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08/01/1984 BOH Minutes OD99,~ . ~ The New Hanover County Board of Health met on Wednesday, August 1, 1984 at the New Hanover County Health Department. .. . 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 - . 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" . - 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. tIIIIlI - 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. ~ - 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 ~ I I ...." Dr. Brent Wright, Clinician in Family Planning Clinic ,- 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 -- "'" 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 i .....'" 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. 1 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. 2 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. 3 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. 4 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. 5 (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. 6 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. 7 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. 8 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. 9 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 10