Fresh Garden, 13820 Sunrise Valley Drive, Herndon, VA 20171 - Fast Food Restaurant inspection findings and violations



Business Info

Restaurant: Fresh Garden
Address: 13820 Sunrise Valley Drive, Herndon, VA 20171
Type: Fast Food Restaurant
Phone: 703 793-9233
Total inspections: 6
Last inspection: 12/16/2015

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Inspection findings

Inspection date

Type

The purpose of this visit was to conduct a risk factor assessment. Thank you for your time today. If you have any questions, please call (703) 246-2444.
No violation noted during this evaluation.
12/16/2015Risk Factor
Reviewed sanitizer concentrations and date-marking during today's visit. Manager has agreed to clean and adjust coil on 2DR flat top cooler. It was suggested that this unit only be used for raw shell eggs and/or non-potentially hazardous foods if it is maintaining between 41F and 45F. Thank you for your time today. if you have any questions, please call (703) 246-2444.
  • Critical: Cold Holding of Potentially Hazardous Food at 41°F or less (corrected on site) (repeated violation)
    Observation: The following food items were observed cold holding at improper temperatures using a calibrated food temperature measuring device: half and half, milk at 44F, 46F in 2DR flat top cooler.
    Correction: Potentially hazardous foods (time/temperature conrol for safety food) shall be held cold at a temperature of 41°F or below. MOVED TO ANOTHER UNIT TO COLD HOLD AT 41F OR BELOW.
05/26/2015Routine
REMINDERS:
**Focus on CRITICAL and REPEAT violations to avoid future enforcement actions. Some violations may require TRAINING and MONITORING of employees to ensure that they remain corrected.
**Do NOT allow food items to sit out at room temperature during busy times because it is convenient. Potentially hazardous food items must be held HOT at or above 135F or COLD at or below 41F.
**Monitor cooling methods and cooling time.

  • Cooling Methods (corrected on site) (repeated violation)
    Observation: The following methods used for cooling were not adequate to facilitate proper cooling: Observed grilled chicken, boiled potatoes cooling in deep container completely covered in refrigerators.
    Correction: Cooling hot foods shall be accomplished as follows: 1) placing the food in shallow pans
  • Critical: Date Marking of Refrigerated, Ready-to-Eat PHF (TCS Food) (corrected on site)
    Observation: The following refrigerated, ready-to-eat, potentially hazardous food that is commercially processed is not used or discarded within 24 hours of when the original container was opened and is not observed to be date marked: sliced deli meat, cream cheese, feta cheese
    Correction: Refrigerated, ready-to-eat, potentially hazardous commercially processed foods when opened and kept for more than 24 hours cannot have a shelf-life of more than 7 days, including the day of the original container was opened. These food items must be marked with either the "consume-by" date and/or "preparation" date, color-coded labels, or another marking system/method that effectively indicates shelf-life that is clearly understood and properly used by the employees. This date cannot exceed any manufacturer determined "use-by" date based on food safety.
  • Critical: Consumer Advisory, Disclosure Provided
    Observation: The following raw and/or undercooked foods are provided on the menu without proper disclosure: Eggs and Burger missing asterisk adjacent to the items and reminder statement.
    Correction: The Consumer Advisory shall include a disclosure statement that includes a description of the animal-derived foods as raw/undercooked or identification of the animal-derived foods by asteriking (*) them to a footnote that states that the items are served raw or undercooked, or contain raw or undercooked ingredients. Note: Sample corrected menu provided. Send updated menus within 10 days.
  • Critical: Sanitizers, 21 CFR Criteria for Food Contact (corrected on site)
    Observation: Chlorine (bleach) being applied to food contact surfaces does not meet the requirements of 21 CFR 178.1010. Note: Observed facility using scented bleach for sanitizing purpose.
    Correction: Chemical sanitizers shall be used in accordance with the CFR. High concentrations of sanitizer in excess of the CFR requirements can be harmful because residues of the materials remain. Note: The owner used quaternary ammonia solution today and will purchase unscented bleach tomorrow.
11/05/2014Routine
The purpose of today's visit is to conduct a risk factor assessment inspection.
Please email a copy of updated menu with correct consumer advisory within 10 days. (The previous menu had correct CA).
In addition to the violations documented above, the following violations associated with foodborne illness risk factors and public health interventions were noted:
3.501.15(A)-(B)
Observation:-(REPEAT) (CORRECTED DURING INSPECTION) The following methods used for cooling were not adequate to facilitate proper cooling: Observed chicken salad cooling in deep plastic container with lid on. Observed grilled chicken in metal pan adjacent to the grill.
Correction: Cooling hot foods shall be accomplished as follows: 1) placing the food in shallow pans

