S.L. 2013-413 (H 74), sec. 11. Regulatory Reform: Bed & Breakfast Homes/Food Sanitation Laws
Section 11 of the 2013 Regulatory Reform Act addresses food sanitation in bed and breakfast homes. Prior law authorized the regulation of “private homes offering bed and breakfast accommodations to eight or fewer persons per night.” State administrative rules implementing this law created and defined the term “bed and breakfast home” as “a private home offering bed and breakfast accommodations to eight or fewer persons per night for a period of less than a week,” and specified the standards such an establishment must meet to qualify for a food service permit.
Section 11 of the 2013 Regulatory Reform Act addresses food sanitation in bed and breakfast homes. Prior law authorized the regulation of “private homes offering bed and breakfast accommodations to eight or fewer persons per night.” State administrative rules implementing this law created and defined the term “bed and breakfast home” as “a private home offering bed and breakfast accommodations to eight or fewer persons per night for a period of less than a week,” and specified the standards such an establishment must meet to qualify for a food service permit.
Section 11 amends G.S. 130A-248 to replace the term “private homes offering bed and breakfast accommodations” with “bed and breakfast homes,” and amends G.S. 130A-247 to provide a definition of that term that supersedes the regulatory definition. The amendment permits bed and breakfast homes to serve up to three meals per day (not just breakfast), and potentially also increases the number of guests that the home may serve under its food service permit.
New subsection (5a) of G.S. 130A-247 defines a bed and breakfast home as “a business in a private home of not more than eight guest rooms that offers bed and breakfast accommodations for a period of less than one week” and that meets additional criteria, including serving “the breakfast meal, the lunch meal, the dinner meal, or a combination of all or some of these three meals, only to overnight guests of the home.” The change in the definition to refer to the number of guest rooms rather than number of guests likely means that bed and breakfast homes that serve food to more than eight guests will be able to obtain a food service permit under the rules that apply to bed and breakfast homes.
Update: On September 27, 2013, the North Carolina Division of Public Health issued this position statement to clarify certain issues and explain how local health department employees who are responsible for ensuring compliance with food and lodging regulations should apply the new law.