Subway #46597

Observed PIC could not provide employee health reporting forms. 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. EHS informed her of the need for all employees to read and sign the health reporting agreement.

Observed male employee drinking orange juice from a bottle. 2. Employees shall consume food only in approved designated areas separate from food preparation and serving areas, equipment or utensil areas and food storage areas. However, drinking from a single service beverage cup with a secure lid and straw that is handled to prevent contamination of the employee’s hands, the container, exposed food, clean equipment, utensils and linens, unwrapped single-service and single-use articles will be allowed. EHS informed the PIC that drinking is to occur from a disposable cup with lid and straw in a designated area away from food prep.

Observed male employee working with multiple bracelets on both wrists. 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. EHS informed the PIC that nothing is allowed on the hand or wrist except for a plain wedding band.

Observed pans on storage rack that were wet-stacked. (10) Protection of Clean Items.

(a) Equipment and Utensils, Air-Drying Required. After cleaning and sanitizing, equipment and utensils:

1. Shall be air-dried or used after adequate draining before contact with food. EHS informed the PIC of the need for all equipment to air-dry before stacking; all dishes must be re-washed.

Observed stained ceiling tiles and vents above the oven and the need to clean the facility walls and flooring thoroughly. lean (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. EHS informed the PIC of the need to clean the noted areas.

Observed cell phone, jacket, and orange juice bottle on the prep table. (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 informed the PIC of the need to create a designated area for employee belongings away from food prep and storage.

EHS observed temperatures of delivered items not recorded on the key drop deliver invoice.

511-6-1.03(2)(a)-(n)(p),(q) - Responsibility of PIC (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

CA: Advised PIC that facility must ensure the contracted company records temperatures at time of delivery.

EHS observed no CFSM to be posted or staffed.

511-6-1.03(3)(a) - Food Safety Manager Certification (Pf) Food service establishments shall have in its employ a Certified Food Safety Manager (CFSM) as specified in paragraph (b) of this subsection to ensure food safety is being managed within the food service establishment during all hours of operation as specified within paragraph (d) of this subsection.

CA: Informed PIC that facility is to obtain CFSM and post certification for view.

EHS Observed the most recent inspection report not on display for view. The last grade received was a 96, the report currently displayed shows a grade of 85.

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.

CA: Advised PIC that the facility is to post the new inspection report when received.

EHS observed the ceiling tiles and air vents above the bread ovens to be stained brown and in need of replacement.

511-6-1.07(2)(a) - Floor, Walls, & Ceilings, Cleanability (C) (2) Design, Construction, and Installation.

(a) Floors, Walls, and Ceilings, Cleanability. Except as specified under subsection (2)(d) of this Rule and except for antislip floor coverings or applications that may be used for safety reasons, floors, floor coverings, walls, wall coverings, and ceilings shall be designed, constructed, and installed so they are smooth and easily cleanable

CA: Advised PIC that the ceiling tiles and air vents are to be in good repair, and that the facility is to address the discolored/stained items.

Observed the most recent inspection report not posted in the facility. Facility is posting score of 85 instead of most recent score of 72. At all times, the most recent score shall be displayed for public viewing. Facility is to post new score as appropriate when received.

Observed splattered debris on the non-food contact surface of pans stacked as clean on the rack near the 3-C sink. All non-food contact surfaces are to be clean to sight and touch. Facility is to clean.

Observed the need to clean and/or replace the ceiling tiles above the oven area due to brown staining and staining. All physical facilities shall be maintained in good repair. Facility is to address.

Observed a hole in the wall nearest the women's restroom. All physical facilities are to be maintained in good repair. Facility is to speak with maintenance to repair.

Observed multiple time temperature control for safety (TCS) foods in the cold hold bar above the required 41F or less for cold holding. When discussing with PIC, facility is removing food products at the end of the night, placing in other refrigeration units, and turning off the cold hold units. Facility is then turning on unit at start of the shift and reloading product. Expressed concerns with PIC that unit is not being allowed to reach proper cold holding temperatures prior to staff reloading product to allow for proper cold holding temperatures of TCS foods. As unit was turned on at 8:45 AM and foods had been stored in operational cold hold units overnight, allowed foods to cool.

Observed the facility without a certified food safety manager on staff. All facilities shall have in their employee at least one employee who has obtained a certified food safety manager's certificate. Facility is to obtain.

Observed sliced tomatoes on the cold hold bar labeled with a discard date of 12/18/2024. All time/temperature control for safety (TCS) foods should be used and/or discarded by the indicated disposition date. PIC had employee to discard.

