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 61-25.8-405 - Correction of Violations
Universal Citation: SC Code Regs 61-25.8-405
Current through Register Vol. 48, No. 9, September 27, 2024
8-405.11 Correction of Violations.
(A) The
completed inspection report form shall specify a period of time for the
correction of the violations found. Implementation of corrective action of all
violations shall be within the following specified time periods:
(1) All priority and priority foundation
violations shall be corrected immediately. Considering the nature of the
potential hazard involved and the complexity of the corrective action needed,
the Department may schedule a follow-up inspection not to exceed ten (10)
calendar days from the date of the inspection.
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(2) All core violations that are operational
shall be corrected as soon as possible. Verification of correction will be made
at the time of the next routine inspection or earlier if deemed necessary by
the Department.
(3) Except as
specified in (4) of this section, all consecutive core violations shall be
corrected as soon as possible. A follow-up inspection shall be conducted to
confirm correction within ten (10) calendar days from the date of the
inspection.
(4) All core violations
that are structural shall be corrected by the next routine inspection; however,
additional time, not to exceed twelve (12) months, may be granted when such
allowances present no public health hazard and the permit holder provides a
written schedule for compliance.
(B) When a retail food establishment's
routine inspection score is in the Grade C range or lower (less than 78
points), a subsequent routine inspection must be performed within sixty (60)
calendar days of that C grade or lower inspection.
(C) Other than occurrences where a third
consecutive inspection is rated below seventy (70) as described in 8-904.110
(C), when the rating score of the retail food establishment is less than
seventy (70):
(1) The retail food
establishment shall be downgraded to a grade C.
(2) Immediate corrective action on all
identified priority, priority foundation, and core violations shall be
initiated.
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(a) If priority and priority foundation
violations cannot be corrected immediately the retail food establishment will
be given the opportunity to cease all operations and close the facility
voluntarily.
(b) If the retail food
establishment refuses to cease operations voluntarily, the Department shall
declare an imminent health hazard under
8-404.10.P
(3) Once a retail food establishment is
closed, the retail food establishment will be allowed to reopen when all
priority and priority foundation violations are corrected, as determined by the
Department.
(4) A follow-up
inspection shall be conducted within seventy-two (72) hours from the date of
the inspection and as often as necessary to assure correction. If the retail
food establishment fails to score seventy (70) or above on the follow-up
inspection, action to suspend the permit shall be initiated.
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