01/05/1983
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The New Hanover County Board of Health met on Wednesday, January 5, 1983
at the New Hanover County Health Department.
Members Present:
Carl Durham, Chairman
Ted Bagley
Donald Blake
J. William Eakins, M.D.
William Grathwol
Larry Neal, D.D.S.
James Strickland
Hobart Whaley
Members Absent:
One Vacant Membership
Others Present:
James M. Brown, Secretary to the Board
Robert Pope, County Attorney
Mabel Price, Recording Secretary
Mr. Durham, Chairman, called the meeting to order at 8:03 A. M. and called
for corrections to the December 1, 1982 minutes. Mr. Grathwol moved the
minutes be approved. Dr. Neal seconded the motion and it carried unanimously.
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Oath of Office:
William Grathwol
Health.
Oath of Office was
who were appointed
administered to Mr. Hobart Whaley and Mr.
to serve another term on the Board of
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Election of Officers: The nominating committee presented a slate of officers
for 1983: Mr. Carl Durham, Chairman and Dr. Larry Neal, Vice Chairman. Dr.
Eakins moved that nominations be closed and that Mr. Durham be elected as
Chairman by acclamation. Mr. Grathwol seconded the motion and it carried
unanimously. Mr. Grathwol moved that nominations be closed for Vice Chairman
and that Dr. Neal be elected Vice Chairman by acclamation. Dr. Eakins seconded
the motion and it carried unanimously.
Staff Reports:
Hilda White, Personnel, gave a brief report on vacancies, promotions and new
hires for the month of December.
Mr. Brown asked if there were enough interest in Staff Reports for this to be
continued for 1983. It was the consensus of the Board that the reports are
informative and worthwhile.
Personnel Review Committee: Mr. Durham reported that the Personnel Review
Committee had met and reviewed the evaluation form used in the evaluation of
the Director and had made some minor revisions. He told the Board that the
form would be mailed to them later this month to be used in the evaluation.
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Mr. Durham also told the Board that this Committee had decided to do an attitude
survey of Health Department employees on Friday, January 7, 1983 and that results
would be given to Board Members at the February Board of Health meeting. The
Committee will decide what part of the summary will be released.
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Priorities Committee: Mr. Strickland reported that the letter and package'
requesting reclassification of the Local Health Administrator I to Administra-
tive Officer II, Administrative Assistant I to Administrative Assistant II and
Clerk-Typist III to Administrative Assistant II and the request for an Adminis-
trative Secretary was ready to present to the Commissioners. Mr. Blake stated
that he was unaware of the reclassification request from Local Health Adminis-
trator I to Administrative Officer II and felt he could not support this.
Mr. Blake was in the hospital when this plan was approved by the Board. After
much discussion, Mr. Grathwol moved that the Board approve the position as a
Local Health Administrator I who would serve as Assistant Health Director. Mr.
Blake seconded the motion and it carried unanimously. The Board requested that
Mr. Bagley and Mr. Strickland work with Mr. Brown to develop this position descrip-
tion. The Board also authorized Mr. Brown to submit the new Administrative Secre-
tary position and reclassifications for the Administrative Assistant I and Clerk-
Typist III to the Commissioners for their approval.
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Shellfish and Seafood Committee: Dr. Neal moved that the Ordinance for Shellfish
and Seafood be adopted as presented (copy attached to these minutes). Dr. Eakins
seconded the motion and it carried unanimously. The Board commended Dr. Neal
on the excellent job he had done in preparing the Ordinance. Mr. Pope will pub-
lish and post the ordinance according to legal requirements.
Horne Health Care Cost Study: Mr. Brown advised the Board that Jim McMahan is
making a comparison report on the Horne Health Program in the Health Department
and the private Horne Health Agency. He reported that the Horne Health Advisory
Board will also take an active part in the comparison.
Grievance Hearing: Mr. Grathwol reported that at this time the grievance commit- ~
tee is not ready to report.
Drainage: Mr. Blake reported that the Board of Commissioners will be looking into
Countywide Drainage again and that a letter is forthcoming to the Board of Health
from the Commissioners regarding this.
