Bill Summary for S 412 (2023-2024)

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Summary date: 

Mar 30 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 412 (Public) Filed Wednesday, March 29, 2023
AN ACT TO MODIFY THE RULES RELATED TO THE INSPECTION OF ESTABLISHMENTS THAT PREPARE OR SERVE FOOD.
Intro. by Burgin, Lazzara, Krawiec.

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Bill summary

Requires the Reinspection Rule (subsection (h) of 15A NCAC 18A .2661 concerning inspections and reinspections of food establishments) to be implemented as follows. Requires a reinspection to be made upon request of the permit holder or the holder's representative. Provides that when a food establishment requests an inspection for the purpose of raising the alphabetical grade and holds an unrevoked permit, the regulatory authority must make an unannounced inspection within five calendar days from the request. Specifies that if no violations related to priority items or priority foundation items were documented during the most recent inspection, then the regulatory authority cannot further lower the alphabetical grade during the pendency of a reinspection for the purpose of raising the grade. Requires adoption of a rule to amend the Reinspections Rule so that it is consistent with the above provisions. Sets out provisions governing the adoption of the rule and the effectiveness of the rule. Expires when permanent rules become effective.

Requires the Frequency of Inspections for Risk Category IV Food Service Establishments Rule [meaning the item addressing Risk Category IV Establishments in subdivision (a)(1) of 10A NCAC 46 .0213 (Food, Lodging/Inst. Sanitation/Public Swimming Pools/Spas)] to be implemented as follows. Requires a local health department to provide food, lodging, and institutional sanitation and public swimming pools and spa services within the jurisdiction of the local health department. Also requires a local health department to establish, implement, and maintain written policies that include the frequency of inspections of food, lodging, and institutional facilities and public swimming pools and spas. Requires a Risk Category IV Food Service Establishment to be inspected at least once every four months per fiscal year. Requires a Risk Category IV Food Service Establishment to undergo an educational visit once per fiscal year, which must not result in issuing a new grade or grade card. Requires the following to be reviewed during an educational visit: (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; and (3) if applicable, any required Hazard Analysis Critical Control Plan. Requires adoption of a rule to amend the Frequency of Inspections for Risk Category IV Food Service Establishments Rule so that it is consistent with the above provisions. Sets out provisions governing the adoption of the rule and the effectiveness of the rule. Expires when permanent rules become effective.

Requires the Calculation of Rate of Compliance Rule [(meaning subdivision (a)(5) of 15A NCAC 18A .2901 (Restaurant and Lodging Fee Collection and Inventory Program)] be implemented as follows. Specifies that "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 GS 130A-249 and 10A NCAC 46 .0213, not to exceed a value of 1. Requires adoption of a rule to amend the Calculation of Rate of Compliance Rule so that it is consistent with the above provisions. Sets out provisions governing the adoption of the rule and the effectiveness of the rule. Expires when permanent rules become effective.