*****NEW 2017 Food Code for Food Service Establishments*****
Effective October 1st, 2021 North Carolina has adopted and implemented the new 2017 Food Code as our food protection rules. This will replace the use of the 2009 Food Code that was previously used. The new 2017 Food Code Manual, a summary of changes and new required policies and plans can be found in the links below:
Ensuring proper sanitation in food service establishments is important to public health and the prevention of food-borne illness. The Food and Lodging section enforces the state rules in the permitting and inspections of food handling establishments. The frequency of inspections varies for each establishment depending on the risk factors and how food is processed in the facility. Establishments can be inspected one to four times a year depending on this risk-based inspection category.
There are five major risk factors in prevention of a food-borne illness:
The types of food service facilities inspected by this department include:
All food service establishments must have a valid permit from this office in order to operate. Prior to the construction of a new establishment, plans must be submitted and approved by the Environmental Health Office and other regulatory agencies, such as Building Inspections. An existing permit is not transferable from one owner to another. When an establishment changes ownership, our office must be contacted to conduct an evaluation of the establishment prior to opening in order for a transitional permit to be issued to the new owner. The transitional permit allows the new operator 180 days to repair all non-compliant items found during the initial evaluation.
Limited Food Service Establishments are those that prepare or serve food in conjunction with amateur athletic events or lodging establishments that only serve precooked items for the breakfast meal.
All food vendors wishing to sell potentially hazardous foods at an event in Johnston County must complete an application and return it to our office with the required fee at a minimum of 15 days prior to the date of operation. The event sponsor must also notify the department prior to the event and complete all necessary forms from this office. Forms must be submitted to this office at least 15 days prior to the event date.
Not all food vendors need a permit. Vendors who sell foods that are not considered potentially hazardous may not require a permit from this office in order to operate. Foods that do not require a permit include:
The above-listed foods may be regulated by the North Carolina Department of Agriculture. The NC Department of Agriculture can be contacted directly at (919) 733-7366.
Organizations that are "bona-fide" not-for-profit can claim a two-day exemption from having to receive a permit. The two-day exemption can only be used once per month for two consecutive days. Non-profit vendors must submit documentation to this office showing their non-profit status.
A mobile food unit is a fully enclosed food service establishment that is vehicle-mounted and readily moved, simply stated as a restaurant on wheels. A pushcart is a small, unenclosed mobile piece of equipment that is designed to serve hot dogs only. Both types of units are required to be permitted through this office and shall operate in conjunction with a permitted restaurant or commissary. The owner or operator of the restaurant or commissary must complete the required Agreement form from this office.
All requirements for push carts and mobile food units are found in the Rules Governing the Sanitation of Food Service Establishments, sections .2638 to .2640.
All units are required to have a potable water system with hot and cold running water under pressure. Units must have a sewage storage tank that is 15 percent larger than the water supply tank. At least a single-compartment sink with integral drain boards on each side of the sink shall be provided for utensil washing, a separate lavatory is also required for hand washing. Depending on the type or volume of foods prepared on the unit, a sink for vegetable or meat preparation may also be required. Units must have mechanical refrigeration capable of keeping all potentially hazardous foods at 45 degrees F or below. All equipment such as sinks, refrigeration, cooking, and hot-holding equipment shall meet the NSF/ANSI sanitation standard.
A push cart must be constructed to meet the provisions of 15A NCAC 18A .2600 and NSF/ANSI standard 59. If the push cart is not NSF, the manufacturer or owner must submit documentation that demonstrates it is constructed to meet the equivalency of the NSF/ANSI standard. These forms can be found in the links below. Only hot dogs and similar types of products can be prepared, handled, or served from a push cart. All foods and utensils on the cart must be protected by an enclosure at all times to protect them from contamination. View the links below for the design guidelines and applications for push carts.
Page last updated: August 25, 2022