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Facility: Wendy's
Address: 503 Pacheco Blvd, Los Banos, 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 5-12-2022: Good (Total Points: 0.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
5-12-2022 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 observed during the inspection. All previous violations have been corrected. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)


Rating on date 4-06-2022: Unsatisfactory - reinspection required (Total Points: 16.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
4-06-2022 When time only, rather than time and temperature is used as a public health control, records and documentation must be maintained. (114000) 14.00 If food is found in the temperature danger zone due to improper implementation of time as a public health control, discard all food that is out of acceptable temperature ranges. Time only, rather than time in conjunction with temperature, may be used as the public health control for a working supply of potentially hazardous food before cooking or for ready-to-eat potentially hazardous food that is displayed or held for service for immediate consumption, only when the following requirements are met:
(1) The food shall be marked or otherwise identified to indicate the time that is four hours past the point in time when the food is removed from temperature control.
(2) The food shall be cooked and served, served if ready-to-eat, or discarded within four hours from the point in time when the food is removed from temperature control.
(3) The food in unmarked containers or packages marked to exceed a four-hour limit shall be discarded.
(4) Written procedures shall be maintained in the food facility and made available to the enforcement agency upon request, that ensures proper cooling if the food is prepared, cooked, and refrigerated before time is used as a public health control. 		(CDI) Observed the temperature of the sliced cheese was measured at 51 °F and did not have time control labeling on the container.
Failure to mark or otherwise identify containers to indicate the time that is four hours past the time when the food was removed from temperature control, while using time only, rather than time in conjunction with temperature, as the public health control. Cheese was discarded. 		0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
4-06-2022 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) 1.00 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 floor sink under the soda dispenser machine in the customer area is clogged and may overflow onto the floor soon. Repair so the floor sink properly drains. Clean the surrounding area as well as there is build up of debris from the drain lines. Repair the drain lines so they are positioned above the floor sink with a one inch air gap. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
4-06-2022 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 some gaskets on the fridge units in the cook line area were damaged and needs to be replaced. Repair/replace all damaged gaskets. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)


Rating on date 10-08-2019: Satisfactory (Total Points: 11.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
10-08-2019 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)) 		4.00 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.

 (REPEAT VIOLATION) Observed the lack of a notice to wash hands inside the restroom. Provide a posted notice to remind employees to wash their hands after visiting the restroom. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
10-08-2019 When time only, rather than time and temperature is used as a public health control, records and documentation must be maintained. (114000) 7.00 If food is found in the temperature danger zone due to improper implementation of time as a public health control, discard all food that is out of acceptable temperature ranges. Time only, rather than time in conjunction with temperature, may be used as the public health control for a working supply of potentially hazardous food before cooking or for ready-to-eat potentially hazardous food that is displayed or held for service for immediate consumption, only when the following requirements are met:
(1) The food shall be marked or otherwise identified to indicate the time that is four hours past the point in time when the food is removed from temperature control.
(2) The food shall be cooked and served, served if ready-to-eat, or discarded within four hours from the point in time when the food is removed from temperature control.
(3) The food in unmarked containers or packages marked to exceed a four-hour limit shall be discarded.
(4) Written procedures shall be maintained in the food facility and made available to the enforcement agency upon request, that ensures proper cooling if the food is prepared, cooked, and refrigerated before time is used as a public health control. 		Observed the containers of cheese lacking the required label for time control. Time was written on the containers during inspection. Manager furnished a variance that stated the cheese may be kept out for up to 8 hours. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)


Rating on date 9-04-2019: Unsatisfactory - reinspection required (Total Points: 15.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
9-04-2019 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.

 (REPEAT VIOLATION)(CDI) Observed lack of a visibly posted notice to inform patrons that the facility is inspected by the local health department. Maintain a sign in a conspicuous location to inform patrons that the facility is inspected. (A copy of the required notice is available on the Merced County Environmental Health website). One was posted up front during inspection.

Observed the lack of a posted handwashing sign inside the mens restroom. Provide a notice at all times. Failure to post a handwashing sign in each toilet room. 		0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
9-04-2019 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 vent/fan unit inside the restrooms not functioning and expelling air. Repair/replace so they are functioning in both restrooms. Toilet rooms shall be vented to the outside air by means of an openable, screened window, an air shaft, or a light-switch-activated exhaust fan, consistent with the requirements of local building codes. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
9-04-2019 Potentially hazardous foods shall be held at or below 41°/ 45°F or at or above 135°F. (113996, 113998, 114037, 114343(a)) 4.00 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 a batch of chicken nuggets was measured at 125F during inspection. Chicken nuggets were discarded by manager voluntarily. Keep all hot potentially hazardous food items at 135F and higher. Corrected during inspection. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
9-04-2019 When time only, rather than time and temperature is used as a public health control, records and documentation must be maintained. (114000) 7.00 If food is found in the temperature danger zone due to improper implementation of time as a public health control, discard all food that is out of acceptable temperature ranges. Time only, rather than time in conjunction with temperature, may be used as the public health control for a working supply of potentially hazardous food before cooking or for ready-to-eat potentially hazardous food that is displayed or held for service for immediate consumption, only when the following requirements are met:
(1) The food shall be marked or otherwise identified to indicate the time that is four hours past the point in time when the food is removed from temperature control.
(2) The food shall be cooked and served, served if ready-to-eat, or discarded within four hours from the point in time when the food is removed from temperature control.
(3) The food in unmarked containers or packages marked to exceed a four-hour limit shall be discarded.
(4) Written procedures shall be maintained in the food facility and made available to the enforcement agency upon request, that ensures proper cooling if the food is prepared, cooked, and refrigerated before time is used as a public health control. 		(CDI) Observed the tomatoes on the sandwich prep line was measured at 50F during inspection and had a label that said to discard by 9/3/19. Inspection was conducted on 9/4/19. Tomatoes were voluntarily discarded during inspection. When using time control be sure to switch out and provide proper dates and times on time control procedure. Corrected during inspection. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)