LAW 
RULES AND REGULATIONS 
AND CODE 
GOVERNING THE SANITATION 
OF 
RESTAURANTS 
AND OTHER 
FOOD HANDLING ESTABLISHMENTS 
PREPARED BY THE 
NORTH CAROLINA STATE BOARD OF HEALTH 
1941 AN ACT TO PROMOTE THE SANITATION OF HOTELS, 
CAFES, RESTAURANTS, TOURIST HOMES, TOURIST 
CAMPS, SUMMER CAMPS, AND ALL OTHER ESTABLISH- 
MENTS PROVIDING FOOD AND LODGING TO THE 
PUBLIC FOR PAY. 
Chapter 309, Public Laws of 1941. 
The General Assembly of North Carolina do enact: 
SECTION 1. For the better protection of the public health, 
the State Board of Health is hereby authorized, empowered, and 
directed to prepare and enforce rules and regulations governing 
the sanitation of hotels, cafes, restaurants, tourist homes, tourist 
camps, summer camps, lunch and drink stands, sandwich manu- 
facturing establishments, and all other establishments where 
food is prepared, handled, and served to the public at wholesale 
or retail for pay, or where transient guests are served food or 
provided with lodging for pay. The State Board of Health is 
also authorized, empowered, and directed to prepare a system of 
grading all such places, and no such establishment shall operate 
which receives a grade less than C. 
SECTION 2. The officers, sanitarians or agents of the State 
Board of Health are hereby empowered and authorized to fenter 
any hotel, cafe, restaurant, tourist home, tourist camp, summer 
camp, lunch and drink stand, sandwich manufacturing establish- 
ment, and all other establishments where food is prepared, 
handled or served to the public at wholesale or retail for pay, or 
where transient guests are served food or provided lodging for 
pay, for the purpose of making inspections, and it is hereby made 
the duty of every person responsible for the management or 
control of such hotel, cafe, restaurant, tourist home, tourist camp, 
summer camp, lunch and drink stand, sandwich manufacturing 
establishment, or other establishment to afford free access to 
every part of such establishment, and to render all aid and 
assistance necessary to enable the sanitarians or agents of the 
State Board of Health to make a full, thorough, and complete 
examination thereof, but the privacy of no person shall be vio- 
lated without his or her consent. It shall be the duty of the 
sanitarian or agent of the State Board of Health to leave with 
the management, or person in charge at the time of the inspec- 
tion, a copy of his inspection and a grade card showing the grade 
of such place, and it shall be the duty of the management, or 
person in charge, to post said card in a conspicuous place where 
it may be readily observed by the public. Such grade card shall 
3 not be removed by anyone, except an authorized sanitarian or 
agent of the State Board of Health, or upon his instruction. 
SECTION 3. Any owner, manager, agent, or person in charge 
of a hotel, cafe, restaurant, tourist home, tourist camp, summer 
camp, lunch and drink stand, sandwich manufacturing establish- 
ment, or any other establishment where food is prepared, handled, 
or served to the public at wholesale or retail for pay, or where 
transient guests are served food or provided with lodging for 
pay, or any other person who shall willfully obstruct, hinder, or 
interfere with a sanitarian, agent, or officer of the State Board 
of Health in the proper discharge of his duty, or who shall be 
found guilty of violating any of the other provisions of this Act, 
or any of the rules and regulations that may be provided under 
this Act, shall be guilty of a misdemeanor, and upon conviction 
shall be fined not less than ten ($10.00) dollars, nor more than 
fifty ($50.00) dollars, or imprisoned for not more than thirty 
days, and each day that he shall fail to comply with this Act, or 
operate a place with a rating of less than a grade of C shall be 
a separate offense. 
SECTION 4. All laws and clauses of laws in conflict with this 
Act are hereby repealed. 
SECTION 5. This Act shall be in full force from and after its 
ratification. Ratified this 15th day of March, 1941. For the purpose of carrying out the requirements of Chapter 
309, Public Laws of 1941, the State Board of Health has pre- 
pared and adopted the following: 
RULES AND REGULATIONS DEFINING RESTAURANT, ITIN- 
ERANT RESTAURANT, EMPLOYEE, HEALTH OFFICER, 
ETC., REQUIRING PERMITS FOR THE OPERATION OF 
SUCH ESTABLISHMENTS, REGULATING THE INSPEC- 
TION, GRADING, AND PLACARDING OF SUCH ESTAB- 
LISHMENTS, AND THE ENFORCEMENT AND INTERPRE- 
TATION OF THESE RULES AND REGULATIONS. 
SECTION 1. Definitions. The following definitions shall 
apply in the interpretation and enforcement of these rules and 
regulations: 
A. Restaurant. The term “restaurant” shall mean res- 
taurant, coffee shop, cafeteria, short order cafe, luncheonette, 
tavern, sandwich stand, soda fountain, drink stand, and all other 
public eating establishments where food is prepared, handled, 
and served to the public at wholesale or retail for pay, as well as 
kitchens and other places in which food is handled or prepared 
for sale elsewhere to the public. 
B. Itinerant Restaurant. The term “itinerant restaurant” 
shall mean one operating for a temporary period in connection 
with a fair, carnival, circus, public exhibition, or other similar 
gathering. 
C. Employee. The term “employee” shall mean any person 
who handles food or drink during preparation or serving, or who 
comes in contact with any eating or cooking utensils, or who is 
employed at any time in a room in which food or drink is pre- 
pared or served. 
D. Eating and Cooking Utensils. “Eating and cooking uten- 
sils” shall include any kitchenware, tableware, glassware, cutlery, 
utensils, containers, or other equipment with which food or drink 
comes in contact during storage, preparation, or serving. 
E. State Board of Health. The term “State Board of 
Health” shall mean the State Health Officer, or his authorized 
representatives. 
F. Inspector. The term “inspector” shall mean any author- 
ized representative of the State Board of Health. 
G. Person. The word “person” shall mean person, firm, 
corporation, or association. SECTION 2. Permits. No person shall operate a restaurant 
within the state of North Carolina who does not possess an un- 
revoked permit from the State Board of Health. No permits to 
operate shall be issued until a sanitary inspection by a repre- 
sentative of the State Board of Health shows that the restaurant 
complies with these rules and regulations. Application for such 
inspections shall be made in writing by the person submitting 
the application. All permits shall be posted in a conspicuous 
place in the restaurant. 
Violations of any of these rules and regulations, or failure to 
receive a sanitary rating of at least 70%, or Grade C, shall be 
sufficient cause for revoking the permit. No permit to operate 
shall be issued or re-issued until the restaurant has been in- 
spected or reinspected, and approved by a representative of the 
State Board of Health, 
SECTION 3. Placarding or Public Display of Grade Notice. 
Every restaurant shall display the grade card given by the in- 
spector at the time of the inspection. This grade card shall be 
displayed at all times in a conspicuous place approved by the 
inspector. 
SECTION 4. Re-inspections. When more than one inspection 
of a restaurant is made in any one year, the State Board of 
Health shall issue a new grade card, and upon the receipt of the 
new grade card, the proprietor or manager of the restaurant 
shall remove and destroy the grade card previously issued, and 
replace it with the later grade card. Upon written request on the 
part of the management, a re-inspection may be made, provided 
that when a restaurant receives a rating of 70%, or more, 
(Grade C) a visit for consultation or advice may be made by a 
representative of the State Board of Health at any time, but a 
re-inspection for the purpose of raising the grade shall not be 
made within 30 days. In the case of restaurants that are closed, 
or have a rating of less than 70%, an examination or a survey 
shall be made upon written request of the proprietor or manager 
of the restaurant at the earliest convenience of the inspector to 
consider the issuance or re-issuance of a permit, but no inspection 
shall be made for the purpose of establishing a grade for any 
restaurant until and unless the restaurant shall have been in 
operation for at least two weeks. 
SECTION 5. Publishing Grades. At least twice annually, or 
whenever a survey of restaurants has been completed, the grades 
shall be published. 
SECTION 6. Grading of Restaurants. The sanitation of all 
restaurants shall be based on a system of grading wherein all 
restaurants receiving a rating of at least 90%, or more, shall be awarded Grade A; all restaurants receiving a rating of at least 
80%, and less than 90%, shall be awarded Grade B, and all res- 
taurants receiving a rating of at least 70%, and less than 80%, 
shall be awarded Grade C, and no restaurant receiving a rating 
of less than 70%, or Grade C, shall operate. The rating and 
grading of all restaurants shall be based upon the following 
standards of construction and operation: 
Item 1. Floors. The floors of all rooms in which food is 
stored, prepared, or served, or in which utensils are washed, shall 
be of such construction as to be easily cleaned, shall be smooth, 
and shall be kept clean and in good repair. 
Item 2. Walls and Ceilings. Walls and ceilings of all rooms 
in which food is stored, prepared, or served shall be kept clean 
and in good repair. All walls and ceilings of rooms in which 
food is stored or prepared shall be finished in light color. The 
walls of all rooms in which food is prepared or utensils are 
washed shall have a smooth, washable surface. 
Item 3. Doors and Windows. When flies are prevalent, all 
openings into the outer air shall be effectively screened and 
doors shall be self-closing, unless other effective means are pro- 
vided to prevent the entrance of flies. 
