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Ex. DUT-SC-016 Standing duty Primary source read

S.C. Code Regs. 61-25, Retail Food Establishments (within the Legislative Council's compilation 'Chapter 61-18 through 61-58.17')

Retail Food Establishments: management and personnel (employee health, exclusions and restrictions, § 2-201); compliance and enforcement (permits; imminent health hazard, § 8-404.11; resumption of operations, § 8-404.12)

South Carolina Department of Health and Environmental Control (DHEC), by regulation · South Carolina (State)

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The record

Jurisdiction
South Carolina
Level
State
Authority
S.C. Code Regs. 61-25 §§ 2-201.11, 2-201.12, 8-404.11, 8-404.12
Issued
1995-06-23 June 23, 1995
Effective
in force throughout 2020 Q2 to 2021 Q3 (read as 1995-06-23)
End
standing (read as 2021-09-30)
In force
Standing since June 23, 1995 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureWorkplace rulesStanding dutyOperating condition
Addressees
  • specified businesses: every retail food establishment (restaurants, food-service establishments, grocery and convenience food service) and its permit holder and person in charge
Character
sanitary code duty
Collection
Standing duties: South Carolina DUT-SC

Operative words

(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... (B) Following permit suspension due to an imminent health hazard, all food service operations shall immediately cease.

Penalty

permit suspension and cessation of operations (§ 8-404.11); misdemeanor and civil penalties under § 44-1-150 (Ex. DUT-SC-001)

What it required

Every retail food establishment operates under a DHEC permit conditioned on the regulation; DHEC may suspend the permit summarily for an imminent health hazard, whereupon all food service operations shall immediately cease; the person in charge must exclude or restrict food employees who report symptoms or diagnoses of listed illnesses (§§ 2-201.11, 2-201.12); a voluntarily closed establishment 'shall remain closed until authorized by the Department to resume operations' (§ 8-404.11(D)).

Retrieval note

The exhibit is the Legislative Council's current compilation of Regulations 61-18 through 61-58.17 (9.5 MB); Regulation 61-25 begins at the heading 'Retail Food Establishments' with the statutory-authority recital. The Governor's orders defined 'Restaurants' by reference to this regulation and § 44-1-140 (Ex. SC-027 § 3(C): '... Carolina Code of Regulations, licensed or permitted by DHEC in accordance with section 44-1-140'; Ex. SC-030). Regulation 61-20 (Communicable Diseases), the DHEC reporting, isolation and quarantine regulation in force in 2020-2021, appears in this compilation only as '61-20. Transferred' (to S.C. Code Regs. 60-19 by SCSR 49-5 Doc. No. 5352, eff. May 23, 2025).