reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-25 - Retail Food Establishments › Chapter 61-25.6 - PHYSICAL FACILITIES › Part 61-25.6-1 - MATERIALS FOR CONSTRUCTION, AND REPAIR › Section 61-25.6-102 - OUTDOOR AREAS

Current through Register Vol. 48, No. 6, June 28, 2024
6-102.11
Surface Characteristics.
(A) The
				  outdoor walking and driving areas shall be surfaced with concrete, asphalt,
				  gravel, or other materials that have been effectively treated to minimize dust,
				  facilitate maintenance, and prevent muddy conditions.
(B) Exterior surfaces of buildings and mobile
				  food establishments shall be of weather-resistant materials and shall comply
				  with law.
(C) Outdoor storage areas
				  for refuse, recyclables, or returnables shall be of materials specified under
				  5-501.11 and 5-501.12.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-25 - Retail Food Establishments › Chapter 61-25.6 - PHYSICAL FACILITIES › Part 61-25.6-2 - DESIGN, CONSTRUCTION, AND INSTALLATION › Section 61-25.6-201 - Cleanability

Current through Register Vol. 48, No. 6, June 28, 2024
6-201.11
Floors, Walls, and Ceilings.
Except as specified under 6-201.14 and except for antislip
					 floor coverings or applications that may be used for safety reasons, floors,
					 floor coverings, walls, wall coverings, and ceilings shall be designed,
					 constructed, and installed so they are smooth and easily cleanable.
6-201.12
Floors, Walls, and
				  Ceilings, Utility Lines.
(A) Utility
				  service lines and pipes may not be unnecessarily exposed.
(B) Exposed utility service lines and pipes
				  shall be installed so they do not obstruct or prevent cleaning of the floors,
				  walls, or ceilings.
(C) Exposed
				  horizontal utility service lines and pipes may not be installed on the
				  floor.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-25 - Retail Food Establishments › Chapter 61-25.6 - PHYSICAL FACILITIES › Part 61-25.6-2 - DESIGN, CONSTRUCTION, AND INSTALLATION › Section 61-25.6-202 - Functionality

Current through Register Vol. 48, No. 6, June 28, 2024
6-202.11
Light Bulbs, Protective Shielding.
(A) Except as specified in (B) of this
				  section, light bulbs shall be shielded, coated, or otherwise shatter-resistant
				  in areas where there is exposed food, clean equipment, utensils and linens, or
				  unwrapped single-service and single-use articles.
(B) Shielded, coated, or otherwise
				  shatter-resistant bulbs need not be used in areas used only for storing food in
				  unopened packages, if:
(1) The integrity of
				  the packages cannot be affected by broken glass falling onto them and
(2) The packages are capable of being cleaned
				  of debris from broken bulbs before the packages are opened.
(C) An infrared or other heat lamp
				  shall be protected against breakage by a shield surrounding and extending
				  beyond the bulb so that only the face of the bulb is exposed.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-25 - Retail Food Establishments › Chapter 61-25.6 - PHYSICAL FACILITIES › Part 61-25.6-3 - NUMBERS AND CAPACITIES › Section 61-25.6-301 - Handwashing Sinks

Current through Register Vol. 48, No. 6, June 28, 2024
6-301.10
Minimum Number.
Handwashing sinks shall be provided as specified under
					 5-203.11.
6-301.11
Handwashing Cleanser, Availability.
Each handwashing sink or group of two (2) adjacent
					 handwashing sinks shall be provided with a supply of hand cleaning liquid,
					 powder, or bar soap. 
					 Pf
6-301.12
Hand Drying Provision.
Each handwashing sink or group of adjacent handwashing
					 sinks shall be provided with:
(A)
				  Individual disposable towels; 
				  Pf or
(B) A continuous towel system that supplies
				  the user with a clean towel; 
				  Pf or
(C) A heated-air hand drying device; 
				  Pf or
(D) A hand-drying device that employs an
				  air-knife system that delivers high velocity, pressurized air at ambient
				  temperatures. 
				  Pf
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-25 - Retail Food Establishments › Chapter 61-25.6 - PHYSICAL FACILITIES › Part 61-25.6-3 - NUMBERS AND CAPACITIES › Section 61-25.6-302 - Toilets and Urinals

