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Facility: Merced Food Center
Address: 1150 Martin Luther King Jr Way, Merced, CA

The most recent inspection of this food facility resulted in a rating of
Satisfactory (Total Points: 10.00)
0-6  Points: Good
7-13 Points: Satisfactory
14+  Points: Unsatisfactory
Rating on date 1-13-2020: Satisfactory (Total Points: 10.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
1-13-2020 No violations were noted during this inspection. 0.00 This food facility currently meets California Retail Food Code requirements, and is authorized by the Merced County Division of Environmental Health to be open for business. The permit is issued to the current business owner of record and is non-transferable. COMMISSARY
No Violations Noted
0145 COMMISSARY / OPEN FOOD PREP ALLOWED
1-13-2020 The walls / ceilings shall have durable, smooth, nonabsorbent, light-colored, and washable surfaces. All floor surfaces, other than the customer service areas, shall be approved, smooth, durable and made of nonabsorbent material that is easily cleanable. Approved base coving shall be provided in all areas, except customer service areas and where food is stored in original unopened containers. Food facilities shall be fully enclosed. All food facilities shall be kept clean and in good repair. (114065, 114067, 114069, 114175, 114143, 114257, 114259.2, 114266, 114268, 114268.1, 114271, 114272) 2.00 All food facilities shall be kept clean, fully operative, and in good repair. Floor surfaces in all areas in which food is prepared, packaged or stored, where any utensil is washed, where refuse or garbage is stored, where janitorial facilities are located, and in all restrooms and hand washing areas shall be smooth and of durable construction and made from non absorbent material that is easily cleanable.

Each permanent food facility shall be fully enclosed in a building consisting of permanent floors, walls, and an overhead structure that meets minimum standards. Food facilities that are not fully enclosed on all sides and that are in operation on January 1, 1985, shall not be required to meet the requirements of this section until the facility is remodeled or has a significant menu change or a change in its method of operation. Full enclosure is not required for dining areas and certain other areas when approved for outdoor food services.
REPEAT VIOLATION
Observed new Quarry tile was installed, however some coving is missing in the following areas: behind the reach in holding frozen shrimp and along the base of the meat display refrigerators.

Coving installed behind the rotisserie and cutting table was not keyed in to make it sit flush with the floor tile. Correct this.

Observed cracked Quarry tiles at the threshold of the walk in refrigerator. Repair and provide a cleanable transition strip to protect them from further damage.

REPEAT VIOLATION (3rd time)
Observed FRP is still damaged inside the walk in refrigerator and some seams between FRP panels and between tile cove and FRP have gaps. Repair. Seal well and paint or replace FRP.
0111 RETAIL MARKET 2001-6000 SQFT
1-13-2020 All utensils and equipment shall be fully operative, clean, and in good repair. (114115, 114175). All utensils and equipment shall be approved, installed properly, and meet applicable standards. (114130, 114130.1, 114130.2, 114130.3, 114130.4, 114130.5, 114130.6, 114132, 114133, 114137, 114139, 114143, 114153, 114155, 114163, 114165, 114167, 114169, 114172, 114175, 114177, 114180, 114182) 2.00 Equipment food-contact surfaces and utensils shall be clean to sight and touch. The food-contact surfaces of cooking equipment and pans shall be kept free of encrusted grease deposits and other debris accumulations.

Keep all food facilities, and all utensils, display cases, windows, counters, shelves, tables, refrigeration units, sinks, dishwashing machines, and other equipment or utensils used in the storage, preparation, sale, service, and display of food, clean, fully operative, and in good repair.

The non-food-contact surfaces of equipment shall be kept free of an accumulation of dust, dirt, food residue, and other debris. Equipment shall be reassembled so that food-contact surfaces are not contaminated.
REPEAT VIOLATIONS
Observed wood exposed on the inside door frame of the walk in freezer. Seal.

Observed ice build up inside the walk in freezer. Evaluate and repair.

Observed particle board under the chicharron cabinet. Remove.

