Inspection Violation

Premises Information


	Return to Inspections

Name

ORIGINAL NY BAGELS, THE

Address

610 JETTON ST

SUITE 130

City/State/ZIP

DAVIDSON

28036

Premise Type

1 - Restaurant

County

Mecklenburg

Inspection Date

5/17/2023

Final Score @ Grade

General Comments

Call main office at 980-314-1620 to request re-inspection. EHS discussed Food Safety Management Systems (FSMS) with PIC during inspection. Supervisor Amy Michelone also discussed FSMS with owner. EHS suggested facility improves training of employees in facility to improve sanitation score and be in compliance. Please refer to training videos in body of inspection report for specific ways to improve in non compliant risk factor areas, videos are offered in multiple languages. ITS issued for facility to develop a risk control plan in relation to date marking. Facility must show EHS a specific plan to ensure TCS foods are date marked and not exceeding date labels. Must be approved by MCHD to lift ITS, EHS will continue to visit facility to check progress during ITS.

Violations

CDI=Corrected During Inspection

R=Repeat Violation

VR=Verification Required

Violation Item	Demerits	Violation Description	CDI	R	VR	Comments
1	1	PIC Present, demonstrates knowledge, & performs duties	Yes	Yes	No	2-102.11 (A) - (C )(1), (4)-(16) The Person in charge shall demonstrate knowledge of foodborne disease prevention, application of HACCP principles, and the requirements of this code by (A) Complying with the Food Code by having no violations of Priority Items during the current inspection, (B) Being a certified food protection manager, or (C) by responding correctly to the inspector's questions related to the operation of the food establishment. -Pf. Please visit our resource page, http://meck.co/FoodSafety , for more food safety information related to PIC Duties, Training, and managing food safety. Observed multiple priority violations, no CFPM for PIC and PIC unable to display active managerial control during inspection. EHS observed a severe lack of control on date marking TCS foods (most products with no date mark or a date mark that had expired), improper handwashing, milk (on ice) out of temperature for more than 4 hours. CDI- education provided during inspection in these areas, EHS discussed Food Safety Management Systems with PIC and owner, discussed training and check lists for employees to be implemented. REPEAT.
2	1	Certified Food Protection Manager	No	Yes	No	2-102.12 PIC shall demonstrate knowledge by being a certified food protection manager. For more information on becoming a certified food protection manager please visit: http://meck.co/FoodSafety. Observed PIC on duty with no CFPM, stated that employee with CFPM is not working today. REPEAT.
6	0.50	Proper eating, tasting, drinking or tobacco use	Yes	No	No	2-401.11 (A) Employees shall eat, drink, or use any form of tobacco only in designated areas where the contamination of exposed food, clean equipment and utensils, and other items needing protection can not result. Observed opened employee Gatorade stored on prep table, directly next to deli meat slicer. CDI- drink moved, EHS discussed proper drink storage.
8	4	Hands clean & properly washed	Yes	Yes	No	2-301.12 (A),(B) Wash hands for at least 20 seconds. Follow the cleaning procedure to adequately wash your hands. Use warm water, soap, scrub 10 to 15 seconds, rinse, and immediately follow the cleaning procedure with thorough hand drying method (ex. Disposable Paper Towel). -P Observed employee briefly rinsing hands in handsink (less than 10 seconds), not washing for at least 20 seconds and using bare hands to turn off faucet. CDI- EHS intervened, discussed proper hand washing with PIC and employees. Proper handwashing observed at end of inspection. For more information on handwashing, please visit: https://health.mecknc.gov/envhealth/food-and-facilities-sanitation or view our training video at the following web link, https://youtu.be/BH6CLGrH10M . 2-301.14 (G) Wash hands when switching between working with raw food and working with Ready to Eat Food. - P Observed grill cook switching between cracking eggs on grill and handling ready to eat foods (bagels, deli meats, cheeses), changing gloves without a handwash in between. CDI- EHS intervened, spoke with employee about handwashing between tasks, behavior corrected after discussion, EHS observed proper handwashing by end of inspection. REPEAT.
10	2	Handwashing sinks supplied & accessible	Yes	Yes	No	6-301.11 Provide soap for handwashing at each handsink. -Pf Observed no soap stocked at handsink near 3 comp sink. CDI- soap provided. REPEAT. 5-205.11 (A) A handwashing sink shall be maintained so that it is accessible at all times for employee use Pf. Observed handsink near 3 compartment sink blocked by large trash can that is propping the door open. CDI- trash can moved, EHS discussed maintaining access.
