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
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 noteCurrent 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).