Observed CO2 tanks near soda syrup boxes that are not secured. Ensure all pressurized cylinders are securely fastened to a rigid structure.
0111 RETAIL MARKET 2001-6000 SQFT
1-13-2020 All nonfood contact surfaces of utensils and equipment shall be clean. (114115, 114130.4) 2.00 Clean nonfood contact surfaces of equipment at a frequency necessary to prevent accumulation of residue. REPEAT VIOLATION
Observed build up of dust debris on fan blade guards in the three door reach in units holding eggs, hot dogs, and yogurt. Improve cleaning frequency so as to prevent a visible buildup of dust debris.
0111 RETAIL MARKET 2001-6000 SQFT
1-13-2020 Any food is misbranded if its labeling is false or misleading, if it is offered for sale under the name of another food, or if it is an imitation of another food for which a definition and standard of identity has been established by regulation. (114087, 114089, 114089.1(a, b), 114090, 114093.1, 114377) 2.00 Present all food in a way that does not mislead or misinform consumers. Food or color additives, colored overwraps, lights or other misleading artificial means shall not be used to misrepresent the true appearance, color, or quality of a food.

The label shall contain the following information:
(1) The common name of the food.
(2) A list of ingredients in descending order of predominance by weight.
(3) The weight, count, or volume.
(4) The name and place of business of the manufacturer, packer, or distributor.
Nutrition labeling may also be required, and must be included when it is available from the manufacturer.

Food facility's or manufacturer's dating information, such as date codes or "use by" statements on packaging may not be concealed or altered.
REPEAT VIOLATION
Observed lack of labels on packaged salsas and salads in the meat department. Label.
NOTE: The creama and other milk based products cannot be repackaged from the bulk containers into smaller ones under state CDFA requirements.

Observed lack of bakery information on the bulk bakery cabinet. Provide.

Observed lack of the facility business name and address for the ice bagged on site. Provide on each bag.
0111 RETAIL MARKET 2001-6000 SQFT
1-13-2020 The potable water supply shall be protected with a backflow or back siphonage protection device, as required by applicable plumbing codes. (114192) 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. (114171, 114189.1, 114190, 114192.1, 114193, 114193.1, 114195, 114197, 114199, 114201, 114269) 2.00 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. REPEAT VIOLATION (4th time)

Observed lack of one inch minimum air gap between the drain lines under the soda fountain and the rim height of the floor sink. Repair or modify drain lines so that the distance between the lowest edge of the drain lines and the height of the floor sink rim allows for a minimum of a one inch air gap. Provide proof of backflow protection for the drain line from the ice machine part of the unit.

Also, the drain lines for the new reach in units. Provide proof of backflow protection.

REPEAT VIOLATION
Observed red plastic on the pipe under the food prep sink that is preventing it from having an air gap. Provide air gap.
0111 RETAIL MARKET 2001-6000 SQFT
1-13-2020 No violations were noted during this inspection. 0.00 This food facility currently meets California Retail Food Code requirements, and is authorized by the Merced County Division of Environmental Health to be open for business. The permit is issued to the current business owner of record and is non-transferable. All other violations from the previous inspection have been corrected. 0111 RETAIL MARKET 2001-6000 SQFT