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Directions for 1983: Mr. Durham reported that he is presently putting together
proposed directions for FY 1983 and will present them to the Board in the near
future.
Committee Appointments: Mr. Durham appointed the following committees to serve
during 1983:
Long Range Planning - Mr. Bagley, Chairman; Dr. Neal; Marian Duggins
Education Policy - Dr. Neal, Chairman; Linda Wicks
Emergency Training - Hoba!t Whaley, Chairman; Mr. Brown
Environmental Ordinances - Mr. Grathwol, Chairman; Dr. Eakins, Mike Rhodes
Budget - Dr. Neal, Chairman; Mr. Strickland; Mr. Whaley; Mr. Brown
Personnel - Mr. Durham, Chairman; Dr. Eakins; Mr. Strickland; Mr. Bagley
There being no further business Dr. Eakins moved the meeting be adjourned. Mr.
Whaley seconded the motion and it carried unanimously and the Board was adjourned
at 9:42 A. M.
~fr<S Y~P/~th
Secretary 1:0 he Board
....,
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Approved: February 2, 1983
SECTION I.
SECTION II.
SECTION III.
SECTION IV.
SECTION V.
TABLE OF CONTENTS
SHORT TITLE
DEFINITIONS
A. Health Authority
B. Person
C. Seafood Market
D. Vehicle
E. Fish
F. Shellfish
G. Crustacea Meat
H. Sanitize
I. Adulterated
J. Permit
K. Refrigerated
A.
B.
REQUIREMENTS FOR OPERATION
Inspection and Approval
Application and Permit
APPROVAL OF PLANS
A.
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
B.
New Construction or Remodeling
of a Seafood Market
Operations Previously Permitted
STANDARDS OF CONSTRUCTION AND
OPERATION
M.
Floors
Walls and Ceilings
Lighting and Ventilation
Toilet and Handwashing Facilities
Storage and Storage Spaces
Water Supply
Liquid Wastes
Solid Wastes and By-Products
Insect and Rodent Control
Miscellaneous
Employees
Construction and Cleaning of
Utensils and Equipment
Facilities for Scaling, Drawing
and Washing of Fish
Refrigeration
Shellfish and Crustacea
N.
o.
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(Shellfish) Page No.
SECTION VI. DELIVERY TRUCKS 14
SECTION VII. SALE FROM VEHICLES
A. Interior of Vehicle 15
B. Refrigeration 15
C. Inspection and Permit 15
D. Parking 15
E. Record of Purchase 15
F. The Vehicle 15
G. Sale of Crustacea 16
H. Sale of Fin Fish 16
SECTION VIII. RIGHT OF ENTRY 16
SECTION IX. RIGHT TO APPEAL 17
SECTION X. SEVERABILITY 18
SECTION XI. CRIMINAL PENALTY 18
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AN ORDINANCE
OF THE
BOARD OF HEALTH
OF
NEW HANOVER COUNTY
The Board of Health of New Hanover County, North Carolina,
in order to protect and promote the public health throughout New
Hanover County, pursuant to N.C.G.S. Section 130-17, does enact
the following rules and regulations governing the handling, prep-
aration and sale of fish and other seafood products.
SECTION I. SHORT TITLE
This ordinance shall be known as the "SHELLFISH-SEAFOOD
ORDINANCE."
SECTION II. DEFINITIONS
The following definitions shall apply in the interpretation
and enforcement of the rules governing the sanitation of the
handling, preparing and sale of fish and other seafood products,
as hereinafter defined.
A. The term "health authority" shall mean the New Hanover
County Board of Health, the New Hanover County Health
Director or his authorized representative, to include
an authorized agent of the North Carolina Division of
Health Services.
B. "Person" shall mean an individual, firm, association,
organization, partnership, business trust, corporation
or company.
1
c. "Seafood market" shall mean and include any place or
establishment or vehicle in, from or on which any
seafood products are stored, handled and/or offered for
sale at retail and/or wholesale except those vehicles
or establishments certified by the North Carolina Divi-
sion of Health Services.
