The South Carolina Department of Health and Environmental Control (DHEC),
Respondent, and Pitt Stop #21, 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 Pitt Stop #21 in accordance
with statutory and regulatory requirements; and
Whereas, Pitt Stop #21 is a retail food located at 9102 Farrow Road., Columbia, SC
29201; and
Whereas, a routine inspection of Pitt Stop #21 on September 12, 2003, resulted in a score
of 85, and during a routine inspection on August 23, 2004, resulted in a score of 82; and
Whereas, DHEC notified Pitt Stop #21 by hand delivered letter on September 17, 2004,
that, as a result of the downgraded scores the restaurant received, a representative of Pitt Stop
#21 was required to attend a food sanitation training session; and
Whereas, a Pitt Stop #21 representative did not attend the September 27, 2004, training
session; and
Whereas, because a Pitt Stop #21 representative did not attend the September 27, 2004,
training session, DHEC notified Pitt Stop #21 of its intent to suspend Pitt Stop’s food service
permit for violation of Regulation 61-25, Chapter XIV(N), by hand delivered letter dated
November 18, 2004;
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 suspend Food Service Permit No. 40-206-4318 issued to Pitt Stop
#21 and dated November 18, 2004, is vacated;
2.Pitt Stop #21 will comply with applicable statutory and regulatory requirements for retail
food establishments; and
3.The Department shall conduct regular unannounced inspections in accordance with the
procedures of Regulation 61-25 at Pitt Stop #21; and
4.The General Manager, Supervisor, and the Manager of Pitt Stop #21 will attend the next
available training session in food sanitation conducted by the Department. The Manager
will take a written examination at the training session and must score an 88 or higher on
that examination. If the Manager does not score an 88 or higher on the written
examination, he must attend the next available training session and take the written
examination again. The Manager will be required to attend each subsequent available
training session until he has scored an 88 or higher on the written examination.
5.The Manager of Pitt Stop #21 shall send at least one Pitt Stop #21 employee to each
training session in food sanitation conducted by the Department scheduled over the next
180 days. Each employee attending a training session in food sanitation will take a
written examination and must score an 80 or higher on the written examination. If an
employee does not score an 80 or higher on the written examination, the employee must
attend the next available training session and take the written examination again. The
employee will thereof be required to attend each subsequent available training session
until he or she has scored an 80 or higher on the written examination. An employee
required to attend a training session as a result of not achieving a score of 80 or higher on
the written examination during the previous training session must attend in addition to
another separate employee sent by Pitt Stop #21 for that particular training session.
6.The Department will notify Pitt Stop #21 about scheduled training dates by postal mail.
However, Pitt Stop #21 has the ultimate responsibility under this agreement to learn
when the training dates are scheduled and to ensure that they are attended.
7.If Pitt Stop #21 fails to comply with the terms in Paragraphs 4 or 5, Pitt Stop #21 agrees
to voluntarily suspend food service operations for two days, beginning on the day after
the Department notifies Pitt Stop that it failed to comply with the terms; and
8.The Parties further agree that violation of any of the terms or conditions of this Consent
Order of Dismissal shall be punishable by Contempt of Court.
Administrative Law Judge
Dated: December 31, 2004
Columbia, South Carolina
