LA County Public Health - Environmental Health

HOLDING OF PHF – MULTIPLE ITEMS OR SERVINGS (MAJOR)

This subcategory shall be marked OUT of compliance for improper holding when food is found within the specified temperature range of 50°F - 130°F.

Examples:

· Multiple servings of PHF in hot-holding units held in the range of 50°F - 130°F

· Liquid pasteurized eggs on cook’s line held in the range of 50°F - 130°F exceeding 2 hour preparation time

· PHF found in the range of 50°F - 130°F exceeding 2 hour preparation time

· PHF found in the range of 50°F - 130°F exceeding 30 minute transport to the facility

· PHF found in the range of 50°F - 130°F exceeding 2 hour thaw time

· PHF found in the range of 50°F - 130°F with improper utilization of Time as a Public Health

Control (TPHC), for examples:

o Lacking time marking

o Exceeding the four hour time marking

o Missing written procedures on previously cooled foods

N/A This subcategory shall be marked N/A when the food facility does not hold hot or cold food.

N/O This subcategory shall be marked N/O when the food facility does hot hold or cold hold foods, but no foods are being held hot or cold during the time of inspection.

COS This subcategory shall be marked COS to indicate the violation has been corrected and verified prior to the completion of the inspection. The actual corrective actions taken for each violation shall be documented in the inspection report. The violation shall be marked and points shall be deducted. A reinspection date may be scheduled to confirm continued compliance.

CORRECTIVE ACTION:

If a violation is found as a result of improper holding, the following Food Temperature Holding Chart will be utilized to determine the corrective action.

Time in Temp. Danger Zone (TDZ)	FOOD TEMPERATURE HOLDING CHART
Time in Temp. Danger Zone (TDZ)	45°F or below	46°F to 49°F	50°F to 130°F	131°F to 134°F
0-2 hrs.	Cool to 41°F	Immediately cool PHF to 41°F or below within 2 hours	PHF must be disposed	Reheat to 165°F within 2 hours or cool to 41°F in 2 hours
2-3 hrs.	Cool to 41°F or below within 2 hours	Immediately cool PHF to 41°F or below within 1 hour	PHF must be disposed
3+ hrs.	Cool to 41°F or below within 1 hour	PHF must be disposed

Additional Violations:

When faulty equipment causes PHF to be in the Temperature Danger Zone (TDZ), subcategory #47 shall also be marked
When improper thawing method causes PHF to be in the TDZ, subcategory #36 shall also be marked

Exceptions:

Improper holding of unpasteurized pooled shelled eggs shall be marked ONLY in subcategory #2
Improper holding of unpasteurized shell eggs shall be marked ONLY in subcategory #20
When time / temperature parameters for cooling have been exceeded, the violation shall be marked ONLY in subcategory #5
Subcategory #18,19, 20, or 21 shall NOT be marked when subcategory #1 is marked

Training Provided:

Training shall be provided as required and subcategory #92 shall be marked

Sections 113996, 113998, 114000

Potentially hazardous foods shall be held at or below 41°F / 45°F, or at or above 135°F. If it is necessary to remove potentially hazardous food from the specified holding temperatures to facilitate preparation, this preparation shall in no case exceed two cumulative hours without a return to the specified holding temperatures. The following foods can be held between 41°F and 45°F: raw shell eggs; unshucked live molluscan shellfish; food held in serving lines and salad bars during periods not to exceed 12 hours in any 24-hour period; pasteurized milk and pasteurized milk products in sealed original containers; and PHF held during transportation not exceeding 30 minutes.

HOLDING OF UNPASTEURIZED POOLED SHELLED EGGS

This subcategory shall be marked OUT of compliance if pooled shelled eggs are found in the Temperature Danger Zone and are not being used within the 2 hour limit for food preparation.

Example:

Pooled unpasteurized shelled eggs being held in the range of 42°F – 134°F

N/A This subcategory shall be marked N/A when the food facility does not hold pooled shelled eggs.

N/O This subcategory shall be marked N/O when no pooled shelled eggs are observed during the time of inspection.

COS This subcategory shall be marked COS to indicate the violation has been corrected and verified prior to the completion of the inspection. The actual corrective actions taken for each violation shall be documented in the inspection report. The violation shall be marked and points shall be deducted. A reinspection date may be scheduled to confirm continued compliance.

CORRECTIVE ACTION: See subcategory #1

Additional violation:

When faulty equipment causes pooled, unpasteurized shelled eggs to be in the temperature danger zone, subcategory #47 shall also be marked

Exceptions:

Violations involving pasteurized liquid eggs shall be marked ONLY in subcategory #1, #18, or #19

· Subcategory #18, 19, 20, or 21 shall NOT be marked when subcategory #2 is marked

Training provided:

Training shall be provided as required and subcategory #92 shall be marked

Sections 113996, 113998, 114000

Potentially hazardous foods shall be held at or below 41°F or at or above 135°F. If it is necessary to remove potentially hazardous food from the specified holding temperatures to facilitate preparation, this preparation shall in no case exceed two cumulative hours without a return to the specified holding temperatures.

COOKING

This subcategory shall be marked OUT of compliance if the food temperatures verified do not meet the temperature requirements for cooking prior to serving.

Example:

Cooking process did not meet required cooking temperatures (e.g., stuffed turkey, meatloaf)

N/A This subcategory shall be marked N/A when no raw animal foods are cooked in the food facility.

N/O This subcategory shall be marked N/O when no raw animal foods are in the cooking process during the time of inspection.

COS This subcategory shall be marked COS to indicate the violation has been corrected and verified prior to the completion of the inspection. The actual corrective actions taken for each violation shall be documented in the inspection report. The violation shall be marked and points shall be deducted. A reinspection date may be scheduled to confirm continued compliance.

CORRECTIVE ACTION:

If required cooking temperatures are not met, EHS should have the operator continue cooking the food until the proper temperature is reached. Additionally, the EHS should explain the public health significance of inadequate cooking to management and food employees.

Additional Violation:

· When a food facility intentionally undercooks meat or eggs, and fails to disclose that fact, subcategory #34 shall also be marked

Training Provided:

Training shall be provided as required and subcategory #90 shall be marked

Sections 114004, 114008, 114010, 114093

All ready-to-eat foods prepared at a food facility from raw or incompletely cooked food of animal origin shall be cooked to heat all parts of the food to a temperature and for a time that complies with the following methods based on the food that is cooked:

Heated to a minimum internal temperature of 135°F or above for 15 seconds:

Fruits and vegetables that are cooked for hot holding

Heated to a minimum internal temperature of 145°F or above for 15 seconds :

Raw shell eggs that are broken and prepared in response to a consumers’ order and for immediate service
Fish, single pieces of meat, including beef, veal, lamb, pork, and game animals from approved sources

Heated to a minimum internal temperature of 155°F for 15 seconds or the temperature specified in the chart as indicated in Section 114004a:

Ratites (ostrich, emu, rhea) and injected meats
Comminuted meat or any food containing comminuted meat
Raw eggs and foods containing raw eggs that are not prepared in response to consumers’ request for immediate service

Heated to a minimum internal temperature of 165°F for 15 seconds:

Poultry, comminuted poultry
Stuffed fish, stuffed meat, stuffed poultry, stuffed ratites, stuffed pasta
Stuffing containing fish, meat, poultry, or ratites

REHEATING

This subcategory shall be marked OUT of compliance if the food products tested have not been reheated to the required temperatures.

Examples:

Previously cooked and cooled stew being reheated for hot holding did not reach minimum internal temperature of 165°F for 15 seconds within 2 hours

Commercially processed ready-to-eat foods being reheated for hot holding did not reach a minimum internal temperature of 135°F

N/A This subcategory shall be marked N/A when foods are not reheated for hot holding in the food

facility.

N/O This subcategory shall be marked N/O when foods are normally reheated but are not being reheated during the time of inspection.

COS This subcategory shall be marked COS to indicate the violation has been corrected and verified prior to the completion of the inspection. The actual corrective actions taken for each violation shall be documented in the inspection report. The violation shall be marked and points shall be deducted. A reinspection date may be scheduled to confirm continued compliance.

CORRECTIVE ACTION:

If a violation is found, the foods may be voluntarily discarded, impounded, or heated to the proper temperature as determined by the EHS.

Additional Violation:

If a reheating violation occurs as a result of improper use of equipment, subcategory #50 shall also be marked.

Exceptions:

Subcategory #18, 19, 20, or 21 shall NOT be marked when subcategory #4 is marked
If improper equipment has been used for reheating but has not resulted in a temperature violation, ONLY subcategory #50 shall be marked and training provided

Training Provided:

Training shall be provided as required and subcategory #94 shall be marked

Section 114016

Any PHF cooked, cooled and reheated for hot holding shall be heated to a minimum of 165°F for at least 15 seconds.

Ready-to-eat food taken from a commercially processed, from an intact package, from a food processing plant shall be heated to a temperature of at least 135°F for hot holding
Reheating for hot holding shall be done rapidly, and the time the food is between 41°F and 165°F shall not exceed two hours

COOLING (MAJOR)

This subcategory shall be marked OUT of compliance if food products are not being cooled according to time temperature requirements. Discussions with the person in charge along with observations should be used to determine compliance.

Examples:

Pot of beans found at 90°F cooling for greater than 2 hours using approved or unapproved method
Pot roast found at 60°F cooling for greater than 6 hours using approved or unapproved method

N/A This subcategory shall be marked N/A when the food facility does not receive raw eggs, shellstock, or milk, and does not prepare PHF from ambient temperature ingredients that require subsequent cooling.

N/O This subcategory shall be marked N/O when the food facility does cool PHF, but proper cooling per the prescribed temperature and time parameters cannot be determined during the inspection. In this case, the EHS should inquire about the cooling methods used by the food facility to ensure proper procedures are used.

COS This subcategory shall be marked COS to indicate the violation has been corrected and verified prior to the completion of the inspection. The actual corrective actions taken for each violation shall be documented in the inspection report. The violation shall be marked and points shall be deducted. A reinspection date may be scheduled to confirm continued compliance.

CORRECTIVE ACTION:

The corrective actions shall depend on the time / temperature parameters while food is in the cooling process:

If the method of cooling is unapproved and the temperature of the potentially hazardous food does not fall within the time / temperature parameters, subcategory #5 shall be marked and the food shall be disposed
If the method of cooling is approved, yet the temperature of the potentially hazardous food does not fall within the time / temperature parameters, subcategory #5 shall be marked and the food shall be disposed

Additional Violation:

When faulty equipment results in a cooling violation, subcategory #47 shall also be marked

Exceptions:

If the method of cooling is unapproved yet the temperature of the potentially hazardous food falls within the time / temperature parameters, subcategory #21 shall be marked, but the food shall not be disposed. The operator shall be given the opportunity to apply the proper cooling method. If the food cannot be properly cooled within the specified time frame, disposal shall be required.
Subcategory #18,19, 20 or 21 shall NOT be marked when subcategory #5 is marked

Training Provided:

Training shall be provided as required and subcategory #91 shall be marked

Section 114002

All potentially hazardous foods shall be rapidly cooled in accordance with the required time and temperature criteria method, 135°F - 70°F, within 2 hours and then 70°F - 41°F within 4 hours by using one or more of the following methods based on the type of food being cooled: placing the food in shallow pans, using rapid cooling equipment; using containers that facilitate heat transfer; adding ice as an ingredient and / or using ice paddles; inserting appropriately designed containers in an ice bath and stirring frequently and in accordance with an HACCP plan adopted pursuant to this part.

DISEASE TRANSMISSION – CARRIER / WOUND / RASH (MAJOR)

This subcategory shall be marked OUT of compliance for any of the following:

Examples:

Lesion / open wound on hand of food employee
Food employee with an open sore on hand with only a bandage covering wound

REPORTING

When the Person In Charge (PIC) is aware of a food employee who has been diagnosed with an “illness” as listed in Section 113949 and has not notified the enforcement agency
When the PIC is aware of a reportable illness or aware that two or more food employees are concurrently experiencing symptoms associated with an acute gastrointestinal illness and has not reported this illness to the local enforcement agency

RESTRICTIONS & EXCLUSIONS

When the PIC has not excluded a food employee as required
When the PIC has been made aware of a food employee who is suffering from an acute gastrointestinal illness and has not restricted the food employee

REMOVAL OF RESTRICTIONS & EXCLUSIONS

When the PIC removes a restriction of a food employee before resolution of symptoms of acute gastrointestinal illness
When the PIC removes exclusion of food employee prior to receiving clearance

POTENTIAL DISEASE TRANSMISSION

Food employee is experiencing persistent sneezing, coughing or runny nose that is associated with discharges from the eyes, nose or mouth that cannot be controlled by medication and the employee is working with exposed food, clean equipment, clean utensils or clean linen
A food employee with a persistent runny nose requiring frequent wiping

Do Not Mark this subcategory N/A or N/O.

