Tropical Smoothie Cafe

EHS observed in the back kitchen area that there was a smoothie king cup storing product without any labels.

CA-PIC needs to make sure that employees are labeling all items with its common name once it is taken out of its original container.

511-6-1.04(4)(d) - Food Storage Containers Identified with Common Name of Food (C) (d) Food Storage Containers, Identified with Common Name of Food. Except for containers holding food that can be readily and unmistakably recognized, such as dry pasta, working containers holding food or food ingredients that are removed from their original packages for use in the food establishment, such as cooking oils, flour, herbs, potato flakes, salt, spices, and sugar shall be clearly and legibly identified, in English, with the common name of the food.

EHS observed in the walk in freezer that were boxes of orange juice and yogurt on the floor stored directly on the floor.

CA-EHS showed PIC what was observed and stated that they cannot store food directly on the floor it must be atleast 6 inches off the 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.

EHS observed two female employees handling food at the prep top station without any hair restraints all she had was her hair in a ponytail.

CA-PIC needs to make sure that all employees handling food have on some type of hair restraint.

511-6-1.03(5)(j) - Hair Restraints (C) (i) Hair Restraints.

1. Employees preparing or handling food shall use effective and clean, disposable or easily cleanable nets or other hair restraints approved by the Health Authority, worn properly to restrain loose hair including beards and mustaches longer than one half inch.

2. This does not apply to employees such as counter staff who only serve beverages and wrapped or packaged foods, hostesses, and wait staff if they present a minimal risk of contaminating exposed food, clean utensils and linens and unwrapped single-service and single-use articles.

EHS observed employee had her phone propped up against the blender she saw EHS and removed it and there is a purse on a shelve stored directly beside the box of chips that is served to the public.

CA-PIC needs to create a designated area for employee belongings and making sure that it is not stored beside or with items that is used for the store.

511-6-1.07(4)(b) - Designated Areas for Employee Activity, located to prevent contamination of food, equipment, utensils, linens, & single service articles (C) (b) Designated Areas for Employee Activity.

1. Areas designated for employees to eat, drink, use tobacco products and electronic devices shall be located so that food, equipment, linens, and single-service and single-use articles are protected from contamination.

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.

EHS observed a prep top cooler towards the back f the kitchen all the labels expiration date were wrong. All the discarded dates were 5/7/25 or 5/12. Today is 5/14/2025. EHS questioned him about the dates. He stated that they change food 2-3 times a day and that the dates were printed wrong.

CA-EHS asked PIC to discard the old labels and make new labels with the correct dates.

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

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 117 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 observed in the walk in cooler that were boxes of milk stored directly on the floor.

CA-EHS showed PIC what was observed and stated that they cannot store food directly on the floor it must be atleast 6 inches off the 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.

EHS observed sauce bottles inside of the prep top cooler had sauce all over the top of the bottles.

CA-PIC needs to make sure that employees are routinely wiping the topo of the bottles to reduce stains at the top of the bottles.

511-6-1.05(7)(d) - Nonfood-Contact Surfaces (C) (d) Nonfood-Contact Surfaces. Nonfood-contact surfaces of equipment shall be cleaned at a frequency necessary to preclude accumulation of soil residues.

EHS observed stripes of cooked bacon with the label stating that it was suppose to be discarded (11/25/2024 end of the day.)

CA-PIC needs to train employees to daily check labels and making sure that products are labeled correctly.

511-6-1.04(6)(h) - Ready-To-Eat Time/Temperature Control for Safety Food, Disposition (P) (h) Ready-to-Eat, Time/Temperature Control for Safety Food, Disposition.

1. A food that requires datemarking shall be discarded if it:

(i) Exceeds 7 days, not including the time that the product is frozen; P

(ii) Is in a container or package that does not bear a date or day; P or

(iii) Is appropriately marked with a date or day that exceeds 7 days . P

2. Refrigerated, ready-to-eat, time / temperature control for safety food prepared in a food service establishment and dispensed through a vending machine with an automatic shutoff control shall be discarded if it exceeds 7 days. P

EHS observed employee items on shelving racks with other equipment and utensils. Jackets were hanging on the racks.

CA-PIC needs to create a designated area for employees.

511-6-1.07(4)(b) - Designated Areas for Employee Activity, located to prevent contamination of food, equipment, utensils, linens, & single service articles (C) (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.

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.

EHS observed a container of romaine lettuce with a discard date of 05/19/24. Today's date is 05/20/24.

(h) Ready-to-Eat, Time/Temperature Control for Safety Food, Disposition.

1. A food that requires datemarking shall be discarded if it:

(i) Exceeds 7 days, not including the time that the product is frozen; P

Informed PIC to toss food items, and also to ensure that food is discarded after discard date. This was COS.

EHS observed male employee preparing food in front food service area with a bracelet on wrist.

