GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

S	1 

SENATE BILL 1201

Short Title:  Date Labels for Perishable Foods.	(Public)

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Sponsors: Senators Hagan; Albertson, Ballance, Carter, Garrou, Gulley, Hoyle, Kerr, Kinnaird, Lee, Lucas, Martin of Guilford, Metcalf, Miller, Moore, Perdue, Phillips, Rand, Robinson, and Wellons.

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Referred to:  Commerce.

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May 10, 2000

A BILL TO BE ENTITLED
AN ACT TO REQUIRE RETAIL FOOD ESTABLISHMENTS TO STAMP OR ATTACH LABELS TO PREPACKAGED MEATS AND OTHER PERISHABLE FOODS  SHOWING THE RECOMMENDED LAST DAY OF SALE.
The General Assembly of North Carolina enacts:
Section 1.  Article 12 of Chapter 106 of the General Statutes is amended by adding a new section to read:
"§ 106-122.1.  Labels showing recommended last day of sale for perishable foods.
(a)	A retail food establishment shall not sell or offer for sale prepackaged meats, poultry, seafood, or other perishable food unless there clearly and conspicuously is stamped upon the package, or a label attached thereto, showing the recommended last day of sale, indicated by month and day.  The label or stamp showing the last recommended day of sale shall not be altered or removed.  The packaged food shall not be rewrapped or repackaged with a last recommended day of sale different from the date on the original package.
(b)	This section does not prohibit the sale of food after the last recommended day of sale indicated on the stamp or label if (i) the food is wholesome and sound and (ii) the package clearly shows that the food is being sold after the last recommended day of sale.
(c)	The following definitions apply in this section:
(1)	'Perishable food' means any food in a package form which the manufacturer, packer, or retailer, in conjunction with the Department of Agriculture and Consumer Services, determines as having a significant risk of spoilage, loss of value, or loss of palatablility within 90 days of the date of packaging.
(2)	'Prepackaged' means packaged prior to being displayed or offered for sale.
(3)	'Retail food establishment' means a business that prepares and sells meat or meat products, poultry, seafood, or other perishable foods to consumers at retail.
(d)	This section shall not apply to the sale or offering for sale of fresh fruits and vegetables, canned foods, or frozen foods.  This section shall not apply to perishable food products packaged under, and in compliance with, State or federal laws and regulations requiring equal or greater information than that required in this section.
(e)	The Board of Agriculture shall adopt rules implementing the provisions of this section including record-keeping requirements.  The rules shall prescribe the methods by which retail food establishments determine a recommended last day of sale consistent with public health and safety.  Calculation of the recommended last day of sale shall include a reasonable period after purchase for consumption of the food."
Section 2.  There is appropriated from the General Fund to the Department of Agriculture and Consumer Services the sum of sixteen thousand six hundred forty-three dollars ($16,643) for the 2000-2001 fiscal year to fund one additional Meat and Poultry Inspector I position in the Department. This appropriation is conditioned upon the availability of federal matching funds for the position in the amount of sixteen thousand six hundred forty-three dollars ($16,643) for the 2000-2001 fiscal year.
Section 3.  This act shall be considered a recent act of the General Assembly for rule-making purposes and temporary rules shall be adopted by the Board of Agriculture within 90 days of the effective date of this act.
Section 4.  This act becomes effective July 1, 2000.