(Windsor Hotel) Rosemary & Thymes / Floyds Pub

Observed certain items in the reach in coolers stored uncovered. Except as specified under paragraph 2. of this subsection and when cooling as specified in DPH Rule 511-6-1-.04(6)(e)2.(ii), storing the food in packages, covered containers, or wrappings, except for loosely covered or uncovered containers in which food is being cooled if protected from overhead contamination;

Observed facility utilizing reduced oxygen packaging with no variance or HACCP Plan, and not meeting the Reduced Oxygen Packaging Without a Variance and no HACCP Plan Required, Criteria. Reduced Oxygen Packaging Without a Variance But HACCP Plan Required, Criteria.

1. Except for a food service establishment that obtains a variance as specified under (j) of this Rule, a food service establishment that packages time/temperature control for safety food using a reduced oxygen packaging method shall control the growth and toxin formation of Clostridium botulinum and the growth of Listeria monocytogenes. P

2. Except as specified under subsection 6(l) of this rule, a food service establishment that packages time/temperature control for safety food using a reduced oxygen packaging method shall implement a HACCP plan that contains the information specified under DPH Rule 511-5-14-.02(8)(a) through (g) and that: Pf

(i) Identifies the food to be packaged; Pf

(ii) Except as specified under paragraphs 3 through 5 of this subsection, requires that the packaged food shall be maintained at 41°F (5°C) or less and meet at least one of the following criteria: Pf

(I) Has an aw of 0.91 or less, Pf

(II) Has a pH of 4.6 or less, Pf

(III) Is a meat or poultry product cured at a food processing plant regulated by the USDA using substances specified in 9 CFR 424.21, Use of food ingredients and sources of radiation, and is received in an intact package, Pf or

(IV) Is a food with a high level of competing organisms such as raw meat, raw poultry, or raw vegetables; Pf

(iii) Describes how the package shall be prominently and conspicuously labeled on the principal display panel in bold type on a contrasting background, with instructions to: Pf

(I) Maintain the food at 41°F (5°C) or below, Pf and

(II) Discard the food if within 30 calendar days of its packaging if it is not served for on-premises consumption, or consumed if served or sold for off-premises consumption; Pf

(iv) Limits the refrigerated shelf life to no more than 30 calendar days from packaging to consumption, except the time the product is maintained frozen, or the original manufacturer’s “sell by” or “use by” date, whichever occurs first; P

(v) Includes operational procedures that:

(I) Prohibit contacting ready-to-eat food with bare hands, Pf

(II) Identify a designated work area and the method by which: Pf

(A) Physical barriers or methods of separation of raw foods and ready-to-eat foods minimize cross contamination, Pf and

(B) Access to the processing equipment is limited to responsible trained personnel familiar with the potential hazards of the operation, Pf and

(III) Delineate cleaning and sanitization procedures for food-contact surfaces; Pf and

(vi) Describes the training program that ensures that the individual responsible for the reduced oxygen packaging operation understands the: Pf

(I) Concepts required for a safe operation, Pf

(II) Equipment and facilities, Pf and

(III) Procedures specified under paragraph 2(v) of this subsection and DPH Rule 511-6-1-.02(6)(b) and (d). Pf

3. Except for fish that is frozen before, during, and after packaging and bears a label indicating that is to be kept frozen until time of use, a food service establishment may not package fish using a reduced oxygen packaging method.P

4. Except as specified under paragraph 3 of this subsection and subsection (l) of this Rule, a food service establishment that packages food using a cook-chill or sous vide process shall:

(i) Prior to implementation, provide a HACCP plan that contains the information as specified under DPH Rule 511-6-1-.02(8)(a)through(g) to the Health Authority; Pf

(ii) Ensure the food is:

(I) Prepared and consumed on the premises, or prepared and consumed off the premises but within the same business entity with no distribution or sale of the bagged product to another business entity or the consumer, Pf

(II) Cooked to heat all parts of the food to a temperature and for a time as specified under DPH Rule 511-6-1-.04(5)(a), P (III) Protected from contamination before and after cooking as specified within DPH Rule 511-6-1-.04 (4) and (5) of this Rule, P

