CHICK-IN-BOX

Observed several bowls of sauce on top shelves within kitchen with no overhead protection. The bottom shelves have covers, but the top do not.

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;

Corrective action: Corrective action: Discussed with PIC to move bowls to the bottom part of the shelf so that the bowls have overhead protection.

Observed single use plastic container used as a scoop for flour container.

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.

Corrective action: PIC removed plastic container from flour container. Discussed acquiring scoop with handle.

Observed coleslaw plastic container used to store soy sauce.

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.

Corrective action: PIC discarded soy sauce and discussed acquire food grade container if soy sauce is to be removed from original container.

Observed grease and food debris accumulation under the fryers.

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.

Corrective action: Discussed with PIC, to have area cleaned of accumulation.

Observed melted cheese within crockpot at 130F.

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

Corrective action: Requested cheese to be reheated 165F.

Observed bowls of sauce in shelves within kitchen in front of stove.

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;

Corrective action: Discussed with PIC to add overhead protection to shelves to prevent contamination of the sauces.

Observed plate within ice machine with a hinge broken and mold-like substance build up.

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:

(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: Discussed with PIC to have ice machine deep cleaned, to increase clean up frequency to preclude build up and to fix plate hinge.

Observed gap at the bottom base corner of the back door.

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;

(ii) Closed, tight-fitting windows; and

(iii) Solid, self-closing, tight-fitting doors.

Corrective action: Discussed with PIC to have door repaired to close gaps.

Observed cheese sauce scoop placed within a container of water; not heated to 135F.

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);

4.In running water of sufficient velocity to flush particulates to the drain, if used with moist food such as ice cream or mashed potatoes;

5. In a clean, protected location if the utensils, such as ice scoops, are used only with a food that is not time/temperature control for safety food; or

6. In a container of water if the water is maintained at a temperature of at least 135°F (57°C) and the container is cleaned at a frequency specified under DPH Rule 511-6-1-.05(7)(b)3(vi).

Corrective action: Discussed with PIC the methods that a in-use utensil may be used. Item removed from water container to clean.

Observed crockpot brand crockpot used for hot holding cheese sauce.

511-6-1.5 (2)(jj) - Food Service Equipment, Acceptability. Food service equipment must be commercial grade equipment and designed and built according to standards set by American National standards Institute (ANSI) accredited certification programs. Such an accredited program includes, but is not limited to, one offered by the National Sanitation Foundation, or Underwriters Laboratories. Food equipment that is certified or classified for sanitation by an American National Standards Institute (ANSI) accredited certification program is deemed to comply with subsections (1) and (2) of this Rule when used for its intended purpose.

Corrective action: Discussed with PIC to acquire a commercial grade crockpot.

Observed excessive ice build up within reach in freezer in front of stove.

511-6-1.05(6)(a) - Good Repair & Proper Adjustment (C) (6) Maintenance and Operation.

(a) Good Repair and Proper Adjustment.

1. Equipment shall be maintained in a state of repair and condition that meets the requirements specified under subsections (1) and (2)of this Rule.

Corrective action: Discussed with PIC to have ice build up removed.

Observed visible light present at the base of the back door. (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;

(ii) Closed, tight-fitting windows; and

(iii) Solid, self-closing, tight-fitting doors.

2. The requirements in paragraph 1 of this subsection does not apply if a food service establishment opens into a larger structure, such as a mall, airport, or office building, or into an attached structure, such as a porch, and the outer openings from the larger or attached structure are protected against the entry of insects and rodents.

3. Exterior doors used as exits need not be self-closing if they are:

(i) Solid and tight-fitting;

(ii) Designated for use only when an emergency exists, by the fire protection authority that has jurisdiction over the food establishment; and

(iii) Limited-use so they are not used for entrance or exit from the building for purposes other than the designated emergency exit use.

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. Informed PIC to repair or place weather stripping at back door to prevent pest. This must be corrected by 1/6/25

EHS observed facility lacking pest control. PIC stated that they apply pest control themselves, didn't think that arrow pest control company was doing a good job. k) Controlling Pests. The presence of insects, rodents, and other pests shall be controlled to minimize their presence on the premises by: 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 PIC is to contact pest control company to come treat facility. EHS will follow-up in a week. This must be corrected by 1/9/25

Observed facility's need to purchase a commercial grade hot holding unit as the cheese sauce was being held in a household crockpot. PIC informed EHS that they are thinking about getting rid of cheese sauce as an option for philly cheese steaks.

