05/04/1994
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Mr. John Coble called the regular business meeting of the New
Hanover County Board of Health (NHCBH) to order at 8:00 A.M.
on Wednesday, May 4, 1994, in the Carl Thomas Durham Auditorium,
New Hanover County Health Department (NHCHD), Wilmington, North
Carolina.
Members Present:
John M. Coble, Chairman
Spiro J. Macris, DDS, Vice-Chairman
Mary Lou Alford
Thomas V. Clancy, M
Mary King Dean
W. Keith Elmore, RPh.
Robert G. Greer
Dennis L. Jackson, DVM
Laura Pitts Maness
Edward L. Paul, Jr., OD
Mark A. Veenstra, PE
Members Absent:
Others Present:
Robert S. (Bob) Parker, Health Director
Daisy Brown, Recording Secretary
Mr. Greer presented the invocation.
Mr. Coble called for corrections to the minutes of the meeting on
April 6, 1994. The minutes were approved.
Recognitions:
Presentation of Flowers to Health Department Staff for Blood
Drive Victory
Mr. Wayne Morris, Director,
Social Services, presented a
staff in recognition of their
1993 County Blood Drive.
100% smokefree Establishments
New Hanover County Department of
bouquet of flowers to the NHCHD
victory over DSS in the December
Mr. Coble recognized and congratulated recipients of 50 New
Hanover County Smokefree Establishments with 100% Smokefree
Establishment Certificates.
Jeanne Rose, R.N., N.C. Association for Home Care Provider of The
Year Award
Mr. Coble recognized and congratulated Ms. Jeanne Rose, R.N.,
Home Health Quality Assurance Coordinator, recipient of the N.C.
Association for Home Care Provider of The Year Award.
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Ms. Frances Arnold, Resolution of Appreciation
On behalf of the Halifax County Board of Health, Mr.
presented a Resolution of Appreciation to Ms. Frances
Board of Health member, for serving six years on the
County Board of Health.
John Bullock, RPh, Health Department Pharmacist - Retirement
Parker
Arnold,
Halifax
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Mr. Coble presented to Mr. John Bullock,
dollar /plaque in recognition of his retirement
Mr. Parker commended him for dispensing
prescriptions at the health department.
RPh, a silver
from the NHCHD.
over 100,000
Class Act Award Program
Mr. Andre Mallette, Director, New Hanover County Department of
Human Resources, informed the Board regarding the Class Act Award
Program for New Hanover County employees. Mr. Mallette
explained that the first recipient of this award will be
recognized at the County Commissioners meeting on May 16, 1994.
Mr. Coble thanked Mr. Mallette for his presentation.
Department Focal:
Mr. Ken Sholar, Vector Control Manager, presented the department
focal entitled, "BTI Kill" (Mosquito Control).
Committee Reports:
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Unfinished Business:
Approval of New Hanover County Board of Heal th (WCBB) Rules
Governing the Operation of Temporary Food Facilities in New
Hanover County
Mr. Coble requested that the Board of Health consider the
adoption of the proposed NHCBH Rules Governing the Operation of
Temporary Food Facilities in New Hanover County.
Dr. Macris, Chairman, Environmental Health Committee, reported
that the Committee had made minor changes to the proposed
temporary food facilities rules and that fees will be addressed
at a future meeting of the Committee.
Ms. Harvell explained that the proposed foodstand rules will
better define the standards for temporary food service
operations. She stated the County Attorney has reviewed these
changes to the rules.
Dr. Macris moved from the Environmental Health Committee for the I
Board of Health to adopt the revised NHCBH Rules Governing the
Operation of Temporary Food Facilities in New Hanover County .
effective July 1, 1994. Upon vote, the MOTION CARRIED.
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New Business:
Approval for Home Health Agency to Move
Due to the lack of space for staff and inadequate parking for
health department clients and staff, Mr. Coble requested for the
Board to grant permission for the Home Health Agency to plan for
relocation of their agency to a leased facility.
Mr. Parker explained that the NHCHD needs extra clinical and
parking space. He explained that the lease will have to be
signed and approved by the New Hanover County Commissioners.
After a lengthy discussion, Dr. Jackson moved for the Board to
approve for the Home Health Agency to proceed with their plans to
relocate the NHCHD Home Health Agency to a leased facility.
Upon vote, the MOTION CARRIED.
Approval of Animal Control Advisory Committee Member
Mr. Coble presented a request to the Board to approve Ms. Melinda
Stallard to serve on the Animal Control Advisory Committee. Mr.
