| Gustavo Moncada was not present at this inspection, but Gustavo's business partner, Idu Cardenas, and a new male employee |
| were. Smoothie Kiosk is closed at this time. |
| |
| |
| SMOOTHIE KIOSK RE-INSPECTION |
| VIOLATION: No hot running water at three compartment sink at kisok. Restore hot water to this kiosk prior to next use and |
| repair leak underneath. SECOND VIOLATION |
| |
| 3717-1-04.4 Equipment, utensils, and linens: maintenance and operation. |
| (I)Manual warewashing equipment - wash solution temperature. |
| The temperature of the wash solution in manual warewashing equipment shall be maintained at not less than one |
| hundred ten degrees Fahrenheit (forty-three degrees Celsius) or the temperature specified on the cleaning agent |
| manufacturer's label instructions. |
| |
| 3717-1-05.0 Water, plumbing, and waste: water. |
| (K)Alternative water supply. |
| Water meeting the requirements specified under paragraphs (A) to (I) of this rule shall be made available for a |
| mobile or temporary food service operation, a mobile or temporary retail food establishment without a permanent |
| water supply; and for a food service operation or retail food establishment with a temporary interruption of its |
| water supply through: |
| (1) A supply of containers of commercially bottled drinking water; |
| (2) One or more closed portable water containers; |
| (3) An enclosed vehicular water tank that meets the requirements of Chapter 3701-28 of the Administrative Code; |
| (4) An on-premises water storage tank that meets the requirements of Chapter 3701-28 of the Administrative Code; |
| or |
| (5) Piping, tubing, or hoses, composed of materials that meet NSF standard 61 or equivalent, connected to an |
| adjacent approved source. |
| - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - |
| VIOLATION: Observed cold water leak under kiosk draining onto floor. Plumbing at kiosk must be maintained in good repair. |
| |
| 3717-1-05.1 Water, plumbing, and waste: plumbing system. |
| (S)Plumbing system - maintained in good repair. |
| A plumbing system shall be: |
| (1) Repaired according to the Ohio building code; and |
| (2) Maintained in good repair. |
| - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - |
| VIOLATION: Observed 5 gallon container under moveable kiosk that is filled with stagnant water drink from pipe under sink. |
| Empty stagnant water in an approved manner, clean and sanitize container. |
| |
| 3717-1-05.3 Water, plumbing, and waste: sewage, other liquid waste, and rainwater. |
| (F)Removing mobile food service operation or mobile retail food establishment wastes. |
| Sewage and other liquid wastes shall be removed from a mobile food service operation or mobile retail food |
| establishment at an approved waste servicing area or by a sewage transport vehicle in such a way that a public |
| health hazard or nuisance is not created. |
| - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - |
| B LOCO INSPECTION |
| Heavily rusted microwave has been removed from service but has not been replaced. Gustavo is bringing a new microwave today, |
| 03/14/2014. |
| |
| VIOLATION: PIC Gustavo Moncada was not present at this facility during the hours of operation, and other employees are not |
| Level One Food Handler's Certified. These employees present could not correctly answer questions regarding food safety, |
| specifically, what the cooking, reheating, and cooling temperatures should be according to the regulations in place at CCHD |
| or ODH. A knowledgeable PIC must be present during hours of operation to supervise employees and food handling practices. |
| THIRD VIOLATION |
| |
| VIOLATION: 3717-1-02.4 Management and personnel: supervision. |
| |
| 3717-1-02.4 Management and personnel: supervision. |
| (B)Person in charge - demonstration of knowledge. |
| Based on the risks inherent to the food operation, during inspections and upon request the person in charge shall |
| demonstrate to the licensor the applicable knowledge of foodborne disease prevention, application of the hazard |
| analysis and critical control point principles, and the requirements of this chapter as they relate to the food |
| service operation or retail food establishment at the time of inspection. The person in charge shall demonstrate |
| this knowledge by compliance with this chapter by having no critical violations during the current inspection, or |
| by being certified in food protection as specified in rule 3701-21-25 of the Administrative Code, or by responding |
