08/01/1984 BOH Minutes
OD99,~
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The New Hanover County Board of Health met on Wednesday, August 1,
1984 at the New Hanover County Health Department.
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Members Present:
Larry Neal, D.D.S., Chairman
Jean Credle, V. Chairman
Donald Blake
Carl Durham
William Grathwol
QRii~tal. Charles Hicks, M. D.
Arnold Sobol, O.D.
James Strickland
Hobart Whaley
Members Absent:
Harley Phillips, D.V.M.
One Vacant position
Others Present:
Robert S. Parker, Secretary to the Board
Mabel Price, Recording Secretary
Dr. Neal, Chairman, called the
called for corrections to the
moved the minutes be approved.
it carried unanimously.
meeting to order at 8:00 A. M. and
July 11, 1984 minutes. Mr. Durham
Mr. Whaley seconded the motion and
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Introduction of New Staff Members
.. . Mr. Parker introduced the following new staff members to the
Board:
Alma Lawson
Rita Katz
Gail McQueen
Community Health Assistant
Social Worker
Family Nurse practioner
Department Focal
Bobby Waters, Public Health Investigator,
work with Sexually Transmitted Diseases
from the Board Members.
gave a report on his
and answered questions
Environmental Committee Report
Statement for Subdivision Plats: The Environmental Committee
presented a statement which they felt should be placed on all
future subdivision plats. The statement is as follows:
"Notwi thstanding New Hanover County approval of this plat, lots
shown on said plat may not receive Health Department approval for
on-si te sewage disposal systems, nor for individual water supply
sys terns" .
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Dr. Sobol moved the statement be
County Commissioners for adoption.
and it carried unanimously.
approved and presented to the
Mr. Durham seconded the motion
00999
Regulations Governing the Operation of Temporary Food and Drink
Stands at Public Festivals in New Hanover County: Copies of these
regulations had been presented to the Board Members for study.
Mr. Grathwol moved the Regulations be adopted. Mr. Durham
seconded the motion and it carried unanimously.
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Animal Control Advisory Committee Report: The Animal Control
Advisory Committee recommended to the Board of Health that cats be
required to wear collars with Rabies Tags attached. They also
recommended that the Animal Control Ordinance be revised to
include this requirement. Mr. Strickland moved these
recommendations from the Animal Control Advisory Committee be
adopted. Mrs. Credle seconded the motion and it carried
unanimously.
Long Range Plan - Board Members Attending City Council Meetings to
Observe: Ron Currie, staff member in charge of carrying out this
phase of the Board of Health I s Long Range Plan, reminded the Board
that attending City Council Meetings as observers was a part of
their Long Range Plan and asked that members attend if at all
possible.
Employee Reco51ni tion Program Dr. Neal reported that the Commi ttee
is recommendlng that the "Super Staff" recognition program be
changed from monthly to quarterly. Dr. Hicks moved this change be
made. Dr. Sobol seconded the motion and it carried unanimously.
Harry Dorsey, Personal Septic System Problem: Mr. Dorsey had
requested to appear before the Board of Health but did not come to
the meeting.
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Mr. and Mrs. Carl Schluter - Septic Tank Permit Concerns: Mr. and
Mrs. Schluter came before the Board expressing their concerns that
their lots #26 and #27 in Wood Haven had not been approved for
septic tank installation. After discussion of their problems with
the Board, it was determined that they would have to wait until
their September 6, 1984 hearing with the Division of Health
Services.
Contract Approvals:
Board for approval:
The following contracts were presented to the
Dr.'s Calloway, Jones & Fulk, PA, Physicians for the
Speech and Hearing Clinic
Dr.'s Calloway, Jones & Fulk, PA, Audiologists for
the Speech and Hearing Clinic
Dr. Frank Reynolds, Medical Consultant and Clinician
in Child Health Clinic
Dr. Laif Lofgren, Clinician in Family Planning Clinic
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Dr. Brent Wright, Clinician in Family Planning Clinic
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STATE OF NORTH CAROLINA,
COUNTY OF NEW HANOVER.
AFFIDAVIT OF PUBLICATION
Before me, a Notary Public in and for aforesaid State and County, came this ?R day of A.Da. 19 114
JACOB BRINSON
. , who being duly sworn, deposes and says that he iCT.ARS AD" MaR
~. the Wilmington Star-News, Inc. and that the advertising of
~TICE OF PROPO~ED ADOPTION
appeared in said publication on the date (or dates) and in the space as specified below'
My commission expires
FEB. 18
W'P'" r., .