Currie explained that this position had been vacated by Ms. Mary
Ann Waldron.
Mr. Coble moved for the Board of Health to approve the nomination
of Ms. Melinda Stallard to the NHCHD Animal Control Advisory
Commi t tee. Upon vote, the MOTION CARRIED.
Comments:
Board of Health Members
Health Director
On behalf of the health department staff, Mr. Parker thanked the
Board of Health for honoring the Health Department Staff with a
luncheon at 12 Noon on Friday, April 29, 1994. The cooks for the
luncheon were recognized. He stated the news coverage of the
luncheon was outstanding.
Mr. Parker announced the California Raisins from the Dream Team
performed for the New Hanover County Commissioners on April 18,
1994. He stated that he has issued an invitation to Governor
James B. Hunt, Jr., to see the California Raisins' performance.
Mr. Parker invited Board members to visit with Dr. Ronald H.
Levine, State Health Director and other state officials, who plan
to visit with NHCHD staff from 10:30 A.M. - 12 Noon on May 10,
1994.
Mr. Parker reminded the Board that the North Carolina General
Assembly will convene on Tuesday, May 24, 1994.
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Mr. Parker invited Board members to attend the Home Health Agency
Strategic Planning meeting to be held on May 25 and 26, 1994. I
Ms. Alford is to represent the Board of Health at this meeting.
There being no further business Mr. Coble adjourned the meeting
at 9:46 A.M.
~?rL~. t#£
M John M. Coble
C airman, Board of Health
w~
Robert S. (Bob) Parker
Secretary to the Board
Approved:
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NEW HANOVER COUNTY
BOARD OF HEALTH
RULES GOVERNING THE OPERATION OF
TEMPORARY FOOD FACILITIES
IN
NEW HANOVER COUNTY
NORTH CAROLINA
EFFECTIVE JULY 1, 1994
Table Of Contents
Section
Page
.
1000
1001
1002
1003
1004
1005
1006
1007
1008
1009
1010
1011
1012
1013
1014
1015
1016
Purpose 3
General Provisions 3
Definitions 3
Exemptions 5
Permit 5
Construction Standards 6
EquiPment And Utensils 7
Sources And Protection Of Food 9
Hygiene/personnel 10
Water Supply 11
Toilet Facilities And Disposal Of Waste 11
Procedure When Infection Suspected 12
Right Of Entry 12
Appeals Procedure 12
Remedies 13
Severability 13
Effective Date 13
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Section 1000 Purpose
To establish standards for temporary food service operations
which are not regulated by the North Carolina Commission For
Health Services Rules Governing The Sanitation Of
Restaurants And Other Foodhandling Establishments (15A North
Carolina Administrative Code 18A .2600) so as to minimize
the risk of disease transmission through the handling of
food at special events of short duration such as
exhibi tions, festi vals and street fairs, the New Hanover
County Board Of Health declares that the following rules for
protection of the public health are hereby adopted pursuant
to authority granted by Chapter 130A Section 39 of the North
Carolina General Statutes, and shall apply throughout New
Hanover County, North Carolina.
Section 1001 General Provisions
(a) Scope No person shall construct, operate or renovate or
cause to be constructed, operated or renovated any temporary
food service operation contrary to the provisions of these
Rules. These Rules supersede regulations, requirements,
rules and standards relative to temporary food service
operations previously adopted by the New Hanover County
Board Of Health.
(b) Conflict The provisions of any federal, state or
municipal law, ordinance, regulation or rule establishing
requirements and standards affording greater protection to
the public health, safety and welfare shall prevail within
the jurisdiction of such agency or municipality over
requirements and standards established by these Rules.
(c) Permits No person shall handle, dispense and/or sell
food in or from a temporary food service operation until
such has been:
(1) found to be exempt from these Rules; OR,
(2) (A) inspected;
(B) found to comply with these Rules; and,
(C) permitted by the New Hanover County Health
Department.
Section 1002 Definitions
The following definitions shall apply in the interpretation
and enforcement of these Rules:
Approved means determined by the Department to be in
compliance with these rules. Food which complies with
requirements of the North Carolina Department Of Agriculture
or Uni ted States Department Of Agricul ture and the
requirements of these rules shall be considered as approved.
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Board Of Health means the New Hanover County Board Of
Health.
Department means the New Hanover County Health Department or
its authorized representative.
Director means Director of the New Hanover County Health
Department or his/her authorized representative.
Employee means any person who handles food or drink during
preparation or serving, or who comes in contact with any
eating or cooking utensils, or who is employed at any time
in any area in which food or drink is handled, prepared or
served.
