Star Fish

Observed black mold like substance inside ice machine. CA: Advised PIC to routinely clean inside ice machine.

511-6-1.05(7)(b) - Food Contact Surfaces and Utensils - Cleaning Frequency (P, C) (b) Equipment Food-Contact Surfaces and Utensils.

1. Equipment food-contact surfaces and utensils shall be cleaned:

(i) Before each use with a different type of raw animal food such as beef, fish, lamb, pork, or poultry. It does not apply if the food-contact surface or utensil is in contact with a succession of different types of raw meat and raw poultry each requiring a higher cooking temperature as specified under DPH Rule 511-6-1.04(5)(a) than the previous type such as preparing raw pork followed by cutting raw poultry on the same cutting board; P

(ii) Each time there is a change from working with raw foods to working with ready-to-eat foods; P

(iii) Between uses with raw fruits and vegetables and with Time/Temperature Control for safety food; P

(iv) Before using or storing a food temperature measuring device; P and

(v) At any time during the operation when contamination may have occurred. P

2. Except as specified in paragraph 3 of this subsection, if used with time/temperature control for safety food, equipment food-contact surfaces and utensils shall be cleaned at least every 4 hours throughout the day. P

3. Surfaces of utensils and equipment contacting time/temperature control for safety food may be cleaned less frequently than every 4 hours if:

(i) In storage, containers of time/temperature control for safety food and their contents are maintained at temperatures specified under DPH Rule 511-6-1-.04 and the containers are cleaned when they are empty;

(ii) Utensils and equipment are used to prepare food in a refrigerated room or area that is maintained at one of the temperatures in the following chart and:

(I) The utensils and equipment are cleaned at the frequency in the following chart that corresponds to the temperature:

Temperature Cleaning Frequency

41ºF (5.0ºC) or less 24 hours

41ºF - 45ºF (>5.0ºC - 7.2ºC) 20 hours

45ºF - 50ºF (>7.2ºC - 10.0ºC) 16 hours

50ºF - 55ºF (>10.0ºC - 12.8ºC) 10 hours

and

(II) The cleaning frequency based on the ambient temperature of the refrigerated room or area is documented in the food service establishment.

(iii) Temperature measuring devices are maintained in contact with food, such as when left in a container of deli food or in a roast, held at temperatures specified under DPH Rule 511-6-1- .04;

(iv) Equipment is used for storage of packaged or unpackaged food, such as a reach-in refrigerator, and the equipment is cleaned at a frequency necessary to preclude accumulation of soil residues;

(v) The cleaning schedule is approved based on consideration of:

(I) Characteristics of the equipment and its use,

(II) The type of food involved,

(III) The amount of food residue accumulation, and

(IV) The temperature at which the food is maintained during the operation and the potential for the rapid and progressive multiplication of pathogenic or toxigenic microorganisms that are capable of causing foodborne disease; or

(vi) In-use utensils are intermittently stored in a container of water in which the water is maintained at 135ºF (57ºC) or more and the utensils and container are cleaned at least every 24 hours or at a frequency necessary to preclude accumulation of soil residues.

4. Dining counters and table-tops shall be cleaned and sanitized routinely after removing all soiled tableware and food trays shall be cleaned and sanitized after each use by one of the following methods:

(i) A two step method in which one cloth, rinsed in sanitizing solution is used to clean food debris from the surface and a second cloth in separate sanitizing solution is used to rinse;

(ii) Sanitizing solution is sprayed onto the surface and the surface is then wiped clean with a disposable towel;

(iii) If used for cleaning and sanitizing, single-use disposable sanitizer wipes shall be used in accordance with EPA-registered label use instructions; or

(iv) Other methods approved by the Health Authority.

(v) Food trays may be cleaned and sanitized the same as table ware.

5. Except when dry cleaning methods are used as specified under subsection (7)(e) of this Rule, surfaces of utensils and equipment contacting food that is not time/temperature control for safety food shall be cleaned:

(i) At any time when contamination may have occurred;

(ii) At least every 24 hours for iced tea dispensers including nozzles and consumer self-service utensils such as tongs, scoops, or ladles;

(iii) Before restocking consumer self-service equipment and utensils such as condiment dispensers and display containers; and

(iv) In equipment such as ice bins and beverage dispensing nozzles and enclosed components of equipment such as ice makers, cooking oil storage tanks and distribution lines, beverage and syrup dispensing lines or tubes, coffee bean grinders, and water vending equipment:

(I) At a frequency specified by the manufacturer; or

(II) Absent manufacturer specifications, at a frequency necessary to preclude accumulation of soil or mold.