Current through Register Vol. 48, No. 6, June 28, 2024
6-302.10
Minimum Number.
Toilets and urinals shall be provided as specified under
					 5-203.12.
6-302.11
Toilet Tissue, Availability
.
A supply of toilet tissue shall be available at each
					 toilet. 
					 Pf
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-25 - Retail Food Establishments › Chapter 61-25.6 - PHYSICAL FACILITIES › Part 61-25.6-3 - NUMBERS AND CAPACITIES › Section 61-25.6-303 - Lighting

Current through Register Vol. 48, No. 6, June 28, 2024
6-303.11
Intensity.
The light intensity shall be:
(A) At least ten (10) foot-candles (108 lux)
				  at a distance of thirty (30) inches (75 cm) above the floor, in walk-in
				  refrigeration units and dry storage areas, and in other areas and rooms during
				  periods of cleaning;
(B) At least
				  twenty (20) foot-candles (215 lux):
(1) At a
				  surface where food is provided for customer self-service such as buffets and
				  salad bars or where fresh produce or packaged foods are sold or offered for
				  consumption;
(2) Inside equipment
				  such as reach-in and under-counter refrigerators; and
(3) At a distance of thirty (30) inches (75
				  cm) above the floor in areas used for handwashing, warewashing, and equipment
				  and utensil storage, and in toilet rooms; and
(C) At least fifty (50) foot-candles (540
				  lux) at a surface where a food employee is working with food or working with
				  utensils or equipment such as knives, slicers, grinders, and saws where
				  employee safety is a factor.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-25 - Retail Food Establishments › Chapter 61-25.6 - PHYSICAL FACILITIES › Part 61-25.6-3 - NUMBERS AND CAPACITIES › Section 61-25.6-304 - Ventilation

Current through Register Vol. 48, No. 6, June 28, 2024
6-304.11
Mechanical.
If necessary to keep rooms free of excessive heat, steam,
					 condensation, vapors, obnoxious odors, smoke, and fumes, mechanical ventilation
					 of sufficient capacity shall be provided.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-25 - Retail Food Establishments › Chapter 61-25.6 - PHYSICAL FACILITIES › Part 61-25.6-3 - NUMBERS AND CAPACITIES › Section 61-25.6-305 - Dressings Areas and Lockers

Current through Register Vol. 48, No. 6, June 28, 2024
6-305.11
Designation.
(A) Dressing rooms
				  or dressing areas shall be designated if employees routinely change their
				  clothes in the establishment.
(B)
				  Lockers or other suitable facilities shall be provided for the orderly storage
				  of employees' clothing and other possessions.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-25 - Retail Food Establishments › Chapter 61-25.6 - PHYSICAL FACILITIES › Part 61-25.6-3 - NUMBERS AND CAPACITIES › Section 61-25.6-306 - Service Sinks

Current through Register Vol. 48, No. 6, June 28, 2024
6-306.10
Availability.
A service sink or curbed cleaning facility shall be
					 provided as specified in 5-203.13(A).
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-25 - Retail Food Establishments › Chapter 61-25.6 - PHYSICAL FACILITIES › Part 61-25.6-4 - LOCATION AND PLACEMENT › Section 61-25.6-401 - Handwashing Sinks

Current through Register Vol. 48, No. 6, June 28, 2024
6-401.10
Conveniently Located.
Handwashing sinks shall be conveniently located as
					 specified in 5-204.11.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-25 - Retail Food Establishments › Chapter 61-25.6 - PHYSICAL FACILITIES › Part 61-25.6-4 - LOCATION AND PLACEMENT › Section 61-25.6-402 - Toilet Rooms

Current through Register Vol. 48, No. 6, June 28, 2024
6-402.11
Convenience and Accessibility.
Toilet rooms shall be conveniently located and shall be
					 accessible to employees during all hours of operation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-25 - Retail Food Establishments › Chapter 61-25.6 - PHYSICAL FACILITIES › Part 61-25.6-4 - LOCATION AND PLACEMENT › Section 61-25.6-403 - Employee Accommodations

Current through Register Vol. 48, No. 6, June 28, 2024
6-403.11
Designated Areas.
(A) Areas designated for employees to eat,
				  drink, and use tobacco shall be located so that food, equipment, linens, and
				  single-service and single-use articles are protected from
				  contamination.
(B) Lockers or other
				  suitable facilities shall be located in a designated room or area where
				  contamination of food, equipment, utensils, linens, and single-service or
				  single-use articles can not occur.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-25 - Retail Food Establishments › Chapter 61-25.6 - PHYSICAL FACILITIES › Part 61-25.6-4 - LOCATION AND PLACEMENT › Section 61-25.6-404 - Distressed Merchandise