  • Critical: Food Protection from Contamination / Separate Raw from RTE (corrected on site)
    Observation: Raw animal food holding in a manner that may cause cross contamination of ready-to-eat food as follows: raw chicken, raw fish and raw burger stored above ready to eat foods --both 2DR prep refrigerators.
    Correction: Food shall be protected from cross contamination by separating raw animal foods like poultry, beef, pork, seafood, and eggs during holding from ALL other foods such as cooked foods, ready-to-eat foods, washed produce, etc.
  • Critical: Cold Holding of Potentially Hazardous Food at 41°F or less (corrected on site) (repeated violation)
    Observation: The following food items were observed cold holding at improper temperatures using a calibrated food temperature measuring device: Sliced tomatoes 47F --2DR prep top Note: Put back in refrigerator. Imitation crab 51F--2DR flat top inside. Note: Discussed proper thawing methods.
    Correction: Potentially hazardous foods (time/temperature control for safety food) shall be held cold at a temperature of 41°F or below unless the permit holder is using "time as public health control" as specified under 3-501.19 to limit bacteria growth.
  • Critical: Date Marking of Refrigerated, Ready-to-Eat PHF (TCS Food) (corrected on site)
    Observation: The following refrigerated, ready-to-eat, potentially hazardous food that is commercially processed is not used or discarded within 24 hours of when the original container was opened and is not observed to be date marked: feta cheese, swiss cheese, deli meat
    Correction: Refrigerated, ready-to-eat, potentially hazardous commercially processed foods when opened and kept for more than 24 hours cannot have a shelf-life of more than 7 days, including the day of the original container was opened. These food items must be marked with either the "consume-by" date and/or "preparation" date, color-coded labels, or another marking system/method that effectively indicates shelf-life that is clearly understood and properly used by the employees. This date cannot exceed any manufacturer determined "use-by" date based on food safety.
  • Critical: Consumer Advisory Required for Raw or Undercooked Animal Food
    Observation: A review of the menu with the foodservice operator indicates that there is no consumer advisory for the following food item that may be served raw and/or undercooked: eggs on new menus
    Correction: If an animal food such as beef, eggs, fish, lamb, milk, pork, poultry, or shellfish is served or sold raw or undercooked the permit holder shall inform consumers of the significantly increased risk of consuming such foods by way of a disclosure and reminder using brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means.
11/25/2013Risk Factor
  • Hair Restraint Effectiveness
    Observation: Employees observed working in the food service area without proper hair restraints. One employee wearing Visor cap which did not restrain her hair properly.
    Correction: Food employees shall wear hair restraints such as hats, visors, hair nets or beard nets to effectively keep their hair from contacting exposed food, clean equipment, utensils, linens, and unwrapped single-service items. This section does not apply to food employees such as counter staff who ONLY serve beverages and wrapped or packaged foods, hostesses, and wait staff.
  • Food Storage Containers, Identified with Common Name of Food (corrected on site)
    Observation: The following food items that are not easily identified by appearance were observed without a label: butter at the cookline in a plastic bottle
    Correction: Unless a food item can be easily recognized, all foods and ingredients removed from their original containers and stored in working containers shall be labeled using the common name of the food. For example: cooking oils, salt, sugar, flour, spices, herbs, etc.
  • Wiping Cloths/Use Limitation/Wet Towel Storage (corrected on site)
    Observation: Wet wiping cloths used for wiping counters and other equipment surfaces were observed stored on the counter.
    Correction: Wet wiping cloths are to be used for wiping counters and other equipment surfaces and are to be held in a chemical sanitizer solution at the appropriate concentration between uses.
  • Cooling Methods (corrected on site)
    Observation: The following methods used for cooling were not adequate to facilitate proper cooling: Observed cooked pasta cooling in a deep container with lid on in prep refrigerator. Observed cooked chicken removed from hot holding sitting in deep plastic container on prep table. Observed tuna salad cooling on prep top of the front refrigeartor.
    Correction: Cooling hot foods shall be accomplished as follows: 1) placing the food in shallow pans
  • Critical: Cold Holding of Potentially Hazardous Food at 41°F or less (corrected on site)
