CAPTAIN D's #3801

EHS observed moldy lemons in the walk-in cooler.

511-6-1.04(8)(a) - Discarding or Reconditioning Unsafe, Adulterated Food, or Contaminated Food(P) (8) Contaminated Food.

(a) Discarding or Reconditioning Unsafe, Adulterated, or Contaminated Food.

1. A food that is unsafe, adulterated, or not honestly presented shall be discarded or reconditioned according to an approved procedure. P

2. Food that is not from an approved source shall be discarded. P

3. Ready-to-eat food that may have been contaminated by an employee who has been restricted or excluded shall be discarded. P

4. Food that is contaminated by food employees, consumers, or other persons through contact with their hands, bodily discharges, such as nasal or oral discharges, or other means shall be discarded. P

C/A: PIC was informed that lemons need to be discarded immediately.

Observed mold-like substance on inside flap of bulk ice machine.

511-6-1.05(7)(b) - Food Contact Surfaces and Utensils - Cleaning Frequency (P, C) (b) Equipment Food-Contact Surfaces and Utensils.

(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.

C/A: Clean frequently to prevent accumulations.

EHS observed ice leakage from the condenser unit in the freezer in contact with stored food.

511-6-1.04(4)(i) - Storage or Display of Food in Contact with Water or Ice (C) (i) Storage or Display of Food in Contact with Water or Ice.

1. Packaged food may not be stored in direct contact with ice or water if the food is subject to the entry of water because of the nature of its packaging, wrapping, or container or positioning in the ice or water.

C/A: PIC was informed that ice leakage will need to be removed and monitored in the future to ensure it does not come into contact with the food.

EHS observed line cook not wearing hair restraint while working in kitchen.

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.

C/A: PIC was informed that workers must wear hair restraint such as a hairnet or ball cap when working in the kitchen.

EHS observed missing coving and cracked floor tiles throughout the main kitchen.

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.

C/A: PIC was informed that repairs need to made as soon as possible.

Observed debris on inside flap of bulk ice machine.

511-6-1.05(7)(b) - Food Contact Surfaces and Utensils - Cleaning Frequency (P, C) (b) Equipment Food-Contact Surfaces and Utensils.

(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.

C/A: Clean frequently to prevent accumulations.

Observed no handwashing signage in Men restroom.

511-6-1.07(3)(d) - Handwashing Signage (C) (d) Handwashing Signage. A sign or poster that notifies food employees to wash their hands shall be provided at all handwashing sinks used by food employees and shall be clearly visible to food employees.

Observed no sanitation solution in sanibucket. Explained to PIC. COS. 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 box of paper bags on the floor in the storage area. Explained to PIC. 511-6-1.04(4)(i) - Storage or Display of Food in Contact with Water or Ice (C) (i) Storage or Display of Food in Contact with Water or Ice.

1. Packaged food may not be stored in direct contact with ice or water if the food is subject to the entry of water because of the nature of its packaging, wrapping, or container or positioning in the ice or water.

C/A: Items frozen within condenser ice shall be discarded. Avoid storing food items beneath condenser unit without proper management of condensation and water drainage from unit.

Observed plastic pans wet stacked on the shelf. Explained to PIC. COS. 511-6-1.05(10)(a) - Equipment & Utensils, Air-Drying Required (C) (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; and

2. May not be cloth dried except that utensils that have been air-dried may be polished with cloths that are maintained clean and dry.

Observed Bulk ice machine due for cleaning. Pink buildup observed on ice flap.

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:

2. 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:

(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:

C/A: Clean frequently enough to prevent accumulations.

Observed Wall pulling away from Walk in cooler frame. Wall needs to be re secured to frame.

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.

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.

1. Observed cracked/missing tiles throughout kitchen and water damaged ceiling tiles in dining area and by restroom.
2. Observed missing coving.
3. Observed main kitchen tile floor in need of re-grouting.
4. Observed Office door base rotting.

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.

Observed wire shelf of reach in cooler next to fryer and next to door rusted and its cover seal peeling.

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.

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.

3. Cutting or piercing parts of can openers shall be kept sharp to minimize the creation of metal fragments that can contaminate food when the container is opened.