Observed box of tempura batter mix stored on the ground in pantry. CA: Advised PIC to store all food items at least 6 inches off floor.

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.

Observed no employee health agreement forms upon request. CA: Advised PIC to print out and have all employees sign forms.

511-6-1.03(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. P

Observed 0ppm sanitizer for ware washing machine in main kitchen. CA: Advised PIC to call to get WW machine serviced.

511-6-1.05(6)(n) - Manual and Mechanical Warewashing Equipment, Chemical Sanitization-Temperature, pH, Concentration, Hardness (P,Pf) (n) Manual and Mechanical Warewashing Equipment, Chemical Sanitization - Temperature, pH, Concentration, and Hardness. A chemical sanitizer used in a sanitizing solution for a manual or mechanical operation at contact times specified under subsection (8)(b)3 of this Rule shall meet the requirements specified in DPH Rule 511-6-1-.07(6)(g), shall be used in accordance with the Environmental Protection Agency (EPA)-registered label use instructions P, and shall be used as follows:

1. A chlorine solution shall have a minimum temperature based on the concentration and pH of the solution as listed in the following chart; P

Concentration Range Minimum Temperature

MG/L PH 10 or less oF (oC) PH 8 or less oF (oC)

25-49 120 (49) 120 (49)

50-99 100 (38) 75 (24)

100 55 (13) 55 (13)

2. An iodine solution shall have a minimum temperature of 68°F (20°C)P minimum concentration between 12.5 ppm and 25 ppm, P and pH of 5.0 or less or a pH no higher than the level for which the manufacturer specifies for the solution to be effective; P

3. A quaternary ammonium compound solution shall have a minimum temperature of 75ºF (24ºC), P have a concentration as specified in DPH Rule 511-6-1-.07(6)(g) and as indicated by the manufacturer’s use directions included in the labeling, P and be used only in water with 500 ppm hardness or less or in water having a hardness no greater than specified by the EPA-registered label use instructions; P

4. If another solution of a chemical specified under paragraphs 1 through 3 of this subsection is used, the permit holder shall demonstrate to the Health Authority that the solution achieves sanitization and the use of the solution shall be approved; P

5. If a chemical sanitizer other than chlorine, iodine, or a quaternary ammonium compound is used, it shall be applied in accordance with the EPA-registered label use instructions ;P and

6. If a chemical sanitizer is generated by a device located on-site at the food service establishment, it shall be used as specified in 1-5 of this subsection and shall be produced by a device that:

(i) complies with law as specified in sections 2(q)(1) and 12 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), P

(ii) complies with 40 CFR 152.500 Requirement for Devices and 40 CFR 156.10 Labeling Requirements, P

(iii) displays the EPA device manufacturing facility registration number on the device, Pf and

(iv) is operated and maintained in accordance with manufacturer’s instructions. Pf.

7. On-site chemical sanitizer generating equipment with active ingredients, such as copper, must be registered as pesticides. The active ingredient may be part of the equipment or separately added.

Observed fish being stored in trash bags throughout facility. CA: Advised PIC to store food only in food grade containers. 511-6-1.04(4)(z) - Miscellaneous Sources of Contamination (C) (z) Miscellaneous Sources of Contamination. Food shall be protected from contamination that may result from a factor or source not specified under paragraphs (a) through (y) of this subsection.

Observed boxes of chop sticks and napkins stored on floor in facility. CA: Advised PIC to not store any food items on floor.

511-6-1.05(10)(e)1,2,4 - Equipment, Utensil, Linens, stored 6" off floor in clean, dry location (C) (e) Equipment, Utensils, Linens, and Single-Service and Single-Use Articles.

1. Except as specified in paragraph 4 of this subsection, cleaned equipment and utensils, laundered linens, and single-service and single-use articles shall be stored:

(i) In a clean, dry location;

(ii) Where they are not exposed to splash, dust, or other contamination; and

(iii) At least 6 inches (15 centimeters) above the floor. 2. Clean equipment and utensils shall be stored as specified under paragraph 1 of this subsection and shall be stored:

(i) In a self-draining position that allows air drying; and

(ii) Covered or inverted. 4. Items that are kept in closed packages may be stored less than 6 inches (15 centimeters) above the floor on dollies, pallets, racks, and skids that are designed as specified under subsection (2)(hh) of this Rule.

