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 26^th 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 4^th day of April, 2007