Chapter 15A NCAC 18A

15A NCAC 18A .2671 SPECIFIC REQUIREMENTS FOR PUSHCARTS (a) Only hot dogs shall be prepared, handled, or served from a pushcart; however, food which has been prepared, pre-portioned, and individually pre-wrapped at a food establishment or commissary may be served from a pushcart. …

15A NCAC 18A .2672 SPECIFIC REQUIREMENTS FOR MOBILE FOOD UNITS (a) A mobile food unit shall be constructed and arranged so that food, drink, utensils, and equipment will not be exposed to insects, dust, and other contamination. Protection against flies and other insects shall be …

15A NCAC 18A .2673 CONGREGATE NUTRITION SITES Congregate nutrition sites shall comply with all requirements in Rules .2650 through .2662 of this Section with the following exceptions: (1) Food preparation in a congregate nutrition site shall be limited to reheating food prepared …

15A NCAC 18A .2674 LIMITED FOOD SERVICES ESTABLISHMENTS Limited food services establishments shall comply with all the requirements in Rules .2650 through .2662 of this Section, except as follows: (1) The permit for a limited food services establishment shall be posted in accorda…

15A NCAC 18A .2675 PROCEDURE WHEN INFECTION SUSPECTED When the regulatory authority has reason to suspect the possibility of exposure to, or transmission of, infection within a food establishment from any person or from any food or drink, the local health director shall act in ac…

15A NCAC 18A .2676 INFORMAL REVIEW PROCESS AND APPEALS PROCEDURE (a) If a permit holder disagrees with a decision of the local health department on the interpretation, application, or enforcement of the rules of this Section the permit holder may: (1) Request an informal review p…

SECTION .2800 - SANITATION OF CHILD CARE CENTERS 15A NCAC 18A .2801 DEFINITIONS The following definitions shall apply throughout this Section: (1) "Adequate" means to be of the size, volume, or technical specifications necessary to effectively accommodate and support the planned,…

15A NCAC 18A .2802 APPROVAL OF CONSTRUCTION AND RENOVATION PLANS (a) Construction plans drawn to scale and specifications for a new child care center that is not a chain or franchise child care center shall be submitted by the operator or the operator's designee to the local heal…

15A NCAC 18A .2803 HANDWASHING (a) Child care center employees shall wash their hands as follows when at work in a child care center: (1) upon reporting for work at the child care center: (2) before and after handling or preparing food; (3) before bottle feeding a child; (4) befo…

15A NCAC 18A .2804 FOOD SUPPLIES (a) In child care centers, food shall be kept free from spoilage, filth, or other contamination and shall be safe for human consumption. Potentially hazardous foods, including foods packaged in hermetically sealed containers, shall be obtained onl…

15A NCAC 18A .2805 FOOD PROTECTION History Note: Authority G.S. 110-91; Eff. July 1, 1991; Repealed Eff. January 1, 2006.

15A ncac 18A .2806 FOOD STORAGE AND PROTECTION (a) Once pre-packaged food has been opened, the food shall be stored in clean, resealable bags or containers made of plastic or glass that are tightly covered and manufactured for the purpose of food storage. (b) Food that is stored …

15A NCAC 18A .2807 FOOD PREPARATION (a) In child care centers, the preparation of food shall take place only in the kitchen or space equipped as required in Rule .2810 of this Section. (b) Employees engaged in food preparation in the kitchen shall wear clean clothes and hair rest…

15A NCAC 18A .2808 FOOD SERVICE (a) In child care centers, milk and milk products used for drinking purposes shall be stored in the original commercially filled container until the milk or milk product is served for drinking. Unused milk and milk products that are transferred fro…

15A NCAC 18A .2809 FOOD SERVICE EQUIPMENT AND UTENSILS In child care centers, material, construction, and use of food service equipment and utensils shall meet the following requirements: (1) Utensils shall be made of nonabsorbent material that is free from hazards, finished to h…

15A NCAC 18A .2810 SPECIFICATIONS FOR KITCHENS, FOOD PREPARATION AREAS AND FOOD SERVICE AREAS (a) Each child care center shall have at least a two-compartment sink, drainboards or countertop space of adequate size, adequate refrigeration equipment and, when needed, adequate cooki…

15A NCAC 18A .2811 Cleaning and sanitizing of equipment and utensils History Note: Authority G.S. 110-91; Eff. July 1, 1991; Repealed Eff. January 1, 2006.

