GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 1122

Short Title:  No Unwrapped Food Samples.	(Public)
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Sponsors: Representatives Bowie; Alexander, Alphin, Arnold, Balmer, Barbee, Berry, Black, Bowen, Bowman, Brawley, J. Brown, Burton, Cole, Colton, Crawford, Creech, Culp, Cummings, Daughtry, Decker, DeVane, Dickson, Dockham, Edwards, Esposito, Flaherty, Gamble, Gist, Gottovi, Grady, Green, Hall, Hill, Holmes, Holt, Howard, H. Hunter, Ives, Jarrell, Jenkins, Justus, Kennedy, Kuczmarski, Lee, Lemmond, Luebke, Lutz, McAllister, McLaughlin, Mercer, Miner, Mitchell, Morgan, Nichols, C. Preston, J. Preston, Ramsey, Robinson, Russell, Spears, Stamey, Sutton, Tallent, G. Thompson, R. Thompson, Warner, Wilkins, Wilmoth, C. Wilson, and Wood.
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Referred to:  Health and Human Services.
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April 19, 1993

A BILL TO BE ENTITLED
AN ACT TO DIRECT THE HEALTH SERVICES COMMISSION TO ADOPT RULES RESTRICTING THE OFFERING OF UNWRAPPED FOOD SAMPLES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 130A-248(a3) reads as rewritten:
"(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)	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.
The rules shall contain a system for grading facilities, such as Grade A, Grade B, and Grade C."
Sec. 2. This act becomes effective January 1, 1994.