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 .2658 - COMPLIANCE AND ENFORCEMENT

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 8, the following apply:
(1) In Section
				  8-103.10, add the following to the
				  end: "Variance requests shall be submitted to a committee including a food
				  scientist and representatives from industry and state and local public health
				  agencies appointed by the Department."
(2) In Section
				  8-201.11, add the following to the
				  beginning: "Plans drawn to scale for franchised or chain food establishments
				  shall be submitted for review and approval to the Environmental Health Services
				  Branch, N.C. Division of Public Health. Plans drawn to scale for independent
				  food establishments shall be submitted for review and approval to the local
				  health department."
(3) In
				  Paragraph 8-201.12(A), amend to read: "Intended menu and plan review
				  application;"
(4) In Paragraph
				  8-302.14(G), amend to read: "A statement signed by the applicant that attests
				  to the accuracy of the information provided in the application."
(5) In Paragraph 8-302.14(G), delete (1) and
				  (2).
(6) In Section
				  8-303.20, delete "Permit Renewal"
				  from the heading.
(7) In Section
				  8-303.20, amend to read: "As
				  applicable, the regulatory authority may issue a permit in accordance with
				  15A NCAC
				  18A .2659, to a new owner of an existing food
				  establishment after an application is submitted, reviewed, and approved, and an
				  inspection shows that the establishment is in compliance with this Code. If the
				  establishment is not in compliance with the Code, a transitional permit may be
				  issued in accordance with
				  G.S.
				  130A-248(b) and (c) and Rule
				  .2659(b)."
(8) Delete Section
				  8-304.10.
(9) Delete Paragraph 8-304.11(A).
(10) Delete Section
				  8-304.20.
(11) In Section
				  8-401.10, delete (A) and replace
				  with: "The regulatory authority shall inspect a food establishment in
				  accordance with
				  10A NCAC
				  46 .0213."
(12) In Section
				  8-401.10, delete (B) and
				  (C).
(13) Delete Section
				  8-401.20.
(14) Delete Section
				  8-402.10.
(15) In Subparagraph 8-402.20(A)(1), amend to
				  read: "The permit holder shall allow access to the regulatory authority as
				  specified under Section
				  8-402.11 of the Code and
				  G.S.
				  130A-17 and
				  130A-249."
(16) In Subparagraph 8-402.20(A)(3), amend to
				  read: "If access is denied, an administrative warrant may be obtained according
				  to G.S.
				  15-27.2."
(17) In Section
				  8-402.40, amend heading to read:
				  "Administrative Warrant to Gain Access."
(18) In Section
				  8-402.40, amend to read: "If denied
				  access to a food establishment for an authorized purpose and after complying
				  with Section
				  8-402.20 of the Food Code as
				  amended by Rule .2658, the regulatory authority may issue, or apply for the
				  issuance of, an administrative warrant to gain access as provided by
				  G.S.
				  15-27.2."
(19) In Section
				  8-403.20, delete the reference to
				  Section 8-406.11.
(20) Delete Section
				  8-406.11.
(21) Delete Subpart 8-501.
Authority
					 G.S.
					 130A-248; S.L. 2011-394, Section
					 15(a);
Eff. September 1, 2012;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 20,
					 2019.