Pho Town

Observed no hand drying provisions at the back hand sink. PIC corrected on site.

511-6-1.07(3)(b) - Hand Drying Provision (Pf) (b) Hand Drying Provision. Each handwashing sink or group of adjacent handwashing sinks shall be provided with:

1. Individual, disposable towels; Pf

2. A continuous towel system that supplies the user with a clean towel; Pf

3. A heated-air hand drying device; Pf or

4. A hand drying device that employs an air-knife system that delivers high velocity, pressurized air at ambient temperatures.Pf

Observed raw whole pork temporarily stored in the hand sink. PIC was advised that the hand sink should only be used for cleaning hands only. PIC corrected on site.

511-6-1.06(2)(o) - Using a Handwashing Sink- Operation & maintenance (Pf) (o) Using a Handwashing Sink.

1. A handwashing sink shall be maintained so that it is accessible at all times for employee use. Pf

2. A handwashing facility may not be used for purposes other than handwashing. Pf

3. An automatic handwashing facility shall be used in accordance with manufacturer’s instructions. Pf

Observed build up on the deflector of the ice bin. PIC will burn ice and deep clean the ice machine by 2/26/26.

Observed multiple TCS raw and cooked food items stored without date marking information in the reach in cooler.

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.

Observed wet wiping cloths stored on food contact surfaces in between use.

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 accumulation of trash around dumpster areas. There was trash build up directly behind the back of the establishment as well.

511-6-1.06(5)(o),(p) - Using Drain Plugs; Maintaining Refuse Areas (C) (o) Using Drain Plugs. Drains in receptacles and waste handling units for refuse, recyclables, and returnables shall have drain plugs in place.

(p) Maintaining Refuse Areas and Enclosures. A storage area and enclosure for refuse, recyclables, or returnables shall be maintained free of unnecessary items and clean.

Observed dust accumulation on the walls and ceiling tiles in the main kitchen. Observed plastic peeling off the wall behind the stove and grill area.

Observed employee food and beverages stored with food items used for customer consumption. PIC was advised to create an area in the coolers to keep personal employee food items separated.

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.

Observed whole milks stored at a temperature above 41F. Manager discarded of items. 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

Observed quaternary ammonium sanitizer in 3-compartment sink above 400 ppm. 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 rusting on deflector of ice machine. 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:

(i) Before each use with a different type of raw animal food such as beef, fish, lamb, pork, or poultry. It does not apply if the food-contact surface or utensil is in contact with a succession of different types of raw meat and raw poultry each requiring a higher cooking temperature as specified under DPH Rule 511-6-1.04(5)(a) than the previous type such as preparing raw pork followed by cutting raw poultry on the same cutting board; P

(ii) Each time there is a change from working with raw foods to working with ready-to-eat foods; P

(iii) Between uses with raw fruits and vegetables and with Time/Temperature Control for safety food; P

(iv) Before using or storing a food temperature measuring device; P and

(v) At any time during the operation when contamination may have occurred. P

2. Except as specified in paragraph 3 of this subsection, if used with time/temperature control for safety food, equipment food-contact surfaces and utensils shall be cleaned at least every 4 hours throughout the day. P

3. Surfaces of utensils and equipment contacting time/temperature control for safety food may be cleaned less frequently than every 4 hours if:

(i) In storage, containers of time/temperature control for safety food and their contents are maintained at temperatures specified under DPH Rule 511-6-1-.04 and the containers are cleaned when they are empty;

(ii) Utensils and equipment are used to prepare food in a refrigerated room or area that is maintained at one of the temperatures in the following chart and:

(I) The utensils and equipment are cleaned at the frequency in the following chart that corresponds to the temperature:

Temperature Cleaning Frequency

41ºF (5.0ºC) or less 24 hours

41ºF - 45ºF (>5.0ºC - 7.2ºC) 20 hours

45ºF - 50ºF (>7.2ºC - 10.0ºC) 16 hours

50ºF - 55ºF (>10.0ºC - 12.8ºC) 10 hours

and

(II) The cleaning frequency based on the ambient temperature of the refrigerated room or area is documented in the food service establishment.

(iii) Temperature measuring devices are maintained in contact with food, such as when left in a container of deli food or in a roast, held at temperatures specified under DPH Rule 511-6-1- .04;

(iv) Equipment is used for storage of packaged or unpackaged food, such as a reach-in refrigerator, and the equipment is cleaned at a frequency necessary to preclude accumulation of soil residues;

(v) The cleaning schedule is approved based on consideration of:

(I) Characteristics of the equipment and its use,

(II) The type of food involved,

(III) The amount of food residue accumulation, and

(IV) The temperature at which the food is maintained during the operation and the potential for the rapid and progressive multiplication of pathogenic or toxigenic microorganisms that are capable of causing foodborne disease; or

(vi) In-use utensils are intermittently stored in a container of water in which the water is maintained at 135ºF (57ºC) or more and the utensils and container are cleaned at least every 24 hours or at a frequency necessary to preclude accumulation of soil residues.

4. Dining counters and table-tops shall be cleaned and sanitized routinely after removing all soiled tableware and food trays shall be cleaned and sanitized after each use by one of the following methods:

(i) A two step method in which one cloth, rinsed in sanitizing solution is used to clean food debris from the surface and a second cloth in separate sanitizing solution is used to rinse;

(ii) Sanitizing solution is sprayed onto the surface and the surface is then wiped clean with a disposable towel;

(iii) If used for cleaning and sanitizing, single-use disposable sanitizer wipes shall be used in accordance with EPA-registered label use instructions; or

(iv) Other methods approved by the Health Authority.