Current through Register Vol. 48, No. 6, June 28, 2024
6-404.11
Segregation and Location.
Products that are held by the permit holder for credit,
					 redemption, or return to the distributor, such as damaged, spoiled, or recalled
					 products, shall be segregated and held in designated areas that are separated
					 from food, equipment, utensils, linens, and single-service and single-use
					 articles. 
					 Pf
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-25 - Retail Food Establishments › Chapter 61-25.6 - PHYSICAL FACILITIES › Part 61-25.6-4 - LOCATION AND PLACEMENT › Section 61-25.6-405 - Refuse, Recyclables, and Returnables

Current through Register Vol. 48, No. 6, June 28, 2024
6-405.10
Receptacles, Waste Handling Units, and Designated Storage Areas.
Units, receptacles, and areas designated for storage of
					 refuse and recyclable and returnable containers shall be located as specified
					 under 5-501.19.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-25 - Retail Food Establishments › Chapter 61-25.6 - PHYSICAL FACILITIES › Part 61-25.6-5 - MAINTENANCE AND OPERATION › Section 61-25.6-501 - Premises, Structures, Attachments, and Fixtures - Methods

Current through Register Vol. 48, No. 6, June 28, 2024
6-501.11
Repairing.
Physical facilities shall be maintained in good
					 repair.
6-501.12
Cleaning, Frequency and Restrictions.
(A) Physical facilities shall be cleaned as
				  often as necessary to keep them clean.
(B) Except for cleaning that is necessary due
				  to a spill or other accident, cleaning shall be done during periods when the
				  least amount of food is exposed, such as after closing.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-25 - Retail Food Establishments › Chapter 61-25.7 - POISONOUS OR TOXIC MATERIALS › Part 61-25.7-1 - LABELING AND IDENTIFICATION › Section 61-25.7-101 - Original Containers

Current through Register Vol. 48, No. 6, June 28, 2024
7-101.11
Identifying Information, Prominence.
Containers of poisonous or toxic materials and personal
					 care items shall bear a legible manufacturer's
					 label.Pf
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-25 - Retail Food Establishments › Chapter 61-25.7 - POISONOUS OR TOXIC MATERIALS › Part 61-25.7-1 - LABELING AND IDENTIFICATION › Section 61-25.7-102 - Working Containers

Current through Register Vol. 48, No. 6, June 28, 2024
7-102.11
Common Name.
Working containers used for storing poisonous or toxic
					 materials such as cleaners and sanitizers taken from bulk supplies shall be
					 clearly and individually identified with the common name of the material. 
					 Pf
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-25 - Retail Food Establishments › Chapter 61-25.7 - POISONOUS OR TOXIC MATERIALS › Part 61-25.7-2 - OPERATIONAL SUPPLIES AND APPLICATIONS › Section 61-25.7-201 - Storage

Current through Register Vol. 48, No. 6, June 28, 2024
7-201.11
Separation.
Poisonous or toxic materials shall be stored so that they
					 cannot contaminate food, equipment, utensils, linens, and single-service and
					 single-use articles by:
(A) Separating
				  the poisonous or toxic materials by spacing or partitioning; 
				  P and
(B) Locating the poisonous or toxic materials
				  in an area that is not above food, equipment, utensils, linens, and
				  single-service and single-use articles. This paragraph does not apply to
				  equipment and utensil cleaners and sanitizers that are stored in warewashing
				  areas for availability and convenience if the materials are stored to prevent
				  contamination of food, equipment, utensils, linens, and single-service and
				  single-use articles 
				  P
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-25 - Retail Food Establishments › Chapter 61-25.7 - POISONOUS OR TOXIC MATERIALS › Part 61-25.7-2 - OPERATIONAL SUPPLIES AND APPLICATIONS › Section 61-25.7-202 - Presence and Use

Current through Register Vol. 48, No. 6, June 28, 2024
7-202.11
Restriction.
(A) Only those
				  poisonous or toxic materials that are required for operation and maintenance of
				  the retail food establishment, such as for the cleaning and sanitizing of
				  equipment and utensils and the control of insects and rodents, shall be allowed
				  in a retail food establishment. 
				  Pf
(B) This requirement does not apply to
				  packaged poisonous or toxic materials and medicines that are offered for retail
				  sale.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-25 - Retail Food Establishments › Chapter 61-25.7 - POISONOUS OR TOXIC MATERIALS › Part 61-25.7-2 - OPERATIONAL SUPPLIES AND APPLICATIONS › Section 61-25.7-203 - Container Prohibitions