D. The term "vehicle" shall mean and include every device
in, upon, or by which any person or property is or may
be transported or drawn upon a highway.
E. The term "fish" shall mean and include any edible,
commercially distributed fresh or salt water member of
the animal kingdom classed as fish (Pisces). This term
also includes invertebrates such as squid and
octopuses.
F. The term "shellfish" shall mean and include oysters,
mussels and all varieties of clams and scallops.
G. The term "crustacea meat" shall mean and include the
meat of crabs, lobsters, crayfish and shrimp.
H. The term "sanitize" shall mean the effective bacterici-
dal treatment of clean surfaces and utensils by a
process which has been approved by the Division of
Health Services and is effective in destroying vegeta-
tive cells of pathogenic bacteria and in substantially
reducing other micro-organisms. Such treatment shall
not adversely affect the product and shall be safe for
the consumer.
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I. The term "adulterated" shall mean the condition of a
seafood product:
1. If it bears or contains any poisonous or deleteri-
ous substance which may render it injurious to
health;
2. If it bears or contains any added poisonous or
deleterious substance for which no safe tolerance
has been established by regulations, or in excess
of such tolerance if one has been established;
3. If it contains in whole or in part of any filthy,
putrid or decomposed substance, or if it is other-
wise unfit for human consumption;
4. If it has been processed, prepared, packed or held
under unsanitary conditions, whereby it may have
been contaminated with filth, or whereby it may
have been rendered injurious to health.
J. The term "permit" shall mean authorization granted by
the health authority to any person to sell, or offer
for sale, seafood products in New Hanover County,
North Carolina.
K. The term "refrigerated" shall mean a temperature of
forty-five (45) degrees Fahrenheit or less.
3
SECTION III. REQUIREMENTS FOR OPERATION
A. Inspection and Approval
No person shall operate a seafood market within New Hanover
County until he shall have complied with the following Rules, and
until such market has been inspected and approved by a
representative of the New Hanover County Health Department. Such
inspection and approval is to be made and had thereafter four
times a year.
B. Application and Permit
Application for such inspection shall be made in writing by
the person requesting a permit to operate. All permits shall be
posted in a conspicuous place within the market. violations of
any of the following Rules shall constitute sufficient cause for
revocation of the permit to operate. No permit to operate shall
be issued or reissued until the market has been inspected or
reinspected by a representative of the New Hanover County Health
Department, and such permit shall be renewed annually.
SECTION IV. APPROVAL OF PLANS
A. Plans and specifications for proposed new construction
or remodeling of a seafood market, including a motor vehicle,
shall be submitted for review and approval to the New Hanover
County Health Department.
B. Fish markets and shellfish dealers who have been in
operation and previously permitted are exempt from the additional
construction requirements of this ordinance as long as the
ownership of the business remains the same as before the
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effective date of this ordinance.
SECTION V. STANDARDS OF CONSTRUCTION AND OPERATION
A. Floors
All floors shall be of smooth materials and so constructed
as to be easily cleanable and shall be kept in good repair.
Floors in rooms used for handling, preparing and storage of fish
and other seafood products; rooms in which utensils or equipment
are washed; walk-in refrigerators; dressing or locker rooms and
toilet rooms shall be of nonabsorbent materials such as concrete,
terazzo, tile, durable grades of linoleum or plastic or equal.
All floors shall be free of cleaning obstacles and shall be kept
clean. The floor area space shall be sufficient to accommodate
all necessary operations. In all areas in which water is
routinely discharged to the floor, or in which floors are
subjected to flooding-type cleaning, floors shall be of concrete,
terazzo, tile or equal, shall slope to drain and be provided with
floor drains. At least a hose bib shall be provided and so
located that a hose may be connected for washing and flushing
floors.
