| OBSERVED PACKAGED SPICES OFFERED FOR SALE THAT WERE MISSING LABELS, LABELS WERE ILLEGIBLE OR |
| WERE MISSING A LIST OF INGREDIENTS. THE ISSUE WAS DISCUSSED WITH THE PERSON IN CHARGE AND |
| WILL BE CORRECTED. PROVIDE LEGIBLE LABELS ON SPICE PACKAGING WITH ALL REQUIRED INFORMATION |
| WRITTEN IN ENGLISH PER RULE REQUIREMENTS CITED BELOW. |
| |
| 3717-1-3.5 Food: Food Identity, Presentation, and on Premises Labeling |
| |
| (C) Food labels. |
| |
| (1) Food packaged in a food service operation or retail food establishment, shall be labeled as specified in 21 CFR |
| 101 and 9 CFR 317. |
| |
| (2) Label information shall include: |
| |
| (a) The common name of the food, or absent a common name, an adequately descriptive identity statement; |
| |
| (b) If made from two or more ingredients, a list of ingredients in descending order of predominance by weight, |
| including a declaration of artificial color or flavor and chemical preservatives, if contained in the food; |
| |
| (c) An accurate declaration of the quantity of contents; |
| |
| (d) The name and place of business of the manufacturer, packer, or distributor; and |
| |
| (e) The name of the food source for each major food allergen contained in the food unless the food source is |
| already part of the common or usual name of the respective ingredient. |
| |
| (f) Except as exempted in the Federal Food, Drug, and Cosmetic Act Section 403(q)(3)-(5) (as amended on |
| August 2, 2004), nutrition labeling as specified in 21 CFR 101 and 9 CFR 317 Subpart B. |
| |
| (g) For any salmonid fish containing canthaxanthin as a color additive, the labeling of the bulk fish |
| container, including a list of ingredients, displayed on the retail container or by other written means, such as a |
| counter card, that discloses the use of canthaxanthin. |
| |
| (3) Bulk food that is available for consumer self-dispensing shall be prominently labeled with the following |
| information in plain view of the consumer: |
| |
| (a) The manufacturer's or processor's label that was provided with the food; or |
| |
| (b) A card, sign, or other method of notification that includes the information specified under paragraphs |
| (C)(2)(a), (C)(2)(b), and (C)(2)(e) of this rule. |
| |
| (4) Bulk, unpackaged foods such as bakery products and unpackaged foods that are portioned to consumer |
| specification need not be labeled if: |
| |
| (a) A health, nutrient content, or other claim is not made; and |
| |
| (b) The food is manufactured or prepared on the premises of the food service operation or retail food |
| establishment or at another food service operation or retail food establishment or a food processing plant that is |
| owned by the same person and is regulated by the food regulatory agency that has jurisdiction. |
| - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - |
| OBSERVED HANDWASH SINK IN WOMEN'S RESTROOM THAT WAS NOT SEALED TO THE WALL. RESECURE SINK TO |
| WALL AND CAULK BEHIND SINK SO THAT IT IS SEALED TO THE WALL. |
| |
| 3717-1-04.3 Equipment, Utensils, and Linens: Location and Installation |
| |
| (B) Fixed equipment installation - spacing or sealing. |
| |
| (1) Equipment that is fixed because it is not easily movable shall be installed so that it is: |
| |
| (a) Spaced to allow access for cleaning along the sides, behind, and above the equipment; |
| |
| (b) Spaced from adjoining equipment, walls, and ceilings a distance of not more than one thirty-second inch or |
| one millimeter; or |
| |
| (c) Sealed to adjoining equipment or walls, if the equipment is exposed to spillage or seepage. |
| - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - |
| OBSERVED A BUILDUP OF RESIDUE IN SINKS, TOILETS, BROKEN FREEZER, CUPBOARDS AND SPILLAGE ON |
| SHELVES. CLEAN ALL EQUIPMENT AS OFTEN AS NECESSARY TO MAINTAIN CLEAN TO SIGHT AND TOUCH. |
| |
| NOTE: ALL BROKEN OR UNNECESSARY EQUIPMENT MUST BE REPAIRED AND USED OR REMOVED FROM THE |
| FACILITY. |
| |
| 3717-1-04.5 Equipment, Utensils, and Linens: Cleaning of Equipment and Utensils |
| |
| (A) Equipment, food-contact surfaces, nonfood-contact surfaces, and utensils. |
| |
