ORDERS:
CONSENT ORDER
FINDINGS OF FACT
1. Walter Dean Kinard owns and operates the Edisto Supervalu Market, also known as the Edisto
Food Pride Market, a retail food store, on Highway 174, Edisto Island, South Carolina.
2. On September 9, 1996, the Department conducted an inspection of the Petitioner's market and
found Mr. Kinard out of compliance with Regulation 61-25 in that all meat processing equipment
in the market had not been properly cleaned and sanitized, along with other stated violations.
Mr. Kinard was given a "B" rating at this time. Petitioner was given time to correct the
violations, and instructed that the Department inspectors would return for a follow-up inspection.
3. On September 19, 1996, Petitioner was again found in violation of Regulation 61-25 as a result
of the first follow-up inspection, and was given a "C" rating because the meat market equipment
was not properly cleaned and sanitized.
4. On September 30, 1996, another follow-up inspection was conducted and the same violations
were noted. A "C" rating was again posted.
5. On October 14, 1996, Department staff conducted a scheduled follow-up inspection. This
inspection revealed that Mr. Kinard failed to comply with the sanitation requirements for properly
cleaning and sanitizing meat processing equipment. Because of his repeated failure to comply
with Regulation 61-25, the facility grade was dropped to a "C". Subsequently, repeated
follow-up inspections and conversations with Mr. Kinard failed to result in compliance with the
regulation, and the Department initiated action to suspend the food market permit, and Mr.
Kinard appealed.
6. Subsequent to the filing of the appeal, Mr. Kinard notified Department staff that he had made
the necessary corrections of the previously cited violations, and requested a follow-up inspection.
7. On December 2, 1996, and on subsequent unannounced visits, the Department staff has
conducted inspections to determine the status of the meat market sanitation and to document
correction of the previously cited violations, and found Mr. Kinard to be in compliance with
Regulation 61-25 on each occasion.
CONCLUSIONS OF LAW
1. The Department has authority under S.C. Code Section 44-1-140(2) to make, promulgate and
enforce reasonable rules and regulations for the sanitation of restaurants and all other places or
establishments providing eating or drinking facilities, and pursuant to S.C. Code Section
44-1-140(4) for the sanitation of meat markets.
2. The Department further has the authority under S.C. Regulation 61-25 to issue and suspend
permits to operate food service or market establishments, and also to inspect such establishments
to ensure compliance with S.C. Regulation 61-25, including the proper cleaning, sanitizing, and
storage of equipment and utensils.
3. The owner/operator of the Edisto Supervalu Market violated the above referenced regulations.
4. The owner/operator of the Edisto Supervalu Market has corrected all the cited violations, and
has agreed to comply with all the requirements of S.C. Regulation 61-25, including the proper
cleaning, sanitation, and storage of equipment in its retail food store.
5. Upon signing the Consent Order, the owner/operator waives the opportunity to appeal the
Consent Order and it becomes binding. Failure to comply with the signed Consent Order is an
additional violation and may result in further penalties and reinstatement of the administrative
action.
Therefore, it is Ordered and Decreed that:
1. The owner/operator of the Edisto Supervalu Market will operate its retail food store in
accordance with the requirements of S.C. Regulation 61-25.
2. The owner/operator of the Edisto Supervalu Market withdraws the appeal of the Department's
action to suspend the food market permit.
3. Any further violation of S.C. Regulation 61-25 or other statutes or regulations affecting the
operation of a food market may result in additional penalties and the reinstatement of this
administrative proceeding.
AND IT IS SO ORDERED.
_____________________________________________
The Honorable Ralph King Anderson
January , 1997 |