COS This subcategory shall be marked COS to indicate the violation has been corrected and verified prior to the completion of the inspection. The actual corrective actions taken for each violation shall be documented in the inspection report. The violation shall be marked and points shall be deducted. A reinspection date may be scheduled to confirm continued compliance.

CORRECTIVE ACTION:

If a food employee is found working when diagnosed with an illness, the food employee shall be excluded from the food facility until the local enforcement agency removes the exclusion.

If a food employee is found working with symptoms of an acute gastrointestinal illness, the food employee shall be restricted from working with exposed food; clean equipment, utensils and linen, and unwrapped single-service and single-use articles.

If a food employee is found working with an exposed lesion, wound or has cuts, sores or rashes, the food employee shall be required to wear an impermeable cover such as a finger cot or stall that protects the lesion and a single-use glove over the impermeable cover.

NOTE: A food employee is required to report to the PIC when he / she has been diagnosed with an “illness” or has an open lesion on the hands, wrists or exposed portion of the arms.

Additional Violations:

· When food contact surfaces are observed to be contaminated by an ill or injured food employee, subcategory #16 shall also be marked

· When non-food contact surfaces are observed to be contaminated by an ill or injured food employee, subcategory #48 shall also be marked

Exceptions:

· When food is observed to be contaminated by an ill or injured food employee, subcategory #10 shall NOT be marked, but the food shall be disposed.

Sections 113949, 113950

Employees with a communicable disease shall be excluded from the food facility / preparation of food. If an employee has a lesion or wound that is open or draining on the hands or wrists, an impermeable cover and a single-use glove must be worn over the impermeable cover.

HANDWASHING – EMPLOYEE DID NOT WASH HANDS / NO SUPPLIES

(APPLICABLE TO FOOD HANDLING FACILITIES ONLY)

This subcategory shall be marked OUT of compliance for the following:

Examples:

A food employee that handled food, equipment, utensils, linen or tableware and did not wash their hands after using the toilet
A food employee preparing raw chicken fails to wash their hands prior to handling clean tableware or ready-to-eat food
A food employee did not wash their hands after eating or drinking and resumes preparing food
A food employee is observed having dirty hands and nails
A food employee rinses hands at handwash sink without the use of soap and / or towels
Hands are not cleaned prior to use of hand sanitizer
Gloves are not used correctly; or used for more than one task where handwashing would normally be required
When approved single service soap and / or paper towels are not available on the premises and are not provided by the end of inspection (CLOSURE) subcategory #98 shall also be marked

N/A Do Not mark this subcategory N/A.

N/O This subcategory shall be marked N/O for retail operations only in the RARE case when there are no food employees present at the time of inspection.

COS This subcategory shall be marked COS to indicate the violation has been corrected and verified prior to the completion of the inspection. The actual corrective actions taken for each violation shall be documented in the inspection report. The violation shall be marked and points shall be deducted. A reinspection date may be scheduled to confirm continued compliance.

CORRECTIVE ACTION:

The food employee shall wash their hands and portion of arms as required.

Additional Violation:

When the soap and towel dispenser is damaged, missing, or unapproved supplies are observed, subcategory #40 shall also be marked

Exceptions:

Lack of handwashing supplies on the premises of pre-packaged food facility shall be marked ONLY in subcategory #40.
When food is observed to be contaminated by the failure of an employee to wash their hands, subcategory #10 shall NOT be marked, but food shall be disposed.
When soap or paper towels are not available on the premises but are provided by the end of inspection, ONLY subcategory #40 shall be marked.
Food employee observed washing hands less than 10 seconds shall be marked ONLY in subcategory #40.

Training Provided:

Training shall be provided as required and subcategory #88 shall be marked

Sections 113952, 113953

Employees shall thoroughly wash their hands and that portion, if any, of their arms exposed in direct food contact with soap and warm water for at least 10–15 seconds and thoroughly rinsing with clean running water followed by drying: before engaging in food preparation; after touching bare human body parts; after using the toilet room; after coughing, sneezing, eating or drinking; during food preparation; as often as necessary to remove soil and contamination and to prevent cross-contamination when changing tasks; when switching between working with raw food and ready-to-eat food; and before donning gloves for working with food.

SEWAGE DISPOSAL SYSTEM (MAJOR)

(THIS SUBCATEGORY SHALL BE MARKED IF A FACILITY’S PERMIT IS SUSPENDED DUE TO

SEWAGE)

This subcategory shall be marked OUT of compliance if liquid waste is not disposed of through the approved plumbing system or does not discharge into the public sewer system or an approved private disposal system which poses an imminent health hazard to the public.

Examples:

· Overflowing grease trap has contaminated floors throughout food preparation area (CLOSURE) ; subcategory #98 shall also be marked

· Floor drains / sinks are overflowing onto floors in the food preparation area (CLOSURE) subcategory #98 shall also be marked>

· Sewage overflow contaminates the utensil area, food preparation area, or storage area (CLOSURE) subcategory #98 shall also be marked

Do Not Mark this subcategory N/A, N/O, or COS.

CORRECTIVE ACTION:

A food facility shall not operate if there is sewage overflowing or backing up in the food facility or there are no operable toilets available for food employees. The food facility shall cease operation in the impacted areas of the food facility immediately. The food facility, or impacted areas, shall remain closed until all plumbing problems have been corrected and all contaminated surfaces cleaned and sanitized. Any contaminated food product shall be disposed.

In the event that the overflow from the facility is occurring outside, the source of the discharge must immediately cease. All food preparation must cease and the facility must close until the connection to approved sewage disposal has been repaired.

Additional Violations:

· Sewage observed on floors shall also be marked in subcategory #55

· Sewage observed on food contact surface shall also be marked in subcategory #16

· Sewage observed on non-food contact surface shall also be marked in subcategory #48

Exceptions:

A clogged floor sink or floor drain that is not overflowing shall be marked ONLY in subcategory #61
A drain line from walk-in-refrigerator drains only outside of facility shall be marked ONLY in subcategory #61

Section 114197

Liquid waste shall be disposed of through the approved plumbing system and shall discharge into the public sewerage or into an approved private sewage disposal system.

TOILETS – NO OPERABLE TOILETS

(THIS SUBCATEGORY SHALL BE MARKED FOR CLOSURE DUE TO LACK OF TOILET FACILITIES)

This subcategory shall be marked OUT of compliance when a facility has no operable toilets available.

Examples:

· No toilets available for food facility employees (CLOSURE) subcategory #98 shall also be marked

· Toilet facilities have been removed, or facilities are completely inaccessible (CLOSURE) subcategory #98 shall also be marked

· The only toilet facilities within a food court are inoperable or inaccessible (CLOSURE) subcategory #98 shall also be marked

· Facility is unable to provide toilet tissue by the end of the inspection (Mandatory Office Hearing Required)

Do Not Mark this subcategory N/A, N/O, or COS.

CORRECTIVE ACTION:

Exception:

When one toilet is clogged, but other toilets are operable, ONLY subcategory #67 shall be marked.
If toilet tissue is provided by the end of the inspection, ONLY subcategory #67 shall be marked

Sections 114250, 114276

A permanent food facility shall provide clean toilet facilities in good repair for use by employees.

ADULTERATED FOOD (MAJOR)

This subcategory shall be marked OUT of compliance when food products are adulterated and pose an imminent health hazard.

Examples:

· Sulfites added to potentially hazardous food or fresh fruits / vegetables for raw consumption

· A foreign object is found in food product (e.g., glass, band-aid)

· Rodent, cockroach, or fly-contaminated food products

· Rain water is observed leaking from ceiling and dripping onto food

· Refrigerator condensate leaking into open pan of ready-to-eat food

· Re-using a chemical container for food storage

· Washing hands over defrosting meat

· Unapproved wet storage of shellfish

· Gulf oysters harvested during the months of April through October are found for sale and verification of treatment is not available.

· Co-mingling of shellfish or premixing shellfish

· Deviation from HACCP Plan or approved Variance posing increased risk to health or safety

Do Not Mark this subcategory N/A or N/O.

COS This subcategory shall be marked COS to indicate the violation has been corrected and verified prior to the completion of the inspection. The actual corrective actions taken for each violation shall be documented in the inspection report. The violation shall be marked and points shall be deducted. A reinspection date may be scheduled to confirm continued compliance.

CORRECTIVE ACTION:

If food is found to be contaminated or adulterated it shall be voluntarily discarded or impounded until a decision is made by the local health agency. In addition, the EHS should ensure that management and employees are aware of the risk of serving contaminated or adulterated food.

Additional Violations:

· Problems with refrigerator condensate shall also be marked in subcategory #47 or #61, as appropriate

· Storing food in unapproved containers shall also be marked in subcategory #50

· Deviation from HACCP Plan shall also be marked in subcategory #85

· Deviation from approved Variance shall also be marked in subcategory #86

Exceptions:

· Food adulterated by food infesting insects shall be marked ONLY in subcategory #37

· Subcategory #37 shall NOT be marked when subcategory #10 is marked

· Ready-to-eat food contaminated by raw food due to a failure to sanitize the cutting board, as required, shall be marked ONLY in subcategory #16

Sections 113980, 113988, 114254, Title 17 – CCR

All food shall be manufactured, produced, prepared, compounded, packed, stored, transported, kept for sale, and served so as to be pure and free from adulteration and spoilage. Sale of untreated Gulf oysters is prohibited between the dates of April 1^st and October 31^st.

HIGHLY SUSCEPTIBLE POPULATIONS

This subcategory shall be marked OUT of compliance when food products are found to contain prohibited foods.

Examples:

Unpasteurized juices (e.g., fresh squeezed orange juice) served at a school cafeteria
School serving hamburgers medium rare
Raw seed sprouts served at a senior feeding site
Licensed health care facility found re-serving open packaged food

N/A This subcategory shall be marked N/A if prohibited food is not served or sold.

N/O Do Not Mark this subcategory N/O.

COS This subcategory shall be marked COS to indicate the violation has been corrected and verified prior to the completion of the inspection. The actual corrective actions taken for each violation shall be documented in the inspection report. The violation shall be marked and points shall be deducted. A reinspection date may be scheduled to confirm continued compliance.

CORRECTIVE ACTION:

If prohibited food is found being served in a public or private school or licensed health care facilities, the food shall be removed from sale or service. EHS should ensure that food facility management and employees are aware of the risks associated with serving or selling prohibited foods to highly susceptible populations.

Section 114091

Public and private schools and licensed health care facilities shall not serve unpasteurized juices; unpasteurized fluid and dry milk and milk products; unpasteurized liquid, frozen, dry or shell egg products, or raw seed sprouts.

UNAPPROVED SOURCE – PHF (MAJOR)

This subcategory shall be marked OUT of compliance if potentially hazardous food is obtained from a source that does not comply with all applicable laws.

Examples:

Tags / labels unavailable for container of shellfish stock
Tamales made with pork that were prepared in a private home found for sale
Food facility unable to provide shellfish stock tags / labels verifying origin of shellfish for sale
A game animal listed in 50 C.F.R. 17 Endangered and Threatened Wildlife and Plants is shown on restaurant menu
Prepackaged, liquid unpasteurized egg products are found for sale in the local market
No cooking equipment on the premises, food is prepared at home

N/A This subcategory shall be marked N/A if the food facility doe not serve or sell PHF

Do Not Mark this subcategory N/O.

COS This subcategory shall be marked COS to indicate the violation has been corrected and verified prior to the completion of the inspection. The actual corrective actions taken for each violation shall be documented in the inspection report. The violation shall be marked and points shall be deducted. A reinspection date may be scheduled to confirm continued compliance.