Current through Register Vol. 48, No. 6, June 28, 2024
7-203.11
Chemical, Poisonous, or Toxic Material Containers.
A container previously used to store chemicals, including
					 poisonous or toxic materials, may not be used to store, transport, or dispense
					 food. 
					 P
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-25 - Retail Food Establishments › Chapter 61-25.7 - POISONOUS OR TOXIC MATERIALS › Part 61-25.7-2 - OPERATIONAL SUPPLIES AND APPLICATIONS › Section 61-25.7-204 - Chemicals

Current through Register Vol. 48, No. 6, June 28, 2024
7-204.11
Sanitizers, Criteria.
Chemical sanitizers, including chemical sanitizing
					 solutions generated on-site, and other chemical antimicrobials applied to
					 food-contact surfaces shall:
(A) Meet
				  the requirements specified in
				  40
				  CFR 180.940,
Tolerance Exemptions for
				  Active and Inert Ingredients for use in Antimicrobial Formulations
				  (Food-Contact Surface Sanitizing Solutions
), 
				  P or
(B) Meet the requirements as specified in
				  40 CFR
				  180.2020,
Pesticide Chemicals Not
				  Requiring a Tolerance or Exemption from Tolerance-Non-Food
				  Determinations.
P
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-25 - Retail Food Establishments › Chapter 61-25.7 - POISONOUS OR TOXIC MATERIALS › Part 61-25.7-2 - OPERATIONAL SUPPLIES AND APPLICATIONS › Section 61-25.7-205 - Lubricants

Current through Register Vol. 48, No. 6, June 28, 2024
7-205.11
Incidental Food Contact, Criteria.
Lubricants shall meet the requirements specified in
					 21 CFR
					 178.3570,
Lubricants with Incidental
					 Food Contact
, if they are used on food contact surfaces, on bearings
					 and gears located on or within food contact surfaces, or on bearings and gears
					 that are located so that lubricants may leak, drip, or be forced into food or
					 onto food contact surfaces. 
					 P
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-25 - Retail Food Establishments › Chapter 61-25.7 - POISONOUS OR TOXIC MATERIALS › Part 61-25.7-2 - OPERATIONAL SUPPLIES AND APPLICATIONS › Section 61-25.7-206 - Pesticides

Current through Register Vol. 48, No. 6, June 28, 2024
7-206.11
Restricted Use Pesticides, Criteria.
Restricted use pesticides specified in 7-202.12(C) shall
					 meet the requirements specified in 40 CFR 152, Subpart I,
Classification of Pesticides
. 
					 P
7-206.12
Rodent Bait Stations.
Rodent bait shall be contained in a covered,
					 tamper-resistant bait station. 
					 P
7-206.13
Tracking Powders, Pest
				  Control, and Monitoring.
(A) Except as
				  specified in (B) of this section, a tracking powder may not be used in retail
				  food establishments. 
				  P
(B) If used, a nontoxic tracking powder, such
				  as talcum or flour, may not contaminate food, equipment, utensils, linens, and
				  single-service and single-use articles.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-25 - Retail Food Establishments › Chapter 61-25.7 - POISONOUS OR TOXIC MATERIALS › Part 61-25.7-2 - OPERATIONAL SUPPLIES AND APPLICATIONS › Section 61-25.7-207 - Medicines

Current through Register Vol. 48, No. 6, June 28, 2024
7-207.11
Restriction and Storage.
(A)
				  Except for medicines that are stored or displayed for retail sale, only those
				  medicines that are necessary for the health of employees shall be allowed in a
				  retail food establishment. 
				  Pf
(B) Medicines that are in a retail food
				  establishment for the employees' use shall be labeled as specified under
				  7-101.11 and located to prevent the contamination of food, equipment, utensils,
				  linens, and single-service and single-use
				  articles.P
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-25 - Retail Food Establishments › Chapter 61-25.7 - POISONOUS OR TOXIC MATERIALS › Part 61-25.7-2 - OPERATIONAL SUPPLIES AND APPLICATIONS › Section 61-25.7-208 - First Aid Supplies

Current through Register Vol. 48, No. 6, June 28, 2024
7-208.11
Storage
First aid supplies that are in a retail food establishment
					 for the employees' use shall be:
(A)
				  Labeled as specified under 7-101.11 
				  Pf and
(B) Stored in a kit or a container that is
				  located to prevent the contamination of food, equipment, utensils, linens, and
				  single-service and single-use articles. 
				  P
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-25 - Retail Food Establishments › Chapter 61-25.7 - POISONOUS OR TOXIC MATERIALS › Part 61-25.7-2 - OPERATIONAL SUPPLIES AND APPLICATIONS › Section 61-25.7-209 - Other Personal Care Items