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Food means any raw, cooked or processed edible substance,
ice, beverage or ingredient used or intended for use or for
sale in whole or in part for human consumption.
Person means any individual, firm, association,
organization, partnership, business trust, corporation or
company.
Potentially hazardous food means any food or ingredient,
natural or sYnthetic, in a form capable of supporting the
growth of infectious or toxigenic microorganisms, including
Clostridium botulinum. This term includes raw or heat
treated foods of animal origin, raw seed sprouts and treated
foods of plant origin. The term does not include foods
which have a pH level of 4.6 or below or a water activity
(Aw) value of 0.85 or less.
Sanitize means the approved bactericidal treatment by a
process which meets the temperature and chemical
concentration levels in 15A NCAC 18A .2619.
Sewage means the liquid and solid human body waste, and
liquid waste generated by water-using fixtures and
appliances, including those associated with foodhandling.
Single service means cups, containers, lids, closures,
plates, kni ves, forks, spoons, stirrers, paddles, straws,
napkins, wrapping materials, toothpicks and similar articles
intended for one-time, one person use and then discarded.
Special event means an event in which businesses, churches,
organizations and/or persons participate such as an
exhibition, festival, street fair or similar public
gathering including but not limited to the Azalea Festival,
City Of Wilmington Fourth Of July Celebration, David Walker
Festival, Feast Of The Pirates Street Fair, Pleasure Island
Spring Festival, Piney Woods Festival and Riverfest.
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/
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Temporary food facility means any facility that meets all of
the following criteria: 1) where potentially hazardous food
is handled, portioned, prepared and/or served; 2) where
potentially hazardous food is either given away or sold to
the public; and, 3) operates for a period of 48 hours or
less in conjunction with a special event.
Section 1003 Exemptions
These Rules shall not apply to temporary food service
operations meeting the following criteria:
(a) those that only handle popcorn, candied apples, cotton
candy and/or beverages in single-service containers; OR,
(b) those that only handle baked food items or dairy
products regulated solely by the North Carolina Department
Of Agriculture; OR,
(c)
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those that meet the following three (3) criteria:
(1) duration of the special event does not exceed 24
hours from beginning to end;
(2) duration of the food service operation does not
exceed 24 hours from beginning to end; and,
(3) only handle ready-to-eat/ready-to-serve food
catered from an establishment under regulation by the
North Carolina Commission For Health Services Rules
Governing The Sanitation Of Restaurants And Other
Foodhandling Establishments (15A North Carolina
Administrative Code 18A .2600); OR,
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those that meet the following three (3) criteria:
(1) duration of the special event does not exceed 24
hours from beginning to end;
(2) duration of the food service operation does not
exceed 24 hours from beginning to end; and,
(3) are one (1) of no more than two (2) temporary food
facilities operated at the special event.
Section 1004 Permit
(d)
(a) A permit to operate shall be obtained from the
Department prior to handling, dispensing and/or selling food
in or from a temporary food facility.
(b) The Department shall provide upon request an
Application For A Permit To Operate A Temporary Food
Facility to a potential participant. A completed, signed
and dated application along with fee payment as specified in
the current fee schedule established by the Board Of Health
should be submitted to the Department at least 14 calendar
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days prior to commencement of the special event. The
completed application shall include a menu listing of each
food and beverage item to be handled, dispensed and/or sold.
Applications and/or fee payments submitted to the Department
less than 14 calendar days prior to commencement of the
special event shall be subject to a penalty as specified in
the current fee schedule established by the Board Of Health.
Applications and fee payments including penalties shall only
be accepted by the Department during normal business hours
(Monday through Friday between the hours of 8:00 AM and 5:00
PM) prior to commencement of the special event.
(c) Participants shall be responsible for obtaining from
the local building code enforcement official and fire
department all relevant information concerning electrical,
fire and safety codes.
(d) Participants shall be responsible for complying with
all other applicable federal, state and local codes, laws,
ordinances, regulations, rules and standards.
(e) When an inspection by the Department shows that a
temporary food facility fully complies with these Rules, a
permit to operate shall be issued to the owner or operator.
A permit to operate shall not be transferable, and shall not
be valid for more than 48 consecutive hours after the
date/time of issue.
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(f) The permit to operate shall be posted in a conspicuous
place where it may be readily observed by the public at all
times. The owner or operator of the temporary food facility
shall be responsible for keeping the permit to operate
posted for the duration of the special event.
