Uptown Sushi Bar & Grill, 9715 Fairfax Boulevard, Fairfax, VA - Restaurant inspection findings and violations

August 25, 2009 (Risk Factor Assessment)

• 3-501.16(A)(1) - Corrected During Inspection Critical The following food item(s) were found hot holding at improper temperatures using a calibrated food temperature measuring device:fried rice @ buffet=120-F, fried dumpling @ buffet=119-F
  Potentially hazardous foods (time/temperature control for safety food) shall be hot held at a temperature of 135F or above unless the permit holder is using "time as public health control" as specified under 3-501.19. Discarded
• 3-501.16(A)(2)(a) - Corrected During Inspection Critical The following food item(s) were observed cold holding at improper temperatures using a calibrated food temperature measuring device: potato salad 2 salad bar=60-F, fried tofu @ salad bar =60- ranch dressing=59-F, ginger dressing=59-F
  Potentially hazardous foods (time/temperature control for safety food) shall be held cold at a temperature of 41F or below unless the permit holder is using "time as public health control" as specified under 3-501.19. (discarded)
• 3-501.19(A) - Corrected During Inspection Critical The person in charge is not able to provide written procedures for the use of time as a public health control with the following potentially hazardous food item(s): sushi rolls on the buffet.
  If time only is used as a public health control for a working supply of potentially hazardous foods (time/temperature control for safety food) before cooking or for ready to eat, potentially hazardous foods that is displayed or held for service for immediate consumption, written procedures shall be prepared in advance and maintained in the food establishment and made available to the regulatory authority upon request. The permit holder should be able to describe the process to the Health Department.
• 7-102.11 - Corrected During Inspection Critical Working containers of poisonous and toxic materials are not properly labeled with a common name. Noted an unmarked spray bottle containing cleaning chemical solution without a label.
  Label all working containers of poisonous and toxic materials, including cleaners and sanitizers, with a common name to prevent the dangerous misuse of these materials.
• 7-204.11 - Corrected During Inspection Critical Chlorine Sanitizing Agent being applied to food contact surfaces with wet wiping towels does not meet the requirements of 21 CFR 178.1010. The concentration of chlorine in the solution was in excess of 200 ppm
  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.

May 04, 2009 (Follow-up)

• 46-36(a) - Corrected During Inspection Critical There is no Certified Food Manager present at the beginning of the inspection.
  The certified food manager is responsible for being present during ALL hours of operation including food preparation, food service, and cleaning/sanitizing of equipment, utensils, and surfaces.
• 46-41 - Corrected During Inspection Critical The establishment has been ordered to close due to the lack of a certified food manager.
  A certified food manager shall be present during ALL hours of operation including food preparation, food service, and cleaning/sanitizing of equipment, utensils, and surfaces.

March 09, 2009 (Follow-up)

February 03, 2009 (Routine)