15A NCAC 18A .2812 cleaning, sanitIzing, and disinfecting equipment, utensils, and other areas (a) Each child care center shall be equipped with adequate drainboards or countertop space for handling used utensils and air drying clean and sanitized utensils. For child care centers…

15A NCAC 18A .2813 mechanical cleaning and sanitizing History Note: Authority G.S. 110-91; Eff. July 1, 1991; Amended Eff. Feburary 1, 1995; Temporary Amendment Eff. April 15, 1998; Amended Eff. April 1, 1991; Repealed Eff. January 1, 2006.

15A NCAC 18A .2814 FOOD SERVICE EQUIPMENT AND UTENSIL STORAGE (a) In child care centers, food-contact surfaces, equipment, utensils, and single service articles shall be protected from contamination. (b) Cleaned and sanitized utensils and equipment shall be stored above the floor…

15A NCAC 18A .2815 WATER SUPPLY (a) A child care center's water supply shall meet the requirements of 15A NCAC 18C or 15A NCAC 18A .1700, as applicable. The operator of a child care center using a groundwater supply that serves 25 or more people shall provide the local health dep…

15A NCAC 18A .2816 lead poisoning hazards in Child care centers (a) In child care centers, areas accessible to children shall be free of identified lead poisoning hazards as defined under G.S. 130A-131.7(7). (b) The following actions shall be taken to ensure that drinking water i…

15A NCAC 18A .2817 TOILETS (a) In child care centers, toilet tissue paper shall be provided in each toilet room and stored in a clean, dry place. The toilet room shall include or be adjacent to a handwash lavatory. Storage in toilet rooms shall be limited to toileting and diaperi…

15A NCAC 18A .2818 LAVATORIES (a) In child care centers, lavatories shall be kept clean and in good repair and shall not be used for storage. Lavatories shall be mounted at an appropriate height to accommodate children or otherwise made accessible to children. Water from a handwa…

15A NCAC 18A .2819 DIAPERING AND DIAPER CHANGING FACILITIES (a) In child care centers, children in diapers shall be changed at stations designated for diapering or toileting. Each diaper changing station shall include a handwash lavatory. For child care centers licensed for fewer…

15A NCAC 18A .2820 STORAGE (a) In child care centers, adequate space shall be provided for the storage of equipment, furniture, toys, clothes, linens, backpacks, book bags, diaper bags, beds, cots, mats, and supplies. Storage areas shall be kept clean. Laundry that is not clean s…

15A NCAC 18A .2821 BEDS, COTS, MATS, AND LINENS (a) In child care centers, beds, cribs, cots, mats, and play pens shall be kept clean and in good repair, stored to prevent contamination, and cleaned and sanitized between users. (b) Cribs and play pens used for sleeping shall be k…

15A NCAC 18A .2822 toys, equipment and FURNITURE (a) Toys, equipment, and furniture provided by a child care center shall be kept clean and in good repair. In rooms designated for children who are not toilet trained, toys and other mouth-contact surfaces that are used by children…

15A NCAC 18A .2823 PERSONNEL (a) In child care centers, employees shall wear clean clothing while at work. Employees shall keep their fingernails clean. (b) Tobacco use in any form is prohibited in any part of a child care center. (c) Volunteer personnel shall adhere to the same …

15A NCAC 18A .2824 FLOORS (a) In child care centers, floors and floor coverings in food preparation, food storage, utensil washing, toilet rooms, and laundry areas shall be constructed of nonabsorbent material and shall be kept clean and in good repair. (b) Floors and floor cover…

15A NCAC 18A .2825 WALLS AND CEILINGS (a) In child care centers, the walls and ceilings, including doors and windows, of all rooms and areas shall be kept clean, free of visible fungal growth, and in good repair. All walls and ceilings shall be free of peeling, flaking, chalking,…

15A NCAC 18A .2826 LIGHTING AND THERMAL ENVIRONMENT (a) In child care centers, all rooms and enclosed areas shall be lighted by natural or artificial light. Lighting shall be capable of illumination to at least 50 foot-candles at work surfaces. Lighting shall be capable of illumi…

15A NCAC 18A .2827 COMMUNICABLE DISEASES AND CONDITIONS (a) In child care centers, a child who becomes ill to the extent that the child can no longer participate in routine group activities shall be separated from the other children until the child leaves the child care center an…

15A NCAC 18A .2828 handwashing History Note: Authority G.S. 110-91; Eff. July 1, 1991; Amended Eff. April 1, 1999; February 1, 1995; Repealed Eff. January 1, 2006. (See Rule .2803).