(g) Jewelry. Except for a plain ring such as a wedding band food employees may not wear jewelry including medical information jewelry on their arms and hands while preparing food.

Informed PIC to ensure that the only jewelry worn is a plain wedding band ring. This must be corrected by 05/20/24

EHS observed left over sticker residue on multiple plastic containers stored as clean on drying racks and shelves in main kitchen.

3. Nonfood-contact surfaces of equipment shall be kept free of an accumulation of dust, dirt, food residue, and other debris. Informed PIC to ensure that all stickers are being removed on containers. This must be corrected by 05/20/24

EHS observed two containers of romaine lettuce in prep top cooler in front food service, being used past its "use by date" of 11/03/23/ PIC informed EHS that items were just prepped and stickers were not changed.

1. A food that requires datemarking shall be discarded if it:

(i) Exceeds 7 days, not including the time that the product is frozen; P

(ii) Is in a container or package that does not bear a date or day; P or

(iii) Is appropriately marked with a date or day that exceeds 7 days . P

2. Refrigerated, ready-to-eat, time / temperature control for safety food prepared in a food service establishment and dispensed through a vending machine with an automatic shutoff control shall be discarded if it exceeds 7 days. P

Informed PIC to reveiw date marking with employees. PIC toss items. This was COS.

Upon entry, EHS observed female employee without hair restraint preparing food items.

(i) Hair Restraints.

1. Employees preparing or handling food shall use effective and clean, disposable or easily cleanable nets or other hair restraints approved by the Health Authority, worn properly to restrain loose hair including beards and mustaches longer than one half inch.

2. This does not apply to employees such as counter staff who only serve beverages and wrapped or packaged foods, hostesses, and wait staff if they present a minimal risk of contaminating exposed food, clean utensils and linens and unwrapped single-service and single-use articles.

PIC informed employee to place on hair restraint. This was COS.

EHS observed most recent inspection report not posted in facility for public viewing.

. 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.

PIC is to have inspection report from today 11/6/23 posted for public viewing. This must be corrected by 11/7/23

EHS observed left over residue on multiple plastic containers stored as clean on drying racks and shelves in main kitchen.

2. The food-contact surfaces of cooking equipment and pans shall be kept free of encrusted grease deposits and other soil accumulations.

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

Informed PIC to ensure that all food debris, stickers, dirt, etc are being removed when washing dishes. This must be corrected by 11/08/23

EHS observed employee items on shelving racks with other equipment and utensils.PIC informed EHS that they were unaware of having an employee designated area.

(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.

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 create designated area for employee items. This must be corrected by 11/06/23

EHS observed only employee reporting agreement signed was by PIC/CFSM. Violaition: 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. CA: have all employees sign reporting agreement.

EHS observed wiping cloth in handwashing sink. Violation: handwashing sinks shall only be used for handwashing. CA: ensure handwashing sink does not have anything in sink other than for handwashing.

EHS observed fruit flies or drain flies in front and back kitchen areas. Violation: (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. CA: have pest control come inspect/treat areas where pest may be harboring.

EHS observed bulk storage container under front counter with no label. Violation: bulk storage containers of food shall be labeled with common name in English. CA: label bulk container.

EHS observed personal items in back shelves stored above produce; drinks, cups, purse, keys, food. Violation: employee items shall be in designated area located to prevent the contamination of food, equipment, utensils, and single use articles. CA: move employee items to designated area where protection from contamination is provided.

EHS observed inspection report posted that was not most recent report. Violation: facility shall have most recent inspection report posted in public view. CA: posted inspection report from today 5/19/23.

EHS observed scoop in bulk container under front counter with handle of scoop in product. Violation: for non-TCS foods in-use utensils may be stored in the product with scoop handle out of product in a closeable container. CA: ensure scoop handle does not fall into product.

EHS observed in-use utensils in TCS foods with handles in product. Violation: in-use utensils shall be stored with handles above product and above top of container. CA: ensure handles are above product and container.

EHS observed non-commercial microwave on bottom shelf of prep table next to ovens. Violation: Chapter 511-6-1-.05(2)(jj): all equipment in facility shall be commercial grade. CA: replace with commercial grade microwave.

EHS observed bulk container under front counter with cracked lid duct taped together but smaller piece had come loose and would potentially fall into product. Violation: all equipment shall be maintained in good repair. CA: replace lid or bulk container.

EHS observed dumpster missing lids. Violation: receptacles shall be kept covered with tight fitting lids/doors if outside. CA: speak with waste management service provider and/or property owner to have replaced or fixed.

EHS observed employee personal items on prep table next to front handwashing sink; lotion and phone on charger. Violation: personal items shall be in designated areas located where contamination of food, equipment, utensils, and single use articles is prevented. CA: items removed from table.