Rita's Restaurant

Observed multiple TCS items being stored in RIC at temperatures above 41 F. Items incluyde pastor(48 F), Barbacoa/ beef (48F), Rice(48 F). I had PIc discard items dated from 12/1-12/9 that were out of temp, and allowed her to cool any items prepped today. PIC stated that she will have maintenance come by to take a look at unit. CA: PIC must make sure items are stored at temperatures of 41 F or below inside unit.

511-6-1.04(6)(f) - Time/Temperature Control for Safety; Cold Holding (P) (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.

PIC has not provided a water sample bacterial report for this quarter. PIC stated that she will have a report done by Monday. CA: PIC must send a bacterial water sample report quarterly and have a W33 chemical test done yearly.

511-6-1.06(1)(f)2 - Sampling Report (C) 2. Sampling Report. The most recent sample report for the non-public water system shall be retained on file in the food service establishment or the report shall be maintained as specified by the Department.

Observed several RICs in establishment that did not have a thermometer placed inside. COS: PIC placed new thermometers in units. CA: A TMD must be placed in all cold holding units.

511-6-1.05(3)(g) - Food TMD, Provided and Accessible; Appropriate TMD for Measuring Thin Foods (Pf) (g) Food Temperature Measuring Devices.

1. Food temperature measuring devices shall be provided and readily accessible for use in ensuring attainment and maintenance of food temperatures as specified under DPH Rule 511-6-1-.04. Pf

2. A temperature measuring device with a suitable small-diameter probe that is designed to measure the temperature of thin masses shall be provided and readily accessible to accurately measure the temperature in thin foods such as meat patties and fish filets.

Observed test strips that were expired in main kitchen. Test strip exp date was 07/2025 and today is 12/10/25. CA:PIC must buy replacement test strips as soon as possible.

511-6-1.05(3)(h),(i),(j) - Temperature Measuring Device, Manual Warewashing; Sanitizing Solutions, Testing Device (Pf) (h) Temperature Measuring Devices, Manual and Mechanical Warewashing.

1. In manual warewashing operations, a temperature measuring device shall be provided and readily accessible for frequently measuring the washing and sanitizing temperatures. Pf

2. In hot water mechanical warewashing operations, an irreversible registering temperature indicator shall be provided and readily accessible for measuring the utensil surface temperature. Pf

(i) Sanitizing Solutions, Testing Devices. A test kit or other device that accurately measures the concentration in mg/L of sanitizing solutions shall be provided. Pf

j) Cleaning Agents and Sanitizers.

1. Cleaning agents that are used to clean equipment and utensils as specified under section (7) of this Rule, shall be provided and available for use during all hours of operation. Pf

2. Except for those that are generated on-site at the time of use, chemical sanitizers that are used to sanitize equipment and utensils, as specified under Section (8) of this Rule, shall be provided and available for use during all hours of operation.

Observed TCS foods being stored in RIC without lids. This is a repeat from last inspection. CA: PIC must have lids on all TCS items being stored in RIC in order to prevent cross 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;

Observed working container containing bleach being stored in main kitchen area without a label. COS: PIC labelled working container. CA: PIC must ensure that all working containers are properly labelled.

511-6-1.07(6)(b) - Working Containers, Common Name (Pf) (b) Working Containers, Common Name. Working containers used for storing poisonous or toxic materials such as cleaners and sanitizers taken from bulk supplies shall be clearly and individually identified with the common name of the material.

Observed TCS items being stored in RIC/ refrigerator at temps exceeding 41 F. COS: PIC discarded all TCS items that were out of temp. CA: PIC must properly monitor all temps of TCS food items being stored in RIC.

511-6-1.04(6)(f) - Time/Temperature Control for Safety; Cold Holding (P) (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.

Observed food being stored uncovered in kitchen area. Diced Onions, & raw meat uncovered. COS: PIC covered all food items. CA: PIC must cover all food items.

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;

Observed TCS food being cold held in refrigerator without being date marked. Spoke with PIC and explained that all items in refrigerator that are TCS must be date marked. CA: PIC will date mark all food items.

