| Violation Item
| Demerits
| Violation Description
| CDI | R | VR |
|
|---|
|
1
|
1
|
PIC Present, demonstrates knowledge, & performs duties |
Yes |
No
|
No |
2-102.11 Demonstration- PIC was unable to determine what the quaternary ammonium test strips were used for. PIC stated that all cooked meats and salsas were obtained from an offsite Gym Tacos location, but could not identify the exact location other than being a commissary. PIC could not answer what temperature TCS foods must be held at. After observing a dented can, PIC stated that dented cans could get used. During inspection, PIC stated that only 1 prep sink is used of the 2 present in the facility for both shrimp and produce. Multiple Priority violations observed during the inspection. No certified food protection manager for the facility. Based on the RISKS inherent to the FOOD operation, during inspections and upon request the PERSON IN CHARGE shall demonstrate this knowledge by:
(A) Complying with this Code by having no PRIORITY violations.
(B) Being a certified FOOD protection manager
(C) Responding correctly to the inspector's questions as they relate to the specific FOOD operation as specified in 2-102.11 ( C ) (1), (4) - (16). (PF) CDI - Provided education for each violation found in the facility. Discussed proper cold holding, hot holding, and food handling procedures. |
|
2
|
1
|
Certified Food Protection Manager |
No |
No
|
No |
2-102.12 (A) Certified Food Protection Manager (C) No one on site with a certificate from an American National Standard Institute (ANSI) accredited food protection manager program. At least one person must me on site as a certified food protection manager from a program such as ServSafe, NC Safeplates, or other. Ensure that managers for each shift have a valid food protection manager certificate from one of those programs. |
|
3
|
1
|
Management, food & conditional employee; knowledge, responsibilities & reporting |
Yes |
No
|
No |
2-103.11 Person in Charge (PIC) - PIC could not demonstrate employee health policy or documentation.
PIC shall ensure that: (O) FOOD EMPLOYEES and CONDITIONAL EMPLOYEES are informed in a verifiable manner of their responsibility to report in accordance with LAW, to the PIC, information about their health and activities as they relate to diseases that are transmissible through FOOD, as specified under 2-201.11(A) (PF) CDI - Emailed copy of employee health policy in English Spanish while on site |
|
6
|
0.50
|
Proper eating, tasting, drinking or tobacco use |
No |
Yes
|
No |
2-401.11 Eating, Drinking, or Using Tobacco- REPEAT. In the office space where dry goods such as canned products and dried peppers were stored, observed employee bottled waters stored on a shelf above the canned goods. Employees shall eat, drink, or use any form of tobacco only in designated areas and handle beverages in a manner that prevents cross contamination (B) A FOOD EMPLOYEE may drink from a closed BEVERAGE container if the container is handled to prevent contamination of:
(1) The EMPLOYEE'S hands;
(2) The container; and
(3) Exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES.
Discussed a proper storage location such as the bottom shelf of the dry storage area. |
|
10
|
0
|
Handwashing sinks supplied & accessible |
Yes |
No
|
No |
6-301.14 Handwashing Signage (C) No handwash signage at the handwash sink in the beverage prep area. A clearly visible sign or poster that notifies FOOD EMPLOYEES to wash their hands shall be provided at all HANDWASHING SINKS used by FOOD EMPLOYEES. (C) Install handwashing sign at this hand sink.
5-205.11 Using a Handwashing Sink - Operation and Maintenance (Pf) - Observed hand soap to the hand sink at the beverage station, closest to the cook line, with a soap dispenser blocked by a tea brewer.
(A) A HANDWASHING SINK shall be maintained so that it is always accessible for EMPLOYEE use.
