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Facility: Foster Freeze
Address: 1401 Winton Way, Atwater, CA

The most recent inspection of this food facility resulted in a rating of
Good (Total Points: 0.00)
0-6  Points: Good
7-13 Points: Satisfactory
14+  Points: Unsatisfactory
Rating on date 2-27-2019: Good (Total Points: 0.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
2-27-2019 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. No violations noted during inspection. All previous violations were corrected. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)


Rating on date 1-22-2019: Unsatisfactory - reinspection required (Total Points: 22.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
1-22-2019 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) 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 the lack of paper towels in approved dispenser. There was a roll of paper towels that was on an unapproved dispenser for use while facility is awaiting for supplies. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
1-22-2019 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. Observed the max water temperature at the two compartment sink measured at 116F. Adjust water heater so hot water can reach 120F minimum.

Observed the water temperature at the hand wash station measured at 88F. The hand wash water temperature shall be between 100F - 108F for automatic mixing faucets. Repair/replace.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
1-22-2019 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 the lack of proof of food handler cards and a food manager certificate. Provide by next inspection. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
1-22-2019 Wiping cloths used to wipe service counters, scales or other surfaces that may come into contact with food shall be used only once unless kept in clean water with sanitizer. (114135, 11485, 114185.1, 11485.2, 114185.3) 2.00 Cloths used to wipe service counters, scales, and other surfaces that may directly or indirectly contact food shall be used only once until laundered or may be used repeatedly if held in a sanitizing solution, as described below. Cloths used with raw foods of animal origin shall be used only once until laundered or may be used repeatedly if kept in a separate container of sanitizing solution, as described below:
(1) Contact with a solution of 100 ppm available chlorine solution for at least 30 seconds.
(2) Contact with a solution of 25 ppm available iodine for at least one minute.
(3) Contact with a solution of 200 ppm quaternary ammonium for at least one minute.
(4) Contact with any chemical sanitizer that meets the requirements of Section 180.940 of Title 40 of the Code of Federal Regulations when used in accordance with the manufacturer's use directions.
Observed the lack of sanitizer in the sanitizer solution used to store wiping cloths. Make sure sanitizer solution is at 100PPM of Chlorine at all times. After using a wiping cloth be sure to rinse and store them in the sanitizer solution. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
1-22-2019 Potentially hazardous foods shall be held at or below 41°/ 45°F or at or above 135°F. (113996, 113998, 114037, 114343(a)) 14.00 Hold potentially hazardous foods either at or above 135°F or at or below 41°F. Hold the following potentially hazardous foods at 45°F: raw shell eggs, unshucked live molluscan shellfish, pasteurized milk and pasteurized milk products in original, sealed containers. Potentially hazardous foods held for dispensing in a serving line or a salad bar (not in a display case) may be held at 45°F or less during periods not to exceed 12 hours in any 24-hour period. Discard all potentially hazardous food that has been out of an approved time and temperature range. (CDI) Observed the temperature of precooked chicken strips measured between 115F - 125F. All hot food items shall be at least 135F or higher. Chicken strips were reheated during inspection. Make sure to adjust the hot holding unit so it will hold hot foods at 135F or higher.

Observed a bag of fries sitting out at room temperature and measured at 50F. Store all potentially hazardous food items at 41F and lower or at 135F and higher. Fries were thrown in the deep fryer during inspection. Facility is not allowed to precook french fries unless they are stored in the hot holding unit and kept at 135 or higher.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)


Rating on date 4-24-2018: Satisfactory (Total Points: 7.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
4-24-2018 Potentially hazardous foods shall be held at or below 41°/ 45°F or at or above 135°F. (113996, 113998, 114037, 114343(a)) 7.00 Hold potentially hazardous foods either at or above 135°F or at or below 41°F. Hold the following potentially hazardous foods at 45°F: raw shell eggs, unshucked live molluscan shellfish, pasteurized milk and pasteurized milk products in original, sealed containers. Potentially hazardous foods held for dispensing in a serving line or a salad bar (not in a display case) may be held at 45°F or less during periods not to exceed 12 hours in any 24-hour period. Discard all potentially hazardous food that has been out of an approved time and temperature range. Observed cooked and frozen fries out of temperature control. Fries are potentially hazardous food and shall be kept under temperature control. Frozen fries were moved into the refrigerator. Cooked fries were discarded. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
4-24-2018 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) 0.00 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.
Reminder: The small refrigerator under the microwave oven that is rated for household use / not marked as rated for commercial use. Remove or replace all non commercially rated equipment within 2 months. All new and replacement food-related and utensil-related equipment shall be certified or classified for sanitation by an American National Standards Institute (ANSI) accredited certification program / approved for commercial use.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)


Rating on date 1-05-2018: Unsatisfactory - reinspection required (Total Points: 21.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
1-05-2018 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.
Observed the lack of proper toilet facilities during the reconstruction of the permanent restroom facilities. A portable flushing toilet was provided within the same day. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
1-05-2018 Handwashing signs shall be posted in each toilet room, directing attention to the need to thoroughly wash hands after using the restroom. (113953.5)

