- Chemical Use Criteria (46.1024)
46.1024 - Chemicals: Use Criteria (a) Sanitizers. Chemical sanitizers and other chemical antimicrobials applied to food-contact surfaces shall meet the requirements specified in 21 CFR 178.1010 (relating to sanitizing solutions). (b) Chemicals for washing fruits and vegetables. Chemicals used to wash or peel raw, whole fruits and vegetables shall meet the requirements specified in 21 CFR 173.315 (relating to chemicals used in washing or to assist in the peeling of fruits and vegetables). (c) Boiler water additives. Chemicals used as boiler water additives shall meet the requirements specified in 21 CFR 173.310 (relating to boiler water additives). (d) Drying agents. (1) Drying agents used in conjunction with sanitization shall contain only components that are listed as one or more of the following: (i) Generally recognized as safe for use in food as specified in 21 CFR 182 (relating to substances generally recognized as safe) or 21 CFR 184 (relating to direct food substances affirmed as generally recognized as safe). (ii) Generally recognized as safe for the intended use as specified in 21 CFR 186 (relating to indirect food substances affirmed as generally recognized as safe). (iii) Approved for use as a drying agent under a prior sanction specified in 21 CFR 181 (relating to prior-sanctioned food ingredients). (iv) Specifically regulated as an indirect food additive for use as a drying agent as specified in 21 CFR Parts 175—178. (v) Approved for use as a drying agent under the threshold of regulation process established by 21 CFR 170.39 (relating to threshold of regulation for substances used in food-contact articles). (2) When sanitization is with chemicals, the approval required in paragraph (1)(iii) or (v), or the regulation as an indirect food additive required in paragraph (1)(iv), shall be specifically for use with chemical sanitizing solutions. * Unapproved bleach was in use with wiping cloths. PIC had someone purchase approved bleach during time inspection.
- Food Storage Requirements & Prohibited Areas (46.321)
* Containers of food items is not stored at least 6 inches above the floor in the walk-in refrigerator unit.
- Date Marking of Ready-to-Eat Potentially Hazardous Foods (46.385(b))
46.385(b) - Date Marking of Ready-to-Eat Potentially Hazardous Foods (b) Date marking of ready-to-eat, potentially hazardous food. (1) Except as specified in paragraph (4) or (5), refrigerated, ready-to-eat, potentially hazardous food prepared and held in a food facility for more than 48 hours shall be clearly marked to indicate either of the following: (i) The date by which the food shall be consumed on the premises, sold or discarded. (ii) The date on which the food was prepared. (2) Refrigerated ready-to-eat potentially hazardous food prepared and packaged by a food processing plant shall be clearly marked with the date the original container is opened in a food facility. Except as specified in paragraphs (4) and (5), all food repackaged from the original container by the food facility shall be clearly marked to indicate the date by which the food shall be consumed on the premises, sold or discarded, and in no case may this date be beyond the manufacturer’s use-by date. (3) A refrigerated, ready-to-eat, potentially hazardous food that is frequently rewrapped (such as lunchmeat or a roast), or for which date marking is impractical (such as soft serve mix or milk in a dispensing machine), shall be marked as in paragraph (1) or (2), or by an alternative method acceptable to the Department. (4) Paragraphs (1) and (2) do not apply to individual meal portions served or repackaged for sale from a bulk container upon a consumer’s request. (5) Paragraph (2) does not apply to the following: (i) Fermented sausages produced in a Federally inspected food processing plant that are not labeled ‘‘keep refrigerated’’ and which retain the original casing on the product. (ii) Shelf stable, dry fermented sausages. (iii) Shelf stable salt-cured products such as prosciutto and parma (ham) produced in a Federally inspected food processing plant that are not labeled ‘‘keep refrigerated’’—provided that when the face is cut, the remaining portion is whole and intact. (6) A refrigerated, ready-to-eat, potentially hazardous food ingredient or a portion of a refrigerated, ready-to-eat, potentially hazardous food is subsequently combined with additional ingredients or portions of food, shall retain the date marking of the earliest-prepared or first-prepared ingredient. * Potentially hazardous ready to eat food (containers of sliced pork and cooked shrimp), prepared in the food facility and held for more than 48 hours, located in the walk-in refrigerator unit, was not date marked.
