INSPECTIONS
What does a typical restaurant inspection look like in South Carolina?
Our inspections are “risk based,” which means we concentrate the evaluation on practices identified by the CDC & FDA as most likely to cause a foodborne illness if they not done properly.
First, the inspector will identify themself to the person in charge and explain the purpose of the visit. They will encourage the operator to accompany them on the inspection so they can discuss food safety issues and provide input into processes that may be ongoing at that time.
The inspector will usually make a preliminary walkthrough to see what is being done at that time. This allows them to focus on those procedures first, so they do not miss the opportunity to do things like get cooking temperatures if foods are being cooked or measure cooling temperatures if foods are in the process of cooling. More static observations such as hot or cold holding temperatures will be obtainable at any time during the inspection, as would observing handwashing, cleaning issues, or pest management.
How often are restaurants inspected?
Inspections are done based on a Retail Food Establishment’s assigned risk category. There is no specific frequency required by the regulation. Facilities that perform more complex food preparation (cook, cool, reheat) are inspected more often than those that do minimal handling of the food, such as those that cook and serve with no cooling or reheating of food.
Do restaurants receive advance notice before inspections, or are they unannounced?
On rare situations we schedule inspections for establishments that have unusual business hours or require advance notice to access the premises (such as those located at nuclear plants), but overall, they are unannounced. We also do inspections during “busy times” as well as times when establishments may only be prepping to get a full picture of their food safety culture.
What exactly does an “A” rating mean, and how much room is there for violations within that grade?
An “A” means an establishment has an effective food safety program, and that it does not have very many priority or priority foundation violations, which have a higher point deduction. These are the violations that have a higher risk of causing a foodborne illness.
You can learn more about Risk-Based Inspections and what the grades mean on this page.
Are there any violations that would automatically result in a lower grade?
The grade is based on the score; however, on a follow-up inspection, a failure to correct previous violations can result in a lower grade than the score indicates. This is part of the enforcement for repeated non-compliance.
COMPLAINTS
How do I make a complaint about a Retail Food Establishment?
To report a potential problem that you have observed at a restaurant, you can either call the Retail Food Safety office in Columbia 803-896-0640 and speak to someone in the call center or fill out our online complaint form with the problem and restaurant name and location. Please be sure to include the city or county of the facility and, if possible, a date when the problem was observed. If you do not wish to be identified, please leave your name off the response.
What should I do if I get sick after eating at a Retail Food Establishment?
To report your illness, you can either call the Retail Food Safety office in Columbia 803-896-0640 and speak to someone in the call center or fill out our online complaint form with the problem and restaurant name and location. Please be sure to include the city or county of the facility and if possible, a date when the problem was observed. To properly investigate any possible source of your illness we will need to contact you for additional information. Please be sure to include your name and a phone number where we can contact you as part of your complaint filing. This will help facilitate our response.
How does the SCDA team respond when public complaints or viral social media posts contradict a restaurant’s inspection grade?
We have an online complaint portal where anyone can make a complaint. We do not investigate or scan social media for comments. We follow up on all complaints made to our agency, but we cannot accept or act on what someone else may have observed or videoed.
We only act on conditions that we observe during an inspection. An inspection is and will always be a “snapshot in time.” It is up to us to provide the operator with education and validation of their food safety program and for them to always maintain it.
What are the regulations on animals in restaurants?
Pets or other animals, other than service animals, are not allowed in permitted retail food establishments as per SCDA Regulation. Section 6-501.115 (B)(3) states In areas that are not used for food preparation and that are usually open for customers, such as dining and sales areas, service animals as defined by the Americans with Disabilities Act that are controlled by the disabled employee or person, if a health or safety hazard will not result from the presence or activities of the service animal;
However, the dilemma for the owner of a retail establishment is how to approach a customer who brings a pet in a facility with them. Not all disabilities are apparent to observation. The American Disabilities Act requires businesses to allow service animals into all areas of the facility where customers are normally allowed to go. According to the ADA, businesses may ask if an animal is a service animal or ask what task the animal has been trained to perform but cannot require special ID cards for the animal or ask about the person’s disability. More information on service animals is available at: ada.gov
Click here to view SCDA Regulation 61-25 Retail Food Establishments online.