Item 4. Lighting. All rooms in which food is stored, pre- 
pared, or served, and in which utensils are washed, shall be well 
lighted. 
Item 5. Ventilation. All rooms in which food is stored, pre- 
pared, or served, and in which utensils are washed, shall be well 
ventilated. 
Item 6. Toilet Facilities. Every restaurant shall be pro- 
vided with adequate toilet facilities conveniently located, readily 
accessible at all business hours, and conforming with the North 
Carolina Building Code. In restaurants hereafter constructed, 
toilet rooms shall not open directly into any kitchen, or pantry, 
or into any room in which utensils are washed or stored. The 
area of intervening rooms shall be not less than 18 square feet, 
and those rooms shall be constructed and maintained in a manner 
comparable to the toilet rooms. The doors of all toilet rooms 
shall be self-closing. Toilet rooms and fixtures shall be kept in 
a clean condition, in good repair, and the rooms well lighted and 
ventilated. Hand-washing signs shall be posted in each toilet 
room used by employees. Where a water-carried sewerage sys- 
tem is not available, sanitary privies constructed and maintained 
in accordance with the requirements of the State Board of Health 
will be acceptable. Item 7. Water Supply. The water supply shall be easily 
accessible to all rooms in which food is prepared or utensils are 
washed, and shall be adequate, and of a safe, sanitary quality. 
Hot and cold running water shall be provided for the washing of 
utensils. 
Item 8. Drinking Water Facilities. Facilities for the dis- 
pensing of drinking water shall be of a design approved by the 
State Board of Health. If water-cooling equipment is installed, 
it shall be of a type in which ice does not come in contact with 
the water. Common dippers or common drinking glasses or cups 
shall not be used. 
Item 9. Storage, Handling, and Use of Ice. Ice which is to 
be used in fountain drinks, iced water, tea, and coffee, or in con- 
nection with the chilling or serving of salads, vegetables, or 
cocktails shall be stored and handled in a sanitary manner. 
Item 10. Lavatory Facilities. Adequate and convenient 
hand-washing facilities, including warm water, soap, and ap- 
proved sanitary towels shall be provided. No employee shall 
resume work after using the toilet room without first washing 
his hands. 
Item 11. Construction of Utensils and Equipment. All eat- 
ing and cooking utensils and all show and display cases or 
windows, counters, shelves, tables, refrigerating equipment, 
sinks, and other equipment or utensils used in connection with 
the operation of a restaurant shall be so constructed as to be 
easily cleaned, and shall be kept in good repair. 
Item 12. Cupboards and Other Storage Spaces. Cupboards 
and other storage spaces shall be kept clean, and free from 
offensive or musty odors. The contents shall be neatly arranged. 
Item 13. Cleaning and Bactericidal Treatment of Equipment 
and Utensils. All equipment, including display cases or win- 
dows, counters, shelves, tables, refrigerators, stoves, hoods, and 
sinks shall be kept clean and free from dust, dirt, insects, and 
other contaminating material. All cloths used by waiters, chefs, 
and other employees shall be clean. Single service containers 
shall be used only once. 
All dishes, knives, forks, spoons, drinking glasses, cups, and 
other eating and drinking utensils shall be thoroughly washed 
and subjected to an approved bactericidal process after each 
usage. All multi-use utensils, such as mixing bowls, cream 
pumps, stock pots, and other utensils used in the preparation, 
cooking, or serving of food and drink shall be thoroughly cleaned 
and subjected to an approved bactericidal process immediately after the day’s operations. Drying cloths, if used, shall be kept 
clean, and shall be used for no other purpose. 
The means of dishwashing shall consist of an approved dish- 
washing machine, or a double vat sink of impervious material 
connected directly to the city sewer, or other approved sewer, in 
accordance with the North Carolina Building Code. Drain boards 
of sufficient size to adequately accommodate the dishes shall be 
provided at each end of the sink, or dishwashing machine. An ap- 
proved means of heating an ample supply of running water shall 
be installed, and connections shall be made so that each vat may 
receive hot and cold water service. Where single service utensils 
are used exclusively, a one-compartment sink may be accepted. 
Item 14. Storage and Handling of Utensils and Equipment. 
After bactericidal treatment, no utensil shall be stored except in 
a clean, dry place protected from flies, dust, or other contami- 
nation, and no utensil shall be handled except in such a manner 
as to prevent contamination, as far as practicable. Single-service 
utensils shall be purchased only in sanitary containers, and shall 
be stored therein in a clean, dry place until used. 
Item 15. Disposal of Wastes. All wastes shall be properly 
disposed of, and all garbage and trash shall be kept in suitable 
receptacles, in such manner as not to become a nuisance. 
Item 16. Refrigeration. All readily perishable food or 
drink shall be kept at or below 50° F., except when being prepared 
or served. Waste water from refrigeration equipment shall dis- 
charge into an open sink or drain, properly trapped and sewer 
connected, provided that where sewer connections are not avail- 
able, clean, adequate, water-tight drip pans may be used. 
Item 17. Milk and Milk Products. Where available, “Grade 
A” milk products shall be used. The term “milk products” shall 
be construed to mean and include sweet milk, buttermilk, cultured 
buttermilk, cream, and chocolate milk. These products shall be 
served in the original containers in which they were received 
from the distributor, so that the name and grade of the contents, 
and the name of the producer or distributor may be readily ob- 
served by the consumers. Where two or more grades of milk are 
used, or found on the premises, for the purpose of scoring and 
rating, the lowest grade only shall be considered. Milk products 
shall be stored in a sanitary manner and shall be kept refriger- 
ated, except when being served. Bottles shall not be completely 
submerged in water. 
Item 18. Wholesomeness of Food. All food shall be whole- 
some and free from spoilage. Food that is spoiled, or unfit for 
human consumption, shall not be kept on the premises. Item 19. Sources of Shellfish. Any restaurant serving oys- 
ters, clams, or crabmeat shall secure the same from establish- 
ments approved by the State Board of Health, or the United 
States Public Health Service. 
Item 20. Reserving of Food. Portions of food once served 
to customers shall not be served again. 
Item 21. Storage, Handling, and Display of Food. All food 
shall be so stored, handled, and displayed as to be protected from 
dust, flies, vermin, handling, droplet infection, overhead leakage, 
and other contamination. No animals or fowls shall be kept or 
allowed in any room in which food is prepared or stored. All 
means necessary for the elimination of flies, rats, and roaches 
shall be used. 
Item 22. Health Certificates. The management shall keep 
on file a medical certificate given by a physician or health officer 
for every cook, waiter, dish washer, or handler of food or drink 
employed in the restaurant, showing that the employee is free 
from tuberculosis, syphilis, gonorrhea, skin diseases, and is not a 
typhoid carrier. Such certificate shall have been issued within 
twelve months of the date of inspection. A permit from the 
health officer shall be required before any employee begins work. 
Certificates issued by private physicians shall be presented to the 
health officer before such permit to work shall be issued. 
Item 23. Cleanliness of Employees. All employees shall 
wear clean outer garments, and shall keep their hands clean at all 
times while handling food, drink, utensils, or equipment. 
Item 24. Miscellaneous. Waste material, obsolete and un- 
necessary articles, tin cans, rubbish, and other litter shall not 
be permitted to accumulate on the premises of the restaurant. 
Cisterns or other receptacles containing standing water shall be 
kept tightly covered or screened. There shall be no fly and 
mosquito breeding places, nor rat harborages, hog pens, or un- 
drained areas on the premises. The surroundings of all res- 
taurants shall be maintained in a neat, orderly, and sanitary 
condition. 
None of the operations connected with a restaurant shall be 
conducted in any room used for domestic purposes. Soiled linens, 
coats, and aprons shall be kept in containers provided for this 
purpose. 
No article, polish, or other substance containing any cyanide 
preparation or other poisonous material shall be used for the 
cleaning or polishing of eating or cooking utensils. 
SECTION 7. Notification of Disease. Notice shall be sent to 
the Health Officer immediately by the restaurant manager, or by 
10 the employee concerned, if he or any employee contracts any 
infectious, contagious, or communicable disease, or has a fever, 
a skin eruption, a cough lasting more than 3 weeks, or any other 
suspicious symptom. It shall be the duty of any such employee 
to notify the restaurant manager immediately when any of said 
conditions obtain, and if neither the manager nor the employee 
concerned notifies the Health Officer immediately when any of 
said conditions obtain, they shall be held jointly and severally to 
have violated this section. A placard containing this section shall 
be posted in all toilet rooms used by employees, or dressing rooms 
or kitchens. 
SECTION 8. Procedure When Infection Suspected. When 
suspicion arises as to the possibility of transmission of infection 
from any restaurant employee, the Health Officer is authorized 
to require any or all of the following measures: (1) the im- 
mediate exclusion of the employee from all restaurants; (2) the 
immediate closing of the restaurant concerned until no further 
danger of disease outbreak exists, in the opinion of the Health 
Officer; (3) adequate medical examinations of the employee and 
of his associates, with such laboratory examinations as may be 
indicated. 
The foregoing rules and regulations in regard to restaurants 
were adopted at a meeting of the State Board of Health, May 21, 
1941, at Pinehurst, North Carolina. 
CARL V. REYNOLDS, M.D. 
Secretary and State Health Officer 
State Board of Health 
Raleigh, N. C. NORTH CAROLINA RESTAURANT CODE 
(To be used as the legal interpretation of these rules 
and regulations) 
RULES AND REGULATIONS DEFINING RESTAURANT, ITIN- 
ERANT RESTAURANT, EMPLOYEE, HEALTH OFFICER, 
ETC., REQUIRING PERMITS FOR THE OPERATION OF 
SUCH ESTABLISHMENTS, REGULATING THE INSPECTION, 
GRADING AND PLACARDING OF SUCH ESTABLISH- 
MENTS, AND THE ENFORCEMENT AND INTERPRETATION 
OF THESE RULES AND REGULATIONS. 
SECTION 1. Definitions. The following definitions shall 
apply in the interpretation and enforcement of these rules and 
regulations: 
A. Restaurant. The term “restaurant” shall mean res- 
taurant, coffee shop, cafeteria, short order cafe, luncheonette, 
tavern, sandwich stand, soda fountain, drink stand, and all other 
public eating establishments where food is prepared, handled, and 
served to the public at wholesale or retail for pay, as well as 
kitchens and other places in which food is handled or prepared 
for sale elsewhere to the public. 
B. Itinerant Restaurant. The term “itinerant restaurant” 
shall mean one operating for a temporary period in connection 
with a fair, carnival, circus, public exhibition, or other similar 
gathering. 
C. Employee. The term “employee” shall mean any person 
who handles food or drink during preparation or serving, or who 
comes in contact with any eating or cooking utensils, or who is 
employed at any time in a room in which food or drink is pre- 
pared or served. 
D. Eating and Cooking Utensils. “Eating and cooking uten- 
sils” shall include any kitchenware, tableware, glassware, cutlery, 
utensils, containers, or other equipment with which food or drink 
comes in contact during storage, preparation, or serving. 
E. State Board of Health. The term “State Board of Health” 
shall mean the State Health Officer, or his authorized represen- 
tatives. 
F. Inspector. The term “inspector” shall mean any author- 
ized representative of the State Board of Health. 
G. Person. The word “person” shall mean person, firm, cor- 
poration, or association. 
12 SECTION 2. Permits. No person shall operate a restaurant 
within the State of North Carolina who does not possess an un- 
revoked permit from the State Board of Health. No permits to 
operate shall be issued until a sanitary inspection by a repre- 
sentative of the State Board of Health shows that the restaurant 
complies with these rules and regulations. Application for such 
inspections shall be made in writing by the person submitting the 
application. All permits shall be posted in a conspicuous place 
in the restaurant. 
Violations of any of these rules and regulations, or failure to 
receive a sanitary rating of at least 70% or Grade C, shall be 
sufficient cause for revoking the permit. No permit to operate 
shall be issued or re-issued until the restaurant has been inspected 
or re-inspected and approved by a representative of the State 
Board of Health, 
SECTION 3. Placarding or public display of Grade Notice. 
Every restaurant shall display the grade card given by the in- 
spector at the time of the inspection. This grade card shall be 
displayed at all times in a conspicuous place approved by the 
inspector. 
SECTION 4. Reinspections. When more than one inspection 
of a restaurant is made in any one year, the State Board of 
Health shall issue a new grade card, and upon the receipt of the 
new grade card, the proprietor or manager of the restaurant 
shall remove and destroy the grade card previously issued, and 
replace it with the later grade card. Upon written request on 
the part of the management, a re-inspection may be had, pro- 
vided that when a restaurant receives a rating of 70%, or more, 
(Grade C) a visit for consultation or advice may be made by a 
representative of the State Board of Health at any time, but a 
re-inspection for the purpose of raising the grade shall not be 
made within 30 days. In the case of restaurants that are closed, 
or have a rating of less than 70%, an examination or a survey 
shall be made upon written request of the proprietor or manager 
of the restaurant at the earliest convenience of the inspector, to 
consider the issuance or re-issuance of a permit but no inspection 
shall be made for the purpose of establishing a grade for any 
restaurant until and unless the restaurant shall have been in 
operation for at least two weeks. 
SECTION 5. Publishing Grades. At least twice yearly, or 
whenever a survey of restaurants has been completed, the grades 
shall be published. 
SECTION 6. Grading of Restaurants. The sanitation of all 
restaurants shall be based on a system of grading wherein all 
restaurants receiving a rating of at least 90% or more shall be awarded Grade A; all restaurants receiving a rating of at least 
80% and less than 90% shall be awarded Grade B, and all res- 
taurants receiving a rating of at least 70% but less than 80% 
shall be awarded Grade C, and no restaurant receiving a rating of 
less than 70% or Grade C shall operate. The rating and grading 
of all restaurants shall be based upon the following standards of 
construction and operation: 
Item 1. Floors. The floors of all rooms in which food is 
stored, prepared, or served, or in which utensils are washed, 
shall he of such construction as to be easily cleaned, shall be 
smooth, and shall be kept clean and in good repair. 
Public Health Reason: Properly constructed floors which are 
in good repair can be more easily kept clean than improperly 
constructed floors. Floors that are free of sawdust, shavings, 
ragged linoleum, and other litter are more likely to be kept clean. 
Open joints, cracks, easily disintegrated material, and rough con- 
crete are not only difficult to keep clean, but give a bad appear- 
ance. Tightly constructed floors of tongue and groove material, 
concrete or equal, maintained in good repair, and kept clean, are 
conducive to clean food handling operations. 
Satisfactory Compliance: This item shall be deemed to have 
been satisfied: 
(1) When the floors of all rooms in which food is stored, pre- 
pared, or served are of such construction as to be easily cleaned, 
and are smooth and in good repair. Floors may be of concrete, 
terrazzo, tile, wood covered with linoleum, or tightly laid tongue 
and groove lumber. 
(2) When the floors are kept clean during the hours of pre- 
paring, cooking, and serving of food. Floors shall be kept free 
not only of organic filth, but also of litter, ragged linoleum, saw- 
dust, and obsolete and unnecessary items of storage. 
Note: It is recommended that all necessary storage be placed 
on shelves or benches, or otherwise stored so as to be 
at least 12" above the floor, in order that the floor may 
at all times be clear for thorough cleaning. 
(3) When joints at walls and floors are rounded, or provided 
with tight molding to avoid open cracks, and when pipe lines 
through floors, walls, and ceilings are tightly fitted, or provided 
with metal collars to avoid openings, and are not laid on the floor 
surface so as to impede proper cleaning. 
Item 2. Walls and Ceilings. Walls and ceilings of all rooms 
in which food is stored, prepared, or served shall be kept clean 
and in good repair. All walls and ceilings of rooms in which 
food is stored or prepared shall he finished in light color. The walls of all rooms in which food is prepared or utensils are 
washed shall have a smooth, washable surface. 
Public Health Reason: Painted or otherwise properly finished 
walls and ceilings are more easily kept clean, and are, therefore, 
more likely to be kept clean, A light-colored paint or finish aids 
in the even distribution of light, and the detection of unclean 
conditions. Clean walls and ceilings are conducive to clean food- 
handling operations. 
Satisfactory Compliance: This item shall be deemed to have 
been satisfied: 
(1) When walls and ceilings of kitchens and dining rooms are 
constructed of tile, metal, smooth plaster, tight wood, or equal, 
and are in good repair. 
(2) When the walls and ceilings are clean and have been 
finished or painted with a light-colored, washable paint at least 
annually, or more often if necessary, and are maintained in a 
manner approved by the State Board of Health. 
(3) When the lower part of the wall, exposed to splash or 
spray from dishwashing vats or machines, is protected by a 
smooth, washable, impervious surface, such as tile or metal. 
(4) When the walls and ceilings are free of grease marks, dirt, 
dust, filth, and cobwebs. Torn and ragged wallpaper, broken wall 
board, wooden walls with open cracks, excessive calendars, ad- 
vertising posters, streamers, and other unused and unnecessary 
articles of decoration on or behind which dust and dirt may 
accumulate shall be deemed a violation of this item. 
Item 3. Doors and Windows. When flies are prevalent, all 
openings into the outer air shall be effectively screened and doors 
shall be self-closing, unless other effective means are provided 
to prevent the entrance of flies. 
Public Health Reason: Flies may contaminate the food, tables, 
utensils, and equipment with disease organisms, thus nullifying 
other public health safeguards. 
Satisfactory Compliance: This item shall be deemed to have 
been satisfied if: 
(1) The doors, windows, and other outside openings are 
effectively screened with at least 16-mesh wire screening, and 
(2) All screen doors are self-closing, open outward, and are in 
good repair, or 
(3) Fans, together with half-length screen doors, may be 
accepted, provided they are found effective, and are continually 
operated while the establishment is open for business, or 
(4) Flies are absent. (5) All window and door screens are tight-fitting, and free 
from holes through which flies may enter. Sky-lights, vent pipes, 
and transoms must be well screened and fly-tight. 
This section must be complied with from April 1 to December 1. 
Item 4. Lighting. All rooms in which food is stored, pre- 
pared, or served, and in which utensils are washed, shall be well 
lighted. 
