Shark's Fish and Chicken

EHS observed boxes of food product stored on the floor of walk-in freezer.

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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.

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C/A: PIC was informed that food needs to be stored at least 6" off of the floor and will need to be moved from current location.

EHS observed several flies in the facility, some in the kitchen.

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511-6-1.07(5)(k) - Controlling Pests (Pf, C) (k) Controlling Pests. 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.

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C/A: PIC was informed that insects will need to be minimized through control methods such as traps.

Observed inspection report laying down behind counter.

511-6-1.02(1)(d) - Displaying of the Inspection Report (C)

1. 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.

C/A: Post inspection in area for public display

EHS observed missing light shields on most fixtures throughout the facility.

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511-6-1.07(2)(i) - Light Bulbs, Protective Shielding (C) (i) Light Bulbs, Protective Shielding.

1. Light bulbs shall be shielded, coated, or otherwise shatter-resistant in areas where there is exposed food; clean equipment, utensils, and linens; or unwrapped single-service and single-use articles.

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C/A: PIC was informed that shields for bulbs will need to be installed as soon as possible.

Observed inspection report laying down behind counter.

511-6-1.02(1)(d) - Displaying of the Inspection Report (C)

1. 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.

C/A: Post inspection in area for public display

Observed hand sink beginning to break away from wall seal.

511-6-1.05(4)(b) - Fixed Equipment, Spacing or Sealing (C) (b) Fixed Equipment, Spacing or Sealing.

1. Equipment that is fixed because it is not easily movable shall be installed so that it is:

(i) Spaced to allow access for cleaning along the sides, behind, and above the equipment;

(ii) Spaced from adjoining equipment, walls, and ceilings a distance of not more than one thirty-second inch or 1 millimeter; or

(iii) Sealed to adjoining equipment or walls, if the equipment is exposed to spillage or seepage.

C/A: Re- seal sink to wall

Observed accumulation of food batter on preptop cooler doors.

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)

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

Observed inconsistent date marking in walk-in cooler.

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 5 and 6 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 5 through 7 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

C/A: Ensure proper and consistent date-marking for all opened food.

Observed front door propped open with no protection from pests.

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.

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.

C/A: Keep front doors closed or install mesh screening to prevent pest infestation.

Observed hot water turned off due to faucet leak at handwash sink

511-6-1.06(2)(r) - System Maintained in Good Repair (P, C) (r) System Maintained in Good Repair. A plumbing system shall be repaired according to law; P and maintained in good repair.

Corrective action: Spoke to PIC about having handsink fixed as soon as possible.

Observed hand sink beginning to break away from wall seal.

511-6-1.05(4)(b) - Fixed Equipment, Spacing or Sealing (C) (b) Fixed Equipment, Spacing or Sealing.

1. Equipment that is fixed because it is not easily movable shall be installed so that it is:

(i) Spaced to allow access for cleaning along the sides, behind, and above the equipment;

(ii) Spaced from adjoining equipment, walls, and ceilings a distance of not more than one thirty-second inch or 1 millimeter; or

(iii) Sealed to adjoining equipment or walls, if the equipment is exposed to spillage or seepage.

C/A: Re- seal sink to wall

Observed missing Coving throughout facility.

511-6-1.07(2)(c) - Floor and Wall Junctures, Coved, & Enclosed or Sealed, water-flushed floors provided with drains & graded to drain (C) (c) Floor and Wall Junctures, Coved, and Enclosed or Sealed.

1. In food service establishments in which cleaning methods other than water flushing are used for cleaning floors, the floor and wall junctures shall be coved and closed to no larger than one thirty-second inch (1 mm).

2. The floors in food service establishments in which water flush cleaning methods are used shall be provided with drains and be graded to drain, and the floor and wall junctures shall be coved and sealed.

C/A: Replace damaged/ missing coving.

Observed damaged floor tiles in women restroom near handicap stall.

511-6-1.07(2)(c) - Floor and Wall Junctures, Coved, & Enclosed or Sealed, water-flushed floors provided with drains & graded to drain (C) (c) Floor and Wall Junctures, Coved, and Enclosed or Sealed.

1. In food service establishments in which cleaning methods other than water flushing are used for cleaning floors, the floor and wall junctures shall be coved and closed to no larger than one thirty-second inch (1 mm).

2. The floors in food service establishments in which water flush cleaning methods are used shall be provided with drains and be graded to drain, and the floor and wall junctures shall be coved and sealed.

Observed employee cleaning hands in the vegetable sink without a cleaning compound (such as soap).

511-6-1.03(5)(b) - Cleaning Procedure (P) (b) Cleaning Procedure.

