AN ACT to modify the rules related to the inspection of establishments that prepare or serve food.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  Definitions. – Reinspections Rule means subsection (h) of 15A NCAC 18A .2661 (Inspections and Reinspections) for purposes of this section and its implementation.

SECTION 1.(b)  Reinspection Rule. – Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Reinspection Rule as provided in subsection (c) of this section.

SECTION 1.(c)  Implementation. – Upon request of the permit holder, or his or her representative, a reinspection shall be made. In the case of a food establishment that requests an inspection for the purpose of raising the alphabetical grade and that holds an unrevoked permit, the regulatory authority shall make an unannounced inspection within five calendar days from the date of the request. If no violations related to priority items or priority foundation items were documented during the most recent inspection of the food establishment, the regulatory authority shall not further lower an alphabetical grade during the pendency of a reinspection for the purpose of raising an alphabetical grade.

SECTION 1.(d)  Additional Rulemaking Authority. – The Commission shall adopt a rule to amend the Reinspections Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1) as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).

SECTION 1.(e)  Sunset. – This section expires when permanent rules adopted as required by subsection (d) of this section become effective.

SECTION 2.(a)  Definitions. – Frequency of Inspections for Risk Category IV Food Service Establishments Rule means the item addressing Risk Category IV Establishments in subdivision (a)(1) of 10A NCAC 46 .0213 (Food, Lodging/Inst. Sanitation/Public Swimming Pools/Spas) for purposes of this section and its implementation.

SECTION 2.(b)  Frequency of Inspections for Risk Category IV Food Service Establishments Rule. – Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Frequency of Inspections for Risk Category IV Establishments Rule as provided in subsection (c) of this section.

SECTION 2.(c)  Implementation. – A local health department shall provide food, lodging, and institutional sanitation and public swimming pools and spas services within the jurisdiction of the local health department. A local health department shall establish, implement, and maintain written policies which shall include the frequency of inspections of food, lodging, and institutional facilities and public swimming pools and spas. At minimum, a Risk Category IV Food Service Establishment shall be inspected once every four months per fiscal year. In addition, a Risk Category IV Food Service Establishment shall undergo an educational visit once per fiscal year. The educational visit shall not result in the issuance of a new grade or grade card. During an educational visit, the local health department shall review all of the following with the permit holder for the establishment:

(1)        Any priority violations that occurred during the three previous inspections of the establishment.

(2)        The public health risk factors identified on the inspection form furnished by the local health department.

(3)        If applicable, any required Hazard Analysis Critical Control Plan.

SECTION 2.(d)  Additional Rulemaking Authority. – The Commission shall adopt a rule to amend the Frequency of Inspections for Risk Category IV Food Service Establishments Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1) as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).

SECTION 2.(e)  Sunset. – This section expires when permanent rules adopted as required by subsection (d) of this section become effective.

SECTION 3.(a)  Definitions. – Calculation of Rate of Compliance Rule means subdivision (a)(5) of 15A NCAC 18A .2901 (Restaurant and Lodging Fee Collection and Inventory Program) for purposes of this section and its implementation.

SECTION 3.(b)  Calculation of Rate of Compliance Rule. – Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Calculation of Rate of Compliance Rule as provided in subsection (c) of this section.

SECTION 3.(c)  Implementation. – Rate of compliance means the number of inspections and educational visits for food and lodging establishments conducted by the local health department during the previous State fiscal year divided by the number of inspections and educational visits mandated to be conducted by the local health department per State fiscal year pursuant to G.S. 130A‑249 and 10A NCAC 46 .0213, not to exceed a value of 1.

SECTION 3.(d)  Additional Rulemaking Authority. – The Commission shall adopt a rule to amend the Calculation of Rate of Compliance Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1) as though 10 or more written objections had been received as provided in G.S. 150B‑21.3(b2).

SECTION 3.(e)  Sunset. – This section expires when permanent rules adopted as required by subsection (d) of this section become effective.

SECTION 4.  This act is effective when it becomes law.