S.C. Code Regs. § § 61-34.XII

Current through Register Vol. 48, No. 10, October 25, 2024

Section 61-34.XII - Enforcement

A. General.

This Regulation is issued under the authority of Sections 44-1-140(3) and 44-1-150, S.C. Code of Laws, 1976, as amended. It shall be enforced in accordance with interpretations and public health reasons approved by the Department.

B. Penalties.

Any person found to be in violation of this Regulation, in noncompliance with the issued permit, or in violation of an order issued by the Department shall be subject to civil monetary penalties, permit suspension, and/or permit revocation. Each day of continued violation shall be a separate offense.

C. Suspension of Permit.

1. The Department may temporarily suspend a permit whenever:

a. It has reason to believe that a public health hazard exists;

b. The permit holder has violated any of the requirements of this Regulation;

c. The permit holder has violated its permit or an order of the Department, including but not limited to, a hold order;

d. The permit holder has interfered with the Department in the performance of its duties, including willful refusal to allow an authorized inspection/audit; or

e. The permit holder exhibits hostile behavior toward a representative of the Department during the performance of duty.

2. The Department may, without warning, notice, or hearing, immediately suspend the permit of any producer of raw milk or raw milk products whenever, in the opinion of the Department, an imminent health hazard exists. An imminent health hazard may include, but is not limited to, a willful refusal to permit authorized inspection, serious or repeated violations of bacterial, coliform, somatic cell, or cooling temperature standards, violation of drug residue test standards, or the presence of pathogenic organisms. Upon such suspension of the permit, all processing, bottling, and/or distribution activities shall immediately cease and remain ceased while the permit is suspended. The suspension of permit shall remain in effect until the imminent health hazard has been corrected to the satisfaction of the Department.

3. A suspension of permit shall remain in effect until any violation has been corrected to the satisfaction of the Department.

D. Revocation of Permit.

The Department may revoke a permit for serious or repeated violations of any of the requirements of this Regulation, the permit, or an order of the Department, or for interference with the Department or its representatives in the performance of its duties, including willful refusal to allow an authorized inspection/audit. Notwithstanding any other provisions of this Regulation, the permit may be revoked if any Department representative is threatened with bodily harm or physical interference in the performance of inspectional duties.

E. Reinstatement of Permit.

1. Any producer whose permit has been suspended may submit a written application for the reinstatement of the permit. Any application for the reinstatement of a suspended permit must be in writing and must address all violations underlying the suspension and explain the steps taken to correct those violations.

2. Within seven (7) business days of the receipt of such an application, the Department shall make an inspection of the applicant's establishment, and as many additional inspections thereafter as are deemed necessary, to determine whether the conditions cited in the notice of suspension no longer exist. When the findings justify, the permit shall be reinstated.

3. When the permit suspension has been due to a violation of any of the bacteriological, coliform, somatic cell, cooling temperature, or drug residue test standards, the Department may issue a temporary permit whenever resampling of the herd's milk supply indicates the milk supply to be within acceptable limits as prescribed in Section VII. Samples shall then be taken at the rate of not more than two (2) per week on separate days within a three (3)-week period, and the Department shall reinstate the permit upon compliance with the appropriate standards as determined in accordance with Section V of this Regulation.

4. When a permit has been revoked, the holder of the revoked permit may submit a written application for a new permit; however, the Department may deny a new permit based upon past history, including previous enforcement, suspension, or revocation history.

5. Any person whose permit is revoked shall not be eligible to apply for re-permitting within one (1) year from the date of revocation. Any person whose permit has previously been revoked and who obtains a subsequent permit and violates the provisions of this Regulation, resulting in revocation of the permit for a second time, shall not be granted another permit for a period of five (5) years.

S.C. Code Regs. § 61-34.XII

Amended by State Register Volume 33, Issue No. 6, eff June 26, 2009; State Register Volume 46, Issue No. 04, eff. 4/22/2022.