Current through Register Vol. 48, No. 6, June 28, 2024
7-209.11
Storage.
Except as specified under 7-207.12 and 7-208.11, employees
					 shall store their personal care items in facilities as specified under
					 6-305.11(B).
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-25 - Retail Food Establishments › Chapter 61-25.7 - POISONOUS OR TOXIC MATERIALS › Part 61-25.7-3 - STOCK AND RETAIL SALE › Section 61-25.7-301 - Storage and Display

Current through Register Vol. 48, No. 6, June 28, 2024
7-301.11
Separation.
Poisonous or toxic materials shall be stored and displayed
					 for retail sale so they cannot contaminate food, equipment, utensils, linens,
					 and single-service and single-use articles by:
(A) Separating the poisonous or toxic
				  materials by spacing or partitioning 
				  P and
(B) Locating the poisonous or toxic materials
				  in an area that is not above food, equipment, utensils, linens, and
				  single-service or single-use articles. 
				  P
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 61-25.8-1 - REGULATION APPLICABILITY › Section 61-25.8-101 - Use for Intended Purpose

Current through Register Vol. 48, No. 6, June 28, 2024
8-101.10
Public Health
				  Protection.
Retail food establishments in operation prior to the
					 effective date of this regulation and in compliance with the previous
					 regulation, but which do not fully comply with all the construction, equipment,
					 and physical requirements of this regulation, shall be deemed acceptable
					 provided the facilities and equipment:
(A) Are capable of being maintained in a
				  sanitary condition;
(B) Are not a
				  public health hazard or nuisance; and
(C) Are replaced in the normal course of
				  operation with equipment and facilities that meet the requirements of this
				  regulation.
(D) This section shall
				  not apply to equipment installed or construction begun after the effective date
				  of this regulation.
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 61-25.8-1 - REGULATION APPLICABILITY › Section 61-25.8-102 - Additional Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
8-102.10
Preventing Health Hazards, Provision for Conditions Not Addressed.
(A) If necessary to protect against public
				  health hazards or nuisances, the Department may impose specific requirements
				  that are authorized by law in addition to the requirements contained in this
				  regulation.
(B) The Department
				  shall document the conditions that necessitate the imposition of additional
				  requirements and the underlying public health rationale. The documentation
				  shall be provided to the permit applicant or permit holder and a copy shall be
				  maintained in the Department file for the retail food establishment.
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 61-25.8-1 - REGULATION APPLICABILITY › Section 61-25.8-103 - Variances

Current through Register Vol. 48, No. 6, June 28, 2024
8-103.10
Modifications and Waivers.
(A)
				  The Department may grant a variance by modifying or waiving the requirements of
				  this regulation if, in the opinion of the Department, a health hazard or
				  nuisance will not result from the variance. If a variance is granted, the
				  Department shall retain the information specified under 8-103.11 in its records
				  for the retail food establishment.
(B) When a retail food establishment desires
				  to use a construction procedure inconsistent with the regulation or use
				  materials and/or equipment other than specified in this regulation, a variance
				  may be requested from the Department. Such a request must:
(1) Be submitted in writing,
(2) Include a description of the material(s),
				  equipment, and/or construction procedure(s) proposed, and
(3) Identify the material, equipment and/or
				  procedure required by the regulation, and include proof of
				  equivalency.
(C) The
				  Department shall only consider a complete request for approval of a variance.
				  The Department's decision on such a variance will be final.
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 61-25.8-2 - PLAN SUBMISSION AND APPROVAL › Section 61-25.8-201 - Operating Plans

Current through Register Vol. 48, No. 6, June 28, 2024
8-201.13
When a HACCP Plan is Required.
(A) Before engaging in an activity that
				  requires a HACCP plan, a permit applicant or permit holder shall submit to the
				  Department for approval a properly prepared HACCP plan as specified under
				  8-201.14 and the relevant provisions of this regulation if:
(1) Submission of a HACCP plan is required by
				  a section of this regulation;
(2) A
				  variance is required as specified under 3-401.11(D)(4) and 3-502.11;
(3) The Department determines that a food
				  preparation or processing method requires a variance based on a plan submittal,
				  an inspectional finding, or a variance request.
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 61-25.8-2 - PLAN SUBMISSION AND APPROVAL › Section 61-25.8-203 - Construction Inspection and Approval

