The Mandarin Chinese Bistro

EHS observed a bucket of lemons stored directly on top of ice in the ice machine. Also, EHS observed the scoop for the ice machine handling touching the ice.

CA-PIC removed the bucket of lemons and EHS informed PIC about properly storing handles.

511-6-1.04(4)(q) - Food Storage (C) (q) Food Storage.

1. Except as specified in paragraphs 2 and 3 of this subsection, food shall be protected from contamination by storing the food:

(i) In a clean, dry location;

(ii) Where it is not exposed to splash, dust, or other contamination; and

(iii) At least 6 inches (15 cm) above the floor.

2. Food in packages and working containers may be stored less than 6 inches (15 cm) above the floor on case lot handling equipment if the equipment can be moved by hand or by conveniently available apparatuses such as hand trucks and forklifts.

3. Pressurized beverage containers, cased food in waterproof containers such as bottles or cans, and milk containers in plastic crates may be stored on a floor that is clean and not exposed to floor moisture.

EHS observed the facility floor was in need of a cleaning in the kitchen. EHS observed a piece of chicken on the floor.

CA-PIC needs to make sure that the floors are routinely being cleaned.

511-6-1.07(5)(a),(b) - Good Repair, physical facilities maintained; Cleaning, Frequency & Restrictions, cleaned often enough to keep them clean (C) (5) Maintenance and Operation.

(a) Good Repair. All physical facilities shall be maintained in good repair.

(b) Cleaning, Frequency and Restrictions.

1. The physical facilities shall be cleaned as often as necessary to keep them clean and by methods that prevent contamination of food products.

2. Except for cleaning that is necessary due to a spill or other accident, cleaning shall be done during periods when the least amount of food is exposed, such as after closing.

3. If present, playground equipment and associated areas shall be maintained in a clean and sanitary condition. In addition, a cleaning and sanitizing plan along with cleaning and sanitizing records for playground equipment and associated areas shall be maintained within the food service establishment for review upon request by the Health Authority. Further, such cleaning and sanitizing plan for employees to follow in the event of encountering vomitus or fecal matter shall be included and submitted at the time of permit application as specified in DPH Rule 511-6-1-.02(1)(c). Pf

EHS observed spices by the grill in containers without labels and in the dry storage area the large containers that contain sugar and rice was not labeled.

CA-PIC needs to make sure that all items that are taken out of its original container must be labeled with this common name.

511-6-1.04(7)(c) - Food Labels (Pf, C) (c) Food Labels.

1. Food packaged in a food service establishment, shall be labeled as specified in law, including 21 CFR 101- Food labeling, and 9 CFR 317 Labeling, marking devices, and containers.

2. Label information shall include:

(i) The common name of the food, or if there is no common name, an adequately descriptive identity statement;

(ii) If made from two or more ingredients, a list of ingredients and sub-ingredients in descending order of predominance by weight, including a declaration of artificial color or flavors and chemical preservatives, if contained in the food;

(iii) An accurate declaration of the net quantity of contents;

(iv) The name and place of business of the manufacturer, packer, or distributor; and

(v) 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. Pf

(vi) 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.

(vii) For any salmonid fish containing canthaxanthin or astaxanthin 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 canthaxanthin or astaxanthin.

3. Bulk food that is available for consumer self-dispensing shall be prominently labeled with the following information in plain view of the consumer:

(i) The manufacturer's or processor's label that was provided with the food; or

(ii) A card, sign, or other method of notification that includes the information specified under paragraphs 2(i), (ii), and (vi) of this subsection.

4. Bulk, unpackaged foods such as bakery products and unpackaged foods that are portioned to consumer specification need not be labeled if:

(i) A health, nutrient content, or other claim is not made;

(ii) There are no state or local laws requiring labeling; and

(iii) The food is manufactured or prepared on the premises of the food service establishment or at another food service establishment or a food processing plant that is owned by the same person and is regulated by the food regulatory agency that has jurisdiction.

EHS observed different spices that is on a cart located by the grill without any cover.

CA-PIC needs to make sure that all food items are covered to protect the items from possible contamination.