B. Walls and Ceilings
The walls and ceilings of all rooms shall be kept clean and
in good repair. All walls and ceilings in rooms used for
handling, preparing, storage and sale of fish and other seafood
products; rooms in which utensils and equipment are washed;
walk-in refrigerators; dressing or locker rooms; and toilet rooms
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shall be easily cleanable and light colored, and shall have
washable surfaces to the highest level reached by splash or
spray or no less than six (6) feet.
C. Lighting and Ventilation
All rooms and enclosed areas, including vehicles, used for
handling, preparing, storage and sale of fish and other seafood
products, all rooms in which utensils and equipment are washed,
dressing or locker rooms, toilet rooms and storage rooms shall be
well lighted and ventilated by either natural or artificial
means. Light bulbs, fixtures, skylights, or other glass over
exposed seafood shall be of the safety type or otherwise pro-
tected to prevent contamination in case of breakage.
D. Toilet and Handwashing Facilities
Every seafood market except motor vehicles shall be provided
with adequate and convenient toilet facilities readily accessible
at all business hours, and conforming with the North Carolina
Building Code. In all new and renovated seafood markets, the
floor area shall be at least eighteen (18) square feet for the
minimum sized toilet room containing one commode and one
lavatory, or one commode and one urinal, and shall contain ten
(10) square feet in addition for each additional plumbing fix-
ture. Toilet rooms shall not be used for storage. Doors shall
be self-closing. Fixtures shall be kept clean and in good
repair. Durable, legible signs shall be posted or stenciled
conspicuously in each employee's toilet room directing employees
to wash their hands before returning to work and after each visit
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to the toilet. Adequate and convenient lavatory facilities, or
other approved handwashing facilities conforming with the North
Carolina Building Code, including hot and cold running water with
a mixing faucet, soap and sanitary towels or approved hand-drying
devices, shall be provided for employees and shall be kept clean.
Sinks used for washing of utensils and equipment or preparing of
fish shall not be accepted as substitutes for required hand-
washing facilities for employees.
E. Storage and Storage Spaces
Storage spaces shall be kept clean and free from unnecessary
storage. All items shall be stored above the floor on shelves,
movable dollies or pallets, or equal, or in cabinets. Shelves in
storage rooms shall be constructed approximately one (1) inch
from the wall to eliminate narrow cracks for roaches, and the
bottom shelf shall be at least fifteen (15) inches above the
floor or otherwise arranged so as to permit thorough cleaning.
Shelves shall not be covered with paper, cardboard, oilcloth or
otherwise absorbent material. All single-service containers,
wrapping papers, etc., shall be stored so as to prevent contami-
nation by splash, dust and vermin. All shipping boxes, crates or
other containers must be rinsed or flushed out immediately after
emptying. The storage of all such containers is prohibited,
unless they have been thoroughly washed and rinsed and stored at
least fifteen (15) inches above the floor in a neat and orderly
manner.
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F. Water Supply
The water supply shall be adequate and of a safe, sanitary
quality. Running water under pressure shall be easily accessible
to all rooms in which fish and/or seafood products are handled;
rooms in which utensils or equipment is washed; dressing and
locker rooms; toilet rooms; and garbage can wash areas. When a
private water supply is used, it shall be located, constructed,
maintained and operated in accordance with the requirements of
the North Carolina Division of Health Services bulletin entitled
"Rules Governing the Protection of Private Water Supplies." No
cross-connections with unapproved water supplies shall exist.
Any variance must be obtained from the Health Director.
G. Liquid Wastes
All sewage and other liquid wastes shall be disposed of in a
public sewer system, or in the absence of a public sewer, a
system approved by the local health authority is required. All
liquid wastes from seafood transportation vehicles shall be dis-
posed of in an approved waste disposal system.