DATE SIZE
AUG. 24,25,1984 cols. x lines
cols. x lines
cols. x lines
cols. x lines
Subscribed and sworn to before
me .:rs 28 day of AU~:
'1 MA- Yh W~
, N otar~
Upon reading the foregoing affidavit with the advertisement thereto annexed it is adjudged by the Court that
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"'" said publication was duly and properly made. and that the summons has been duly and legally served on the
~ndant(s).
his
day of
.19_
Clerk of Superior Court
J&B 1121-3
NOTICE OF PROPOSED ADOPTION
OF NEW HANOVER
REGULATIONS GOVERNING TEMPORARY FOOD AND DRINK STANDS
AT PUBLIC FESTIVALS
Proposed rules for Temporary Food and Drink Stands at Public
Festivals will be adopted and effective as of September 5, 1984 by
the New Hanover County Board of Health. These rules will
specifically pertain to general sanitation of foodhandling at
Temporary Food and Drink Stands at Public Festivals held forty-
eight (48) hours or less in New Hanover County. A copy of these
proposed rules can be obtained at the New Hanover County Heal th
Department, Environmental Health Section. Hours for obtaining a
copy of these proposed rules are 8 a.m. to 5 p.m., Monday through
Friday.
New Hanover County Board of Health
Larry K. Neal, Chairman
REGULATIONS
GOVERNING
THE OPERATION OF TEMPORARY FOOD AND DRINK STANDS
AT
PUBLIC FESTIVALS
IN
NEW HANOVER COUNTY, NORTH CAROLINA
NEW HANOVER COUNTY HEALTH DEPARTMENT
WILMINGTON, NORTH CAROLINA
TABLE OF CONTENTS
SECTION I AUTHORIZATION
SECTION II DEFINITIONS
SECTION III PERMITS
SECTION IV PLANS
SECTION V REQUIREMENTS
SECTION VI PENALTIES
SECTION VII APPEALS
SECTION VIII SEVERABILITY
SECTION IV EFFECTIVE DATE
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SECTION I AUTHORIZATION
The New Hanover County Board of Health is authorized under the
provision of Chapter 130A-39(a) and (b) General Statutes of North
Carolina to adopt appropriate regulations governing the operation
of temporary food and drink stands for the protection of the
public health.
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SECTION II DEFINITIONS
(a) Approved means determined by the New Hanover County Health
Department to be in compliance with this regulation. Food
which complies with requirements of the North Carolina
Department of Agriculture or united States Department of
Agriculture and the requirements of this regulation shall be
considered as approved.
(b) Board of Health or Board means the New Hanover County Board
of Health.
(c) 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
a facility in which food or drink is prepared or served.
(d)
Food
.,....-
lee,
sale
means any raw, cooked, or processed edible substance,
beverage, or ingredient used or intended for use or for
in whole or in part for human consumption.
(e) Health Director means the Director of the New Hanover County
Health Department or authorized representative.
(f)
Permit means a written permit
permitting the operation of a
as defined in this regulation.
issued by the Health Director
temporary food and drink stand
(g) Plans means information given to the Health Director prior to
issuance of a permit. It shall consist of but not be limited
to menu and type of structure to be utilized.
(h) potentially hazardous food means any food that consists in
whole or in part of milk or milk products, eggs, meat,
poultry, fish, shellfish, edible crustaceas, or other
ingredients, including synthetic ingredients, in a form
capable of supporting rapid and progressive growth of
infectious or toxigenic microorganisms. The term does not
include clean, whole, uncracked, odor-free, shell eggs, or
foods which have a pH level of 4.6 or below or a water
activity (Aw) value of 0.85 or less.
( i) Publ ic Festival means a periodic season or program of
cultural events or entertainment for the public.
(j)
Sanitarian means a person authorized to represent the
Hanover County Health Director in making inspections
evaluations pursuant to these regulations.
New
and
(k) Temporary food and drink stands means and includes food and
drink service facilities which are restricted as to the food
and drink items prepared and offered for sale to the public
and which are operated for not more than two consecutive
days.
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SECTION III PERMITS
(a)
No person shall operate a temporary food and
within New Hanover County who does not possess
the New Hanover County Health Department.
drink stand
a permit from
(b)
No permit to operate shall be
sani tary survey by a sani tarian
complies with these regulations.
issued to a person until a
shows that the establishment
(c) The sanitarian shall specify on the permit the days and hours
for which the facility is permitted to operate. The permit
will be invalid for operation of the facility thereafter.
(d) A permit issued to one person is not transferable to another
person.
(e) Violation of any of these regulations which could cause an
imminent public health hazard shall be sufficient cause for
revoking the permit. No permit to operate shall be reissued
until the facility has been resurveyed by a sanitarian and
found to comply with these regulations. This resurvey will
be conducted within a reasonable length of time after the
request is made by the operator.
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SECTION IV PLANS
(a) Any individual, association, business, company, corporation
or organization who proposes to operate a temporary food and
drink stand shall notify the Health Director at least ten
(10) days prior to the beginning date of operation.