511-6-1.04(4)(c)1(iv) - Packaged & Unpackaged Food, food stored covered(C) (iv) Except as specified under paragraph 2. of this subsection and when cooling as specified in DPH Rule 511-6-1-.04(6)(e)2.(ii), storing the food in packages, covered containers, or wrappings, except for loosely covered or uncovered containers in which food is being cooled if protected from overhead contamination;

EHS observed spices by the grill in containers without labels and in the dry storage area the large containers that contain sugar and rice was not labeled.

CA-PIC needs to make sure that all items that are taken out of its original container must be labeled with this common name.

511-6-1.04(7)(c) - Food Labels (Pf, C) (c) Food Labels.

1. Food packaged in a food service establishment, shall be labeled as specified in law, including 21 CFR 101- Food labeling, and 9 CFR 317 Labeling, marking devices, and containers.

2. Label information shall include:

(i) The common name of the food, or if there is no common name, an adequately descriptive identity statement;

(ii) If made from two or more ingredients, a list of ingredients and sub-ingredients in descending order of predominance by weight, including a declaration of artificial color or flavors and chemical preservatives, if contained in the food;

(iii) An accurate declaration of the net quantity of contents;

(iv) The name and place of business of the manufacturer, packer, or distributor; and

(v) 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. Pf

(vi) 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.

(vii) For any salmonid fish containing canthaxanthin or astaxanthin 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 canthaxanthin or astaxanthin.

3. Bulk food that is available for consumer self-dispensing shall be prominently labeled with the following information in plain view of the consumer:

(i) The manufacturer's or processor's label that was provided with the food; or

(ii) A card, sign, or other method of notification that includes the information specified under paragraphs 2(i), (ii), and (vi) of this subsection.

4. Bulk, unpackaged foods such as bakery products and unpackaged foods that are portioned to consumer specification need not be labeled if:

(i) A health, nutrient content, or other claim is not made;

(ii) There are no state or local laws requiring labeling; and

(iii) The food is manufactured or prepared on the premises of the food service establishment or at another food service establishment or a food processing plant that is owned by the same person and is regulated by the food regulatory agency that has jurisdiction.

EHS observed the ice machine had mold like substance inside of the unit.

CA-PIC needs to make sure that the ice machine is being routinely cleaned to reduce mold like substance from appearing.

511-6-1.05(7)(a)2,3 - Equipment, Food/Nonfood-Contact Surfaces, and Utensils, food-contact surfaces of cooking equipment & nonfood-contact surfaces free of accumulations (C) 2. The food-contact surfaces of cooking equipment and pans shall be kept free of encrusted grease deposits and other soil accumulations.

3. Nonfood-contact surfaces of equipment shall be kept free of an accumulation of dust, dirt, food residue, and other debris.

EHS observed several food items stored in cold holding units that were not covered. The items were bamboo strips and sauces.

CA- PIC needs to make sure that employees are covering all food items that are placed in cold holding units. This will help reduce possible contamination of the food.

511-6-1.04(4)(c)1(iv) - Packaged & Unpackaged Food, food stored covered(C) (iv) Except as specified under paragraph 2. of this subsection and when cooling as specified in DPH Rule 511-6-1-.04(6)(e)2.(ii), storing the food in packages, covered containers, or wrappings, except for loosely covered or uncovered containers in which food is being cooled if protected from overhead contamination;

EHS observed male employee placing food on plates and putting fried rice on the plate without a hair restraint.

CA-PIC needs to inform all employees who are handling food must wear some type of hair restraint to keep from contaminating food.

511-6-1.03(5)(i) - Hair Restraints (C) (i) Hair Restraints.

1. Employees preparing or handling food shall use effective and clean, disposable or easily cleanable nets or other hair restraints approved by the Health Authority, worn properly to restrain loose hair including beards and mustaches longer than one half inch.

2. This does not apply to employees such as counter staff who only serve beverages and wrapped or packaged foods, hostesses, and wait staff if they present a minimal risk of contaminating exposed food, clean utensils and linens and unwrapped single-service and single-use articles.