- Durability & Strength of Equipment, Utensils, & Food Temperature Measuring Devices (46.541)
* Cardboard is used as floor mats in the kitchen area and in storage area.
- Duty to Report Disease or Medical Condition (46.111)
46.111(a) - Duty to Report Disease or Medical Condition: Food Facility Operator (a) Responsibility of a food facility operator to require reporting. A food facility operator shall require a food employee and a food employee applicant to whom a conditional offer of employment is made to report to the person in charge information about their health and activities as they relate to diseases described in § 46.112 (relating to diseases or medical conditions that must be reported) or diseases that are transmissible through food. * Food faciliy does not have a Health Awareness Reporting Procedure for food employees.
- Required Washing Locations (46.133)
46.133 - Required Washing Locations Food employees shall clean their hands in a handwashing sink or approved automatic handwashing facility. Food employees may not clean their hands in a sink used for food preparation or warewashing, or in a utility sink or a curbed cleaning facility used for the disposal of mop water and similar liquid waste. * Several food employees was observed washing their hands at the 3-basin sink and in the food prep sink rather than the designated handwash sink.
- Eating, Drinking or Using Tobacco (46.151(a))
* Several employee's beverage container was observed in a food preparation area, during time of inspection.
- Hair Restraints (46.152)
8 Food employees observed not wearing or wearing ineffective hair restraints, such as nets, hats, or beard restraints.
- In-Use Utensils & Between Use Storage (46.302)
46.302 - In-Use Utensils & Between Use Storage (a) General. During pauses in food preparation or dispensing, food preparation and dispensing utensils shall be stored in the food with their handles above the top of the food and the container, unless the food is non-potentially hazardous and within containers or equipment that can be closed, such as bins of sugar, flour or cinnamon—in which case the food preparation and dispensing utensils shall be stored with their handles above the top of the food within the containers. (b) Storage on cleaned and sanitized tables or equipment. During pauses in food preparation or dispensing, food preparation and dispensing utensils may be stored on a clean portion of the food preparation table or cooking equipment only if the in-use utensil and the table or equipment are cleaned and sanitized at a frequency specified in § § 46.712 and 46.731 (relating to frequency of cleaning equipment food-contact surfaces and utensils
- Wiping Cloths Use Limitations (46.304)
46.304 - Wiping Cloths: Use Limitations (a) Cloths used for wiping food spills. Cloths that are used for wiping food spills shall be used for no other purpose. (b) Wet and dry wiping cloths. Cloths used for wiping food spills shall be one of the following: (1) Dry and used for wiping food spills from tableware and carry-out containers. (2) Wet and cleaned as specified in § 46.751(b)(4) (relating to requirement and frequency of laundering), stored in a chemical sanitizer at a concentration specified in § 46.674(a) (relating to warewashing equipment: mechanical or manual), and used for wiping spills from food-contact and nonfood-contact surfaces of equipment. (c) Wiping cloths used with raw animal-derived foods. Dry or wet cloths that are used with raw animal-derived foods shall be kept separate from cloths used for other purposes, and wet cloths used with raw animal-derived foods shall be kept in a separate sanitizing solution. (d) General cleanliness. Wet wiping cloths used with a freshly made sanitizing solution and dry wiping cloths shall be free of food debris and visible soil. * Moist wiping cloths observed lying on the food prep/cutting board and not stored in a labeled container of sanitizing solution in the food prep area and the kitchen area.
- Single-Use Gloves for Only One Task (46.305(a))
46.305 - Gloves: Use Limitations (a) Single-use gloves. Single-use gloves shall be used for only one task (such as working with ready-to-eat food or with raw animal-derived food), used for no other purpose and discarded when damaged or soiled, or when interruptions occur in the operation. (b) Slash-resistant gloves: general. Except as specified in subsection (c), slash-resistant gloves that are used to protect the hands during operations requiring cutting shall be used in direct contact only with food that is subsequently cooked as specified in § § 46.361—46.366 (relating to destruction of organisms of public health concern), such as frozen food or a primal cut of meat. (c) Slash-resistant gloves: exception. Slash-resistant gloves may be used with ready-to-eat food that will not be subsequently cooked if the slash-resistant gloves have a smooth, durable and nonabsorbent outer surface
- Food Storage Requirements & Prohibited Areas (46.321)
* Boxes of food and containers of food items is not stored at least 6 inches above the floor in the . * food items are stored in (non-food grade) plastic shopping bags in all the refrigeration units.