CORRECTIVE ACTION:

Food from unapproved, unsafe, or otherwise unverifiable sources shall be impounded until appropriate documentation is provided or voluntarily discarded. In addition, the EHS should ensure that management and employees are aware of the risk of serving or selling food from unapproved sources.

Additional Violation:

Missing invoices shall also be marked in subcategory #76
If certification tags are not present with the shellstock and are not maintained on file for 90 days, subcategory #42 shall also be marked
If NON-PHF from unapproved source are observed in addition to PHF from unapproved source, subcategory #28 shall also be marked

NOTE: When invoice copies are missing (unable to verify origin of product) an Office Hearing shall be issued and ONLY subcategory #76 shall be marked. Subcategory #12 shall ONLY be marked if origin of product cannot be verified at Office Hearing

Sections 114021, 114024, 114029, 114039

Food shall be obtained from a source that complies with all applicable laws. Foods prepared in private homes may not be used or offered for sale in a food facility. Liquid, frozen and dry egg products, frozen milk products and ice cream shall be obtained pasteurized. Molluscan shellfish shall be obtained from approved sources.

RODENTS (MAJOR)

(THIS SUBCATEGORY SHALL BE MARKED ONLY IF A FACILITY’S PERMIT IS SUSPENDED DUE TO RODENTS)

This subcategory shall be marked OUT of compliance and a public health permit shall be suspended when one or more of the signs indicating an active infestation.

Examples:

· Fresh droppings, gnaw marks, nesting, grease marks, live or dead rodents in the food preparation, food storage, warewashing areas, or in the restroom (CLOSURE) subcategory #98 shall also be marked

Do Not Mark this subcategory N/A, N/O, or COS.

CORRECTIVE ACTION:

If a vermin infestation is observed at a food facility, the permit shall be suspended and the food facility closed for a minimum of 48 hours. The permit shall be reinstated and the food facility allowed to resume operation only upon verification of complete abatement of the vermin infestation, and appropriate cleaning & sanitizing of all affected areas has been completed. Professional pest control should be utilized to prevent future reoccurrence of a vermin infestation.

Additional Violations:

· If food is contaminated by rodents, subcategory #10 shall also be marked

· Food-contact surfaces that are contaminated by rodents shall also be marked in subcategory #16

· Non-food contact surfaces that are contaminated by rodents shall also be marked in subcategory #48

· Rodent-proofing, in conjunction with an active infestation shall also be marked in subcategory #59

Exception:

Rodent-proofing problems with no evidence of an active infestation shall be marked in subcategory #56

Sections 113939, 114259

A food facility shall at all times be constructed, equipped, maintained, and operated as to prevent the entrance and harborage of animals, birds, and vermin, including, but not limited to, rodents and insects.

COCKROACHES (MAJOR)

(THIS SUBCATEGORY SHALL ONLY BE MARKED IF A FACILITY ’S PERMIT IS SUSPENDED DUE TO COCKROACHES)

This subcategory shall be marked OUT of compliance and the public health permit shall be suspended when one or more signs indicating an active infestation.

Example:

· One or more live cockroaches are observed in the food preparation, food storage, warewashing areas, customer area, or restrooms (CLOSURE) subcategory #98 shall also be marked

Do Not Mark this subcategory N/A, N/O, or COS.

CORRECTIVE ACTION:

Additional Violations:

· When food is contaminated by cockroaches, subcategory #10 shall also be marked

· When cockroaches have contaminated food contact surfaces subcategory #16 shall also be marked

· When cockroaches have contaminated non-food contact surfaces subcategory #48 shall also be marked

Exception:

· Evidence of cockroaches, but no active infestation shall be marked in subcategory #57

Sections 113939, 114259

FLIES (MAJOR)

(THIS SUBCATEGORY SHALL ONLY BE MARKED IF A FACILITY’S PERMIT IS SUSPENDED DUE TO FLIES, but does not include fruit flies)

This subcategory shall be marked OUT of compliance and the public health permit shall be suspended when an active fly infestation is observed in a food facility that would pose an imminent hazard to the public’s health and safety.

Examples:

· Flies contacting food and / or food contact surfaces (CLOSURE) subcategory #98 shall also be marked

· Numerous flies in food preparation area (CLOSURE) subcategory #98 shall also be marked

Do Not Mark this subcategory N/A, N/O, or COS.

CORRECTIVE ACTION:

If a vermin infestation is observed at a food facility, the permit shall be suspended and the food facility closed. The permit shall be reinstated and the food facility allowed to resume operation only upon verification of complete abatement of the vermin infestation, and appropriate cleaning & sanitizing of all affected areas has been completed. Professional pest control should be utilized to prevent future reoccurrence of a vermin infestation.

Additional Violations:

· When food is observed to be contaminated by flies, subcategory #10 shall also be marked

· Inoperable or lack of fly-exclusion device when required at delivery door, shall also be marked in subcategory #59

· When flies have contaminated food contact surfaces, subcategory #16 shall also be marked

· When flies have contaminated non-food contact surfaces, subcategory #48 shall also be marked

Exceptions:

· When the quantity of flies observed is considered a low risk to the public’s health and safety and the permit is NOT suspended, subcategory #58 shall be marked

Fruit flies shall be marked in subcategory #58

Sections 113939, 114259

CLEANING AND SANITIZING – FOOD CONTACT SURFACE (MAJOR)

This subcategory shall be marked OUT of compliance when any of the following conditions are observed: the lack of cleaning or sanitizing food contact surfaces; the absence of sanitizing solution during the active warewashing process; or the inability to heat sanitize during mechanical warewashing. If there is no sanitizer or other means of sanitizing on the premises, the EHS shall require that sanitizer be obtained and available for use as required or the facility’s permit may be suspended.

Examples:

· Dirty shelf in refrigeration unit with direct food contact

· No detectible sanitizer is observed during mechanical warewashing

· Employee observed washing multi-service utensils without using a sanitizer, while supplies are available on premises

· No means for sanitizing multi-service utensils (e.g., mechanical, manual) (CLOSURE) subcategory #98 shall also be marked

· Food-contact surfaces observed not clean

· Warewashing sink is missing, inoperable, clogged

N/A This subcategory shall be marked N/A only when there are no food-contact surfaces to clean and sanitize such as when only prepackaged foods are sold.

N/O This subcategory shall be marked N/O if there are no cleaning and sanitizing operations taking place at the time of inspection. However, the EHS should ask how food contact surfaces are cleaned and sanitized to ensure they are using appropriate methods when the EHS is not there.

COS This subcategory shall be marked COS to indicate the violation has been corrected and verified prior to the completion of the inspection. The actual corrective actions taken for each violation shall be documented in the inspection report. The violation shall be marked and points shall be deducted. A reinspection date may be scheduled to confirm continued compliance.

CORRECTIVE ACTION:

A food facility that prepares food shall not be operating if there is no method to properly clean and sanitize equipment or utensils. The food facility shall cease operation immediately. The food facility shall remain closed until a method to clean and sanitize equipment or utensils is provided.

If a food facility is found operating with gross contamination of food-contact surfaces that may result in the contamination of food products, the EHS shall suspend the permit to operate until the food facility is able to properly clean and sanitize equipment or utensils. The EHS shall require that all equipment and utensils be cleaned and sanitized prior to reinstating the permit.

Additional Violations:

· If water temperature measured is <110°F throughout facility, subcategory #17 shall also be marked

· If rodents / cockroaches are observed, subcategory #13, #14, #56, or #57 shall also be marked as appropriate

Exception:

· If an improper method or low sanitizer concentration is observed, ONLY subcategory #52 shall be marked

· If sanitizer is not available at the facility, but is obtained by the end of the inspection, ONLY subcategory #52 shall be marked, as long as active warewashing is not observed

· A warewashing sink fully operational, but in disrepair or unapproved, shall be marked ONLY in subcategory #60

Training Provided:

Training shall be provided as required and subcategory #87 shall be marked

Sections 114097, 114099, 114115, 114117

Equipment food contact surfaces, utensils, and multi-service utensils shall be cleaned by one of the following means: 1) Manual washing using a three-compartment sink: washing in hot water with cleanser; rinsing in clean hot water; rinsing in final sanitizing solution or 2) Mechanical washing, followed by a hot water or chemical sanitizing rinse. All utensils and equipment shall be clean. Food-contact surfaces and utensils shall be cleaned and sanitized each time there is a change in process between different raw animal products, produce, and read-to-eat foods, and at least every 4 hours based on the temperature of the room.

NO WATER / NO HOT WATER – FOOD PREPARATION FACILITY (MAJOR)

(THIS SUBCATEGORY WILL BE MARKED FOR CLOSURE DUE TO LACK OF AN ADEQUATE, PRESSURIZED, PROTECTED SOURCE OF POTABLE WATER OR THE LACK OF HOT WATER THROUGHOUT A FACILITY AT THE TIME OF INSPECTION - WATER BELOW 110°F)

*SEE NOTE*

This subcategory shall be marked OUT of compliance if a facility is involved with food preparation or uses multi-service utensils, and lacks water OR hot water of at least 110°F.

Examples:

· No water available throughout the facility (CLOSURE) subcategory #98 shall also be marked

· Water is measured <110°F throughout the food facility (CLOSURE) subcategory #98 shall also be marked

· Water temperature is measured <110°F throughout the facility, however it is restored between 110-119°F by the end of the inspection, facility shall be given 24 hours to correct the violation.

· Manual warewashing sink (1^st compartment) water temperature below 100°F (Unless specified by manufacturer’s instruction label)

· Delicatessen inside a food market retail has water at less than 110°F (discontinue operation of delicatessen)

Do Not Mark this subcategory N/A, N/O

COS This subcategory shall be marked COS to indicate the water temperature has been restored to a minimum of 120°F prior to the completion of the inspection. The actual corrective actions taken for each violation shall be documented in the inspection report. The violation shall be marked and points shall be deducted. A reinspection date may be scheduled to confirm continued compliance.

CORRECTIVE ACTION:

A food facility that prepares food shall not operate if there is no water, no hot water (below 110°F) or the water supply is contaminated. The food facility shall cease operation immediately. The food facility shall remain closed until water, hot water or potable water is restored. If found operating, the EHS shall suspend the permit to operate until water, hot water or a potable supply of water is available. The EHS shall ensure that any food items prepared using nonpotable water are disposed of and ice machines are cleaned and sanitized.

If there is no hot water (below 110°F) available to the entire facility and this cannot be immediately corrected (relighting a pilot light for example) then food preparation must cease. If only prepackaged food is handled, the operation may be allowed to continue, (not to exceed 24 hours) in order to repair or install a new water heater.

In the event of a disaster or when a local emergency has been declared and water will be unavailable for an extended period of time, prepackaged food products may be allowed to be handled until potable water service is restored provided bottled water is utilized for handwashing in the toilet rooms.

Exceptions:

· Food facilities that have a water supply between 110°F and 119°F and use a chemical sanitizer for multi-service shall have 24 hours to restore hot water and shall be marked ONLY in subcategory #62

· A pre-packaged food facility with no hot water or a pre-packaged food facility with only a handwash sink that does not have warm water of at least 100°F, shall be marked ONLY in subcategory #62 and shall be given 24 hours to correct the violation

· Warewashing solution between 100 – 110°F shall be marked ONLY in subcategory #62

NOTE: A retail food market may have multiple departments operating within the facility under one public health permit, (e.g., delicatessen, meat market or bakery). If one of the departments is found to be lacking potable or hot water, that department must discontinue operation until water is restored. In this case, subcategory #17 shall be marked, however the public health permit may not be suspended.

Section 114192, 114195

An adequate, protected, pressurized, potable supply of hot water and cold water shall be provided at all times. Hot water shall be supplied at a minimum temperature of at least 120°F measured from the faucet, unless otherwise specified. The water supply shall be from a water system approved by the EHS or the local enforcement agency.

HOLDING OF PHF – MULTIPLE ITEMS OR SERVINGS (MINOR)

This subcategory shall be marked OUT of compliance when food temperature violations are the result of improper holding and are found within the specified temperature range of 42°F / 46°F – 49°F or 131°F-134°F.

