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 61-25.8-304 - Conditions of Retention
Universal Citation: SC Code Regs 61-25.8-304
Current through Register Vol. 48, No. 9, September 27, 2024
8-304.10 Responsibilities of the Department.
(A) At the time a permit is first issued, the
permit holder shall demonstrate access to a copy of this regulation and that
the permit holder is knowledgeable of the compliance requirements and the
conditions of retention, as specified under 8-304.11, that are applicable to
the permit.
(B) Failure to provide
the information specified in (A) of this section does not prevent the
Department from taking authorized action or seeking remedies if the permit
holder fails to comply with this regulation or an order, warning, or directive
of the Department.
8-304.11 Requirement to Comply with Regulation and Conditions of Permit.
(A) Once a permit has been issued by the
Department, the permit holder, in order to retain the permit, shall:
(1) Comply with the provisions of this
regulation and all terms and conditions stated on the permit
document;
(2) As specified under
8-402.11, agree to allow the Department access to the retail food establishment
and to provide required information; and
(3) Pay to the Department annual inspection
fees as follows:
(a) Annually, each retail
food establishment shall determine and pay to the Department the applicable
inspection fee, based on the gross sales of food and food products for the
facility's previous business year, using the table below. As provided in
8-302.13(D), a person or facility applying for an Initial/First Year
Operational Permit or change of ownership for a retail food establishment shall
determine and pay to the Department the applicable inspection fee using the
table below, based on anticipated gross sales of food and food products during
the facility's first year of operations. Payment shall be due thirty (30) days
from the Department billing date. A penalty charge of fifty dollars ($50.00)
shall be assessed for fees that are thirty (30) days past due. A second penalty
charge of fifty dollars ($50.00) shall be assessed for fees that are sixty (60)
days past due. Permit holders of retail food establishments shall furnish
previous business year sales information upon request of the Department. This
information shall be exempt from disclosure pursuant to the South Carolina
Freedom of Information Act, S.C. Code Section
30-4-40(a)(2).
|
Sales |
Fee |
|
$0-$250,000 |
$100.00 |
|
$250,000 - $500,000 |
$150.00 |
|
$500,000 - $750,000 |
$200.00 |
|
$750,000 - $1,000,000 |
$250.00 |
|
$1,000,000 - $1,250,000 |
$300.00 |
|
$1,250,000 - $1,500,000 |
$350.00 |
|
$1,500,000 - $1,750,000 |
$400.00 |
|
$1,750,000 and above |
$450.00 |
(b) Failure to meet the requirements of
8-304.11(A)(3)(a) will result in initial permits not being issued or existing
permits being suspended. Retail food establishments that have not paid their
inspection fee and late payment penalties after ninety (90) days from the
original billing date shall have their permit suspended following service of
notice of suspension. The Department may reinstate a permit suspended for
failure to pay renewal fees upon payment of the fees, penalties, and a $25.00
reinstatement fee.
(c) The
following retail food establishments shall be exempt from fees:
(i) Retail food establishments that are
operated by a public or private school (kindergarten through grade twelve) or
that are operated by a child care facility that is licensed and inspected by
the Department of Social Services.
(ii) Retail food establishments operated by
health care facilities that are regulated and inspected by the
Department.
(iii) Retail food
establishments operated by other state agencies or local governments that
provide food for patients, clients, or inmates.
(iv) Retail food establishments operated by
non-profit organizations for the purpose of providing meals or food to needy
persons at little or no cost, or for the purpose of raising money for a
charitable cause. Non-profit organizations claiming exemption from fee charges
shall certify annually to the Department that the organization meets these
criteria and, upon request, provide documentation supporting any such
certification.
(4) Have access to and knowledge of this
regulation. Copies may be viewed on the Department website.
(5) Operate as a retail food establishment
(serve or sell food) for no less than fifteen (15) consecutive days annually,
or be in operation for at least one (1) day a week for no less than fifteen
(15) weeks annually.
(B)
The Department shall be notified prior to any retail food establishment changes
including, but not limited to, the following items:
(1) Location;
(2) Service or seating capacity;
(3) Drinking water or sewage disposal
provider;
(4) Change of hot water
generation and distribution system(s);
(5) Change of ownership;
(6) Permanent closure;
(7) Installation of equipment and/or
structural modifications;
(8) A
corrected billing or mailing address within ten (10) calendar days of any
change of address;
(9) Shared use
operations capacity.
(C)
The Department shall be notified prior to adding a food item to the menu that:
(1) Involves a food preparation process which
may consist of cooking, cooling, or reheating food which was not performed in
the retail food establishment or
(2) Poses a health risk to consumers because
it is a raw animal food served raw or undercooked.
(D) Once the Department is notified or
becomes aware of changes under (B)or (C) of this section, the Department may
amend the permit and may require additional changes as required by this
regulation.
(E) Any change under
(B) or (C) of this section, not previously approved or authorized by the
Department, may subject the retail food establishment to enforcement action,
including, but not limited to, civil penalties, permit suspension, permit
revocation, or a combination of these.
8-304.20 Permits Not Transferable.
A permit may not be transferred:
(A) From one person or legal entity to
another person or legal entity,
(B)
From one retail food establishment to another, or
(C) From one type of operation to another if
the food operation changes from the type of operation specified in the
application and the change in operation is not approved or
authorized.
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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