The South Carolina Department of Health and Environmental Control (DHEC),
Respondent, and Super China Buffet, 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 Super China Buffet in
accordance with statutory and regulatory requirements; and
Whereas, as a result of unannounced inspections, Super China Buffet has consistently
demonstrated inadequate compliance with both statutory and regulatory requirements, including,
but not limited to, improper temperatures of potentially hazardous foods, improper thawing of
potentially hazardous foods, improper personal hygienic practices, improper sanitization of
equipment and utensils, improper storage and labeling of toxic materials, cross contamination
not being prevented, presence of insects/rodents, and food not in sound condition; and
Whereas, as a result of three unannounced consecutive routine inspections on June 7,
2004, August 2, 2004, and October 1, 2004, Super China Buffet received scores below 70 of 46,
52, and 39, respectively; and
Whereas, DHEC has provided appropriate training to Super China Buffet staff, the most
recent occurring on September 27, 2004; and
Whereas, DHEC notified Super China Buffet of its intent to revoke Super China Buffet
food service permit for violations of Regulation 61-25 by letter dated October 4, 2004; and
Whereas, on October 4, 2004, a representative of Super China Buffet contacted the
Department and requested a meeting to discuss settlement of the revocation of Super China
Buffet’s food service permit rather than proceed to a hearing before the Administrative Law
Court; and
Whereas, on October 19, 2004, Super China Buffet and DHEC enter into a Consent
Agreement and Order and settled the revocation of Super China Buffet’s food service permit;
and
Whereas Paragraph Six of the Consent Agreement and Order stated, “When a
consecutive critical violation of the same item is discovered during a routine or a follow-up
inspection during the 365 days following the effective date of the this Order, the Department will
suspend Super China Buffet’s food service operation permit for seven (7) days pursuant to
Regulation 61-25, Chapter XIV(L)(2), and Super China Buffet shall not operate during the
period of suspension”; and
Whereas, on December 1, 2004, as the result of an unannounced routine inspection, the
Department noted critical violations that had occurred on the previous unannounced routine
inspection of October 1, 2004, including improper storage of hazardous foods, potentially
hazardous foods not being thawed properly, and poisonous and toxic chemicals not properly
stored, labeled, and used; and
Whereas, DHEC notified Super China Buffet of its intent to suspend Super China
Buffet’s food service permit for seven days for violation of the Consent Agreement and Order by
hand deliver letter dated December 1, 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 suspend Food Service Permit No. 40-206-4471 issued to Super
China Buffet and dated December 1, 2004, is vacated;
2.Super China Buffet 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 Super China Buffet; and
4.When the Department discovers a consecutive critical violation of the same item
during a routine or a follow-up inspection during the 365 days following the effective
date of this Order, Super China Buffet agrees to voluntarily suspend food service
operations for seven days pursuant to Regulation 61-25, Chapter XIV (L)(2), and
Super China Buffet shall not operate during the period of suspension; and
5.If, during the 365 days following the effective date of this Order, Super China Buffet
scores below 70 on any unannounced inspection, as verified by the District Food
Supervisor of the Palmetto Health District, Super China Buffet agrees to voluntarily
suspend food service operations for a period of fifteen (15) days to bring the
restaurant in compliance with Regulation 61-25. Super China Buffet shall not
operate during this suspension period. Super China Buffet agrees to suspend its food
service operations no later than 24 hours after Super China Buffet’s receipt of notice
of the specific reasons for the score below 70. Super China Buffet’s suspension of
food service operations shall follow the procedures outlined in a) and b) below.
Provided, however, that DHEC maintains the right to suspend the permit and direct
Super China Buffet to cease operations immediately pursuant to its emergency
powers described in Regulation 61-25, Chapter XIV (C)(2).
a.The DHEC inspector and the District Food Supervisor of the Palmetto Health
District shall provide to the Super China Buffet employee in charge at the time of
inspection a completed DHEC inspection report and shall remove the posted
grade from the establishment.
b.Upon request of Super China Buffet, but not sooner than fourteen (14) days after
commencement of the suspension, DHEC shall conduct an inspection of Super
China Buffet and shall assign the appropriate grade. Upon posting of a grade of
A, Super China Buffet may resume operations.
6.In the event that the Super China Buffet food service permit has been suspended once
in accordance with the provisions of Paragraph 5 above, and Super China Buffet
subsequently fails to achieve a rating score of at least 70 at any time during the period
of 365 days from the effective date of the Order, as a result of a routine inspection,
which is verified by the District Food Supervisor of the Palmetto Health District,
DHEC shall revoke Food Service Permit No. 40-206-4471 pursuant to Regulation 61-25, Chapter XIV(E)(2).
7.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.
CONSENTED TO:
FOR THE SOUTH CAROLINA DEPARTMENT
OF HEALTH AND ENVIRONMENTAL
CONTROL
By: _____________________________________
Date: ___________________________________
FOR SUPER CHINA BUFFET
By: _____________________________________
Date:_____________________________________
AND IT IS SO ORDERED.
______________________________________
The Honorable Marvin F. Kittrell
Chief Administrative Law Judge
Dated: January 18, 2005
Columbia, South Carolina
