15A NCAC 18A .2801. DEFINITIONS  


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  • The following definitions shall apply in regards to child care centers throughout this Section:

    (1)           "Adequate" means determined by the Department to be of sufficient size, volume, or technical specifications, to effectively accommodate and support the planned, current, or projected workloads for a specified operational area.

    (2)           "Approved" means determined by the Department to be in compliance with this Section. 

    (3)           "Communicable Condition" means the state of being infected with a communicable agent but without symptoms.

    (4)           "Communicable Disease" means any disease that can be transmitted from one person to another directly, by contact with excrement, other body fluids, or discharges from the body; or indirectly, via substances or inanimate objects, such as contaminated food, drinking glasses, toys or water; or via vectors, such as flies, mosquitoes, ticks, or other insects.

    (5)           "Department" or "DENR" means the North Carolina Department of Environment and Natural Resources.  The term also means the authorized representative of the Department.

    (6)           "Designated Emergency Medication" means any medication used or needed for the immediate recovery from a potentially life-threatening event.

    (7)           "Disinfecting Solution" means a solution containing 500 to 800 parts per million (ppm) of chlorine.  A disinfecting solution can be made by mixing a solution of one-quarter cup (2 fluid ounces) household liquid chlorine bleach with one gallon of tap water (or one tablespoon of liquid household bleach in one quart of water) and prepared fresh daily.  In addition, products registered with the U.S. Environmental Protection Agency as hospital grade germicides or disinfectants or as disinfectants for safe use in schools, child care centers, institutions or restaurants are also approved disinfectants, provided the manufacturer's Material Safety Data Sheets are kept on file at the child care center and the instructions for use are followed.

    (8)           "Division of Child Development" means the child care licensing agency in the N.C. Department of Health and Human Services.

    (9)           "Food" means any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption.

    (10)         "Food Preparation" means the handling of foods or utensils in the preparation of meals, including opening and closing of baby bottles, baby food jars and cereal boxes, as well as the opening and closing of any other food items intended for the assembly of ingredients for human consumption.

    (11)         "Food Service" means the distribution of prepared foods for consumption, including those food items prepared at the child care center; received by the center from approved food establishments; milk placed in a pitcher or other serving container; ice transported, stored and dispensed; bagged lunches sent from home; and the use of utensils to minimize direct food contact.

    (12)         "Frying" means to cook over direct heat in hot oil or fat.  This includes the oil or fat that is generated by the food or added to the cooking utensil.

    (13)         "Hermetically Sealed" means a container designed and intended to be secure against the entry of microorganisms and to maintain the commercial sterility of its contents after processing.

    (14)         "Household bleach" means bleach sold in concentrations that are intended for household use, and not industrial applications.  Household bleach is sold in retail stores at strengths of 5.25 percent hypochlorite (regular strength bleach) solution and 6.00 percent hypochlorite (ultra strength bleach) solution.

    (15)         "Lavatory" means a sink that is equipped with hot and cold water under pressure for the primary purpose of handwashing.

    (16)         "Multi-Service Articles" means tableware, including flatware and hollowware that are designed, fabricated, and intended by the manufacturer to be washed, rinsed, sanitized, and re-used.

    (17)         "Multi-Use Articles" means bulk food containers and utensils designed, fabricated, and intended by the manufacturer to be washed, rinsed, sanitized, and re-used.  The term includes food storage containers, beverage pitchers, serving spoons and bowls, tongs, and spatulas.  The term does not include multi-service articles as defined in this Rule.

    (18)         "Potable Water" means water from an approved source which is suitable for drinking.

    (19)         "Potentially Hazardous Food" means any food or ingredient, natural or synthetic, in a form capable of supporting the growth of infectious or toxigenic microorganisms, including Clostridium botulinum.  This term includes raw or heat-treated food of animal origin, raw seed sprouts, and heat-treated foods of plant origin.  The term does not include foods which have a pH level of 4.6 or below or a water activity value of 0.85 or less.

    (20)         "Putrescible Materials" means materials likely to rot or putrefy, such as fruit, vegetables, meats and dairy products.

    (21)         "Sanitary Sewage System" means a complete system of sewage collection, treatment, and disposal and includes septic tank systems, connection to a public or community sewage system, sewage reuse or recycle systems, or mechanical or biological treatment systems.

    (22)         "Sanitizing Solution" means a solution containing 50 to 200 parts per million (ppm) of chlorine.  A sanitizing solution can be made by mixing a tablespoon of liquid household chlorine bleach with one gallon of water and prepared fresh daily.

    (23)         "School Age" means any child who is at least five years old on or before October 16 of the current school year and who is attending, or has attended, a public or private grade school or kindergarten; or any child who is not five years old and will not be five years old on or before October 16 of that school year, but has been attending school during that school year in another state in accordance with the laws or rules of that state before moving to and becoming a resident of North Carolina; or any child who is at least five years old on or before April 16 of the current school year, is determined by the principal of a school to be gifted and mature enough to justify admission to the school and is enrolled no later than the end of the first month of the school year.

    (24)         "Single-Service Articles" means tableware, including flatware and hollowware, carry‑out utensils and other items such as bags, containers, stirrers, straws, toothpicks, and wrappers that are designed, fabricated and intended by the manufacturer for one-time use.

    (25)         "Single-Use Articles" means bulk food containers and utensils intended by the manufacturer to be used once and discarded.  The term includes formed buckets, bread wrappers, pickle barrels, and No. 10 cans.  The term does not include single-service articles as defined in this Rule.

    (26)         "Tempered Water" means water that is between 80°F and 110°F.

    (27)         "Utensils" means any kitchenware, tableware, glassware, cutlery, containers or other equipment that food or drink comes in contact with during storage, preparation or serving.

    (28)         "Work Surfaces" means the following locations in the kitchen:  food service areas; stove top surfaces; food preparation surfaces; utensil and dishwashing areas; surfaces used for air drying; drain boards; and counter top surfaces.  In child care rooms, work surfaces include food preparation areas, diaper changing surfaces, counter top surfaces, children work tables, desks and easels.

History Note:        Authority G.S. 110‑91;

Eff. July 1, 1991;

Amended Eff. March 1, 1995;

Temporary Amendment Eff. April 15, 1998;

Amended Eff. July 1, 2006; January 1, 2006; April 1, 1999.