Examples:

· Multiple PHF items or servings holding in the range of 131°F – 134°F in steam table

· Multiple PHF items or servings holding in the range of 42°F / 46°F – 49°F in refrigeration unit

· Multiple PHF items or servings held at room temperature exceeding two hours preparation time in the range of 42°F - 49°F or 131°F - 134°F

N/A This subcategory shall be marked N/A when the food facility does not hold hot or cold food.

N/O This subcategory shall be marked N/O when the food facility does hot hold or cold hold foods, but no foods are being held hot or cold during the time of inspection.

COS This subcategory shall be marked COS to indicate the violation has been corrected and verified prior to the completion of the inspection. The actual corrective actions taken for each violation shall be documented in the inspection report. The violation shall be marked and points shall be deducted. A reinspection date may be scheduled to confirm continued compliance.

Additional Violations:

· Problems with equipment that cause PHF to be in the Temperature Danger Zone shall also be marked in subcategory #47

· When improper thawing causes PHF to be in the Temperature Danger Zone, subcategory #36 shall also be marked

Exception:

Subcategory #18 shall NOT be marked when any of subcategories #1 - #5 are marked

Training Provided:

· Training shall be provided as required and subcategory #92 shall be marked

Sections 113996, 113998, 114000

Potentially hazardous foods shall be held at or below 41°F/ 45°F or at or above 135°F. If it is necessary to remove potentially hazardous food from the specified holding temperatures to facilitate preparation, this preparation shall in no case exceed two cumulative hours without a return to the specified holding temperatures. The following foods can be held between 41°F and 45°F: raw shell eggs, unshucked live molluscan shellfish, food held in serving lines and salad bars during periods not to exceed 12 hours in any 24-hour period; pasteurized milk and pasteurized milk products in sealed original containers; and PHF held during transportation not exceeding 30 minutes.

HOLDING OF PHF – SINGLE SERVING (MINOR)

This subcategory shall be marked OUT of compliance when a single serving of food is found in the temperature danger zone of 42° / 46°F – 134°F.

Example:

· A single serving of PHF is found in the range of 42°F / 46°F - 134°F while hot or cold holding

N/A This subcategory shall be marked N/A when the food facility does not hold hot or cold food.

N/O This subcategory shall be marked N/O when the food facility does hot hold or cold hold foods, but no foods are being held hot or cold during the time of inspection.

COS This subcategory shall be marked COS to indicate the violation has been corrected and verified prior to the completion of the inspection. The actual corrective actions taken for each violation shall be documented in the inspection report. The violation shall be marked and points shall be deducted. A reinspection date may be scheduled to confirm continued compliance.

Additional Violation:

· Problems with equipment that cause PHF to be in the Temperature Danger Zone shall also be marked in subcategory #47

Exceptions:

Subcategory #19 shall NOT be marked when any of subcategories #1 - #5 are marked

Training Provided:

· Training shall be provided as required and subcategory #92 shall be marked

Sections 113996, 113998, 114000

Potentially hazardous foods shall be held at or below 41°/ 45° F or at or above 135° F. If it is necessary to remove potentially hazardous food from the specified holding temperatures to facilitate preparation, this preparation shall in no case exceed two cumulative hours without a return to the specified holding temperatures. The following foods can be held between 41° F and 45° F: raw shell eggs, unshucked live molluscan shellfish, food held in serving lines and salad bars during periods not to exceed 12 hours in any 24-hour period; pasteurized milk and pasteurized milk products in sealed original containers; and PHF held during transportation not exceeding 30 minutes.

HOLDING OF UNPASTEURIZED RAW SHELL EGGS

This subcategory shall be marked OUT of compliance for the improper storage of raw shell eggs.

Examples:

· Previously refrigerated raw shell eggs stored at 46°F - 134°F

Raw shell eggs held at room temperature past two hours for preparation at the grill line

N/A This subcategory shall be marked N/A when the food facility does not have raw shell eggs.

N/O This subcategory shall be marked N/O when the food facility usually sells eggs or products that contain eggs but has no raw shell eggs at time of inspection.

COS This subcategory shall be marked COS to indicate the violation has been corrected and verified prior to the completion of the inspection. The actual corrective actions taken for each violation shall be documented in the inspection report. The violation shall be marked and points shall be deducted. A reinspection date may be scheduled to confirm continued compliance.

Additional Violation:

Problems with equipment that cause raw shell eggs to be in the Temperature Danger Zone shall also be marked in subcategory #47

Exception:

Subcategory #20 shall NOT be marked when any of subcategories #1 - #5 are marked

Sections 113996, 113998, 114000

Potentially hazardous foods shall be held at or below 41°/ 45° F or at or above 135° F. If it is necessary to remove potentially hazardous food from the specified holding temperatures to facilitate preparation, this preparation shall in no case exceed two cumulative hours without a return to the specified holding temperatures. The following foods can be held between 41° F and 45° F: raw shell eggs, unshucked live molluscan shellfish, food held in serving lines and salad bars during periods not to exceed 12 hours in any 24-hour period, pasteurized milk and pasteurized milk products in sealed original containers and PHF held during transportation not exceeding 30 minutes.

COOLING – IMPROPER METHOD (MINOR)

This subcategory shall be marked OUT of compliance for utilizing an improper method of rapid cooling within time / temperature parameters.

Example:

Food in large pot / container cooling in refrigerator, but still within time / temperature parameters

N/A This subcategory shall be marked N/A when the food facility does not receive or cool PHF.

N/O This subcategory shall be marked N/O when the food facility does cool PHF food, but proper cooling per the prescribed temperature and time parameters cannot be determined during the inspection. In this case, the EHS should inquire about the cooling methods used by the food facility to ensure proper procedures are used.

COS This subcategory shall be marked COS to indicate the violation has been corrected and verified prior to the completion of the inspection. The actual corrective actions taken for each violation shall be documented in the inspection report. The violation shall be marked and points shall be deducted. A reinspection date may be scheduled to confirm continued compliance.

Exception:

Subcategory #21 shall NOT be marked when any of subcategories #1 - #5 are marked

Training Provided:

· Training shall be provided as required, and subcategory # 91 shall be marked

Section 114002

IMPROPERLY COVERED / LABELED / ELEVATED

This subcategory shall be marked OUT of compliance for violations involving food storage methods where food is exposed to splash, dust, vermin or other forms of contamination or adulteration; food is not stored at least 6 inches above the floor surface; and / or unlabeled working containers of stored foods.

Examples:

· Uncovered containers of food observed in the walk in refrigerator subject to overhead contamination

· Food covered with cloth towel stored in the refrigerator

· Double-stacking food inside the refrigerator without adequate protection of the food product

· Food in containers that are not water proof / rodent proof stored on the floor

· Food stored in an unapproved area (e.g. outside, cargo containers, toilet room or locker room, etc.)

· Working food containers missing labels that identify the food by common name in English (except food that can be easily identified)

Do Not Mark this subcategory N/A or N/O.

COS This subcategory shall be marked COS to indicate the violation has been corrected and verified prior to the completion of the inspection. The actual corrective actions taken for each violation shall be documented in the inspection report. The violation shall be marked and points shall be deducted. A reinspection date may be scheduled to confirm continued compliance.

Additional Violation:

· Unapproved containers or scoops shall also be marked in subcategory #50

Exceptions:

· Unprotected ready-to-eat food stored below raw meat / poultry / fish / eggs shall be marked ONLY in subcategory #23

· Food adulterated / contaminated due to improper storage shall be marked ONLY in subcategory #10

Sections 114047, 114049, 114051-55, 114185

Adequate and suitable space shall be provided for the storage of food. Food shall be covered and stored as to be protected and kept free from contamination. Food shall be stored in approved containers and labeled as to contents. Food shall be stored at least 6” above the floor.

RAW OR READY-TO-EAT FOOD – EXPOSED TO POSSIBLE CONTAMINATION FROM RAW MEATS / POULTRY / FISH / EGGS

This subcategory shall be marked OUT of compliance for violations that would expose ready-to-eat food to possible cross-contamination from raw meat, poultry, fish, or eggs during preparation, storage or display.

Examples:

· Open raw beef stored in direct contact with open raw chicken

· Uncovered raw chicken stored above exposed raw or cooked ready-to-eat food

· Open carton of raw shell eggs stored adjacent to uncovered apple pie

N/A This subcategory shall be marked N/A if the food facility ONLY serves or sells ready to eat food

Do Not Mark this subcategory N/O.

COS This subcategory shall be marked COS to indicate the violation has been corrected and verified prior to the completion of the inspection. The actual corrective actions taken for each violation shall be documented in the inspection report. The violation shall be marked and points shall be deducted. A reinspection date may be scheduled to confirm continued compliance.

Exception:

Foods adulterated / contaminated from raw meat, poultry, fish or eggs shall be marked ONLY in subcategory #10

NOTE: It is recommended that all raw meats / poultry / fish / eggs be stored below / away from ready-to-eat foods.

Section 113986

Food shall be protected from cross-contamination.

FOOD NOT PROTECTED FROM CONSUMER

This subcategory shall be marked OUT of compliance for violations involving food display methods or the failure to protect food from consumers.

Examples:

· Food displayed without a sneeze guard or the sneeze guard is inadequate to protect food

· Consumer enters / exits / passes through a food preparation area that does not meet the separation requirements

· Unsecured ice machine in a customer hallway

· Open storage of non-prepackaged or ready-to-eat food that is accessible to consumers

Do Not Mark this subcategory N/A or N/O.

COS This subcategory shall be marked COS to indicate the violation has been corrected and verified prior to the completion of the inspection. The actual corrective actions taken for each violation shall be documented in the inspection report. The violation shall be marked and points shall be deducted. A reinspection date may be scheduled to confirm continued compliance.

Exception:

Customer self service machine with unapproved lever-type dispenser (e.g., soda machine), shall be marked ONLY in subcategory #50

Sections 113984, 114060

Unpackaged food shall be displayed, shielded, and dispensed in a manner that protects the food from contamination.

BACKFLOW / BACK SIPHONAGE

This subcategory shall be marked OUT of compliance for violations involving cross connections.

Examples:

· A hose attached to any outlet fixture, that extends or may extend below the flood level rim of a sink or container without an approved backflow prevention device

· A missing or damaged atmospheric vacuum breaker on a garbage grinder or mechanical ware washer

· A shut-off valve located downstream from an atmospheric vacuum breaker

Do Not Mark this subcategory N/A or N/O.

COS This subcategory shall be marked COS to indicate the violation has been corrected and verified prior to the completion of the inspection. The actual corrective actions taken for each violation shall be documented in the inspection report. The violation shall be marked and points shall be deducted. A reinspection date may be scheduled to confirm continued compliance.

Exception:

Lack of an air gap for equipment drain lines shall be marked ONLY in subcategory #61

Section 114192, 114193

The potable water supply shall be protected with backflow or back siphonage protection devices, required by applicable plumbing codes.

CRITICAL SINK / FIXTURE (HANDWASHING / MOP SINK / FOOD PREPARATION) – MISSING / INOPERABLE / INACCESSIBLE

This subcategory shall be marked OUT of compliance when a critical sink (e.g., handwashing, mop sink or food preparation sink) is observed to be missing; inoperable; clogged; no cold or hot water.

Examples:

· The handwashing or food preparation sink is blocked by an item not easily moveable, or items are stored on top of the sink, rendering it inaccessible

· The required handwash / mop sink / food preparation sink has been removed

· No water / water measured <90°F at a critical handwashing sink

· No water / water measured <110°F at a critical mop / food preparation sink

Do Not Mark this subcategory N/A or N/O.

COS This subcategory shall be marked COS to indicate the violation has been corrected and verified prior to the completion of the inspection. The actual corrective actions taken for each violation shall be documented in the inspection report. The violation shall be marked and points shall be deducted. A reinspection date may be scheduled to confirm continued compliance.

Exceptions:

· Water measured <110°F throughout the food facility shall be marked in subcategory #17

· A missing, inoperable, or inaccessible warewashing sink shall be marked ONLY in subcategory #16

· An unapproved or damaged sink that is fully operational shall be marked ONLY in subcategory #60

· A retail food market which has multiple departments operating within the facility under one public health permit, (e.g., delicatessen, meat market or bakery), and one of the departments is found to be lacking potable or hot water. That department must discontinue operation until water is restored and subcategory #17 shall be marked.

