ORDERS:
CONSENT AGREEMENT AND ORDER
In Re: Food Service Permit No. 1325 )
____________________________________)
The South Carolina Department of Health and Environmental Control (DHEC), Respondent, and Mandarin Express, 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 Mandarin Express in accordance with statutory and regulatory
requirements; and
Whereas, as a result of unannounced inspections, Mandarin Express has consistently demonstrated inadequate compliance with both
statutory and regulatory requirements, including, but not limited to, food not in sound condition, improper temperatures of
potentially hazardous foods, improper personal hygienic practices, improper sanitization of equipment and utensils, failure
to prevent potential back-syphonage, failure to control flies, improper storage and use of toxic materials; and
Whereas, DHEC has provided appropriate training to Mandarin Express staff, the most recent occurring on September 26, 2000;
and
Whereas, DHEC notified Mandarin Express of its intent to revoke Mandarin Express' food service permit for violations of
Regulation 61-25 by letter dated October 18, 2000 ; and
Whereas, Mandarin Express , by its Vice President, timely appealed the DHEC decision to revoke the food permit to the DHEC
Clerk of the Board, which was received on October 31, 2000; and
Whereas, DHEC timely transmitted the request for appeal to the Administrative Law Judge Division on November 2, 2000; 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. 1325 issued to Mandarin Express and dated July 20 , 1990 , is vacated;
2) Mandarin Express will comply with applicable statutory and regulatory requirements for food service establishments; and
3) The parties agree that DHEC has provided training to current Mandarin Express employees concerning the applicable statutory
and regulatory requirements; however, nothing herein shall be construed to preclude an offer by DHEC of additional training to
Mandarin Express staff, whether separately or in conjunction with training provided to other restaurant staffs, at DHEC's
discretion.
4) DHEC shall conduct regular unannounced inspections in accordance with the procedures of R. 61-25 at Mandarin Express.
5) Within fifteen (15) days of the effective date of this Order, Mandarin Express shall submit to DHEC a food service operations
plan for operating an acceptable food service establishment in accordance with S.C. Regulation 61-25, which must be approved by
DHEC.
6) If, during the 365 days following the effective date of this Order, Mandarin Express scores below 70 on any unannounced
inspection, as verified by the District Food Supervisor of the Palmetto Health District, Food Service Permit No. 1325 shall be
suspended for a period of fifteen (15) days and Mandarin Express shall not operate during the period of suspension. This period of
suspension shall commence no later than 24 hours after Mandarin Express' receipt of notice of the supervisor verification of the
score of less than 70. Mandarin Express shall have no right of appeal of this determination and consequent fifteen (15) day
suspension. Provided, however, that DHEC maintains the right to suspend the permit and direct Mandarin Express to cease
operations immediately pursuant to its emergency powers described in R. 61-25, Chapter XIV.C.2.
a) The DHEC inspector shall provide, to the Mandarin Express 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, Mandarin Express but not sooner than fourteen (14) days after
commencement of the suspension, DHEC shall conduct an inspection of Mandarin Express and
shall assign the appropriate grade. Upon posting of a grade of A, Mandarin Express may
resume operations.
7) In the event that the Mandarin Express' food service permit has been suspended once in accordance with the provisions of
paragraph 6 above, and Mandarin Express 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. 1325 and Mandarin Express shall immediately cease
food service operations.
8) Mandarin Express hereby withdraws its appeal of the DHEC staff decision to revoke its Food Service Permit No. 1325and
requests that the Administrative Law Judge dismiss the appeal, with prejudice.
9) The effective date of this Order shall be the date of execution by the
Administrative Law Judge.
AND IT IS SO ORDERED.
December 1, 2000
Administrative Law Judge
Columbia, South Carolina C. Dukes Scott |