South Carolina § 45-4-40 Standards for food products; hygiene practices for innkeepers and employees; use of tobacco; food preparation areas and equipment.

South Carolina Statutes

§ 45-4-40 — Standards for food products; hygiene practices for innkeepers and employees; use of tobacco; food preparation areas and equipment.

South Carolina § 45-4-40

Title 45HOTELS, MOTELS, RESTAURANTS, AND BOARDINGHOUSES

Ch. 4SOUTH CAROLINA BED AND BREAKFAST ACT

This text of South Carolina § 45-4-40 (Standards for food products; hygiene practices for innkeepers and employees; use of tobacco; food preparation areas and equipment.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 45-4-40 (2026).

Text

(A)The standards provided in this section shall apply to a bed and breakfast providing the food service identified in Section 45-4-30(A)(1).

(B)(1) Food shall be in sound condition and safe for human consumption. The use of food in hermetically-sealed containers that was not prepared in a food processing establishment is prohibited, with the exception of properly sealed and refrigerated homemade jams, jellies, and preserves, which shall be monitored by the innkeeper for freshness.

(2)Fluid milk and fluid milk products shall be pasteurized and shall comply with applicable law. Raw milk shall not be provided or used in a bed and breakfast.

(3)Only clean shell eggs meeting applicable grade standards or pasteurized liquid, frozen or dry eggs, or pasteurized egg products shall be used.

(4)O

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(A) The standards provided in this section shall apply to a bed and breakfast providing the food service identified in Section 45-4-30(A)(1). (B)(1) Food shall be in sound condition and safe for human consumption. The use of food in hermetically-sealed containers that was not prepared in a food processing establishment is prohibited, with the exception of properly sealed and refrigerated homemade jams, jellies, and preserves, which shall be monitored by the innkeeper for freshness. (2) Fluid milk and fluid milk products shall be pasteurized and shall comply with applicable law. Raw milk shall not be provided or used in a bed and breakfast. (3) Only clean shell eggs meeting applicable grade standards or pasteurized liquid, frozen or dry eggs, or pasteurized egg products shall be used. (4) Only ice which has been manufactured with potable water and handled in a sanitary manner shall be used. (5) Food shall be protected from cross-contamination and from potential contamination by insects, insecticides, rodents, rodenticides, cleaning chemicals or utensils, overhead leakage or condensation, dust, coughs, and sneezes or other agents of public health significance. (6) A refrigerator or an oven used in a residential kitchen shall have a nonstationary, interior thermometer to monitor food temperatures. The storage temperature for perishable foods shall not exceed forty-five degrees Fahrenheit. The preparation temperature for baked foods shall be one hundred forty degrees Fahrenheit or more. (C)(1) Food shall be prepared with a minimum of manual contact and shall be prepared on food contact surfaces and with utensils that are clean and have been sanitized. (2) Foods shall be cooked and immediately served to guests. The following food handling practices shall be prohibited: (a) cooling and reheating prior to service; (b) hot holding for more than two hours; and (c) service of previously-served foods. (3) Frozen food shall be thawed: (a) in a refrigerator at a temperature not to exceed forty-five degrees Fahrenheit; or (b) under potable running water with sufficient water velocity to agitate and float off loose food particles; or (c) in a microwave oven only or as part of the conventional cooking process. (4) Innkeepers and employees engaged in food preparation shall maintain a high degree of personal cleanliness and shall conform to good hygienic practices during all food service and food handling periods. No innkeeper or employee who is infected with, or who is a carrier of, a disease that can be transmitted by foods may work with or handle food. (5) Innkeepers and employees shall not use tobacco in bed and breakfast kitchens and food preparation areas. (6) Food preparation areas, equipment, and utensils shall be constructed and repaired with safe materials, shall be corrosion resistant, nonabsorbent, and easily cleanable and durable under conditions of normal use. Equipment, utensils, and single service articles shall not impart odors, color, taste, nor contribute to the contamination of food. (D) Food equipment, tableware, and utensils shall be easily cleanable and stored in a manner to avoid contamination. These items shall be cleaned and sanitized prior to food preparation, and after each use. A domestic or residential dishwasher and manual cleaning procedures may be utilized for cleaning and sanitizing. If a domestic or residential dishwasher is used, it must: (1) be installed and operated according to manufacturer instructions for the highest level of sanitization possible, and the dishwasher temperature must be maintained at a minimum of 150°; (2) effectively remove physical soil from all surfaces of dishes and utensils; and (3) sanitize dishes and utensils by the application of sufficient accumulative heat.