Corrective action: Spoke to PIC to have wire shelfs replaced.

Observed prep top cooler at main kitchen showing temperatures of 50 and above. Food within is under time temperature, but unit is not working properly.

511-6-1.05(6)(q)1&3 - Good Repair & Calibration (C) (q) Good Repair and Calibration.

1. Utensils shall be maintained in a state of repair or condition that complies with the requirements specified under subsections (1) and (2) of this Rule or shall be discarded.
2. Ambient air temperature, water pressure, and water temperature measuring devices shall be maintained in good repair and be accurate within the intended range of use.

Corrective action: Spoke to PIC, machine needs to be fixed or replaced.

Observed cracked and missing tile close to drain at main kitchen next to Hot holding unit.

511-6-1.07(2)(c) - Floor and Wall Junctures, Coved, & Enclosed or Sealed, water-flushed floors provided with drains & graded to drain (C) (c) Floor and Wall Junctures, Coved, and Enclosed or Sealed.

1. In food service establishments in which cleaning methods other than water flushing are used for cleaning floors, the floor and wall junctures shall be coved and closed to no larger than one thirty-second inch (1 mm).

2. The floors in food service establishments in which water flush cleaning methods are used shall be provided with drains and be graded to drain, and the floor and wall junctures shall be coved and sealed.

Corrective action: Spoke to PIC about having tiles repaired.

Observed pans of coleslaw with no label or date markings at walk in cooler.

511-6-1.04(7)(c) - Food Labels (Pf, C) (c) Food Labels.

1. Food packaged in a food service establishment, shall be labeled as specified in law, including 21 CFR 101- Food labeling, and 9 CFR 317 Labeling, marking devices, and containers.

2. Label information shall include:

(i) The common name of the food, or if there is no common name, an adequately descriptive identity statement;

(ii) If made from two or more ingredients, a list of ingredients and sub-ingredients in descending order of predominance by weight, including a declaration of artificial color or flavors and chemical preservatives, if contained in the food;

(iii) An accurate declaration of the net quantity of contents;

(iv) The name and place of business of the manufacturer, packer, or distributor; and

(v) The name of the food source for each major food allergen contained in the food unless the food source is already part of the common or usual name of the respective ingredient. Pf

(vi) Except as exempted in the Federal Food, Drug, and Cosmetic Act § 403(Q)(3) - (5), nutrition labeling as specified in 21 CFR 101 - Food Labeling and 9 CFR 317 Subpart B Nutrition Labeling.

(vii) For any salmonid fish containing canthaxanthin or astaxanthin as a color additive, the labeling of the bulk fish container, including a list of ingredients, displayed on the retail container or by other written means, such as a counter card, that discloses the use of canthaxanthin or astaxanthin.

3. Bulk food that is available for consumer self-dispensing shall be prominently labeled with the following information in plain view of the consumer:

(i) The manufacturer's or processor's label that was provided with the food; or

(ii) A card, sign, or other method of notification that includes the information specified under paragraphs 2(i), (ii), and (vi) of this subsection.

4. Bulk, unpackaged foods such as bakery products and unpackaged foods that are portioned to consumer specification need not be labeled if:

(i) A health, nutrient content, or other claim is not made;

(ii) There are no state or local laws requiring labeling; and

(iii) The food is manufactured or prepared on the premises of the food service establishment or at another food service establishment or a food processing plant that is owned by the same person and is regulated by the food regulatory agency that has jurisdiction.

Corrective action: Spoke to PIC to have date marking on all items. PIC mentioned they were made at 10 am today.

Observed reach in freezer with foods inside partially frozen. After speaking to PIC, shipment of food was brought and walk in freezer was kept open for an extended period of time at 12pm the temperature gauge showed temperatures of 50F (food was still partially frozen). At 1pm temperature gauge shows 25F and ambient temperature is 20F and dropping.

511-6-1.04(6)(a) - Frozen Food (C) (6) Limiting the Growth of Pathogens

(a) Frozen Food. Stored frozen foods shall be maintained frozen.

Corrective action: Spoke to PIC, to prevent the walk in freezer from being left open for too long to prevent the possibility of affecting the quality of the food as it thaws and then re-freezes and possible growth of pathogens.