| correctly to the inspector's questions as they relate to the specific food operation. The areas of knowledge |
| include: |
| (1) Describing the relationship between the prevention of foodborne disease and the personal hygiene of a food |
| employee; |
| (2) Explaining the responsibility of the person in charge for preventing the transmission of foodborne disease |
| by a food employee who has a disease or medical condition that may cause foodborne disease; |
| (3) Describing the symptoms associated with the diseases that are transmissible through food; |
| (4) Explaining the significance of the relationship between maintaining the time and temperature of |
| time/temperature controlled for safety food and the prevention of foodborne illness; |
| (5) Explaining the hazards involved in the consumption of raw or undercooked meat, poultry, eggs, and fish; |
| (6) Stating the required food temperatures and times for safe cooking of time/temperature controlled for |
| safety food including eggs, fish, meat, and poultry; |
| (7) Stating the required temperatures and times for the safe refrigerated storage, hot holding, cooling, and |
| reheating of time/temperature controlled for safety food; |
| (8) Describing the relationship between the prevention of foodborne illness and the management and control of |
| the following: |
| (a) Cross contamination; |
| (b) Hand contact with ready-to-eat foods; |
| (c) Handwashing; and |
| (d) Maintaining the food service operation or retail food establishment in a clean condition and in good |
| repair. |
| (9) Identifying major food allergens including milk, egg, fish, tree nuts, wheat, peanuts, and soybeans as |
| specified in paragraph (B) (66) of rule 3717-1-01 of the Administrative Code; |
| (10) Explaining the relationship between food safety and providing equipment that is: |
| (a) Sufficient in number and capacity; and |
| (b) Properly designed, constructed, located, installed, operated, maintained, and cleaned. |
| (11) Explaining correct procedures for cleaning and sanitizing utensils and food-contact surfaces of equipment; |
| (12) Identifying the source of water used and measures taken to ensure that it remains protected from |
| contamination such as providing protection from backflow and precluding the creation of cross connections; |
| (13) Identifying poisonous or toxic materials in the food service operation or retail food establishment and |
| the procedures necessary to ensure that they are safely stored, dispensed, used, and disposed of properly; |
| (14) Explaining the details of how the person in charge and food employees comply with the HACCP plan that |
| includes identifying the critical control points in the operation and associated critical limits, if a plan |
| is required by this chapter, or an agreement between the licensor and the food service operation or retail food |
| establishment; |
| (15) Explaining the responsibilities, rights, and authorities assigned by this chapter to the: |
| (a) Food employee; |
| (b) Conditional employee; |
| (c) Person in charge; |
| (d) Licensor; and |
| (16) Explaining how the person in charge, food employees, and conditional employees comply with reporting |
| responsibilities and exclusion or restriction of food employees. |
| |
| (C)Person in charge - duties. |
| The person in charge shall ensure that: |
| (1) Food service or retail food establishment operations are not conducted in a private home or in a room used |
| as living or sleeping quarters as specified under paragraphs (S) and (T) of rule 3717-1-06.1 of the |
| Administrative Code; |
| (2) Persons unnecessary to the food service operation or retail food establishment are not allowed in the food |
| preparation, food storage, or warewashing areas, except that brief visits and tours may be authorized by the |
| person in charge if steps are taken to ensure that exposed food; clean equipment, utensils, and linens; and |
| unwrapped single-service and single-use articles are protected from contamination; |
| (3) Employees and other persons such as delivery and maintenance persons and pesticide applicators entering |
| the food preparation, food storage, and warewashing areas comply with this chapter; |
| (4) Employees are effectively cleaning their hands, by routinely monitoring the employees' handwashing; |
| (5) Employees are visibly observing foods as they are received to determine that they are from approved |