Public Health Reason: Ample light, either natural or arti- 
ficial, reasonably well distributed to points of important activi- 
ties, promotes better methods of food handling and cleanliness. 
Satisfactory Compliance: This item shall be deemed to have 
been satisfied: 
(1) When the window area or effective sky-light area of all 
kitchens and dining rooms is at least one-tenth of the floor area, 
or when artificial lighting, adequate for the necessary operations, 
is provided. 
(2) When the windows are clean and in good repair. 
(3) When all pantries and storage rooms are adequately 
lighted. 
Item 5. Ventilation. All rooms in which food is stored, pre- 
pared, or served, and in which utensils are washed, shall be well 
ventilated. 
Public Health Reason: Windows, vented sky-lights, ventilating 
fans, and range hoods reduce odors, prevent undue condensation 
from cooking operations, and add to the comfort of guests and 
employees. 
Satisfactory Compliance: This item shall be deemed to have 
been satisfied if: 
(1) The window area or effective ventilating sky-light area in 
all kitchens and dining rooms equals at least one-tenth of the 
floor area, or if some other satisfactory ventilating system is 
provided. 
(2) Effective ventilating fans or range hoods, or both, are 
provided where necessary to eliminate excessive grease, smoke, 
or odors. 
(3) Range hoods and the area around all ventilating fans are 
kept free of accumulated grease and soot. 
(4) Pantries and other storage rooms are ventilated sufficiently 
to prevent disagreeable oders. 
Item 6. Toilet Facilities. Every restaurant shall be pro- 
vided with adequate toilet facilities conveniently located, readily 
accessible at all business hours, and conforming with the North 
Carolina Building Code. In restaurants hereafter constructed, toilet rooms shall not open directly into any kitchen, or pantry, 
or into any room in which utensils are washed or stored. The 
area of intervening rooms shall be not less than 18 square feet, 
and these rooms shall be constructed and maintained in a manner 
comparable to the toilet rooms. The doors of all toilet rooms 
shall be self-closing. Toilet rooms and fixtures shall be kept in 
a clean condition, in good repair, and the rooms well lighted and 
ventilated. Hand-washing signs shall be posted in each toilet 
room used by employees. Where a water-carried sewerage sys- 
tem is not available, sanitary privies constructed and maintained 
in accordance with the requirements of the State Board of 
Health will be acceptable. 
Public Health Reason: The sanitary disposal of human ex- 
creta is necessary to the prevention of the spread of filth-borne 
diseases. Conveniently located and properly maintained toilet 
rooms with adequate facilities are necessary for the comfort and 
personal health of the employees and guests. It is essential that 
the toilet rooms be accessible to the guests and employees, and 
that the commodes and other facilities be kept clean and in good 
repair to promote their use. Clean facilities reduce the likelihood 
of disease-producing organisms from body wastes being trans- 
mitted to the food handling operations by flies from toilets. 
Satisfactory Compliance: This item shall be deemed to have 
been satisfied if: 
(1) Adequate toilet facilities, conveniently located and com- 
plying with the North Carolina Building Code, are provided for 
guests and employees. In the case of new, or remodeled res- 
taurants, separate toilet facilities for each sex and race employed 
or served shall be provided. 
(2) The toilet rooms do not open directly into any storage 
room, pantry, or kitchen, or in case of new construction shall not 
open directly into the dining room. 
(3) The floor area equals at least 18 square feet for the first 
commode, and 10 square feet for each additional commode. 
(4) The floors, walls, and ceilings of the toilet rooms are 
constructed of smooth, non-absorbent, washable materials, and 
are maintained in good repair. 
(5) The walls and ceilings are painted with a light-colored, 
washable paint at least annually, or as often as may be necessary, 
or otherwise finished in a manner approved by the State Board 
of Health. 
(6) The floors, fixtures, walls, and ceilings are kept clean, in 
good repair, and free from extraneous or contaminating materials. 
(7) The toilet rooms are well ventilated, preferably by means 
of a window to the outside air; however, where it is impracticable to install a window, a screened metal vent of at least 8 inches in 
diameter extending to the outside air, may be accepted. 
(8) Ample artificial light is provided in the toilet. 
(9) Toilet room doors are self-closing and fly-tight. 
(10) An approved earth pit privy constructed and operated in 
accordance with the requirements of the State Board of Health 
may be accepted, if water-carried sewerage facilities, public or 
private, are not available. 
(11) Durable, legible signs are posted, or stenciled conspicu- 
ously in each toilet room directing employees to wash their hands 
before returning to work. 
(12) The toilet room, stool, etc., are kept clean, sanitary, in 
good repair, and free from flies. 
A booth open at the top shall not qualify as a toilet room, or 
vestibule. 
Item 7. Water Supply. The water supply shall be easily 
accessible to all rooms in which food is prepared or utensils are 
washed, and shall be adequate, and of a safe, sanitary quality. 
Hot and cold running water shall be provided for the washing 
of utensils. 
Public Health Reason: It is essential that the water supply 
be of a safe, sanitary quality, in order to be suitable for human 
consumption and to avoid the contamination of food and utensils. 
It should be adequate and accessible so as to enable its liberal use 
in the thorough cleansing and rinsing of utensils, equipment, etc. 
Satisfactory Compliance: This item shall be deemed to have 
been satisfied if: 
(1) The water used is secured from an approved public water 
supply. 
(2) The water supply is secured from an approved private well, 
spring, or other source not considered dangerous, or potentially 
dangerous, as determined by a sanitary survey by a represen- 
tative of the State Board of Health, and by a bacteriological 
examination of one or more samples of water by the State Labora- 
tory of Hygiene within the preceding six months. 
(3) In case of a private water supply, it is constructed, main- 
tained, and operated in accordance with the requirements of the 
State Board of Health. (See State Board of Health Bulletin on 
Private Water Supplies.) 
(4) No cross-connections with unapproved water supplies are 
found to exist. 
Item 8. Drinking Water Facilities. Facilities for the dis- 
pensing of drinking water shall be of a design approved by the 
State Board of Health. If water-cooling equipment is installed, it shall be of a type in which ice does not come in contact with 
the water. Common dippers or common drinking glasses or cups 
shall not be used. 
Public Health Reason: An adequate supply of safe water has 
been required by ITEM 7, but the water may be contaminated 
through insanitary dispensing methods; therefore, approved 
methods and equipment for dispensing are necessary. 
Satisfactory Compliance: This item shall be deemed to have 
been satisfied if: 
(1) A satisfactory glass-filler is provided which does not 
depend upon pressure from the rim of the glass for its operation. 
An ordinary faucet which is not leaking around the valve stem 
may be approved. 
(2) In case drinking facilities are provided in addition to table 
service, an approved angle-jet drinking fountain, or other facili- 
ties at least equivalent to a faucet, or glass filler, and individual 
glasses or single-service cups shall be required. 
(3) No water cooler is used in which ice comes in contact with 
the drinking water. 
(4) Drinking glasses or cups, after use, are not used by an- 
other person until after having been thoroughly washed and 
subjected to bactericidal treatment. 
This item shall not be interpreted as requiring the cooling of 
water. 
Item 9. Storage, Handling, and Use of Ice. Ice which is to 
be used in fountain drinks, iced water, tea, and coffee, or in con- 
nection with the chilling or serving of salads, vegetables, or 
cocktails shall be stored and handled in a sanitary manner. 
Public Health Reason: Ice which is used in drinks, or which 
comes in contact with food, provides a source of potential con- 
tamination when handled in an insanitary manner. 
Satisfactory Compliance: This item may be deemed to have 
been satisfied if: 
(1) Storage boxes are covered, located away from sources of 
contamination, maintained in good repair, and kept clean. 
(2) Ice grinders, pans, and buckets used in preparing chipped 
or crushed ice are thoroughly cleaned between usages and kept 
in good repair. 
(3) All ice is washed before preparation and serving. 
(4) Ice is put into glasses or other containers with a scoop, 
spoon, or other approved method. 
(5) Fountain ice compartments, bowls, buckets, or other con- 
tainers are frequently washed and kept free of scum, rust, and 
19 are protected from drip, dust, cleaning operations, and other 
sources of pollution. 
(6) Ice shall not be received, used, or accepted in a restaurant 
unless it is handled and transported in a sanitary manner. 
Item 10. Lavatory Facilities. Adequate and convenient 
hand-washing facilities, including warm water, soap, and ap- 
proved sanitary towels, shall he provided. No employee shall 
resume work after using the toilet room without first washing 
his hands. 
Public Health Reason: The use of washing facilities is essen- 
tial to personal cleanliness and to the clean handling of food. The 
public, as well as employees, should be provided with adequate 
conveniences for hand-washing. Lavatories should be located 
near the toilets, and should be convenient and accessible to the 
public, in order to promote higher standards of personal cleanli- 
ness, and public health. 
Satisfactory Compliance: This item shall be deemed to have 
been satisfied if: 
(1) At least one lavatory is provided in a place convenient and 
accessible to the patrons and employees. This location may be 
in a wash room, or in the dining room, and appropriate signs 
should direct the public to its location. 
(2) Soap and individual towels, either cloth or paper, are sup- 
plied at each lavatory at all times. 
