Food Vendor Laws
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Effective October 15, 2001 a new law will require county health departments to regulate food vendors who were previously exempt from regulation if they operated no more than two consecutive days per month. 'This would ordinarily exempt food service at fairs, street festivities, "fall festivals", "spring flings", etc. By tightening the "two days" exemption the legislature seeks to reduce outbreaks of food-related illness in North Carolina. According to 1999 data from the Communicable Disease Section of the N. C. Division of Public Health, 47 percent of documented food-related outbreaks in the state that year was caused by non-regulated food preparation.

The new law specifically reserves the right for non-profit, tax exempt, and political groups to raise funds by selling food. These organizations still qualify for the two day exemption. Non-profit status must be verified by a letter from the IRS or N.C. Department of Revenue specifying such and giving the tax exempt number.

Restaurants are not entitled to use the off-premises once a month exemption. The new law will prohibit non-regulated food preparation and sales from street comers, vehicles, and sales at an unregulated place. The law will not affect individuals who are hired to prepare food on site at private parties or weddings.

Food vendors considering food service to the public should contact the local health department if uncertain of their status or for more information. Individuals are only legal when serving at temporary events with a temporary food establishment permit from the health department. A temporary food establishment means those food or drink establishments which operate for a period of 15 days or less, in connection with a fair, carnival, circus, public exhibition, or other similar gathering. People serving such gatherings as festivals, carnivals, public exhibitions, circuses, etc. will need to apply for a temporary food stand permit at the health department and meet requirements as defined in the sanitation rules. Please share this information with any vendors participating in your gatherings.

Click here for the guidelines for food service at temporary food establishments at Festivals and Special Events.

Click here for temperature guide for food protection.

Click here to read about requirements for Food Service at temporary food establishments at Festivals and Special Event.

Click here for an "Application for a temporary foodservice establishment permit."

Above is the information package from the McDowell County Health Department. Please read all the information.  Complete the application and submit it to:

 

Steve Poteat

Environmental Health

McDowell County Health Department

408 Spaulding Road

Marion, North Carolina 28752

 

Telephone: 828-652-2921

FAX: 828-652-2019

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Last modified: 04/10/2008