EHS observed glasses at the bar and near the kitchen still had stains and food debris.

CA-PIC needs to make sure that employees are properly washing all items and they are free from any leftover stains or food debris.

511-6-1.05(7)(a)2,3 - Equipment, Food/Nonfood-Contact Surfaces, and Utensils, food-contact surfaces of cooking equipment & nonfood-contact surfaces free of accumulations (C) 2. The food-contact surfaces of cooking equipment and pans shall be kept free of encrusted grease deposits and other soil accumulations.

3. Nonfood-contact surfaces of equipment shall be kept free of an accumulation of dust, dirt, food residue, and other debris.

EHS observed several food items stored uncovered in WIC, REF under prep top, and REF in dry storage area: Sweet and sour chicken, gravy, shallots, and green onions.

(iv) Except as specified under paragraph 2. of this subsection and when cooling as specified in DPH Rule 511-6-1-.04(6)(e)2.(ii), storing the food in packages, covered containers, or wrappings, except for loosely covered or uncovered containers in which food is being cooled if protected from overhead contamination;

PIC covered all food items. This was COS.

EHS observed several food items in freezer outside of its original container with no labels.

(c) Food Labels.

1. Food packaged in a food service establishment, shall be labeled as specified in law, including 21 CFR 101- Food labeling, and 9 CFR 317 Labeling, marking devices, and containers.

2. Label information shall include:

(i) The common name of the food, or if there is no common name, an adequately descriptive identity statement; PIC is to label all food outside or original packaging. This must be corrected by 11/21/23

EHS observed food debris and spillage in REF in dry storage area.

2. The food-contact surfaces of cooking equipment and pans shall be kept free of encrusted grease deposits and other soil accumulations.

3. Nonfood-contact surfaces of equipment shall be kept free of an accumulation of dust, dirt, food residue, and other debris. PIC is to clean REF and ensure it is cleaned at a frequency avoid buildup. This must be corrected by 11/21/23

EHS observed food in REF under prep/make table above 41 degrees Fahrenheit. Food items(sliced pork, sliced steak, imitation crab(reference temp) temped between 45-46 degrees Fahrenheit. EHS observed water pooling at bottom of REF and ambient temperature of 50 degrees Fahrenheit. PIC temped food and thermometer read the same temps.

(f) Time/Temperature Control for Safety Food, Hot and Cold Holding. Except during preparation, cooking, or cooling, or when time is used as the public health control, time/temperature control for safety food shall be maintained at 41°F (5°C) or below or 135°F (57°C) or above, except that roasts cooked to a temperature and for a time specified in subsection (5)(a)2 of this Rule and reheated using the same temperature and time conditions as cooking may be held at a temperature of 130°F (54°C) or above. P Informed PIC to move all items to WIC. This was COS.

EHS observed employee lacking verifiable means of reporting any illnesses to PIC. PIC could not provide employee health reporting forms.

Food employees and conditional employees are informed in a verifiable manner of their responsibility to report in accordance with the Chapter, to the person in charge, information about their health and activities as they relate to diseases that are transmissible through food; Pf and

PIC is to have employee sign employee health reporting form.This must be corrected by 11/14/23

EHS observed all food items in REF under prep top table near main wok station stored uncovered.

(iv) Except as specified under paragraph 2. of this subsection and when cooling as specified in DPH Rule 511-6-1-.04(6)(e)2.(ii), storing the food in packages, covered containers, or wrappings, except for loosely covered or uncovered containers in which food is being cooled if protected from overhead contamination;

EHS observed all wine glasses and cup stored on cup rack with food debris, water stains, and lipstick stains. PIC removed all glasses and wine cups, however, when EHS began to discuss inspection, all glasses were placed back on cup rack. EHS observed same glasses with lip stick stains placed on cup rack. PIC informed EHS that glasses were cleaned.

(7) Cleaning of Equipment and Utensils.

(a) Equipment, Food-Contact Surfaces, and Utensils.

