NC Register Volume 21 Issue 09 - Office of Administrative Hearings

PROPOSED RULES
Public swimming pools and spas which operate at times other 2/year
than between April 1 and October 31 each year
Pushcarts
1/quarter
Residential care facilities
1/year
Restaurants
1/quarter
Schools
1/year
Summer camps
1/year
Tattoo Artists
1/year
Risk Category I applies to food service establishments
that prepare only non-potentially hazardous foods.
Risk Category II applies to food service establishments
whose preparation processes requiring cooking, cooling
and reheating are limited to two or less potentially
hazardous foods. Potentially hazardous foods that are
not cooked, cooled and reheated shall be:
(A)
(B)
(C)
cooked and served to order;
hot or cold held for service for six
hours or less; or
prepackaged raw ingredients that are
cooked to order.
Risk Category III applies to Food Service
Establishments that cook, cool, and reheat no more than
three potentially hazardous foods. Advanced
preparation of potentially hazardous foods occurs 24 or
more hours prior to service.
Risk Category IV applies to Food Service
Establishments that prepare potentially hazardous foods
from raw ingredients. Preparation processes include
cooking, cooling, hot holding and reheating of an
unlimited number of potentially hazardous foods 24 or
more hours prior to service. This category also includes
those facilities using specialized processes or whose
primary service is to a highly susceptible population.
For the purpose of restaurant inspections, a food sampling
inspection shall fulfill the requirement of an inspection provided
a minimum of three distinct samples are taken from the
restaurant. A maximum of one food sampling inspection per
restaurant, per year, may be used to meet the quarterly
inspection requirement for restaurants.
(2) Provisions for investigating complaints and
suspected outbreaks of illness associated with
food, lodging, and institutional facilities, and
public swimming pools. Corrective actions
shall be taken in cases of valid complaints and
confirmed outbreaks of illness.
(3) Provisions for keeping records of activities
described in Subparagraphs (a)(1) and (2) of
this Rule.
(b) A local health department shall establish, implement, and
maintain written policies for the provision of sanitation
education for food service personnel and orientation and inservice
training for Environmental Health Specialists.sanitarians.
The policies shall include the following minimum requirements
for Environmental Health Specialists sanitarians providing food,
lodging, and institutional sanitation services:
(1) Centralized Intern Training (CIT) Initial field
training for newly employed Environmental
Health Specialists; sanitarians;
(2) CDC Homestudy Course 3010-G or its
equivalent as approved by the Division of
Public Health Health; Compliance with
Delegation of Authority as stated in 15A
NCAC 01O .0100; and
(3) North Carolina State University Food
Protection Short Course or its equivalent as
approved by the Division of Public Health;
and
(3)(4) Compliance with the Board of Sanitarian
Examiners' requirements.
Authority G.S. 130A-4(b); 130A-9.
CHAPTER 18 - ENVIRONMENTAL HEALTH
SUBCHAPTER 18A - SANITATION
SECTION .2600 – THE SANITATION OF FOOD
SERVICE ESTABLISHMENTS
15A NCAC 18A .2601 DEFINITIONS
The following definitions shall apply in the interpretation and
enforcement of this Section:
(1) "Approved" means procedures and equipment
determined by the Department to be in
compliance with this Section. Food equipment
that is certified for sanitation by an American
National Standards Institute (ANSI) –
accredited program shall be approved. ANSI
sanitation standards are incorporated by
reference including subsequent amendments
and editions. These standards may be obtained
from ANSI, 1819 L Street, NW, 6 th Floor,
Washington, DC 20036, at a cost of sixhundred
sixty-five dollars ($665.00) and are
also available for inspection at the Division of
Environmental Health.
(2) "Catered elderly nutrition site" means an
establishment or operation where food is
served, but not prepared on premises, operated
under the rules of the N.C. Department of
Human Resources, Division of Aging.
(3) "Commissary" means a food stand that
services mobile food units and pushcarts. The
commissary may or may not serve customers
at the food stand's location.
(4) "Critical Violation" means a violation relating
to any one of the five risk factors that directly
contribute to foodborne disease outbreaks:
21:09 NORTH CAROLINA REGISTER NOVEMBER 1, 2006
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