South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-25 - Retail Food Establishments
Chapter 61-25.9 - STANDARDS FOR ADDITIONAL RETAIL FOOD ESTABLISHMENT OPERATIONS
Part 61-25.9-5 - SHARED USE OPERATIONS

Universal Citation: SC Code Regs 61-25.9-5

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

This standard shall apply to retail food establishments designed and operated for use by multiple permit holders.

(A) Definitions.

(1) Shared use operation means a facility designed for multiple and individually permitted retail food establishment(s) or other food processing plant(s) operating at different times using the same area and equipment for cooking, processing, or preparing food that is provided to the consumer. The purpose of a shared use operation is to provide farmers, caterers, gourmet food producers, and others interested in the production of food items, a facility to prepare food products. A shared use operation provides a licensed South Carolina Department of Agriculture or permitted retail food establishment the equipment and individual spaces necessary to prepare, package, store, and label their products. A shared use operation may also serve as a commissary for mobile food establishments provided it meets the requirements as per section 9-1, Mobile Food. Retail food establishments that prepare and serve food to highly susceptible populations such as those operated by health care facilities that are regulated by the Department shall not be approved as a shared use operation.

(2) Facilitator means the person responsible for all facility structural requirements, equipment, maintenance, and scheduling of a shared use operation.

(B) General.

(1) The facilitator shall obtain a retail food establishment permit and shall be responsible for the facility and equipment maintenance, utilities, refuse removal, and other common use services.

(2) A shared use operation and the associated retail food establishments shall comply with all applicable provisions of this regulation, except as outlined in this standard.

(3) The Department may prohibit the distribution of certain time/temperature control for safety food, and may modify specific requirements for physical facilities when, in the opinion of the Department, no health hazard will result.

(C) Compliance

(1) Facilitator.
(a) The facilitator shall provide to the Department the number of associated retail food establishments and/or licensed SCDA operators that the shared use kitchen can accommodate. The shared use operation shall not exceed this number of operators without first notifying the Department.

(b) The facilitator shall maintain a schedule of the associated retail food establishment(s) days and hours of operation. This information shall be provided to the Department weekly for purposes of inspections and foodborne outbreak or complaint investigations.

(c) Only those retail food establishment(s) that are scheduled to use the kitchen for a particular day and time will be allowed in the shared areas.

(d) The facilitator shall ensure that deliveries that are received are from approved sources and are placed into appropriate storage locations such that they are maintained at the required temperatures, protected from contamination, unadulterated and accurately presented.

(e) The facilitator shall provide notice to the Department prior to the addition or deletion of associated retail food establishments.

(2) Associated retail food establishments.
(a) Each proposed operator shall obtain a retail food establishment permit.

(b) Each associated retail food establishment shall be responsible for its own operation and shall be required to comply with all applicable sections of the regulation.

(c) Each associated retail food establishments shall have a secured dry storage area(s), and designated space in walk-in coolers and freezers for items exclusive to their operation.

(3) No person shall operate a shared use operation that does not have a permit issued by the Department pursuant to 8-301.11.

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

(5) Any person who proposes to operate a shared use operation must apply to the Department for a permit on the application form provided by the Department pursuant to 8-302.

(6) The Department shall be notified of any changes to the shared use operation or associated retail food establishment, such as, but not limited to, operations, equipment, or menu, in accordance with 8-304.11.

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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