GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	2 

SENATE BILL 1559
Finance Committee Substitute Adopted 7/3/90

Short Title:  Surcharge/Local Health Programs.	(Public)
─────────────────────────────────────── 
Sponsors:
─────────────────────────────────────── 
Referred to:  
─────────────────────────────────────── 

June 6, 1990

A BILL TO BE ENTITLED
AN ACT TO SUPPORT PUBLIC HEALTH PROGRAMS AND ACTIVITIES THROUGH AN ANNUAL FEE FOR FOOD AND LODGING FACILITIES AND MEAT MARKETS.
The General Assembly of North Carolina enacts:
Section 1.  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 for pay. However, any facility where food or drink is prepared or served to the public, regardless of pay, shall be subject to the provisions of this Article if the facility holds an ABC permit, meets the definition of an establishment pursuant to G.S. 18B-1000(2), (4), (5), or (6) 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 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 persons per night.
(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 requirements for cleanliness of floors, walls, ceilings, storage spaces, utensils, and other areas and items;
(2)	The adequacy of:
a.	Lighting, ventilation, and water supply;
b.	Sewage collection, treatment, and disposal facilities; and
c.	Lavatory facilities, food protection facilities, and waste disposal;
(3)	The cleaning and bactericidal treatment of eating and drinking utensils and other food-contact surfaces;
(3a)	(Effective July 1, 1990) 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, such as Grade A, Grade B, and Grade C.
(b)	No facility shall commence or continue operation that does not have 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 and shall not be transferable. A permit shall be issued only when the facility 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 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.
(c)	If ownership of a facility is transferred, the new owner or operator shall apply for a new permit.  The new owner or operator may also apply for a transitional permit.  A transitional permit may be issued upon the transfer of ownership of an establishment to allow the correction of construction and equipment problems that do not represent an immediate threat to the public health.
	(d) The Department shall charge each facility permitted pursuant to this section, with the exception of 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 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 that fails to pay the required fee within 60 days after billing by the Department.  The Commission shall adopt rules to implement this section.  Fees collected under this act shall be deposited in the General Fund."
Sec. 2.  G.S. 130A-228 reads as rewritten:
"§ 130A-228.  Regulation of places selling meat.
(a)	For the protection of the public health, the Commission shall adopt rules governing the sanitation of markets where meat food products (as defined in G.S. 106-549.15(14)) or poultry products (as defined in G.S. 106-549.51(26)) are prepared and sold. The rules shall also provide a system of grading the markets. A market shall satisfy the minimum sanitation requirements prescribed by the rules in order to operate. The rules shall include, but not be limited to, the establishment of sanitation requirements concerning the preparation and storage of all food at the markets; construction and cleanliness of the building, equipment and utensils; water supply; toilet and handwashing facilities; sewage collection, treatment and disposal facilities; disposal of waste; lighting and ventilation; vermin control; and health of employees.
(b)	No market shall commence or continue operation that does not have a permit issued by the Department.  The permit shall be issued to the owner or operator of the market and shall not be transferable.  A permit shall be issued only when the market satisfies all of the requirements of the rules.  A permit shall be immediately revoked in accordance with G.S. 130A-23(d) for failure of the market to maintain a minimum grade of C.  A permit may otherwise be suspended or revoked in accordance with G.S. 130A-23.
	(c)	The Department shall charge each market permitted pursuant to this section 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 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 market that fails to pay the required fee within 60 days after billing by the Department.  The Commission shall adopt rules to implement this section.  Fees collected under this act shall be deposited in the General Fund."
Sec. 3.  Effective July 1, 1991, G.S. 130A-248, as amended by Section 1 of this act, 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 for pay. However, any facility where food or drink is prepared or served to the public, regardless of pay, shall be subject to the provisions of this Article if the facility holds an ABC permit, meets the definition of an establishment pursuant to G.S. 18B-1000(2), (4), (5), or (6) 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 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 persons per night.
(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 requirements for cleanliness of floors, walls, ceilings, storage spaces, utensils, and other areas and items;
(2)	The adequacy of:
a.	Lighting, ventilation, and water supply;
b.	Sewage collection, treatment, and disposal facilities; and
c.	Lavatory facilities, food protection facilities, and waste disposal;
(3)	The cleaning and bactericidal treatment of eating and drinking utensils and other food-contact surfaces;
(3a)	(Effective July 1, 1990) 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, such as Grade A, Grade B, and Grade C.
(b)	No facility shall commence or continue operation that does not have 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 and shall not be transferable. A permit shall be issued only when the facility 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 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.
(c)	If ownership of a facility is transferred, the new owner or operator shall apply for a new permit.  The new owner or operator may also apply for a transitional permit.  A transitional permit may be issued upon the transfer of ownership of an establishment to allow the correction of construction and equipment problems that do not represent an immediate threat to the public health. 
	(d) The Department shall charge each facility permitted pursuant to this section, with the exception of public school cafeterias, an annual fee of fifty dollars ($50.00).  The Department shall charge an additional fifty dollar ($50.00) late payment fee to any facility 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 that fails to pay the required fee within 60 days after billing by the Department.  The Commission shall adopt rules to implement this section.  Fees collected under this Act shall be deposited in the General Fund."
Sec. 4.  Effective July 1, 1991, G.S. 130A-228, as amended by Section 2 of this act, reads as rewritten:
"§ 130A-228.  Regulation of places selling meat.
(a)	For the protection of the public health, the Commission shall adopt rules governing the sanitation of markets where meat food products (as defined in G.S. 106-549.15(14)) or poultry products (as defined in G.S. 106-549.51(26)) are prepared and sold. The rules shall also provide a system of grading the markets. A market shall satisfy the minimum sanitation requirements prescribed by the rules in order to operate. The rules shall include, but not be limited to, the establishment of sanitation requirements concerning the preparation and storage of all food at the markets; construction and cleanliness of the building, equipment and utensils; water supply; toilet and handwashing facilities; sewage collection, treatment and disposal facilities; disposal of waste; lighting and ventilation; vermin control; and health of employees.
(b)	No market shall commence or continue operation that does not have a permit issued by the Department.  The permit shall be issued to the owner or operator of the market and shall not be transferable.  A permit shall be issued only when the market satisfies all of the requirements of the rules.  A permit shall be immediately revoked in accordance with G.S. 130A-23(d) for failure of the market to maintain a minimum grade of C.  A permit may otherwise be suspended or revoked in accordance with G.S. 130A-23.
	(c)	The Department shall charge each market permitted pursuant to this section an annual fee of fifty dollars ($50.00).  The Department shall charge an additional fifty dollar ($50.00) late payment fee to any facility 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 market that fails to pay the required fee within 60 days after billing by the Department.  The Commission shall adopt rules to implement this section.  Fees collected under this Act shall be deposited in the General Fund."
Sec. 5.  Sections 1 and 2 of this act shall be effective upon ratification.  Sections 3 and 4 shall be effective July 1, 1991.