North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter A - SANITATION › Section .2600 - THE SANITATION OF FOOD SERVICE ESTABLISHMENTS › Section 18A .2651 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The provisions of this Rule make amendments, additions, and
					 deletions to the Food Code incorporated by reference in Rule .2650 of this
					 Section. In Chapter 1, the following apply:
(1) In Paragraph 1-201.10(B), add:
				  "'Commissary' means a food establishment that services a mobile food unit or a
				  pushcart."
(2) In Paragraph
				  1-201.10(B), add: "'Congregate nutrition sites' means food establishments where
				  food preparation is limited to same day service, reheating of time/temperature
				  control for safety food, and operated under the rules of the Division of Aging
				  and Adult Services, N.C. Department of Health and Human Services, which are
				  found in 10A NCAC 05 and 06."
(3) In Paragraph 1-201.10(B), add:
				  "'Department' means the N.C. Department of Health and Human
				  Services."
(4) In Paragraph
				  1-201.10(B), amend "Equipment (1)" to read: "means an article that is used in
				  the operation of a food establishment such as a freezer, grinder, hood, ice
				  maker, meat block, mixer, oven, reach-in refrigerator, scale, sink, slicer,
				  stove, table, temperature measuring device for ambient air, or warewashing
				  machine."
(5) In Paragraph
				  1-201.10(B), amend "Food establishment (2)(b)" to read: "An operation that is
				  conducted in a mobile, stationary, temporary, or permanent facility or location
				  and where consumption is on or off the premises."
(6) In Paragraph 1-201.10(B), amend "Food
				  establishment (3)" to read: "'Food establishment' does not include entities
				  exempted as described in
				  G.S.
				  130A-250."
(7) In Paragraph 1-201.10(B), add: "'Food
				  stand' means a food establishment that prepares or serves food and that only
				  provides seating facilities as set forth in
				  G.S.
				  130A-248(a6)."
(8) In Paragraph 1-201.10(B), add: "'Good
				  repair' means equipment and utensils shall be maintained in a state of repair
				  and condition that meets the requirements specified under Parts 4-1 and 4-2 of
				  the Food Code as amended by Rule .2654."
(9) In Paragraph 1-201.10(B), amend "Imminent
				  health hazard" to read: "'Imminent health hazard' means an imminent hazard as
				  defined in
				  G.S.
				  130A-2(3)."
(10) In Paragraph 1-201.10(B), add: "'Limited
				  food services establishment' means a food establishment as defined in
				  G.S.
				  130A-247(7)."
(11) In Paragraph 1-201.10(B), add: "'Local
				  health director' means a local health director as defined in
				  G.S.
				  130A-2(6)."
(12) In Paragraph 1-201.10(B), amend "Meat"
				  to read: "'Meat' means the flesh of animals used as food including the dressed
				  flesh of cattle, swine, sheep, or goat, other edible animals, and as defined in
				  G.S.
				  106-549.15(14), except fish,
				  poultry, and wild game animals as specified under Subparagraphs 3-201.17(A)(3)
				  and (4)."
(13) In Paragraph
				  1-201.10(B), add: "'Mobile food unit' means a food establishment with no
				  permanent utility connections, except for an onsite electrical connection, that
				  is designed to be moved and vend food and that does not provide seating
				  facilities for customers to use while eating or drinking."
(14) In Paragraph 1-201.10(B), amend "Person"
				  to read: "'Person' means person as defined in
				  G.S.
				  130A-2(7)."
(15) In Paragraph 1-201.10(B), amend "Poultry
				  (1)" to read: "Any domesticated bird (chickens, turkeys, ducks, geese, guineas,
				  ratites, or squabs), whether live or dead, as defined in
				  9 CFR
				  381.1 Poultry Products Inspection Regulations
				  Definitions, Poultry, and
				  G.S.
				  106-549.51(26);
				  and"
(16) In Paragraph 1-201.10(B),
				  add: "'Pushcart' means a mobile piece of equipment or vehicle used to vend
				  food."
(17) In Paragraph
				  1-201.10(B), add: "'Registered Environmental Health Specialist' means a
				  Registered Environmental Health Specialist as defined in
				  G.S.
				  90A-51(2b) and
				  90A-51(4) and
				  authorized agent of the Department."
(18) In Paragraph 1-201.10(B), amend
				  "Regulatory Authority" to read: "'Regulatory Authority' means the Department or
				  authorized agent of the Department."
(19) In Paragraph 1-201.10(B), add:
				  "'Restaurant' means a food establishment that prepares or serves food and
				  provides seating."
(20) In
				  Paragraph 1-201.10(B), add: "'Supplemental cooking room' means a separate
				  attached or detached structure in that food is cooked on grills, pits, or
				  fireplaces and no other processing occurs."
(21) In Paragraph 1-201.10(B), amend
				  "Temporary food establishment" to read: "(1) 'Temporary food establishment'
				  means a food establishment as defined in
				  G.S.
				  130A-247(8). (2) 'Temporary
				  food establishment' does not include domestic yard sales and businesses such as
				  auctions and flea markets."
(22) In
				  Paragraph 1-201.10(B), add: "'Temporary food establishment commissary' means a
				  food establishment affiliated with a temporary food establishment that prepares
				  food in advance of or off-site from the event. The temporary food establishment
				  commissary permit shall be valid for no more than the time period described in
				  G.S.
				  130A-247(8) and shall be
				  permitted no more than 7 days prior to commencement of the event. Food
				  establishments that operate in the same location for more than the time period
				  described in
				  G.S.
				  130A-247(8) per calendar
				  year are not eligible for a temporary food establishment commissary permit.
				  Food shall not be sold from the temporary food establishment commissary. The
				  temporary food establishment commissary shall comply with all temporary food
				  establishment requirements as set forth in the rules at
				  15A NCAC
				  18A .2600."
(23) In Paragraph 1-201.10(B), add:
				  "'Transitional Permit' means as defined at
				  G.S.
				  130A-248(c). The
				  transitional permit shall expire 180 days after the date of
				  issuance."
(24) In Paragraph
				  1-201.10(B), delete the definition of "Vending machine."
(25) In Paragraph 1-201.10(B), delete the
				  definition of "Vending machine location."
Authority
					 G.S.
					 130A-248; S.L. 2019-129;
Eff.
					 September 1, 2012;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 20, 2019;
Amended Eff.
					 October 1, 2021.