| (1) Equipment food-contact surfaces and utensils shall be clean to sight and touch. |
| |
| (2) The food-contact surfaces of cooking equipment and pans shall be kept free of encrusted grease deposits and |
| other soil accumulations. |
| |
| (3) Nonfood-contact surfaces of equipment shall be kept free of an accumulation of dust, dirt, food residue, and |
| other debris. |
| - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - |
| NO COVERED WASTE RECEPTACLE WAS PROVIDED IN WOMEN'S RESTROOM. PROVIDE A COVERED WASTE |
| RECEPTACLE IN ALL RESTROOMS USED BY FEMALES FOR THE DISPOSAL OF SANITARY NAPKINS. |
| |
| 3717-1-05.4 Water, Plumbing, and Waste: Refuse, Recyclables, and Returnables |
| |
| (H) Toilet room receptacle - covered. |
| |
| A toilet room used by females shall be provided with a covered receptacle for sanitary napkins. |
| - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - |
| OBSERVED A BUILDUP OF RESIDUE ON FLOORS ESPECIALLY IN THE RESTROOMS. CLEAN FLOORS AS OFTEN AS |
| NECESSARY TO MAINTAIN CLEAN. GENERAL CLEANING NEEDS IMPROVEMENT. |
| |
| 3717-1-06.4 Physical Facilities: Maintenance and Operation |
| |
| (B) Cleaning - frequency and restrictions. |
| |
| (1) The physical facilities shall be cleaned as often as necessary to keep them clean. |
| - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - |
| OBSERVED TOXIC CHEMICALS SUCH AS CLEANERS AND NAIL POLISH REMOVER STORED ABOVE SINGLE USE ITEMS |
| AND FOOD EQUIPMENT ON SHELVES IN MAIN STORE AREA. PROPERLY STORE AND SEPARATE TOXIC CHEMICALS |
| FROM FOOD AND FOOD CONTACT EQUIPMENT AND SINGLE USE ITEMS TO PREVENT CHEMICAL CONTAMINATION. |
| |
| 3717-1-07.1 Poisonous or Toxic Materials: Operational Supplies and Applications |
| |
| [Comment: For publication dates of the CFR referenced in this rule, see paragraph (B)(15)(b) of rule 3717-1-01 of the |
| Administrative Code.] |
| |
| (A) Storage: separation. |
| |
| Poisonous or toxic materials shall be stored so they can not contaminate food, equipment, utensils, linens, |
| single-service articles, and single-use articles by: |
| |
| (1) Separating the poisonous or toxic materials by spacing or partitioning; and |
| |
| (2) Locating the poisonous or toxic materials in an area that is not above food, equipment, utensils, linens, |
| single-service articles, or single-use articles. This paragraph does not apply to equipment and utensil cleaners and |
| sanitizers that are stored in warewashing areas for availability and convenience if the materials are stored to prevent |
| contamination of food, equipment, utensils, linens, single-service articles, and single-use articles. |
| - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - |
| OBSERVED THE FOLLOWING EXPIRED BABY FORMULA OFFERED FOR SALE: |
| |
| -1 (25.7oz) CAN OF ENFAMIL LIPIL POWDERED FORMULA WITH AN EXPIRATION DATE OF 05/01/10 |
| |
| -1 (12.9oz) CAN OF ENFAMIL LIPIL WITH IRON POWDERED FORMULA WITH AN EXPIRATION DATE OF |
| 06/01/10 |
| |
| -1 (12.8oz) CAN OF ENFAMIL ENFA CARE LIPIL POWDERED FORMULA WITH AN EXPIRATION DATE OF |
| |
| 06/01/10 |
| |
| -1 (12.9oz) CAN OF ENFAMIL A.R. LIPIL POWDERED FORMULA WITH AN EXPIRATION DATE OF |
| 04/01/10 |
| |
| THE ISSUE WAS DISCUSSED WITH THE PERSON IN CHARGE AND WAS CORRECTED IMMEDIATELY. THE ABOVE |
| ITEMS WERE REMOVED FROM SALE AND WERE PROPERLY DISCARDED. |
| |
| |
| 901:3-4-15 Embargo of Food. |
| |
| (A) For the purpose of this rule, "expired" means: |
| |
| (1) In the case of infant formula, the "use by" date required by 21 C.F.R. 107.20 has passed; or |
| |
| (2) In the case of baby food, that any expiration date, "use by" date, or sale date established by state or federal |
| law or marked on the container by the manufacturer, processor, or packager has passed. |
| - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - |
| NOTE: THIS FACILITY IS UNDER NEW OWNERSHIP. THE PERSON IN CHARGE INDICATED THAT THEY JUST |
| RECENTLY TOOK OVER THE FACILITY AND ARE STILL IN THE PROCESS OF GOING THROUGH THE MERCHANDISE |
| AND ORGANIZING EVERYTHING. |
| |
| A FOLLOW UP OF THE ABOVE CITED VIOLATIONS WILL BE CONDUCTED DURING THE NEXT REGULAR |
| INSPECTION. |
