Viva Pancho Cantina & Grill

Observed cooked chili peppers, mashed potatoes, and cooked tamales prepared several days ago without a date label. Must date mark TCS foods if prepped and held for more than 24 hours. Must use within 7 days (day of prep counting as day 1). COS by adding dates.

Observed raw meat being thawed on counter at room temperature. 511-6-1.04(6)(c) - Thawing (C) (c) Thawing. Except as specified in paragraph 4 of this subsection, time/temperature control for safety food shall be thawed:

1. Under refrigeration that maintains the food temperature at 41°F (5°C) or less; PF or

2. Completely submerged under running water:

(i) At a water temperature of 70°F (21°C) or below, PF

(ii) With sufficient water velocity to agitate and float off loose particles in an overflow PF, and

(iii) For a period of time that does not allow thawed portions of ready-to-eat food to rise above 41°F (5°C), or

(iv) For a period of time that does not allow thawed portions of a raw animal food requiring cooking to be above 41°F (5°C), for more than 4 hours including:

(I) The time the food is exposed to the running water and the time needed for preparation for cooking PF, or

(II) The time it takes under refrigeration to lower the food temperature to 41°F (5°C) PF;

3. As part of a cooking process if the food that is frozen is:

(i) Cooked as specified under subsections (5)(a)1 or 2 or (5)(b) or 5(e) of this Rule PF, or

(ii) Thawed in a microwave oven and immediately transferred to conventional cooking equipment, with no interruption in the process PF; or

4. 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.

5. Reduced oxygen packaged fish that bears a label indicating that it is to be kept frozen until time of use shall be removed from the reduced oxygen environment:

(i) Prior to its thawing under refrigeration that maintains the food temperature at 41°F (5°C) or less; or

(ii) Prior to, or immediately upon completion of its thawing, using procedures to completely submerge in running water as specified in paragraph 2 of this subsection.

COS by moving raw meat to walk in cooler.

Observed containers stacked while wet on shelf near back door. As mentioned last inspection, dishes must fully air dry before stacking them. COS by separating dishes.

Observed japalenos wrapped in raw bacon stored above cooked chicken in reach in cooler under prep top unit. Must store raw meats below ready to eat food / cooked meats. COS by moving jalapenos. Highly suggest to post vertical storage diagram in kitchen for employees to review.

Observed employee use spatulas to handle raw beef on the grill then proceed to use same spatulas to scoop fully cooked chorizo off the grill to transfer to a customer's plate. Must use separate equipment for handling raw meats vs handing cooked meats & ready to eat food. Food went out to customer before Health Authority could intervene. PIC obtained tongs to use as the designated ready to eat utensil.

Observed lettuce left uncovered in walk in cooler while not actively being used. Except when cooling or actively using food, must cover food to prevent overhead contamination. Health Authority suggests using saran wrap.

Observed can opener and dicer stored as clean with food debris on the blade. Food contact surfaces stored as clean must be clean to the sight and touch. COS by rewashing.

Observed spray bottle of quat solution in dining area >400 ppm. A proper quat solution must be between 200-400 ppm. COS by making new solution. Highly suggest employees use test strips when initially making sanitizer solutions to ensure they are at the right concentration.

Observed several flies in the main kitchen area. The presence of insects, rodents, and other pests shall be controlled to minimize their presence on the premises by:

1. Routinely inspecting incoming shipments of food and supplies;

2. Routinely inspecting the premises for evidence of pests;

3. Using methods, if pests are found, such as trapping devices or other means of pest control as specified under subsections (6)(e), (6)(m), and (6)(n) of this Rule; Pf and

4. Eliminating harborage conditions.

Must work with pest control to eliminate fly issue.

Observed cups wet stacked on counter next to dish machine, and employee using paper towel to wipe them dry. After cleaning and sanitizing, equipment and utensils:

1. Shall be air-dried or used after adequate draining before contact with food; and

2. May not be cloth dried except that utensils that have been air-dried may be polished with cloths that are maintained clean and dry. COS by separating cups to air dry.

Observed pan of mushrooms stored below raw beef and chorizo in grill reach-in. Ready-to-eat (RTE) foods must be stored above raw meats. COS by moving raw meats below mushrooms.

Observed cut tomato sitting on counter above prep top unit temping 70°F. Also observed bottle of ranch sitting on counter near kitchen entry temping 61°F. Time/ temperature control for safety (TCS) food must be cold held at 41°F or below. Health Authority suggests using Time as a Public Health Control (TPHC). Will email PIC written procedure. COS by discarding.

Observed salsa cold held above 41°F due to improper ice bath. Must cold hold TCS food at 41°F or below. A proper ice bath should be roughly 80% ice, 20% water and come up to the highest level of the food. COS by making proper ice bath.

Observed soup prepared on 5/25 and salsa prepared on 5/26 in walk in cooler not cooled to 41°F. TCS food shall cool from 135°F to 70°F within 2 hours, and from 70°F to 41°F within 4 hours. COS by discarding.