(3) The lavatory is installed according to standard plumbing 
practice, as specified by the North Carolina Building Code, and 
provided further that, where a sewerage system is not available, 
the lavatory wastes shall be conducted away from the building in 
an approved manner. 
(4) The wash room or immediate area in which the lavatory is 
located is not used for miscellaneous storage. 
(5) The lavatory walls, ceilings, and floors of the wash room 
are kept clean. 
(6) The lavatory location has adequate light to facilitate its 
use. 
(7) In the case of new or remodeled restaurants, lavatories 
shall be supplied with both warm and cold running water. Dish- 
washing vats shall not be accepted as washing facilities for 
personnel. 
Item 11. Construction of Utensils and Equipment. All eat- 
ing and cooking utensils and all show and display cases or win- 
dows, counters, shelves, tables, refrigerating equipment, sinks, 
and other equipment or utensils used in connection with the operation of a restaurant shall be so constructed as to he easily 
cleaned, and shall be kept in good repair. 
Public Health Reason: If the equipment is not so constructed 
that it can be easily cleaned, and is not kept in good repair, it is 
not likely that it will be properly cleaned. Pots, pans, platters, 
mixing bowls, and other utensils which contain open seams, 
cracks, chipped enamel, inaccessible grooves and corners are 
capable of holding bacteria, slime, grease, and other organic 
matter, and are, therefore, obstacles to safe food handling. 
Satisfactory Compliance: This item shall be deemed to have 
been satisfied if: 
(1) All surfaces with which food or drink comes in contact 
consist of smooth, not readily corrodible material, and are easily 
accessible for cleaning. 
(2) All surfaces with which food or drink comes in contact are 
in good repair, free of breaks, corrosion, open seams, cracks, and 
chipped places, and if there are no chipped or cracked dishes, and 
no bent or rusty silverware. 
(3) All display cases, windows, counters, shelves, tables, re- 
frigerators, stoves, hoods, and other equipment are so constructed 
as to be easily cleaned, and are in good repair, and if: 
(a) All kitchen tables on which food is prepared, or on which 
equipment or food is stored, are constructed of impervious 
material, such as stainless steel, galvanized metal, zinc, marble 
slabs, or tight wood in which there are no open cracks or joints 
that will collect food particles and slime. All dining room tables 
or counters on which food is served are of sound construction, 
smooth, free from open seams, cracks, breaks, and worn places 
in which food particles and dirt may collect, and are finished in 
a manner conducive to easy cleaning. Tables and counters may 
be accepted if covered with masonite, linoleum, or their equal, 
and if the covering is in good repair. Table linen is kept clean 
and in good repair. No oil cloth, cardboard, or paper is used on 
tables and counters. 
(b) The shelves are not covered with paper, cardboard, oil 
cloth, or other absorbent material, and are constructed free of 
cracks in which food particles and dirt may accumulate, and in 
which roaches may harbor. 
(c) Refrigerators and ice boxes are of such size and construc- 
tion that the shelves, racks, walls, and floors may be kept clean. 
Ice boxes shall be provided with proper drains and impervious 
linings, with all seams soldered flush. Refrigerators and ice boxes 
shall, at all times, be kept in good repair. 
(d) Stoves, hoods, dishwashing vats, sinks, steam tables, grills, 
soda fountains, pumps, and other equipment shall be constructed of such material and in such manner that they may be easily 
cleaned, and shall be kept in good repair. 
Item 12. Cupboards and Other Storage Spaces. Cupboards 
and other storage spaces shall be kept clean and free from of- 
fensive or musty odors. The contents shall be neatly arranged. 
Public Health Reason: Pantries and cupboards that are not 
kept clean, and in which the storage is in disorder, encourage the 
harboring of rats, mice, roaches, and the accumulation of filth to 
the extent that fruits and other foods stored therein cannot be 
kept in a clean, safe, and satisfactory condition. 
Satisfactory Compliance: This item shall be deemed to have 
been satisfied if: 
(1) Cupboards and other storage spaces are so constructed, 
ventilated, lighted, and arranged that they can be maintained in 
a clean, orderly manner. 
(2) Cupboards and storage spaces are clean. 
(3) No dirty towels, rags, unused equipment, miscellaneous 
obsolete articles are stored in cabinets, cupboards, drawers, or 
pantries. 
(4) The contents of cupboards and storage spaces are neatly 
arranged. 
In order that the provisions of this item may be more effec- 
tively carried out: 
(a) All storage should be at least 15" above the floor. 
(b) Dry beans, grits, flour, sugar, and similar food products 
should be stored in covered galvanized iron cans. 
(c) Shelves should be constructed approximately 1" from the 
wall, unless tightly stripped to eliminate cracks for roaches. 
(d) Bulky items should be stored on slatted shelves. 
Item 13. Cleaning and Bactericidal Treatment of Equipment 
and Utensils. All equipment, including display cases or win- 
dotvs, counters, shelves, tables, refrigerators, stoves, hoods, and 
sinks shall be kept clean and free from dust, dirt, insects, and 
other contaminating material. All cloths used by waiters, chefs, 
and other employees shall be clean. Single service containers 
shall be used only once. 
All dishes, knives, forks, spoons, drinking glasses, cups, and 
other eating and drinking utensils shall be thoroughly washed 
and subjected to an approved bactericidal process after each 
usage. All multi-use utensils, such as mixing bowls, cream 
pumps, stock pots, and other utensils used in the preparation, 
cooking, or serving of food and drink shall be thoroughly cleaned 
and subjected to an approved bactericidal process immediately after the day's operations. Drying cloths, if used, shall he kept 
clean, and shall be used for no other purpose. 
The means of dishwashing shall consist of an approved dish- 
washing machine or a double vat sink of impervious material 
connected directly to the city sewer, or other approved sewer, 
in accordance with the North Carolina Building Code. For 
1G0% single service, a one compartment sink may be accepted. 
Drain hoards of sufficient size to adequately accommodate dishes 
shall be provided at each end of the sink or dishwashing ma- 
chine. An approved means of heating an ample supply of run- 
ning water shall he installed, and connections shall be made so 
that each vat may receive hot and cold water service. Where 
single service utensils are used exclusively a one compartment 
sink may he accepted. 
Public Health Reason: Food cannot be kept clean and safe, if 
permitted to come in contact with containers, utensils, and equip- 
ment which have not been properly cleaned and given bactericidal 
treatment. The diseases which this item is intended to guard 
against are those in which the infective agent appears in the 
saliva, or other bodily discharges. 
By approved bactericidal process is meant the application of 
any method or substance for the destruction of pathogens and all 
other organisms, so far as practicable, and which, in the opinion 
of the Health Officer, is effective and does not adversely affect the 
equipment, food, or drink, or the health of the consumer. 
Satisfactory Compliance: This item shall be deemed to have 
been satisfied if: 
(1) (a) A double vat sink of impervious material, directly 
connected to the city sewer, or other approved outfall, is provided. 
(b) Drain boards of sufficient size to accommodate the dishes 
are connected to and drain into the wash sink. 
(c) Each vat is provided with hot and cold water service. 
(d) An approved means of heating a sufficient supply of run- 
ning water is provided. 
(e) The dishwashing sink is not used for handwashing 
facilities. 
(f) The wash sink is in good repair, of sufficient size and depth 
so that it can be used effectively, and is so constructed that no 
bad joints, seams, and not readily cleanable surfaces exist. If it 
is found that the volume of dishes used is too great to be properly 
washed in the wash sink provided, dishwashing machines of ap- 
proved type and capacity shall be required to be installed and 
used for this purpose. 
Experience has shown that light guage galvanized metal sinks, 
poorly constructed without regard to tight seams, rolled edges, proper depths, drain plug fittings, back splash protection con- 
tinuous with the sink and drain boards, and displaying other 
points of inferior workmanship, are undesirable and should not be 
accepted, because such types cannot be kept clean. Under no 
circumstances should wooden supported sinks be permitted. The 
area underneath sinks should be left open to avoid accumulations 
of slime, and the harboring of roaches. 
(2) All equipment, including display cases and windows,, 
counters, shelves, tables, meat blocks, refrigerators, stoves, and 
hoods are kept clean and free from dust, dirt, insects, and other 
contaminating material. 
(3) All table cloths, napkins, and cloths used by waiters, chefs, 
and other employees, are clean. 
(4) Single-service articles, such as paper cups, plates, straws, 
and milk bottle caps are used only once. 
(5) All eating and drinking utensils, except single-service, are 
thoroughly cleaned after each usage, and all multi-use utensils 
used in the preparation, cooking, or serving of food and drink, are 
thoroughly cleaned following the day’s operation, in such a man- 
ner as to be clean to the sight and touch. 
The cleaning may be accomplished by the use of warm water 
110° F. to 120° F., containing an adequate amount of an effective 
soap or detergent to remove grease and solids. The soapy wash 
water should be changed at sufficiently frequent intervals to keep 
it reasonably clean and up to the right temperature. Careful 
scraping, pre-rinsing, or soaking of dishes to remove the gross 
food particles before washing will make it possible to keep the 
wash water clean for a longer time between changes, and to main- 
tain a sufficient concentration of the detergent. 
(6) After cleaning, (i.e. cleaning to the sight and touch) all 
such utensils are effectively subjected to one or more of the 
following, or other equivalent approved bactericidal processes: 
(a) Immersion for at least 2 minutes in clean, hot water at a 
temperature of at least 170° F., or for minute in boiling water. 