Observed 0ppm sanitizer for ware washing machine in main kitchen. CA: Advised PIC to call to get WW machine serviced.

511-6-1.05(6)(n) - Manual and Mechanical Warewashing Equipment, Chemical Sanitization-Temperature, pH, Concentration, Hardness (P,Pf) (n) Manual and Mechanical Warewashing Equipment, Chemical Sanitization - Temperature, pH, Concentration, and Hardness. A chemical sanitizer used in a sanitizing solution for a manual or mechanical operation at contact times specified under subsection (8)(b)3 of this Rule shall meet the requirements specified in DPH Rule 511-6-1-.07(6)(g), shall be used in accordance with the Environmental Protection Agency (EPA)-registered label use instructions P, and shall be used as follows:

1. A chlorine solution shall have a minimum temperature based on the concentration and pH of the solution as listed in the following chart; P

Concentration Range Minimum Temperature

MG/L PH 10 or less oF (oC) PH 8 or less oF (oC)

25-49 120 (49) 120 (49)

50-99 100 (38) 75 (24)

100 55 (13) 55 (13)

2. An iodine solution shall have a minimum temperature of 68°F (20°C)P minimum concentration between 12.5 ppm and 25 ppm, P and pH of 5.0 or less or a pH no higher than the level for which the manufacturer specifies for the solution to be effective; P

3. A quaternary ammonium compound solution shall have a minimum temperature of 75ºF (24ºC), P have a concentration as specified in DPH Rule 511-6-1-.07(6)(g) and as indicated by the manufacturer’s use directions included in the labeling, P and be used only in water with 500 ppm hardness or less or in water having a hardness no greater than specified by the EPA-registered label use instructions; P

4. If another solution of a chemical specified under paragraphs 1 through 3 of this subsection is used, the permit holder shall demonstrate to the Health Authority that the solution achieves sanitization and the use of the solution shall be approved; P

5. If a chemical sanitizer other than chlorine, iodine, or a quaternary ammonium compound is used, it shall be applied in accordance with the EPA-registered label use instructions ;P and

6. If a chemical sanitizer is generated by a device located on-site at the food service establishment, it shall be used as specified in 1-5 of this subsection and shall be produced by a device that:

(i) complies with law as specified in sections 2(q)(1) and 12 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), P

(ii) complies with 40 CFR 152.500 Requirement for Devices and 40 CFR 156.10 Labeling Requirements, P

(iii) displays the EPA device manufacturing facility registration number on the device, Pf and

(iv) is operated and maintained in accordance with manufacturer’s instructions. Pf.

7. On-site chemical sanitizer generating equipment with active ingredients, such as copper, must be registered as pesticides. The active ingredient may be part of the equipment or separately added.

Observed reduced oxygen packaging machine inside facility. PIC stated they use for steaks and hold steaks for multiple days. CA: Advised PIC to get HACCP plan approved by the health department before engaging in ROP.

511-6-1.02(5)(a)(b) - When a HACCP plan is Required (C) (a) Before engaging in an activity that requires a HACCP plan, a permit applicant or permit holder shall submit to the local Health Authority for joint review by the State Office of Environmental Health and the local Health Authority, a properly prepared HACCP plan as specified under DPH Rule 511-6-1-.02(6) and the relevant provisions of this Code if:

1. Submission of a HACCP plan is required according to the Chapter;

2. A variance is required as specified DPH Rule 511-6-1-.04(5)(a)4(iv), 511-6-1-.04(6)(j), or 511-6-1-.05(2)(v)2;

3. The local Health Authority determines that a food preparation or processing method requires a variance based on a plan submittal specified under DPH Rule 511-6-1-.02(4)(b), or an inspectional finding, or a variance request.

(b) Before engaging in Reduced Oxygen Packaging without a variance as specified in DPH Rule 511-6-1-.04(6)(k), a permit applicant or permit holder shall submit a properly prepared HACCP plan to the Health Authority.

Observed tuna thawing while still in ROP packaging. CA: Advised PIC to remove fish from packaging before thawing.

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; or

2. Completely submerged under running water:

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

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

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

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) of this Rule, or

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

Observed corn starch, sugar, and soy sauce stored on floor in dry storage and main kitchen. CA: Advised PIC to place all food items at least 6 inches off ground.

