North Carolina § 130A-21 - Embargo.

§ 130A-21. Embargo.

In addition to the authority of the Department of Agriculture and Consumer Services pursuant to G.S. 106-125, the Secretary 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 Health and Human Services pursuant to this 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 Health and Human Services pursuant to this Chapter. Any action under this section shall only be taken by, or after consultation with, Department of Health and Human Services regional environmental health specialists, or the Director of the Division of Public Health or the Director's designee, in programs regulating food and drink pursuant to this 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 Health and Human Services 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 Health and Human Services 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 Health and Human Services regional environmental health specialist, the Director of the Division of Public 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. Recodified as G.S. 106-266.36 by Session Laws 2011-145, s. 13.3(s), effective July 1, 2011. Recodified as G.S. 113-221.4 by Session Laws 2011-145, s. 13.3(ttt), effective July 1, 2011. Nothing in this section is intended to limit the embargo authority of the Department of Agriculture and Consumer Services. The Department of Health and Human Services and the Department of Agriculture and Consumer Services are authorized to enter agreements respecting the duties and responsibilities of each agency in the exercise of their embargo authority. For the purpose of this section, a food or drink is adulterated if the food or drink is deemed adulterated under G.S. 106-129; and food or drink is misbranded if it is deemed misbranded under G.S. 106-130. History (1983, c. 891, s. 2; 1997-261, s. 109; 1997-443, s. 11A.63A; 2006-80, s. 1; 2007-7, s. 1; 2011-145, s. 13.3(s), (vv), (ww), (ttt).) Editor's Note. - Session Laws 2011-145, s. 13.3(s), provides: "G.S. 130A-21(b) is recodified as a new section G.S. 106-266.36 in Article 28 of Chapter 106 of the General Statutes, as recodified by subsection ( l ) of this section, to have the catchline 'Milk embargo.'" Session Laws 2011-145, s. 13.3(ttt), provides: "G.S. 130A-21(c) is recodified as a new section G.S. 113-221.4 in Article 17 of Chapter 113 of the General Statutes to be entitled "Embargo." Session Laws 2011-145, s. 13.3(www), effective July 1, 2011, provides: "The transfers under this section become effective July 1, 2011, and funds transferred shall be net of any changes enacted by this section. Any references in this act to any program, office, section, division, or department that is transferred under this section shall be construed to be consistent with the transfer under this section." Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium." Session Laws 2011-145, s. 32.5, is a severability clause. Effect of Amendments. - Session Laws 2006-80, s. 1, effective December 1, 2006, and applicable to offenses committed on or after that date, rewrote subsection (a). Session Laws 2007-7, s. 1, effective April 4, 2007, in subsection (a), inserted "that is subject to rules adopted by the Commission" in the first sentence, substituted "the Director of the Division of Environmental Health or the Director's designee" for "their superiors" and inserted "or in programs regulating food and drink that are subject to rules adopted by the Commission" in the second sentence, and inserted "the Director of the Division of Environmental Health or the Director's designee, the local health director" in the last sentence. Session Laws 2011-145, s. 13.3(s), (vv), (ww), and (ttt), effective July 1, 2011, in subsection (a), deleted "of Environment and Natural Resources" following "the Secretary" near the beginning, substituted "Department of Health and Human Services" for "Department of Environment and Natural Resources" five times, substituted "Director of the Division of Public Health" for "Director of the Division of Environmental Health" twice, and substituted "Secretary of Health and Human Services" for "Secretary of the Department of Environment and Natural Resources" once; recodified subsection (b) as a new G.S. 106-266.36 in Article 28 of Chapter 106 ; recodified subsection (c) as a new G.S. 113-221.4 ; and, in subsection (d), substituted "Department of Health and Human Services" for "Department of Environment and Natural Resources".