South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-25 - Retail Food Establishments
Chapter 61-25.8 - COMPLIANCE AND ENFORCEMENT
Part 61-25.8-3 - PERMIT TO OPERATE
Section 61-25.8-301 - Requirement

Universal Citation: SC Code Regs 61-25.8-301

Current through Register Vol. 48, No. 9, September 27, 2024

8-301.11 Prerequisite for Operation.

(A) No person shall operate a retail food establishment without a valid permit to operate issued by the Department. Pf

(B) Only a person who complies with the requirements of this regulation shall be entitled to receive and retain such a permit.

(C) The permit shall be kept in the retail food establishment and shall be accessible at all times.

8-301.12 Retail Food Establishment Permits Not Required.

(A) The following establishments shall not be required to have a permit from the Department:
(1) Churches or charitable organizations where the food service is limited to members and their invited guests.

(2) Churches or charitable organizations who prepare and serve food to the public on their own premises at one function a month or not more than twelve functions a year.

(3) Food service such as soup kitchens and food banks operated by organizations that are providing food at no cost and not for profit or gain to the public who are in need of food assistance.

(4) A bed and breakfast with 10 or fewer rental rooms and a residential kitchen that provides food service.

(5) Retail food establishments or facilities located on United States Government property and regulated by federal authorities.

(6) Retail food establishments or facilities operated by the United States Government.

(7) Retail food establishments or facilities serving solely as commissaries for interstate carriers.

(8) Retail food establishments or facilities on vehicles or common carriers for hire such as airplanes, trains (including maintenance crew cook cars), ships, and other similar conveyances.

(9) Retail food establishments or facilities governed by other regulations when such regulations are determined by the Department to be satisfactory.

(10) Food from retail food establishments outside the jurisdiction of the Department or the State of South Carolina which is sold within the State of South Carolina if such retail food establishments conform to the provisions of this regulation or to substantially equivalent provisions. To determine the extent of compliance with such provisions, the Department may accept reports from responsible authorities in other jurisdictions where such retail food establishments are located.

(11) Bake sales operated by churches or charitable organizations where homemade cakes, breads, and cookies may be offered for sale only if they are not time/temperature control for safety foods.

(12) Home Based Food Production Operations, which prepare non-time/temperature control for safety foods, such as homemade cakes, breads, cookies, and candy, in a private residence kitchen for sale directly to the end consumer.

(13) Boarding houses which provide room and board, which restrict food service to residents only, and do not provide food service to the non-renting public.

(14) Hunt lodges and outdoor-adventure tours that provide room and board as part of a package, and food service is restricted to participants only.

(15) Motels and hotels that prepare non-time/temperature control for safety food breakfast foods or serve pre-packaged food.

(16) Taverns that are primarily engaged in the sale of alcoholic beverages and do not engage in the preparation of food.

(17) Cooking schools or classes where registered students are active participants in preparing the food and are the exclusive consumers of the foods prepared.

(18) Personal chefs that are employed to cook for the owner and occupants of a private residence and their guests. A personal chef may purchase the food and shall prepare, cook and serve the food at the private residence only.

(19) Businesses that serve the following non-time/temperature control for safety foods that use a low risk food process:
(a) Popcorn, cotton candy, candy apples;

(b) Snocones or shaved ice;

(c) Soft drinks or beverages;

(d) Nachos served with heated cheese product;

(e) Commercially dehydrated pre-packaged pork skins;

(f) Pre-formed or prepared pretzels that require baking or warming only; or

(g) Other Department-approved non-time/temperature control for safety foods that use a low risk food process.

(20) An individual, operating out of the individual's dwelling, who prepares and sells the following non-time/temperature control for safety foods that use a low risk food process:
(a) Jams, jellies, preserves, and dried fruits

(b) Dry herbs, seasonings, and mixtures

(c) Vinegar and flavored vinegars

(d) Other Department-approved non-time/temperature control for safety foods that use a low risk food process.

The preparation and sale of food items which present a food safety risk such as acidified foods, low acid canned foods, garlic in oil, and fresh fruit or vegetable juices are not exempt from permitting under this provision.

(21) Businesses that serve the following low risk food processes of time/temperature control for safety foods:
(a) Coffee or coffee based beverages served with pasteurized milk or cream prepared and served either heated or cold.

(b) Beverages individually prepared upon consumer's request from a commercially pre-packaged powdered mix with no additional ingredients that are time/temperature control for safety foods, and served in a single service cup;

(c) Commercially pre-packaged, pre-cut frozen french fries;

(d) Salt boiled peanuts;

(e) Boiled or grilled corn;

(f) Snow cones or shaved ice served with pasteurized cold milk or cream from a non-reusable container;

(g) Waffle or pancake mix that is commercially pre-packaged and dispensed from self-serve units for service not to exceed four (4) hours in duration. Leftover portions of these products shall be discarded at the end of service; and

(h) Funnel cakes, minidonuts, or similar type products prepared from a single unit having no more than three fryers. Mixed batters shall not be held out of temperature more than four (4) hours. Leftover portions of these products shall be discarded at the end of service.

For the purpose of 8-301.12(A)(21), the low risk food processes of time/temperature control for safety foods shall not include meat, poultry, fish, or game animals.

(22) Convenience stores or other businesses that offer for sale only pre-packaged food from a food processing plant.

(23) Vending machines that provide only pre-packaged food from a food processing plant.

(B) The Department may require a facility to submit information sufficient to determine if the facility is exempt from the permit requirement or must apply for and obtain a retail food establishment permit. This information may include, but is not limited to, designation of charitable status, leases or proof of ownership, equipment specifications, menus, ingredient lists, food packaging, and food preparation methods.

(C) Although the establishments listed in 8-301.12(A) do not require a permit, the Department retains the authority to conduct an investigation in response to a complaint. The Department may require corrective action and issue orders as deemed necessary in response to food safety or health risks identified during the investigation.

Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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