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 61-25.8-403 - Report of Findings

Current through Register Vol. 48, No. 6, June 28, 2024
8-403.10
Documenting Information and Observations.
(A) The findings shall be recorded on the
				  inspection report, and upon completion of the inspection, the weighted sum of
				  the items in violation shall be totaled and subtracted from one hundred (100)
				  to determine the numerical score.
(B) The Department may use whatever means
				  necessary to record violations, including, but not limited to, electronic
				  inspection programs, manual inspection forms, photographs, video, and printed
				  materials.
(C) Grades of permitted
				  retail food establishments shall be as follows:
(1) Grade A - A permitted retail food
				  establishment having a rating score of eighty-eight to one hundred (88-100)
				  points.
(2) Grade B - A permitted
				  retail food establishment having a rating score of seventy eight to eighty
				  seven (78-87) points.
(3) Grade C -
				  A permitted retail food establishment having a rating score of seventy-seven
				  (77) or less points.
(D)
				  Immediately following each inspection, the Department shall post the
				  appropriate grade decal in the retail food establishment, and shall furnish a
				  copy of the completed inspection report to the permit holder, person in charge,
				  or an employee of the retail food establishment.
(E) A grade decal shall be posted by the
				  Department in a location that is conspicuous to consumers. The retail food
				  establishment shall not obscure, cover, deface, relocate, or remove the posted
				  grade decal.
(F) Notwithstanding
				  the grade criteria established in (C) of this section, when a consecutive
				  violation is discovered, the Department may:
(1) Schedule appropriate follow-up
				  inspections as specified in 8-405.11; or
(2) Downgrade the retail food establishment
				  to the next lower grade; or
(3)
				  Suspend the permit.
(G)
				  Notwithstanding the grade criteria established in (C) of this section, there
				  are circumstances and conditions under which the grade decal posted may differ
				  from the numerical score of the inspection report:
(1) When the retail food establishment is
				  under enforcement action; or
(2)
				  When the retail food establishment has a consecutive violation(s).
(3) When, in accordance with S.C. Code Ann.
				  Section
				  1-23-370,
				  the retail food establishment is under the following pending enforcement
				  actions,
(a) Imminent health
				  hazard,
(b) Permit suspension,
				  or
(c) Permit revocation.
(H) The permit holder
				  or operator of any retail food establishment in which the grade has been
				  lowered may request an inspection for the purpose of re-grading the retail food
				  establishment. The request shall include a signed statement by the permit
				  holder, person in charge, or employee that all violations have been corrected.
				  The Department shall respond to the request within ten (10) calendar
				  days.