ORDERS:
CONSENT AGREEMENT AND ORDER
The South Carolina Department of Health and Environmental Control (DHEC), Respondent, and Golden Dragon Restaurant
(Golden Dragon), 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 Golden Dragon in accordance with statutory and regulatory
requirements; and
Whereas, as a result of unannounced inspections, Golden Dragon 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 thawing practices, cross-contamination, improper personal
hygienic practices, improper sanitization of equipment and utensils, failure to prevent potential back-syphonage,
failure to control infestation of roaches, and improper storage and use of toxic materials; and
Whereas, DHEC has provided appropriate training to Golden Dragon staff, the most recent occurring on April 20, 1998; and
Whereas, DHEC notified Golden Dragon of its intent to revoke Golden Dragon's food service permit for violations of
Regulation 61-25 by letter dated December 7, 1999; and
Whereas, Golden Dragon, by its Owner, timely appealed the DHEC decision to revoke the food permit to the DHEC Clerk
of the Board, which was received on December 17, 1999; and
Whereas, DHEC timely transmitted the request for appeal to the Administrative Law Judge Division on December 22, 1999,
and the case was subsequently assigned to the Honorable Marvin F. Kittrell on December 29, 1999; 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. 0590 issued to Golden Dragon and dated October 4, 1985, is
vacated;
2) Golden Dragon will comply with applicable statutory and regulatory requirements for food service establishments; and
3) The parties agree that DHEC has provided training to current Golden Dragon employees concerning the applicable
statutory and regulatory requirements; however, nothing herein shall be construed to preclude an offer by DHEC of
additional training to Golden Dragon 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 Golden Dragon.
5) Within fifteen (15) days of the effective date of this Order, Golden Dragon 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, Golden Dragon scores below 70 on any unannounced
inspection, as verified by the District Food Supervisor of the Palmetto Health District, Food Service Permit No. 0590 shall
be suspended for a period of fifteen (15) days and Golden Dragon shall not operate during the period of suspension. This
period of suspension shall commence no later than 24 hours after Golden Dragon's receipt of notice of the supervisor
verification if the score of less than 70. Golden Dragon 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 Golden
Dragon to cease operation immediately pursuant to its emergency powers described in R. 61-25, Chapter XIV.C2.
a) The DHEC inspector shall provide, to the Golden Dragon employee in charge at the time of inspection, a completed
DHEC inspection report and shall remove the posted grade form the establishment.
b) Upon request of Golden Dragon, but not sooner than fourteen (14) days after commencement of the suspension, DHEC
shall conduct an inspection of Golden Dragon and shall assign the appropriate grade. Upon posting of a grade of A, Golden
Dragon may resume operations.
7) In the event that the Golden Dragon food service permit has been suspended once in accordance with the provisions of
paragraph 6 above, and Golden Dragon subsequently fails to achieve a rating score of at least 70 any time during the period
of 365 days from the effective date of this 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. 0590 and Golden Dragon shall
immediately cease food service operations.
8) Golden Dragon hereby withdraws its appeal of the DHEC staff decision to revoke its Food Service Permit No. 0590 and
requests that the Administrative Law Judge dismiss the appeal, with prejudice.
9) The effective date of this Order shall be the date of the execution by the Administrative Law Judge.
AND IT IS SO ORDERED.
MARVIN F. KITTRELL
Chief Administrative Law Judge
January 31, 2000
Columbia, South Carolina. |
