Steve Miller D.B.A. Little Brother's Bistro

Facility was utilizing time as a public health control, but had no written procedures or records retained for the designated items at the time of inspection. Informed the PIC to have these procedures completed asap. Time as a Public Health Control.

1. Except as specified under paragraph 4 of this subsection, if time without temperature control is used as the public health control for a working supply of time/temperature control for safety food before cooking, or for ready-to-eat time/temperature control for safety food that is displayed or held for sale or service, written procedures shall be prepared in advance, maintained in the food service establishment, and made available to the regulatory authority upon request that specify: Pf

(i) Methods of compliance with paragraphs 2(i) - (iv) or 3(i) through (v) of this subsection; and

(ii) Methods of compliance with the cooling of time/temperature control for safety food that is prepared, cooked, and refrigerated before time is used as a public health control. Pf

2. If time without temperature control is used as the public health control up to a maximum of 4 hours:

(i) Except as specified in paragraph 2.(ii) of this subsection, the food shall have an initial temperature of 41°F (5°C) or less when removed from cold holding temperature control, or 135°F (57°C) or greater when removed from hot holding temperature control;P

(ii) The food may have an initial temperature of 70°F (21°C) or less if;

(I) It is a ready-to-eat fruit or vegetable that upon cutting is rendered a time/temperature control for safety food, or

(II) It is a ready-to-eat hermetically sealed food that upon opening is rendered a time/temperature control for safety food,

(III) The food temperature does not exceed 70°F (21°C) within a maximum time period of 4 hours from the time it was rendered a time/temperature control for safety food; and

(IV) The food is marked or otherwise identified to indicate the time that is 4 hours past the point in time when the food is rendered a time/temperature control for safety food as specified in paragraph 2.(ii)(I) and (II).

(iii) The food shall be marked or otherwise identified to indicate the time that is 4 hours past the point in time when the food is removed from temperature control;Pf

(iv) The food shall be cooked and served, served at any temperature if ready-to-eat, or discarded, within 4 hours from the point in time when the food is removed from temperature control;P and

(v) The food in unmarked containers or packages, or marked to exceed a 4-hour limit shall be discarded.P

3. If time without temperature control is used as the public health control up to a maximum of 6 hours:

(i) The food shall have an initial temperature of 41°F (5°C) or less when removed from temperature control and the food temperature may not exceed 70°F (21°C) within a maximum time period of 6 hours; P

(ii) The food shall be monitored to ensure the warmest portion of the food does not exceed 70°F (21°C) during the 6-hour period, unless an ambient air temperature is maintained that ensures the food does not exceed 70°F (21°C) during the 6-hour holding period; Pf

(iii) The food shall be marked or otherwise identified to indicate: Pf

(I) The time when the food is removed from 41°F (5°C) or less cold holding temperature control, Pf and

(II) The time that is 6 hours past the point in time when the food is removed from cold holding temperature control;

(iv) The food shall be:

(I) Discarded if the temperature of the food exceeds 70°F (21°C), P or

(II) Cooked and served, served at any temperature if ready-to-eat, or discarded within a maximum of 6 hours from the point in time when the food is removed from 41°F (5°C) or less cold holding temperature control; P and

(v) The food in unmarked containers or packages, or marked with a time that exceeds the 6-hour limit shall be discarded. P

4. A food service establishment that serves a highly susceptible population may not use time as the public health control for raw eggs.

Observed no CFSM documentation posted in the facility. The original CFSM certificate shall be posted in public view in each food service establishment. An additional copy shall be retained on file at the food service establishment at all times, and shall be made available for inspection by the Health Authority.

2. A CFSM certificate which has expired, been revoked or suspended shall not be posted in the food service establishment.

3. All licenses, certificates, diplomas, or other similar credentials issued or granted to an owner or operator who has successfully completed an approved or accredited food safety certification course and exam shall expire on the expiration date determined by the credentialing organization. Within ninety days of the expiration of the CFSM certificate, the CFSM shall enroll in an approved food safety training course, pass an approved exam and obtain a new certificate.

4. The certification is not transferable between persons.

Observed prepared TCS items in the reach in cooler that had no date marking identification. 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 minimal handwashing during the time of inspection. Observed employees not washing their hands and changing their gloves when switching between tasks. (c) When to Wash.

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 products or electronic devices that simulate tobacco smoking, 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

Observed Multiple TCS items (Shredded cheese, sandwich ingredients, greek dressing) under no temperature regulation onsite. (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 PIC not maintaining the level of responsibility required. No CFSM, and minimal handwashing was all observed during the time of the inspection. d) Employee Handwashing. Employees are effectively cleaning their hands, by routinely monitoring the employees’ handwashing; Pf (o) Reporting Responsibilities. 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;Pf

Observed the CFSM documentation posted expired 07/10/2023. A CFSM certificate which has expired, been revoked or suspended shall not be posted in the food service establishment. CA: Facility shall enroll an eligible employee in an approved course within 10 calendar days after the day of inspection.

Observed Dishes in the handwashing sink upon arrival. Employee removed the dishes from the handwashing sink. 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 the CFSM documentation posted expired 07/10/2023. A CFSM certificate which has expired, been revoked or suspended shall not be posted in the food service establishment. CA: Facility shall enroll an eligible employee in an approved course within 10 calendar days after the day of inspection.