S.C. Code Regs. § § 61-25.8-404

Current through Register Vol. 48, 12, December 27, 2024

Section 61-25.8-404 - Imminent Health Hazard

8-404.11Imminent 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.

8-404.12Resumption of Operations.

(A) If operations are discontinued as specified under 8-404.11 or otherwise according to law, the permit holder shall obtain approval from the Department before resuming operation.

(B) Notwithstanding 8-904.20, a permit suspended for an imminent health hazard shall remain suspended until the imminent health hazard has been corrected.

S.C. Code Regs. § 61-25.8-404

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.