1. Equipment food-contact surfaces and utensils shall be clean to sight and touch. Pf.

EHS informed PIC to thoroughly clean cups and glasses. EHS also informed cups and glasses to soak in sanitizer as well. This must be corrected by 11/14/23

EHS observed side door in dining with visible light. EHS also observed door not closing all the way.

(m) Outer Openings, Protected.

1. Except as specified in paragraphs 2 through 5 of this subsection, outer openings of a food service establishment shall be protected against the entry of insects and rodents by:

(i) Filling or closing holes and other gaps along floors, walls, and ceilings;

(ii) Closed, tight-fitting windows; and

(iii) Solid, self-closing, tight-fitting doors.

2. The requirements in paragraph 1 of this subsection does not apply if a food service establishment opens into a larger structure, such as a mall, airport, or office building, or into an attached structure, such as a porch, and the outer openings from the larger or attached structure are protected against the entry of insects and rodents.

3. Exterior doors used as exits need not be self-closing if they are:

(i) Solid and tight-fitting;

(ii) Designated for use only when an emergency exists, by the fire protection authority that has jurisdiction over the food establishment; and

(iii) Limited-use so they are not used for entrance or exit from the building for purposes other than the designated emergency exit use.

4. Except as specified in paragraphs 2 and 5 of this subsection, if the windows or doors of a food service establishment, or of a larger structure within which a food service establishment is located, are kept open for ventilation or other purposes or a temporary food service establishment is not provided with windows and doors as specified under paragraph 1 of this subsection, the openings shall be protected against the entry of insects and rodents by:

(i) 16 mesh to 1 inch (16 mesh to 25.4 mm) screens;

(ii) Properly designed and installed air curtains to control flying insects; or

(iii) Other effective means.

5. The requirement in paragraph 4 of this subsection does not apply if flying insects and other pests are absent due to the location of the establishment, the weather, or other limiting condition. Informed PIC to enclose all openings with weather strip. This must be corrected by 11/14/23

EHS observed dead pest in REF that is not being used by facility. EHS received a complaint on 11/14/23 where a pest crawled on customers leg and facility informed them that pest come from outside.

(l) Removing Dead or Trapped Birds, Insects, Rodents, and Other Pests. Dead or trapped birds, insects, rodents, and other pests shall be removed from control devices and the premises at a frequency that prevents their accumulation, decomposition, or the attraction of pests. PIC did not have any pest control records since 2018. PIC informed EHS that they apply pest control themselves. EHS informed PIC unless they are licensed to apply pesticide, they are unable to do so. PIC is not licensed. EHS informed PIC that pest control must come out as soon as possible to treat pest and also to remove any dead pest.

EHS observed several food items in freezer outside of its origanal container with no labels. EHS also observed unrecognizable food stored in REF under prep top with no labels or identification

(f) Time/Temperature Control for Safety Food, Hot and Cold Holding. Except during preparation, cooking, or cooling, or when time is used as the public health control, time/temperature control for safety food shall be maintained at 41°F (5°C) or below or 135°F (57°C) or above, except that roasts cooked to a temperature and for a time specified in subsection (5)(a)2 of this Rule and reheated using the same temperature and time conditions as cooking may be held at a temperature of 130°F (54°C) or above. P PIC is to label all food with common name.

EHS observed food additives (such as msg) stored in Wok station without proper identification.

c) Food Labels.

1. Food packaged in a food service establishment, shall be labeled as specified in law, including 21 CFR 101- Food labeling, and 9 CFR 317 Labeling, marking devices, and containers.

2. Label information shall include:

(i) The common name of the food, or if there is no common name, an adequately descriptive identity statement;

(ii) If made from two or more ingredients, a list of ingredients and sub-ingredients in descending order of predominance by weight, including a declaration of artificial color or flavors and chemical preservatives, if contained in the food;

(iii) An accurate declaration of the net quantity of contents;

(iv) The name and place of business of the manufacturer, packer, or distributor; and

(v) 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. Pf

(vi) 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.

(vii) For any salmonid fish containing canthaxanthin or astaxanthin 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 canthaxanthin or astaxanthin.