| sources, delivered at the required temperatures, protected from contamination, unadulterated, and accurately |
| presented, by routinely monitoring the employees' observations and periodically evaluating foods upon their |
| receipt; |
| (6) Employees are properly cooking time/temperature controlled for safety food, being particularly careful in |
| cooking those foods known to cause severe foodborne illness and death, such as eggs and comminuted meats, |
| through daily oversight of the employees' routine monitoring of the cooking temperatures using appropriate |
| temperature measuring devices properly scaled and calibrated as specified under paragraph (K) of rule |
| 3717-1-04.1 of the Administrative Code and paragraph (Q) (2) of rule 3717-1-04.4 of the Administrative Code; |
| (7) Employees are using proper methods to rapidly cool time/temperature controlled for safety foods that are |
| not held hot or are not for consumption within four hours, through daily oversight of the employees' routine |
| monitoring of food temperatures during cooling; |
| (8) Consumers who order raw or partially cooked ready-to-eat foods of animal origin are informed as specified |
| under paragraph (E) of rule 3717-1-03.5 of the Administrative Code that the food is not cooked sufficiently to |
| ensure its safety; |
| (9) Employees are properly sanitizing cleaned multiuse equipment and utensils before they are reused, through |
| routine monitoring of solution temperature and exposure time for hot water sanitizing, and chemical |
| concentration, pH, temperature, and exposure time for chemical sanitizing; |
| (10) Consumers are notified that clean tableware is to be used when they return to self-service areas such as |
| salad bars and buffets as specified under paragraph (O) of rule 3717-1-03.2 of the Administrative Code; |
| (11) Except when approved as specified in paragraph (A) (4) of rule 3717-1-03.2 of the Administrative Code, |
| employees are preventing cross-contamination of ready-to-eat food with bare hands by properly using suitable |
| utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment; |
| (12) Employees are properly trained in food safety, including food allergy awareness, as it relates to their |
| assigned duties; and |
| (13) Food employees and conditional employees are informed of their responsibility to report in accordance with |
| this chapter, to the person in charge, information about their health as it relates to diseases that are |
| transmissible through food as specified under paragraph (A) of rule 3717-1-02.1 of the Administrative Code. |
| - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - |
| VIOLATION: Thermometer not calibrated. When placed into cooked chicken at the same time as the calibrated Health Dept |
| thermometer, the temperature on B Loco's thermometer was approximately 70°F lower than the Health Dept's. He states that he |
| does not have a tool to tighten up the nut on the thermometer. Properly calibrated thermometers in the range of 0°F-220°F must |
| be provided. THIRD VIOLATION |
| |
| 3717-1-04.1 Equipment, utensils, and linens: design and construction. |
| (K)Food temperature measuring devices - accuracy. |
| (1) Food temperature measuring devices that are scaled only in Celsius or dually scaled in Celsius and |
| Fahrenheit shall be accurate to plus or minus one degree Celsius in the intended range of use. |
| (2) Food temperature measuring devices that are scaled only in Fahrenheit shall be accurate to plus or |
| minus two degrees Fahrenheit in the intended range of use. |
| |
| 3717-1-04.1 Equipment, utensils, and linens: design and construction. |
| (Y)Temperature measuring devices. |
| (1) In a mechanically refrigerated or hot food storage unit, the sensor of a temperature measuring device shall |
| be located to measure the air temperature or a simulated product temperature in the warmest part of a |
| mechanically refrigerated unit and in the coolest part of a hot food storage unit. |
| (2) Cold or hot holding equipment used for time/temperature controlled for safety food shall be designed to |
| include and shall be equipped with at least one integral or permanently affixed temperature measuring device |
| that is located to allow easy viewing of the device's temperature display. This requirement does not apply to |
| equipment for which the placement of a temperature measuring device is not a practical means for measuring the |
