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 61-25.8-4 - INSPECTION AND CORRECTION OF VIOLATIONS
Section 61-25.8-404 - Imminent Health Hazard
Universal Citation: SC Code Regs 61-25.8-404
Current through Register Vol. 48, No. 9, September 27, 2024
8-404.11 Imminent Health Hazard.
(A) The
Department, without prior notice or hearing, may suspend the permit to operate
a retail food establishment when it is determined that the operation of the
retail food establishment constitutes an imminent health hazard to public
health except as specified under (E) of this section.
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(B) Following permit suspension due to an
imminent health hazard, all food service operations shall immediately
cease.
(C) The Department shall
promptly notify, in writing, the permit holder, person in charge, or an
employee of the specific reasons for which the permit was suspended.
(D) A retail food establishment may
voluntarily close prior to the Department declaring an imminent health hazard
but shall remain closed until authorized by the Department to resume
operations.
(E) A permit holder may
continue operations in areas of the establishment that are unaffected by the
imminent health hazard.
(F)
Considering the nature of the potential hazard involved and the complexity of
the corrective action needed, the Department may, but is not required to, agree
to continuing operations in the event of an extended interruption of electrical
or water service if:
(1) A written emergency
operating plan has been approved by the Department;
(2) Immediate corrective action is taken to
eliminate, prevent, or control any food safety risk and imminent health hazard
associated with the electrical or water service interruption; and
(3) The Department is informed upon
implementation of the written emergency operating plan.
8-404.12 Resumption of Operations.
(A) If
operations are discontinued as specified under 8-404.11 or otherwise according
to law, the permit holder shall obtain approval from the Department before
resuming operation.
(B)
Notwithstanding 8-904.20, a permit suspended for an imminent health hazard
shall remain suspended until the imminent health hazard has been
corrected.
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