CHINA BUFFET, 1138 NELSON DR, DERBY, KS - Restaurant inspection findings and violations

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Business Info

Type: Restaurant
Address: 1138 NELSON DR, DERBY, KS 67037
Total inspections: 1
Last inspection: Aug 21, 2008

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Violation code

Inspection Date


  • 2-102.11 - Critical - Requirements for Demonstration of Knowledge of the Person In Charge
  • 3-302.11A1a - Critical - Separation raw ready to eat from other raw foods to protect from cross contamination (Corrected on site)
  • 3-302.11A1b - Critical - Separation raw from cooked ready to eat to protect from cross contamination (Corrected on site)
  • 3-304.12 - In-Use Utensils, Between-Use Storage provisions
  • 3-304.14 - Proper storage of wet & dry wiping cloths used for wiping food spills.
  • 3-403.11A - Critical - Food reheated to 165F for 15 seconds (Corrected on site)
  • 3-501.16A1 - Critical - Hot Holding: Food held at 140F or above excepts roasts cooked in accordance with time/temp requirements may be held at 130F (Corrected on site)
  • 3-501.17A1 - Critical - Food held at 41F or less may be dated 7 days (Corrected on site)
  • 4-601.11A - Critical - Food-contact surfaces of equipment and utensils must be clean to sight and touch (Corrected on site)
  • 4-602.11E4b - Equipment such as ice bins, beverage dispensers, ice makers, coffee grinders shall be cleaned at a frequency necessary to preclude accumulation of soil or mold
  • 7-102.11 - Critical - Working containers used for storing poisonous or toxic materials, taken from bulk containers shall be clearly and individually identified with the common name of the material. (Corrected on site)
  • 7-202.12A2 - Critical - Poisonous or toxic materials shall be used according to the manufacturer's labeled instructions (Corrected on site)
Aug 21, 200812

