BRUSTERS ICE CREAM

Observed a food service employee wash equipment without washing hands after. CA: 511-6-1.03(5)(c) - When to Wash (P) (c) When to Wash.

1. Food employees shall clean their hands and exposed portions of their arms immediately before engaging in food preparation including working with exposed food, clean equipment and utensils, and unwrapped single-service and single-use articles P and:

(i) After touching bare human body parts other than clean hands and clean, exposed arms; P

(ii) After using the toilet room; P

(iii) After caring for or handling service animals or aquatic animals; P

(iv) After coughing, sneezing, using a handkerchief or disposable tissue, using tobacco products or electronic devices that simulate tobacco smoking, eating or drinking, except for drinking from a closed beverage container and the container is handled to prevent contamination of the hands;P

(v) After handling soiled equipment or utensils; P

(vi) During food preparation, as often as necessary to remove soil and contamination and to prevent cross contamination when changing tasks; P

(vii) When switching between working with raw food and working with ready-to-eat food; P

(viii) Before donning gloves to initiate a task that involves working with food; P and

(ix) After engaging in other activities that contaminate the hands. P

2. All employees shall wash hands before leaving the restroom. All food employees leaving the restroom shall wash their hands again upon re-entering the food preparation area.

Observed no employee health reporting agreement in facility or knowledge. CA: 11-6-1.03(4)(a)(b)(c)(e)(f) - Responsibility of permit holder, PIC, and Conditional employees (P), (Pf) (a) Requirement to Report Symptoms, Diagnosis and History of Exposure. The permit holder shall require food employees and conditional employees to report to the CFSM and person in charge, information about their health and activities as they relate to diseases that are transmissible through food. A food employee or conditional employee shall report the information in a manner that allows the CFSM and person in charge to reduce the risk of foodborne disease transmission, including providing necessary additional information, such as the date of onset of symptoms and an illness, or of a diagnosis without symptoms, if the food employee or conditional employee:

1. Has any of the following symptoms:

(i) Vomiting, P

(ii) Diarrhea, P

(iii) Jaundice, P

(iv) Sore throat with fever, P or

(v) A lesion containing pus such as a boil or infected wound that is open or draining and is:

(I) On the hands or wrists, unless an impermeable cover such as a finger cot or stall protects the lesion and a single-use glove is worn over the impermeable cover as specified under subsection(5)(g) of this Rule, P

(II) On exposed portions of the arms, unless the lesion is protected by an impermeable cover, P or

(III) On other parts of the body, unless the lesion is covered by a dry, durable, tight-fitting bandage; P

2. Has an illness diagnosed by a health practitioner due to:

(i) Norovirus, P

(ii) Hepatitis A virus, P

(iii) Shigella spp., P

(iv) Shiga toxin-producing Escherichia coli, P

(v) Salmonella Typhi; P or

(vi) nontyphoidal Salmonella; P

3. Had a previous illness, diagnosed by a health practitioner, within the past three months due to Salmonella Typhi, without having received antibiotic therapy, as determined by a health practitioner; P

4. Had been exposed to, or is the suspected source of, a confirmed disease outbreak, because the food employee or conditional employee consumed or prepared food implicated in the outbreak, or consumed food at an event prepared by a person who is infected or ill with:

(i) Norovirus within the past 48 hours of the last exposure, P

(ii) Shiga toxin-producing Escherichia coli, or Shigella spp. within the past three days of the last exposure, P

(iii) Salmonella Typhi within the past 14 days of the last exposure, P or

(iv) Hepatitis A virus within the past 30 days of the last exposure; P or

5. Has been exposed by attending or working in a setting where there is a confirmed disease outbreak, or living in the same household as, and has knowledge about, an individual who works or attends a setting where there is a confirmed disease outbreak, or living in the same household as, and has knowledge about, an individual diagnosed with an illness caused by:

(i) Norovirus within the past 48 hours of the last exposure, P

(ii) Shiga toxin–producing Escherichia coli, or Shigella spp. within the past three days of the last exposure, P

(iii) Salmonella Typhi within the past 14 days of the last exposure, P or

(iv) Hepatitis A virus within the past 30 days of the last exposure. P

(b) Responsibility of Person in Charge to Notify the Health Authority. The CFSM or person in charge shall notify the Health Authority when a food employee is:

1. Jaundiced, Pf or

2. Diagnosed with an illness due to Norovirus, Hepatitis A virus, Shigella spp., Shiga toxin-producing Escherichia coli, or Salmonella Typhi. P

(c) Person in Charge’s Responsibility to Prohibit a Symptomatic Conditional Employee. The person in charge shall ensure that a conditional employee:

1. Who exhibits or reports a symptom, or who reports a diagnosed illness as specified under subsection (4)(a)1 - 3 of this Rule, is prohibited from becoming a food employee until the conditional employee meets the criteria for the specific symptoms or diagnosed illness as specified under subsection (4)(h) of this Rule; P and

2. Who will work as a food employee in a food service establishment that serves as a highly susceptible population and reports a history of exposure as specified under subsections (4)(a)4 and 5 of this Rule, is prohibited from becoming a food employee until the conditional employee meets the criteria as specified under subsection (4)(h)10 of this Rule. P (e) Responsibility of Food Employee and Conditional Employee to Report. A food employee or conditional employee shall report to the person in charge the information as specified under subsection (4)(a) of this Rule. Pf

(f) Responsibility of Food Employee to Comply. A food employee shall comply with an exclusion or restriction and with a removal, adjustment or retention of an exclusion or restriction. Provided a Employee health reporting agreement document and why important.

Observed 10 buckets of ice cream stored on the floor in walk in freezer. CA: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. COS: PIC removed the buckets from floor and placed 6 inches above the floor to prevent contamination.

Observed two employees with no hair restraint while actively preparing food. CA:511-6-1.03(5)(j) - 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. COS: Food service employees put on a hair restraint.

Observed no toilet tissue in the employee restroom. CA: 511-6-1.07(3)(e) - Toilet Tissue, Availability (Pf) (e) Toilet Tissue, Availability. A supply of toilet tissue shall be available at each toilet. COS: PIC supplied the restroom with toilet tissue.

Observed the walls in restroom heavily stained with debris. CA: 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).

Employee health policy & written agreement unable to be provided for employees & conditional employees of responsibility to report to CFSM reportable symptoms & diseases.

CA: 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

Provided additional copy that is to be kept at facility. Advised PIC to have all active employees read and sign over it within 10 calander days

Observed 2023 permit posted during time of inspection.

CA:1. Post the permit in a location in the food service establishment that is conspicuous to consumers

Provided PIC with physical copy and advised them to post it for public view