A BILL TO BE ENTITLED
AN ACT TO encourage the protection of shoppers from exposure to germs, viruses, bacteria, and other contaminants on shopping carts.
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)	The purpose of this section is to protect consumers from shopping cart handles that may be contaminated with bodily fluids, including blood, saliva, mucus, and urine, and fecal matter, by encouraging that the means to disinfect or sanitize nonporous surfaces on shopping carts be provided to the public.
(b)	As used in this section, the following definitions mean:
(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 free 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 free sanitation wipes at the entrance to its premises and shall provide information on the benefits to the general public of providing the sanitation wipes.(e)	Nothing in this section 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.