EL REMEDIO, 1005 FULTON, GARDEN CITY, KS - Restaurant inspection findings and violations
Violation code | Inspection Date | Violations |
|---|---|---|
|
Aug 21, 2008 | 7 |
|
Jul 21, 2008 | 11 |
- 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
between the REGULATORY AUTHORITY and the FOOD ESTABLISHMENT;
(16) Explaining the responsibilities, rights, and authorities assigned by this Code to the:
(a) FOOD EMPLOYEE,
(b) CONDITIONAL EMPLOYEE,
(c) PERSON IN CHARGE,
(d) REGULATORY AUTHORITY; and
(17) Explaining how the PERSON IN CHARGE, FOOD EMPLOYEES, and CONDITIONAL EMPLOYEES comply with reporting responsibilities and EXCLUSION or RESTRICTION of FOOD EMPLOYEES. - 3-301.11B - (B) Except when washing fruits and vegetables as specified under § 3-302.15 or as specified in ¶ (D) of this section, FOOD EMPLOYEES may not contact exposed, READY-TO-EAT FOOD with their bare hands and shall use suitable UTENSILS such as deli tissue, spatulas, tongs, single-use gloves, or dispensing EQUIPMENT.
- 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
4-602.11(D)(7). - 3-501.13 - Except as specified in ¶ (D) of this section, POTENTIALLY HAZARDOUS FOOD shall be thawed:
(A) Under refrigeration that maintains the FOOD temperature at 5oC (41oF) or less, or at 7oC (45oF) or less as specified under Subparagraph 3-501.16(A)(2); or
(B) Completely submerged under running water:
(1) At a water temperature of 21oC (70oF) or below,
(2) With sufficient water velocity to agitate and float off loose particles in an overflow, and
(3) For a period of time that does not allow thawed portions of READY-TO-EAT FOOD to rise above 5oC (41oF), or 7oC (45oF) as specified under Subparagraph 3-501.16(A)(2), or
(4) For a period of time that does not allow thawed portions of a raw animal FOOD requiring cooking as specified under ¶ 3-401.11(A) or (B) to be above 5oC (41oF), or 7oC (45oF) as specified under Subparagraph 3-501.16(A)(2), for more than 4 hours including:
(a) The time the FOOD is exposed to the running water and the time needed for preparation for cooking, or
(b) The time it takes under refrigeration to lower the FOOD temperature to 5oC (41oF), or 7oC (45oF) as specified under Subparagraph 3-501.16(A)(2);
(C) As part of a cooking process if the FOOD that is frozen is:
(1) Cooked as specified under ¶ 3-401.11(A) or (B) or § 3-401.12, or
(2) Thawed in a microwave oven and immediately transferred to conventional cooking EQUIPMENT, with no interruption in the process; or
(D) Using any procedure if a portion of frozen READY-TO-EAT FOOD is thawed and prepared for immediate service in response to an individual CONSUMER'S order. - 3-501.14A2 - (A) Cooked POTENTIALLY HAZARDOUS FOOD shall be cooled:
(2) Within a total of 6 hours from 57°C (135°F) to 5°C (41°F) or less, or to 7°C (45°F) or less as specified under Subparagraph 3-501.16(A)(2)(b). - 3-501.15A - (A) Cooling shall be accomplished in accordance with the time and temperature criteria specified under ' 3-501.14 by using one or more of the following methods based on the type of FOODbeing cooled:
(1) Placing the FOOD in shallow pans;
(2) Separating the FOOD into smaller or thinner portions;
(3) Using rapid cooling EQUIPMENT;
(4) Stirring the FOOD in a container placed in an ice water bath;
(5) Using containers that facilitate heat transfer;
(6) Adding ice as an ingredient; or
(7) Other effective methods. - 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 - 4-101.17A - (A) Except as specified in ¶¶ (B), (C), and (D) of this section,
wood and wood wicker may not be used as a FOOD-CONTACT
SURFACE. - 4-301.11 - 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.S
- 4-601.11A - (A) EQUIPMENT FOOD-CONTACT SURFACES and UTENSILS shall be clean to sight and touch.
- 6-301.11 - Each HANDWASHING SINK or group of 2 adjacent HANDWASHING SINKS shall be provided with a supply of hand cleaning liquid, powder, or bar soap.
- 6-301.12 - Each HANDWASHING SINK or group of adjacent HANDWASHING SINKSshall be provided with:
(A) Individual, disposable towels;
(B) A continuous towel system that supplies the user with a clean towel; or
(C) A heated-air hand drying device. - 6-501.111C - The presence of insects, rodents, and other pests shall be controlled to eliminate their presence on the PREMISES by:
(C) Using methods, if pests are found, such as trapping devices or other means of pest control as specified under §§ 7-202.12, 7-206.12, and 7-206.13; and - 7-204.11 - Chemical SANITIZERS and other chemical antimicrobials applied to FOOD-CONTACT SURFACEs shall meet the requirements specified in 40 CFR 180.940 Tolerance exemptions for active and inert ingredients for use in antimicrobial formulations (food-contact surface sanitizing solutions).
- 8-304.11 - Upon acceptance of the LICENSE issued by the REGULATORY AUTHORITY, the LICENSEE in order to retain the LICENSE shall:
(A) Post the LICENSE in a location in the FOOD ESTABLISHMENT that is conspicuous to CONSUMERS;
(B) Comply with the provisions of this Code including the conditions of a granted VARIANCE as specified under § 8-103.12, and APPROVED plans as specified under § 8-201.12;
(C) If a FOOD ESTABLISHMENT is required under § 8-201.13 to operate under a HACCP PLAN, comply with the plan as specified under § 8-103.12;
(D) Immediately contact the REGULATORY AUTHORITY to report an illness of a FOOD EMPLOYEE or CONDITIONAL EMPLOYEE as specified under ¶ 2-201.11(B);
(E) Immediately discontinue operations and notify the REGULATORY AUTHORITY if an IMMINENT HEALTH HAZARD may exist as specified under § 8-404.11;
(F) Allow representatives of the REGULATORY AUTHORITY access to the FOOD ESTABLISHMENT as specified under § 8-402.11;
(G) Except as specified under ¶ (H) of this section, replace existing facilities and EQUIPMENT specified in § 8-101.10 with facilities and EQUIPMENT that comply with this Code if:
(1) The REGULATORY AUTHORITY directs the replacement because the facilities and EQUIPMENT constitute a public health HAZARD or nuisance or no longer comply with the criteria upon which the facilities and EQUIPMENT were accepted,
(2) The REGULATORY AUTHORITY directs the replacement of the facilities and EQUIPMENT because of a change of ownership, or
(3) The facilities and EQUIPMENT are replaced in the normal course of operation;
(H) Upgrade or replace refrigeration EQUIPMENT as specified under Subparagraph 3-501.16(A)(2)(b), if the circumstances specified under Subparagraphs (G)(1) - (3) of this section do not occur first or by September 1, 2009;
(I) Comply with directives of the REGULATORY AUTHORITY including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the REGULATORY AUTHORITY in regard to the LICENSEE'S FOOD ESTABLISHMENT or in response to community emergencies;
(J) Accept notices issued and served by the REGULATORY AUTHORITY according to K.S.A.36-501 et seq., and amendments thereto.; and
(K) Be subject to the administrative, civil, injunctive, and criminal remedies authorized in LAW for failure to comply with this Code or a directive of the REGULATORY AUTHORITY, including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives.
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