22	3	Proper cold holding temperatures	Yes	Yes	No	3-501.16(A)(2) Maintain TCS foods in cold holding at 41F or less. -P Observed multiple TCS foods in walk in cooler holding above 41F, see temperature chart. EHS found outer readout ranging from 42F to 44F, all TCS foods holding above 41F. EHS instructed employees to keep door closed, had employees wait extended period of time before opening door, ambient temperature of unit remained above 41F. PIC called for walk in to be serviced, facility is closed until walk in cooler is able to maintain TCS foods at 41F or below. EHS also observed milk on ice above 41F, PIC stated this stays on ice during hours of operation. CDI- all TCS products out of temperature were voluntarily discarded, put into trash bags and brought to dumpster during inspection. Refrigeration technician arrived during inspection, began working on unit and stated there was an issue with the thermostat, unit was stuck in a defrost mode. Technician repaired unit during inspection, walk in cooler holding at 38-39F by end of inspection. Facility allowed to re-open as all TCS food out of temperature was discarded and all refrigeration is now holding TCS foods at 41F or below. REPEAT. For more information, please visit: https://health.mecknc.gov/envhealth/food-and-facilities-sanitation or view our training videos at the following weblinks: What are TCS Foods https://youtu.be/bRvqAETDjQU and Safe Food Temperatures https://youtu.be/tXP09IK-1TQ .
23	3	Proper date marking & disposition	Yes	Yes	No	3-501.18 Discard the food requiring date labels once time/temperature window has expired, if it is not been labeled, or if the label is incorrect. -P Observed multiple products in display case with date labels that had exceeded the 7 day limit. EHS observed large stock containers of pasta salad, egg salad, potato salad, chicken salad, tuna salad and pasta salad with no date label in walk in cooler, PIC stated these products were delivered on Sunday. EHS found chicken salad, egg salad, tuna salad and pasta salad in front display case marked 5-8 to 5-15, had exceeded date marking limit. CDI- products voluntarily discarded, EHS discussed importance of date marking all products in facility and adhering to labels for discarding products. For more information, please visit: https://health.mecknc.gov/envhealth/food-and-facilities-sanitation or view our training videos at the following weblinks: What are TCS Foods https://youtu.be/bRvqAETDjQU and Date Marking Food Safely https://youtu.be/BOPsSNUajYs . 3-501.17 Date mark/label all TCS foods that are ready-to-eat once opened or prepared and held more than 24hrs. -Pf Observed large stocks of potato salad, pasta salad, tuna salad, chicken salad, several flavored cream cheeses with no date mark in the walk in cooler. PIC stated these products arrived to facility on Sunday from commissary, PIC and owner stated there were issues with labeling due to the rush from Mothers Day on Sunday. EHS explained that as of last inspection, will not allow backdating of products even if “certain” of date, see previous inspection for more information. CDI- products not labeled voluntarily discarded. REPEAT. For more information, please visit: https://health.mecknc.gov/envhealth/food-and-facilities-sanitation or view our training videos at the following weblinks: What are TCS Foods https://youtu.be/bRvqAETDjQU and Date Marking Food Safely https://youtu.be/BOPsSNUajYs .
28	1	Toxic substances properly identified stored & used	Yes	Yes	No	7-102.11 Label working containers of toxic materials such as cleaners and sanitizers.-Pf Observed 1x chemical bottle with label that has faded, no longer legiable. CDI- bottle relabeled during inspection. REPEAT. Note: points not escalated, facility has improved in chemical storage and labeling, just needs to ensure labels are maintained.
40	0	Personal cleanliness	No	No	No	2-402.11 Use head coverings, beard guards and clothing to restrain body hair from contacting exposed food, equipment, and utensils. Observed employee working with food with no hair covering.
41	0.50	Wiping cloths: properly used & stored	No	No	No	3-304.14(B) Hold in-use wiping cloths in properly concentrated sanitizer between uses. Observed 0ppm chlorine sanitizer in 2x red sanitizer buckets during inspection.
47	0	Equipment, food & non-food contact surfaces approved, cleanable, properly designed, constructed & used	No	No	No	4-501.11 Maintain equipment in good repair. Observed areas of shelving in the walk in cooler that are rusted, chipping coating.
49	0	Non-food contact surfaces clean	No	No	No	4-601.11(C ) Keep non food contact surfaces of equipment clean to avoid build up of dust, food residue or debris.4-602.13 Non food contact surfaces of equipment shall be cleaned frequently to preclude accumulation of soil residues. Observed shelving in walk in cooler and shelving inside of prep unit with buildup, in need of cleaning.