- Food Temperature Measuring Devices Provided (46.632)
46.632 - Numbers & Capacities of Food Temperature Measuring Devices Food temperature measuring devices shall be provided and readily accessible for use in ensuring attainment and maintenance of food temperatures as specified in Subchapter C (relating to food). A food temperature measuring device with a suitable small-diameter probe that is designed to measure the temperature of thin masses shall be provided and readily accessible to accurately measure the temperature of thin foods, such as meat patties or fish fillets. * Probe thermometer was not observed in the establishment during time of inspection. * Thermometers was not observed in all refrigeration units, where it is needed.
- Sanitizing Solution Testing Device Provided & Used (46.634 & 46.674(e))
* Food facility lacks sanitizer test strips to monitor sanitizer concentration.
- Objective of Cleaning Grease & Soil Accumulations & Nonfood Contact Surfaces (46.711(b)(c))
* Grease build-up was observed on exterior of the deep fryer and other cooking equipments in the kitchen area. * Grease build-up was observed on the light sheild at the ventilation system. * Interior & exterior of all the walk-in refrigeration units and the small refrigerator/food prep units, in the kitchen.
- Sanitization Requirements, Frequency and Methods (46.731)
* Sink stoppers for the 3-basin sink was not observed, during time of inspection.
- Storing Clean Items (46.774)
46.774 - Storing Clean Items (a) General requirement for equipment, utensils, linens and single-service and single-use articles. Except as specified in subsection (d), cleaned equipment and utensils, laundered linens and single-service and single-use articles shall be stored as follows: (1) In a clean, dry location. (2) Where they are not exposed to splash, dust or other contamination. (3) At least 15 cm (6 inches) above the floor. (b) Additional storage requirements for equipment and utensils. Clean equipment and utensils shall be stored as specified in subsection (a) and shall be stored covered or inverted, and in a self-draining position that allows air drying. (c) Additional storage requirements for single-service and single-use articles. Single-service and single-use articles shall be stored as specified in subsection (a) and shall be kept in the original protective package or stored by using other means that afford protection from contamination until used. (d) Items in closed packages. Items that are kept in closed packages may be stored less than 15 cm (6 inches) above the floor on dollies, pallets, racks and skids that are designed as specified in § 46.595 (relating to case lot handling equipment: moveability). (e) Prohibited storage locations. Except as specified in subsection (f), cleaned and sanitized equipment, utensils, laundered linens and single-service and single-use articles may not be stored in any of the following locations: (1) A locker room. (2) A toilet room. (3) A garbage room. (4) A mechanical room. (5) Under a sewer line that is not shielded to intercept potential drips. (6) Under a leaking water line—including a leaking automatic fire sprinkler head—or under a line on which water has condensed. (7) Under an open stairwell. (8) Under another source of contamination. (f) Limited exception for a locker room. Laundered linens and single-service and single-use articles that are packaged or in a facility such as a cabinet may be stored in a locker room. * Clean plates are not properly inverted and the upper shelves of the food prep unit. * Silverwares are not properly inverted with handles facing employee.
- Maintaining & Using a Handwashing Facility (46.825(a) & 46.981(h))
* The handwash sink in the kitchen area was blocked by large bowel of noodles and not accesible at all times for employee use. * No sign or poster posted at the handwash sink in the front counter area and in the kitchen area to remind food employees to wash their hands.
- Covered Waste Receptacle in Women's Toilet Room (46.882(b))
46.882(b) - Numbers & Capacities of Storage Areas & Receptacles for Refuse: Receptacle in Women's Toilet Room (b) Toilet room receptacle for sanitary napkins. A toilet room used by females shall be provided with a covered receptacle for sanitary napkins. * Trashcan with lid for the sanitary napkins was not observed in the womens' restroom.
- Operation & Maintenance of Storage Areas, Redeeming Machines, Waste Receptacles & Waste Handling Units (46.884)
* Uncovered trash cans are observed in the kitchen and in the front counter food prep area.
- Controlling Pests, Removing Dead or Trapped Birds, Insects, Rodents and Pests (46.981(k)(l))
* Live roaches are observed in the kitchen area, during time of inspection. * Mice droppings are observed on the shelves and floor of the establishment.