NU-WAY WEINERS, INC.

Observed grits stored on bottom shelf of reach-in cooler below shelves containing meats such as bacon.

Food shall be protected from cross contamination by: Arranging each type of food in equipment so that cross contamination of one type with another is prevented, P and (III) Preparing each type of food at different times or in separate areas.

C/A: PIC moved grits to a higher shelf, above foods that could cause cross contamination.

EHS observed container of sliced tomatoes in middle reach-in cooler on left wall without date marking or label indicating when they were prepared.

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

C/A: PIC was informed that proper date marking for ready-to-eat and TCS foods shall be implemented to reduce the likelihood of foodborne illnesses.

EHS observed previous inspection report was not posted in the lobby of the restaurant, another past inspection was posted instead.

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.

C/A: PIC was informed that the DPH inspection form must be posted and present at time of next inspection for public viewing.

Observed raw country ham stored over sliced tomatoes. 1. Food shall be protected from cross contamination by: Arranging each type of food in equipment so that cross contamination of one type with another is prevented, P and (III) Preparing each type of food at different times or in separate areas. Advised PIC of proper storage arrangement and product was stored properly.

Observed cooked eggs hot holding at 106 degf under heat lamp on prep top counter. 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. Eggs were discarded.

Observed several product hot hold below 135 degf located in steam well: hot dogs at 102 degf and beef patties at 112 degf.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. Advised PIC to reheat product to 165 degf for hot holding.

Observed mold like substance on on the interior wall of ice machine. Equipment food-contact surfaces and utensils shall be cleaned: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. Advised PIC to clean ice machine.

Observed chili thawing on the 3-compartment sink drain board. 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). Use approved thawing methods. Country ham placed under running water to thaw. Do not thaw food in standing water or at room temperature. Advised PIC to continue thawing under refrigeration.

Observed no chemical test kit provided when using chemical sanitizer at 3-compartment sink warewashing. A test kit or other device that accurately measures the concentration in mg/L of sanitizing solutions shall be provided. Advised PIC to supply facility with chemical test kit.

Observed several TCS foods cold holding above 41 degf in a prep top cooler of the main kitchen. Sliced tomatoes at 57 degf, sliced ham at 55 degf, coleslaw at 58 degF.

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

C/A: PIC was instructed to discard all TCS foods and discontinue use of the PTC until repaired. Item stocked recently stocked in cooler were moved to Reach in cooler.

Observed sausage on counter top holding at 99.7 F- 115 F. PIC stated that this is how they keep the food product hot until it is placed in the fryer to be cooked all the way. Also observed hot dogs holding at 112-120F in steam well. It was explained to PIC that all time/temperature control for safety food items intended to be hot held must be kept at 135F or higher.

511-6-1.04(6)(f) - Time/Temperature Control for Safety; Hot 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

C/A: Explained to PIC that they must reheat the food product up to 165 F and then hot hold it. PIC removed product, heated to 165F, and placed it back on the grill where it was able to maintain a temperature of 135 F or more. PIC to explain proper reheating and hot holding procedures per our food code to all employees.

Observed single use bowl being used a scoop for working container of grits.

511-6-1.05(6)(r) - Single-Service/Single-Use Articles, Use Limitations (C) (r) Single-Service and Single-Use Articles, Use Limitation.

1. Single-service and single-use articles may not be reused

Observed missing or cracked tiles across the bathrooms and kitchen areas.

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.

Observed missing/ damaged coving in main kitchen under drive through window.

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.

C/A: Replace damaged/ missing coving

Observed build up of grease and other debris on main kitchen floor mainly under cooking equipment.

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.

(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.

C/A: Clean frequently enough to prevent accumulations.

1. Observed coleslaw in Reach in Cooler with two dates: 9/07/24 and 9/14/24. Manager states 9/14/24 was the preparation date but did not know what the 9/07/24 date was for.
2. Observed box of half n half with manufacturer date of 9/11/24.

511-6-1.04(8)(b) - Expired Foods (P) (b) Expired Foods. 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. P

C/A: Items to be discarded

Observed large area of wall next to grease trap open with exposed wood studs showing.

511-6-1.07(2)(m) - Outer Openings Protected (C) (m) Outer Openings, Protected.

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;

C/A: Spoke to PIC about closing hole in wall.

Observed single use bowl face down in working container of grits.

511-6-1.04(4)(k) - In-Use Utensils, Between-Use Storage (C) (k)Storage of In-Use Utensils. During pauses in food preparation or dispensing, food preparation and dispensing utensils shall be stored:

1.Except as specified under paragraph 2 of this subsection, in the food with their handles above the top of the food and the container;

2.In food that is not time/temperature control for safety food with their handles above the top of the food within containers or equipment that can be closed, such as bins of sugar, flour, or cinnamon;

3.On a clean portion of the food preparation table or cooking equipment only if the in-use utensil and the food-contact surface of the food preparation table or cooking equipment are cleaned and sanitized at a frequency specified under DPH Rule 511-6-1-.05(7)(b) and (8)(a);

C/A: bowl to be discarded and replaced with scoop with handle.

Observed single use bowl being used a scoop for working container of grits.

511-6-1.05(6)(r) - Single-Service/Single-Use Articles, Use Limitations (C) (r) Single-Service and Single-Use Articles, Use Limitation.

1. Single-service and single-use articles may not be reused

Observed missing or cracked tiles across the bathrooms and kitchen areas.

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.

Observed missing and damaged coving throughout main kitchen area. Main areas observed were by the hand sink and wall under drive thru window.

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: Coving to be replaced

Observed missing or cracked tiles across the bathrooms and kitchen areas.

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). Pf

Corrective action: Spoke to PIC, she mentioned the company that were slated to work on the tiles backed out and now they are looking for another company.

Observed hot dog pans being placed on warmer cabinet from reach in cooler for hot holding without reheating to 165F.

511-6-1.04(5)(h) - Reheating for Hot holding (P) (h) Reheating for Hot Holding.

1. 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 (74°C) for 15 seconds. P

2. Except as specified under paragraph 3 of this subsection, time/temperature control for safety food reheated in a microwave oven for hot holding shall be reheated so that all parts of the food reach a temperature of at least 165°F (74°C) and the food is rotated or stirred, covered, and then allowed to stand covered for 2 minutes after reheating. P

3. Ready-to-eat time/temperature control for safety food that has been commercially processed and packaged in a food processing plant that is inspected by the food regulatory authority that has jurisdiction over the plant, shall be heated to a temperature of at least 135°F (57°C) for hot holding. P

4. Reheating for hot holding shall be done rapidly and the time the food is between the temperatures of 41°F (5°C) and 165°F (74°C) and 41°F (5°C) and 135°F (57°C) for commercially processed food, may not exceed 2 hours. P

5. Remaining unsliced portions of meat roasts that are cooked as specified under subsection (5)(a)2 of this Rule may be reheated for hot holding using the same oven parameters and minimum time and temperature conditions under which it was cooked.

Correctivr action: Spoke to PIC about requirements of reheating.