    Violation descriptions:
  • 2-102.11 - Based on the RISKS of foodborne illness inherent to the FOOD operation, during inspections and upon request the PERSON IN CHARGE shall demonstrate to the REGULATORY AUTHORITY knowledge of foodborne disease prevention, application of the HAZARD Analysis and CRITICAL CONTROL POINT principles, and the requirements of this Code. The PERSON IN CHARGE shall demonstrate this knowledge by:
    (A) Being a certified FOOD protection manager who has shown proficiency of required information through passing a test that is part of an ACCREDITED OR APPROVED PROGRAM; or
    (B) Responding correctly to the inspector's questions as they relate to the specific FOOD operation. The areas of knowledge include:
    (1) Describing the relationship between the prevention of foodborne disease and the personal hygiene of a FOOD EMPLOYEE;
    (2) Explaining the responsibility of the PERSON IN CHARGE for preventing the transmission of foodborne disease by a FOOD EMPLOYEE who has a disease or medical condition that may cause foodborne disease;
    (3) Describing the symptoms associated with the diseases that are transmissible through FOOD;
    (4) Explaining the significance of the relationship between maintaining the time and temperature of POTENTIALLY HAZARDOUS FOOD and the prevention of foodborne illness;
    (5) Explaining the HAZARDS involved in the consumption of raw or undercooked MEAT, POULTRY, EGGS, and FISH;
    (6) Stating the required FOOD temperatures and times for safe cooking of POTENTIALLY HAZARDOUS FOOD including MEAT, POULTRY, EGGS, and FISH;
    (7) Stating the required temperatures and times for the safe refrigerated storage, hot holding, cooling, and reheating of POTENTIALLY HAZARDOUS FOOD;
    (8) Describing the relationship between the prevention of foodborne illness and the management and control of the following:
    (a) Cross contamination,
    (b) Bare hand contact with READY-TO-EAT FOODS,
    (c) Handwashing, and
    (d) Maintaining the FOOD ESTABLISHMENT in a clean condition and in good repair;
    (9) Describing FOODS identified as MAJOR FOOD ALLERGENSthat could cause an allergic reaction in a sensitive individual.
    (10) Explaining the relationship between FOOD safety and providing EQUIPMENT that is:
    (a) Sufficient in number and capacity, and
    (b) Properly designed, constructed, located, installed, operated, maintained, and cleaned;
    (11) Explaining correct procedures for cleaning and SANITIZING UTENSILS and FOOD-CONTACT SURFACES of EQUIPMENT;
    (12) Identifying the source of water used and measures taken to ensure that it remains protected from contamination such as providing protection from backflow and precluding the creation of cross connections;
    (13) Identifying POISONOUS OR TOXIC MATERIALS in the FOODESTABLISHMENT and the procedures necessary to ensure that they are safely stored, dispensed, used, and disposed of according to LAW;
    (14) Identifying CRITICAL CONTROL POINTS in the operation from purchasing through sale or service that when not controlled may contribute to the transmission of foodborne illness and explaining steps taken to ensure that the points are controlled in accordance with the requirements of this Code;
    (15) Explaining the details of how the PERSON IN CHARGE and FOOD EMPLOYEES comply with the HACCP PLAN if a plan is required by the LAW, this Code, or an agreement
    (16) Explaining the responsibilities, rights, and authorities assigned by this Code to the:
    (17) Explaining how the PERSON IN CHARGE, FOOD EMPLOYEES, and CONDITIONAL EMPLOYEES comply with reporting responsibilities and EXCLUSION or RESTRICTION of FOOD EMPLOYEES.
  • 3-304.12 - During pauses in FOOD preparation or dispensing, FOOD preparation and dispensing UTENSILS shall be stored:
    (A) Except as specified under ¶ (B) of this section, in the FOOD with their handles above the top of the FOOD and the container;
    (B) In FOOD that is not POTENTIALLY HAZARDOUS with their handles above the top of the FOOD within containers or
    EQUIPMENTthat can be closed, such as bins of sugar, flour, or cinnamon;
    (C) On a clean portion of the FOOD preparation table or cooking EQUIPMENT only if the in-use UTENSIL and the FOOD-CONTACT surface of the FOOD preparation table or cooking EQUIPMENT are cleaned and SANITIZED at a frequency specified under §§ 4-602.11 and 4-702.11;
    (D) In running water of sufficient velocity to flush particulates to the drain, if used with moist FOOD such as ice cream or mashed potatoes;
    (E) In a clean, protected location if the UTENSILS, such as ice scoops, are used only with a FOOD that is not POTENTIALLY HAZARDOUS; or
    (F) In a container of water if the water is maintained at a temperature of at least 57oC (135oF) and the container is cleaned at a frequency specified under Subparagraph
  • 3-304.14 - (A) Cloths in-use for wiping FOOD spills from TABLEWARE and carry-out containers that occur as FOOD is being served shall be:
    (1) Maintained dry; and
    (2) Used for no other purpose.
    (B) Cloths in-use for wiping counters and other EQUIPMENT surfaces shall be:
    (1) Held between uses in a chemical sanitizer solution at a concentration specified under § 4-501.114; and
    (2) Laundered daily as specified under ¶ 4-802.11(D).
    (C) Cloths in-use for wiping surfaces in contact with raw animal FOODS shall be kept separate from cloths used for other purposes.
    (D) Dry wiping cloths and the chemical sanitizing solutions specified in Subparagraph (B)(1) of this section in which wet wiping cloths are held between uses shall be free of FOOD debris and visible soil.
    (E) Containers of chemical sanitizing solutions specified in Subparagraph (B)(1) of this section in which wet wiping cloths are held between uses shall be stored off the floor and used in a manner that prevents contamination of FOOD, EQUIPMENT, UTENSILS, LINENS, SINGLE-SERVICE, or SINGLE-USE ARTICLES.
    (F) SINGLE-USE disposable sanitizer wipes shall be used in accordance with EPA-approved manufacturer's label use instructions.
  • 3-403.11A - (A) Except as specified under ¶¶ (B) and (C) and in ¶ (E) of this section, POTENTIALLY HAZARDOUS FOOD that is cooked, cooled, and reheated for hot holdingshall be reheated so that all parts of the FOOD reach a temperature of at least 74oC (165oF) for 15 seconds before service.
  • 3-501.16A1 - (A) Except during preparation, cooking, or cooling, or when time is used as the public health control as specified under ' 3-501.19,and except as specified under ¶ (B) of this section, POTENTIALLY HAZARDOUS FOOD shall be maintained:
    (1) At 57oC (135oF) or above, except that roasts cooked to a temperature and for a time specified in ¶ 3-401.11(B) or reheated as specified in ¶ 3-403.11(E) may be held at a temperature of 54oC (130oF) or above; or
  • 3-501.17A1 - (A) Except when PACKAGING FOOD using a REDUCED OXYGEN PACKAGING method as specified under § 3-502.12, and except as specified in ¶¶ (D) and (E) of this section, refrigerated, READY-TO-EAT, POTENTIALLY HAZARDOUS 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, based on the temperature and time combinations specified below. The day of preparation shall be counted as Day 1.
    (1) 5°C (41°F) or less for a maximum of 7 days; or
  • 4-601.11A - (A) EQUIPMENT FOOD-CONTACT SURFACES and UTENSILS shall be clean to sight and touch.
  • 7-102.11 - Working containers used for storing POISONOUS OR TOXIC MATERIALS such as cleaners and SANITIZERS taken from bulk supplies shall be clearly and individually identified with the common name of the material.
  • 7-202.12A2 - POISONOUS OR TOXIC MATERIALS shall be:
    (A) Used according to:
    (2) Manufacturer's use directions included in labeling, and, for a pesticide, manufacturer's label instructions that state that use is allowed in a FOOD ESTABLISHMENT,

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