Observed a male staff member removing the current label on the pans on the cold hold bar and replacing with a new label that had a different date than the label that was previously on the pan. For example, if a pan was originally marked as discard on 12/19/24, new label now states 12/21/24. Per PIC, had an issue with date marking according to 3rd party compliance staff. As a result, company now has staff changing labels without actually changing product. Explained to PIC that this was an incorrect interpretation of the how date marking should be accomplished. Facility is to speak to upper management and 3rd party compliance regarding regulations for additional clarification on points being raised. Facility is to adhere to date marking requirements.

Observed a bag of shredded lettuce in the walk in cooler with a best if used by date of 12/16/2024. All time/temperature control for safety (TCS) foods must be used and/or discarded by the indicated expiration date. PIC removed from walk in cooler to discard.

Observed three boxes of shredded lettuce in the walk in cooler with a best if used by date of 12/16/2024. All time/temperature control for safety (TCS) foods must be used and/or discarded by the indicated expiration date. PIC removed from walk in cooler to discard.

Observed the male employee on the prep line preparing food while wearing bracelets on both arms. While engaged in food prep duties, staff shall not wear any jewelry from the arms downward beyond a plain band. EHS spoke to employee, who removed bracelets, and washed hands before returning to work.

Observed the need to clean and/or replace the ceiling tiles above the oven area due to brown staining and staining. All physical facilities shall be maintained in good repair. Facility is to address.

Observed a hole in the wall near the back women's restroom. All physical facilities shall be maintained in good repair. Facility is to address.

EHS observed numerous TCS items in prep top cooler on the right side above required 41F degrees. In the meantime EHS instructed to keep those items on the right side on ice to keep the TCS items in temperature (41 degrees and below).

Corrective action- PIC needs to contact certified company to check their cold holding units to see it is only keeping temperature on the left side and not the right side.

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

EHS observed the reach in cooler behind the prep top cooler ambient at 43 degrees. TCS items were 43 degrees and above. EHS instructed PIC to move all TCS items to the walk in cooler. Until the reach in cooler has been serviced and the issues have been fixed.

Corrective action- PIC needs to check all cold holding units routinely to make sure that all equipment is working properly. Also, if any cold holding units are not working properly all TCS items must be moved to a working cold holding unit. Then PIC needs to contact maintenance to service the 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. P

EHS did not see a CFSM certificate posted. PIC stated that the company will not give her the tools to apply for the certificate.

Corrective action- PIC needs to get at least one employee to have completed a CFSM and display it in the facility.

511-6-1.03(3)(a) - Food Safety Manager Certification (Pf) Food service establishments shall have in its employ a Certified Food Safety Manager (CFSM) as specified in paragraph (b) of this subsection to ensure food safety is being managed within the food service establishment during all hours of operation as specified within paragraph (d) of this subsection. Pf

Observed facility current Food Service Permit was not posted for public viewing. PIC stated that the last inspector did not email it to her.

Corrective action- PIC is responsible for obtaining the most up to date inspection report and displaying it in the facility.

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.

EHS observed a cell phone on the drying rack where clean dishes are stored. Also at the hand sink in the front a employee had a crown royal bag filled with personal items on the counter.

Corrective action- PIC needs to create a designated area for all employees personal belongings.

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 numerous TCS items in prep top cooler above required 41F degrees. Violation: TCS foods cold holding shall be maintained at 41F or below. CA: PIC cooling product as time allowed and discarding products too high to cool.

EHS observed pans both on clean rack and on drainage board of 3C sink wet stacked. Violation: equipment and utensils shall be air dried or used after adequate drainage before contact with food. CA: allow equipment and utensils to air dry prior to stacking.

EHS observed reach in cooler behind front food service line with ambient temperature of 56F. Violation: equipment shall be in good repair. CA: service unit to ensure cooling to minimum of 41F.

EHS observed ice accumulation in walk in freezer. Violation: food and non-food contact surfaces of equipment shall be kept free of accumulations. CA: scrape and remove ice from freezer. If needed have freezer serviced to stop condensation.

EHS observed dumpster side door open. Violation: outdoor receptacles shall be covered with tight fitting doors or lids. CA: ensure doors and lids are closed when not actively taking trash out.

EHS observed employee phones on prep table in back. Violation: personal items shall be stored in designated areas where potential contamination of food, equipment, utensils, and single-service/single-use articles is prevented. CA: place personal items in designated areas.

EHS observed numerous personal items stored on counter behind food service line. Violation: personal items shall be stored in designated areas located to prevent contamination of food, equipment, utensils, and single-service/use items. CA: place all personal items in designated areas.

EHS observed sweater stored on top of product in dry storage area. Violation: personal items shall be stored in designated areas located to prevent contamination of food, equipment, utensils, and single-service/use items. Move personal items to designated areas.

