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Facility: Burger King #2671
Address: 525 Pacheco Blvd, Los Banos, CA

The most recent inspection of this food facility resulted in a rating of
Satisfactory (Total Points: 7.00)
0-6  Points: Good
7-13 Points: Satisfactory
14+  Points: Unsatisfactory
Rating on date 4-19-2024: Satisfactory (Total Points: 7.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
4-19-2024 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 that ice container at service window beverage station was left open while not in use. Protect food from contamination above when not actively being portioned or prepped. CDI 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
4-19-2024 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. 		1. Observed freezer condensor was iced over and causing ice to fall onto the food boxes below. Repair to prevent contamination of food storage containers. all equipment shall be properly maintained.
2. Observed Fanta Slushy machine drain gate was rusted. Rust is a food contaminate and does not constitute a smooth easily cleanable surface. Repair. 		0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
4-19-2024 The premises of each food facility shall be kept clean and free of litter and rubbish; all clean and soiled linen shall be properly stored; non-food items shall be stored and displayed separate from food and food-contact surfaces; the facility shall be kept free of vermin. (114067 (j), 114123, 114143 (a) & (b), 114175, 114178, 114185, 114185.1, 114185.2, 114185.3, 114185.4, 114256, 114256.1, 114256.2, 114256.4, 114257, 114257.1, 114259, 114259.1, 114259.2, 114259.3, 114279, 114281, 114282) 1.00 All food facilities shall be kept clean, fully operative, and in good repair. A food facility shall at all times be so constructed, equipped, maintained, and operated as to prevent the entrance and harborage of animals, birds, and vermin, including, but not limited to, rodents and insects. The premises of each food facility shall be kept clean and free of litter, rubbish, and vermin.

Lockers or other suitable facilities shall be provided and used for the orderly storage of employee clothing and other possessions. Lockers or other suitable facilities shall be located in a designated room or area where contamination of food, equipment, utensils, linens, and single-use articles cannot occur. Dressing rooms or dressing areas shall be provided and used by employees if the employees regularly change their clothes in the facility. 		1. Observed service window was automatically locking when opened completely. service windows shall close automatically. train staff to keep window closed when not actively in use. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
4-19-2024 Potentially hazardous foods shall be held at or below 41°/ 45°F or at or above 135°F. (113996, 113998, 114037, 114343(a)) 3.00 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. 1. observed coffee and milk fridge at front temped above 41 degrees and premixed coffee and open milk measured 45F. all PHF within 10 degrees out of temp were moved to a fridge temping below 41 degree. Do not store Potentially hazardous food (PHF) in this fridge until it is repaired to consistently temp below 41F 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
4-19-2024 Food shall be stored in an approved manner, in approved containers and labeled as to contents. Food shall be stored at least 6" above the floor on approved shelving. (114047, 114049, 114051, 114053, 114055, 114067(h), 114069) 1.00 Provide adequate and suitable space for the storage of food. Store food at least 6 inches off the floor. Store bulk food not stored in original packaging in containers identifying the food by common name. Food shall not be stored in locker rooms, restrooms, dressing rooms, refuse areas, or mechanical rooms; under open stairwells; under lines on which water has condensed; under leaking water lines, including leaking automatic fire sprinkler heads: or under sewer lines that are not shielded to intercept potential drips.

Only prepackaged nonpotentially hazardous food or uncut produce may be displayed or sold outdoors by a food facility if outdoor displays have overhead protection that extends over all food items, and if all food items from the outdoor display are stored inside the fully enclosed food facility at all times other than during business hours.

Products that are held by the permit holder for credit, redemption, or return to the distributor, such as damaged, spoiled, or recalled products, shall be segregated and held in designated areas that are separated from food, equipment, utensils, linens, and single-use articles. All returned or damaged food products and food products from which the label has been removed shall be separated and stored in a separate area and in a manner that shall prevent adulteration of other foods and shall not contribute to a vermin problem.



 1. Observed tartar sauce was left out at room temp and unlabeled. Facility labeled the sauce and provided documentation that it can be left at room temp. Ensure all food is properly labeled. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS


Rating on date 11-01-2021: Good (Total Points: 0.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
11-01-2021 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 the inspection. All previous violations were corrected. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS


Rating on date 9-29-2021: Unsatisfactory - reinspection required (Total Points: 19.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
9-29-2021 The premises of each food facility shall be kept clean and free of litter and rubbish; all clean and soiled linen shall be properly stored; non-food items shall be stored and displayed separate from food and food-contact surfaces; the facility shall be kept free of vermin. (114067 (j), 114123, 114143 (a) & (b), 114175, 114178, 114185, 114185.1, 114185.2, 114185.3, 114185.4, 114256, 114256.1, 114256.2, 114256.4, 114257, 114257.1, 114259, 114259.1, 114259.2, 114259.3, 114279, 114281, 114282) 1.00 All food facilities shall be kept clean, fully operative, and in good repair. A food facility shall at all times be so constructed, equipped, maintained, and operated as to prevent the entrance and harborage of animals, birds, and vermin, including, but not limited to, rodents and insects. The premises of each food facility shall be kept clean and free of litter, rubbish, and vermin.

Lockers or other suitable facilities shall be provided and used for the orderly storage of employee clothing and other possessions. Lockers or other suitable facilities shall be located in a designated room or area where contamination of food, equipment, utensils, linens, and single-use articles cannot occur. Dressing rooms or dressing areas shall be provided and used by employees if the employees regularly change their clothes in the facility. 		Observed an employee bike is kept in the restaurant in conjunction with food items. Find a suitable space for the storage of the bike. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
9-29-2021 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. 		(REPEAT VIOLATION) (CDI) Observed the 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. Food items were missing the proper labels and time expiration. All food items out of time range was discarded during inspection. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
9-29-2021 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 the build up of grease/debris on the charboiler and deep fryer hood unit. Clean and increase cleaning frequency to prevent build up. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
9-29-2021 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) 1.00 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 lack of a valid/working thermometer in all refrigerator units that hold potentially hazardous food items. Provide one in all units at all times. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
9-29-2021 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 VIOLATION) Observed the build up of debris on the bottom side of the soda dispenser in the self-service area and drive-thru area where the soda is dispensed. Clean/sanitize and increase frequency to prevent build up. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS


Rating on date 5-29-2019: Satisfactory (Total Points: 13.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
5-29-2019 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 temperature of the hand washing water inside the women's restroom was measured at 72F during inspection. Repair so that hot water is between 100F - 108F for proper hand washing.

Observed the lack of soap inside the dispenser inside the men's restroom. A new container was added during inspection. 		0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
5-29-2019 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 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. Food items were stated to be discarded by 2:00 PM and were still being used during inspection at about 2:15 PM. All food items out of time range was discarded during inspection. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
5-29-2019 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 build up of debris inside the floor drain underneath the drive thru soda machine. Clean/sanitize and increase frequency to prevent build up.

Observed lack of one inch minimum air gap between the drain lines under the drive-thru soda machine 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.

Observed lack of one inch minimum air gap between the drain lines under the ice machine 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. 		0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
5-29-2019 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. 		Observed the fridge unit in the front section next to the cash register was measured at 45F - 46F during inspection. Have the unit repaired/replaced so the temperature is at 41F and under. Do not store any potentially hazardous food items in this unit.

Observed the build up of debris on the bottom side of the soda dispenser where the soda is dispensed. Clean/sanitize and increase frequency to prevent build up. 		0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS