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Avery County Health Dept
Public Health Inspections
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Premises Information

Return to Inspections
NameNEW MIYOSHI
Address1195 MILLERS GAP HIGHWAY
 
City/State/ZIP
NEWLAND NC 28657
Premise Type1 - Restaurant
CountyAvery
Inspection Date 4/1/2026
Final Score @ Grade
94 A
General CommentsInspection conducted by Intern Zach Holtsclaw under guidance of EHS Paul Miller (#3468). Observed frozen crab legs thawing in still water. Food employee claimed they are for personal use. Please be aware all frozen foods for commercial use shall be thawed in running water under 70F or in the cold holding unit. Guiding EHS observed objectionable odor near the three-compartment sink!

Violations

 
CDI=Corrected During Inspection  R=Repeat Violation  VR=Verification Required 
Violation Item Demerits Violation Description CDIRVRComments
1 0 PIC Present, demonstrates knowledge, & performs duties Yes No No 2-102.11 (A), (B) and (C) (1), (4) - (16) (PF) (17) Explaining how the PERSON IN CHARGE, FOOD EMPLOYEES, and CONDITIONAL EMPLOYEES comply with reporting responsibilities and EXCLUSION or RESTRICTION of FOOD EMPLOYEES. PIC doesn't possess an employee health policy. CDI: EHS gave PIC one.
3 0 Management, food & conditional employee; knowledge, responsibilities & reporting Yes No No 2-102.11 (C) (2), (3) and (17) Demonstration (Pf) (17) Explaining how the PERSON IN CHARGE, FOOD EMPLOYEES, and CONDITIONAL EMPLOYEES comply with reporting responsibilities and EXCLUSION or RESTRICTION of EMPLOYEES. PIC doesn't have an employee health policy. CDI: EHS gave PIC one.
5 0 Procedures for responding to vomiting & diarrheal events Yes No No 2-501.11 Clean-up of Vomiting and Diarrheal Event (Pf) A FOOD ESTABLISHMENT shall have written procedures for EMPLOYEESto follow when responding to vomiting or diarrheal events that involve the discharge of vomitus or fecal matter onto surfaces in the FOOD ESTABLISHMENT. PIC doesn't have a written vomit and diarrheal plan. CDI: EHS will provide one.
6 0 Proper eating, tasting, drinking or tobacco use Yes No No 2-401.11 Eating, Drinking, or Using Tobacco (C) A) Except as specified in (B) of this section, an EMPLOYEE shall eat, drink, or use any form of tobacco only in designated areas where the contamination of exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS; unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES; or other items needing protection can not result. Observed personal food storage alongside commercial food in the walk-in cooler. PIC rearranged storage upon request. CDI.
8 2 Hands clean & properly washed Yes No No 2-301.14 When to Wash (P) (E) After handling soiled EQUIPMENT or UTENSILS;. EHS observed PIC touch soiled utensils are return to prepping food. CDI: PIC voluntarily rewashed their hands.
10 1 Handwashing sinks supplied & accessible Yes No No 6-301.14 Handwashing Signage (C) A sign or poster that notifies FOOD EMPLOYEES to wash their hands shall be provided at all HANDWASHING SINKS used by FOOD EMPLOYEES and shall be clearly visible to FOOD EMPLOYEES. EHS observed a handwashing sink without postage of handwashing signage. CDI: EHS gave PIC handwashing sign. 5-205.11 Using a Handwashing Sink - Operation and Maintenance (Pf) (B) A HANDWASHING SINK may not be used for purposes other than handwashing. EHS observed wet rags in the basin of the handwashing sink. CDI: PIC voluntarily removed rags.
16 1.50 Food-contact surfaces: cleaned & sanitized No No Yes 4-601.11 (A) Equipment, Food-Contact Surfaces, Nonfood Contact Surfaces, and Utensils (Pf) (A) EQUIPMENT FOOD-CONTACT SURFACES and UTENSILS shall be clean to sight and touch. (B) The FOOD-CONTACT SURFACES of cooking EQUIPMENT and pans shall be kept free of encrusted grease deposits and other soil accumulations. EHS observed multiple utensils and pans with grease and food debris buildup. CDI: PIC voluntarily rewashed all utensils and pans. 4-501.114 Manual and Mechanical Warewashing Equipment, Chemical Sanitization - Temperature, pH, Concentration and Hardness (P)A chemical SANITIZER used in a SANITIZING solution for a manual or mechanical operation at contact times specified under 4-703.11(C) shall meet the criteria specified under §7-204.11 Sanitizers, Criteria, shall be used in accordance with the EPA-registered label use instructions, P and shall be used as follows:(A) A chlorine solution shall have a minimum temperature based on the concentration and PH of the solution as listed in the following chart. EHS observed dishwashing machine with a chlorine solution less than the required ppm. EHS will return on 4/6/26 to ensure machine is fixed.
