The South Carolina Department of Health and Environmental Control (DHEC),
Petitioner, and Thai Lotus, Respondent, 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. § 44-1-140(2) and Regulation 61-25; and,
Whereas, DHEC has conducted a number of inspections of Thai Lotus in accordance
with statutory and regulatory requirements; and,
Whereas, as a result of unannounced inspections, Thai Lotus 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; and an inaccessible hand sink; and,
Whereas, as a result of three unannounced consecutive routine inspections on June 22,
2004, August 24, 2004, and October 15, 2004, Thai Lotus received scores below 70, of 68, 51,
and 62, respectively; and,
Whereas, DHEC offered appropriate training to Thai Lotus staff on or around August 26,
2004; and,
Whereas, DHEC notified Thai Lotus of its intent to revoke Thai Lotus’ food service
permit for violations of Regulation 61-25 by a letter dated October 18, 2004; and,
Whereas, on October 19, 2004, a representative of Thai Lotus contacted the Department
and requested a meeting to discuss settlement of the suspension of Thai Lotus’ food service
permit rather than proceed to a hearing before the Administrative Law Court; and,
Whereas, on November 18, 2004, Thai Lotus and DHEC entered into a Consent
Agreement and Order and settled the revocation of Thai Lotus’ 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 this Order, the Department will
suspend Thai Lotus’ food service operation permit for seven (7) days pursuant to Regulation 61-25, Chapter XIV(L)(2), and Thai Lotus shall not operate during the period of suspension”; and,
Whereas, on December 13, 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 15, 2004, including improper storage of hazardous foods; and,
Whereas, DHEC notified Thai Lotus of its intent to suspend Thai Lotus’ food service
permit for seven days for violation of the Consent Agreement and Order by a hand-delivered
letter dated December 14, 2004; and,
Whereas, Thai Lotus appealed the Department’s decision to suspend Thai Lotus’ food
service permit on January 6, 2005, to the Clerk of the DHEC Board; 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. 32-206-2882 issued to
Thai Lotus and dated December 14, 2004, is vacated; and,
2.Thai Lotus 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 Regulation 61-25 at Thai Lotus; 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, Thai Lotus agrees to voluntarily suspend food service operations for seven days
pursuant to Regulation 61-25, Chapter XIV(L)(2), and Thai Lotus shall not operate during the
period of suspension; and,
5.If, during the 365 days following the effective date of this Order, Thai Lotus
scores below 70 on any unannounced inspection, as verified by the District Food Supervisor of
the Palmetto Health District, Thai Lotus agrees to voluntarily suspend food service operations
for a period of fifteen (15) days to bring the restaurant in compliance with Regulation 61-25.
Thai Lotus shall not operate during this suspension period. Thai Lotus agrees to suspend its food
service operations no later than 24 hours after Thai Lotus’ receipt of notice of the specific
reasons for the score below 70. Thai Lotus’ 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 Thai Lotus 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 Thai Lotus employee in charge at the time of inspection a
complete DHEC inspection report and shall remove the posted grade from the
establishment.
b)Upon request of Thai Lotus, but not sooner than fourteen (14) days after
commencement of the suspension, DHEC shall conduct an inspection of Thai Lotus and
shall assign the appropriate grade. Upon posting of a grade of A, Thai Lotus may resume
operations.
6.In the event that the Thai Lotus food service permit has been suspended once in
accordance with the provisions of Paragraph 5 above, and Thai Lotus 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 Agreement and Order shall be punishable by contempt of court.
CONSENTED TO:
For the South Carolina Department of Health and Environmental Control
By: s/Matthew S. Penn___________________
Date:2/10/05____________________________
For Thai Lotus
By:s/Manit Tipvaree____________________
Date:Feb. 8, 05__________________________
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1667
February 14, 2005
Columbia, South Carolina