• 2-401.11(A) - Corrected During Inspection Critical Open drinking container stored in a manner that may contaminate food, food contact surfaces or utensils. Uncovered beverage glass stored on prep table at the sushi bar.
  Food employees may have beverages in the kitchen areas as long as they are covered and consumed through a straw and stored in a manner that will prevent contamination to food, equipment, utensils, linens, and single service items.
• 2-402.11(A) - Corrected During Inspection Employee at the sushi bar observed working in the food service area without proper hair restraints.
  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.
• 3-304.12(A)-(F) - Corrected During Inspection Dispensing and/or in-use utensils improperly stored between use as follows: Ice scoop stored on top of the ice machine and not on a cleaned and sanitized surface. Ice scoop found stored on ice with the handle on the ice at the soda fountain ice bin.
  During pauses in food preparation or dispensing, food utensils shall be stored in one of the following manners: 1) in the food with their handles above the top of the food and the container, 2) in food that is not potentially hazardous (time/temperature control for safe food) with their handles above the top of the food within containers or equipment that can be closed, 3) 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, 4) in running water of sufficient velocity to flush particulates to the drain, 5) in a clean, protected location if the utensils are used only with a food that is NOT potentially hazardous (time/temperature control for safe food), or 6) in a container of water if the water is maintained at a temperature of at least 135F and the container is cleaned frequently.
• 3-304.14(B)(1) - Corrected During Inspection Improper use of wet wiping cloths for the following activity: Observed wet wiping towels stored on work surface and not in sanitizing solution after use.
  Cloths in use for wiping counters and other equipment surfaces shall be held between uses in a chemical sanitizer solution at a specified concentration.
• 3-305.11(A)(3) - Food stored on the floor and/or food stored less than 6 inches off the floor.
  Food shall be protected from contamination by storing the food at least 6 inches off the floor on approved shelving units or dunnage racks. Milk crates, soda crates, or bread racks are not suitable for food storage.
• 3-501.16(A)(1) - Corrected During Inspection Critical Repeat The following food item(s) were found hot holding at improper temperatures using a calibrated food temperature measuring device: roasted chicken baby back ribs.
  (Reheated ) Potentially hazardous foods (time/temperature control for safety food) shall be hot held at a temperature of 135F or above unless the permit holder is using "time as public health control" as specified under 3-501.19.
• 3-501.16(A)(2)(a) - Critical The following food item(s) were observed cold holding at improper temperatures using a calibrated food temperature measuring device: Pasta salad, seafood salad, Philadelphia roll, sushi (rolls display at room temperatures with no temperature control)
  Potentially hazardous foods (time/temperature control for safety food) shall be held cold at a temperature of 41F or below unless the permit holder is using "time as public health control" as specified under 3-501.19.
• 3-501.19(A) - Critical The person in charge is not able to provide written procedures for the use of time as a public health control with the following potentially hazardous food item(s): sushi rice, sushi roll, Philadelphia rolls at buffet.
  If time only is used as a public health control for a working supply of potentially hazardous foods (time/temperature control for safety food) before cooking or for ready to eat, potentially hazardous foods that is displayed or held for service for immediate consumption, written procedures shall be prepared in advance and maintained in the food establishment and made available to the regulatory authority upon request. The permit holder should be able to describe the process to the Health Department.
• 4-501.116 - The operator is not testing the chemical sanitizing solution to ensure proper concentration of the solution.
  The operator shall be monitoring the concentration of the sanitizing solution using a test kit or other device.
• 4-703.11(C) - Corrected During Inspection Critical When tested, excess concentration of chemical sanitizer was found in the sanitize basin.
  The sanitize basin of a 3-vat sink shall operate at a chemical concentration of t 50-100 ppm of chlorine,
• 4-703.11(C) - Corrected During Inspection Critical When tested, excess concentration of chemical sanitizer was found in the wiping cloth bucket.
  The wiping cloth buckets used for the storage of wet towels shall be maintained at a chemical concentration of 50-100 ppm of chlorine.
• 4-903.11(C) - Styro foam cups at the deli station were observed stored unprotected .
  Single-service items shall be stored in the original protective package or stored by using other means that afford protection from contamination until used. You may place the cups in cup dispensers for protection.
• 5-205.15(B) - Critical Water pools on the floor in an equipment broom at the basement. Source of water unknown.
  Determine the source of the water that pools on the floor and make repair to stop the pooling. Damp walls , floors, and ceiling may cause mold build-up which may be harmful to human health.
• 6-201.16(B) - The ceiling tiles in the lower level restrooms are absorbent and no easily cleanable.
  Replace the ceiling tiles in all restroom with ones hat are non absorbent and easy to clean.
• 6-501.11 - Observed that the floors, walls, and ceiling tiles are not maintained in good repair in some areas.
  Repair the physical facilities. Poor repair and maintenance compromises the functionality of the physical facilities.
• 6-501.12(A) - Observed that the floors at the soda syrup rack area, floor in the walk-in coolers and dry storage rooms and floor under stationary equipment , are in need of cleaning.
  Clean the physical facilities at a frequency necessary to ensure the protection and safe preparation of food.
• 7-204.11 - Corrected During Inspection Critical Chlorine being applied to food contact surfaces does not meet the requirements of 21 CFR 178.1010.
  (Diluted) 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.

