S.C. Code Regs. § § 61-36.III

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

Section 61-36.III - COMPLIANCE PROCEDURES

A. PERMIT.

1. It shall be unlawful for any PERSON to manufacture or distribute any MANUFACTURED GRADE DAIRY PRODUCT without a valid PERMIT issued by the DEPARTMENT for the specific MANUFCTURED GRADE DAIRY PRODUCTS PLANT or DISTRIBUTION STATION. Grocery stores, restaurants, and similar establishments where MANUFACTURED GRADE DAIRY PRODUCTS are served or sold at retail, but not processed (other than fountain freezing of APPROVED pasteurized MIX for FROZEN DESSERTS), may be exempt from the requirements of this section.

2. Every MANUFACTURED GRADE DAIRY PRODUCTS PLANT and MANUFACTURED GRADE DAIRY PRODUCTS DISTRIBUTION STATION must obtain a PERMIT. PERMITS are nontransferable with respect to PERSONS and/or locations.

B. Suspension of PERMIT.

1. The DEPARTMENT may 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; or

d. the PERMIT HOLDER has interfered with the DEPARTMENT in the performance of its duties.

A suspension shall remain in effect until the violation has been corrected to the satisfaction of the DEPARTMENT.

2. The DEPARTMENT may without prior warning or notice, suspend summarily a PERMIT to operate a MANUFACTURED GRADE DAIRY PRODUCTS PLANT or DISTRIBUTION STATION when the DEPARTMENT determines that the operation of the MANUFACTURED GRADE DAIRY PRODUCTS PLANT or DISTRIBUTION STATION, including but not limited to a willful refusal to permit authorized inspection, constitutes an IMMINENT HEALTH HAZARD. Upon summary PERMIT suspension, all manufacturing and distribution operations shall immediately cease. During the process, the PERMIT shall remain suspended unless the IMMINENT HEALTH HAZARD has been corrected.

3. Any MANUFACTURED GRADE DAIRY PRODUCTS MANUFACTURER or MANUFACTURED GRADE DAIRY PRODUCTS DISTRIBUTOR whose PERMIT has been suspended may make written application for the reinstatement of the PERMIT.

4. Within seven (7) BUSINESS DAYS of receiving the written application, the DEPARTMENT shall make inspections and/or collect samples for analysis to determine whether the conditions cited in the notice of suspension no longer exist. If conditions warrant, the DEPARTMENT may reinstate the PERMIT.

C. Revocation of PERMIT.

1. The DEPARTMENT may revoke a PERMIT for 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 staff in the performance of its duties. Notwithstanding any other provisions of this regulation, the PERMIT may be revoked if the DEPARTMENT is threatened with bodily harm or physical interference in the performance of inspectional duties.

2. The DEPARTMENT may deny a new PERMIT based upon past noncompliance, including previous enforcement, suspension, or revocation history.

3. 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. § 61-36.III

Replaced and amended by State Register Volume 44, Issue No. 06, eff. 6/26/2020.