(b) The individual or responsible person shall provide plans for
review by the Health Director. These shall consist of a
description of the equipment and structure proposed for use
and a menu to include all food and drink items to be offered
for sale to the public.
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SECTION V REQUIREMENTS
within
shall
County for not
the followi ng
Food or drink stands operated
more than two consecutive days
minimum sanitation requirements:
New Hanover
comply wi th
(a) Temporary food or drink stands shall be located in relatively
clean surroundings and kept in a clean and sanitary
condition. They shall be so constructed and arranged that
food, drink, utensils, and equipment will not be exposed to
insects, dust and other contamination. Protection against
flies and other insects shall be provided by screening, or by
effective use of fans. Sawdust, shavings, or equal may be
accepted as satisfactory floors.
(b)
(c)
(d)
Where food
or insects,
as may be
food.
or griddles are exposed to the public or
they shall be protected and exposed only
necessary to permi t handling and serving
to dust
as much
of the
All griddles,
utensils and
maintained in a
warmers, spatulas, refrigerators, and other
equipment, shall be cleaned routinely and
sanitary manner.
Running water
supply shall
be made for
equipment.
pressure shall
safe sani tary
water for the
be provided. The water
quality. Provision shall
washing of utensils and
under
be of a
heating
(e) Facilities shall be provided for employee's handwashing.
These may consist of a pan, soap, and single-use towels.
( f)
(g)
Convenient and approved toilet
for use of employees. Pub I ic
the grounds are acceptable
adequate, and kept clean.
facilities shall
toilet facilities
if reasonably
be provided
provided on
convenient,
Adequate provision shall be made for the
perishable food and drink, and the proper
foods and equipment.
refrigeration of
storage of other
(h) Garbage and refuse shall be collected and stored in standard
water-tight garbage cans provided with tight-fitting lids.
Garbage and refuse shall be removed at least daily and
disposed of in a sanitary manner. Waste water shall be so
disposed of as not to create a nuisance. Each operator shall
keep his immediate premises clean.
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(i) All foods served shall be clean, wholesome, and free from
adulteration. Highly perishable 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 stand.
Hamburgers shall be obtained from an approved market or plant
in patties separated by clean paper, or other wrapping
material, and ready to cook. Wrapped sandwiches shall be
obtained from an approved source. Poultry shall be prepared
for cooking in an approved market or plant. Drinks served
shall be limited to bottled drinks, bottled milk, coffee, or
carbonated beverages from approved dispensing devices. Sugar
served shall be from individual packages or from pour-type
covered containers.
(j) Food prepared by local groups shall be prepared in and
approved kitchen, and such groups shall maintain a record of
the type and origin of such foods. These foods shall be
prepared, transported, and stored in a sanitary manner
protected from contamination and spoilage.
(k) Employees shall wear clean caps or hair nets and coats or
other special dress when on duty.
(1) No person who has a contagious or infectious disease, wound,
or boil shall be allowed to work in the establishment in an
area or capacity in which there is likelihood of transmission
of disease to patrons or to fellow employees.
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SECTION VI PENALTIES
(a)
Any person violating any provision of these regulations,
order pursuant thereto, shall be guilty of a misdemeanor
punishable by a fine not to exceed fifty (50) dollars
imprisonment not to exceed thirty (30) days.
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or
and
or
SECTION VII APPEALS
(a) Any person who wishes to take an appeal concerning the
interpretation and enforcement of rules adopted by the local
Board of Health, provided such appeal is taken within fifteen
(15) days of the challenged action. Notice of appeal shall
be given by filing with the local Health Director. It shall
be the local Health Director's res pons ibili ty to respond in
order to affirm, modify or reverse the challenged action
within (10) days.
(b) Any person who wishes to contest a decision of the local
Health Director under subsection (a) of this section shall
have the right to appeal to the local Board of Health having
jurisdiction. The local Board of Health shall hold a hearing
within fifteen (15) days of the receipt of the notice of
appeal. The board shall give the appellent not less than
five (5) days notice of the date, time and place of the
hearing. Any party may appear in person or by agent or
attorney. In considering appeals, the board shall have
authority to affirm, modify or reverse the challenged action.
(c) Any person who wishes to contest a decision of the local
Board of Health under subsection (b) of this section shall
have the right to appeal to the District Court having
jurisdiction, if such appeal be made within ten (10) days
after the date of the decision by the board.
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SECTION VIII SEVERABILITY
If any section or part of this regulation should be held invalid,
such determination shall not effect the remaining sections or
parts thereof and to that end the provisions of the regulation are
severable.
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SECTION IX EFFECTIVE DATE
These proposed rules and regulations shall be adopted by the New
Hanover County Board of Health and shall be effective as of
September 5, 1984.
Signed:
~ k' HtL.Q,
Chai man
Board of Health n
Signed:rz.~1- ,~
,
Health Director
New Hanover County Health Department
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