Mesquite LLC/ DBA Marisqueria Mis Costa

Observed quaternary ammonium sanitizer in 3-compartment sink with concentration below proper minimum. Manager was advised to use bottled chlorine in sanitizer sink while dispenser is being repaired. 511-6-1.05(6)(n) - Manual and Mechanical Warewashing Equipment, Chemical Sanitization-Temperature, pH, Concentration, Hardness (P,Pf) (n) Manual and Mechanical Warewashing Equipment, Chemical Sanitization - Temperature, pH, Concentration, and Hardness. A chemical sanitizer used in a sanitizing solution for a manual or mechanical operation at contact times specified under subsection (8)(b)3 of this Rule shall meet the requirements specified in DPH Rule 511-6-1-.07(6)(g), shall be used in accordance with the Environmental Protection Agency (EPA)-registered label use instructions P, and shall be used as follows:

1. A chlorine solution shall have a minimum temperature based on the concentration and pH of the solution as listed in the following chart; P

Concentration Range Minimum Temperature

MG/L PH 10 or less oF (oC) PH 8 or less oF (oC)

25-49 120 (49) 120 (49)

50-99 100 (38) 75 (24)

100 55 (13) 55 (13)

2. An iodine solution shall have a minimum temperature of 68°F (20°C)P minimum concentration between 12.5 ppm and 25 ppm, P and pH of 5.0 or less or a pH no higher than the level for which the manufacturer specifies for the solution to be effective; P

3. A quaternary ammonium compound solution shall have a minimum temperature of 75ºF (24ºC), P have a concentration as specified in DPH Rule 511-6-1-.07(6)(g) and as indicated by the manufacturer’s use directions included in the labeling, P and be used only in water with 500 ppm hardness or less or in water having a hardness no greater than specified by the EPA-registered label use instructions; P

4. If another solution of a chemical specified under paragraphs 1 through 3 of this subsection is used, the permit holder shall demonstrate to the Health Authority that the solution achieves sanitization and the use of the solution shall be approved; P

5. If a chemical sanitizer other than chlorine, iodine, or a quaternary ammonium compound is used, it shall be applied in accordance with the EPA-registered label use instructions ;P and

6. If a chemical sanitizer is generated by a device located on-site at the food service establishment, it shall be used as specified in 1-5 of this subsection and shall be produced by a device that:

(i) complies with law as specified in sections 2(q)(1) and 12 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), P

(ii) complies with 40 CFR 152.500 Requirement for Devices and 40 CFR 156.10 Labeling Requirements, P

(iii) displays the EPA device manufacturing facility registration number on the device, Pf and

(iv) is operated and maintained in accordance with manufacturer’s instructions. Pf.

7. On-site chemical sanitizer generating equipment with active ingredients, such as copper, must be registered as pesticides. The active ingredient may be part of the equipment or separately added.

Observed wiping cloths stored in chlorine sanitizer solution below 0 ppm. Manager added additional sanitizer solution to wiping cloths. 511-6-1.04(4)(m) - Wiping Cloths, Use Limitation (C) (m) Wiping Cloths, Use Limitation.

1. Cloths in-use for wiping food spills from tableware and carry-out containers that occur as food is being served shall be:

(i) Maintained dry; and

(ii) Used for no other purpose.

2. Cloths in-use for wiping counters and other equipment surfaces shall be:

(i) Held between uses in a chemical sanitizer solution at a concentration specified under DPH Rule 511-6-1-.05(6)(n); and

(ii) Laundered daily.

3. Cloths in-use for wiping surfaces in contact with raw animal foods shall be kept separate from cloths used for other purposes.

4. Dry wiping cloths and the chemical sanitizing solutions in which wet wiping cloths are held between uses shall be free of food debris and visible soil.

5. Containers of chemical sanitizing solutions in which wet wiping cloths are held between uses shall be stored off the floor and used in a manner that prevents contamination of food, equipment, utensils, linens, single-service, or single-use articles.

6. Single-use disposable sanitizer wipes shall be used in accordance with EPA-approved manufacturer’s label use instructions.

Observed raw chicken stored above raw fish/seafood in reach-in cooler. PIC switched the position of the items in the reach in cooler. 511-6-1.04(4)(c)1(i)(ii)(iii)(v)(vi)(vii)(viii) - Packaged & Unpackaged Food Separation, Packaging, and Segregation (P, C) (c) Packaged and Unpackaged Food - Separation, Packaging, and Segregation.

1. Food shall be protected from cross contamination by:

(i) Except as specified in paragraph (i)(IV) of this subsection, separating raw animal foods during storage, preparation, holding, and display from:

(I) Raw ready-to-eat food including other raw animal food such as fish for sushi or molluscan shellfish, or other raw ready-to-eat food such as fruits and vegetables, P and

(II) Cooked ready-to-eat food; and P

(III) Fruits and vegetables before they are washed; P

(IV) Frozen, commercially processed and packaged raw animal food may be stored or displayed with or above frozen, commercially processed and packaged, ready-to-eat food.

(ii) Except when combined as ingredients, separating types of raw animal foods from each other such as beef, fish, lamb, pork, and poultry during storage, preparation, holding, and display by:

(I) Using separate equipment for each type, P or

(II) 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; P

(iii) Cleaning and sanitizing equipment and utensils;

(v) Cleaning hermetically sealed containers of food of visible soil before opening;

(vi) Protecting food containers that are received packaged together in a case or overwrap from cuts when the case or overwrap is opened;

(vii) Storing damaged, spoiled, or recalled food being held in the food service establishment separate from food, equipment, utensils, linens and single-service and single-use articles; or

(viii) Separating fruits and vegetables, before they are washed from ready-to-eat food.