· Water temperature measured is between 110-119°F at a critical food preparation or mop sink, or 90-99°F at a critical handwash sink, shall be marked in subcategory #62.

· No water / water temperature measured is <110°F at a non critical food preparation / mop sink, or <90°F at a non critical handwash sink, shall be marked in subcategory #62

NOTE: To determine if a sink is a critical sink, there must be no other sink available, within a reasonable distance, which can be utilized for the same purpose.

Sections 113953, 114163, 114190, 114279

Handwashing facilities shall be sufficient in number and conveniently located so as to be accessible at all times for use by food employees. A food preparation sink shall be provided for food facilities for preparation of foods. A mop sink shall be provided for the cleaning of mops and the disposal of mop water and similar liquid waste. All plumbing fixtures shall be installed in compliance with applicable local plumbing ordinances.

RISK FOR CONTAMINATION – FOOD PREPARED IN UNAPPROVED AREA / FOOD PREPARED OR HANDLED WITH BARE HANDS / OTHER

This subcategory shall be marked OUT of compliance when food is being prepared in an unapproved area, or when conditions or actions place the food at risk.

Examples:

· Preparing food on the floor

· Washing produce in a mop sink

· Preparing food in an office, storage room, dining room, outside, or any other unapproved area

· Disposing of waste water in a food preparation sink

· Food thawing in an unapproved sink

· Using a cutting board on top of a trash can

· Insect control device installed or placed without required clearance of 3 horizontal feet from open food, food contact surfaces, utensils, equipment, or linen

· Food stored on warewashing sink drain board

· Washing hands in a food preparation or mop sink

· Approved splash guard missing on handwash or mop sink which is located within 24 inches of a warewashing sink, food, or food contact surface

· Handle of serving utensil falls into ready to eat food

· Employee using bare hands to place “left over” food in a “to-go” container

· Use of a sponge on cleaned, sanitized, or in use food contact surfaces

· Failure to change the linen used as lining in bread basket between customers

· Food preparation that is beyond the scope of the operation (e.g., addition of prepared foods at a prepackaged ONLY facility)

Do Not Mark this subcategory N/A or N/O.

COS This subcategory shall be marked COS to indicate the violation has been corrected and verified prior to the completion of the inspection. The actual corrective actions taken for each violation shall be documented in the inspection report. The violation shall be marked and points shall be deducted. A reinspection date may be scheduled to confirm continued compliance.

Additional Violation:

· Food that is adulterated shall also be marked in subcategory #10

Exceptions:

· Double-stacking of food shall be marked ONLY in subcategory #22

· Use of an unapproved food equipment lubricant shall be marked ONLY in subcategory #30

· Food not protected from customers shall be marked ONLY in subcategory #24

· Ready-to-eat food contaminated from raw animal food products shall be marked ONLY in subcategory #10

Section 113980, 114185

All food shall be manufactured, produced, prepared, packed, stored, transported, kept for sale, and served so as to be pure, free from contamination, adulteration, and spoilage. Linen shall not be used in contact with food unless they are used to line a container for the service of foods and the linen are replaced each time the container is refilled for a new consumer and laundered prior to reuse.

UNAPPROVED SOURCE – NON-PHF (MINOR)

This subcategory shall be marked OUT of compliance for violations involving non-potentially hazardous food that is obtained from a source that does not comply with all applicable laws.

Example:

Chocolate chip cookies baked in a private home

Do Not Mark this subcategory N/A or N/O.

COS This subcategory shall be marked COS to indicate the violation has been corrected and verified prior to the completion of the inspection. The actual corrective actions taken for each violation shall be documented in the inspection report. The violation shall be marked and points shall be deducted. A reinspection date may be scheduled to confirm continued compliance.

Additional Violation:

If PHF from unapproved source are observed in addition to NON PHF from unapproved source, subcategory #12 shall also be marked
Missing invoices shall also be marked in subcategory #76

NOTE: When invoice copies are missing (unable to verify origin of product) an Office Hearing shall be issued and ONLY subcategory #76 shall be marked. Subcategory #28 shall ONLY be marked if origin of product cannot be verified at Office Hearing

Sections 114021, 114024, 114029

Food shall be obtained from a source that complies with all applicable laws. Foods prepared in a private home may not be used or offered for sale in a food facility. Liquid, frozen and dry egg products, frozen milk products and ice cream shall be obtained pasteurized. Molluscan shellfish shall be obtained from approved sources.

REUSED / RE-SERVED

This subcategory shall be marked OUT of compliance to indicate when previously served food is re-served to a different customer or used in the preparation of another dish.

Examples:

· Re-served tortilla chips or salsa

· Previously served dipping sauce or butter used in the preparation of another dish

· Previously served steamed rice used in the preparation of fried rice

Open pitcher of cream for coffee re-served to another customer
Open condiments such as sour cream, chives, & butter are served from one table to another

N/A This subcategory shall be marked N/A if the facility only handles prepackaged foods.

N/O This subcategory shall be marked N/O if food is not observed returned and re-served during the time of inspection.

COS This subcategory shall be marked COS to indicate the violation has been corrected and verified prior to the completion of the inspection. The actual corrective actions taken for each violation shall be documented in the inspection report. The violation shall be marked and points shall be deducted. A reinspection date may be scheduled to confirm continued compliance.

NOTE: A container of food that is not potentially hazardous may be transferred from one consumer to another if the food is dispensed so that it is protected from contamination and the container is closed between uses, such as a narrow-neck bottle containing catsup, steak sauce, or wine, or if the food, such as crackers, salt, or pepper, is in an unopened original package and is maintained in sound condition, and if the food is checked on a regular basis.

Section 114079

Food that has been served or sold and in the possession of a consumer that is unused or returned by the consumer shall not be offered as food for human consumption.

HAZARDOUS MATERIALS / CHEMICALS (MAJOR)

This subcategory shall be marked OUT of compliance for violations involving the improper use or storage of pesticides, insecticides, rodenticides, or non-food chemicals that pose an imminent health hazard to the public’s health and safety.

Examples:

· An open container of bleach / sanitizer stored above a food preparation area

· Open chemical containers stored on a shelf above a food preparation table

· A chemical spray bottle hanging from inside the hood

· An unapproved insecticide used in the food preparation area

· Chemicals stored in a food container

· An unapproved food equipment lubricant is used

Do Not Mark this subcategory N/A or N/O.

COS This subcategory shall be marked COS to indicate the violation has been corrected and verified prior to the completion of the inspection. The actual corrective actions taken for each violation shall be documented in the inspection report. The violation shall be marked and points shall be deducted. A reinspection date may be scheduled to confirm continued compliance.

Additional Violations:

· Food-contact surfaces that have been contaminated by the misuse of hazardous materials or chemicals shall also be marked in subcategory #16

· Non-food contact surfaces that have been contaminated by the misuse of hazardous materials or chemicals shall also be marked in subcategory #48

· Food that has been adulterated by the misuse of hazardous materials or chemicals shall also be marked in subcategory #10

Exceptions:

· Improper use or storage of pesticides, insecticides, rodenticides, or non-food chemicals that pose a low risk to the public shall be marked ONLY in subcategory #43

Subcategory #43 shall NOT be marked when subcategory #30 has been marked

Section 114254

All poisonous substances, detergents, bleaches, cleaning compounds, and all other injurious or poisonous materials shall be stored and used only in a manner that is not likely to cause contamination or adulteration of food, food-contact surfaces, utensils, or packaging materials.

EMPLOYEE PRACTICES – EATING / TOBACCO / GUM (MINOR)

This subcategory shall be marked OUT of compliance to indicate violations related to employee practices.

Examples:

· Food employee observed eating, chewing gum, or using tobacco products in a work area

· A waitress eating at a serving station

· Food employee observed sitting on a food preparation table

N/A Do Not Mark this subcategory N/A.

N/O This subcategory shall be marked N/O for retail operations only in the

RARE case when there are no food workers present at the time of inspection.

COS This subcategory shall be marked COS to indicate the violation has been corrected and verified prior to the completion of the inspection. The actual corrective actions taken for each violation shall be documented in the inspection report. The violation shall be marked and points shall be deducted. A reinspection date may be scheduled to confirm continued compliance.

Additional Violation:

· Employee who did not wash hands after eating, drinking, or using tobacco products shall also be marked in subcategory #7

Exception:

· The observation of an uncovered beverage container or cigarettes not currently being used in the food preparation area shall be marked ONLY in subcategory #68

· An employee’s closed beverage container placed directly on a food contact surface shall be marked ONLY in subcategory #68

NOTE: A food employee may drink from a closed beverage container (e.g., sports bottle with straw), if the container is handled to prevent contamination of employee’s hands, the container, non-prepackaged food, and food contact surfaces.

Sections 113975, 113977

No employee shall eat, drink, or smoke in any work area or commit any act that contaminates food or food-contact surfaces.

OYSTER WARNING SIGNS

This subcategory shall be marked OUT of compliance to indicate the lack of a sign, warning of the risk associated with the consumption of raw untreated oysters harvested from the states of Alabama, Florida, Louisiana, Mississippi, and Texas between the dates of November 1^st and March 31st.

N/A This subcategory shall be marked N/A when Gulf oysters are not sold or served in the food facility.

N/O This subcategory may be marked N/O when shellstock are not being offered for sale at the time of inspection.

COS This subcategory shall be marked COS to indicate the violation has been corrected and verified prior to the completion of the inspection. The actual corrective actions taken for each violation shall be documented in the inspection report. The violation shall be marked and points shall be deducted. A reinspection date may be scheduled to confirm continued compliance.

Additional Violation:

· Failure to maintain shellfish tags / labels for the required 90-day period shall also be marked in subcategory #42

Exceptions:

· When proof of shellfish tags / labels is unavailable at the time of inspection, ONLY subcategory #12 shall be marked

· When untreated raw Gulf oysters are found on the premises of a food facility between the months of April and October, ONLY subcategory #10 shall be marked

Sections 114090, Title 17-CCR

All retail food facilities that offer untreated raw oysters harvested from the states of Alabama, Florida, Louisiana, Mississippi, and Texas shall provide a written warning to any person who orders such product.

LABELS / MISREPRESENTATION – CONSUMER FOODS

This subcategory shall be marked OUT of compliance for violations regarding the proper labeling of consumer foods or truth in advertising.

Examples:

· Consumer prepackaged food products not labeled in English

· Pre-packaged food without the required labeling information to include: common name; name and address of manufacturer; packer or distributor; ingredients listed in descending order of predominance by weight; net weight of contents

· Bulk food containers for consumer self-service are improperly labeled

· Lack of “use by” date on a PHF oxygen-reduced packaged at the establishment

· When more than one type of ground beef is offered for sale, fat content in hamburger exceeds labeled percentage or is omitted

· Advertised pre-cooked weight of food item is less than advertised

· “Fresh” fish is advertised, but the fish had been frozen

· Advertised as a “1 lb.” burrito; product weighed 14.5 oz.

· Primal area missing from the label on package of cut of meat

Do Not Mark this subcategory N/A or N/O.

COS This subcategory shall be marked COS to indicate the violation has been corrected and verified prior to the completion of the inspection. Types of corrective actions may include closure, food disposal, red tagging, etc. The actual corrective actions taken for each violation shall be documented in the inspection report. The violation shall be marked and points shall be deducted.

Exception:

If fat content of hamburger exceeds 30% by weight, ONLY subcategory #10 shall be marked

Sections 114057, 114087, 114089, 114093, Sherman Food, Drug and Cosmetic Law, 21 C.F.R. 100 - Food Labeling

Packaged food and self-service bulk food must be properly labeled. Every bakery product shall have a protective wrapping that shall bear a label that complies with the labeling requirements, unless sold directly to the consumer or another facility, as set forth in Sherman Food, Drug and Cosmetic Law. Any food is misbranded if it’s labeling is false or misleading; if it’s offered for sale under the name of another food; or if it’s an imitation of another food for which a definition and standard of identity has been established by regulation.

"> DISCLOSURE NOTIFICATION

This subcategory shall be marked OUT of compliance to indicate if the customer was not notified that a food contains a specific ingredient.

