GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

H	1 

HOUSE BILL 1105

Short Title:  Clarify Regulated Establishments.	(Public)

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Sponsors: Representative Gibson.

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Referred to:  Public Health.

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April 15, 1999

A BILL TO BE ENTITLED
AN ACT TO CLARIFY WHICH ESTABLISHMENTS ARE SUBJECT TO REGULATION AS FOOD AND LODGING FACILITIES UNDER CHAPTER 130A OF THE GENERAL STATUTES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 130A-247(4) reads as rewritten:
"(4)	‘Establishment that prepares or serves drink' means a business or other entity that prepares or serves beverages made from raw apples or potentially hazardous beverages made from other raw fruits or vegetables or that otherwise puts together, portions, sets out, or hands out drinks for human consumption."
Section 2.  G.S. 130A-247(5) reads as rewritten:
"(5)	‘Establishment that prepares or serves food' means a business or other entity that cooks, puts together, portions, sets out, or hands out food for human consumption."
Section 3.  G.S. 130A-250 reads as rewritten:
"§ 130A-250.  Exemptions.
The following shall be exempt from this Part:
(1)	Establishments that provide lodging described in G.S. 130A-248(a1) with four or fewer lodging units.
(2)	 Condominiums.
(3)	Establishments that prepare or serve food or provide lodging to regular boarders or permanent house guests only.
(4)	Private homes that occasionally offer lodging accommodations, which may include the providing of food, for two weeks or less to persons attending special events, provided these homes are not bed and breakfast homes or bed and breakfast inns.
(5)	Private clubs.
(6)	Curb markets operated by the State Agricultural Extension Service.
(7)	Establishments that prepare or serve food or drink for pay no more frequently than once a month for a period not to exceed two consecutive days, including establishments permitted pursuant to this Part when preparing or serving food or drink at a location other than the permitted locations.
(8)	Establishments that put together, portion, set out, or hand out only beverages that do not include those made from raw apples or potentially hazardous beverages made from raw fruits or vegetables, using single service containers that are not reused on the premises.
(9)	Establishments where meat food products or poultry products are prepared and sold and which are under inspection by the North Carolina Department of Agriculture and Consumer Services or the United States Department of Agriculture.
(10)	Establishments that only set out or hand out beverages that are regulated by the North Carolina Department of Agriculture and Consumer Services in accordance with Article 12 of Chapter 106 of the General Statutes.
(11)	Establishments that only set out or hand out food that is regulated by the North Carolina Department of Agriculture and Consumer Services in accordance with Article 12 of Chapter 106 of the General Statutes."
Section 4.  This act becomes effective October 1, 1999.