Observed wiping cloth stored in a chlorine sanitizer solution at 0 ppm.511-6-1.04(4)(m) - Wiping Cloths, Use Limitation (C) (m) Wiping Cloths, Use Limitation.

1. Cloths in-use for wiping food spills from tableware and carry-out containers that occur as food is being served shall be:

(i) Maintained dry; and

(ii) Used for no other purpose.

2. Cloths in-use for wiping counters and other equipment surfaces shall be:

(i) Held between uses in a chemical sanitizer solution at a concentration specified under DPH Rule 511-6-1-.05(6)(n); and

(ii) Laundered daily.

3. Cloths in-use for wiping surfaces in contact with raw animal foods shall be kept separate from cloths used for other purposes.

4. Dry wiping cloths and the chemical sanitizing solutions in which wet wiping cloths are held between uses shall be free of food debris and visible soil.

5. Containers of chemical sanitizing solutions in which wet wiping cloths are held between uses shall be stored off the floor and used in a manner that prevents contamination of food, equipment, utensils, linens, single-service, or single-use articles.

6. Single-use disposable sanitizer wipes shall be used in accordance with EPA-approved manufacturer’s label use instructions.

Observed bowls and plates not stored inverted or covered. Employee inverted items. 511-6-1.05(10)(e)1,2,4 - Equipment, Utensil, Linens, stored 6" off floor in clean, dry location (C) (e) Equipment, Utensils, Linens, and Single-Service and Single-Use Articles.

1. Except as specified in paragraph 4 of this subsection, cleaned equipment and utensils, laundered linens, and single-service and single-use articles shall be stored:

(i) In a clean, dry location;

(ii) Where they are not exposed to splash, dust, or other contamination; and

(iii) At least 6 inches (15 centimeters) above the floor. 2. Clean equipment and utensils shall be stored as specified under paragraph 1 of this subsection and shall be stored:

(i) In a self-draining position that allows air drying; and

(ii) Covered or inverted. 4. Items that are kept in closed packages may be stored less than 6 inches (15 centimeters) above the floor on dollies, pallets, racks, and skids that are designed as specified under subsection (2)(hh) of this Rule.

Observed a staff member eating and drinking in the food preparation area while preparing food. Staff members are not allowed to consume food in the food preparation area. Drinks can be consumed using a single use cup with a lid and a straw. PIC discarded food that was being consumed along with a used water bottle.

511-6-1.03(5)(k)1&2 - Eating, Drinking, or Using Tobacco (C) (k) Hygienic Practices.

1. Employees shall not use any form of tobacco products, or electronic devices that simulate tobacco smoking, while engaged in food preparation or service, nor while in areas used for equipment or utensil washing and storage, food preparation or food storage. Employees shall only use tobacco products or electronic devices that simulate tobacco smoking in approved designated areas.

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.

Observed TCS foods (shrimp and ceviche) not properly date marked in the walk in cooler. PIC corrected on site by adding a date label to the TCS foods that was prepared on 4/2/25.

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

Observed raw eggs stored above dessert (Flan) in the walk in cooler. Also observed raw beef stored next to raw oysters in the walk in cooler. PIC removed the improperly stored items. PIC will follow chart located outside of the walk in cooler indicating proper storage.

511-6-1.04(4)(c)1(i)(ii)(iii)(v)(vi)(vii)(viii) - Packaged & Unpackaged Food Separation, Packaging, and Segregation (P, C) (c) Packaged and Unpackaged Food - Separation, Packaging, and Segregation.

1. Food shall be protected from cross contamination by:

(i) Except as specified in paragraph (i)(III) of this subsection, separating raw animal foods during storage, preparation, holding, and display from:

(I) Raw ready-to-eat food including other raw animal food such as fish for sushi or molluscan shellfish, or other raw ready-to-eat food such as fruits and vegetables, P and

(II) Cooked ready-to-eat food; and P

(III) Frozen, commercially processed and packaged raw animal food may be stored or displayed with or above frozen, commercially processed and packaged, ready-to-eat food.

(ii) Except when combined as ingredients, separating types of raw animal foods from each other such as beef, fish, lamb, pork, and poultry during storage, preparation, holding, and display by:

(I) Using separate equipment for each type, P or

(II) 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; P

(iii) Cleaning and sanitizing equipment and utensils;

(v) Cleaning hermetically sealed containers of food of visible soil before opening;

(vi) Protecting food containers that are received packaged together in a case or overwrap from cuts when the case or overwrap is opened;

(vii) Storing damaged, spoiled, or recalled food being held in the food service establishment separate from food, equipment, utensils, linens and single-service and single-use articles; or

(viii) Separating fruits and vegetables, before they are washed from ready-to-eat food.

Observed raw animal food stored over ready-to-eat food.

Observed objectionable odors in bathroom. There was a strong odor coming from the floor drains in the men's restroom. PIC will contact a certified plumber by 12/20/24. 511-6-1.07(5)(h) - Cleaning Plumbing Fixtures- Handsinks, Urinals & Toilets (C) (h) Cleaning of Plumbing Fixtures. Plumbing fixtures such as handwashing sinks, toilets, and urinals shall be cleaned as often as necessary to keep them clean and maintained.

Air gap needed on the three compartment sink. Hub drain needed below the handsink.

Splash guards needed between the meat and veggie sinks

Rubber/Vinyl baseboard must be installed in the kitchen and both restrooms. Baseboard was not correctly installed.