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15A NCAC 18A .2650-2676: Food Protection and Sanitation of Food Establishment

The Food Protection Program (FPP) of the Environmental Health Section, NC DHHS/DPH, oversees the food protection rules governing food establishments. The current rules, 15A NCAC 18A .2600, were adopted in 1976 and have been periodically amended to address specific needs. However, changes in consumer consumption patterns, recent emphasis on increased government efficiency, as well as shifts in the national food safety focus necessitate a more fundamental change to North Carolina's retail food protection rules. As a result, the FPP proposes to adopt the U.S. Food and Drug Administration's 2009 Food Code.

The purpose of adopting the Food Code is to replace what has proven to be a labor-intensive and ineffective process of updating North Carolina's food protection rules with a more efficient and effective method. The legislature recognized that need and passed a law (S.L. 2011-394, Section 15(a)) in 2011 that provides the Department with the authority to adopt the 2009 Food Code by reference. The Food Code offers proven scientific reasons behind each rule.

The FPP's adoption of the Food Code has a variety of advantages and has gained support from all stakeholders within the food safety spectrum; industry, consumer groups, academia, regulators, and local, state, and federal agencies. For members of the food service industry, many of which are associated with the national chains, the Food Code brings needed uniformity and consistency with the food safety rules of other states. The Food Code also provides effective means of reducing the risks of foodborne illnesses within food service facilities, thus protecting consumers and industry from potentially devastating health consequences and financial losses. Local, state, and federal agencies and regulators support the adoption of the Food Code because it provides a comprehensive approach to food safety management, superior supporting documents and training, and is consistent with the national integrated food safety management system.

A public hearing was held on April 12, 2012, at 2 p.m. in the Cardinal Room, located at 5605 Six Forks Road, Raleigh, NC 27609 External link.

Proposed Rule: 15A NCAC 18A .2650-2676: Food Protection and Sanitation of Food Establishment
(Notice Date: 03/15/2012)
Fiscal Note: Fiscal Impact of 2009 FDA Food Code Adoption
Federal Certification: N/A
Adopted Rule: N/A

Public Comments

The public comment period was from March 15, 2012 through May 14, 2012. Comments for this rule will not be accepted after May 14, 2012.


15A NCAC 18A Revised From Register Notice

15A NCAC 18A Adopted

Revisions to Fiscal Impact

Additional Links