H. Solid Wastes and By-Products
All solid wastes containing food scraps or other decomposa-
ble material (including garbage, inedible portions of viscera,
blood, scales, bones and other by-products) shall, prior to
disposal, be kept in leak-proof, nonabsorbent containers which
shall be kept covered with tight-fitting lids when filled or
stored, or not in continuous use; provided, that such containers
need not be covered when stored in a special vermin-proofed room
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or enclosure. All rubbish storage rooms, enclosures, areas and
containers shall be adequate for the storage of all solid wastes
accumulating on the premises; adequate cleaning facilities shall
be provided; and each container, room or area, shall be
thoroughly cleaned and subjected to bactericidal treatment after
the emptying or removal of the wastes, and such waste shall be
adequately stored and properly sealed to control odor and
entrance of insects or animals, and be removed from the premises
daily. Variances for the removal or storage of such wastes other
than specified in this ordinance shall be reviewed and approved
by the Health Director on an annual basis.
I. Insect and Rodent Control
Effective measures shall be taken to keep flies, rodents and
other vermin out of the establishment and to prevent their breed-
ing or presence on the premises. All openings to such outer air
shall be effectively protected against the entrance of such
insects by self-closing doors, closed windows, screening,
controlled air currents or other effective means. The premises
under the control of the management shall be kept neat and clean
and free of litter. There shall be no fly or mosquito breeding
places, rodent harborages or undrained areas on the premises.
Only those pesticides which have been properly labeled and
approved for the purpose shall be used; such pesticides shall be
used in accordance with the manufacturer's directions and shall
be so handled and stored as to prevent the contamination of
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containers, equipment and edible products.
J. Miscellaneous
Soiled work clothing and any clothes used in preparing or
for cleaning shall be kept in containers provided for this
purpose. Suitable storage spaces shall be provided for mops,
brushes, brooms, hose, cleaning compounds and other items in
routine use. A mop sink shall be provided. Under no circum-
stances shall a mop sink be used for the preparing of fish and
cleaning of utensils. It shall be used only for emptying mop
buckets, washing or rinsing mops, and disposal of other waste
water. The sink used for preparing seafood and cleaning utensils
and equipment shall be used for this purpose only. None of the
operations of the establishment shall be conducted in any room
used for domestic purposes.
K. Employees
All employees shall wear clean outer clothing, such as caps,
coats, aprons, etc., while on duty, shall be clean as to their
person and shall handle fish and other seafood products, utensils
and equipment in a sanitary manner. No employees shall use
tobacco in any form while in the preparation and handling of fish
and other seafood products. The hands of all employees handling
edible products, utensils and equipment shall be kept clean and
shall be washed before beginning work and after each visit to the
toilet. Every opportunity to benefit from foodhandler courses,
current literature and modern practices should be used by the
management and employees.
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L. Construction and Cleaning of Utensils and Equipment
All equipment and utensils shall be so designed and of such
material and workmanship as to be smooth, easily cleanable and
durable, and shall be kept clean and in good repair; and the food
contact surfaces of such equipment and utensils shall, in addi-
tion, be easily accessible for cleaning, nontoxic, corrosion
resistant and nonabsorbent; hard maple (durasan or polyethylene
plastic is recommended) or equivalent may be used for scaling and
cleaning boards. All utensils and equipment used in the handling,
scaling and cleaning of fish and other seafood products shall be
thoroughly cleaned at least once each day or more often, if
necessary, rinsed with hot water, and subjected to approved
bactericidal treatment. All such utensils and equipment shall
then be stored so as to drain, dry and be protected from splash
and dust and other contamination. Adequate hot water shall be
available during all periods of operation.
M. Facilities for Scaling, Drawing and Washing of Fish
All seafood markets handling fish shall be provided with
adequate facilities for the scaling, drawing, and washing of
fish, and shall consist of at least one sink with drain boards of
sufficient size and depth to accommodate the largest utensils
used. The sink shall be connected to a sand-trap drain. No sink
shall be allowed to discharge any waste on the floor at any time.
A crumb-cup strainer shall be installed in each sink that does
not have a garbage disposal unit attached. The scaling and clean-
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ing drain boards shall be constructed of 14 gauge or heavier
stainless steel or equal and shall be sloped to drain into the
sinks. All cutting boards shall be of tight construction with no
open cracks or joints that will collect food particles and slime.
Metal lined wood drain boards shall not be permitted. An ade-
quate flexible hand sprayer shall be provided with hot and cold
water for use when fish or other seafood products are being
cleaned and/or dressed.