1. Except as specified in paragraph 4 of this subsection, food employees shall clean their hands and exposed portions of their arms, including surrogate prosthetic devices for hands or arms, for at least 20 seconds, using a cleaning compound in a handwashing sink that is properly equipped. P

2. Food employees shall use the following cleaning procedure in the order stated to clean their hands and exposed portions of their arms, including surrogate prosthetic devices for hands and arms:

(i) Rinse under clean, running warm water; P

(ii) Apply an amount of cleaning compound recommended by the cleaning compound manufacturer; P

(iii) Rub together vigorously for at least 10 to 15 seconds while:

(I) Paying particular attention to removing soil from underneath the fingernails during the cleaning procedure, P and

(II) Creating friction on the surfaces of the hands and arms or surrogate prosthetic devices for hands and arms, finger tips, and areas between the fingers; P

(iv) Thoroughly rinse under clean, running warm water; P and

(v) Immediately follow the cleaning procedure with thorough drying using disposable paper towels, a continuous towel system, or a heated-air hand drying device. P

3. To avoid recontaminating their hands or surrogate prosthetic devices, food employees may use disposable paper towels or similar clean barriers when touching surfaces such as manually operated faucet handles on a handwashing sink or the handle of a restroom door.

4. If approved and capable of removing the types of soils encountered in the food operations involved, an automatic handwashing facility may be used by food employees to clean their hands or surrogate prosthetic devices.

Corrective action: Spoke with PIC and employee that when they clean their hands they must use a cleaning compound (such as soap) as part of the process.

Observed pink mold-like building at the ice machine within kitchen.

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.

Corrective action: SPoke to PIC, to have machine cleaned with increase frequency.

Observed leaking at handwash and vegetable sink in the main kitchen.

511-6-1.06(2)(r) - System Maintained in Good Repair (P, C) (r) System Maintained in Good Repair. A plumbing system shall be repaired according to law; P and maintained in good repair.

Corrective action: Spoke to PIC about having handsink fixed as soon as possible.

Observed leaking at handwash sink in the main kitchen.

511-6-1.06(2)(r) - System Maintained in Good Repair (P, C) (r) System Maintained in Good Repair. A plumbing system shall be repaired according to law; P and maintained in good repair.

Corrective action: Spoke to PIC about having handsink fixed.

Observed displayed inspection report was from June 2023, most recent is from December 2023.

511-6-1.02(1)(d) - Displaying of the Inspection Report (C)

1. 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.

2. Food service establishments with drive-thru windows will post the current inspection report, and also have the inspection report posted so that a minimum of the top one-third of a copy of the current inspection report is visible through each window allowing customers to easily read the score, date of inspection and establishment information.

3. At food service establishments with no primary or public door, the current inspection report shall be prominently displayed at all times where the documents can be read by the public from a distance of one foot away. If requirements of this paragraph are not possible because of physical restrictions, a location will be determined as approved by the Health Authority.

4. The most current inspection report for mobile food service units and extended food service units issued by the local Health Authority having jurisdiction for its inspections shall be prominently displayed in public view during all hours of operation. Such inspection reports shall be prominently displayed at the point of service where the documents can be read by the public from a distance of one foot away.

5. A food service establishment inspection report addendum need not be displayed, but shall be made available by the food service establishment to the public upon request.

Corrective action: SPoke to PIC about having the most recent inspection report posted.

Observed PIC allow non-employee to walk through kitchen and use Employee bathroom.

511-6-1.03(2)(a)-(l)(n)(o) - Responsibility of PIC (Pf) (a) Food service establishment operations are not conducted in a private home or in a room used as living or sleeping quarters; Pf

(b) Authorized Personnel Access. Persons unnecessary to the food service establishment operation are not allowed in the food preparation, food storage, or warewashing areas, except that brief visits and tours may be authorized by the person in charge if steps are taken to ensure that exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles are protected from contamination; Pf

(c) Authorized Persons Compliance. Employees and other persons such as delivery and maintenance persons and pesticide applicators entering the food preparation, food storage, and warewashing areas comply with this Chapter; Pf

(d) Employee Handwashing. Employees are effectively cleaning their hands, by routinely monitoring the employees’ handwashing; Pf

(e) Monitoring of Receiving. Employees are visibly observing and verifying delivered foods as they are received to determine that they are from approved sources and are placed into appropriate storage locations, as required by this Chapter, such that they are received and maintained at the required temperatures, protected from contamination, unadulterated, and accurately presented, by routinely monitoring the employees’ observations, maintaining receiving/corrective action records for deliveries during non-operating hours, and periodically evaluating foods upon their receipt as specified within DPH Rule 511-6-1-.04(3)(m);Pf