511-6-1.04(6)(g) - Ready-To-Eat Time/Temperature Control for Safety Food, Date Marking (Pf) (g) Ready-to-Eat Time/Temperature Control for Safety Food, Date Marking

1. Except when packaging food using a reduced oxygen packaging method, and except as specified in paragraphs 4 and 5 of this subsection, refrigerated, ready-to-eat, time/temperature control for safety 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. Pf

2. Except as specified in paragraphs 4 through 6 of this subsection, refrigerated, ready-to-eat, time/temperature control for safety food prepared and packaged by a food processing plant shall be clearly marked, at the time the original container is opened in a food service establishment and if the food is held for more than 24 hours, 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 after the original container is opened. The day the original container is opened in the food service establishment shall be counted as Day 1, except, the day or date marked by the food service establishment may not exceed a manufacturer’s use by date if the manufacturer determined the use-by date based on food safety; Pf

3. A refrigerated, ready-to-eat, time/temperature control for safety food ingredient or a portion of a refrigerated, ready-to-eat, time/temperature control for safety food that is subsequently combined with additional ingredients or portions of food shall retain the date marking of the earliest-prepared or first-prepared ingredient. Pf

4. A date marking system that meets the criteria stated in paragraphs 1 and 2 of this subsection may include:

(i) Using a method approved by the Health Authority for refrigerated, ready-to-eat time / temperature control for safety food that is frequently rewrapped, such as lunchmeat or a roast, or for which date marking is impractical, such as soft serve mix or milk in a dispensing machine;

(ii) Marking the date or day of preparation, with a procedure to discard the food on or before the last date or day by which the food must be consumed on the premises, sold, or discarded;

(iii) Marking the date or day the original container is opened in a food service establishment, with a procedure to discard the food on or before the last date or day by which the food must be consumed on the premises, sold, or discarded; or

(iv) Using calendar dates, days of the week, color-coded marks, or other effective marking methods, provided that the marking system is disclosed to the Health Authority upon request.

5. The requirements in paragraphs 1 and 2 of this subsection do not apply to individual meal portions served or repackaged for sale from a bulk container upon a consumer’s request.

6. The requirements in paragraphs 1 and 2 of this subsection do not apply to shellstock.

7. The requirement in paragraph 2 of this subsection does not apply to the following foods prepared and packaged by a food processing plant inspected by a Health Authority:

(i) Deli salads, such as ham salad, seafood salad, chicken salad, egg salad, pasta salad, potato salad, and macaroni salad, manufactured in accordance with 21 CFR 110 Current good manufacturing practice in manufacturing, packing, or holding human food;

(ii) Hard cheeses containing not more than 39% moisture as defined in 21 CFR 133 Cheeses and related cheese products, such as cheddar, gruyere, parmesan and reggiano, and romano;

(iii) Semi-soft cheeses containing more than 39% moisture, but not more than 50% moisture, as defined in 21 CFR 133 Cheeses and related cheese products, such as blue, edam, gorgonzola, gouda, and monterey jack;

(iv) Cultured dairy products as defined in 21 CFR 131 Milk and cream, such as yogurt, sour cream, and buttermilk;

(v) Preserved fish products, such as pickled herring and dried or salted cod, and other acidified fish products defined in 21 CFR 114 Acidified foods;

(vi) Shelf stable, dry fermented sausages, such as pepperoni and Genoa salami; and

(vii) Shelf stable salt-cured products, such as prosciutto and Parma ham.

Observed soiled linens being stored in the 3-compartment sink. Spoke with PIC & explained that used linens must be stored in a discard bucket or in a sanitizer bucket if she intends to use them. COS: PIC put all linens in a discarding bucket. CA: All linens will need to be stored in a discard bucket.

511-6-1.05(9)(c) - Storage of Soiled Linens (C) (c) Storage of Soiled Linens. Soiled linens shall be kept in clean, nonabsorbent receptacles or clean, washable laundry bags and stored and transported to prevent contamination of food, clean equipment, clean utensils, and single-service and single-use articles.

Observed TCS foods being stored inside refrigerator at temps below 41 degrees Fahrenheit. CA: Spoke with PIC about proper cold holding, TCS foods, cheeses, cut vegetables, etc., must be cold held at 41 degrees Fahrenheit or below. PIC discarded items.

511-6-1.04(6)(f) - Time/Temperature Control for Safety; Cold Holding (P) (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 could not prove in a verifiable manner, of their employee’s responsibility to report health to her as it relates to diseases transmissible through food. CA: I provided PIC with a copy of DPH employee health agreement form.