(g) Noncompliance with these Rules and/or conditions stated
on the permit to operate shall be sufficient cause for the
Department to deny or suspend the permit to operate. A
suspended permit to operate shall not be reinstated until an
inspection by the Department shows that the temporary food
facility fully complies with these Rules and/or conditions
stated on the permit to operate.
Section 1005 Construction Standards
(a) Temporary food facili ties shall be located in clean
surroundings, and kept in a clean and sanitary condition.
They shall be constructed, arranged and operated so that
food, utensils and equipment will not be exposed to insects,
dust and other contamination.
(b) Temporary food facilities shall not be located:
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(1) within 100 feet of animal/poultry pens, stables or
yards;
(2) in areas that are likely to be flooded;
(3) in areas that support vermin harborage; and,
(4) near other environmental factors/features that
contribute to, create or promote unsanitary conditions.
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(c) A temporary food facility shall consist of at least one
( 1) enclosure in a location, of a construction and in an
arrangement approved by the Department. All food dispensed
and/or sold at a special event shall be handled, portioned,
prepared and served from such an approved enclosure.
Floors, walls and ceilings shall be constructed of canvas,
plastic, wood or other similar impervious material. Except
for access space to the inside of the enclosure, walls shall
extend to a minimum height of 30 inches above the floor
surface. The roof or ceiling of the enclosure shall extend
at least to the outer edge of all bars, counters, tables,
work surfaces, and cooking, display and preparation
equiPment. Floors, walls and ceilings shall be maintained
in a condition or state of repair so as to be cleanable
through routine procedures, and shall be kept clean.
(d) All food and food service equipment with the exception
of bulk storage and grills with lids shall be located inside
an approved enclosure and shall not be exposed either to the
public or other potential sources of contamination. The
space occupied by bulk storage, waste disposal containers
and any other utility type items shall be treated as an
extension of the food service operation. Provisions shall
be made to exclude animals from the area comprising the
total temporary food facility. Only employees of the
temporary food facility and delivery persons shall be
allowed in the enclosure(s) or extended food service area
comprising the total temporary food facility.
Section 1006 Equipment And Utensils
(a) All equipment and utensils shall be of a type design,
construction and fabrication that can be effectively and
safely used in a temporary food service operation. All
eating, drinking and cooking utensils, tables, sinks,
cabinets, hoods, shelves and other equipment and fixtures
used in connection with the operation shall be so
constructed as to be easily cleanable and in good repair.
All surfaces with which food or drink comes in contact shall
consist of smooth, not readily corrodible, non-toxic
material such as stainless steel, phenolic resin, marble
slabs or tight wood in which there are no open cracks or
joints that will collect food particles and slime, and be
readily accessible for cleaning. Shelves, tables and
counters shall not be covered with paper, cardboard, oil
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cloth or other absorbent material and shall be free of
crevices.
(b) An equipment and utensil wash/rinse/sanitize station
shall be provided. It shall consist of at least a series of
three (3) basins of an adequate size for washing, rinsing
and sani tizing equipment surfaces and utensils, and
drainboards.
(c) Materials and a procedure conforming with Rules
Governing The Sanitation Of Restaurants And Other
Foodhandling Establishments (15A North Carolina
Administrative Code 18A Section .2600) shall be provided,
established and utilized to sanitize equipment surfaces and
utensils.
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(d) All equipment and utensils shall be thoroughly cleaned
and sanitized prior to the handling of any food in the
temporary food facility and, thereafter, as frequently as
necessary. During the staging of operation, all equipment
and utensils shall be transported, stored, handled and
arranged in a manner so as to maintain a cleaned and
sanitized condition. All equiPment and utensils that come
into contact with potentially hazardous food shall be
cleaned and sanitized regularly, or exchanged for cleaned
and sanitized items at regular intervals.
(e) A metal stem-type food thermometer accurate to +2
degrees F and with a range of 0 to 220 degrees F shall be
available to check food temperatures.
(f) Adequate refrigeration and/or freezer space shall be
provided for the storage of all perishable foods. Air
temperature thermometers accurate to +3 degrees F shall be
provided in all refrigeration and freezer units.
(g) An employee handwash station shall be provided. It
shall consist of at least a two (2) gallon, closed container
of potable water with a cut-off valve, basin, soap and
single use towels.
(h) Effective sneeze guards shall be provided to protect
food as well as equipment and utensils from potential
sources of contamination. Glass or similar shields shall be
provided to separate unenclosed or unwrapped food from
customers.