(f) Proper Cooking Techniques. Employees are properly cooking cold/hot holding, and reheating for hot holding time/temperature control for safety food, being particularly careful in cooking, reheating, and holding those foods known to cause severe foodborne illness and death, such as eggs and comminuted meats, through daily oversight of the employees’ routine monitoring of the cooking, holding, and reheating for hot holding temperatures using appropriate temperature measuring devices properly scaled and calibrated. Pf

(g) Proper Cooling Methods. Employees are using proper methods to rapidly cool time/temperature control for safety food, that are not held hot or are not for consumption within four hours, through daily oversight of the employees’ routine monitoring of food temperatures during cooling; Pf

(h) Consumer Food Safety. Consumers who order raw or partially cooked ready-to-eat foods of animal origin are informed that the food is not cooked sufficiently to ensure its safety; Pf

(i) Proper Sanitizing. Employees are properly sanitizing cleaned multiuse equipment and utensils before they are reused, through routine monitoring of solution temperature and exposure time for hot water sanitizing, and chemical concentration, pH, temperature, and exposure time for chemical sanitizing; Pf

(j) Clean Tableware. Consumers are notified that clean tableware is to be used when they return to self-service areas such as salad bars and buffets; Pf

(k) Bare Hand Contact. Unless the conditions specified in DPH Rule 511-6-1-.04(4)(a)4 are met, employees are preventing cross-contamination of ready-to-eat food with bare hands by properly using suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment; Pf

(l) Food Safety Training. Employees are properly trained in food safety, including food allergy awareness, as it relates to their assigned duties; Pf

(n) Imminent Health Hazard. If an imminent health hazard exists because of an emergency such as a fire, flood, interruption of electrical or water service for two or more hours, sewage malfunction, misuse of poisonous or toxic materials, onset of an apparent foodborne illness outbreak, gross unsanitary occurrence or condition, or other circumstances that may endanger public health, then operations are immediately discontinued and the Health Authority is notified. P However, establishments may continue to operate under an emergency operation plan that has been approved by the Health Authority prior to the occurrence of such emergency events.Pf

(o) Procedures and Plans. Written procedures and plans, where specified by this Chapter and as developed by the food service establishment, are maintained and implemented as required.Pf

Corrective action: Spoke to PIC that this is not allowed, due to contamination concerns. They must use restrooms for public in the facility.

Observed no access to public restroom (obstructed by furniture.)

511-6-1.07(4)(a) - Toilet Rooms Convenience and Accessibility (C) (4) Location and Placement.

(a) Toilet Rooms Convenience and Accessibility. Toilet rooms shall be conveniently located and accessible to employees during all hours of operation.

Corrective action: Spoke to PIC that restrooms need be available to the public. Currently PIC is walking people from through the kitchen to the employee restroom because people ruin restrooms. Expressed this is not allowed and gave PIC two options: -Remove seating and make the location a grab and go only set up. -Add locks to restroom and allow access only to paying customers.

Observed several tcs food at 44F-52F (chicken and fish) inside walk in cooler.

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

Corrective action: Spoke with PIC, 4 hour cooling has not passed we placed all of the food in the freezer.

Observed no hand soap at handwashing sink at main kitchen.

511-6-1.07(3)(a) - Handwashing Cleanser, Availability (Pf) (3) Numbers and Capacities.

(a) Handwashing Cleanser, Availability. Each handwashing sink or group of two adjacent handwashing sinks shall be provided with a supply of hand cleaning liquid, powder, or bar soap. Pf

PIC: Spoke to PIC to have all handwashing stations stocked at all times. PIC went to the store and bought handsink.

Observed displayed inspection not being the most recent one.

511-6-1.02(1)(d) - Displaying of the Inspection Report (C)

1. 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.

2. Food service establishments with drive-thru windows will post the current inspection report, and also have the inspection report posted so that a minimum of the top one-third of a copy of the current inspection report is visible through each window allowing customers to easily read the score, date of inspection and establishment information.

3. At food service establishments with no primary or public door, the current inspection report shall be prominently displayed at all times where the documents can be read by the public from a distance of one foot away. If requirements of this paragraph are not possible because of physical restrictions, a location will be determined as approved by the Health Authority.

4. The most current inspection report for mobile food service units and extended food service units issued by the local Health Authority having jurisdiction for its inspections shall be prominently displayed in public view during all hours of operation. Such inspection reports shall be prominently displayed at the point of service where the documents can be read by the public from a distance of one foot away.

5. A food service establishment inspection report addendum need not be displayed, but shall be made available by the food service establishment to the public upon request.

Corrective action: Spoke to PIC about having the most recent inspection displayed.