PERMIT REQUIREMENTS AND EXCEPTIONS
I want to open a restaurant in South Carolina. How do I find out what’s required to get a Retail Food Establishment permit?
Click here to view the requirements of the regulation and how to apply for a permit.
On the “How to apply for a permit” page you will find our Planning Guides and a small business fact sheet to help you meet the requirements of the regulation. Should you have questions, please contact our support center at retailfood@scda.sc.gov.
Why do Retail Food Establishments need to “register” with SCDA?
When South Carolina’s Retail Food Safety inspection program transferred to SCDA from the former DHEC, the inventory, billing, and inspection systems were merged from three fragmented systems into one combined software system. However, it was not possible for this new system to establish your account. As with all online account creation, you are required to set up your own email and password. By creating an account and “claiming” your establishment, you will be able to receive and pay your annual inspection fee invoice electronically as well as update any operational changes you make.
I have an existing restaurant; how do I go about registering?
Please visit our website, agriculture.sc.gov/retail-food-safety, for more information on creating an account. By using the link below to the portal, you can start the registration process. Once you are in the portal and have claimed your business, you will do a short registration process to confirm some very basic information such as name and location, and update or confirm all the information from a previously submitted application that was on file with DHEC; or, you can do the full application if you need to make changes.
Register here: retailfoodregistration.agriculture.sc.gov/registration
Can I sell food made in my home? I can’t afford to buy or build a commercial kitchen.
State law requires that most food sold to the public come from either a Retail Food Establishment or a registered Wholesale Food Manufacturer. Neither of these laws/regulations allows for a home kitchen to be permitted or licensed.
However, a Retail Food Establishment may be located at a private dwelling (home) if it is a separate kitchen from the one used by the people living there and it meets the requirement of SCDA Regulation 61-25, Retail Food Establishments.
There are also exceptions to the requirement for retail food sales.
The Home-Based Food Production Law, also commonly referred to as the “Cottage Law” allows for certain foods that do not require time or temperature control to be sold without inspection or a permit. These foods are referred to as “non-potentially hazardous foods” and are also called “non-time/temperature control for food safety foods” (non-TCS) foods. These are generally baked goods (without cream fillings), candies, cookies and most breads. The foods must be made and packaged in the home kitchen and labeled according to the law to show that they were made in an uninspected kitchen. See the Home-Based Food Production Law guide for the full details on foods that can and can’t be sold under this exemption.
Can I cook and sell food by the side of the road using a pull-behind cooker or a grill?
State law requires that most food sold to the public come from either a Retail Food Establishment or a registered Wholesale Food Manufacturer. Foods that require time or temperature control to be safely prepared or stored are referred to as “TCS” and require either a permit or a license. The South Carolina Department of Agriculture laws/regulations for wholesale and retail food sales do not allow an un-enclosed pull-behind cooker or a grill under a tent to be permitted or licensed.
To sell meals, barbecue, ribs, chicken wings, fried fish, or other foods that are “potentially hazardous” or TCS, you will have to invest in a mobile food unit that is fully enclosed, as a pull-behind cooker does not meet the requirements to be a mobile unit. You must also have a permitted commissary to support the operation and servicing of the mobile unit. Please visit agriculture.sc.gov/retail-food-safety and see “How to apply for a permit,” our fact sheets on mobile units, and the small business checklist.
What foods and drinks can I sell without a permit? Do I need a permit to sell lemonade? What about boiled peanuts?
The following foods are exempted from requiring a Retail Food Establishment permit due to being either “non-time/temperature control for food safety” (non-TCS) or using a low-risk process.
- Popcorn, cotton candy, candy apples
- Shaved ice/snow cones including snow cones or shaved ice served with pasteurized cold milk or cream from a non-reusable container
- Prepared soft drinks
- Beverages, including lemonade and tea
- Coffee or coffee-based beverages served with pasteurized milk or cream prepared and served either heated or cold
- Beverages individually prepared upon consumer’s request from a commercially pre-packaged powdered mix with no additional ingredients that are TCS, and served in a single service cup
- Nachos served with heated cheese product
- Commercially dehydrated pre-packaged pork skins
- Pre-formed or prepared pretzels that require baking or warming only
- Jams, jellies, preserves, and dried fruits
- Dry herbs, seasonings, and mixtures
- Vinegar and flavored vinegars
- Commercially pre-packaged, pre-cut frozen french fries
- Salt-boiled peanuts
- Boiled or grilled corn
- Waffle or pancake mix that is commercially pre-packaged and dispensed from self-serve units for service not to exceed four (4) hours in duration. Leftover portions of these products shall be discarded at the end of service
- Funnel cakes, mini-donuts, or similar type products prepared from a single unit having no more than three fryers. Mixed batters shall not be held out of temperature more than four (4) hours. Leftover portions of these products shall be discarded at the end of service.
