S.C. Code Regs. § § 61-25.8-501

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

Section 61-25.8-501 - Investigation and Control

8-501.10Obtaining 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.

8-501.20Restriction or Exclusion of Food Employee or Summary Suspension of Permit.

Based on the findings of an investigation related to a food employee who is suspected of being infected or diseased, the Department may issue an order to the suspected food employee or permit holder instituting one or more of the following control measures:

(A) Restricting the food employee;

(B) Excluding the food employee; or

(C) Closing the retail food establishment by summarily suspending a permit to operate in accordance with law.

8-501.30Restriction or Exclusion Order: Prior Warning or Hearing Not Required, Information Required in Order.

Based on the findings of the investigation as specified in 8-501.10 and to control disease transmission, the Department may issue an order of restriction or exclusion to a suspected food employee or the permit holder without prior warning, notice of a hearing, or a hearing if the order:

(A) States the reasons for the restriction or exclusion that is ordered;

(B) States the evidence that the food employee or permit holder shall provide in order to demonstrate that the reasons for the restriction or exclusion are eliminated; and

(C) States that the suspected food employee or the permit holder may request a hearing as provided in law.

8-501.40Removal of Exclusions and Restrictions.

A food employee, or conditional employee shall be released from restriction or exclusion when the employee or conditional employee no longer poses a threat to the public health.

S.C. Code Regs. § 61-25.8-501

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.