June 20, 2008 (Follow-up)

• 3-302.11(A)(1) - Corrected During Inspection Critical Repeat Raw animal food holding in a manner that may cause cross contamination of ready-to-eat food as follows: raw fish stored over precooked fish (sushi bar reach-in), raw chicken over sauce (reach-in prep at the cookline), raw steak over french fries (upright freezer), and raw steak over cooked rice (2 door reach-in at the cookline).
  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.
• 3-501.17(A)(1) - Corrected During Inspection Critical Repeat The following ready-to-eat, potentially hazardous foods in the refrigeration unit are not used within 24 hours of preparation and are not properly dated for disposition within 7 days at 41F: curry sauce in the walk-in refrigerator marked for a 9 day expiration.
  Refrigerated, ready-to-eat, potentially hazardous foods (such as cheeses, cooked meats, and any product with dairy) that are prepared on site and held at 41F or below shall be clearly labeled and date marked with a "USE BY" not exceeding 7 TOTAL DAYS. If the food is held for only 24 hours, no date marking is required. For example, if foods like leftover soups, chili, tuna salad, potato salad, pasta salad, etc. are prepared on 6/20 they shall be date marked with a "use by" date not exceeding 6/26.
• 3-501.17(B) - Corrected During Inspection Critical Repeat The following ready-to-eat , commercially processed food in the refrigeration unit was not properly dated for disposition after opening: deli meat marked with an 8 day expiration in the walk-in and sliced portions observed redated according to the slice date instead of the package open date.
  Refrigerated, ready-to-eat, potentially hazardous foods that are commercially processed and held at 41F or below shall be clearly labeled and date marked with a "USE BY" not exceeding 7 TOTAL DAYS. If the food is held for only 24 hours, no date marking is required. For example, if foods like opened packages of deli meats are opened on 6/20 they shall be date marked with a "use by" date not exceeding 6/26.
• 3-501.19(B)(1)-(4) - Corrected During Inspection Critical The following food items for which time rather than temperature is being used as a control was not labeled to indicate an expiration time: milks at the customer self service area at the deli area. Note: Items discarded.
  If time only, rather than time in accordance with temperature control, up to a maximum of 4 hours is used as the public health control : 1) the food shall have an initial temperature of 41F or less if removed from cold holding temperature or, 2) the food shall have an initial temperature of 135F or above if removed from hot holding temperature control, 3) the food shall be marked or otherwise identified to indicate the time that is 4 hours past the point in time when the food is removed from temperature control, 4) the food shall be cooked and served, served if ready to eat, or discarded within 4 hours from the point in time when the food is removed from temperature control, and 5) the food if unmarked or marked to exceed a 4 hour limit shall be discarded.
• 3-603.11(A) - Critical Repeat A review of the menus with the foodservice operator indicates that the following food items may be served raw and/or undercooked: sushi on the sushi check list. Observed cooked items indicated with a symbol instead of raw items. Also, reminder statement is not adequate.
  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.

June 05, 2008 (Critical Procedures)