Examples:

· A food item containing raw or less than thoroughly cooked egg

· An unpackaged confectionary food contains more than 1/2% alcohol

· Hamburgers are routinely served medium rare without consumer notification

N/A This subcategory shall be marked N/A when the food facility does not serve raw or undercooked animal foods.

N/O This subcategory shall be marked N/O when the EHS is unable to determine if the required verbal consumer advisory was provided.

COS This subcategory shall be marked COS to indicate the violation has been corrected and verified prior to the completion of the inspection. The actual corrective actions taken for each violation shall be documented in the inspection report. The violation shall be marked and points shall be deducted. A reinspection date may be scheduled to confirm continued compliance.

Additional Violation:

When food facility intentionally undercooks meat / eggs and lacks adequate disclosure, subcategory #3 shall also be marked

Exception:

When a food facility unintentionally undercooks meat / eggs, ONLY subcategory #3 shall be marked

NOTE: A consumer advisory for sashimi, sushi, seared Ahi-tuna, and steak tartar is not required because it is common knowledge that these items are served raw.

· For violations pertaining to Gulf oysters, see subcategory #32

· A consumer advisory is not required when a consumer specifically orders food raw or undercooked.

Sections 114090, 114093

Ready-to-eat foods containing raw egg and unpackaged confectionary foods containing more than 1/2% alcohol may be served if the facility notifies the consumer. Food may be served if the consumer specifically orders that the food be individually prepared less than thoroughly cooked and the food facility notifies the consumer, orally or in writing, at the time of ordering, that the food is raw or less than thoroughly cooked.

VALID FOOD SAFETY CERTIFICATE

This subcategory shall be marked OUT of compliance for the following:

· ONLY when there is documentation (i.e., a previous inspection report / office hearing) verifying that the facility continues to operate without a valid food safety certificate from the date of prior documentation, and it has been more than 60 days.

N/A This subcategory shall be marked N/A for food facilities that handle only prepackaged foods

N/O This subcategory shall be marked N/O if a valid food safety certificate is not available due to a new facility, change of ownership, expired certificate, or the employee who held the certificate previously is no longer employed by the facility. The FOIR shall be documented with the EHS’s directive to provide for a valid food safety certificate within 60 days and an office hearing shall be issued.

Do Not Mark this subcategory COS.

NOTE: The point deduction only becomes applicable when it has been verified that the facility has been without a valid food safety certificate in excess of 60 days.

Section 113947

All food employees shall have adequate knowledge of, and shall be properly trained in, food safety as it relates to their assigned duties. Food facilities that prepare, handle, or serve nonprepackaged PHF, except temporary food facilities, shall have an owner or employee who has successfully passed an approved and accredited food safety certification examination.

THAWING – IMPROPER METHOD (1 point deduction)

This subcategory shall be marked OUT of compliance for improper thawing methods.

Examples:

· PHF thawing at room temperature

· Shrimp thawing in standing water

· Frozen packaged chicken thawing completely submerged under cold running water for greater than 2 hours

Additional Violations:

· Problems with a freezer that causes thawing shall be marked in subcategory #47

· PHF found thawing for greater than 2 hours and out of temperature shall also be marked in

subcategory #1, #18 or #19, as appropriate

· PHF thawing in a mop sink or handwashing sink shall also be marked in subcategory #27

NOTE: Slacking of food items, the process of moderating the temperature from -10F to 25F in preparation for deep-fat frying or to facilitate even heat penetration during the cooking of previously block frozen food, is allowed and is not a thawing violation.

Training Provided

· Training shall be provided as required and subcategory #93 shall be marked

Section 114020

Frozen PHF shall be thawed by using one of the following methods: in refrigeration units; completely submerged under potable running water for a period not to exceed two hours at a water temperature of 70°F or below, and with sufficient water velocity to agitate and flush off loose particles into the sink drain; in a microwave; or as part of the cooking process.

PURE FOOD / SPOILAGE (MINOR) (1 point deduction)

This subcategory shall be marked OUT of compliance when food is observed to be spoiled or if food products have been adulterated and would pose a low risk to the public’s health and safety. Food shall be removed from sale and voluntarily disposed of.

Examples:

· Meat, fish or poultry products that have the appearance of spoilage (*)

· PHF oxygen reduced package exceeds a “use by” date

· Food-infesting insects (e.g., grain beetles, meal moths, gnats, ants) are observed in food or fruit flies in liquor bottle

· Unopened soda can stored in ice bin (customer edible ice)

· Swollen can or significantly dented can at the rim / seam

· Condensate from refrigerator dripping onto raw meat / poultry / uncut fruits and vegetables

· Hair found in food

· Lining food containers with newspaper

Additional Violations:

· Leaking condensate due to equipment disrepair shall also be marked in subcategory #47

· Food found in an unapproved lead glazed container shall also be marked in subcategory #50

Exceptions:

· Food that has been adulterated and would pose an imminent health hazard to the public shall be marked ONLY in subcategory #10

· Subcategory #37 shall NOT be marked when subcategory #10 is marked

* Spoilage is a naturally occurring process that changes the characteristics (e.g., fragrance, taste, texture and appearance) of the food by natural organisms of that food rendering the food unfit for consumption.

NOTE: Sell by or expirations dates of food products (e.g., milk, cheese, potato chip) that are not enforced by this Department shall not be marked in any subcategory. Instead, the EHS shall recommend that the owner / operator discontinue the sale of the food based on the expiration date.

Sections 113980, 114057

All food shall be manufactured, produced, prepared, packed, stored, transported, kept for sale, and served so as to be pure, free from contamination, adulteration, and spoilage. PHF that are packed by the food facility in reduced-oxygen packaging that creates anaerobic conditions shall be plainly date coded.

IMPROPER INSPECTION AT DELIVERY / TRANSPORTATION (1 point deduction)

This subcategory shall be marked OUT of compliance for the improper inspection of food upon delivery and the improper transportation of food items.

Examples:

· Manager accepts food without inspecting for temperature abuse, vermin and / or adulteration

· Facility transports PHF more than 30 minutes without approved method of temperature control

Additional Violations:

· Facility transports PHF longer than 30 minutes and food found above 45°F shall also be marked in #1, #18, or #19, as appropriate

· Food accepted upon delivery found to be adulterated shall also be marked in subcategory #10 or #37, as appropriate

Training Provided

· Training shall be provided as required, and subcategory #89 shall be marked

Sections 113980, 113982, 113996, 114035, 114037

All food shall be transported so as to be protected from dirt, vermin, unnecessary handling, droplet contamination, overhead leakage, or other contamination. Food shall be inspected upon receipt and prior to use, storage or resale. Food shall be protected from contamination and maintained at proper temperatures during transport.

CUSTOMER SELF-SERVICE UTENSILS (1 point deduction)

This subcategory shall be marked OUT of compliance when a serving utensil or other approved device or mechanism for dispensing food is lacking or stored improperly.

Examples:

· Self-service containers missing serving utensils

· Additional clean plates not made available to customers for re-service at salad bar / buffet

· Uncovered straws out for customer self-service

Sections 114063, 114065, 114075

Food in self-service containers shall be dispensed by a utensil with a handle (e.g., tongs, ladles) or other approved device or mechanism (e.g., relish dispenser) for dispensing the product. Utensils shall be dispensed from sanitary containers or approved sanitary dispensers. Single service utensils may be used only once.

DISPENSER – DISREPAIR / UNAPPROVED / SUPPLIES / MISSING / TIME

(1 point deduction)

This subcategory shall be marked OUT of compliance when soap / towels are available on premises, but improperly dispensed; dispensers are empty, missing, damaged or of an unapproved type; soap or towels are of an unapproved type; handwashing less than 10 seconds.

Examples:

· Empty / leaking / missing soap and / or towel dispenser

· Using bar soap or unapproved cloth towels

· No soap or towel are available on the premises but are provided by the end of inspection

· Observed food employee washing hands for approximately four seconds

Exception:

· If soap or paper towels are not available on the premises and are not provided by the end of inspection, subcategories #7 and #98 shall be marked (CLOSURE)

Section 113953

Approved handwashing cleanser and towels or drying device shall be provided in dispensers at or adjacent to, each handwashing facility; dispensers shall be maintained in good repair.

HAIR RESTRAINT / OUTER GARMENTS / NAILS / RING(S) (1 point deduction)

This subcategory shall be marked OUT of compliance for the following violations:

Examples:

· Food employee observed preparing, serving or handling food or utensils without wearing hair restraints

· Food employee observed with soiled outer garments

· Employee wearing rings (other than a plain wedding band), nail polish, acrylic nails, nails not neatly trimmed while preparing food with no gloves

NOTE: There are three different requirements regarding hair restraints:

1. No hair restraint / cover is required for cashiers, hostesses or other staff who do NO more than serve wrapped / prepackaged foods or of persons with no visible hair (ex. shaved head)

2. Hair restraints (pony tail, hair pulled back from face and/or off shoulders) are required of servers, runners, bartenders, waiters and waitresses, as long as they only have limited contact with open foods.

3. Hair restraints and covers (hats, hair nets, etc.) are required of all cooks, chefs, kitchen workers who prepare and handle any aspect of food preparation.

Sections 113969, 113971, 113973

All employees preparing, serving or handling food or utensils shall wear hair restraints, such as hats, hair coverings, or nets that are designed and worn to effectively keep their hair from contacting non-prepackaged food, clean equipment, utensils, linen, and unwrapped single-use articles. All food employees shall wear clean outer clothing to prevent contamination of food, equipment, utensils, linen, and single-use articles. Gloves shall be worn if an employee has cuts, sores, rashes, artificial nails, nail polish, or finger nails that are not clean, neatly trimmed and smooth when contacting food and food-contact surfaces.

SHELLFISH TAGS / LABELS – RETAINED 90 DAYS (1 point deduction)

This subcategory shall be marked OUT of compliance for the failure to maintain shellfish certification tags/ records for 90 calendar days after the container is emptied.

Additional Violation:

· If oyster warning sign is not posted as required, subcategory #32 shall also be marked

· If shellfish tags / labels are not present with shellfish, subcategory #12 shall also be marked

Section 114039

The identity of the source of shellstock that are sold or served shall be maintained by retaining shellstock tags or labels in chronological order for 90 calendar days from the date the container is emptied.

HAZARDOUS MATERIALS / CHEMICALS (MINOR) (1 point deduction)

This subcategory shall be marked OUT of compliance for the improper use or storage of pesticides, insecticides, rodenticides, or non-food chemicals that are a low risk to the public=s health and safety.

Examples:

· A single chemical in a food or utensil area stored in a container that is tightly sealed with no practical chance of contaminating food, utensils, or food-contact surfaces

· An unlabeled spray bottle in a janitorial area

Section 114254

All poisonous substances, detergents, bleaches, cleaning compounds shall be stored in containers labeled as to contents, hazard, and use. They shall be stored separate from food, utensils, packaging material, and food-contact surfaces.

SPOILS AREA (1 point deduction)

This subcategory shall be marked OUT of compliance for the lack of a designated spoils area.

Example:

· Unlabeled / damaged food cans are not stored in a designated area separated from food, equipment, utensils, linen, and single-use articles

Section 114055

All returned or damaged food products and food products from which the label has been removed shall be separated and stored in a separate area and in a manner that shall prevent adulteration of other foods and shall not contribute to a vermin problem.

INTERIOR PREMISES / LINEN / LIVING - SLEEPING QUARTERS

(1 point deduction)

This subcategory shall be marked OUT of compliance for violations involving storage of non-food related items and for violations related to sleeping and living quarters inside the premises.

Examples:

· Improper storage of recyclable containers

· Electrical cords and hardware supplies are stored on ice machine or food storage shelves

· Clean linen are observed stored with soiled linen

· Storing plants / flowers in the walk-in refrigerator

· Bedding is observed in food storage area

· Non-solid and/or non-self closing door between living quarters and food facility

· Castoff / non-functional or no longer used equipment stored inside the facility

Exceptions:

· Violations relating to storage and use of wiping cloths shall be marked ONLY in subcategory #51

· Employee personal items stored in a food storage area shall be marked ONLY in subcategory #68

Sections 114185, 114257, 114285, 114286

The interior premises of each food facility shall be free of litter and items that are unnecessary to the operation or maintenance of the facility, such as equipment that is nonfunctional or no longer used. Living or sleeping quarters located on the premises of a food facility shall be separated from rooms and areas used for food facility operations by complete partitioning and solid self-closing doors. Adequate and suitable space shall be provided for the storage of clean linen.

