A BILL TO BE ENTITLED
AN ACT TO enact the north carolina shopping carts act to protect shoppers from exposure to germs, viruses, bacteria, and other contaminants.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 8 of Chapter 130A of the General Statutes is amended by adding the following new Part to read:
"Part 13. Shopping Cart Sanitation.
"§ 130A‑288.  Sanitation practices in certain retail mercantile establishments.
(a)	This act shall be known and may be cited as the Shopping Cart Sanitation Wipe Act. The purpose of this act is to protect consumers from shopping cart handles that may be contaminated with bodily fluids such as blood, saliva, mucus, and even urine and fecal matter, for the purpose of disinfecting or sanitizing a nonporous surface.
(b)	As used in this section, the following terms are defined:
(1)	'Retail mercantile establishment.' – A place of business where merchandise is displayed, held, or stored and sold or offered for sale to the public.
(2)	'Shopping cart.' – A push cart of the type that is commonly provided by a retail mercantile establishment for public use in the transportation of merchandise within the premises of the retail mercantile establishment and from the retail mercantile establishment to a place outside the premises of the retail mercantile establishment.
(c)	A retail merchandise establishment that provides shopping carts may make available to the public, at no cost, sanitation wipes at the entrance to its premises for use by the public.
(d)	The Department or any local board of health shall encourage retail mercantile establishments to make available to the public, at no cost, sanitation wipes at the entrance to its premises, including in such notice the benefits to the general public of providing the sanitation wipes.(e)	Nothing in this act shall be construed to establish a private right of action against a person for failure or refusal to comply with this section."
SECTION 2.  This act becomes effective October 1, 2009.