(B) A HANDWASHING SINK may not be used for purposes other than handwashing. (PF) CDI - PIC moved the tea brewer to allow access to the hand soap. |
|
13
|
0
|
Food in good condition, safe & unadulterated |
Yes |
No
|
No |
3-202.15 Package Integrity (Pf) Observed one dented can stored with other cans in the dry storage. FOOD packages shall be in good condition and protect the integrity of the contents so that the FOOD is not exposed to ADULTERATION or potential contaminants. (PF) CDI - Discussed keeping dented cans separately for return credit or discarding. These products cannot be used when the seal around the edges or middle seal is compromised. Discussed this thoroughly with PIC and staff. |
|
16
|
1.50
|
Food-contact surfaces: cleaned & sanitized |
Yes |
No
|
No |
4-601.11 Equipment, Food-Contact Surfaces, Nonfood-Contact Surfaces, and Utensils - Observed a few metal pans stacked tightly as clean with food debris between the pans, a knife with food debris along the blade, and a container on the "clean" end of the 3 compartment sink with a date sticker and food debris on the pan. (A) EQUIPMENT FOOD-CONTACT SURFACES and UTENSILS shall be clean to sight and touch. (Pf) CDI - PIC moved to the dirty drainboard side and informed employees to wash, rinse, and sanitize. |
|
21
|
1.50
|
Proper hot holding temperatures |
Yes |
No
|
No |
3-501.16-TCS FOOD Hot and Cold Holding - Observed cooked pastor stored in a stainless steel pan on a table next to the grill at 130F. PIC stated employee had reheated on the grill for hot holding at 20 min prior to the inspection. (A)(1) Except during preparation, cooking, or cooling, or when time is used as the public health control, hot TIME/TEMPERATURE CONTROL FOR SAFETY FOOD shall be maintained 135F or above. (P) CDI - PIC had employee reheat on the grill. Instructed PIC to use a large pan with water in the bottom and store the smaller stainless steel pans inside the water to maintain foods at 135F on the grill top. Observed the rice cooker unplugged. Not yet a violation as rice was still holding at 146F. However, equipment must be maintained and used properly to maintain temperatures of 135F or greater for hot holding. |
|
22
|
3
|
Proper cold holding temperatures |
Yes |
Yes
|
No |
3-501.16- TCS FOOD Hot and Cold Holding - REPEAT Observed cooked chicken, cooked pastor, cooked steak, and raw shrimp holding at a range of 44F - 45F. Observed cut lettuce at 43F prepped 6/28 per PIC. No explanation in prep process or handling product today that justified the temperature abuse.Except during preparation, cooking, or cooling, or when time is used as the public health control, cold TIME/TEMPERATURE CONTROL FOR SAFETY FOOD with the exception of EGGS shall be maintained at 41F or below. CDI- main cook voluntarily discarded all foods except for raw shrimp. Raw shrimp was cooled to 41F. The unit had a jammed door on the top left drawer. After adjusting the drawer, the unit ambient temperature was at 39F and foods were cooling. Cooked foods had reached 4 hours from 9 am - 1 pm after being placed in the cold drawers from the walk-in cooler per the chef and PIC. Lettuce was voluntarily discarded. |
|
23
|
0
|
Proper date marking & disposition |
Yes |
No
|
No |
3-501.17 Ready-To-Eat Time / Temperature Control for Safety Food, Date Marking (Pf) REPEAT. Observed a container of cut tomatoes with visible condensation on the plastic film with a date reading 6/27. PIC confirmed with staff that those tomatoes had been prepared today 6/29. Refrigerated, READY-TO-EAT, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD prepared and held in a FOOD ESTABLISHMENT as well as READY-TO-EAT TIME/TEMPERATURE CONTROL FOR SAFETY FOOD prepared and PACKAGED by a FOOD PROCESSING PLANT that has been opened and held 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 41F or less for a maximum of 7 days and may not exceed the manufacturer’s use-by date. CDI - The true date had not exceeded the date marking requirements, no points assessed. PIC changed date to correct date. Discussed not reusing dates or pans. |
|
33
|
0.50
|
Proper cooling methods used; adequate equipment for temperature control |
No |
No
|
Yes |
4-301.11 Cooling, Heating, and Holding Capacities - Equipment (Pf) Observed a large flip top cooler to the right side of the steam table with no TCS foods stored inside reading an ambient temperature of 75F. An Avantco countertop cold rail was stored inside the top rail of the flip top to compensate for the entire unit not working. 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. (Pf) PIC stated that the part for the unit had been ordered and would be installed by next week. This repair will be verified within 10 days. |
|
39
|
1
|
Contamination prevented during food preparation, storage & display |
No |
No
|
Yes |
3-304.13 Linens and Napkins, Use Limitations (C) - Observed a stack of tortillas at the grill wrapped in a cloth linen. LINENS and napkins may not be used in contact with FOOD unless they are used to line a container for the service of FOODS and the LINENS and napkins are replaced each time the container is refilled for a new CONSUMER. Discussed with PIC and had the tortillas wrapped in a food-grade liner rather than linens.