    Observation: The following food items were observed cold holding at improper temperatures using a calibrated food temperature measuring device: sliced tomatoes 49F, diced tomatoes 45F, hummus 51F, feta cheese 47F, tuna salad 54F--True 2DR prep top. Swiss cheese 46F, chicken gyro 46F--True 2DR prep refg. Note: All items in prep top discarded. Tuna salad put back in refrigerator.
    Correction: Potentially hazardous foods (time/temperature control for safety food) shall be held cold at a temperature of 41°F or below unless the permit holder is using "time as public health control" as specified under 3-501.19 to limit bacteria growth.
  • Temp Meas Devices for Cold & Hot Hold Equipment, Present
    Observation: There was no temperature measuring device located in the following cold or hot holding equipment: Flat top prep refrigerators and walk-in.
    Correction: Cold or hot holding equipment used for the storage of potentially hazardous foods (time/temperature control for safety food) shall be designed to include and shall be equipped with at least one integral or permanently affixed temperature measuring device that is located to allow easy viewing of the device's temperature display.
  • Food Temperature Measuring Device Required & Readily Accessible
    Observation: The certified food manager could not provide a food temperature measuring device.
    Correction: A metal-stemmed probe food thermometer shall be provided and readily accessible for use in ensuring attainment and maintenance of food temperatures.
  • Sanitizer Test Kit Required
    Observation: There is no test kit located in the facility for monitoring the concentration of the chemical sanitizing solutions.
    Correction: Obtain a BLEACH test kit.
  • Critical: Food-Contact Surface Sanitized before Use after Cleaning (corrected on site)
    Observation: The food-contact surfaces of the following equipment were not observed sanitized: The employee has knowledge but the sanitizing sink was not set up while she was doing dishes.
    Correction: All utensils and food-contact surfaces of equipment shall be sanitized before use and after cleaning.
  • Permit to Operate Required, Must be Posted, Must be Valid (corrected on site)
    Observation: The establishment has not posted the permit to operate in a conspicuous location.
    Correction: No person shall operate a food establishment unless that person possesses a valid permit issued by the Director. Only a person who complies with the requirements of this Chapter shall be entitled to receive or retain such a permit. Permits are not transferable from one owner to another. A valid permit shall be posted in every food establishment in a conspicuous place in the public view. Food establishment permits are issued for a calendar year and expire on December 31 regardless of the month of issue.
05/02/2013Routine
The Health Department has been notified that settlement on a change of ownership will occur on February 11, 2013. This inspection was conducted to facilitate the issuance of a Health Department Permit to Operate during the change of ownership at this establishment. At the time of this inspection, the establishment is in compliance with Chapter 43.1, Fairfax County Food Code. The current permit is not transferable. In order for a Permit to Operate to be issued after settlement, please contact Ron Campbell, Environmental Health Specialist III, at 703-246-8427. A first routine inspection will be conducted approximately 30 days after the Permit to Operate is issued. All outstanding violations from this pre-opening inspection must be corrected by the time of the first routine inspection.
Note the following recommendations:
It is recommended that more than one person on staff be a Certified Food Manager. A Certified Food Manager must be on the premises during ALL food preparation and service.
Recommendation is made to have exhaust hood cleaned at least every six months. Maintain records of hood cleaning for Health Department review.
Recommendation is made to clean hood filters at least every two weeks.
It is recommended that the grease trap be cleaned at least every two months. Maintain records of grease trap cleaning for Health Department review.
It is recommended that a monthly pest control program be implemented. Maintain records of pest control treatments for Health Department review.
Water heater: State SSE

  • Cutting Boards / Resurface / Discard
    Observation: The cutting board at the prep line is cut and scored and not able to be cleaned easily.
    Correction: Turn the cutting board over to provide a smooth and easily cleanable surface.
  • Ventilation Systems, Shall Be Clean
    Observation: The hood exhaust system has not been cleaned professionally within the last six months.
    Correction: Make arrangements for the hood to be cleaned within 14 days. Fax/email a copy of the work order to the Health Department when the work is completed.
02/05/2013Pre-Opening

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