Observed tomatoes, pico, chile dressing prepped around 10 AM temping above 41°F in reach in cooler under prep top unit. Must cool TCS food from 70°F to 41°F within 4 hours. COS by moving items to reach in freezer to cool down.

Observed no Person in Charge (PIC) present. There must be a PIC present knowledgeable in food safety during all hours of operation to employees are following proper food safety procedures. CFSM Eduardo came towards the end of the inspection.

Observed responsibilities of the Certified Food Safety Manager (CFSM) not being followed. Employees are not properly trained on proper food handling. During this inspection, critical violations were observed.

511-6-1-.03(3)(d) - Certified Food Safety Manager Responsibility

1. The responsibility of the CFSM shall include the safety of food preparation and service by ensuring that all employees who handle, or have responsibility for handling, unpackaged foods of any kind, have sufficient knowledge of safe preparation and service of the food. The nature and extent of the knowledge that each employee is required to have may be tailored, as appropriate, to the employee’s duties related to food safety issues.
2. The CFSM shall: (i) Be the person-in-charge while on the premises of the food service establishment and shall designate someone else to be the person in charge when not on the premises; (ii) Supervise and instruct food service employees in the techniques of sanitary food handling and proper maintenance of the facility; (iii) Offer a training program for all food service employees to satisfy employee proficiency in their job responsibilities for food safety; (iv) Communicate with representatives of the Health Authority about the effectiveness of employee training programs; and (v) Assess training needs of the food service employees and request formal training as needed.

Corrective action: staff must be retrained on proper food safety. Permit holders/CFSMs are responsible for ensuring there is active managerial control in kitchen at all times

Observed spray bottle of bleach and spray bottle of quat in dining area too high in concentration. A proper bleach solution should be 50-100 ppm Cl- and a proper quat solution should be 200-400 ppm quat. COS by making new spray bottles.

Observed quat spray bottle unlabeled in dining area. Chemicals outside their original container must be labeled with the common name of the product. COS by adding label.

Observed clean glasses stored face down on mat with debris accumulation at bar. Food contact surfaces must be cleaned at a rate that precludes soil accumulation. Health Authority suggests to obtain smooth plastic mats. COS by rewashing glasses and throwing away mats.

Observed can opener and dicer with debris accumulation stored as clean. Food contact surfaces stored as clean must be clean to the sight and touch. COS by rewashing dicer and can opener blade.

Observed dish machine dispensing <10 ppm Cl-. For proper sanitation, dish machine must dispense 50-100 ppm Cl-. COS by priming, resulting in dish machine dispensing 50 ppm Cl-. Highly suggest priming dish machine in the morning and checking the concentration with test strips.

Observed sanitizer bucket with <200 ppm quat in kitchen. A proper sanitizer solution should be between 200-400 ppm quat. COS by making new solution.

Observed utensils used to grab drink garnishes at bar stored in water. Must store utensils in a clean, dry location and rewash every 4 hours. COS by placing in dish area to be rewashed.

Observed drink cups stacked while wet. Must allow cups to fully air dry before stacking. COS by separating cups.

Observed potentially hazardous foods cold held at temperatures greater than 41 degrees. COS by cooling the foods by placing in an ice bath.

Observed potentially hazardous foods hot held at temperatures less than 135 degrees. COS by discarding the two rice pans from the oven.

Observed back door not completely shut. Observed few flies in the kitchen.

Observed build up on the gaskets of the reach in freezer . Must clean the doors of the freezer and oven as well.

Observed two pans of cheese stored below raw beef and chorizo in grill reach-in. Ready-to-eat (RTE) foods must be stored above raw meats. COS by discarding (grill cooler was not maintaining minimum cold holding temp).

Observed queso and beans not reheated to at least 165°F prior to placement in steam table. Except as specified under paragraphs 2, 3, and 5 of this subsection, time/temperature control for safety food that is cooked, cooled, and reheated for hot holding shall be reheated so that all parts of the food reach a temperature of at least 165°F for 15 seconds. COS by reheating to minimum temperature.

NOTE: Queso may NOT be reheated in steam table. Steam table is for hot holding, not reheating.

Observed time/temperature control for safety (TCS) foods in prep top/reach-in unit and grill cooler being cold held above 41°F. Both units were not working. [SEE TEMPERATURE OBSERVATIONS]. 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 or below. COS by discarding and creating ice baths for new products. Technician was called to service.

Observed salsa on ice being cold held at 55°F due to insufficient amount of ice and water being used. COS by discarding. New salsa was brought out and placed on an sufficient ice bath.

Observed rice being hot held in steam table at 123°F. TCS foods must be hot held at 135°F or above. COS by discarding.

Observed two pans of beef prepared 7/25/24 not cooled to 41°F. Temperature in one pan was 50°F and temperature in other pan was 46°F.

1. Cooked time/temperature control for safety food shall be cooled:

(i) Within 2 hours from 135°F to 70°F; and

(ii) Within a total of 6 hours from 135°F to 41°F or less.

COS by discarding.

Observed responsibilities of the Certified Food Safety Manager (CFSM) not being followed. Employees are not properly trained on proper food handling. During this inspection, 8 critical violations were observed.