(v) Food trays may be cleaned and sanitized the same as table ware.

5. Except when dry cleaning methods are used as specified under subsection (7)(e) of this Rule, surfaces of utensils and equipment contacting food that is not time/temperature control for safety food shall be cleaned:

(i) At any time when contamination may have occurred;

(ii) At least every 24 hours for iced tea dispensers including nozzles and consumer self-service utensils such as tongs, scoops, or ladles;

(iii) Before restocking consumer self-service equipment and utensils such as condiment dispensers and display containers; and

(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.

Observed accumulation around outside dumpsters. 511-6-1.06(5)(o),(p) - Using Drain Plugs; Maintaining Refuse Areas (C) (o) Using Drain Plugs. Drains in receptacles and waste handling units for refuse, recyclables, and returnables shall have drain plugs in place.

(p) Maintaining Refuse Areas and Enclosures. A storage area and enclosure for refuse, recyclables, or returnables shall be maintained free of unnecessary items and clean.

Observed PIC using warewashing sink to wash hands. PIC was informed to remove the soap dispenser and discontinue use warewashing sink for hand washing.511-6-1-.03(5)(d) - Where to wash (Pf) (d) Where to Wash. Food employees shall clean their hands in a handwashing sink or approved automatic handwashing facility and may not clean their hands in a sink used for food preparation or warewashing, or in a service sink or curbed cleaning facility used for the disposal of mop water and similar liquid waste. Pf

Observed employee vitamin/ medicine stored on food prep surface. PIC removed item from area. 511-6-1.07(6)(o) - Medicines, Restriction & Storage (P, Pf) (o) Medicines, Restriction and Storage.

1. Except for medicines that are stored or displayed for retail sale, only those medicines that are necessary for the health of employees shall be allowed in a food service establishment. Pf

2. Medicines that are in a food service establishment for the employee’s use shall be labeled with a legible manufacturer’s label and located to prevent the contamination of food, equipment, utensils, linens, and single-service and single-use articles; and located so they are inaccessible to children. P

Observed several dead roaches in dry storage area. 511-6-1.07(5)(l) - Removing Dead or Trapped Birds, Insects, Rodents, and Other Pest (C) (l) Removing Dead or Trapped Birds, Insects, Rodents, and Other Pests. Dead or trapped birds, insects, rodents, and other pests shall be removed from control devices and the premises at a frequency that prevents their accumulation, decomposition, or the attraction of pests.

Observed utensils in prep-top cooler with handles not above container and food. PIC moved utensils. 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;

Observed handwashing sink beside food storage and prep area in need of a splash guard.

Observed facility with expired test strips.

Observed employee phone stored on food prep area.

Observed dirty dishes stored with rice and plastic wrap in the food prep area.

Observed exterior door (Backdoor) and restroom doors did not contain a self closure

Inspection report and current food permit was not properly posted. The current inspection report and food permit were both posted behind the counter.

Dumpster plug missing on the garbage dumpster. Excessive trash build up observed in the dumpster area. According to the PIC, the trash can caught on fire and the landlord has been notified. A warning notice was issued.

Observed team members not wearing hair restraints in the food preparation area

Wiping cloth buckets concentration did not meet the minimum strength requirements. PIC corrected on site

Inspection report not posted. Current inspection report was not posted in public view.

Dumpster plug missing on the garbage dumpster. Excessive trash build up observed in the dumpster area. According to the PIC, the trash can caught on fire and the landlord has been notified.

Observed TCS food being cold held at temperature above 41 degrees Fahrenheit. Observed shrimp, noodles and eggs above 41 degrees. Manager discarded food product.

Observed that there is no knowledge by food handlers as to what and when to report the symptoms and/or illnesses to the health authority.

2B.Observed employees drinking and eating in the food preparation area of the kitchen.

Paper towels/Hand drying devices not provided at hand wash sink in the kitchen. Manager corrected during the inspection.

Observed prepared TCS food not marked with the proper date of preparation or date for disposal. Ribs, steak, and pork slices not properly date marked in the reach in cooler. Staff placed improper dates on food product when I arrived at the location. Products that were cooked one to two days prior were dated January 2,2024 instead of February 2, 2024. Owner corrected during the inspection by placing the proper date on prepared products.

Quat sanitizer observed at over 500 PPM in the three-compartment sink. Sanitizer exceeded the maximum concentration strength. PIC drained sanitizer water. PIC and dishwasher were coached on utilizing and measuring the proper concentration and strength for Quat sanitizer.

Employee medication improperly stored in the food preparation area

Thermometers not provided in the reach in coolers

Wet wiping cloths not properly stored in sanitizer buckets in between use

Dumpster plug missing on the garbage dumpster. Excessive trash build up observed in the dumpster area.

6-1A. Observed TCS food being cold held at temperature above 41 degrees Fahrenheit. Manager discarded food product.

2-2D. Missing sanitary hand towels or hand drying provision at hand wash sink in the kitchen. Manager corrected during the inspection.

12B. Observed food employee with no hair restraint.

15A. Observed loosely fitted rubber gaskets on ice machine in disrepair.