Food service equipment must be commercial grade equipment and designed and built according to standards set by American National standards Institute (ANSI) accredited certification programs. Such an accredited program includes, but is not limited to, one offered by the National Sanitation Foundation, or Underwriters Laboratories. Food equipment that is certified or classified for sanitation by an American National Standards Institute (ANSI) accredited certification program is deemed to comply with subsections (1) and (2) of this Rule when used for its intended purpose. Informed PIC to either purchase food grade equipment. This must be corrected by 1/6/24

EHS observed damaged hood vents in hood vent system. (6) Maintenance and Operation.

(a) Good Repair and Proper Adjustment.

1. Equipment shall be maintained in a state of repair and condition that meets the requirements specified under subsections (1) and (2)of this Rule.

2. Equipment components such as doors, seals, hinges, fasteners, and kick plates shall be kept intact, tight, and adjusted in accordance with manufacturer's specifications. PIC is to replace hood vents. This must be corrected by 1/6/25

EHS observed chips, a bottle of water, and a energy drink under prep table next to prep top unit in main kitchen. (b) Designated Areas for Employee Activity.

1. Areas designated for employees to eat, drink, and use tobacco shall be located so that food, equipment, linens, and single-service and single-use articles are protected from contamination. Employee removed items. This was COS.

EHS observed employee items in storage room laying on wire shelving with paper plates. 2. Lockers or other suitable facilities shall be located in a designated room or area where contamination of food, equipment, utensils, linens and single-service and single-use articles cannot occur. Informed PIC to have a designated area created for employee items. This must be corrected by 1/3/25

Observed multiple items stored uncovered in the prep top cooler. (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. EHS has informed the owner prior of the need to cover items to prevent contamination.

Observed items on maketable with no prep or discard dates. (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.

EHS informed PIC of the need to place the prep date on all items to be held over 24 hours; facility has a 7 day hold for all items beginning with the day of preparation. Items seemed to be fresh with the exception of the coleslaw which looked to be held over 24 hours. EHS informed owner during prior visits to date items that are held over 24 hours.

Observed facility's need to purchase a commercial grade hot holding unit as the cheese sauce was being held in a household crockpot. (jj) Food Service Equipment, Acceptability. Food service equipment must be commercial grade equipment and designed and built according to standards set by American National standards Institute (ANSI) accredited certification programs. Such an accredited program includes, but is not limited to, one offered by the National Sanitation Foundation, or Underwriters Laboratories. Food equipment that is certified or classified for sanitation by an American National Standards Institute (ANSI) accredited certification program is deemed to comply with subsections (1) and (2) of this Rule when used for its intended purpose. PIC is aware of the need to purchase a commercial grade hot holding unit.

Observed facility's need to purchase a commercial grade hot holding unit as the cheese sauce was being held in a household crockpot. (jj) Food Service Equipment, Acceptability. Food service equipment must be commercial grade equipment and designed and built according to standards set by American National standards Institute (ANSI) accredited certification programs. Such an accredited program includes, but is not limited to, one offered by the National Sanitation Foundation, or Underwriters Laboratories. Food equipment that is certified or classified for sanitation by an American National Standards Institute (ANSI) accredited certification program is deemed to comply with subsections (1) and (2) of this Rule when used for its intended purpose. PIC is aware of the need to purchase a commercial grade hot holding unit.

Observed multiple items stored uncovered in the maketable and frozen fish stored uncovered in the walk in cooler. (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;

EHS informed PIC that items must be stored covered at all times to protect product from contamination. PIC stated he did not have all of the lids in; EHS informed that Saran/Plastic Wrap would suffice.

Observed items on maketable with no prep or discard dates. (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.

EHS informed PIC of the need to place the prep date on all items to be held over 24 hours; facility has a 7 day hold for all items beginning with the day of preparation. PIC will date items.

Observed damaged ceiling tiles in the dining area. (5) Maintenance and Operation.

(a) Good Repair. All physical facilities shall be maintained in good repair. EHS informed PIC of the need to replace ceiling tiles.