15A NCAC 18A .2829 WASTEWATER In child care centers, all wastewater originating from the child care center shall be disposed of using a publicly-operated sewage treatment system or an individual sewage disposal system that meets the requirements of the rules at Section .1900 of t…

15A NCAC 18A .2830 SOLID WASTES (a) In child care centers, food scraps and other putrescible materials shall be placed in a plastic-lined, cleanable, covered container and removed to an exterior garbage area daily. Scrap paper, cardboard boxes, and other recyclable items shall be…

15A NCAC 18A .2831 ANIMAL AND VERMIN CONTROL (a) Animals that are not contained in a cage or restrained on a leash, except those used in supervised activities or pet therapy programs, shall not be allowed in a child care center, including the outdoor learning environment. When an…

15A NCAC 18A .2832 OUTDOOR learning environment and premises (a) Child care center premises, including the outdoor learning environment, shall be kept clean, drained to minimize standing water, free of litter and hazards, and maintained in a manner which does not create condition…

15A NCAC 18A .2833 SWIMMING AND WADING POOLS (a) At child care centers, swimming and wading pools shall be designed, constructed, operated, and maintained in accordance with the rules in Section .2500 of this Subchapter. (b) Portable wading pools, natural bodies of water, and unf…

15A NCAC 18A .2834 COMPLIANCE, INSPECTIONS AND REPORTS (a) Upon receipt of a request from a child care center operator or the licensing agency, a sanitation inspection shall be conducted of that child care center by the local health department that serves the county in which the …

15A NCAC 18A .2835 APPEALS PROCEDURE Appeals concerning the enforcement of the Child Care Sanitation Rules in this Section as adopted by the Commission for Public Health shall be governed by G.S. 110-94 and G.S. 150B. History Note: Authority G.S. 110-91; Eff. July 1, 1991; Amende…

15A NCAC 18A .2836 MILDLY sick CHILDREN Child care centers that are licensed by the licensing agency to offer care to mildly sick children pursuant to 10A NCAC 09 .2404 shall comply with all rules in this Section except as follows: (1) Prior to operating a program for mildly sick…

SECTION .2900 - RESTAURANT AND LODGING FEE COLLECTION AND INVENTORY PROGRAM 15A NCAC 18A .2901 DISBURSEMENT OF FUNDS (a) For the purposes of this Rule, the following definitions shall apply: (1) "Department" means the North Carolina Department of Health and Human Services. (2) "D…

SECTION .3100 - CHILDHOOD LEAD POISONING PREVENTION PROGRAM 15A NCAC 18A .3101 DEFINITIONS The following definitions shall apply throughout this Section: (1) "Child-occupied facility" means as defined at G.S. 130A-131.7(2). (2) "Department" means the North Carolina Department of …

15A NCAC 18A .3102 PERSISTENT ELEVATED BLOOD LEAD LEVEL History Note: Authority G.S. 130A-131.5; 130A-131.7; 130A-131.8; 130A-131.9A-G; Eff. October 1, 1990; Transferred and Recodified from 15A NCAC 19I .0102 Eff. August 28, 1991; Transferred and Recodified from 15A NCAC 21E .040…

15A NCAC 18A .3103 EXAMINATION AND TESTING (a) When the Department learns of a lead poisoning hazard in a residential housing unit or a child-occupied facility, the Department shall notify the parents of all children less than six years old who reside in, regularly visit, or atte…

15A NCAC 18A .3104 INVESTIGATION TO IDENTIFY LEAD POISONING HAZARDS (a) The Department shall conduct an investigation when it reasonably suspects that a lead poisoning hazard to children exists. Reasonable suspicion of a lead poisoning hazard to children may be based on the prese…

15A NCAC 18A .3105 LEAD POISONING HAZARD AND CLEARANCE STANDARD FOR SOIL (a) Bare soil at a residential housing unit or a child-occupied facility is a lead poisoning hazard when: (1) it contains greater than 400 parts per million lead in high contact areas for children; or (2) ex…

15A NCAC 18A .3106 ABATEMENT AND REMEDIATION (a) Notwithstanding the existence of a certificate of compliance, the Department may require abatement of lead-based paint hazards and remediation of other lead poisoning hazards identified at a residential housing unit that is occupie…

15A NCAC 18A .3107 MAINTENANCE STANDARD The following shall apply to property owners and managing agents of pre-1978 residential housing units implementing the maintenance standard set forth in Rule .3106(b) of this Section: (1) Property owners and managing agents shall use safe …