| ambient air temperature surrounding the food because of the design, type, and use of the equipment, such as |
| calrod units, heat lamps, cold plates, bainmaries, steam tables, insulated food transport containers, and salad |
| bars. |
| (3) Temperature measuring devices shall be designed to be easily readable. |
| (4) Water temperature measuring devices on warewashing machines and food temperature measuring devices shall |
| have a numerical scale, printed record, or digital readout in increments no greater than two degrees Fahrenheit |
| or one degree Celsius in the intended range of use. |
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| VIOLATION: Temperature of queso in steam table was 117°F after two hours. Queso was immediately removed from steam table and |
| placed into oven to reheat. Temperature checked again after reheating was 170°F, and hot holding after 45 minutes was 151°F. |
| |
| 3717-1-03.4 Food: limitation of growth of organisms of public health concern. |
| (F)Time/temperature controlled for safety food - hot and cold holding. |
| (1) Except during preparation, cooking, or cooling, or when time is used as the public health control as |
| specified under paragraph (I) of this rule, and except as specified under paragraph (F)(2) and in paragraph |
| (F)(3) of this rule, time/temperature controlled for safety food shall be maintained at a temperature specified |
| as follows: |
| (a) At one hundred thirty-five degrees Fahrenheit (fifty-seven degrees Celsius) or above, except that roasts |
| cooked to a temperature and for a time specified in paragraph (A)(4) of rule 3717-1-03.3 of the |
| Administrative Code or reheated as specified in paragraph (H) (1) of rule 3717-1-03.3 of the |
| Administrative Code may be held at a temperature of one hundred thirty degrees Fahrenheit (fifty-four |
| degrees Celsius) or above; or |
| (b) At forty-one degrees Fahrenheit (five degrees Celsius) or less. |
| (2) Eggs that have not been treated to destroy all viable Salmonellae shall be stored in refrigerated equipment |
| that maintains an ambient air temperature of forty-five degrees Fahrenheit (seven degrees Celsius) or less. |
| (3) Time/temperature controlled for safety food in a homogenous liquid form may be maintained outside of the |
| temperature control requirements, as specified under paragraph (F) (1) of this rule, while contained within |
| specially designed equipment that complies with the design and construction requirements as specified under |
| paragraph (P)(5) of rule 3717-1-04.1 of the Administrative Code. |
| |
| VIOLATION: Observed male employee washing dishes with gloves on, then attempting to take temperature of chicken while wearing |
| same gloves. |
| |
| 3717-1-03.2 Food: protection from contamination after receiving. |
| (A)Preventing contamination from hands. |
| (1) Food employees shall wash their hands as specified under paragraph (B) of rule 3717-1-02.2 of the |
| Administrative Code. |
| (2) Except when washing fruits and vegetables as specified under paragraph (G) of this rule or as specified |
| in paragraph (A) (4) of this rule, food employees may not contact exposed, ready-to-eat food with their bare |
| hands and shall use suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing |
| equipment. |
| (3) Paragraph (A)(2) of this section does not apply to a food employee that contacts exposed, ready-to-eat food |
| with bare hands at the time the ready-to-eat food is being added as an ingredient to a food that: |
| (a) Contains a raw animal food and is to be cooked in the food service operation or retail food |
| establishment to heat all parts of the food to the minimum temperatures specified in paragraphs (A) and |
| (B) of rule 3717-1-03.3 of the Administrative Code; or (b) Does not contain a raw animal food but is to be |
| cooked in the food service operation or retail food establishment to heat all parts of the food to a |
| temperature of at least one hundred and sixty-five degrees Fahrenheit (seventy-four degrees Celsius). |
| (4) Food employees not serving a highly susceptible population, may contact exposed ready-to-eat food with their |
| bare hands if: |
| (a) The license holder obtains prior approval from the licensor; |
| (b) Written procedures are maintained in the food service operation or retail food establishment and made |
| available to the licensor upon request that include: |
| (i) For each bare hand contact procedure, a listing of the specific ready-to-eat foods that are touched |
| by bare hands; |
