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Ex. DUT-NC-011 Standing duty Primary source read

N.C. Gen. Stat. sec. 130A-248 (Regulation of food and lodging establishments)

Regulation of food and lodging establishments: Commission sanitation rules; no operation without a permit; permit conditioned on compliance with the rules; suspension and revocation

General Assembly of North Carolina · North Carolina (State)

The COVID Project

The record

Jurisdiction
North Carolina
Level
State
Authority
G.S. ch. 130A, Article 8 (Sanitation), Part 6 (Regulation of Food and Lodging Facilities)
Effective
standing throughout 2020-2021
End
standing (read as 2021-09-30)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureStanding dutyOperating condition
Addressees
  • specified businesses: establishments that prepare or serve food or drink for pay, meat and poultry processors, hotels, motels, bed and breakfasts and other lodging for pay
Character
sanitary code duty
Collection
Standing duties: North Carolina DUT-NC

Operative words

(b) No establishment shall commence or continue operation without a permit or transitional permit issued by the Department.... A permit shall be issued only when the establishment satisfies all of the requirements of the rules.... A permit or transitional permit may otherwise be suspended or revoked in accordance with G.S. 130A-23.

Penalty

Permit suspension or revocation (G.S. 130A-23); misdemeanor (G.S. 130A-25(a)); injunction (G.S. 130A-18)

What it required

Every restaurant, food establishment and lodging establishment operates only under a health-department permit that is conditioned on satisfying all of the Commission for Public Health's sanitation rules (including the Food Code incorporated by 15A NCAC 18A.2650, Ex. DUT-NC-013), and the permit may be suspended or revoked for violation under G.S. 130A-23 (Ex. DUT-NC-002).

Retrieval note

Current text; the quoted permit language of subsec. (b) dates from 1983 and was not changed by the 2020 or 2022 amendments (which concern food stands, pushcarts and limited food service establishments). The Secretary's abatement orders of Mar. 17 and May 4, 2020 on restaurant seating areas proceeded under G.S. 130A-20 rather than by permit action (index row NC-067; Exs. NC-003, NC-010).