Current through Register Vol. 48, No. 6, June 28, 2024
8-203.10
Preoperational Inspections.
The Department shall conduct preoperational inspection(s)
					 to verify that the retail food establishment is constructed and equipped in
					 accordance with this regulation. The permit holder or representative of the
					 permit holder must request the preoperational inspection fourteen (14) days
					 prior to an inspection to issue a permit.
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 61-25.8-3 - PERMIT TO OPERATE › Section 61-25.8-301 - Requirement

Current through Register Vol. 48, No. 6, June 28, 2024
8-301.11
Prerequisite for Operation.
(A)
				  No person shall operate a retail food establishment without a valid permit to
				  operate issued by the Department. 
				  Pf
(B) Only a person who complies with the
				  requirements of this regulation shall be entitled to receive and retain such a
				  permit.
(C) The permit shall be
				  kept in the retail food establishment and shall be accessible at all
				  times.
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 61-25.8-3 - PERMIT TO OPERATE › Section 61-25.8-302 - Application Procedure

Current through Register Vol. 48, No. 6, June 28, 2024
8-302.11
Submission Thirty (30) Calendar Days Before Proposed Opening.
An applicant shall submit a complete application for a
					 permit at least thirty (30) calendar days before the date planned for opening a
					 retail food establishment except as specified in 8-303.20 (A)(1).
8-302.12
Form of
				  Submission.
A person desiring to operate a retail food establishment
					 shall submit to the Department a written application for a permit on a form
					 provided by the Department.
8-302.13
Qualifications and
				  Responsibilities of Applicants.
To qualify for a permit, an applicant shall:
(A) Be an owner of the proposed retail food
				  establishment or an officer of the legal entity owning the proposed retail food
				  establishment;
(B) Comply with the
				  requirements of this regulation;
(C) As specified under 8-402.11, agree to
				  allow access to the retail food establishment and to provide required
				  information; and
(D) Pay the
				  applicable Initial Permit/First Year Operational fee of one hundred dollars
				  ($100.00) plus the applicable annual inspection fee for the anticipated gross
				  sales of food and food products as identified in the table in section
				  8-304.11(A)(3) at the time the application is submitted. The fee shall be paid
				  prior to the issuance of the permit.
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 61-25.8-3 - PERMIT TO OPERATE › Section 61-25.8-303 - Issuance

Current through Register Vol. 48, No. 6, June 28, 2024
8-303.10
New,
				  Converted, or Remodeled Establishments.
The Department shall issue a permit to the applicant only
					 after the following are submitted or completed:
(A) A properly completed
				  application;
(B) Documentation that
				  the construction of this facility meets the standards set forth in this
				  regulation and all other applicable regulations and codes; and
(C) A preoperational inspection as specified
				  in 8-203.10 shows that the establishment is built or remodeled in accordance
				  with this regulation.
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 61-25.8-3 - PERMIT TO OPERATE › Section 61-25.8-304 - Conditions of Retention

Current through Register Vol. 48, No. 6, June 28, 2024
8-304.10
Responsibilities of the Department.
(A) At the time a permit is first issued, the
				  permit holder shall demonstrate access to a copy of this regulation and that
				  the permit holder is knowledgeable of the compliance requirements and the
				  conditions of retention, as specified under 8-304.11, that are applicable to
				  the permit.
(B) Failure to provide
				  the information specified in (A) of this section does not prevent the
				  Department from taking authorized action or seeking remedies if the permit
				  holder fails to comply with this regulation or an order, warning, or directive
				  of the Department.
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 61-25.8-402 - Access

Current through Register Vol. 48, No. 6, June 28, 2024
8-402.11
Access.
(A) The Department
				  staff, after proper identification, shall be allowed to enter any retail food
				  establishment at any time the establishment is occupied for the purpose of
				  making an announced, unannounced, or complaint inspection(s) to determine
				  compliance with this regulation.
(B) The Department staff shall be allowed to
				  examine all areas of the facility and all records of the retail food
				  establishment to obtain information pertaining to equipment, food, or supplies
				  purchased, received, or used.
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

Current through Register Vol. 48, No. 6, June 28, 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. 
				  P
(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.
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

Current through Register Vol. 48, No. 6, June 28, 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. 
				  Pf
(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.
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 61-25.8-5 - PREVENTION OF FOODBORNE DISEASE TRANSMISSION BY EMPLOYEES › Section 61-25.8-501 - Investigation and Control