23 1.50 Proper date marking & disposition Yes Yes No 3-501.17 Ready-To-Eat Time / Temperature Control for Safety Food, Date Marking (Pf) (A) Except when PACKAGING FOOD using a REDUCED OXYGENPACKAGING method as specified under § 3-502.12, and except asspecified in (E) and (F) of this section, refrigerated, READY-TOEAT, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD prepared and held in a FOOD ESTABLISHMENT for more than 24 hours shall be clearly marked to indicate the date or day by which the FOOD shall be consumed on the PREMISES, sold, or discarded when held at a temperature of 5C (41F) or less for a maximum of 7 days. The day of preparation shall be counted as Day 1. EHS observed food items without date marks. CDI: PIC voluntarily added date marks to food items.
33 0 Proper cooling methods used; adequate equipment for temperature control Yes No No 3-501.15 Cooling Methods (Pf) (2) Loosely covered, or uncovered if protected from overhead contamination as specified under Subparagraph 3-305.11(A)(2), during the cooling period to facilitate heat transfer from the surface of the FOOD. EHS observed food items being cooled that were not loosely covered. CDI: PIC voluntarily uncovered items to be cooled correctly. 4-301.11 Cooling, Heating, and Holding Capacities - Equipment (Pf) EQUIPMENT for cooling and heating FOOD, and holding cold and hot FOOD, shall be sufficient in number and capacity to provide FOOD temperatures as specified under Chapter 3. EHS observed food items being cooled in the incorrect equipment. CDI: PIC voluntarily moved food items to correct cooling equipment.
44 0 Utensils, equipment & linens: properly stored, dried & handled No No No 4-903.11 (A), (B), and (D) Equipment, Utensils, Linens and Single-Service and Single-Use Articles Storing (C) (B) Clean EQUIPMENT and UTENSILS shall be stored as specified under (A) of this section and shall be stored: (1) In a self-draining position that allows air drying; and(2) Covered or inverted. EHS observed utensils and pans being wetstacked.
47 0 Equipment, food & non-food contact surfaces approved, cleanable, properly designed, constructed & used Yes No No 4-101.19 Nonfood-Contact Surfaces (C) NonFOOD-CONTACT SURFACES of EQUIPMENT that are exposed to splash, spillage, or other FOOD soiling or that require frequent cleaning shall be constructed of a CORROSION-RESISTANT, nonabsorbent, and SMOOTH material. Observed heavy scoring on a metal prep table. Also observed plastic wrap. tin toil, and stickers covering non-food contact surfaces which makes them not easily cleanable. All non-food contact surfaces shall be smooth and easily cleanable 4-202.11 Food-Contact Surfaces - Cleanability (Pf) (A) Multiuse FOOD-CONTACT SURFACES shall be:(1) SMOOTH; and(2) Free of breaks, open seams, cracks, chips, inclusions, pits, and similar imperfections. Guiding EHS observed a knife with broken handle. EHS observed a swift that was torn at the top. CDI: PIC voluntarily discarded. 4-501.11 Good Repair and Proper Adjustment - Equipment (C) (B) EQUIPMENT components such as doors, seals, hinges, fasteners, and kick plates shall be kept intact, tight, and adjusted in accordance with manufacturer's specifications. Guiding EHS observed damaged gasket at the prep cooler.
49 0 Non-food contact surfaces clean No No No 4-601.11 (B) and (C) Equipment, Food-Contact Surfaces, Nonfood Contact Surfaces, and Utensils (C) (C) NonFOOD-CONTACT SURFACES of EQUIPMENT shall be kept free of an accumulation of dust, dirt, FOOD residue, and other debris. Observed sticky residues on prep tables and handles of equipment. Observation made by guiding EHS and not leading intern so points were not accessed.
55 0 Physical facilities installed, maintained & clean No No No 6-501.11 Repairing - Premises, Structures, Attachments, and Fixtures - Methods (C) PHYSICAL FACILITIES shall be maintained in good repair. Observed minor cracks in floor in food preparation area and wall damages in the men's restrooms. Observed personal food and dishes stored intermingled with food for commercial use. 6-403.11 Designated Areas (A) Areas designated for EMPLOYEES to eat, drink, and use tobacco shall be located so that FOOD, EQUIPMENT, LINENS, and SINGLESERVICE and SINGLE-USE ARTICLES are protected from contamination.Observation made by guiding EHS and not leading intern. 6-501.114 Maintaining Premises, Unnecessary Items and Litter (C) The PREMISES shall be free of: (A) Items that are unnecessary to the operation or maintenance of the establishment such as EQUIPMENT that is nonfunctional or no longer used. Observed broken cooler kept in the food preparation area and a drink machine which is no longer in use. Remove these items as soon as possible