- Other SCDA-approved non-TCS foods that use a low-risk food process.
What is a commissary or shared use kitchen?
If you can’t afford to build or rent a commercial kitchen, you do have another option. SCDA Regulation 61-25 explains how you can obtain a permit and “share” kitchen time and space at a permitted Retail Food Establishment. These specially designated commercial kitchens are operated by a person who rents time and space in the establishment and allows for you to have a permit using their kitchen. The requirements for getting a permit under this section of the regulation is covered in Chapter 9-5, “Shared Use Kitchens.”
ENFORCEMENT
Why are Retail Food Establishments subjected to “enforcement”?
Enforcement is a tool. Retail food establishments may be subjected to enforcement when consecutive violations are cited during an inspection and efforts to gain compliance in correcting a violation that could cause a foodborne illness have not been successful.
Civil penalties (i.e. fines) and permit suspensions are like being ticketed for speeding. Once you get a ticket and pay a fine, you are more likely to not speed when driving and may become a more careful driver. The same principle works for getting a fine, or worse, a permit suspension.
The purpose of enforcement is to gain long-term correction to a potential food safety hazard. These penalties are not punitive but often occur after a violation has been corrected to ensure that it remains corrected.
What does it mean on my inspection report where it says, “The violation identified as consecutive may be referred to the Enforcement Section?”
When the same or similar violation occurs at least two or more back-to-back inspections, then it is a “consecutive” or reoccurring uncorrected violation. These chronic food safety violations are then referred to the Enforcement Section, which determines if an order should be issued, and a civil penalty assessed. See the Enforcement Referral Process Informational sheet on the SCDA website for the enforcement criteria.
What do I need to do to avoid being referred to Enforcement?
The best way to avoid having consecutive violations and being referred to enforcement is to address all the violations noted on your inspection report immediately, and to create a plan to prevent them from occurring again in the future. Be sure to pay special attention to those items that are “Priority” (P) or “Priority Foundation” (Pf), as they may be referred after they occur twice.
I’ve had a Consent Order and paid my fine. What happens if the same violation(s) continue to be marked out?
The facility may receive a second consent order for new/continued consecutive violations. Also, a “risk control plan” may be requested if our assessment determines that it would help you to control food safety hazards that keep reoccurring. Should you continue to have reoccurring violation(s) and are referred to enforcement a third time, then your establishment may be suspended. See the Enforcement Referral Process Informational sheet for the complete policy on suspensions.
REGISTERING
This appears to be a time-consuming process. Why do I need to do this?
While you will need to invest some time in setting up the account, it is a one-time thing, similar to setting up an account to pay a utility bill or use online banking. There are some confirmation emails that go back and forth between you and our department, but once it is submitted and approved, you will be able to make changes to the account, receive bills and make payments online or by check, and ensure that your account is properly credited for payments made.
What happens if I don’t register?
Regulation 61-25 Retail Food Establishments in section 8-304.11 (B) requires:
The Department shall be notified prior to any retail food establishment changes including, but not limited to, the following items:
Location;
Service or seating capacity;
Drinking water or sewage disposal provider;
Change of hot water generation and distribution system(s);
Change of ownership;
Permanent closure;
Installation of equipment and/or structural modifications;
A corrected billing or mailing address within ten (10) calendar days of any change of address;
Shared use operations capacity.
And in section (C):
The Department shall be notified prior to adding a food item to the menu that:
Involves a food preparation process which may consist of cooking, cooling, or reheating food which was not performed in the retail food establishment or
Poses a health risk to consumers because it is a raw animal food served raw or undercooked.
By registering, you will be able to make these notifications and will not be in violation of section (E) which states: Any change under (B) or (C) of this section, not previously approved or authorized by the Department, may subject the retail food establishment to enforcement action, including, but not limited to, civil penalties, permit suspension, permit revocation, or a combination of these.