Current through Register Vol. 48, No. 6, June 28, 2024
8-501.10
Obtaining Information: Personal History of Illness, Medical Examination,
				  and Specimen Analysis.
The Department shall act when it has reasonable cause to
					 believe that a food employee or conditional employee has possibly transmitted
					 disease; may be infected with a disease in a communicable form that is
					 transmissible through food; may be a carrier of infectious agents that cause a
					 disease that is transmissible through food; or is affected with a boil, an
					 infected wound, or acute respiratory infection, by:
(A) Securing a confidential medical history
				  of the food employee or conditional employee suspected of transmitting disease
				  or making other investigations as deemed appropriate; and/or
(B) Requiring appropriate medical
				  examinations, including collection of specimens for laboratory analysis, of a
				  suspected food employee or conditional employee.
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 61-25.8-6 - CONSTITUTIONAL PROTECTION › Section 61-25.8-602 - Judicial Review

Current through Register Vol. 48, No. 6, June 28, 2024
8-602.10
Rights of Recipients of Orders or Decisions.
A recipient of a Department decision or order may appeal
					 the decision or order in accordance with applicable law.
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 61-25.8-7 - AUTHORITY › Section 61-25.8-701 - Legal Authority

Current through Register Vol. 48, No. 6, June 28, 2024
8-701.10
Adoption of Regulations and Enforcement.
(A) This regulation is issued under the
				  authority of S.C. Code of Laws, Section
				  44-1-140,
				  and shall be enforced by the Department.
(B) Should any chapter, paragraph, sentence,
				  clause, or phrase of this regulation be declared unconstitutional or invalid
				  for any reason, the remainder of this regulation shall not be affected
				  thereby.
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 61-25.8-9 - REMEDIES › Administrative › Section 61-25.8-903 - Holding, Examination, and Destruction of Food

Current through Register Vol. 48, No. 6, June 28, 2024
8-903.10
Hold Orders, Justifying
					 Conditions, and Removal of Food.
(A)
					 The Department may place a hold order on a food which is believed to be in
					 violation of this regulation that:
(1)
					 Originated from an unapproved source;
(2) May be unsafe, adulterated, or not
					 honestly presented;
(3) Is not
					 labeled according to law, or, if raw molluscan shellfish, is not tagged or
					 labeled according to law; or
(4) Is
					 otherwise not in compliance with this regulation.
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 61-25.8-9 - REMEDIES › Administrative › Section 61-25.8-904 - Permit Suspension

Current through Register Vol. 48, No. 6, June 28, 2024
8-904.10
Conditions Warranting Summary Suspension.
The Department may summarily suspend a permit to operate
						a retail food establishment if it determines through inspection, or examination
						of employees, food, records, or other means as specified in this regulation,
						that an imminent health hazard exists.
8-904.20
Summary Suspension, Warning,
					 or Hearing Not Required.
The Department may summarily suspend a retail food
						establishment's permit by providing written notice of the summary suspension to
						the permit holder or person in charge, without prior warning, notice of a
						hearing, or a hearing.
8-904.30
Contents of the Summary
					 Suspension Notice.
A summary suspension notice shall state:
(A) That the retail food establishment permit
					 is immediately suspended and that all food operations shall immediately
					 cease;
(B) The reasons for summary
					 suspension with reference to the provisions of this regulation that are in
					 violation;
(C) The name and address
					 of the Department representative to whom a written request for re-inspection
					 may be made and who may certify that reasons for the suspension are eliminated;
					 and
(D) That the permit holder may
					 request a hearing in accordance with applicable law.
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 61-25.8-9 - REMEDIES › Administrative › Section 61-25.8-905 - Appeals

Current through Register Vol. 48, No. 6, June 28, 2024
8-905.10
Appeals.
A Department decision to deny an application for a
						permit, deny a request for a variance, impose a penalty, or suspend or revoke a
						permit may be appealed pursuant to applicable law.
All appeals and hearings shall be conducted in accordance
						with applicable law.
8-905.40
					 Hearings and Appeals Procedures.
All appeals and hearings shall be conducted in accordance
						with applicable law.
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 61-25.8-9 - REMEDIES › Judicial › Section 61-25.8-913 - Civil Penalties

Current through Register Vol. 48, No. 6, June 28, 2024
8-913.10
Penalties.
Civil penalties for violations of this regulation or an
						order of the Department may be imposed pursuant to S.C. Code Ann. Section
						44-1-150.
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 61-25.9-1 - MOBILE FOOD