Unless actually boiling water is used, an approved thermometer 
shall be available, convenient to the vat. The pouring of scalding 
water over washed utensils shall not be accepted as satisfactory 
compliance. 
It is recommended that, wherever practicable, bactericidal 
treatment should be obtained through the use of hot water in the 
manner above described. For this method of bactericidal treat- 
ment, the second compartment of the wash sink may be used, 
unless a three-compartment vat is provided. If difficulty is ex- 
perienced in obtaining clean-looking glasses, it is recommended 
that greater manual effort be applied, or that a more efficient 
washing compound be tried, or that the rinse water be changed 
24 more frequently, or that a three-compartment vat be used. After 
washing, the glasses, dishes, etc., should be placed in metal 
baskets and immersed in the hot water for the required period of 
time. Baskets may be lined with wooden strips to prevent the 
marking of china-ware. Upon removal from the hot water, they 
should remain in the baskets on the drain board until dry, and 
then stored in such manner as not to become contaminated before 
being used again. 
Where hot water is used for bactericidal treatment, there shall 
be provided a hot water heater (preferably controlled by a 
thermostat) capable of maintaining a water temperature of at 
least 170° F. in the vat at all times when the dishes are being 
washed. The heating device may be integral with the immersion 
vat. If the wash and rinse vats are correctly constructed, an 
approved heating device may be placed thereunder. 
Care shall be taken in the bactericidal treatment of containers 
by immersion in hot water or chlorine rinse to prevent the trap- 
ping of air in the container, thus preventing contact with the 
entire surface of the container. This may be accomplished by 
placing all glasses, cups, plates, and saucers in a venting position 
so that air will not be trapped. 
(b) Immersion for at least 2 minutes in a lukewarm chlorine 
rinse containing at least 50 p.p.m. of available chlorine, if 
hypochlorites are used, or a concentration of equal bactericidal 
strength if chloramines are used. The rinse should be made up 
at a strength of 100 p.p.m., or more of hypochlorites, and shall 
not be used after its strength has been reduced to 50 p.p.m. 
Solutions made from compounds containing chloramine or 
chloramine-T have a slower bactericidal action than hypochlorites 
containing equal concentrations of available chlorine. The 
former must, therefore, be made up to a sufficiently greater 
strength to produce a bactericidal effect within the required ex- 
posure period equivalent to that of the above hypochlorite con- 
centration, The chloramine and chloramine-T concentration 
necessary will vary with the different compounds. 
Chlorine solutions once used shall not be re-used for bactericidal 
treatment on any succeeding day, but may be re-used for other 
purposes. 
Where chlorine treatment is used, a three-compartment vat 
shall be required, the first compartment to be used for washing, 
the second for plain rinsing, the third for chlorine immersion; 
provided that for existing installations the second or rinsing 
compartment may be omitted, if a satisfactory rinsing or spray- 
ing device is substituted. This will prevent the excessive con- 
sumption of chlorine by organic matter and washing compound 
carried over from the washing compartment. The first basket 
of utensils will remain in the chlorine rinse for at least 2 minutes. while the second basket is in the plain rinse, and the third basket 
is being washed. Upon removal from the chlorine rinse, the 
utensils may be rinsed in clean running water, if desired, and 
allowed to dry either in the basket, or inverted on a drain shelf 
or tray. 
Silver and silver-plated tableware should not be treated with 
chlorine, as silver chlorides are formed which blacken the silver. 
The Health Officer shall satisfy himself by frequent test that 
the chlorine rinse in actual use is of the required strength. The 
following test suitable for this purpose has been devised by the 
Sanitation Section of the United States Public Health Service: 
The test for chlorine strength makes use of the fact that when 
the proper amount of o’tolidin is added to a chlorine solution con- 
taining 20 parts per million, or more, a precipitate is formed, 
except that in the case of certain chloramines the solution be- 
comes cloudy at chlorine concentrations having a 2-minute 
bactericidal strength equivalent to at least the bactericidal 
strength of 20 parts per million of available chlorine in the form 
of hypochlorite. 
The testing outfit consists of two test tubes 7/16 by 4 inches, 
one of which contains o’tolidin. (For composition of o’tolidin 
solution, see Standard Methods of Water Analysis published by 
the American Public Health Association). The other is fitted 
with a medicine dropper and is used for testing the chlorine solu- 
tion. It is etched at the 2 cc and 5cc levels so as to make possible 
the dilution of the solution to be tested to two-fifths of its 
original strength, thus diluting an original solution of 50 parts 
per million or more to one of 20 parts per million or more, which, 
as above stated, is the critical point for the formation of the 
precipitate when hypochlorites are tested. Before any tests are 
made with the apparatus, the medicine dropper should be tested 
to determine whether it delivers drops of the proper size. To do 
this, simply count the number of drops required to fill to the first 
mark of the testing tube. If the number required lies between 
30 and 50, the dropper is satisfactory. If not, discard it and 
secure one of the proper size. 
The test procedure is as follows: Rinse the testing tube and 
its dropper thoroughly with clean water. Fill the testing tube to 
the lower mark with the chlorine solution to be tested, using the 
dropper for this purpose. Avoid including floating particles. Fill 
to the second mark with clean water, using the dropper for this 
purpose. Add 1 drop of o’tolidin. Hold the upper part of the 
testing tube firmly with one hand and tap the lower end of it 
sharply 50 times with one or two fingers of the other hand. If, 
in the case of hypochlorites, reddish or brownish particles 
separate out within 5 minutes, the solution tested contains at 
least 50 parts per million of available chlorine. If, in the case of certain chloramines, the solution becomes cloudy within 5 min- 
utes, the solution tested has a bactericidal strength for a 2-minute 
exposure equivalent to at least the bactericidal strength of 50 
parts per million of available chlorine in the form of hypochlorite. 
In order to determine whether a certain commercial prepara- 
tion is strong enough for restaurant use when mixed as directed 
on the label, the inspector should mix a portion as directed, then 
dilute half and half, and test for 50 parts per million by means 
of the above-described test. If a precipitate appears, the direc- 
tions upon the label result in a solution containing at least 100 
parts per million in the form of hypochlorites or the bactericidal 
equivalent thereof, and may be approved. Otherwise, such larger 
quantity of the stock solution should be used as will give a satis- 
factory test. 
(c) Exposure in a steam cabinet equipped with an indicating 
thermometer located in the coldest zone to at least 170° F. for at 
least 15 minutes, or to at least 200° F. for at least 5 minutes. For 
a discussion of steam cabinets, see item 14r of the U. S. Public 
Health Service Milk Code. Steam cabinets should be provided 
with a valve to permit the discharge of cold air when steam is 
admitted. 
(d) Exposure in a properly designed oven or hot-air cabinet 
equipped with an indicating thermometer located in the coldest 
zone to hot air at a temperature of at least 180° F. for at least 20 
minutes. 
Equipment that is too large to immerse may be treated (1) 
with live steam from a hose, in the case of equipment in which 
steam can be confined, (2) by boiling water rinse, or (3) by spray- 
ing or swabbing with chlorine solution of approved strength. 
Health officers should check with a thermometer the actual 
temperatures used in the methods which employ heat as the 
bactericidal agent. If washing machines are used, the tempera- 
tures of both the wash water and the rinse water should be 
checked to determine compliance. - 
(e) A sufficient supply of glasses, dishes, cups, goblets, beer 
mugs, tableware, etc., is provided so that enough time is allowed 
for proper washing and bactericidal treatment of those that are 
being used. 
(f) Drying cloths, if used, shall be clean, and shall be used for 
no other purpose. It is recommended that wherever possible 
utensils be permitted to drain dry without the use of drying 
cloths. 
In washing machines, where strong alkalies and higher wash 
water temperatures may be used for cleansing a shorter exposure 
period for the final treatment may be employed. In such cases, 
the above standards for bactericidal treatment will not apply, and 
'27 the Health Officer should resort to other methods, such as the 
following, for determining actual results obtained: 
Where bacteriological laboratory facilities are available, the 
following proposed standard procedure for bacteriological exami- 
nation of cleansed and disinfected utensils, provisionally estab- 
lished by the Sub-committee on Standard Methods for the 
Examination of Dishwashing Devices of the American Public 
Health Association, is recommended: 
(1) By the multiple spoon test. Ten spoons are placed in a 
pint jar containing 200 cc of sterile salt solution and agitated for 
2 minutes, 
(2) By the multiple glass test. Ten glasses are examined by 
passing a damp swab three times around the inside rim and three 
times around the outside rim of each glass, and the swab is 
agitated between the swabbing of each successive glass in a test 
tube containing 10 cc of salt solution. Thus the test tube con- 
tains the pooled washings from 10 glasses. 
(3) By the multiple plate test. Ten plates are examined by 
passing a damp swab over a 4 square inch area of each plate and 
the swab is agitated between the swabbing of successive plates 
in 10 cc of sterile salt solution. 
(4) The bacterial suspensions from the three foregoing types 
of utensils are plated in the usual manner and the number of 
organisms per utensil is thereby determined. 