Observed wire shelf of reach in cooler next to fryer and next to door rusted and its cover seal peeling.

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.

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.

3. Cutting or piercing parts of can openers shall be kept sharp to minimize the creation of metal fragments that can contaminate food when the container is opened.

Corrective action: Spoke to PIC to have wire shelfs replaced.

Observed cracked and missing tile close to drain at main kitchen next to Hot holding unit.

511-6-1.07(2)(c) - Floor and Wall Junctures, Coved, & Enclosed or Sealed, water-flushed floors provided with drains & graded to drain (C) (c) Floor and Wall Junctures, Coved, and Enclosed or Sealed.

1. In food service establishments in which cleaning methods other than water flushing are used for cleaning floors, the floor and wall junctures shall be coved and closed to no larger than one thirty-second inch (1 mm).

2. The floors in food service establishments in which water flush cleaning methods are used shall be provided with drains and be graded to drain, and the floor and wall junctures shall be coved and sealed.

Corrective action: Spoke to PIC about having tiles repaired.

Observed food debris struck in between tiles across main kitchen.

511-6-1.07(2)(c) - Floor and Wall Junctures, Coved, & Enclosed or Sealed, water-flushed floors provided with drains & graded to drain (C) (c) Floor and Wall Junctures, Coved, and Enclosed or Sealed.

1. In food service establishments in which cleaning methods other than water flushing are used for cleaning floors, the floor and wall junctures shall be coved and closed to no larger than one thirty-second inch (1 mm).

2. The floors in food service establishments in which water flush cleaning methods are used shall be provided with drains and be graded to drain, and the floor and wall junctures shall be coved and sealed.

Corrective action: Spoke to PIC about having areas cleaned of the debris and having the floor regrouted or coved.

Observed accumulation of food debris within reach in freezer on the floor under the wire shelfs.

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.

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.

3. If present, playground equipment and associated areas shall be maintained in a clean and sanitary condition. In addition, a cleaning and sanitizing plan along with cleaning and sanitizing records for playground equipment and associated areas shall be maintained within the food service establishment for review upon request by the Health Authority. Further, such cleaning and sanitizing plan for employees to follow in the event of encountering vomitus or fecal matter shall be included and submitted at the time of permit application as specified in DPH Rule 511-6-1-.02(1)(c). Pf

Corrective action: Spoke to PIC about having areas free of food debris.

Observed box containing 2 bags of Coleslaw cabbage mix with use by date of 01/03/24.

511-6-1.04(8)(b) - Expired Foods (P) (b) Expired Foods. Prepackaged sandwiches, eggs, infant formula, shucked oysters, milk, and time/temperature control safety foods that are labeled as “keep refrigerated” and that are for sale or service to the consumer or used as an ingredient in other foods shall be immediately discarded and shall not be sold, served, or used after the manufacturer’s expiration date or the sell-by date. P

C/A: Items are to be discarded. Monitor dates on all food items. Discard items in accordance to their manufacturer use by dates.

Observed box of shrimp stored in walk in freezer under the condenser frozen within a block of ice from unit.

511-6-1.04(4)(i) - Storage or Display of Food in Contact with Water or Ice (C) (i) Storage or Display of Food in Contact with Water or Ice.

1. Packaged food may not be stored in direct contact with ice or water if the food is subject to the entry of water because of the nature of its packaging, wrapping, or container or positioning in the ice or water.

C/A: Items frozen within condenser ice shall be discarded. Avoid storing food items beneath condenser unit without proper management of condensation and water drainage from unit.

Observed Cracked/ missing Floor tiles and floor coving in main kitchen by Hot holding equipment, hand sink and in dry storage area. Also observed need for floor tiles to be rerouted.

11-6-1.07(2)(c) - Floor and Wall Junctures, Coved, & Enclosed or Sealed, water-flushed floors provided with drains & graded to drain (C) (c) Floor and Wall Junctures, Coved, and Enclosed or Sealed.

1. In food service establishments in which cleaning methods other than water flushing are used for cleaning floors, the floor and wall junctures shall be coved and closed to no larger than one thirty-second inch (1 mm).

