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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: 8.00)
0-6  Points: Good
7-13 Points: Satisfactory
14+  Points: Unsatisfactory
Rating on date 11-13-2018: Satisfactory (Total Points: 8.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
11-13-2018 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) 4.00 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

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.


PARTS ON ORDER
0111 RETAIL MARKET 2001-6000 SQFT
11-13-2018 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 the floors leading into the meat department have exposed concrete between the ceramic tile and the VCT. Install ceramic tile behind the new display refrigerator to match the existing tile. Facility already has plans to do this. They will be installing new ceramic tile and coving. Quarry tile is approved.

Observed flooring, coming and FRP damaged and falling off throughout meat department including inside the walk in units. Replace and repair. Quarry tile approved.

ALL FLOORING AND WALL FINISH REPAIRS REQUIRED NO LATER THAN APRIL 10, 2019.

If a different flooring is proposed, other than quarry tile then our office MUST approve it prior to installation.
0111 RETAIL MARKET 2001-6000 SQFT
11-13-2018 All food employees shall have adequate knowledge of and be trained in food safety as it relates to their assigned duties. The person in charge shall have adequate knowledge of, and shall educate employees of the food facility regarding major food allergens. (113947) Food facilities that prepare, handle or serve non-prepackaged potentially hazardous food, shall have an employee who has passed an approved food safety certification examination. (113947-113947.1) 2.00 The responsibilities of the staff member certified in food safety include ensuring that all employees who handle, or have responsibility for handling, unpackaged foods of any kind have sufficient knowledge to ensure the safe preparation and /or service of the food. The nature and extent of the knowledge that each employee is required to have may be tailored, as appropriate, to the employee's duties related to food safety issues. Observed lack of proof that a current employee of this establishment holds a Food Safety Manager Class certificate that is no more than five years old. Maintain a copy of the original certificate for at least one current employee at the facility location. The food managers certificate that is earned by the employee or owner may be used at only one location. Obtain a certificate from an American National Standards Institute approved food handling/food safety examination; if no one holds a current food safety certificate, obtain one within 60 days.

0111 RETAIL MARKET 2001-6000 SQFT


Rating on date 10-11-2018: Unsatisfactory - reinspection required (Total Points: 37.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
10-11-2018 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. No violations noted for commissary. 0145 COMMISSARY / OPEN FOOD PREP ALLOWED
10-11-2018 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 baby food expired as of August and July 2018. Removed during inspection.
(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.
0111 RETAIL MARKET 2001-6000 SQFT
10-11-2018 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) 2.00 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.
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.

Facial tissues were inside the dispenser.
0111 RETAIL MARKET 2001-6000 SQFT
10-11-2018 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. Observed dust particle buildup on fan covers in the new produce walk in. 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.

Observed blue plastic on the new walk in panel walls. Remove.

Remove plastic off ice machine metal panel.
0111 RETAIL MARKET 2001-6000 SQFT
10-11-2018 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) 4.00 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 the floors leading into the meat department have exposed concrete between the ceramic tile and the VCT. Install ceramic tile behind the new display refrigerator to match the existing tile. Facility already has plans to do this. They will be installing new ceramic tile and coving. Quarry tile is approved.

NEW VIOLATION
Observed flooring, coming and FRP damaged and falling off throughout meat department including inside the walk in units. Replace and repair. Quarry tile approved.

ALL FLOORING AND WALL FINISH REPAIRS REQUIRED NO LATER THAN APRIL 10, 2019.

If a different flooring is proposed, other than quarry tile then our office MUST approve it prior to installation.
0111 RETAIL MARKET 2001-6000 SQFT
10-11-2018 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 establishments with more than 20,000 sq ft.; establishments offering on-site food consumption. (113953, 113953.1, 113953.2, 114250, 114250.1, 114276) 2.00 Provide clean toilet facilities in good repair. Provide permanently installed toilet tissue dispenser(s) in all toilet facilities. Provide handwashing facilities within or adjacent to all toilet facilities. Soap shall be provided in dispensers at, or adjacent to, handwashing facilities. Single-use sanitary towels in dispensers or hot-air blowers shall be provided at handwashing facilities.

Customer restrooms are required for food facilities of more than 20,000 square feet if they were constructed after July 1 1984, and also applies to facilities of any size that were constructed after January 1, 2004 where there is onsite consumption of food. A "take-out only" food facility, with no seating indoors or outdoors, may not be required to provide customer restrooms. Check with the Division of Environmental Health and with the appropriate Planning Department before removing or restricting access to customer restrooms.
Failure to provide a self-closing restroom door. Provide a self-closing device or self-closing hinges on the restroom door. 0111 RETAIL MARKET 2001-6000 SQFT
10-11-2018 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.
Failure to provide a proper food label. Observed labels are lacking facility contact information.

Also, some prepackaged items lack labels. Provide.
0111 RETAIL MARKET 2001-6000 SQFT
10-11-2018 Each food facility shall be kept free of live animals and vermin: rodents (rats, mice), cockroaches, flies.( 114259.1, 114259.4, 114259.5) 2.00 Live animals are not allowed in a food facility, except as specified in section 114259.5.

