GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2007
SESSION LAW 2007-7
HOUSE BILL 124
AN ACT to amend the embargo authority of the secretary of environment and natural resources and local health directors.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 130A-21(a) reads as rewritten:
"(a) In addition to the
authority of the Department of Agriculture and Consumer Services pursuant to
G.S. 106-125, the Secretary of Environment and Natural Resources or a
local health director has authority to exercise embargo authority concerning
food or drink pursuant to G.S. 106-125(a), (b) and (c) when the food
or drink is in an establishment that is subject to regulation by the Department
of Environment and Natural Resources pursuant to this Chapter Chapter,
that is subject to rules adopted by the Commission, or that is the subject
of an investigation pursuant to G.S. 130A-144; however, no such action
shall be taken in any establishment or part of an establishment that is under
inspection or otherwise regulated by the Department of Agriculture and Consumer
Services or the United States Department of Agriculture other than the part of
the establishment that is subject to regulation by the Department of Environment
and Natural Resources pursuant to this Chapter. Any action under this section
shall only be taken by, or after consultation with, Department of Environment
and Natural Resources regional environmental health specialists, or their
superiors,the Director of the Division of Environmental Health or the
Director's designee, in programs regulating food and drink pursuant to this
Chapter.Chapter or in programs regulating food and drink that are
subject to rules adopted by the Commission. Authority under this section
shall not be delegated to individual environmental health specialists in local
health departments otherwise authorized and carrying out laws and rules
pursuant to G.S. 130A-4. When any action is taken pursuant to this
section, the Department of Environment and Natural Resources or the local
health director shall immediately notify the Department of Agriculture and
Consumer Services. For the purposes of this subsection, all duties and
procedures in G.S. 106-125 shall be carried out by the Secretary of the
Department of Environment and Natural Resources or the local health director
and shall not be required to be carried out by the Department of Agriculture
and Consumer Services. It shall be unlawful for any person to remove or dispose
of the food or drink by sale or otherwise without the permission of a
Department of Environment and Natural Resources regional environmental health specialist
specialist, the Director of the Division of Environmental Health or the
Director's designee, the local health director, or a duly authorized agent
of the Department of Agriculture and Consumer Services, or by the court in
accordance with the provisions of G.S. 106-125."
SECTION 2. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 26th day of March, 2007.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 2:46 p.m. this 4th day of April, 2007