South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-36 - Frozen Desserts
Section 61-36.V - INSPECTION OF MANUFACTURED GRADE DAIRY PRODUCTS PLANTS, AND MANUFACTURED GRADE DAIRY PRODUCTS DISTRIBUTION STATIONS

Universal Citation: SC Code Regs 61-36.V

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

A. Each MANUFACTURED GRADE DAIRY PRODUCTS MANUFACTURER whose MANUFACTURED GRADE DAIRY PRODUCTS are intended for consumption within South Carolina or its jurisdiction shall be inspected by the DEPARTMENT prior to the issuance of a PERMIT.

B. Following the issuance of a PERMIT, the DEPARTMENT will inspect each MANUFACTURED GRADE DAIRY PRODUCTS MANUFACTURER and DISTRIBUTOR at a frequency determined by the RISK level assigned to the product(s) being manufactured or distributed, or as otherwise deemed necessary by the DEPARTMENT to determine compliance with this regulation.

C. When the DEPARTMENT finds a critical processing element violation involving:

1. Improper PASTEURIZATION, whereby every particle of a MANUFACTURED GRADE DAIRY PRODUCT may not have been heated to the proper temperature and held for the required time in properly designed and operated equipment; or

2. Cross contamination whereby direct contamination of a PASTEURIZED MANUFACTURED GRADE DAIRY PRODUCT is occurring; or

3. Conditions whereby direct contamination of a MANUFACTURED GRADE DAIRY PRODUCT is occurring, the DEPARTMENT shall take immediate action to prevent further processing of such MIX or MANUFACTURED GRADE DAIRY PRODUCT until all violations of critical processing element(s) have been corrected. Should correction of such critical processing elements not be accomplished immediately, the DEPARTMENT will take prompt action to suspend the PERMIT as provided for in Section III of this regulation.

D. In the case of a plant producing ASEPTICALLY PROCESSED MIX, when an inspection of the plant or its records reveal that the process used has been less than the required scheduled process, as per the PMO, it shall be considered an IMMINENT HEALTH HAZARD and the DEPARTMENT shall take immediate action to suspend the PERMIT of the plant for the sale of aseptically processed MANUFACTURED GRADE DAIRY PRODUCTS in conformance with Section III of this regulation.

E. A copy of the inspection report will be provided either electronically or in paper form to the PERMIT HOLDER, manager, or other duly authorized representative.

F. Every MANUFACTURED GRADE DAIRY PRODUCTS MANUFACTURER and DISTRIBUTOR shall, upon request of a DEPARTMENT representative, permit the DEPARTMENT access to all parts of the establishment or facilities to determine compliance with the provisions of this regulation. A PERMIT HOLDER, manager, or other duly authorized representative shall furnish the DEPARTMENT, upon request and for official use only, a true statement of the actual quantities of MANUFACTURED GRADE DAIRY PRODUCT purchased and sold, and a list of all sources of such MANUFACTURED GRADE DAIRY PRODUCT, records of inspections, records of tests, and PASTEURIZATION time and temperature records.

G. It is unlawful for any PERSON who, in an official capacity, obtains any information under the provisions of this regulation which is entitled to protection as a trade secret, to use such information to his or her own advantage or to reveal it to any unauthorized PERSON.

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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.