NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 783

HOUSE BILL 862

 

 

AN ACT TO CLARIFY THE AUTHORITY OF THE STATE BOARD OF HEALTH TO REGULATE SANITARY ASPECTS OF HARVESTING, PROCESSING, AND HANDLING SHELLFISH AND CRUSTACEA AND TO PROVIDE FOR THE TRANSFER OF CERTAIN PROPERTY AND EMPLOYEES.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Chapter 130 of the General Statutes is amended by redesignating Article 14A as Article 14B and inserting a new Article 14A to read as follows:

"ARTICLE 14A

"Sanitation of Shellfish and Crustacea.

"§ 130-169.01.  Board of Health to Make Regulations Relating to Sanitation of Shellfish and Crustacea. The State Board of Health is authorized to make and enforce regulations concerning the sanitary aspects of the harvesting, processing, and handling of shellfish and Crustacea. In the exercise of its regulatory powers, the State Board of Health may issue and revoke permits, regulate, prohibit, or restrict such activities relating to the sanitation of shellfish and Crustacea as may be necessary, and in addition exercise all other powers granted within this Chapter with regard to dealings in shellfish and Crustacea.

"§ 130-169.02.  Agreements with Other Agencies. Nothing in this Article is intended to deprive the Department of Conservation and Development of its authority to regulate aspects of the harvesting, processing, and handling of shellfish and Crustacea relating to conservation of the fisheries resources of the State. The State Board of Health and the Department of Conservation and Development are authorized to enter into an agreement respecting the duties and responsibilities of each agency as to the harvesting, processing, and handling of shellfish and Crustacea.

"§ 130-169.03.  Construction of Article. The purpose of this Article is to transfer to the State Board of Health authority over shellfish and crustacea sanitation formerly exercised by the Department of Conservation and Development. Nothing in this Article is intended to deprive the State Board of Health of any authority as may elsewhere have been granted as to sanitation generally or as to control of harvesting, processing, and handling of other foods."

Sec. 2.  Upon the effective date of this Act, the property of the Department of Conservation and Development permanently allocated to the existing program of shellfish and Crustacea sanitation is hereby transferred to the State Board of Health for use in implementing the provisions of this Act. Employees of the Department of Conservation and Development engaged in such sanitation program are also transferred to work with the State Board of Health. The property to be transferred includes appropriations, mobile laboratory, laboratory equipment and supplies, and other property of the Department of Conservation and Development purchased for and used in the existing program of shellfish and Crustacea sanitation.

Sec. 3.  In the event of any disagreement concerning the number, amount, or identity of any employees, funds, or property described in Section 2, the Director of Administration is empowered to settle the disagreement and make the allocation as to employees, funds, and property.

Sec. 4.  All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 5.  This Act shall become effective July 1, 1965.

In the General Assembly read three times and ratified, this the 2nd day of June, 1965.