SESSION LAW 2019-141




AN ACT allowing food establishments to repurpose oyster shells as serving dishes.


The General Assembly of North Carolina enacts:


SECTION 1.  G.S. 130A‑248 is amended by adding a new subsection to read:

"(c3)    Notwithstanding any provision of this Part, a food establishment may reuse an oyster shell to serve shucked oysters that are cooked, regardless if the shucked oysters are reused in the same shells from which they originated, provided the establishment does all of the following:

(1)        Posts on the premises a conspicuous sign, clearly legible, and easily readable by the public, advising that the establishment reuses oyster shells to serve cooked oysters.

(2)        Protects each reused oyster shell from contamination by, at a minimum, doing all of the following on the same day the oyster is removed from the shell:

a.         Boils the shell for a minimum of ten minutes.

b.         Thoroughly dries the shell.

c.         Stores the shell in a covered container that is refrigerated until it is reused.

(3)        Reuses the shell within 48 hours after the oyster is removed from the shell."

SECTION 2.  This act becomes effective October 1, 2019.

In the General Assembly read three times and ratified this the 10th day of July, 2019.



                                                                    s/  Ralph E. Hise

                                                                         Presiding Officer of the Senate



                                                                    s/  Tim Moore

                                                                         Speaker of the House of Representatives



                                                                    s/  Roy Cooper




Approved 1:43 p.m. this 19th day of July, 2019