N. Refrigeration
All fish and similar products for displaying and sales
purposes shall be stored in nonabsorbent cases or boxes of suffi-
cient size and depth to permit thorough icing at all times.
These cases or boxes shall be well insulated to conserve ice and
insure better refrigeration. The outside and inside of all fish
cases and boxes shall be kept clean at all times. The drainage
from all fish cases or boxes must be indirectly connected to a
floor drain. The drain or drip from any such fish cases and
boxes shall be elevated above the floor to permit thorough clean-
ing and ventilation. Fish must be unadulterated and well iced or
refrigerated at all times. All walk-in coolers or freezers shall
be equipped with shelves at least four (4) inches from the floor
or with movable pallets or dollies and shall be kept clean.
Refrigeration shall not be required for salted or brined
processed fish. Cases, containers, barrels or buckets which are
provided with suitable covers to prevent entrance of flies, dust,
splash and other contamination must be used in the storage,
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display and sales purpose of salted and brined fish. The out-
side, inside and covers of these containers must be kept clean at
all times. Metal containers subject to chemical change by con-
tact with salt (NaCl) or any of its chemical by-products shall
not be used in any way for the storage, display or handling of
salted or brined processed fish.
O. Shellfish and Crustacea
1. All shellfish and crustacea meat shall be obtained
from approved sources, provided that if the source of clams,
oysters or mussels is outside the State, the shipper's name is on
the list of Interstate Certified Shellfish Shippers which is
available for inspection at the Shellfish Sanitation Office in
Morehead City, North Carolina; and, provided that if the source
of cooked crustacea meat is outside the State, the establishment
in which the crustacea meat was packed is certified by the regu-
latory authority of the state or territory of origin, attested by
the presence of an official permit number on the container.
2. All shucked shellfish and all cooked crustacea
meat shall be refrigerated and shall be obtained and stored in
the clean single-service shipping containers in which packed at
the source. Each unit container shall be clearly identified with
the name and address of the packer, repacker or distributor; the
certificate number of the packer or repacker; and the abbreviated
name of the state. The reuse of single-service shipping con-
tainers and the storage of shucked shellfish in other containers
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are not permitted.
3. All shell stock shall be obtained and stored in the
containers in which packed at the source. Each unit container
shall be clearly identified with a uniform tag or label bearing
name and address of shipper, the certificate number issued by the
state regulatory authority, the abbreviated name of the state,
the date of harvesting, the date of shipment and/or reshipment,
the name of the waters from which the shellfish were taken, the
kind and quantity of the shell stock in the container and the name
and address of the consignee. After each container has been
emptied, the management shall remove the stub of the tag and
retain it for a period of at least sixty (60) days. All shell-
stock shall be stored at fifty-five (55) degrees Fahrenheit (12.8
degrees Celsius) or below in clean, well-drained bins or enclo-
sures provided especially for that purpose, that are protected
against contamination and are equipped with a thermometer.
4. The person shall keep on file for a period of sixty
(60) days the bills of sale for all shellfish and cooked crusta-
cea meat (crab, lobster, crayfish and shrimp) purchased.
DELIVERY TRUCKS (SHELLFISH)
SECTION VI.
All shellfish delivery trucks must either be certified or
purchase shellfish from a certified source. (Refer to Section V,
Subsection 0 above.) They must be completely enclosed and
painted if constructed of wood and kept clean. They should also
preferably be refrigerated. Should it become necessary to trans-
port other seafoods on the same vehicle, the shellfish must be
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separated so that they cannot become contaminated from other
products.
SECTION VII. SALE FROM VEHICLES
The offering for sale, either retail or wholesale, of the
aforedefined seafood from privately owned vehicles in any area of
New Hanover County shall be restricted as follows:
A. The interior of the vehicle shall be of smooth
materials and be so constructed as to be easily cleaned and main-
tained in good repair.
B. All fish and similar products displayed for retail
sale shall be in non-absorbent cases or boxes of sufficient size
and depth to permit and maintain thorough icing at all times.
