Return To Restaurant Listing | Return to Environmental Health Homepage

Facility: Texas Burger Drive In
Address: 380 4th St., Gustine, CA

The most recent inspection of this food facility resulted in a rating of
Satisfactory (Total Points: 12.00)
0-6  Points: Good
7-13 Points: Satisfactory
14+  Points: Unsatisfactory
Rating on date 2-25-2019: Satisfactory (Total Points: 12.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
2-25-2019 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) 4.00 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.
REPEAT: Observed numerous terry cloth towels in multiple locations being used more than once without a sanitizer bucket. Cease this practice immediately. Do not re-use towels without laundering or sanitizing the towels each time they are used, both in the food prep area and near the soda fountain. If towels are regularly used and re-used in the kitchen area, they must be used with a sanitizing solution of not less than 100 ppm chlorine which they must be in contact with for a minimum of 30 seconds each time after they are used and before they are re-used. Use of cleaning cloths to wipe service counters, scales, and other surfaces more than once before laundering or sanitizing. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
2-25-2019 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) 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.
(1) Observed door handle of walk in freezer is broken, replaced with a cloth type strap. Properly repair the broken door handle to meet the required commercial grade standard of smooth, easily cleanable and non porous.

(2) Observed the door gasket on the inside of the right door of the flip top cooler is torn / damaged. Replace the damaged door seal to provide surfaces that are smooth and easily cleanable.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
2-25-2019 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 a light fixture in a food / to go container storage area that lacks a shatterproof cover. Provide the required cover, or proof that bulb has an integrated plastic coating. 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. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
2-25-2019 An accurate easily readable metal probe thermometer suitable for measuring temperature of food shall be available to the food handler. A thermometer +/- 2°F shall be provided for each hot and cold holding unit of potentially hazardous foods and high temperature warewashing machines. (114157, 114159) 2.00 Have a thermometer accurate to within 2°F or 1°C in each hot and cold holding unit. Have a metal probe type thermometer readily available on premises (to all appropriate staff) that is calibrated in accordance with the manufacturer's specifications as necessary to ensure accuracy. Observed the built in thermometer for the walk in cooler is registering approximately 37 °F. Multiple measurements inside the unit show the interior temperature is approximately 10-12 °F warmer than what is indicated by the built in thermometer, no other thermometer present in this unit. Provide an accurate thermometer within plus or minus 2°F in all refrigeration / freezer units, in order to be able to properly monitor / ensure all PHF food items are being stored at the required temperatures (41°F or cooler). 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
2-25-2019 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) 0.00 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. REMINDER: Per discussion with staff, additional remodeling at this location is being planned to add a drive thru window. Prior remodel at this site was completed without submitting the required plans in advance for approval when walk in cooler was remodeled. Whenever a remodel is planned, obtain all required permits and plan approvals before beginning work.

Any construction, alteration, remodeling, or operation of a food facility shall be approved by the enforcement agency and shall be in accordance with all applicable local, state, and federal statutes, regulations, and ordinances, including but not limited to, fire, building, and zoning codes. Please note, work done that does not meet the requirements of code may be required to be brought up to code in order to allow the equipment to be used in the permitted food facility.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
2-25-2019 Potentially hazardous foods shall be held at or below 41°/ 45°F or at or above 135°F. (113996, 113998, 114037, 114343(a)) 2.00 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 sliced cheese in the walk in cooler was measured at 47 °F. Check of ambient air showed unit at 46-50 °F. Thought unit was in defrost cycle, seemed to be cooling down (dropped to 44 °F ambient), but recheck after 20 minutes showed unit was again hovering near 48-49°F ambient. 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. Out of temperature items relocated to both the walk in freezer and some items relocated to other smaller refrigerators around the kitchen food prep area. Do not store potentially hazardous food items in the walk in cooler until the unit is adjusted / repaired / capable of consistently holding temperature at or below 41 °F.

[Ok to store non-PHF items only in this unit (whole uncut produce, tortillas, sealed cans/bottles of shelf stable items) until it is repaired and consistently holding temperature at or below 41 °F]
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)


