ORDERS:
Consent Agreement and Order
The South Carolina Department of Health and Environmental Control (DHEC), Respondent, and Cracker Barrel, 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 Cracker Barrel in accordance with statutory and regulatory requirements; and
Whereas, Cracker Barrel is a retail food establishment located at 2300 Legrand Rd., Columbia, SC 29223; and
Whereas, a routine inspection of Cracker Barrel on May 12, 2004, resulted in a score of 78, and during a routine inspection on March 23, 2005, resulted in a score of 72; and
Whereas, DHEC notified Cracker Barrel by hand delivered letter on April 13, 2005, that, as a result of the downgraded scores the restaurant received, a representative of Cracker Barrel was required to attend a food sanitation training session; and
Whereas, a Cracker Barrel representative did not attend the April 25, 2005, training session; and
Whereas, because a Cracker Barrel representative did not attend the April 25, 2005, training session, DHEC notified Cracker Barrel of its intent to suspend Cracker Barrel’s food service permit for violation of Regulation 61-25, Chapter XIV(N), by hand delivered letter, dated April 25, 2005;
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. 40-206-04454 issued to Cracker Barrel dated April 25, 2005, is vacated.
2. The Department shall conduct regular unannounced inspections in accordance with the procedures of Regulation 61-25 at Cracker Barrel.
3. The Manager of Cracker Barrel 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.
4. The Manager of Cracker Barrel shall send at least one Cracker Barrel 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 Cracker Barrel for that particular training session.
5. The Department will notify Cracker Barrel about scheduled training dates by postal mail. However, Cracker Barrel has the ultimate responsibility under this agreement to learn when the training dates are scheduled and to ensure that they are attended.
6. If Cracker Barrel fails to comply with the terms in Paragraphs 4 or 5, Cracker Barrel agrees to voluntarily suspend food service operations for two days, beginning on the day after the Department notifies Cracker Barrel that it failed to comply with the terms; and
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.
AND IT IS SO ORDERED.
___________________________________________
Ralph King Anderson, III
Administrative Law Judge
Dated: August 3, 2005
Columbia, South Carolina |
