The South Carolina Department of Health and Environmental Control (DHEC),
Respondent, and CINA Enterprises, LLC, d/b/a Quick Pantry #1 (Quick Pantry #1), 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 Quick Pantry #1 in
accordance with statutory and regulatory requirements; and
Whereas, Quick Pantry #1 is a retail food establishment located at 307 North Harry C.
Raysor Drive, St. Matthews, SC 29135; and
Whereas, a routine inspection of Quick Pantry #1 on December 15, 2003, resulted in a
score of 82, and during a routine inspection on September 20, 2004, resulted in a score of 81;
and
Whereas, DHEC notified Quick Pantry #1 by hand delivered letter on October 8, 2004,
that, as a result of the downgraded scores the restaurant received, a representative of Quick
Pantry #1 was required to attend a food sanitation training session; and
Whereas, a Quick Pantry #1 representative did not attend the November 9, 2004, training
session; and
Whereas, because a Quick Pantry #1 representative did not attend the November 9, 2004,
training session, DHEC notified Quick Pantry #1 of its intent to suspend Quick Pantry #1’s food
service permit for violation of Regulation 61-25, Chapter XIV(N), by hand delivered letter,
dated November 29, 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. 09-206-00321 issued to
Quick Pantry #1 and dated November 29, 2004, is vacated;
2.Quick Pantry #1 will comply with applicable statutory and regulatory
requirements for retail food establishments; and
3.The Department shall conduct regular unannounced inspection in accordance with
the procedures of Regulation 61-25 at Quick Pantry #1; and
4.The Manager of Quick Pantry #1 will attend the next available training session
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. The examination will be taken “open regulation” as long as it is
taken at the Health Department offices. If the Manger 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 Quick Pantry #1 shall send at least one Quick Pantry #1
employee to each training session in food sanitation conducted by the Department
scheduled over the next 180 days or until all Quick Pantry #1 employees receive
training pursuant to this paragraph. 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. The examination will be taken “open regulation” as long
as it is taken at the Health Department offices. 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.
6.The Department will notify Quick Pantry #1 about scheduled training dates by
postal mail. However, Quick Pantry #1 has the ultimate responsibility under this
agreement to learn when the training dates are scheduled and to ensure that they
are attended.
7.If Quick Pantry #1 fails to comply with the terms in Paragraphs 4 or 5, Quick
Pantry #1 agrees to voluntarily suspend food service operations for two days,
beginning on the day after the Department notifies Quick Pantry #1 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.
CONSENTED TO:
FOR THE SOUTH CAROLINA DEPARTMENT OF
HEALTH AND ENVIRONMENTAL CONTROL
By:_____________________________________
Date:____________________________________
FOR QUICK PANTRY #1
By:_____________________________________
Date:___________________________________
AND IT IS SO ORDERED.
______________________________________
The Honorable Marvin F. Kittrell
Chief Administrative Law Judge
Dated: February 25, 2005
Columbia, South Carolina
