Current through Register Vol. 48, No. 9, September 27, 2024
8-403.10
Documenting Information and Observations.
(A) The findings shall be recorded on the
inspection report, and upon completion of the inspection, the weighted sum of
the items in violation shall be totaled and subtracted from one hundred (100)
to determine the numerical score.
(B) The Department may use whatever means
necessary to record violations, including, but not limited to, electronic
inspection programs, manual inspection forms, photographs, video, and printed
materials.
(C) Grades of permitted
retail food establishments shall be as follows:
(1) Grade A - A permitted retail food
establishment having a rating score of eighty-eight to one hundred (88-100)
points.
(2) Grade B - A permitted
retail food establishment having a rating score of seventy eight to eighty
seven (78-87) points.
(3) Grade C -
A permitted retail food establishment having a rating score of seventy-seven
(77) or less points.
(D)
Immediately following each inspection, the Department shall post the
appropriate grade decal in the retail food establishment, and shall furnish a
copy of the completed inspection report to the permit holder, person in charge,
or an employee of the retail food establishment.
(E) A grade decal shall be posted by the
Department in a location that is conspicuous to consumers. The retail food
establishment shall not obscure, cover, deface, relocate, or remove the posted
grade decal.
(F) Notwithstanding
the grade criteria established in (C) of this section, when a consecutive
violation is discovered, the Department may:
(1) Schedule appropriate follow-up
inspections as specified in 8-405.11; or
(2) Downgrade the retail food establishment
to the next lower grade; or
(3)
Suspend the permit.
(G)
Notwithstanding the grade criteria established in (C) of this section, there
are circumstances and conditions under which the grade decal posted may differ
from the numerical score of the inspection report:
(1) When the retail food establishment is
under enforcement action; or
(2)
When the retail food establishment has a consecutive violation(s).
(3) When, in accordance with S.C. Code Ann.
Section
1-23-370,
the retail food establishment is under the following pending enforcement
actions,
(a) Imminent health
hazard,
(b) Permit suspension,
or
(c) Permit revocation.
(H) The permit holder
or operator of any retail food establishment in which the grade has been
lowered may request an inspection for the purpose of re-grading the retail food
establishment. The request shall include a signed statement by the permit
holder, person in charge, or employee that all violations have been corrected.
The Department shall respond to the request within ten (10) calendar
days.
8-403.20
Specifying Time Frame for Corrections.
The Department shall specify on the inspection report form
the time frame for correction of the violations as specified under 8-404.11 and
8-405.11.
8-403.30
Issuing Report and Obtaining Acknowledgment of Receipt.
A copy of the completed inspection report form shall be
furnished to the permit holder, person in charge, or an employee at the
conclusion of the inspection. The report may be furnished in either electronic
or printed form.
8-403.40
Refusal to Sign Acknowledgement.
The Department shall inform a person who declines to sign
an acknowledgment of receipt of inspectional findings as specified in 8-403.30
that:
(A) An acknowledgment of receipt
is not an agreement with findings;
(B) Refusal to sign an acknowledgment of
receipt will not affect the permit holder's obligation to correct the
violations noted in the inspection report within the time frames specified;
and
(C) Refusal to sign an
acknowledgment of receipt is noted in the inspection report and maintained in
the Department's record for the retail food establishment.
8-403.50
Public Information.
The Department shall treat inspection reports as public
documents and shall make them available for disclosure to persons upon request
as provided in law.