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(i) All pieces of small equipment, utensils and food shall
be stored off the floor surface on shelving or pallets. No
pieces of small equipment, utensils and food shall be stored
directly on the ground.
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(j) Only single service utensils shall be offered for the
customer's use.
(k) Condiment containers shall be pump/ squeeze type
containers or have self-closing covers or lids for content
protection. Single serving packets are recommended.
Section 1007 Sources And Protection Of Food
(a) Potentially hazardous foods such as cream-filled
pastries and pies, and salads such as potato, chicken, ham,
crab, etc., shall not be served in a temporary food
facili ty . Hamburgers, poul try and other meats shall be
obtained from an approved market or plant in a ready-to-cook
preportioned state, and kept refrigerated or frozen until
cooked.
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(b) All food shall be obtained from sources that comply
with all laws relating to food and food labeling, shall be
properly stored in original packaging materials and shall be
properly identified. Food in hermetically sealed containers
shall have been processed in a commercial food processing
establishment operated in compliance with North Carolina
General Statutes 106-120 through 145. Establishments with a
valid permit to operate under Rules Governing The Sanitation
Of Restaurants And Other Foodhandling Establishments ( 15A
North Carolina Administrative Code 18A Section .2600) shall
be considered approved sources of food. Food transported by
the temporary food facility operator from out-of-state shall
be stored in original, unbroken packaging materials, and
shall be accompanied by an invoice stating the date and
place of purchase. Foods prepared in a domestic kitchen
shall not be considered from approved sources. All food
shall be clean, wholesome, free from adulteration and
spoilage, safe for human consumption, and shall be handled,
served, or transported in such a manner as to prevent
contamination, adulteration, and spoilage. Foods that are
spoiled or otherwise unfit for human consumption shall be
immediately disposed of as garbage except as specified in
Section 1011 of these Rules.
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(c) Raw fruits and raw vegetables shall be thoroughly
washed with potable water before being cooked or served.
(d) All potentially hazardous foods shall be kept at or
below 45 degrees F or at or above 140 degrees F except
during frozen storage and during the preparation or serving
processes. Potentially hazardous foods requiring cooking
shall be cooked to heat all parts of the food to a
temperature of at least 140 degrees F except as follows:
(1) ground beef shall be cooked to an internal
temperature of at least 155 degrees F;
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(2) pork shall be cooked to an internal temperature of
at least 150 degrees F; and,
(3) poultry shall be cooked to an internal temperature
of at least 165 degrees F with no interruption of the
cooking process.
All potentially hazardous foods that have been cooked and
then refrigerated shall be reheated rapidly to 165 degrees F
or higher throughout before being served or before being
placed in hot food storage. All potentially hazardous foods
that are transported shall be maintained at the temperatures
heretofore stated in this Rule.
(e) No unprotected foods including condiments shall be
displayed for self-service or exposed to the public on
counters or table tops.
Section 1008 Hygiene/Personnel
(a) All employees shall be clean as to their person and
methods of foodhandling, and shall wear clean outer
clothing. All employees shall wear effective hair
restraints to prevent the contamination of food or food
contact surfaces.
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(b) All employees shall scrupulously wash their hands with
soap and water, and then dry their hands with a clean,
single-use towel:
(1) before starting work;
(2) after use of the toilet;
(3) prior to any direct contact of the hand(s) with
food or food contact surfaces;
(4) between the handling of cooked food and raw food;
(5) upon returning to work from a break;
(6) after drinking, eating or smoking; and,
(7) at the conclusion to any other activity or
procedure where the probably exists of contaminating or
cross-contaminating food.
(c) Employees preparing food shall have used antibacterial
soap, dips or hand sanitizers immediately prior to food
preparation or shall use clean, plastic disposable gloves or
sani tized utensils during food preparation. This is in
addition to all handwashing requirements in this Section.
Sanitary food handling techniques shall be used at all
times.
(d) No employee shall use tobacco in any form within the
enclosure(s) and extended food service area.
(e) OWners/operators shall maintain a list of all employees
for a period of 90 days after the event.
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(f) No person who has a communicable or infectious disease
that can be transmitted by foods, or who is a carrier of
organisms that cause such a disease, or who has a boil,
infected wound, or a disease with sudden onset and severe
symptoms including cough or nasal discharge, shall work in a
temporary food facility in any capacity in which there is' a
likelihood of such person contaminating food or food contact
surfaces with disease-causing organisms or transmitting the
illness to other persons.