(5) The bacterial count should not exceed 500 organisms per 
utensil surface area examined. (More recent work indicates that 
a standard of 100 is readily attainable, and this standard is there- 
fore recommended.) 
Item 14. Storage and Handling of Utensils and Equipment. 
After bactericidal treatment, no utensil shall be stored except 
in a clean, dry place protected from flies, dust, or other contami- 
nation, and no utensil shall be handled except in such a manner 
as to prevent contamination, as far as practicable. Single- 
service utensils shall be purchased only in sanitary containers, 
and shall be stored therein in a clean, dry place until used. 
Public Health Reason: If utensils and equipment are not pro- 
tected from contamination, the value of bactericidal treatment 
may be nullified. 
Satisfactory Compliance: This item shall be deemed to have 
been satisfied if: 
(1) All containers and utensils are stored above the floor in a 
clean, dry place protected from flies, splash, dust, and other con- 
tamination. Wherever practicable, containers and utensils shall 
be covered, or inverted, or stored in tight, clean cabinets. Towels, 
mats, or trays used on shelves, tables, or counters for glassware, must be clean and dry. Glassware must be thoroughly dry before 
placing on such materials, or on other surfaces. 
(2) Drain racks, trays, and shelves are made of not readily 
corrodible material, and are kept clean. 
(3) Containers and utensils are not handled by the surfaces 
which come in contact with food or drink. 
(4) Paper cups, plates, straws, etc., are purchased in sanitary 
cartons and stored therein in a clean, dry place until used, and 
after removal from the cartons, these articles are handled in a 
sanitary manner. Laundered cloths shall be stored in a clean 
place until used. 
(5) Spoons, spatulas, dippers, etc., used for dispensing frozen 
desserts, are kept, when not in use, either in water maintained 
at 170° F., or in running water. 
Item 15. Disposal of Wastes. All wastes shall be properly 
disposed of, and all garbage and trash shall be kept in suitable 
receptacles, in such manner as not to become a nuisance. 
Public Health Reason: All garbage, refuse, and liquid wastes, 
resulting from the normal operation of a restaurant, should be 
properly disposed of so as not to become a nuisance, or a public 
health menace. Garbage which is not stored in closed containers 
not only becomes a nuisance, but attracts flies, roaches, rats, and 
animals which may transmit filth and disease organisms to food 
for human consumption. 
Satisfactory Compliance: This item shall be deemed to have 
been satisfied if: 
(1) All liquid wastes, resulting from the cleaning and rinsing 
of utensils and floors, from flush toilets, and from lavatories, are 
disposed of in a public sewer, or, in the absence of a public sewer, 
by a method approved by the State Board of Health. 
(2) All plumbing complies with the State Plumbing Code, and 
is so designed and installed as to prevent contamination of the 
water supply through interconnections and back siphonage. 
(3) All garbage is collected, stored, and protected from flies, 
rats, and animals in standard garbage cans which are covered 
with tight fitting lids while pending removal. 
(4) All garbage, trash, obsolete and unnecessary articles, or 
other wastes, are removed from the premises as frequently as 
may be necessary to prevent nuisance and unsightliness, and are 
disposed of in an approved manner. 
Item 16. Refrigeration. All readily perishable food or drink 
shall be kept at or below 50° F., except when being prepared or 
served. Waste water from refrigeration equipment shall dis- 
charge into an open sink or drain, properly trapped and sewer connected, provided that where sewer connections are not avail- 
able, clean, adequate, water-tight drip pans may be used. 
Public Health Reason: Usually the bacteria in food are harm- 
less, and if this were always true, there would be no reason to 
refrigerate food, except to prevent spoilage. There is, however, 
no way to be sure that pathogenic bacteria have not entered the 
food (even though the observance of the other items of these 
rules and regulations will much reduce this likelihood.) The 
likelihood of contracting disease may be increased when the food 
contains large numbers of disease producing organisms. For this 
reason, perishable foods should be kept cold so that any small 
number of disease producing bacteria which may have entered 
will not be permitted to multiply. 
Satisfactory Compliance: This item shall be deemed to have 
been satisfied when: 
(1) All perishable food or drink is kept at or below 50° F., 
except when being prepared or served. This shall include all 
cream-filled pastry. 
(2) All ice used is stored and handled in such manner as to 
prevent contamination. 
(3) All waste water from refrigeration equipment discharges 
into an open sink, drain, or sewer through an air break and trap; 
provided that where sewer connections are not available, clean, 
adequate, watertight drip pans may be used, or the drainage is 
disposed of in a manner approved by the State Board of Health. 
Item 17. Milk and Milk Products. Where available, “Grade 
A” milk products shall be used. The term “milk products” shall 
be construed to mean and include sweet milk, buttermilk, cul- 
tured buttermilk, cream, and chocolate milk. These products 
shall be served in the original containers in which they were 
received from the distributor, so that the name and grade of 
the contents, and the name of the producer or distributor may 
be readily observed by the consumers. Where two or more 
grades of milk are used, or found on the premises, for the pur- 
pose of scoring and rating, the lowest grade only shall be con- 
sidered. Milk products shall be stored in a sanitary manner 
and shall be kept refrigerated, except when being served. Bot- 
tles shall not be completely submerged in water. 
Public Health Reason: Milk is nature’s “most nearly perfect” 
food, but if not obtained and handled under approved conditions 
may become an important factor in the spread of disease. There- 
fore, ungraded milk supplies are always questionable. The safest 
milk is Grade A milk which meets all the requirements of the 
United States Public Health Service Milk Ordinance. The bottle 
cap informs the consumer of the grade of the contents. Note: The purpose of this item is to prevent, insofar as 
practicable, exposing the milk to contamination from the time it 
is placed in the container at the dairy, or milk plant, until the 
time it is served to the final consumer. Contamination is more 
likely if milk is poured into glasses from bottles or other con- 
tainers in the kitchen, where there is more opportunity for care- 
lessness and consequent contamination, than it is if served in the 
original container, because the transferring is done out of sight 
of the customer. When served in the original container, the con- 
sumer is informed of the grade of milk being served. 
Satisfactory Compliance: This item shall be deemed to have 
been satisfied if: 
(1) All milk and milk products served or used for cooking, or 
any other purpose, are of the highest grade available. (The 
Health Officer should strongly recommend only those products 
which are Grade “A” pasteurized, if available, in the community.) 
(2) All milk and milk products are served in the original con- 
tainers in which they were received from the distributor. 
(3) An exception may be made in the case of cream served 
with coffee, cereals, etc., as the distributor cannot deliver cream 
in the unit sizes that would be required. For such service, the 
Health Officer may permit transferring to individual service units 
from the original bottle, or from pumps, or other approved 
dispensers. The mixing of cream and milk, or the pouring of 
either into jars, bottles, or other containers for storage therein, 
shall be prohibited. (See Section 10, U. S. Public Health Service 
Milk Ordinance.) 
(4) No milk is stored completely submerged under water. 
Item 18. Wholesomeness of Food. All food shall be whole- 
some and free from spoilage. Food that is spoiled, or unfit for 
human consumption, shall not be kept on the premises. 
Public Health Reason: Food that is spoiled, adulterated, or 
otherwise unwholesome, should not be served. 
Satisfactory Compliance: This item shall be deemed to have 
been satisfied if: 
(1) All food is free from harmful adulteration, and is whole- 
some for human consumption. 
(2) All food is handled and served in such a manner as to 
prevent adulteration and spoilage. 
(3) All foods that are spoiled, or otherwise unfit for human 
consumption, are placed in garbage cans, or not allowed to remain 
on the premises. 
Item 19. Source of Shellfish. Any restaurant serving oys- 
ters, clams, or crabmeat shall secure the same from establish- merits approved hy the State Board of Health, or the United 
States Public Health Service. 
Public Health Reason: Shellfish secured from unapproved 
establishments may be a direct source of disease, and, therefore, 
become a public health hazard. 
Satisfactory Compliance: This section shall be deemed to have 
been satisfied if: 
(1) All oysters, clams, mussels, and crabmeat are from a 
source approved by the State Board of Health, provided that if 
the source is outside the state, the shipper’s name shall be on the 
approved list issued by the United States Public Health Service. 
(2) Shell oysters and clams are stored in a clean, well drained 
room or bin provided especially for that purpose. If in bags, 
boxes, or barrels, the container bears a standard identification tag 
on which appears the name, address, and permit number of the 
shipper. 
(3) Shucked oysters, clams, and picked crabmeat are stored in 
the original shipping container on which appears the shipper’s 
permit number preceded by the state abbreviation, 
(4) All oysters, clams, and crabmeat are stored under such 
temperatures and physical conditions as will preserve the safety 
and wholesomeness of the product. A temperature of less than 
50° F. is necessary to properly preserve shucked shellfish. 
Item 20. Reserving of Food. Portions of food once served 
to customers shall not he served again. 
Public Health Reason: Portions of food served to customers 
may be infected with disease organisms through handling, sneez- 
ing, and coughing, etc., thereby enabling it to transmit the in- 
fection to individuals to whom it is subsequently served. 
Satisfactory Compliance: This item shall be deemed to have 
been satisfied if: 
(1) No part or parts of any food previously served to a cus- 
tomer is again served in any form to other customers. 