3-306.11 Food Display - Preventing Contamination by Consumers (P) - Observed salsa bar noted on previous inspection without any approved sneeze protection. Pans of salsa had plastic hinge lids, but were not self-closing and used for customer self-service. This bar was not originally approved during the permitting process or plan review. Except for nuts in the shell and whole, raw fruits and vegetables that are intended for hulling, peeling, or washing by the CONSUMER before consumption, FOOD on display shall be protected from contamination by the use of PACKAGING; counter, service line, or salad bar FOOD guards; display cases; or other effective means.(P) ANSI approved commercial sneeze guards must be installed within 3 days. |
|
40
|
0.50
|
Personal cleanliness |
No |
Yes
|
No |
2-303.11 Prohibition - Jewelry (C)- REPEAT. Observed food employee wearing a watch. Except for a plain ring such as a wedding band, while preparing FOOD, FOOD EMPLOYEES may not wear jewelry including medical information jewelry on their arms and hands. |
|
41
|
0
|
Wiping cloths: properly used & stored |
No |
No
|
No |
3-304.14 Wiping Cloths, Use Limitation- Observed a wet wiping cloth stored on top of the flip top cooler. Cloths in-use for wiping counters and other EQUIPMENT surfaces shall be: Held between uses in a properly mixed sanitizer solution. Discussed storing any wet wiping cloth in the sanitizer between uses. |
|
43
|
0
|
In-use utensils: properly stored |
No |
No
|
No |
3-304.12 In-Use Utensils, Between-Use Storage (C) Observed a scoop with the handle stored in contact with the sugar. Store in-use utensils in a clean, dry place, in food with handles out, in 135F or greater water or in running water which quickly moves food particles to the drain. Sanitizer was dumped out and the spatula is now stored in a clean,dry place. |
|
44
|
1
|
Utensils, equipment & linens: properly stored, dried & handled |
No |
Yes
|
No |
4-901.11 Equipment and Utensils, Air-Drying Required (C) - REPEAT. Observed multiple stacks of metal pans on the clean rack stacked while wet. Air dry equipment and utensils after cleaning and sanitizing. Allow products to air dry COMPLETELY before stacking together. |
|
47
|
0.50
|
Equipment, food & non-food contact surfaces approved, cleanable, properly designed, constructed & used |
Yes |
No
|
No |
4-101.11 Characteristics - Materials for Construction and Repair (P) - Observed a plastic grocery bag that had been cut into a circular shape stored on the food-contact portion of the cast iron tortilla press. PIC stated that the bags are used in contact with the tortilla dough when pressing tortillas. Materials for Construction and Repair Materials that are used in the construction of FOOD-CONTACT SURFACES shall be safe, durable, nonabsorbent, corrosion-resistant, with a smooth, easily cleanable surface and may not allow the migration of deleterious substances or impart colors, odors, or tastes to food. P CDI - Discussed with PIC and staff that the bags are not food-contact approved items. Showed PIC that the food-grade plastic wrap and parchment paper that was on site was approved.
4-501.11 Good Repair and Proper Adjustment - Equipment (C) - Observed torn gaskets in the cold drawers and a flip top cooler not functioning. All equipment shall be maintained in good repair. Replace gaskets, and repair the flip top cooler. |
|
55
|
0.50
|
Physical facilities installed, maintained & clean |
No |
No
|
No |
6-501.11 Repairing - Premises, Structures, Attachments, and Fixtures - Methods (C) Ventilation covers in the warewashing area were rusted. / Missing grout between tiles in the prep area. PHYSICAL FACILITIES shall be maintained in good repair. Repair all areas.
6-201.18 Walls and Ceilings, Studs, Joists, and Rafters (C) Observed exposed ceiling and rafters around the walk-in cooler near the mop sink. Missing ceiling tiles in the dry storage room. Studs, joists, and rafters may not be exposed in areas subject to moisture. Flash in around the walk-in cooler. Replace ceiling tiles in the dry storage area. |