These cases or boxes shall be well insulated, so as to conserve
ice and insure proper refrigeration. Fish must be unadulterated
and well iced at all times.
C. Inspection and permit are required as set forth in
Section III, entitled "Requirements for Operation."
D. Specific areas in which sales are conducted must
contain and offer adequate parking to avoid the creation of a
traffic hazard. Use of public land or right of way is pro-
hibited.
E. The vendor shall keep and maintain for a period of
sixty (60) days the records of purchase, disclosing the source of
the goods and supplies offered for sale.
F. Vehicles shall provide and contain adequate
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drainage to insure proper cleaning, and unless electrically
refrigerated, vehicles shall be emptied and cleaned daily. All
liquid wastes removed from the vehicles shall be disposed of in a
manner approved by the local health authority. All solid wastes
removed from the vehicles shall, prior to disposal, be kept in
leak-proof, non-absorbent containers which shall be kept covered
with tight-fitting lids. All employees shall wear clean outer
clothing and handle fish and other seafood products in a sanitary
manner. Wrapping materials and containers used for sale of such
products shall be of a sanitary material.
G. To sell crustacea (including shrimp) and shellfish
in New Hanover County, at least one of the following criteria
must be met:
1. Obtain from a certified source.
2. Transport in a vehicle which has a State
certification number clearly visible to the consumer.
3. Obtain a permit from the local Health Depart-
ment.
H. To sell fin fish from a vehicle in New Hanover
County, a permit must be obtained from the local Health Depart-
ment.
SECTION VIII. RIGHT OF ENTRY
Pursuant to authority granted by the General Statutes of
North Carolina, Chapter 130, Section 201, the health authority
shall have the right to enter at all reasonable times and inspect
any seafood establishment, retail outlet or other facilities to
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determine conformity with the regulations, and for the purpose of
investigating a known or suspected source of illegal seafood
operations. Nothing in these regulations shall authorize entry
into a private non-commercial dwelling without consent of the
occupants thereof or a proper warrant for such entry having been
issued by a court of competent jurisdiction.
SECTION IX. RIGHT TO APPEAL
Should any controversy arise regarding the denial or revo-
cation of a permit required by these regulations or should any
action by the health authority pertaining to the enforcement of
these regulations seem unwarranted, the person aggrieved may
appeal to the health authority of New Hanover County for a
hearing. No such hearing shall be held unless a written petition
is filed in the office of the health authority on or before the
10th day following the day on which the action or lack of action
took place which caused the petitioner to be aggrieved. The
written petition requesting the hearing must set out the
grievance or grievances of the petitioner. Within two (2)
working days of receipt of said petition, a hearing shall be held
before three (3) members of the Environmental Health Division of
the New Hanover County Health Department. If said grievances are
not resolved at this hearing and the aggrieved party so requests,
it shall be the duty of the Health Director to communicate the
request for a hearing to the Chairman of the Board of Health
within seven (7) days following receipt of such request by the
17
Chairman. After such hearing, the Board of Health may affirm or
reverse the decision of the Environmental Health Division.
SECTION X.
SEVERABILITY
If any sentences, clauses, paragraphs, subsections or sec-
tions of these regulations shall be adjudged unconstitutional,
invalid and of no effect, such decision shall not affect the
remaining portions of these regulations.
SECTION XI. CRIMINAL PENALTY
If any person shall violate the rules and regulations
promulgated by the New Hanover County Board of Health, he shall
be guilty of a misdemeanor and upon conviction thereof shall be
punished by a fine not to exceed fifty dollars ($50.00) or by
imprisonment for a period not to exceed thirty (30) days as
provided in Article 22, Section 203, Chapter 130 of the General
Statutes of North Carolina.
This ordinance shall be in full force and effect from and
after its adoption.
Adopted this 5th day of January, 1983.
NEW HANOVER COUNTY BOARD OF HEALTH
By:
ATTEST:
&-5);;~
Sectetary
Approved as to form:
Q~
18