Rating on date 11-06-2017: Satisfactory (Total Points: 12.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
11-06-2017 Potentially hazardous foods shall be held at or below 41°/ 45°F or at or above 135°F. (113996, 113998, 114037, 114343(a)) 2.00 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 toppings on the burger 'flip top' topping cooler are overfilled on several bins (pickles, sliced tomatoes, sliced cheese, sliced onions), reading 43-49º on top. Explained about maximum fill lines on the bins. Manager lowered product level on sliced tomatoes and cheese to fill lines, tops of items now measuring 39-40ºF. Do not overfill bins on cold holding table. Corrected during inspection. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
11-06-2017 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 frayed nylon rope tied to handle of ice scoop, ice scoop hanging inside of ice machine. Cease this practice. Frayed rope does not constitute a smooth, easily cleanable commercial grade surface. Rope removed. Properly store scoop in such a way that it prevents the handle of the scoop from coming in contact with ice. Corrected during inspection. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
11-06-2017 All food shall be separated and protected from contamination. (113984, 113986, 113988, 113990, 114060, 114067, 114069, 114077, 114079, 114089.1 (c), 114143 (c)) 2.00 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 terry cloth towel that had been used to wipe up cutting board laying on top of a bin of shredded lettuce. Cease this practice. Do not cover food items with porous coverings such as terry cloth towels. Towel removed, top layer of lettuce discarded. Corrected during inspection. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
11-06-2017 Food facilities that prepare food shall be equipped with warewashing facilities. Testing equipment and materials shall be provided to measure the applicable sanitization method. (114067(f,g), 114099, 114099.1, 114099.2, 114099.3, 114099.4, 114099.5, 114099.6, 114099.7, 114101, 114101.1, 114101.2, 114103, 114107, 114125) 2.00 Provide a sink with at least 3 compartments with 2 integral metal drainboards. The sink compartments and drainage facilities shall be large enough to accommodate the largest utensil or piece of equipment to be cleaned therein.

Clean the utensils in one of the following ways:

(1) Manual warewashing shall be accomplished by using a 3-compartment sink where the utensils are first pre-cleaned, then washed, rinsed, sanitized, and air dried. The temperature of the washing solution shall be maintained at not less than 100°F or the temperature specified on the cleaning agent manufacturer's label instructions. The utensils shall then be rinsed in clear water before being immersed in a sanitizing solution. Manual sanitization shall be accomplished in the final sanitizing rinse by one of the following:
(a) Immersion for at least 30 seconds where the water temperature is maintained at 171°F or above.
(b) The application of sanitizing chemicals by immersion, manual swabbing, or brushing, using one of the following solutions:
(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 a solution of ozone that meets the requirements of Section 180.940 of Title 40 of the Code of Federal Regulations and that is generated by a device located onsite at the food facility that meets all of the requirements of 114099.6.
(c) Other methods approved by the enforcement agency.

(2) Mechanical machine warewashing shall be accomplished by using an approved machine installed and operated in accordance with the manufacturer's specifications. Soiled items to be cleaned in a warewashing machine shall be loaded in racks, trays, or baskets or onto conveyors in a position that exposes the items to the unobstructed spray during all cycles and allows the items to drain. Mechanical sanitization shall be accomplished in the final sanitizing rinse by one of the following:
(a) By being cycled through equipment achieving a utensil surface temperature of 160°F or above.
(b) The mechanical application of sanitizing chemicals by pressure spraying methods using one of the following:
(1) Contact with a solution of 50 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 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 both the sanitizer manufacturers use directions and the machine manufacturer's specifications.

Provide testing equipment and materials to adequately measure the applicable sanitization method.
Observed lack of test strips to measure the applicable manual sanitizer concentration. Obtain and use test strips daily to verify sanitizer is of sufficient strength to act as an appropriate manual sanitizing agent (100 ppm for chlorine, 200 ppm for quat ammonia) for both the third sink compartment and for the required rag sanitizing buckets. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
11-06-2017 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 numerous terry cloth towels in multiple locations being used more than once without a sanitizer bucket. Cease this practice immediately. Do not re-use towels without laundering or sanitizing the towels each time they are used. If towels are regularly used and re-used in the kitchen area, they must be used with a sanitizing solution of not less than 100 ppm chlorine which they must be in contact with for a minimum of 30 seconds each time after they are used and before they are re-used. Use of cleaning cloths to wipe service counters, scales, and other surfaces more than once before laundering or sanitizing. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
11-06-2017 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) 2.00 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 (old walk in roof damaged / rotten, box moved / replaced, re-use of existing cooler/condenser inside replaced box, changeover of old cooler space to food storage area, roof still damaged / lined with plastic pending completion of work) was observed without plans approved by the Division of Environmental Health. Manager also indicates no building permits have been taken out yet for the modifications in progress. Obtain all required permits. Any construction, alteration, remodeling, or operation of a food facility shall be approved by the enforcement agency and shall be in accordance with all applicable local, state, and federal statutes, regulations, and ordinances, including but not limited to, fire, building, and zoning codes. Submit information about the replaced equipment to this department for review and approval. Please note, work done that does not meet the requirements of code may be required to be brought up to code in order to allow the equipment to be used in the permitted food facility. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)