ORDERS:
CONSENT AGREEMENT AND ORDER
The South Carolina Department of Health and Environmental Control ("DHEC"), Respondent, and Big T Barbecue ("Big
T") and Larry Brown, Owner, 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, over the course of three years, DHEC has conducted a number of inspections of Big T in accordance with
statutory and regulatory requirements; and
Whereas, as a result of unannounced inspections in March, May and July, 1999, Big T has consistently demonstrated
inadequate compliance with both statutory and regulatory requirements, including, but not limited to, improper food
temperatures, improper storage and use of toxic materials, improper sanitization of equipment and utensils, failure of
employees to properly wash hands, failure to prevent potential back-siphonage, inadequate hot water, failure to control
vectors; and improper storage of potentially hazardous foods; and
Whereas, DHEC has offered appropriate training to staff on several occasions, but Big T has failed to avail itself of such
training opportunities; and
Whereas, DHEC notified Big T of its intent to revoke Big T's food service permit for violations of Regulation 61-25 by
letter dated July 12, 1999; and
Whereas, Big T, by its Owner Larry Brown, timely appealed the DHEC decision to revoke the food service permit to the
DHEC Clerk of the Board, which was received on July 21, 1999; and
Whereas, DHEC timely transmitted the request for appeal to the Administrative Law Judge Division on July 22, 1999, and
the case was subsequently assigned to the Honorable Ray N. Stevens; 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. 1451 issued to Big T and dated August 24, 1983, is vacated;
2) Big T will comply with applicable statutory and regulatory requirements for food service establishments;
3) The parties agree that DHEC will provide training to current Big T employees upon request concerning the applicable
statutory and regulatory requirements;
4) DHEC shall conduct regular unannounced inspections in accordance with the procedures of R. 61-25 at Big T;
5) Within fifteen (15) days of the effective date of this Order, Big T 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, Big T scores below 70 on any unannounced inspection,
as verified by the District Food Supervisor of the Palmetto Health District, Food Service Permit No. 1451 shall be suspended
for a period of ten (10) days and Big T shall not operate during the period of suspension. This period of suspension shall
commence no later than 24 hours after Big T's receipt of notice of the supervisor verification of the score of less than 70.
Big T shall have no right of appeal of this determination and consequent 10 day suspension. Provided, however, that DHEC
maintains the right to suspend the permit and direct Big T 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 Big T 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 Big T, but not sooner than nine (9) days after commencement of the suspension, DHEC shall conduct
an inspection of Big T and shall assign the appropriate grade. Upon posting of a grade of A, Big T may resume operations.
7) In the event that Big T's food service permit has been suspended once in accordance with the provisions of paragraph 6
above, and Big T 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. 1451, and Big T shall immediately cease food service
operations. Big T shall have no administrative appeal rights as a result of this revocation.
8) Big T hereby consents to and agrees to withdrawal of its appeal of the DHEC
staff decision to revoke its Food Service Permit No.1451, and 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. |
