The South Carolina Department of Health and Environmental Control (DHEC),
Respondent, and Vegetable Bin, Petitioner, hereby enter into the following Consent Agreement:
Whereas, DHEC is charged with administering the food service facility inspection
program in accordance with S.C. Code Ann. Section 44-1-140 (2) and S.C. Regulation 61-25;
and
Whereas, DHEC has conducted a number of inspections of Vegetable Bin in accordance
with statutory and regulatory requirements; and
Whereas, as a result of unannounced inspections, Vegetable Bin has demonstrated
inadequate compliance with S.C. Code Ann. Regs. 61-25, Chapter VI.G, Insect and Rodent
Control; and
Whereas Regulation 61-25, Chapter VI.G.1, Insect and Rodent Control, provides that,
“[t]he presence of . . . cockroaches . . . on the premises shall be effectively controlled”; and
Whereas, as a result of Department inspections on September 22, September 24, October
4, October 5, 2004, a cockroach infestation at Vegetable Bin was noted as a violation; and
Whereas, as a result of an additional inspection on and October 6, 2004, the cockroach
infestation was still evident; and
Whereas, DHEC notified Vegetable Bin of its intent to revoke Vegetable Bin’s food
service permit for violations of Regulation 61-25 by letter dated October 11, 2004; and
Whereas, the parties now desire to settle this matter without further adjudication;
NOW THEREFORE IT IS ORDERED AND AGREED:
1)The notice of intent to revoke Food Service Permit No. 10-211-720 issued to Vegetable Bin and dated October 11, 2004, is vacated;
2)Vegetable Bin will comply with applicable statutory and
regulatory requirements for food service establishments; and
3)DHEC shall conduct regular unannounced inspections in
accordance with the procedures of R. 61-25 at Vegetable Bin; and
4)Vegetable Bin must take effective measures necessary to
ensure that roaches are effectively controlled in all areas of the
establishment. These measures could include, but are not limited to,
entering a pest control contract; removal of litter; the elimination of
harborage items and areas; and organization and orderly storage of single
service products. If Vegetable Bin enters a contract for insect control, the
facility must provide the Department with documentation establishing the
contract within five days of entering the contract.
5)In the event that Vegetable Bin fails to bring the roach
infestation under effective control, Vegetable Bin agrees to suspend
operations in the meat cutting and vegetable processing areas until the
Department determines that the roach infestation is brought under
effective control. Because roaches in all areas of the Vegetable Bin can
access the meat cutting area, the Parties agree that the roach infestation
must be brought under effective control in the entire facility, not just the
meat cutting area.
6)The undersigned, each, further declares and represents that
no promise, inducement, or agreement not herein expressed has been
made to the undersigned, or any of them, and that this document contains
the entire agreement between the parties hereto.