| (ii) Diagrams and other information showing that handwashing facilities, installed, located, equipped, |
| and maintained as specified under paragraphs (G), (L), and (O) of rule 3717-1-05.1 of the Administrative |
| Code, and paragraphs (B), (C), and (E) of rule 3717-1-06.2 of the Administrative Code are in an easily |
| accessible location and in close proximity to the work station where the bare hand contact procedure is |
| conducted. |
| (c) A written employee health policy that details how the food service operation or retail food establishment |
| complies with rule 3717-1-02.1 of the Administrative Code including: |
| (i) Documentation that food employees and conditional employees acknowledge that they are informed to |
| report information about their health as it relates to gastrointestinal symptoms and diseases that are |
| transmittable through food as specified under paragraph (A) of rule 3717-1-02.1 of the Administrative |
| Code; |
| (ii) Documentation that food employees and conditional employees acknowledge their responsibilities as |
| specified under paragraph (A) of rule 3717-1-02.1 of the Administrative Code; and |
| (iii) Documentation that the person in charge acknowledges the responsibilities as specified under |
| paragraphs (B), (C), (D), and (E) of rule 3717-1-02.1 of the Administrative Code. |
| (d) Documentation that food employees acknowledge that they have received training in: |
| (i) The risks of contacting the specific ready-to-eat foods with bare hands; |
| (ii) Proper handwashing as specified under paragraph (B) of rule 3717-1-02.2 of the Administrative |
| Code; |
| (iii) When to wash their hands as specified under paragraph (C) of rule 3717-1-02.2 of the Administrative |
| Code; |
| (iv) Where to wash their hands as specified under paragraph (D) of rule 3717-1-02.2 of the Administrative |
| Code; |
| (v) Proper fingernail maintenance as specified under paragraph (F) of rule 3717-1-02.2 of the |
| Administrative Code; |
| (vi) Prohibition of jewelry as specified under paragraph (G) of rule 3717-1-02.2 of the Administrative |
| Code; and |
| (vii) Good hygienic practices as specified under paragraphs (A) and (B) of rule 3717-1-02.3 of the |
| Administrative Code. |
| (e) Documentation that hands are washed before food preparation and as necessary to prevent cross |
| contamination by food employees as specified under paragraphs (A), (B), (C), and (D) of rule 3717-1-02.2 of |
| the Administrative Code during all hours of operation when the specific ready-to-eat foods are prepared; |
| (f) Documentation that food employees contacting ready-to-eat food with bare hands use two or more of the |
| following control measures to provide additional safeguards to hazards associated with bare hand contact: |
| (i) Double handwashing; |
| (ii) A hand antiseptic after handwashing as specified under paragraph (E) of rule 3717-1-02.2 of the |
| Administrative Code; |
| (iii) Incentive programs such as paid sick leave that assist or encourage food employees not to work |
| when they are ill; or |
| (iv) Other control measures approved by the licensor; and |
| (g) Documentation that corrective action is taken when paragraphs (A)(4)(a) to (A)(4)(f) of this rule are not |
| followed. |
| (5) Food employees shall minimize bare hand and arm contact with exposed food that is not in a ready-to-eat |
| form. |
| - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - |
| VIOLATION: Observed cracked and broken food storage containers. Food contact surfaces must smooth, durable, and easily |
| cleanable. |
| |
| 3717-1-04 Equipment, utensils, and linens: materials for construction and repair. |
| [Comment: For publication dates of the C.F.R. referenced in this rule, see paragraph (B)(15)(b) of rule 3717-1-01 |
| of the Administrative Code.] |
| (A)Multiuse utensils and food contact surfaces - material characteristics. |
| Materials that are used in the construction of utensils and food-contact surfaces of equipment may not allow the |
| migration of deleterious substances or impart colors, odors, or tastes to food and under normal use conditions shall |
| be: |
| (1) Safe; |
| (2) Durable, corrosion-resistant, and nonabsorbent; |
| (3) Sufficient in weight and thickness to withstand repeated warewashing; |
| (4) Finished to have a smooth, easily cleanable surface; and |
| (5) Resistant to pitting, chipping, crazing, scratching, scoring, distortion, and decomposition. |
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| |
