S.C. Code Regs. § § 61-25.8-402
Current through Register Vol. 48, 12, December 27, 2024
Section 61-25.8-402 - Access8-402.11Access.(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. 8-402.20Refusal, Notification of Right to Access, and Final Request for Access.If a person denies access to the Department, the Department shall inform the person that:
(A) The permit holder is required to allow access by Department as specified under 8-402.11 of this regulation,(B) Access is a condition of the acceptance and retention of a retail food establishment permit to operate as specified under 8-304.11, and(C) If access is denied, the Department may issue an order for access pursuant to 8-402.11, obtain a warrant, or pursue access as allowed by other applicable laws.8-402.30Refusal, Reporting.If after the Department presents credentials as specified under 8-402.11, explains the authority upon which access is required, and the person in charge continues to refuse access, the Department shall provide details of the denial of access on an inspection report form.
8-402.40Order to Gain Access.If, after an order has been issued by the Department pursuant to 8-402.20(C), the Department is denied access to a retail food establishment for an authorized purpose, the Department may initiate enforcement action including assessment of civil penalties, permit suspension, and/or permit revocation as provided in 8-904.110 and 8-913.10.
S.C. Code Regs. § 61-25.8-402
Replaced and amended by State Register Volume 38, Issue No. 6, eff 6/27/2014; State Register Volume 43, Issue No. 05, eff. 5/24/2019.