2. The floors in food service establishments in which water flush cleaning methods are used shall be provided with drains and be graded to drain, and the floor and wall junctures shall be coved and sealed.

C/A: All physical facilities shall be maintained in good repair.

Observed door framing with water damage. Door frame is beginning to deteriorate/ rot.

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.

C/A: Repair/seal door frame to prevent the rot from spreading.

Observed debri build up within nozzles in the soda machine at front cashier area.

511-6-1.05(7)(a)1 - Equipment, Food-Contact Surfaces,& Utensils (Pf) (7) Cleaning of Equipment and Utensils.

(a) Equipment, Food-Contact Surfaces, and Utensils.

1. Equipment food-contact surfaces and utensils shall be clean to sight and touch. Pf.

Corrective action: Spoke to PIC about having nozzles clean at higher frequency.

Observed temperature of cheese and lettuce at 45F at reach in cooler within kitchen (prep top with cutting board attachment).

511-6-1.05(6)(q)1&3 - Good Repair & Calibration (C) (q) Good Repair and Calibration.

1. Utensils shall be maintained in a state of repair or condition that complies with the requirements specified under subsections (1) and (2) of this Rule or shall be discarded.
2. Ambient air temperature, water pressure, and water temperature measuring devices shall be maintained in good repair and be accurate within the intended range of use.

Corrective action: Spoke to PIC about having machine re-calibrated. Food within cooler had just been switch at 1:00pm had it all placed in the walk in cooler.

Observed walk in cooler ambient temperature of 53F and items within unit at temperatures between 52F - 58F (see comments for individual items within unit).

Spoke with PIC, PIC account of the unit is that the food within unit was showing temperatures of 41F the morning of the inspection. Online report from 8am today showed checked marked as fine and 10 am report was unfinished showed one temperature of coleslaw at 41F (PIC stated that coleslaw was inside walk in cooler). Reasons for the unit to be out of temperature was due to ice build up within unit and employees leaving the unit open causing the unit to drop temperature and taking time to come back up.

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

Corrective action:

Several items within walk in cooler were discarded. -Cupped items that needed to be kept refrigerated (tartar sauce, mustard and sour sauce) -Lettuce and cabbage -meats, fish and crab -opened bags of food (cheese, meat)

Items not discarded: -uncooked rice -onion bags (sealed) -potatoes -shredded cheese bag (sealed) -whole corn -marinara sauce -bacon

Observed prep top cooler ambient temperature showing 46F and items within showing temperatures between 47 - 50F (see comments for list 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

Corrective action: Items within cooler were discarded, while unit is opened regularly the lettuce was showing signs of browning.

Observed stuffed crabs stored beneath air unit leaking condensation in Walk in Cooler.

511-6-1.04(4)(i) - Storage or Display of Food in Contact with Water or Ice (C) (i) Storage or Display of Food in Contact with Water or Ice.

1. Packaged food may not be stored in direct contact with ice or water if the food is subject to the entry of water because of the nature of its packaging, wrapping, or container or positioning in the ice or water.

2. Except as specified in paragraphs 3 and 4 of this subsection, unpackaged food may not be stored in direct contact with undrained ice.

3. Whole, raw fruits or vegetables; cut, raw vegetables such as celery or carrot sticks or cut potatoes; and tofu may be immersed in ice or water.

4. Raw poultry and raw fish that are received immersed in ice in shipping containers may remain in that condition while in storage awaiting preparation, display, service, or sale.

Corrective action: Food discarded as part of being out of temperature:

Observed ambient temperature of walk in Cooler at 53F at 12:40F.

511-6-1.05(6)(q)1&3 - Good Repair & Calibration (C) (q) Good Repair and Calibration.

1. Utensils shall be maintained in a state of repair or condition that complies with the requirements specified under subsections (1) and (2) of this Rule or shall be discarded.
2. Ambient air temperature, water pressure, and water temperature measuring devices shall be maintained in good repair and be accurate within the intended range of use.

Corrective action: Build up of ice behind unit was removed by PIC around 1:40pm, once that occurred and the unit was kept closed the unit went down to 41F at 2:50. Spoke to PIC about having unit serviced so that this build up of ice does not re-occur.