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.

Observed multiple boxes to go containers and utensils stored on the floor in front lobby area. CA: Advised PIC to place all food contact items at least 6 inches off floor.

511-6-1.05(10)(e)1,2,4 - Equipment, Utensil, Linens, stored 6" off floor in clean, dry location (C) (e) Equipment, Utensils, Linens, and Single-Service and Single-Use Articles.

1. Except as specified in paragraph 4 of this subsection, cleaned equipment and utensils, laundered linens, and single-service and single-use articles shall be stored:

(i) In a clean, dry location;

(ii) Where they are not exposed to splash, dust, or other contamination; and

(iii) At least 6 inches (15 centimeters) above the floor. 2. Clean equipment and utensils shall be stored as specified under paragraph 1 of this subsection and shall be stored:

(i) In a self-draining position that allows air drying; and

(ii) Covered or inverted. 4. Items that are kept in closed packages may be stored less than 6 inches (15 centimeters) above the floor on dollies, pallets, racks, and skids that are designed as specified under subsection (2)(hh) of this Rule.

Observed ambient and a TCS food temp above 41 F in the PTC near the grill prep line. See temp log for reading. 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 will have the PTC serviced.

Dishmachine chlorine sanitizer not at proper minimum strength.

1. A chlorine solution shall have a minimum temperature based on the concentration and pH of the solution as listed in the following chart; P

Concentration Range Minimum Temperature

MG/L PH 10 or less oF (oC) PH 8 or less oF (oC)

25-49 120 (49) 120 (49)

50-99 100 (38) 75 (24)

100 55 (13) 55 (13)

PIC contacted the vendor to service the dishwasher.

Observed food residue on the scored cutting board that was washed and stored.

1. Equipment food-contact surfaces and utensils shall be clean to sight and touch. Pf. PIC had board disposed of.

Observed a black mold like substance on the inside of the bin of the ice machine.

5. Except when dry cleaning methods are used as specified under subsection (7)(e) of this Rule, surfaces of utensils and equipment contacting food that is not time/temperature control for safety food shall be cleaned:

(i) At any time when contamination may have occurred;

(ii) At least every 24 hours for iced tea dispensers including nozzles and consumer self-service utensils such as tongs, scoops, or ladles;

(iii) Before restocking consumer self-service equipment and utensils such as condiment dispensers and display containers; and

(iv) In equipment such as ice bins and beverage dispensing nozzles and enclosed components of equipment such as ice makers, cooking oil storage tanks and distribution lines, beverage and syrup dispensing lines or tubes, coffee bean grinders, and water vending equipment:

(I) At a frequency specified by the manufacturer; or

(II) Absent manufacturer specifications, at a frequency necessary to preclude accumulation of soil or mold.

PIC had the ice discarded and the machine cleaned and sanitized.

Observed an expired CFSM certificate in the facility that is past the 90 day time frame for renewal. 3. All licenses, certificates, diplomas, or other similar credentials issued or granted to an owner or operator who has successfully completed an approved or accredited food safety certification course and exam shall expire on the expiration date determined by the credentialing organization. Within ninety days of the expiration of the CFSM certificate, the CFSM shall enroll in an approved food safety training course, pass an approved exam and obtain a new certificate. PIC will have the CFSM renew their certification and posted in the facility.

Observed 0 ppm for the dishwasher's chlorine sanitizer. The recommended range 50 ppm - 100 ppm. EHS had the staff change out the sanitizer container. A chemical sanitizer used in a sanitizing solution for a manual or mechanical operation at contact times specified under subsection (8)(b)3 of this Rule shall meet the requirements specified in DPH Rule 511-6-1-.07(6)(g), shall be used in accordance with the Environmental Protection Agency (EPA)-registered label use instructions P, and shall be used as follows:

1. A chlorine solution shall have a minimum temperature based on the concentration and pH of the solution as listed in the following chart; P

Concentration Range Minimum Temperature

MG/L PH 10 or less oF (oC) PH 8 or less oF (oC)

25-49 120 (49) 120 (49)

50-99 100 (38) 75 (24)

100 55 (13) 55 (13)

PIc will contact his vendor to service/repair the dishwasher.

Observed new paper being used to separate mushrooms in a food container.

1. Single-service and single-use articles may not be reused. PIC will ensure that new paper is not used for commercial food usage.