511-6-1-.03(3)(d) - Certified Food Safety Manager Responsibility

1. The responsibility of the CFSM shall include the safety of food preparation and service by ensuring that all employees who handle, or have responsibility for handling, unpackaged foods of any kind, have sufficient knowledge of safe preparation and service of the food. The nature and extent of the knowledge that each employee is required to have may be tailored, as appropriate, to the employee’s duties related to food safety issues.
2. The CFSM shall: (i) Be the person-in-charge while on the premises of the food service establishment and shall designate someone else to be the person in charge when not on the premises; (ii) Supervise and instruct food service employees in the techniques of sanitary food handling and proper maintenance of the facility; (iii) Offer a training program for all food service employees to satisfy employee proficiency in their job responsibilities for food safety; (iv) Communicate with representatives of the Health Authority about the effectiveness of employee training programs; and (v) Assess training needs of the food service employees and request formal training as needed.

Corrective action: staff must be retrained on proper food safety. Permit holders/CFSMs are responsible for ensuring there is active managerial control in kitchen at all times

Observed TCS foods prepared on previous days not date marked. TCS food prepared and held in a food establishment for more than 24 hours shall be clearly marked to indicate the date or day by which the food shall be consumed on the premises, sold, or discarded, when held at a temperature of 41°F (5°C) or below for a maximum of 7 days. The day of preparation shall be counted as Day 1. COS by discarding.

Observed food thermometer (not on) being used as an ambient air thermometer in reach-in cooler. In a mechanically refrigerated or hot food storage unit, the sensor of a temperature measuring device shall be located to measure the air temperature in the warmest part of a mechanically refrigerated unit and in the coolest part of a hot food storage unit. Thermometers must be placed in front of all cold/hot holding units.

Observed cooked rice stored directly in a grocery bag in reach-in cooler. Food may only be stored in food-grade bags. COS by discarding.

Observed an abundance of flies in kitchen; back door is being left open. Dirty brooms, mops, and mop buckets are being improperly stored outside of back door and are attracting flies. Must address issue and take appropriate measures to eradicate flies. UV lamps may need to be installed by back door.

Observed milk that expired 7/18/24 stored in cooler at bar. Prepackaged sandwiches, eggs, infant formula, shucked oysters, milk, and time/temperature control safety foods that are labeled as “keep refrigerated” and that are for sale or service to the consumer or used as an ingredient in other foods shall be immediately discarded and shall not be sold, served, or used after the manufacturer’s expiration date or the sell-by date. COS by discarding.

Observed chicken soup/broth cooling on ice in large, deep tubs. Ice bath was not sufficient and was not in good contact with container holding product. Cooling shall be accomplished in accordance with the time and temperature criteria specified under DPH Rule 511-6-1-.04(6)(d) by using one or more of the following methods depending on the type of food being cooled:

(i) Placing the food in shallow pans; Pf

(ii) Separating the food into smaller or thinner portions; Pf

(iii) Using rapid cooling equipment; Pf

(iv) Stirring the food in a container placed in an ice water bath; Pf

(v) Using containers that facilitate heat transfer; Pf

(vi) Adding ice as an ingredient; Pf or

(vii) Other effective methods. Pf

COS by creating smaller portions and placing on ice. Person in charge must ensure that ice/water comes up to highest level of product in container.

Observed inspection report stored face down behind host stand. The most current inspection report shall be prominently displayed in public view at all times, within fifteen feet of the front or primary public door and between five feet and seven feet from the floor and in an area where it can be read at a distance of one foot away. COS by properly displaying score.

Today's score must be properly displayed in accordance to Rule.

Observed substantial debris around dumpster. A storage area and enclosure for refuse, recyclables, or returnables shall be maintained free of unnecessary items and clean. Pavement in dumpster area must be pressure washed to review all debris; debris is contributing to fly issue in kitchen.

Observed dumpster left uncovered. Door must be closed after each use. COS by closing.

Observed improper vertical separation of raw meats in the reach in cooler. Chicken and steak were stored above fish and shrimp. Must arrange based on the final cook temperatures. COS by rearranging.

Observed open water cup. Must always drink from closed cups and make sure to store in designated area away from the food and food contact surfaces. COS by discarding.

Observed lime squeezer in the hand sink in the bar area. Hand sink must be used for hand washing only. COS by moving.

Observed foods prepared on site not date marked. Must date and use with in 7 days of preparation. COS by writing the dates.

Observed few foods stored past disposal date. COS by discarding.

Observed chicken broth being cooled at room temperature. Must cool in the refrigerator or ice bath or use ice wand after dividing into portions. COS by placing the container in an ice bath.

Observed meat being thawed on the food preparation sink at room temperature. Must thaw under running water/in the cooler/in the microwave or as part of the cooking process. Observed fish being thawed in the cooler in reduced oxygen packaging. Must take the fish out from the package before thawing. COS by removing the fish from the package.

Observed thermometer missing in the reach in freezer next to the back door. Observed probe thermometer not working to check the food temperature.