EHS observed male employee go from register and attempt to start preparing food without washing hands. Violation: 1. Food employees shall clean their hands and exposed portions of their arms immediately before engaging in food preparation including working with exposed food, clean equipment and utensils, and unwrapped single-service and single-use articles P and:

(i) After touching bare human body parts other than clean hands and clean, exposed arms; P

(ii) After using the toilet room; P

(iii) After caring for or handling service animals or aquatic animals; P

(iv) After coughing, sneezing, using a handkerchief or disposable tissue, using tobacco, eating, or drinking, except for drinking from a closed beverage container and the container is handled to prevent contamination of the hands; P

(v) After handling soiled equipment or utensils; P

(vi) During food preparation, as often as necessary to remove soil and contamination and to prevent cross contamination when changing tasks; P

(vii) When switching between working with raw food and working with ready-to-eat food; P

(viii) Before donning gloves to initiate a task that involves working with food; P and

(ix) After engaging in other activities that contaminate the hands. P

2. All employees shall wash hands before leaving the restroom. All food employees leaving the restroom shall wash their hands again upon re-entering the food preparation area. P CA: EHS stopped employee and informed them that they would need to wash hands prior to preparing food.

EHS observed meatballs in steam well below required 135F they were at 113F. Violation: TCS foods hot holding shall be maintained at 135F or higher. CA: PIC reheated meatballs to 169F.

EHS observed diced chicken in walk in cooler not cool in 20 minutes. This fails to meet predictive cooling model of 0.121F per minute or 7.25 per hour. Violation: TCS foods shall cool from 70F to 41F in 4 hours or less. CA: PIC move to walk in freezer.

EHS observed chicken, and tuna in front food service area not cool at a rate of 0.121F per minute or 7.25F per hour after 50 minutes. Violation: TCS foods cooling shall be cooled from 70F to 41F in 4 hours or less. CA: Move to walk in cooler or walk in freezer.

EHS observed facility without proof of a certified food safety manager. PIC stated Burger King will not send her certificate to her. Violation: at least one employee with supervisory and management responsibility and authority shall be a certified food safety manager. CA: Obtain copy through ServSafe or obtain new certification by 01/14/23.

EHS observed silicone portion containers in clean equipment shelves with food debris still inside containers. Violation: equipment food contact surfaces shall be clean to sight and touch. CA: PIC is to rewash portion containers. Removed from clean storage and placed in 3C sink.

EHS observed tuna and salami being cooled in reach in cooler in front service area covered with lids not allowing proper cooling. Violation: 1. Cooling shall be accomplished in accordance with the time and temperature criteria specified under DPH Rule 511-6-1-.04(6)(d) by using one or more of the following methods depending on the type of food being cooled:

(i) Placing the food in shallow pans; Pf

(ii) Separating the food into smaller or thinner portions; Pf

(iii) Using rapid cooling equipment; Pf

(iv) Stirring the food in a container placed in an ice water bath; Pf

(v) Using containers that facilitate heat transfer; Pf

(vi) Adding ice as an ingredient; Pf or

(vii) Other effective methods. Pf

2. When placed in cooling or cold holding equipment, food containers in which food is being cooled shall be:

(i) Arranged in the equipment to provide maximum heat transfer through the container walls; and

(ii) Loosely covered, or uncovered if protected from overhead contamination during the cooling period to facilitate heat transfer from the surface of the food. CA: PIC took lids and cattycornered to allow more air flow.

EHS observed ice build up in walk in freezer. Violation: food and non-food contact surfaces of equipment shall be kept free of accumulations. CA: scrape ice out of freezer and repair freezer to not have condensation.

EHS observed dumpster side doors open. Violation: outdoor receptacles shall be covered with tight fitting doors or lids. CA: Ensure doors and lids are closed unless actively using dumpster.

EHS observed employee phones on prep table in back. Violation: personal items shall be stored in designated areas where potential contamination of food, equipment, utensils, and single-service/single-use articles is prevented.

EHS observed almost all pans, sheet pans, and silicone portion containers wet stacked on clean storage shelf. Violation: equipment and utensils shall be air dried or used after adequate draining before contact with food. CA: allow equipment to air dry prior to stacking.

EHS observed cutting surfaces on service line in need of cleaning. Violation: cutting surfaces shall be clean and sanitized if no longer able to be sanitized shall be resurfaced or replaced. CA: clean, resurface, or replace cutting surfaces.

EHS observed food debris at bottom of bread rack. Violation: food and non-food contact surfaces of equipment shall be kept free of accumulations. CA: clean bottom of bread rack at frequency to prevent accumulations.