
charge an additional twenty-five dollars ($25.00) late payment fee to any
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 the permit of an establishment
that fails to pay the required fee within 60 days after billing by the
Department. The Department shall charge
a reinstatement fee of one hundred fifty dollars ($150.00) to any establishment
that requests reinstatement of its permit after the permit has been
suspended. The Commission shall adopt
rules to implement this subsection.
Fees collected under this subsection shall be used for State and local
food, lodging, and institution sanitation 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.
Added by Laws 1983, c. 891, § 2. Amended by Laws 1987, c. 438, § 2; Laws 1989, c. 249; Laws 1989, c. 551, § 1; Laws 1989, c. 551, § 4; Laws 1989 (Reg. Sess., 1990), c. 1064; Laws 1991, c. 226, § 1; Laws 1991, c. 656, § 1, 2; Laws 1991, c. 733, § 2; Laws 1991 (Reg. Sess., 1992), c. 1039, § 7; Laws 1993, c. 262, § 2, eff. July 1, 1993; Laws 1993, c. 346, § 1, eff. Jan. 1, 1994; Laws 1993, c. 513, § 13, eff. July 24,1993; Laws 1995, c. 123, § 13(a) to (d), eff. May 30, 1995; Laws 1995, c. 507, § 26.8(b), eff. Jan 1, 1996; Laws 1995, c. 507, § 26.8(g), eff. July 1, 1995; Laws 1995, c. 507, § 28.12; S.L. 1997-367, § 1, eff. Aug. 6, 1997; S.L. 1997-443, § 11A.118(a), eff. July 1, 1997; S.L. 1997-479, § 1, eff. July 1, 1998.
N.C.G.S.A.
§ 130A-248, Regulation of food and lodging establishments
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Excerpt from pages 58584-58587