Rating on date 12-11-2019: Unsatisfactory - reinspection required (Total Points: 25.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
12-11-2019 No violations were noted during this inspection. 0.00 This food facility currently meets California Retail Food Code requirements, and is authorized by the Merced County Division of Environmental Health to be open for business. The permit is issued to the current business owner of record and is non-transferable. COMMISSARY
No violations noted.
0145 COMMISSARY / OPEN FOOD PREP ALLOWED
12-11-2019 All food contact surfaces of utensils and equipment shall be clean and sanitized. (113984(e), 114097, 114099.1, 114099.4, 114099.6, 114101 (b-d), 114105, 114109, 114111, 114113, 114115 (a, b, d), 114117, 114125(b), 114135, 114141) 7.00 A food facility that prepares food shall not be operating if there is no method to properly clean and sanitize equipment or utensils. A food facility shall not be operating if there is gross contamination of food contact surfaces that may result in the contamination of food products. Failure to protect food, utensils, equipment or linens from droplet contamination. Employees have been using the food prep sink to wash their hands. Discontinue this practice. Hand sink used during inspection. 0111 RETAIL MARKET 2001-6000 SQFT
12-11-2019 Failure to keep food pure and free from contamination, adulteration and spoilage. Any food is adulterated if it bears or contains any poisonous or deleterious substance that may render it impure or injurious to health. (113967, 113976, 113980, 113988, 113990, 114035, 114254(c), 114254.3) 7.00 Provide adequate protection at all times to keep food pure and free from contamination, adulteration and spoilage. Destroy all contaminated, adulterated and spoiled food. Observed Apple Peach Squash Gerber baby food had expired on October 3, 2019 and December 10, 2019. Also, the Early On Carrot baby food expired on October 27, 2019.
(a) A retail food facility shall not sell of offer for sale after the "use by" date, infant formula or baby food that is required to have this date on its packaging pursuant to the federal act, as defined in Section 109930, and federal regulations adopted pursuant to the federal act, including, but not limited to, Section 107.20 of Title 21 of the Code of Federal Regulations.
(b) Notwithstanding Section 114395, any retail food facility that violates this section is guilty of an infraction, punishable by a fine of not more than ten dollars ($10) per day for each item sold or offered for sale after the "use by" date. The fine shall be calculated based upon the number of days past the "use by" date that the product is either found being offered for sale, or if the product is sold, the date of sale as established by evidence of the proof of purchase, including, but not limited to, a sales receipt.
(c) An enforcement agency may assess administrative penalties on a retail food facility that violates this section in the amount of ten dollars ($10) per day for each item sold or offered for sale, in addition to other penalties authorized by law.
(d) For purposes of this section, the following definitions shall apply:
(1) "Baby food" shall have the meaning given to "baby foods" in paragraph (c) of Section 407.81 of Title 40 of the Code of Federal Regulations.
(2) "Infant formula" shall have the meaning given in subdivision (z) of Section 321 of Title 21 of the United States Code.
Baby food removed from sale during inspection.
0111 RETAIL MARKET 2001-6000 SQFT
12-11-2019 All utensils and equipment shall be fully operative, clean, and in good repair. (114115, 114175). All utensils and equipment shall be approved, installed properly, and meet applicable standards. (114130, 114130.1, 114130.2, 114130.3, 114130.4, 114130.5, 114130.6, 114132, 114133, 114137, 114139, 114143, 114153, 114155, 114163, 114165, 114167, 114169, 114172, 114175, 114177, 114180, 114182) 1.00 Equipment food-contact surfaces and utensils shall be clean to sight and touch. The food-contact surfaces of cooking equipment and pans shall be kept free of encrusted grease deposits and other debris accumulations.

Keep all food facilities, and all utensils, display cases, windows, counters, shelves, tables, refrigeration units, sinks, dishwashing machines, and other equipment or utensils used in the storage, preparation, sale, service, and display of food, clean, fully operative, and in good repair.

The non-food-contact surfaces of equipment shall be kept free of an accumulation of dust, dirt, food residue, and other debris. Equipment shall be reassembled so that food-contact surfaces are not contaminated.
Observed dirt, grime, and / or food particle buildup on lemon/strawberry/cherry/vanilla soda nozzle on the Pepsi soda machine and build up below the ICEE machine. Improve cleaning frequency and methods to ensure all equipment is kept in an appropriate state of cleanliness; ensure all equipment surfaces are smooth and easily cleanable, and all potential food contact surfaces are sanitized on a regular basis. Soda nozzle washed during inspection.

Observed wood exposed on the inside door frame of the walk in freezer. Seal.

Observed ice build up inside the walk in freezer. Evaluate and repair.

