AGENDA #5b
TO: Mayor and Town Council
FROM: Ralph D. Karpinos, Town Attorney
SUBJECT: Reuse of Food Containers for Prepared Foods
DATE: August 27, 2001
This memorandum provides information in response to a petition presented on June 11, 2001.
On June 11, 2001, the Council received and referred a petition asking the Town Attorney to do additional research on the source of regulations now prohibiting use of one’s own container when purchasing prepared food at a restaurant or grocery store. A copy of the petition is attached.
Following review of applicable state law and regulations and conversations with Orange County and State health officials, I wrote a letter to the head of the Dairy and Food Protection Branch, Environmental Health Services Section, Division of Environmental Health, N.C. Department of Environment and Natural Resources, seeking information on the regulations and the procedures to modify them. Attached are copies of the letter and the response received on August 14.
According to the letter, the regulations prohibiting reuse of food containers are state regulations and are consistent with standards in the Food Code of the U.S. Food and Drug Administration.
The August 14, 2001, letter also explains the rationale for the regulations. According to the letter, the regulations are established in order to avoid the potential for spread of contamination from a container to a surface in the food establishment.
The rules referred to in the letter are contained in the North Carolina Administrative Code. Modification of the State rules could be initiated by following the procedures referred to in the attached letter. A proposed change to the rule would need to be drafted, published in the N.C. State Register and there would be an opportunity for public comment. Provisions of the North Carolina Administrative Procedures Act, Chapter 150B of the North Carolina General Statutes, would apply and require consideration by the Rules Review Commission. If adoption of any rule were to be proposed it would not go into effect until after there has been an opportunity for the Legislative Oversight Committee to consider whether to propose a bill to preclude the rule from becoming effective in the next session of the General Assembly. N.C.G.S. Chapter 150B, Article 2A.
That the Council consider the comments contained in the letter of August 14,
2001, and determine its interest in pursuing a change in the State
Regulations.