3. Bulk food that is available for consumer self-dispensing shall be prominently labeled with the following information in plain view of the consumer:

(i) The manufacturer's or processor's label that was provided with the food; or

(ii) A card, sign, or other method of notification that includes the information specified under paragraphs 2(i), (ii), and (vi) of this subsection.

4. Bulk, unpackaged foods such as bakery products and unpackaged foods that are portioned to consumer specification need not be labeled if:

(i) A health, nutrient content, or other claim is not made;

(ii) There are no state or local laws requiring labeling; and

(iii) The food is manufactured or prepared on the premises of the food service establishment or at another food service establishment or a food processing plant that is owned by the same person and is regulated by the food regulatory agency that has jurisdiction.

Informed PIC to label all food additives. This must be corrected by 11/14/23

EHS observed personal items such as vitamins, purses & bags, headphones, stored with food items throughout entire facility.

(b) Designated Areas for Employee Activity.

1. Areas designated for employees to eat, drink, and use tobacco shall be located so that food, equipment, linens, and single-service and single-use articles are protected from contamination.

2. Lockers or other suitable facilities shall be located in a designated room or area where contamination of food, equipment, utensils, linens and single-service and single-use articles cannot occur.

Informed PIC to create a designated area for all employee items. This must be corrected by 11/14/23

EHS observed REF for employees unlabeled. EHS observed bowls of rice, and containers of lettuce heads in REF. Employee informed EHS that REF was for employee use only.

b) Designated Areas for Employee Activity.

1. Areas designated for employees to eat, drink, and use tobacco shall be located so that food, equipment, linens, and single-service and single-use articles are protected from contamination.

2. Lockers or other suitable facilities shall be located in a designated room or area where contamination of food, equipment, utensils, linens and single-service and single-use articles cannot occur. Informed PIC to label all equipment that is used for employees. This must be corrected by 11/14/23

EHS observed REF under prep top table with not meeting sufficient temperature to store TCS food items. PIC informed EHS that outside thermometer read at 46 degrees. EHS took ambient temperature and it was 50 degrees Fahrenheit. EHS also observed water pooling at bottom of REF

(6) Maintenance and Operation.

(a) Good Repair and Proper Adjustment.

1. Equipment shall be maintained in a state of repair and condition that meets the requirements specified under subsections (1) and (2)of this Rule.

2. Equipment components such as doors, seals, hinges, fasteners, and kick plates shall be kept intact, tight, and adjusted in accordance with manufacturer's specifications.

3. 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.

EHS observed heavy grease buildup at wok station closest to WIC. EHS observed the need to clean and wipe down all equipment throughout entire facility kitchen. EHS observed grease buildup on hood vents in main Wok/cook station.

2. The food-contact surfaces of cooking equipment and pans shall be kept free of encrusted grease deposits and other soil accumulations.

3. Nonfood-contact surfaces of equipment shall be kept free of an accumulation of dust, dirt, food residue, and other debris.

PIC is to clean all non-food contact surfaces. This must be corrected by 11/14/23

EHS observed dumpster not closed and not covered.

(n) Covering Receptacles. Receptacles and waste handling units for refuse, recyclables, and returnables shall be kept covered:

1. Inside the food service establishment if the receptacles and units:

(i) Contain food residue and are not in continuous use; or

(ii) After they are filled; and

2. With tight-fitting lids or doors if kept outside the food service establishment. Informed PIC to always keep dumpster closed and covered. This must be corrected by 11/14/23

EHS observed debris around grease trap. EHS also observed odor in facility. EHS smelled same odor in dumpster area and observed a dead animal near grease trap. (q) Cleaning Receptacles.

1. Receptacles and waste handling units for refuse, recyclables, and returnables shall be thoroughly cleaned in a way that does not contaminate food, equipment, utensils, linens, or single-service and single-use articles, and waste water shall be disposed of as specified under subsection (4)(e) of this Rule.

2. Soiled receptacles and waste handling units for refuse, recyclables, and returnables shall be cleaned at a frequency necessary to prevent them from developing a buildup of soil or becoming attractants for insects and rodents. Informed PIC to clean area. This must be corrected by 11/14/23