Observed particle board under the chicharron cabinet. Remove.

Observed CO2 tanks near soda syrup boxes that are not secured. Ensure all pressurized cylinders are securely fastened to a rigid structure.
0111 RETAIL MARKET 2001-6000 SQFT
12-11-2019 The potable water supply shall be protected with a backflow or back siphonage protection device, as required by applicable plumbing codes. (114192) 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. (114171, 114189.1, 114190, 114192.1, 114193, 114193.1, 114195, 114197, 114199, 114201, 114269) 2.00 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. REPEAT VIOLATION (3rd time)

Observed lack of one inch minimum air gap between the drain lines under the soda fountain and the rim height of the floor sink. Repair or modify drain lines so that the distance between the lowest edge of the drain lines and the height of the floor sink rim allows for a minimum of a one inch air gap. Provide proof of backflow protection for the drain line from the ice machine part of the unit.

Also, the drain lines for the new reach in units. Provide proof of backflow protection.

NEW VIOLATION
Observed red plastic on the pipe under the food prep sink that is preventing it from having an air gap. Provide air gap.
0111 RETAIL MARKET 2001-6000 SQFT
12-11-2019 Handwashing soap and single use towels or drying device shall be provided in dispensers adjacent to each handwashing facility; dispensers shall be maintained in good repair. (113953.2) Adequate separate facilities shall be provided for handwashing, food preparation, and the washing of utensils and equipment. (113953, 113953.1) 3.00 Handwashing facilities shall be sufficient in number and conveniently located so as to be accessible at all times for use by food employees. Employees shall not clean their hands in a sink used for food preparation, warewashing, or in a service sink or a curbed cleaning facility used for the disposal of mop water and similar liquid waste. Do not place objects in front of the handwashing station, and do not place items, utensils or wiping cloths in the handwashing sink.

Handwashing facilities shall be equipped to provide warm water under pressure for a minimum of 15 seconds. If the temperature of water provided is not readily adjustable at the faucet, the temperature of the water shall be at least 100°F, but not greater than 108°F. Soap shall be provided in approved dispensers at, or adjacent to, handwashing facilities (no bars of soap). Single-use sanitary towels or hot-air blowers shall be provided at handwashing facilities in approved dispensing devices.
MEAT DEPARTMENT
Observed lack of paper towels in a functioning paper towel dispenser or a functioning air hand drying unit adjacent to the hand washing sink in the meat department. Provide a functioning paper towel dispenser adjacent to the handwashing sink and keep paper towel dispensers properly filled, or an air hand drying unit functional, to provide a sanitary method for hand drying at all times.

Observed the soap dispenser is installed over the food prep sink. Move to the hand sink.

Hands are being washed in the food prep sink. This is a major violation. See cited points under #14 food contact surfaces.

Observed a cutting table was moved next to the hand sink and it has a can opener on it that has sharp edges and can cut someone when they need to wash their hands. Remove to stop the blockage of the sink.

RESTROOM
Observed lack of soap in the approved dispenser at the handwashing sink in the restroom. Keep an approved soap dispenser filled and functional at all times for handwashing purposes. Batteries for the automatic dispenser seem to be dead. Repair.
0111 RETAIL MARKET 2001-6000 SQFT
12-11-2019 Any food is misbranded if its labeling is false or misleading, if it is offered for sale under the name of another food, or if it is an imitation of another food for which a definition and standard of identity has been established by regulation. (114087, 114089, 114089.1(a, b), 114090, 114093.1, 114377) 1.00 Present all food in a way that does not mislead or misinform consumers. Food or color additives, colored overwraps, lights or other misleading artificial means shall not be used to misrepresent the true appearance, color, or quality of a food.

The label shall contain the following information:
(1) The common name of the food.
(2) A list of ingredients in descending order of predominance by weight.
(3) The weight, count, or volume.
(4) The name and place of business of the manufacturer, packer, or distributor.
Nutrition labeling may also be required, and must be included when it is available from the manufacturer.