No smoking signs shall be posted in food preparation, food storage, and warewashing areas. (113978)

Consumers shall be notified that clean tableware is to be used when they return to self-service areas such as salad bars and buffets. (114075)

Any food facility constructed before January 1, 2004 without public toilet facilities shall prominently post a sign within the food facility in a public area stating that toilet facilities are not provided. (113725.1, 114276, 114381 (e))
2.00 Post permit in a conspicuous place (It is recommended that the permit be in customer view.). Post a notice advising patrons that a copy of the most recent routine inspection report is available for review by interested parties. Keep a copy of the most recent health inspection report at the facility for customer review purposes.

Post and maintain a legible and conspicuous sign in each toilet room directing attention to the need to thoroughly wash hands after using the toilet.

Post and maintain a legible "No Smoking" sign in food preparation, food storage, and utensil washing areas.

Observed lack of knowledge of the location of a copy of the most recent health inspection at the facility location. Maintain a copy of the most recent health inspection at the facility location, and ensure that employees are aware of its whereabouts and can provide a copy for customer inspection during all hours of operation. A new copy of most recent inspection report is being provided to the facility on this date. Corrected during inspection. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
1-05-2018 Potentially hazardous foods shall be held at or below 41°/ 45°F or at or above 135°F. (113996, 113998, 114037, 114343(a)) 7.00 Hold potentially hazardous foods either at or above 135°F or at or below 41°F. Hold the following potentially hazardous foods at 45°F: raw shell eggs, unshucked live molluscan shellfish, pasteurized milk and pasteurized milk products in original, sealed containers. Potentially hazardous foods held for dispensing in a serving line or a salad bar (not in a display case) may be held at 45°F or less during periods not to exceed 12 hours in any 24-hour period. Discard all potentially hazardous food that has been out of an approved time and temperature range. Observed the temperature of the tomatoes, cheese, and mayo on the top self of the prep table was measured at 55 °F. Keep all cold potentially hazardous foods at or below 41°F. Adjust and / or repair this unit; do not use it for the display of PHF (potentially hazardous food) items until it is shown to consistently capable of holding food at or below 41ºF at all times.

Observed the temperature of the chicken strips was measured at 125 °F. Hold all hot potentially hazardous foods at or above 135°F. The chicken strips were voluntarily discarded.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
1-05-2018 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 the lack of paper towels in the approved paper towel dispensers. Current dispenser is not approved. Approved paper towel dispenser was filled during inspection. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
1-05-2018 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) 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. Observed lack of one inch minimum air gap between the drain lines under the 3 compartment sink 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. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
1-05-2018 All clean and soiled linens shall be properly stored; non-food items shall be stored and displayed separate from food and food-contact surfaces. (114185 - 114185.4) Utensils and equipment shall be handled and stored so as to be protected from contamination. (114067, 114074 - 114075, 114081, 114083, 114119, 114121, 114161, 114178, 114179, 114185, 114185.2, 114185.5) 2.00 Storage space for food, utensils, single-use articles, clean linens, and food-related equipment shall not be located in locker rooms, refuse rooms, mechanical rooms, under open stairwells, under lines on which water has condensed, under leaking water lines, under sewer lines that are not shielded to intercept potential drips, or under other sources of contamination.

During pauses in food preparation or dispensing, food preparation and dispensing utensils shall be stored in one of the following ways:
(1) in a potentially hazardous food with their handles above the top of the food and the container.
(2) if not a potentially hazardous food, with their handles above the top of the food within containers that can be closed.
(3) on a clean portion of the food preparation table or equipment if cleaned and sanitized at the required frequency.
(4) in running water of sufficient velocity to flush particulates to the drain.
(5) in a clean, protected location if the utensils, such as ice scoops, are used only with a food that is not potentially hazardous.
(6) in a container of water if the water is maintained at a temperature of at least 135°F and the container is cleaned at least every 24 hours or at a frequency necessary to preclude the accumulation of soil residues.

Observed a used single use cardboard food container in the microwave. Single-use articles shall not be reused. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
1-05-2018 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 epoxy flooring has worn away exposing the concrete. Repair to provide a smooth, easily cleanable, and non absorbent surface. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
1-05-2018 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 the cutting boards are grooved and discolored, does not appear to come completely clean, and no longer constitutes a smooth and easily cleanable surface. Repair or replace damaged and discolored cutting boards; ensure that all food / utensil contact surfaces are smooth, easily cleanable, and nonporous.

Observed the small refrigerator under the microwave oven that is rated for household use / not marked as rated for commercial use. Remove or replace all non commercially rated equipment within 6 months. All new and replacement food-related and utensil-related equipment shall be certified or classified for sanitation by an American National Standards Institute (ANSI) accredited certification program / approved for commercial use.

Observed the growth of mold in the ice machine. Increase cleaning to prevent an accumulation of mold.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)