A food facility shall immediately cease operation when there is a vermin infestation that has resulted in the contamination of food contact surfaces, food packaging, utensils, food equipment, or adulteration of food(s). The food facility shall remain closed until:
(a) there is no longer evidence of a vermin infestation.
(b) all contaminated surfaces have been cleaned and sanitized.
(c) contributing factors such as cleaning, repairs, and the elimination of harborages have been resolved.

All contributing factors must be resolved as quickly as possible. If there is a vermin infestation that warrants a major violation, then the permit to operate may be suspended. Professional pest control may also be required as frequently as needed to prevent the infestation from recurring.
Observed flies inside the meat department. Evaluate a way to keep them out and keep Front doors closed. 0111 RETAIL MARKET 2001-6000 SQFT
10-11-2018 All food employees shall have adequate knowledge of and be trained in food safety as it relates to their assigned duties. The person in charge shall have adequate knowledge of, and shall educate employees of the food facility regarding major food allergens. (113947) Food facilities that prepare, handle or serve non-prepackaged potentially hazardous food, shall have an employee who has passed an approved food safety certification examination. (113947-113947.1) 4.00 The responsibilities of the staff member certified in food safety include ensuring that all employees who handle, or have responsibility for handling, unpackaged foods of any kind have sufficient knowledge to ensure the safe preparation and /or service of the food. The nature and extent of the knowledge that each employee is required to have may be tailored, as appropriate, to the employee's duties related to food safety issues. REPEAT VIOLATION
Observed lack of proof that a current employee of this establishment holds a Food Safety Manager Class certificate that is no more than five years old. Maintain a copy of the original certificate for at least one current employee at the facility location. The food managers certificate that is earned by the employee or owner may be used at only one location. Obtain a certificate from an American National Standards Institute approved food handling/food safety examination; if no one holds a current food safety certificate, obtain one within 60 days.

0111 RETAIL MARKET 2001-6000 SQFT
10-11-2018 Exhaust hoods shall be provided to remove toxic gases, heat, grease, vapors, and smoke and be approved by the local building department. Canopy-type hoods shall extend 6" beyond all cooking equipment. All areas shall have sufficient ventilation to facilitate proper food storage. 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 local building codes. (114149, 114149.1) Adequate lighting shall be provided in all areas to facilitate cleaning and inspection. Light fixtures in areas where open food is stored, served, prepared, and where utensils are washed shall be of shatterproof construction or protected with light shields. (114149.2, 114149.3, 114252, 114252.1) 2.00 All areas 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.

Light fixtures in areas where food is prepared, open food is stored, or utensils are cleaned shall be of shatterproof construction or shall be protected with shatterproof shields and shall be readily cleanable. 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 shall be provided to produce the following light intensity, while the area is in use:
(a) At least 10-foot candles for the following:
(1) At a distance of 30 inches above the floor, in walk-in refrigeration units, and dry food storage areas.
(2) At a working surface on which alcoholic beverages are prepared or where utensils used in the preparation or service of alcoholic beverages are cleaned.
(3) Inside equipment, such as reach-in or under-the-counter refrigerators.
(b) At least 20-foot candles for the following:
(1) At a surface where food is provided for consumer self-service or where fresh produce or prepackaged foods are sold or offered for consumption.
(2) In server stations where food is prepared.
(3) At a distance of 30 inches above the floor in areas used for handwashing, warewashing, and equipment and utensil storage, and in toilet rooms.
(c) Except in server stations where food is prepared, at least 50-foot candles at a surface where a food employee is working with food or working with utensils or equipment such as knives, slicers, grinders, or saws where employee safety is a factor.
Observed the light fixtures in / over the meat grinder do not function, bulb may be burned out. Replace bulb and / or repair fixture. Failure to provide adequate lighting.

Light fixtures in area where food is prepared, open food is stored, or utensils are cleaned shall be of shatterproof construction or shall be protected with shatterproof shields and shall be readily cleanable.
0111 RETAIL MARKET 2001-6000 SQFT
10-11-2018 A person proposing to build or remodel a food facility shall submit plans for approval before starting any new construction or remodeling of any facility for use as a retail food facility. (114380, 114381) 4.00 A person proposing to build or remodel a food facility shall submit complete, easily readable plans drawn to scale and specifications to the Division of Environmental Health and obtain approval prior to starting any project. Construction or remodeling of a food facility was observed without plans approved by the Division of Environmental Health.

Observed the market has had all the following changes:

1) Installed new walls on the left walk in and made it a freezer. This unit was shifted backwards about 2.5 - 3 feet. The ceiling and floor that has been exposed that used to be in the walk in. Cover or replace the floor and ceiling that is exposed with similar products to the existing floors and ceiling.

2) New walk in installed in the back. Provide details on where it is draining.

3) Moved soda fountain to a location without a floor sink.

4) Installed new reach in refrigeration units.
0111 RETAIL MARKET 2001-6000 SQFT
10-11-2018 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.
Observed dirt, grime, and / or food particle buildup on soda fountain nozzles, under the soda fountain equipment, and inside the Cool Beads ice cream freezer. 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.

Observed wood being used as shelving for the prep tables and paper covering some other shelves. Remove. Do not use due to being absorbent and not easily cleanable.

Observed lack of individual tongs or scoops inside some of the bulk bean and chile bins. Provide.
0111 RETAIL MARKET 2001-6000 SQFT
10-11-2018 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) 4.00 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. 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.
0111 RETAIL MARKET 2001-6000 SQFT