PROPOSED RULES

TITLE 10A - DEPARTMENT OF HEALTH AND HUMAN SERVICES

Notice is hereby given in accordance with G.S. 150B-21.2 that the Commission for Public Health intends to amend the rule cited as 10A NCAC 41A .0302.

Link to agency website pursuant to G.S. 150B-19.1(c): http://cph.publichealth.nc.gov/

Proposed Effective Date: May 1, 2017

Public Hearing:

Date: January 30, 2017

Time: 10:00 a.m.

Location: Cardinal Room, located at: 5605 Six Forks Road, Raleigh, NC

Reason for Proposed Action: This rule governs the sale of turtles in North Carolina. Under the current rule, all sales of turtles are prohibited. The proposed rule amendment reduces the burden on retail merchants to allow for the sale of small turtles. The proposed amendment will prohibit the sale of turtles with a carapace length of less than four inches, which conforms with the Federal Regulations regulating the sale of turtles of less than four inches. (21 CFR 1240.62).

Comments may be submitted to: Chris Hoke, JD, 1931 Mail Service Center, Raleigh, NC 27699-1931, phone (919) 707-5006, email chris.hoke@dhhs.nc.gov

Comment period ends: March 6, 2017

Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission after the adoption of the Rule. If the Rules Review Commission receives written and signed objections after the adoption of the Rule in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000.

Fiscal impact (check all that apply).

CHAPTER 41 - HEALTH: EPIDEMIOLOGY

SUBCHAPTER 41A - COMMUNICABLE DISEASE CONTROL

SECTION .0300 - SPECIAL CONTROL MEASURES

10A NCAC 41A .0302 SALE OF TURTLES RESTRICTED

(a) Purpose of this Regulation. This Regulation Rule is adopted to prevent the spread of salmonellosis from pet turtles to humans.

(b) Sale of Turtles Prohibited. No turtle with a carapace length of less than four inches shall be sold, offered for sale, or bartered by any retail or wholesale establishment in North Carolina.

(c) Sale of Turtles for Scientific, Educational, or Food Purposes Exempted. Subsection (b) of this Regulation Paragraph (b) of this Rule does not apply to the sale of turtles to institutions for scientific or educational purposes nor to the sale of turtles for food purposes.

(d) Sale of Turtles Outside North Carolina Exempted. Notwithstanding the provisions of Subsection Paragraph (b) of this Regulation, Rule, wholesale establishments in North Carolina dealing in the sale of turtles shall not be prohibited from selling turtles to other wholesale or retail establishments outside the State of North Carolina.

(e) Determination of Compliance. Authorized agents of the Department of Environment, Health, and Natural Resources and local health departments shall have authority to enter any retail or wholesale establishment at all times to determine compliance with this Regulation. For establishments selling turtles as allowed by this Section, the following information or substantially similar information shall be:

(1) Posted or provided conspicuously at every display of turtles for retail sale; or

(2) Printed legibly on the sales receipt issued by the seller to the purchaser at the time of the sale; or

(3) Printed legibly on an information sheet accompanying the sales receipt issued by the seller to the purchaser at the time of the sale: "CAUTION: Children under 5 years old and people with weak immune systems (such as chemotherapy patients or those with HIV/AIDS) should avoid contact with reptiles. These people can get very sick from a germ called Salmonella that reptiles carry. Reptiles include lizards, snakes, alligators, and turtles. Wash hands thoroughly after handling turtles or material that had contact with turtles. Do not allow water or any other substance that had contact with turtles to come in contact with food or areas where food is prepared. Do not bathe turtles or clean their tanks in your kitchen or bathroom and do not have close contact with turtles which could allow direct contamination of the mouth (e.g., kissing, etc.)."

(f) The seller shall keep a record of all purchases, losses, and other dispositions of turtles for at least one year.

Authority G.S. 130A-144.