Le Duc's Frozen Custard, 31884 Summit Avenue, Wales, WI 53183 - Restaurant inspection findings and violations



Business Info

Restaurant: Le Duc's Frozen Custard
Address: 31884 Summit Avenue, Wales, WI 53183
Phone: (262) 968-2894
Total inspections: 2
Last inspection: Oct 27, 2010
Score
(the higher the better)

92

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Inspection findings

Inspection Date

Inspection Score
(the higher the better)

  • Use a scoop with a handle for the cookie pieces and other food.
Aug 12, 2009 99
  • Violation 35 A: WFC 3-602.11 Food packaged in a food establishment, shall be labeled as specified in law, including 21 CFR 101 - Food
  • Violation 39 A: 3-304.14 Wiping Cloths and Working Containers, Use Limitation.
  • Violation 41 A: 3-304.12 In-Use Utensils, Between-Use Storage.
  • Violation 45 W: 4-501.11 Good Repair, Proper Adjustment, and Operation.
Oct 27, 2010 92

Violation descriptions and comments

Aug 12, 2009

Use a scoop with a handle for the cookie pieces and other food.
Violation 41 A: 3-304.12 In-Use Utensils, Between-Use Storage.
During pauses in FOOD PREPARATION or dispensing, FOOD PREPARATION and dispensing UTENSILS shall be stored:
(A) Except as specified under ¶ (B), 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 EQUIPMENT that 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 135 degrees F and the container is cleaned at a frequency
specified under Subparagraph
4-602.11(D)(7).

Two compartment sink in back. One side is used for handwashing sink. The other side is used for food prep sink and barrier is used between
the food and sink. Four compartment sink in front. Quat is used as sanitizer: over 400 ppm. Try to keep at 200 ppm. Chlorine is used in
the wiping cloth bucket: over 200 ppm. Try to keep at 100 ppm.

The following temperatures:
Woods refrigerator: 36 f Ice cream coolers: 3 f, 0 f, 2f, walk in freezer: 8 f
walk in cooler: 37 f sliding door freezer: 0 f 2 door freezer: 0 f
fountainette: 41 f BBQ: 162 f mixed vegetables: 155 f hot dogs: 172 f
hamburger: 174 f

Oct 27, 2010

Violation 45 W: 4-501.11 Good Repair, Proper Adjustment, and Operation.
The desert topping bays on the desert preparatory cooler did not have covers. Please provide covers per manufacturer specifications during slow
periods to help food product maintain temperatures at or below 41 f.
(A) EQUIPMENT shall be maintained in a state of repair and condition that meets the requirements specified under Parts 4-1 and 4-2.
(B) EQUIPMENT components such as doors, seals, hinges, fasteners, and kick plates shall be
kept intact, tight, and adjusted in accordance with manufacturer’s specifications.
(C) Cutting or piercing parts of can openers shall be kept sharp to minimize the creation of
metal fragments that can contaminate FOOD when the container is opened.
(D) EQUIPMENT shall be used and operated in accordance with the manufacturers’ instructions
and as listed and tested unless APPROVED by the REGULATORY AUTHORITY.
Violation 35 A: WFC 3-602.11 Food packaged in a food establishment, shall be labeled as specified in law, including 21 CFR 101 - Food
Labeling, and 9 CFR 317 Labeling, Marking Devices, and Containers.
Ice cream cakes in upright freezer did not bear the ingredients as required. Please provide ingredient information.
Label information shall include:
(1) The common name of the food, or absent a common name, an adequately
descriptive identity statement;
(2) If made from two or more ingredients, a list of ingredients in descending order of predominance by weight, including a declaration
of artificial color or flavor and chemical preservatives, if contained in the food;
(3) The name of the food source for each major food allergen contained in the food
unless the food source is already part of the common or usual name of the respective
ingredient (effective January 1, 2006).