Food facility's or manufacturer's dating information, such as date codes or "use by" statements on packaging may not be concealed or altered.
Observed lack of labels on packaged salsas and salads in the meat department. Label.
NOTE: The creama and other milk based products cannot be repackaged from the bulk containers into smaller ones under state CDFA requirements.

Observed lack of bakery information on the bulk bakery cabinet. Provide.

Observed lack of the facility business name and address for the ice bagged on site. Provide on each bag.
0111 RETAIL MARKET 2001-6000 SQFT
12-11-2019 The walls / ceilings shall have durable, smooth, nonabsorbent, light-colored, and washable surfaces. All floor surfaces, other than the customer service areas, shall be approved, smooth, durable and made of nonabsorbent material that is easily cleanable. Approved base coving shall be provided in all areas, except customer service areas and where food is stored in original unopened containers. Food facilities shall be fully enclosed. All food facilities shall be kept clean and in good repair. (114065, 114067, 114069, 114175, 114143, 114257, 114259.2, 114266, 114268, 114268.1, 114271, 114272) 2.00 All food facilities shall be kept clean, fully operative, and in good repair. Floor surfaces in all areas in which food is prepared, packaged or stored, where any utensil is washed, where refuse or garbage is stored, where janitorial facilities are located, and in all restrooms and hand washing areas shall be smooth and of durable construction and made from non absorbent material that is easily cleanable.

Each permanent food facility shall be fully enclosed in a building consisting of permanent floors, walls, and an overhead structure that meets minimum standards. Food facilities that are not fully enclosed on all sides and that are in operation on January 1, 1985, shall not be required to meet the requirements of this section until the facility is remodeled or has a significant menu change or a change in its method of operation. Full enclosure is not required for dining areas and certain other areas when approved for outdoor food services.
Observed new Quarry tile was installed, however some coving is missing in the following areas: behind the rotisserie, cutting table, reach in holding frozen shrimp, and along the base of the meat display refrigerators.

Observed cracked Quarry tiles at the threshold of the walk in refrigerator. Repair and provide a cleanable transition strip to protect them from further damage.

REPEAT VIOLATION
Observed FRP is still damaged inside the walk in refrigerator and some seams between FRP panels and between tile cove and FRP have gaps. Repair.
0111 RETAIL MARKET 2001-6000 SQFT
12-11-2019 All food shall be separated and protected from contamination. (113984, 113986, 113988, 113990, 114060, 114067, 114069, 114077, 114079, 114089.1 (c), 114143 (c)) 1.00 Destroy all contaminated food. All food shall be prepared, stored, displayed, dispensed, placed, transported, sold, and served as to be protected from dirt, vermin, unnecessary handling, droplet contamination, overhead leakage, or other contamination.
If unpackaged food is displayed and sold in bulk in other than self-service containers, then it shall be served by an employee of the food establishment directly to a consumer and shall be displayed in clean, sanitary, and covered or otherwise protected containers.
For bulk customer self-service food items, such as salad bars, buffet type foods, and other ready-to-eat food, install sneeze guards that intercept a direct line between the customer's mouth and the food being offered, dispense from approved mechanical dispensers, or employ other effective means to protect ready-to-eat food from contamination.
Protect all cartons, boxes, or other materials used in the packaging of any food from dirt, vermin, and other forms of contamination or adulteration.
Observed lack of individual scoops or tongs in the majority of the bulk bins in the produce area. Provide. 0111 RETAIL MARKET 2001-6000 SQFT
12-11-2019 All nonfood contact surfaces of utensils and equipment shall be clean. (114115, 114130.4) 1.00 Clean nonfood contact surfaces of equipment at a frequency necessary to prevent accumulation of residue. Observed build up of dust debris on fan blade guards in the three door reach in units holding eggs, hit dogs, and yogurt. Improve cleaning frequency so as to prevent a visible buildup of dust debris. 0111 RETAIL MARKET 2001-6000 SQFT