(2) It should be understood that this requirement includes the 
remaining portions of crackers, cream, bread, slaw, unused salads, 
butter, jellies, and all other foods which are not served in tightly 
covered dispensers, or any parts of other foods that have been 
served as a part of a meal, and with which there has been 
possible contact. 
Item 21. Storage, Handling, and Display of Food. All food 
shall be so stored, handled, and displayed as to he protected from 
dust, flies, vermin, handling, droplet infection, overhead leakage, 
and other contamination. No animals or fowls shall he kept or 
32 allowed in any room in which food is prepared or stored. All 
means necessary for the elimination of flies, rats, and roaches 
shall he used. 
Public Health Reason: Food that is not stored, prepared, dis- 
played, and handled in a sanitary manner so as to protect it from 
contamination, may become a public health hazard. Rats, flies 
and roaches are carriers of filth and disease producing organisms. 
Satisfactory Compliance: This item shall be deemed to have 
been satisfied if: 
(1) All food and drink are stored in such manner as to be pro- 
tected from dust, flies, vermin, handling, droplet infection, over- 
head leakage, sewage back flow, and other contamination. 
Evidence of the presence of rodents, roaches, ants, or other 
vermin shall be considered as violating this item. 
(2) All unwrapped or unenclosed food and drink on display are 
protected by glass, or otherwise, from public handling or other 
contamination, except that approved hand-openings may be per- 
mitted on counter fronts. 
(3) Dustless methods of floor cleaning are used, and all except 
emergency floor cleaning is done during those periods when the 
least amount of food and drink is exposed, such as after closing, 
or between meals. 
(4) No animals or fowls are kept or allowed in any room in 
which food or drink is prepared or stored. 
(5) All supplementary means necessary for the elimination of 
flies, such as fly-repellant fans, fly-paper, or fly and roach killing 
sprays and powders, are employed. 
(6) All foods, except raw vegetables, which are to be cooked 
are kept under cover at all times when not in the process of 
preparation and serving. 
(7) All surfaces upon which food is prepared are constructed 
of impervious material, such as stainless steel, galvanized metal, 
zinc, marble slabs, or tight wood in which there are no open cracks 
or bad joints that may collect food particles and slime. 
(8) No food is stored in direct contact with ice. 
(9) No meat or perishable food is stored on the floor, or in 
direct contact with shelves and racks of cold storage boxes. 
(10) Open dishes and pans containing food are not stacked in 
•contact with each other. 
(11) All sugar bowls, mustard, slaw, and onion containers have 
covers and are kept covered when not in use. (12) No food is permitted to come in contact with dirty clothes, 
newspapers, pasteboard, or other contaminated surfaces. Special 
attention is directed to bread which is permitted to contact the 
outer surface of the wrapper. 
(13) No food transported to a restaurant shall be received, 
used, or accepted unless such food is properly wrapped, covered 
or handled so that it is not exposed to dust, dirt, flies, hands of 
truck drivers, insanitary containers, or other sources of con- 
tamination. 
(14) Waiters and waitresses avoid unnecessary handling of 
butter, pies, and other cooked foods in the process of serving. 
(15) All barbecue served is prepared and handled in an ap- 
proved manner, or secured from an approved source which shall 
meet the following requirements: 
(a) Barbecue pits shall be enclosed and protected from the 
weather, dust, flies, and animals, and shall be kept clean and free 
of garbage, rubbish, and other contaminating substances. 
(b) Floors shall be constructed of smooth concrete, or equal, 
and graded to drain. 
(c) Light and ventilation shall be ample to promote cleanliness. 
(d) Barbecue may be chopped and handled in the kitchen, or 
in any room meeting the requirements of sanitation specified for 
kitchens and the sanitary handling of food therein. 
Cutting or chopping of barbecue in an outside pit room shall be 
prohibited. 
Item 22. Health Certificates. The management shall keep 
on file a medical certificate given by a physician or health officer 
for every cook, waiter, dish washer, or handler of food or drink 
employed in the restaurant, showing that the employee is free 
from tuberculosis, syphilis, gonorrhea, skin diseases, and is not 
a typhoid carrier. Such certificate shall have been issued within 
twelve months of the date of inspection. A permit from the 
health officer shall be required before any employee begins work. 
Certificates issued by private physicians shall be presented to 
the health officer before such permit to work shall be issued. 
Public Health Reason: One of the most frequent sources of 
infection is the presence of disease organisms in the bodily dis- 
charges of food handlers. Persons having infectious or con- 
tagious diseases may transmit the disease organisms to the public 
through handling the utensils, equipment, tableware, and food or 
drink. Satisfactory Compliance: This item shall be deemed to have 
been satisfied if: 
(1) No employees who have contagious or infectious diseases 
are allowed to work in the cafe or dining room. 
(2) All employees have been examined by a private physician 
or health officer during the past 12 months, and have a permit 
from the health officer. 
(3) The management has on file a medical certificate given by 
a physician or health officer for every cook, waiter, or food 
handler employed in the restaurant, certifying that the servant 
was free from tuberculosis, syphilis, gonorrhea, skin disease, and 
was not a typhoid carrier at the time of examination. 
(4) All health certificates were issued within 12 months of the 
date of inspection. 
Item 23. Cleanliness of Employees. All employees shall 
wear clean outer garments and shall keep their hands clean at all 
times while handling food, drink, utensils, or equipment. 
Public Health Reason: Clean clothing and clean hands reduce 
the likelihood of contaminating food, drink, and utensils during 
handling. 
Satisfactory Compliance: This item shall be deemed to have 
been satisfied if: 
(1) The outer garments of all persons, including dish washers, 
engaged in handling food or utensils, are reasonably clean and are 
used for no purpose other than restaurant duty. 
(2) The hands of all employees handling food, drink, or utensils 
are kept clean and are washed before beginning work, and after 
each visit to the toilet. 
(3) Cooks and other kitchen help wear clean white caps and 
coats, or other special dress when on duty. 
(4) Waiters and waitresses wear clean white coats or special 
dress (uniforms) when on duty. 
Item 24. Miscellaneous. All waste material, obsolete and 
unnecessary articles, tin cans, rubbish and other litter shall not 
be permitted to accumulate on the premises of the restaurant. 
Cisterns or other receptacles containing standing water shall be 
kept tightly covered or screened. There shall be no fly and mos- 
quito breeding places, nor rat harborages, hog pens, or undrained 
areas on the premises. The surroundings of all restaurants 
shall be maintained in a neat, orderly, and sanitary condition. 
None of the operations connected with a restaurant shall be 
conducted in any room used for domestic purposes. Soiled linens, coats, and aprons shall be kept in containers provided for this 
purpose. 
No article, polish, or other substance containing any cyanide 
preparation or other poisonous material shall be used for the 
cleaning or polishing of eating or cooking utensils. 
Public Health Reason: The premises of all restaurants must 
be maintained in a neat, orderly, and cleanly manner so that 
there will be no breeding places for flies and mosquitoes, and no 
harboring places for rats and other animals. Such premises, 
properly maintained, not only add to the attractiveness of the 
area, but eliminate the presence of many public health hazards. 
Satisfactory Compliance: This item shall be deemed to have- 
been satisfied if: 
(1) Rubbish, tin cans, discarded equipment, and accumulations 
of filth and trash are not allowed to accumulate on the premises 
of the restaurant. 
(2) There are no standing pools or bogs. 
(3) All drainage ditches on the premises are kept cleaned so- 
that stagnant water will not stand therein. 
(4) No fly breeding places nor rat harborages are found to 
exist. 
(5) All cisterns, tanks, and other receptacles containing stand- 
ing water are screened or otherwise covered to prevent the en- 
trance of flies, mosquitoes, and other insects. 
(6) The surroundings of the restaurant are maintained in a 
neat, orderly, and sanitary condition. 
SECTION 7. Notification of Disease. Notice shall be sent to- 
the Health Officer immediately by the restaurant manager, or by 
the employee concerned, if he or any employee contracts any 
infectious, contagious, or communicable disease, or has a fever, 
a skin eruption, a cough lasting more than 3 weeks, or any other 
suspicious symptom. It shall be the duty of any such employee 
to notify the restaurant manager immediately when any of said 
conditions obtain, and if neither the manager nor the employee 
concerned notifies the Health Officer immediately when any of 
said conditions obtain, they shall be held jointly and severally to 
have violated this section. A placard containing this section shall 
be posted in all toilet rooms used by employees, or dressing rooms 
or kitchens. 
SECTION 8. Procedure When Infection Suspected. When 
suspicion arises as to the possibility of transmission of infection 
from any restaurant employee, the Health Officer is authorized 
to require any or all of the following measures: (1) the im- mediate exclusion of the employee from all restaurants; (2) the 
immediate closing of the restaurant concerned until no further 
danger of disease outbreak exists, in the opinion of the Health 
Officer; (3) adequate medical examinations of the employee and 
of his associates, with such laboratory examinations as may be 
indicated. 
The foregoing rules and regulations and code in regard to res- 
taurants were adopted at a meeting of the State Board of Health, 
May 21, 1941, at Pinehurst, North Carolina. 
CARL V. REYNOLDS, M.D. 
Secretary and State Health Officer 
State Board of Health 
Raleigh, N. C. 
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