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Section 1009 Water Supply
(a) The water supply shall be from a source located,
constructed, maintained and operated in accordance with
either the current Rules Governing Water Supply Wells In New
Hanover County or the current Rules Governing Public Water
Supplies [15A North Carolina Administrative Code (NCAC)
18C] .
(b) The Department shall collect and analyze a water sample
from any source other than those governed by 15A NCAC 18C to
verify acceptable bacteriological water quality.
(c) Cross-connections with unapproved water supplies are
prohibited. Running water under pressure shall be provided
within 100 feet of all temporary food facilities, and shall
be provided in sufficient quantity to carry out all food
preparation, cleaning, handwashing, utensil washing and
other water-using operations. Food grade hose shall be used
for the distribution of water.
Section 1010 Toilet Facilities And Disposal Of Waste
(a) Adequate toilet facilities shall be provided for food
service personnel as well as the public, and shall be
located within a reasonable distance of all temporary food
facilities.
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(b) All wastewater shall be disposed in accordance with the
North Carolina General Statutes. Wastewater generated by
temporary food facilities includes but is not limited to the
following:
(1) condensate from refrigeration equipment;
(2) liquid waste from beverage dispensing units, and
ice machines and storage bins; and,
(3) liquid waste from cleaning, hand washing and
utensil washing activities.
Wastewater shall be collected or drained into a leakproof
container or holding tank and shall not be discarded onto
the ground surface or into a stormwater collection system.
(c) All hose or pipe connections to the wastewater
collection system shall be of a different size/type than
that used for supplying potable water.
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(d) Garbage shall be collected and stored in standard,
watertight cans with tightfitting lids or containerized
systems. Plastic garbage bags may be used within a
temporary food facility enclosure for short term storage.
Garbage and other solid waste including emptied cans and
containers, and used single service items shall frequently
be removed from the temporary food facility enclosure and
extended food service area. Garbage and other solid waste
shall be disposed through composting, incinerating or
landfilling at a facility/operation permitted by the North
Carolina Department Of Environment, Health And Natural
Resources.
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(e) Watertight containers with tightfitting lids shall be
provided for short term storage of waste grease generated
through the normal operation of a temporary food facility.
Waste grease shall be collected by a professional service
company and transported to an approved recycling operation.
Section 1011 Procedure When Infection Suspected
When the Department has reason to suspect the possibility of
exposure to, or transmission of, infection within a
temporary food facility from any person or from any food or
drink, the Director shall act in accordance with the
Communicable Disease Laws And Rules (Chapter 130A Sections
133 through 148 of the North Carolina General Statutes, 15A
North Carolina Administrative Code 19A).
Section 1012 Right Of Entry
Pursuant to authority granted by North Carolina General
Statute 130A Section 17, the Department shall have the right
to enter upon the premises of any temporary food or other
facili ty for the purpose of conducting an inspection and
determining compliance with these Rules.
Section 1013 Appeals Procedure
(a) Director Appeals concerning interpretation and
enforcement of these Rules shall be made by written petition
to the Director and shall be made within fifteen (15) days
of the challenged action. The Director may require the
appellant to submit such information as deemed necessary to
make a decision concerning interpretation and enforcement.
The Director shall respond to affirm, modify or reverse the
challenged action. When granting variance from these Rules,
the Director may impose such conditions as deemed necessary
to protect the public health.
(b) Board Of Health Appeals concerning decisions of the
Director shall be made by written petition to the Board Of
Health and shall be made within fifteen (15) days of the
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challenged action. The Board Of Health shall conduct a
hearing within forty-five (45) days after receipt of an
appeal petition and shall give the appellant not less than
fifteen (15) days notice of the date, time and place of the
hearing. The Board Of Health shall respond to affirm,
modify or reverse the challenged action. When granting
variance from these Rules, the Board Of Health may impose
such conditions as deemed necessary to protect the public
health.
Section 1014 Remedies
If a person violates any part of these Rules, then he(she)
shall be guilty of a misdemeanor and shall be subject to
sanctions provided in Chapter 130A Section 25 of the North
Carolina General Statutes.
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Section 1015 Severability
If any provision of these Rules or the application thereof
to any person or circumstance is declared invalid, then the
remainder of these Rules or the application of such
provision to other persons or circumstances shall not
thereby be affected.
Section 1016 Effective Date
Adopted May 4, 1994 by the New Hanover County Board Of
Health, these Rules shall be effective on and after July 1,
1994.
Signed
Chairman
New Han
-.dJ'~
County Board Of Health
Slgn~W~
Director
New Hanover County Health Department
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