• 2-102.11(C) - Corrected During Inspection Critical The person in charge failed to explain responsibility in preventing transmission of foodborne disease by an employee who has a disease or a medical condition that may cause foodborne disease. Note: Guidance sheets provided to management.
  The Person in Charge or certified food manager is responsible for educating his/her employees on when they can and can not come to work. This person shall be knowledgeable in the symptoms and diseases that are transmissible from a food handler into food during food preparation.
• 2-401.11(A) - Corrected During Inspection Critical Observed a coffee cup stored on the shelf over a preparation table. Cup was supplied with a lid, but not a straw.
  Food employees may have beverages in the kitchen areas as long as they are covered and consumed through a straw and stored in a manner that will prevent contamination to food, equipment, utensils, linens, and single service items.
• 3-302.11(A)(1) - Corrected During Inspection Critical Raw animal food holding in a manner that may cause cross contamination of ready-to-eat food as follows: raw fish stored over vegetables (sushi bar reach-in), raw steak over vegetables (glass upright refrigerator), and ribs over vegetables (prep top).
  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.
• 3-302.11(A)(4) - Critical Unwrapped or uncovered food in the following location where the food is subject to contamination: frozen hash browns in the upright kitchen freezer and sugar in the dry storage room.
  Foods shall remain covered at all times to avoid contamination.
• 3-402.11(A) - Critical The following fish offered for service or sale in the ready-to-eat form was not frozen to ensure parasite destruction: flounder on the sushi menu.
  Before service or sale in ready-to-eat form, raw or partially cooked fish shall be: 1) frozen and stored at a temperature of -4F or below for a minimum of 7 days in a freezer, or 2) frozen at -31F or below until solid and stored at -31F or below for a minimum of 15 hours, 3) frozen at -31F or below until solid and stored at -4F or below for a minimum of 24 hours or 4) farm raised.
• 3-501.16(A)(1) - Critical The sushi rice was observed hot holding at 76F. Note: See comments section regarding the agreement to use Time as a Public Health Control.
  Foods that are being held hot for later service shall be kept at 135 F or above. Foods that are being held cold for later service shall be kept at 41 F or below. Foods that are kept between 41 F and 135 F have potential to grow bacteria that may cause foodborne illness.
• 3-501.16(A)(2)(a) - Corrected During Inspection Critical The following food items were observed cold holding at improper temperatures using a calibrated food temperature measuring device: ground beef patties in the glass upright, 44-46F and tofu in the server station glass reach-in, 55F. Note: Kept in refrigeration for immediate cooling.
  Potentially hazardous foods (time/temperature control for safety food) shall be held cold at a temperature of 41F or below unless the permit holder is using "time as public health control" as specified under 3-501.19.
• 3-501.17(A)(1) - Critical The following ready-to-eat, potentially hazardous foods in the refrigeration unit are not used within 24 hours of preparation and are not properly dated for disposition within 7 days at 41F: sauces and chicken quesadilla mix in the walk-in refrigerator, chicken salad in the deli refrigerator, and mashed potatoes in the upright refrigerator.
  Refrigerated, ready-to-eat, potentially hazardous foods (such as cheeses, cooked meats, and any product with dairy) that are prepared on site and held at 41F or below shall be clearly labeled and date marked with a "USE BY" not exceeding 7 TOTAL DAYS. If the food is held for only 24 hours, no date marking is required. For example, if foods like leftover soups, chili, tuna salad, potato salad, pasta salad, etc. are prepared on June 5th they shall be date marked with a "use by" date not exceeding June 11th.
• 3-501.17(B) - Critical The following ready-to-eat , commercially processed food in the refrigeration unit was not properly dated for disposition after opening: deli meat.
  Refrigerated, ready-to-eat, potentially hazardous foods that are commercially processed and held at 41F or below shall be clearly labeled and date marked with a "USE BY" not exceeding 7 TOTAL DAYS. If the food is held for only 24 hours, no date marking is required. For example, if foods like opened packages of deli meats are opened on June 5th they shall be date marked with a "use by" date not exceeding June 11th.
• 3-603.11(A) - Critical A review of the menus with the foodservice operator indicates that the following food items may be served raw and/or undercooked: sushi and steak. Menus were observed with half or no reminder statements and half or no items marked with the disclosure.
  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.
• 3-701.11(A) - Corrected During Inspection Critical The following food items are unsafe, adulterated, or not honestly presented and shall be discarded: moldy eggplants and moldy curry sauce. Note: Discarded.
  A food that is unsafe, adulterated, or not honestly presented shall be discarded or reconditioned according to an approved procedure.
• 4-601.11(A) - Corrected During Inspection Critical The following equipment were observed soiled to sight and touch: slicer.
  Equipment food-contact surfaces and utensils shall be clean to the sight and touch. A surface that is soiled cannot be effectively sanitized.
• 7-201.11(A) - Corrected During Inspection Critical Observed a container of chemical cleaning solution stored on a shelf with food items and a shelf of chemicals over food items in the deli storage room.
  All poisonous and toxic materials shall be stored to prevent contamination of food, equipment, utensils, linens, and single service items by separating the poisonous and toxic materials by spacing or partitioning.

May 05, 2008 (Follow-up)