ANIMAL / BIRD / FOWL (1 point deduction)

This subcategory shall be marked OUT of compliance when animals are observed in the food facility.

Examples:

· Owner’s pet cat is in the liquor store

· Service animal in food preparation area

· Non-service animal observed within demarcated outdoor dining area or within non demarcated outdoor dining area with waiter / waitress table service

Section 114259

Live animals may not be allowed in a food facility. Service animals that are controlled by a disabled employee or person may be allowed in areas that are not used for food preparation and that are usually open for customers if the contamination of food, clean equipment, utensils, linen, and unwrapped single-use articles cannot result.

DISREPAIR (1 point deduction)

This subcategory shall be marked OUT of compliance for violations involving the condition of the equipment, utensils, shelving, or cabinets.

Examples:

· Torn door gaskets and rusty shelves in a refrigeration unit

· Ice build up on the condenser unit in the walk-in freezer

· Missing fan guard at a refrigeration unit

· Condensate pan in the walk-in refrigeration unit is cracked and leaking

· Damaged utensils (knives, spoons, colander, chipped dishes, and glassware)

· Refrigeration unit in disrepair

· Cutting board has deep pits / crevices

Additional Violations:

· Temperature violations resulting from disrepair of equipment, shall also be marked in subcategory #1, #18, or #19, as appropriate

· Food adulteration due to leaking condensate shall also be marked in subcategory #10 or #37, as appropriate

Sections 114175, 114177

All equipment and utensils shall be fully operative and in good repair.

NON-FOOD-CONTACT SURFACES – NOT CLEAN (MINOR) (1 point deduction)

This subcategory shall be marked OUT of compliance for violations involving the cleanliness of non-food contact equipment, shelving, and cabinets.

Examples:

· Accumulated grease or food debris on the non-food contact surfaces of equipment, shelving, or cabinets

· Dirty fan guards or door gaskets in walk-in refrigerator

· Dirty shelving in refrigeration unit with no direct food contact

Additional Violation:

· If rodents / cockroaches are observed, subcategory #13, #14, #56, or #57 shall also be marked as appropriate

Exceptions:

· Violations related to the cleaning of lights / light shields shall be marked ONLY in subcategory #66

· Violations related to the cleaning of hoods shall be marked in subcategory #63

· Violations related to the cleaning of floors, walls, and ceilings shall be marked ONLY in subcategory #55

Sections 114115, 114175, 114257

Non-food contact surfaces of equipment shall be kept free of an accumulation of dust, dirt, food residue, and other debris. All food facilities, equipment and utensils shall be kept clean, fully operative and in good repair.

STORAGE (1 point deduction)

This subcategory shall be marked OUT of compliance for violations that involve the improper storage of utensils or equipment.

Examples:

· Pots / pans / multi-service dishes stored on the floor

· Table-ware stored in a mop sink

· Handle of approved scooping utensil submerged in bulk food container of beans

· Storing knives in between equipment

· Cases of Ato-go@ containers stored on the floor or in an unapproved area

· Plates / cups stored in the restroom

· Table-ware preset at outside dining areas without adequate protection

· Storing serving utensils in ice water, in sanitizing solution, or in standing water less than 135°F

Exceptions:

· Cast-off items within the facility shall be marked ONLY in subcategory #45

· Cast-off items outside the facility shall be marked ONLY in subcategory #71

Sections 114074, 114178, 114179

Cleaned equipment and utensils, laundered linen, and single-use articles shall be stored in a clean, dry location where they are not exposed to splash, dust, or other contamination, and at least 6 inches above the floor. Pre-set tableware shall be protected from contamination by being wrapped, covered, or inverted.

UNAPPROVED TYPE / IMPROPER USE / IMPROPER INSTALLATION

(1 point deduction)

This subcategory shall be marked OUT of compliance for violations involving the design / approval, operation / installation of equipment or utensils used in the serving, preparation, storage, transportation or display of food.

Examples:

· Milk crates being used as shelving

· Wrapping utensil handles or equipment with cloth, string, or tape

· Plastic bags being used as sink stoppers in 3-compartment sink

· Utensils are too large to fit in 3-compartment sink

· Using enamel / ceramic / stoneware pots or pans

· Using domestic equipment or utensils

· Re-using single-service food containers for food storage (e.g., soy sauce containers)

· Using a cup or bowl without a handle to dispense bulk food

· Unapproved use of portable propane burner

· Using a beverage-only refrigerator for PHF storage

· Lining shelves with cardboard, aluminum foil, or towels

· New or replacement insect control device not designed to contain insects within the device

· After cleaning & sanitizing, equipment or utensils are dried with cloth

· Food contact surfaces not meeting the requirements of section 114130.3

Additional Violation:

· Food found in unapproved lead glazed utensils shall also be marked in subcategory #37

Exception:

· An insect control device without adequate clearance of food and equipment shall be marked ONLY in subcategory #27

Sections 114130-114133

All equipment and utensils shall be designed and constructed to be durable and to retain their characteristic qualities under normal use conditions. All food-related equipment and utensils shall be certified or classified for sanitation by an American National Standards Institute (ANSI) accredited certification program.

WIPING CLOTHS – NOT CLEAN / INADEQUATE SANITIZER / STORAGE

(1 point deduction)

This subcategory shall be marked OUT of compliance for violations involving wiping cloths, (e.g., storage, sanitizing solution).

Examples:

· Storage of a wiping cloth in a bucket with excessively soiled water

· The sani-bucket sanitizer concentration is below the required levels

· Soiled wiping cloth lying on food preparation table

· Same sanitizer bucket is used for storage of wiping cloths used for raw foods of animal origin, and of wiping cloths used for other purposes

Additional Violations:

· A soiled wiping cloth used for sanitization of food-contact surfaces shall also be marked in subcategory #16

· An unapproved cloth used to cover food shall also be marked in subcategory #22

· A piece of cloth used to hold equipment in place shall also be marked in subcategory #47

Section 114185

Wiping cloths, if used repeatedly, shall be held in a sanitizing solution of an approved concentration. Wet cloths used with raw foods of animal origin shall be kept in a separate sanitizing solution. Wiping cloths shall be free of food debris and visible soil.

SANITIZER - IMPROPER CONCENTRATION / TEMPERATURE / SUPPLIES

(1 point deduction)

This subcategory shall be marked OUT of compliance for inadequate sanitizer level during the warewashing process or for the absence of the sanitizer test kit.

Examples:

· While manual / mechanical warewashing, the sanitizing solution is detectable but does not meet the required level and can be corrected at time of inspection

· The high-temperature mechanical warewashing machine does not meet the required sanitizing temperature, but can be readily adjusted

· The sanitizing test kit is missing or wrong type

· Failure to meet required sanitizer contact time

· Sanitizer for manual warewashing is unavailable but obtained at the end of inspection (no active warewashing at time of observation)

Additional Violation:

· If the mechanical ware washer is not functioning properly, subcategory #47 shall also be marked

Exceptions:

· When sanitizer is not available on-site and the operator is unable to provide approved sanitizer by the end of the inspection, ONLY subcategory #16 shall be marked

Training Provided:

· If the operator / employee is not properly washing and sanitizing utensils, subcategory #87 shall be marked and training shall be provided

Sections 114099, 114107

Sanitization in the warewashing operation shall be accomplished in the final rinse by one of the following methods: 100 ppm (parts per million) available chlorine for 30 seconds; 25 ppm available iodine for 1 minute; 200 ppm quaternary ammonium for 1 minute; contact with hot water of at least 171°F for 30 seconds; or with any chemical sanitizer that meets the requirements of section 178.1010 of Title 21 of the Code of Federal Regulations. Testing equipment and materials shall be provided to adequately measure the applicable sanitization method used during manual and mechanical warewashing.

THERMOMETER – REFRIGERATION / PROBE / WAREWASHING (1 point deduction)

This subcategory shall be marked OUT of compliance due to violations involving refrigeration, probe, or warewashing thermometers.

Examples:

· Missing / inoperable / inaccurate thermometer in any or all refrigeration units holding PHF

· Missing / inoperable / inaccurate / unapproved probe thermometer

· Thermometer not working at high-temperature warewashing machine

Sections 114099, 114101, 114157, 114159

A temperature measuring device shall be provided and readily accessible for frequently measuring the washing and sanitizing temperatures. A warewashing machine shall be equipped with a temperature measuring device that indicates the temperature of the water as the water enters the hot water final rinse manifold. A thermometer shall be provided for each refrigeration unit and shall be located in the warmest part of the unit. An accurate easily readable metal probe thermometer suitable for measuring temperature of food shall be readily available to the food handler.

DETERIORATED / UNAPPROVED MATERIALS (1 point deduction)

This subcategory shall be marked OUT of compliance for violations involving walls, ceilings, and floors.

Examples:

· Missing base coving, floor tiles or grout between tiles

· Unapproved floor material (carpet / vinyl tiles) in food areas

· Damaged walls (peeling paint / plaster / not smooth / loose FRP / metal flashing)

· Missing electrical or light-switch cover

· Missing or unapproved type of ceiling panels

· Deteriorated caulking at the wall and sink junction

· Deteriorated floors / walls / ceilings in the walk-in refrigerator(s) (aggregate / gravel exposed)

· Cardboard or unapproved floor boards used on floors

· Holes / cracks in the wall or ceiling that may promote a vermin harborage

Exceptions:

· Open outer doors shall ONLY be marked in subcategory #59

· Pass-thru windows that exceed size requirements shall ONLY be marked in subcategory #59

· Vermin harborage areas indicative of prior infestation with no active infestation (e.g., nesting material, old droppings) shall ONLY be marked in subcategory #55, 56 or #57, as appropriate

Sections 114268, 114271

All floor surfaces, other than the customer service areas, shall be approved, smooth, durable and made of nonabsorbent material that is easily cleaned. Floor surfaces shall be coved at the juncture of the floor and wall with a 3/8 inch minimum radius coving and shall extend up the wall at least 4 inches, except in areas where food is stored only in unopened bottles, cans, cartons, sacks, or other original shipping containers. The walls / ceilings shall have durable, smooth, nonabsorbent, and easily cleanable surfaces.

NOT CLEAN (1 point deduction)

This subcategory shall be marked OUT of compliance when walls / floors / ceilings are not clean.

Examples:

· Accumulated food debris, grease, mold, or dirt on floors, walls, ceilings including inside of walk-in

· Make-up air vent / ceiling vent / ceiling fan accumulated with grease or dust

· Cockroaches (live or dead) / rodent droppings or urine on floors, walls or ceilings

Additional Violations:

· If rodents droppings / dead cockroaches are observed, subcategory #56 or #57 shall also be marked as appropriate

Exception:

· Floors sinks that are not clean shall ONLY be marked in subcategory #61

Section 114257

All food facilities shall be kept clean and in good repair.

RODENTS – NO ACTIVE INFESTATION / RODENT PROOFING (MINOR)

(1 point deduction)

This subcategory shall be marked OUT of compliance for rodent violations, including rodent proofing, that does not pose an immediate risk to the public=s health and safety.

Examples:

· Old rodent dropping with no evidence of active infestation

Additional Violations:

· Ready to eat foods adulterated by rodents shall also be marked in subcategory #10

· Old, dried rodent droppings with no evidence of an active infestation observed shall also be marked in subcategory #16, #48, or #55, as appropriate

· When outer door has a gap at the bottom greater than 1/4", subcategory #59 shall also be marked

Exception:

· When an active infestation is observed, subcategory #13 shall be marked

Section 114259

All food facilities shall be kept free of rodents (rats, mice).

COCKROACHES – NO ACTIVE INFESTATION (MINOR) (1 point deduction)

This subcategory shall be marked OUT of compliance for cockroach violations that do not pose an immediate risk to the public=s health and safety.