(IV) Placed in a package with an oxygen barrier and sealed before cooking, or placed in a package and sealed immediately after cooking and before reaching a temperature below 135°F (57°C), P

(V) Cooled to 41°F (5°C) in the sealed package or bag as specified under DPH Rule 511-6-1-.04 (6) (d) of this Rule and subsequently: P

(A) Cooled to 34°F (1°C) within 48 hours of reaching 41°F (5°C) and held at that temperature until consumed or discarded within 30 days after the date of packaging;P or

(B) Held at 41°F (5°C) or less for no more than 7 days, at which time the food must be consumed or discarded;P or

(C) Cooled to 34°F (1°C) within 48 hours of reaching 41°F (5°C), removed from refrigeration equipment that maintains a 34°F (1°C) food temperature and then held at 41°F (5°C) or less for no more than 7 days, not to exceed 30 days from its date of packaging, at which time the food must be consumed or discarded; P or

(D) Held frozen with no shelf life restriction while frozen until consumed or used.P

(VI) Held in a refrigeration unit that is equipped with an electronic system that continuously monitors time and temperature and is visually examined for proper operation twice daily, Pf

(VII) If transported off-site to a satellite location of the same business entity, equipped with verifiable electronic monitoring devices to ensure that times and temperatures are monitored during transportation, Pf and

(VIII) Labeled with the product name and the date packaged, Pf and

(iii) Maintain the records required to confirm that cooling and cold holding refrigeration time/temperature parameters are required as part of the HACCP plan for at least six months and, make such records available to the Health Authority upon request, Pf

(iv) Implement written operational procedures as specified under paragraph 2(v) of this subsection and a training program as specified under paragraph 2(vi) of this subsection. Pf

5. Except as specified under subsection (l) below, a food service establishment that packages cheese using a reduced oxygen packaging method shall:

(i) Limit the cheeses packaged to those that are commercially manufactured in a food processing plant with no ingredients added in the food service establishment and that meet the Standards of Identity as specified in 21 CFR 133.150 Hard cheeses, 21 CFR 133.169 pasteurized process cheese or 21 CFR 133.187 Semisoft Cheeses;P

(ii) Have a HACCP plan that contains the information specified under DPH Rule 511-6-1-.02(8)(a) through (g) and as specified under paragraphs 2(i), (iii)(I), (v), and (vi) of this subsection;Pf

(iii) Labels the package on the principal display panel with a “use by” date that does not exceed 30 days from its packaging or the original manufacturer’s “sell by” or “use by” date, whichever occurs first; Pf and

(v) Discards the reduced oxygen packaged cheese if it is not sold for off-premises consumption or consumed within 30 calendar days of its packaging. Pf

Observed bulk containers of salt and sugar stored outside of their original containers unlabeled. Also observed a TCS Dip unlabeled in the walk in cooler. Food packaged in a food service establishment, that is not provided by a foodservice employee upon consumer request, 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), (v) 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.

Observed a blackish residue in the nozzles of the beverage dispenser and along the chute of the ice machine. Food contact surfaces shall be clean to sight and touch. COS:PIC had employee adequately clean the nozzles and the chute of the ice machine.

Observed no verifiable written procedures or verbal recitation of employee health policy. 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 activities as they relate to diseases that transmissible through food.

Observed person in charge does not have a written policy for employee health or able to verbally relay. Based on the risk of food borne illness inherent to the food service operation, during inspections and upon request, the person in charge shall demonstrate to the Health Authority knowledge of foodborne disease prevention, application of the Hazard Analysis Critical Control Point principles and the requirements of this Chapter. The person in charge shall demonstrate this knowledge by ( a) compliance with the chapter or (b) certified food safety manager (c) correct answers to food safety questions , (2) Explaining the responsibility of the person in charge for preventing the transmission of food borne disease by a food employee who has a disease or medical condition that may cause food borne disease, (3) Describing the symptoms associated with the diseases that transmissible through food , (17) Explaining how the person in charge food employees, and conditional employees comply with reporting responsibilities and exclusion or restriction of food employees.

Observed vomiting and diarrheal event procedures not present for review. A food establishment shall have procedures for employees to follow when responding to vomiting or fecal matter onto surfaces in the food service establishment.

Hand washing equipment not in good repair. Physical facilities must be maintained and in good repair.