Note: Under the Food Allergen Labeling and Consumer Protection Act (FALCPA), a
"major" food allergen" is an ingredient that is one of the following eight foods/food
groups or is an ingredient that contains protein derived from one of the following: Milk
and milk products (whey, nonfat dry milk, casein, sodium caseinate, etc.); eggs
(albumen, whites, meringue, etc.); fish (bass, flounder, cod, etc.); crustacean shellfish
(crab, lobster, shrimp, etc.); tree nuts (almonds, walnuts, pecans, etc., each is a
separate allergen); wheat and wheat proteins (malt, caramel color, flour, etc.); peanuts
(peanut butter, unrefined peanut oil, flour, etc.); and soybeans and soy products
(hydrogenated soy protein, tofu, unrefined soybean oil, etc.).
(4) An accurate declaration of the quantity of contents;
(5) The name and place of business of the manufacturer, packer, or distributor; and
(6) Except as exempted in the Federal Food, Drug, and Cosmetic Act § 403(Q)(3)-(5),
nutrition labeling as specified in 21 CFR 101 - FOOD Labeling and 9 CFR 317 Subpart
B Nutrition Labeling.
(7) For any salmonid fish containing canthaxanthin as a color additive, the labeling of
the bulk fish container, including a list of ingredients, displayed on the retail container or
by other written means, such as a counter card, that discloses the use of canthaxnthin.
Violation 39 A: 3-304.14 Wiping Cloths and Working Containers, Use Limitation.
A wet wiping cloth was found on a food preparatory counter. Please store in buckets at appropriate concentration of sanitizer.
(A) Cloths that are in use for wiping FOOD spills shall be used for no other purpose.
(B) Cloths used for wiping FOOD spills shall be:
(1) Dry and used for wiping FOOD spills from TABLEWARE and carry-out containers; or
(2) Wet and cleaned as specified under ¶ 4-802.11(D), stored in a chemical SANITIZER
at a concentration specified in § 4-501.114, and used for wiping spills from FOOD-CONTACT
and nonFOOD-CONTACT SURFACES of EQUIPMENT.
(C) Dry or wet cloths that are used with raw animal FOODS shall be kept separate from
cloths used for other purposes, and wet cloths used with raw animal FOODS shall be kept in
a separate SANITIZING solution.
(D) Wet wiping cloths used with a freshly made SANITIZING solution and dry wiping cloths
shall be free of FOOD debris and visible soil.



(E) Working containers of SANITIZING solutions for storage of in-use wiping cloths may be
placed above the floor if used in a manner to prevent contamination of FOOD, EQUIPMENT,
UTENSILS, LINENS, SINGLE-SERVICE or SINGLE-USE ARTICLES.
Violation 41 A: 3-304.12 In-Use Utensils, Between-Use Storage.
Various desert and nut toppings stored in plastic bins with cups for scouping. Please provide ladels and/or scoops with handles.
During pauses in FOOD PREPARATION or dispensing, FOOD PREPARATION and dispensing UTENSILS shall be stored:
(A) Except as specified under ¶ (B), 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 EQUIPMENT that 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 135 degrees F and the container is cleaned at a frequency
specified under Subparagraph
4-602.11(D)(7).

Four compartment sink with quaternary ammonium sanitizer at ~300 ppm. Two-compartment sink w/ soap and paper towels in the back of the
establishment. Test strips available for determining sanitizer concentration. Gloves are being used when contacting all ready-to-eat food.
Ice cream cones have paper wrap on exterior. Employee health policy is verbal. Wet wiping clothes stored in buckets w/ sodium hypochlorite
concentration >200 ppm (ideal is 100ppm). Datemarking is evident in cooler units.
Discussed providing barrier on handwash sink portion of two-compartment sink in back in regards to any food preparation in the adjacent bay.
If handwashing and food preparation tasks cannot be seperated, a barrier must be provided between the two bays to prevent the cross
contamination of hands and food. In addition, always provide a barrier between the food and the sink bay itself as this sink is not
air-gapped.
Note: The Woods refrigerator is a homestyle unit. Homestyle refrigerators are not approved in a commercial kitchen, when it becomes in poor
repair, replace with an NSF approved commercial refrigerator.
The following temperatures were recorded:
Norlake walk-in freezer: (-10 f)
Four-door chest freezer: (-1 f)
Two-door grill line cooler: 36 f
Ice cream freezers: north 10 f, south 28 f
Soft serve machine: 35 f
Fountainette: 40 f
Two-door freezer: 2 f
Woods refrigerator: 40 f
Dripping cabinets: 7 f
Packaging chest freezer: 5 f
Walk-in cooler: 35 f
Desert preparatory cooler: 40 f
Basement
Chest freezers: south (-6) f, middle 2 f, north 0 f
Kelvinator chest freezer: (-8) f
Food temperatures:
Turkey burger (hot hold): 160 f
Hamburger (hot hold): 139 f
Chicken rice soup: 147 f
Chili: 139 f
Barbeque: 146 f

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