Current through Register Vol. 48, No. 6, June 28, 2024
This standard shall apply to the construction and operation
				  of mobile food units as part of a retail food establishment.
(A)
Definitions.
(1) A
mobile food establishment
consists of a commissary and mobile food unit(s) or mobile food pushcart(s).
				The food service portion of the operation is conducted from a movable driven or
				propelled vehicle, portable structure, or watercraft that can change
				location.
(2) A
commissary
is a permitted retail food establishment that is
				authorized by the Department to provide support of operations, storage, and
				servicing area for mobile food units or mobile food pushcarts, and is
				constructed and operated in compliance with the requirements of this regulation
				and standard. 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 commissary.
(3)
Mobile food units
are fully enclosed mobile kitchens that may prepare, cook, or serve
				time/temperature control for safety foods as an extension of the commissary. A
				mobile food unit must be permitted by the Department in order to operate from a
				retail food establishment.
(4)
Mobile food pushcarts
are limited food service units that operate
				as an extension of a commissary. A mobile food pushcart must be permitted by
				the Department in order to operate from a commissary.
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 61-25.9-2 - MEAT/MEAT PRODUCT AND FISH/FISH PRODUCT SALES

Current through Register Vol. 48, No. 6, June 28, 2024
This standard shall apply to meat/meat products and fish/fish
				  products from source or preparation site to the point of sale.
(A)
General.
(1) Meat/meat products and fish/fish products
				shall be protected from contamination by use of packaging or covered containers
				while being transported.
(2)
				Meat/meat products and fish/fish products being transported shall meet the
				requirements and sections of this regulation relating to approved source, food
				supplies, food protection, food storage, and sanitary control of liquid
				waste.
(3) Acceptable products for
				meat/meat products and fish/fish products sales under this standard are as
				follows:
(a) Prepackaged frozen meat and
				fish/fish products which are processed and packaged in an approved food
				processing plant and are sold by the package or case,
(b) Fresh unprocessed fish/fish products from
				an approved source which are whole, or
(c) Fresh unprocessed shrimp with either the
				heads on or heads removed.
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 61-25.9-3 - OUTDOOR PET DINING

Current through Register Vol. 48, No. 6, June 28, 2024
This standard shall apply to outdoor dining areas where table
				  service of food is provided and shall not apply to customer pick up take out
				  service with picnic type dining areas that may be provided by a retail food
				  establishment
(A)
Definition.
A
pet
is defined as domesticated cats, dogs, and
				  ferrets.
(B)
General.
(1) A retail food service
				establishment may allow customers to be accompanied by pets in an outdoor
				dining area provided the retail food service establishment complies with the
				requirements of this section and all other applicable sections of this
				regulation.
(2) Pets at retail food
				establishments shall also comply with the South Carolina Rabies Control Act
				Section
				47-5-60.
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 61-25.9-4 - WILD MUSHROOM FORAGING

Current through Register Vol. 48, No. 6, June 28, 2024
Wild foraged mushrooms species must be individually inspected
				  and found to be safe by an approved mushroom identification expert that:
(A) Has met the requirements of knowledge and
				passed an exam given by a 3rd party certifier that has been approved by the
				Department; and
(B) Will harvest
				only those mushrooms species listed below:
Pink Chanterelles (Cantharellus cinnabarinus)
Golden Chanterelles (Cantharellus cibarius, C. lateritius, C.
				  Appalachiensis)
Yellow Morel (Morchella esculenta)
Tulip Morel (Morchella deliciosa)
Black morel (Morchella elata)
Black Trumpet (Craterellus fallax)
Lobster (Hypomyces lactifluorum)
Wood Ears (Auricula auricularia, A. Fuscosuccinea)
Chicken of the Woods (Laetiporus sulphureus, L.cincinnatus,
				  L.perscinus)
Beefsteak (Fistulina hepatica)
Hedgehog (Hydnum repandum)
Lions Mane or Pom Pom (Hericium erinaceus, H.ramosum)
White Oyster Mushroom (Pleurotus ostreatus, P. pulmonarius,
				  P. populinus, P.floridanus)
Cauliflower (Sparassis crispa, S.herbstii,
				  S.spathulata)\
Maitake (Grifola frondosa)
Blewits (Clitocybe nuda)
Honey (Armillaria ostoyae, A.mellea, A.tabescens)
Blue Milky (Lactarius indigo)
Golden Milkies (Lactarius corrugis, L.volemus)
Pecan Truffle (Tuber lyonii).
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

Current through Register Vol. 48, No. 6, June 28, 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.