511-6-1.03(2)(m) - Person-in-Charge Duties (Pf) 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;

PIC did not have a procedure in place for responding to vomiting and diarrheal events. CA: I provided PIC with a copy of the DPH vomit clean up procedure.

511-6-1.03(6) - Clean-up of Vomiting and Diarrheal Events(Pf) (6) Responding To Contamination Events. A food establishment shall have procedures for employees to follow when responding to vomiting or diarrheal events that involve the discharge of vomitus or fecal matter onto surfaces in the food service establishment. The procedures shall address the specific actions employees must take to minimize the spread of contamination and the exposure of employees, consumers, food, and surfaces to vomitus or fecal matter. Pf

Observed TCS foods being stored in refrigerator without being date marked. CA: Spoke with PIC, foods must be date marked upon becoming a TCS food. Foods must be marked with preparation date and discard date.

511-6-1.04(6)(g) - Ready-To-Eat Time/Temperature Control for Safety Food, Date Marking (Pf) (g) Ready-to-Eat Time/Temperature Control for Safety Food, Date Marking

1. Except when packaging food using a reduced oxygen packaging method, and except as specified in paragraphs 4 and 5 of this subsection, refrigerated, ready-to-eat, time/temperature control for safety 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. Pf

2. Except as specified in paragraphs 4 through 6 of this subsection, refrigerated, ready-to-eat, time/temperature control for safety food prepared and packaged by a food processing plant shall be clearly marked, at the time the original container is opened in a food service establishment and if the food is held for more than 24 hours, 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 after the original container is opened. The day the original container is opened in the food service establishment shall be counted as Day 1, except, the day or date marked by the food service establishment may not exceed a manufacturer’s use by date if the manufacturer determined the use-by date based on food safety; Pf

3. A refrigerated, ready-to-eat, time/temperature control for safety food ingredient or a portion of a refrigerated, ready-to-eat, time/temperature control for safety food that is subsequently combined with additional ingredients or portions of food shall retain the date marking of the earliest-prepared or first-prepared ingredient. Pf

4. A date marking system that meets the criteria stated in paragraphs 1 and 2 of this subsection may include:

(i) Using a method approved by the Health Authority for refrigerated, ready-to-eat time / temperature control for safety food that is frequently rewrapped, such as lunchmeat or a roast, or for which date marking is impractical, such as soft serve mix or milk in a dispensing machine;

(ii) Marking the date or day of preparation, with a procedure to discard the food on or before the last date or day by which the food must be consumed on the premises, sold, or discarded;

(iii) Marking the date or day the original container is opened in a food service establishment, with a procedure to discard the food on or before the last date or day by which the food must be consumed on the premises, sold, or discarded; or

(iv) Using calendar dates, days of the week, color-coded marks, or other effective marking methods, provided that the marking system is disclosed to the Health Authority upon request.

5. The requirements in paragraphs 1 and 2 of this subsection do not apply to individual meal portions served or repackaged for sale from a bulk container upon a consumer’s request.

6. The requirements in paragraphs 1 and 2 of this subsection do not apply to shellstock.

7. The requirement in paragraph 2 of this subsection does not apply to the following foods prepared and packaged by a food processing plant inspected by a Health Authority:

(i) Deli salads, such as ham salad, seafood salad, chicken salad, egg salad, pasta salad, potato salad, and macaroni salad, manufactured in accordance with 21 CFR 110 Current good manufacturing practice in manufacturing, packing, or holding human food;

(ii) Hard cheeses containing not more than 39% moisture as defined in 21 CFR 133 Cheeses and related cheese products, such as cheddar, gruyere, parmesan and reggiano, and romano;

(iii) Semi-soft cheeses containing more than 39% moisture, but not more than 50% moisture, as defined in 21 CFR 133 Cheeses and related cheese products, such as blue, edam, gorgonzola, gouda, and monterey jack;

(iv) Cultured dairy products as defined in 21 CFR 131 Milk and cream, such as yogurt, sour cream, and buttermilk;

(v) Preserved fish products, such as pickled herring and dried or salted cod, and other acidified fish products defined in 21 CFR 114 Acidified foods;

(vi) Shelf stable, dry fermented sausages, such as pepperoni and Genoa salami; and

(vii) Shelf stable salt-cured products, such as prosciutto and Parma ham.