Examples:

· One live cockroach observed with no other evidence of an infestation

· Cockroaches observed in a utility room with no immediate risk to the public=s health and safety

· Dead cockroaches and / or fecal markings with no evidence of active infestation

Additional Violations:

· Ready to eat foods adulterated by cockroaches shall also be marked in subcategory #10

· Dead cockroaches and fecal markings with no evidence of live cockroaches shall also be marked in subcategory #16, #48 or 55, as appropriate

Exception:

· When an active infestation is observed, subcategory #14 shall be marked

Section 114259

All food facilities shall be kept free of cockroaches.

OTHER INSECTS (MINOR) (1 point deduction)

This subcategory shall be marked OUT of compliance for insect violations, other than cockroaches, that do not pose an imminent health hazard to the public=s health and safety.

Examples:

· Flies in the delivery staging area only

· Gnats in the warewashing area or around floor sink

· Flies in a pre-packaged food facility

· Ants found on the kitchen floor

Exception:

Insects (e.g., fruit flies, moths, gnats, beetles, ants) found in food shall be marked ONLY in subcategory #37

Section 114259

All food facilities shall be kept free of insects.

OPEN DOOR / AIR CURTAIN / NOT FULLY ENCLOSED (1 point deduction)

This subcategory shall be marked OUT for violations involving the possible entrance of vermin, including rodents, and insects.

Examples:

· Open doors / pass-thru window left open without fly-exclusion devices

· Missing / torn window screens

· Air curtain ineffective, inoperable, or turned off at open door

· Pass-thru window exceeds size requirements

· Meat market with open front without prior exemption

· Outer door has a gap at the bottom greater than ¼ “

Additional Violation:

· If rodents, flies, or birds are observed as a result of an open door or window, subcategory #13, #15, #46 or #58 shall be marked, as appropriate

Sections 114259, 114266

All food facilities shall be fully enclosed in a building consisting of permanent floors, walls, and an overhead structure that meet the minimum standards. A food facility shall at all times be constructed, equipped, maintained and operated as to prevent the entrance of vermin.

SINKS & FIXTURES / SUPPLY LINE - LEAKING / NOT CLEAN / DISREPAIR / UNAPPROVED

(1 point deduction)

This subcategory shall be marked OUT of compliance for violations that involved the conveyance of potable water to sinks and fixtures that are leaking, not clean, in disrepair or unapproved.

Examples:

· Leaking faucet at the ware washing sink

· Dirty sinks / fixtures

· Unapproved rubber hose used as a faucet extension at 3-compartment sink

· Faucet unable to reach all compartments of the sink

· Cracked sink or sink not secured to wall

· Automatic pre-mixing faucet does not stay on for the required minimum 15 seconds

· Back flow prevention device is leaking

· Hose used to clean floor mats is also used to supply water at wok stove faucet

· Leaking water supply line (e.g., inlet valves)

Additional violation:

· If the unapproved hose extension on the faucet at the 3-compartment sink is missing a backflow prevention device and extends below flood rim level of the sink, subcategory #25 shall also be marked

Exception:

· Dirty floor sink shall be marked ONLY in subcategory #61

Sections 113953, 114190-114193

All plumbing and plumbing fixtures shall be installed in compliance with local plumbing ordinances, shall be maintained so as to prevent any contamination, and shall be kept clean, fully operative, and in good repair. Any hose used for conveying potable water shall be of approved materials, labeled, properly stored, and used for no other purpose.

DRAIN LINE / FLOOR SINK / FLOOR DRAIN – UNAPPROVED DISCHARGE / INSTALLATION / MATERIALS / LEAKING / CLOGGED / NOT CLEAN (1 point deduction)

This subcategory shall be marked OUT of compliance for violations involving the disposal of liquid waste including floor sinks or floor drains that are clogged but pose a low risk to the public=s health and safety.

Examples:

· Refrigerator unit draining to a bucket / floor / pan / exterior

· Drain line without an air gap

· Slow drain / clogged drain at the floor sink in the bar area (not overflowing)

· Unsecured flexible drain line used for discharge from refrigerator

· Drain line is leaking from any sink (e.g., mop sink, hand wash sink)

· Food preparation sink / ice machine drain line is directly connected to the sewer

· Uncapped sewer clean out

· Drain line from condensate pan is leaking in walk-in refrigerator

· Floor sink observed with food debris

Additional Violation:

· A leaking evaporator pan or damaged equipment shall also be marked in subcategory #47

Exception:

· A missing or inoperative backflow prevention device shall be marked ONLY in subcategory #25

Sections 114190-114193, 114197

This subcategory shall be marked OUT of compliance for low risk hot / warm water violations.

Examples:

· Water throughout the restaurant is measured at 110-119°F, chemically sanitizing multi-use utensils (24 hours to abate)

· All non critical sinks not meeting the required minimum hot water temperatures (120°F for food prep / mop OR 100°F for handwash sink)

· Water is less than 120°F at a pre-packaged food facility (24 hours to abate)

· Water temperature measured at a critical food preparation or mop sink is between 110-119°F or 90-99°F at a critical handwash sink

· Manual warewashing solution between 100-110°F (Unless otherwise specified by detergent manufacturer’s instruction label)

Exceptions:

· No water / water measured <90°F at a critical handwash sink shall be marked in subcategory #26

· No water / water measured <110°F at a critical mop / food preparation sink shall be marked in subcategory #26

· No water / water measured <110°F throughout facility shall be marked in subcategory #17

NOTE: A food facility may provide only warm water if the water supply is used solely for handwashing as required by section 113953

Section 114192, 114195

An adequate, protected, pressurized, potable supply of hot water (120°F) and cold water shall be provided at all times.

HOOD – NOT CLEAN / DISREPAIR / MISSING FILTER(S) (1 point deduction)

This subcategory shall be marked OUT of compliance for violations with the maintenance of a mechanical ventilation system over food equipment.

Examples:

· Hood filters are missing or improperly installed

· Hood (exterior / interior) has an accumulation of grease

· Hood is not functioning properly

· Hood and make up air are not electronically interlocked

· Make-up air vent is blocked

Section 114149

Exhaust hoods and filters shall be properly installed and maintained in accordance with the Uniform Mechanical Code.

VENTILATION – EQUIPMENT USE (1 point deduction)

This subcategory shall be marked OUT of compliance for the improper use or absence of a hood, or improper hood type.

Examples:

· Grill / broiler is not fully under the canopy-type hood (no 6" overhang)

· Gas rice cooker is not installed under a hood

· Deep fryer installed under a Type II hood instead of a Type I hood

· Table top cooking (e.g., shabu-shabu) observed without required ventilation system

NOTE: High velocity hood may not require 6” overhang.

Section 114149

Mechanical exhaust ventilation equipment shall be provided over all cooking equipment as required to effectively remove cooking odors, smoke, steam, grease, heat be approved by the local building department. Canopy-type hoods shall extend 6" beyond all cooking equipment.

VENTILATION – GENERAL (1 point deduction)

This subcategory shall be marked OUT of compliance for violations related to general ventilation requirements (excluding equipment).

Examples:

· No ventilation system or window in the toilet room / dressing room / food storage

· Un-vented gas water heater (this will be referred to the Gas Co. immediately)

NOTE: Issues concerning ventilation or reasonable condition of comfort for employees should be referred to the local Building Department.

Section 114149

All areas of a food facility shall have sufficient ventilation to facilitate proper food storage and to provide a reasonable condition of comfort for each employee, consistent with the job performed by the employee. Toilet rooms shall be vented to the outside air by a screened openable window, an air shaft, or a light-switch-activated exhaust fan, consistent with the requirements of local building codes.

LIGHTING / LIGHT SHIELDS (1 point deduction)

This subcategory shall be marked OUT of compliance for inadequate lighting or lack of required shatterproof lights or light shields.

Examples:

· Burned-out light bulb in the storage room

· Missing / damaged light shields in food preparation area, refrigerators / display cases

· Light shields with accumulated dust or dead insects

· Missing end caps

· Water inside the light shield of the walk-in refrigeration unit

Section 114252

In every room and area in which any food is prepared, manufactured, processed, or prepackaged, or in which equipment or utensils are cleaned, sufficient natural or artificial lighting. Light bulbs shall be shielded, coated, or otherwise shatter-resistant in areas where there is non-prepackaged ready-to-eat food, clean equipment, utensils, and linen, or unwrapped single-use articles.

TOILETS / TOILET ROOM – DISREPAIR / INADEQUATE # / DOOR NOT SELF-CLOSING / NOT CLEAN / TOILET TISSUE (1 point deduction)

This subcategory shall be marked OUT of compliance for violations concerning the toilet facilities.

Examples:

· One of the available toilets is damaged, leaking, clogged or inoperative

· Urinal is missing in toilet room of a facility that has on-site liquor consumption

· Separate men’s and women’s toilets are not available in a facility that serves alcohol for on-site consumption

· No toilet tissue or missing toilet tissue dispenser

· Door removed or propped open at the toilet room

· Missing or damaged self-closing device

· Unclean toilet facilities

Exception:

· No operable toilets shall be marked in subcategories #9 (CLOSURE) subcategory #98 shall also be marked

· If the facility is unable to provide toilet tissue by the end of the inspection, subcategory #9 shall be marked

Sections 114250, 114276, LA County Code Title 11

Toilet facilities shall be maintained clean, sanitary and in good repair. Toilet rooms shall be separated by a well-fitting self-closing door. Toilet tissue shall be provided in a permanently installed dispenser at each toilet. The number of toilet facilities shall be in accordance with local building and plumbing ordinances. Toilet facilities shall be provided for patrons: in facilities with more than 20,000 sq ft.; facilities offering on-site liquor consumption; and facilities, built after January 1, 2004, that provide space for the consumption of food on the premises.

DRESSING ROOM / PERSONAL ITEMS (1 point deduction)

This subcategory shall be marked OUT of compliance for violations pertaining to dressing rooms, dressing areas, or storage of personal items.

Examples:

· An employee’s closed beverage container is placed directly on a food contact surface

· Dressing area is cluttered or unclean

· No dressing room / area is provided as necessary

· Personal care items (e.g., jacket, purse, keys, employee’s lunch, medicines, cigarettes, radio / tv) stored in the food preparation / storage area

Exception:

· Violations relating to work apparel shall be marked ONLY in subcategory #41 or #45 as appropriate

Section 114256

A separate room, or designated area with lockers shall be provided for employees to change and store their clothing and personal effects. It is to be located so that food, equipment, linen, and single-use articles are protected from contamination. No employee shall store clothing or personal effects in any other area on the premises.

JANITORIAL – STORAGE AND CONDITION (1 point deduction)

This subcategory shall be marked OUT of compliance for violations involving the storage and condition of janitorial supplies and equipment.

Examples:

· Improper storage of mops in food preparation area

· Damaged janitorial equipment

· Mop bucket is observed being emptied outside back door of facility

Exception:

· The disrepair of the janitorial sink shall be marked ONLY in subcategory #60

Sections 114279-114282

A separate area away from food shall be provided for the storage of cleaning equipment and supplies. A janitorial sink or mop basin shall be provided for general cleaning purposes and for the disposal of mop bucket wastes and other liquid wastes.

REFUSE / CONTAINERS (1 point deduction)

This subcategory shall be marked OUT of compliance for violations involving interior and exterior garbage and rubbish storage containers.

Examples:

· Exterior refuse container lids propped open or missing

· Refuse containers encrusted with waste

· Overflowing / leaking refuse containers

· Cardboard used as a receptacle

Sections 114244-114245

All food waste and rubbish containing food waste shall be kept in leak proof and rodent proof containers and shall be covered at all times. All food waste and rubbish shall be removed and disposed of as frequently as necessary to prevent a sanitation problem.

EXTERIOR PREMISES (1 point deduction)

This subcategory shall be marked OUT of compliance for violations involving the cleanliness and accumulation of cast-off and litter at the exterior of the building.

Examples:

· Loose trash on the grounds at the exterior premises of the facility

· Cast-off / non-functional equipment stored at the exterior of the facility

· Areas surrounding trash receptacle is filled with trash debris

Exception:

· Violations involving the exterior trash containers shall be marked ONLY in subcategory #70

Section 114257

The premises of a food facility shall be free of litter and items that are unnecessary to the operation or maintenance of the facility, such as equipment that is nonfunctional or no longer used.

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