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Facility: Ostioneria Mayrita
Address: 341 N. Main St., Livingston, 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 5-03-2019: Good (Total Points: 0.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
5-03-2019 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 other violations were observed during today's inspection. Excellent work!! 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
5-03-2019 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) 0.00 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.
NOTE: observed a few spots in the kitchen area where the painted finish on the floor is starting to wear off in patches. Recommend repairing / resealing areas where concrete is starting to show through before damage becomes more extensive. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)


Rating on date 3-26-2018: Good (Total Points: 2.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
3-26-2018 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. All other violations from the previous inspection have been corrected. Good improvement overall. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
3-26-2018 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) 0.00 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. NOTE: ensure a copy of the second updated food handler card is also kept at the facility location (one card verified, other card still expired, but per staff class has been completed, needs to bring a copy to her boss). 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
3-26-2018 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 a marked improvement in the storage of all food and food related items at least six inches off the floor. Also observed a marked improvement in the separation of food and non food item storage.
Continue to work on separating the storage of food and non food items. Continue to remove items from the facility (both in the storage room and in the kitchen area especially in the back area behind the walk in / dish machine area) that are not necessary to the ongoing operation of the facility, to allow more / proper space and separation of the food and non food items that are being used in the facility on a regular basis.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)


Rating on date 2-15-2018: Unsatisfactory - reinspection required (Total Points: 18.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
2-15-2018 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 machine in use has both a chemical feed (chlorine sanitizer) and a built in thermometer for high heat. Chlorine test strips present, used to measure machine cycle, only reading ~10 ppm chlorine. Built in thermometer showing high 140's on temperature. Operator does not have readily available method to check actual temperature in machine other than the built in thermometer. First run of machine with inspector thermometer shows 156.8º, second run shows 159.5ºF.

Adjust / repair / service machine. Have applicable testing tools available and regularly use them to verify the machine is sanitizing at the appropriate strength or heat in use. Service call put in by the operator during the inspection.

Use the three compartment sink to wash / rinse / sanitize all food contact surfaces (manual = 100 ppm chlorine) at least until machine is repaired / consistently sanitizing mechanically (50 ppm chlorine or 160ºF at the utensil / food contact surface).
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
2-15-2018 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 two of the food handler cards for employees at this location expired in 2017. Obtain new cards and keep copies at the facility location. All individuals who are involved in the preparation, storage or service of food, including their supervisors, must have a Food Handler Card. The card must be obtained from a California Department of Health Services approved food handler card examination, and must be less than three years old. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
2-15-2018 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 painted/sealed floor in the kitchen and walk in cooler areas is worn in spots to the point the underlying concrete is exposed, coving may no longer be intact along all the wall/floor junctures. The floor integrity is significantly damaged around the floor drain near the grill / hood area also, and is no longer smooth and easily cleanable.

Repair, refinish, or replace the kitchen and walk in flooring. 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, easily cleanable, non porous, meet a commercial grade standard, be coved at the juncture of the floor and wall with a 3/8 inch minimum radius and shall extend up the wall at least 4 inches.

NOTE: if a change in the flooring material or flooring finish is desired, have a sample of the new flooring and matching integrated coving approved by MCDEH prior to installation. If a new type of flooring that does not meet code is selected and installed without pre approval, you may be required to remove / replace the flooring again with a type that does meet code requirements.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
2-15-2018 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) 4.00 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.



REPEAT: Observed various items in the storeroom, walk in cooler, under equipment, and in other locations around the kitchen sitting directly on the floor; also observed both food and nonfood items intermingled in the storage room, dish washing area (aloe vera plants on the integrated drain boards of the dish machine), and other spaces within the kitchen.

Ensure that all food and food contact items are stored on smooth and easily cleanable storage surfaces that are a minimum of six inches off the floor. Separate the storage of food and nonfood items throughout the kitchen and storage areas. Do not block or make difficult to use equipment and items required to be in the kitchen, such as handwashing sinks, prep sinks, three comp sinks, dish machine drain boards, and so on.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
2-15-2018 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 build up of dust debris on fan blade guards on cooler unit in walk-in cooler. Improve cleaning frequency so as to prevent a visible buildup of dust debris. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
2-15-2018 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) 2.00 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 both food and nonfood items intermingled in the storage room, dish washing area (aloe vera plants on the integrated drain boards of the dish machine), and other spaces within the kitchen, pots and pans on the floor under the stoves.

Separate the storage of food and nonfood items throughout the kitchen and storage areas. REMOVE UNNECESSARY ITEMS from the food facility to reduce potential vermin attraction and harborage, and do not block or make difficult to use equipment and items required to be in the kitchen, such as handwashing sinks, prep sinks, three comp sinks, dish machine drain boards, and so on.

Failure to keep the premises of each food facility free of items that are unnecessary to the operation or maintenance of the facility, such as equipment that is not functional or is no longer used, or items not necessary to the food preparation operation. Remove the unnecessary items. Keep the facility free of clutter.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
2-15-2018 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. REPEAT: Temperature of the pork in green sauce on the hot holding table was measured at 119-126 °F. Per staff, was boiling too hard and was turned down approximately 2 hours ago toward the end of lunchtime. Hold all hot potentially hazardous foods at or above 135°F. Pork / sauce returned to a pan on the stove and reheated to 167º. Steam table setting turned back up such that the pork will be held at a temperature of at least 135°F. Ongoing frequent monitoring of PHF food temperatures and stirring of items required both on hot and cold holding units. Corrected during inspection.

Observed some seafood items (shrimp and octopus) on the flip top cooler were initially measured at 46-48ºF. Per staff, had just closed cooler from lunch rush. Items in some bins are overfilled (max fill is approximately 1" below the top of the containers). Overfilled bins reduced / extra food put in bins in lower part of cooler. Recheck of top items after ~10 minutes (and after stirring) shows a drop of 8-10º. Ensure items on cold holding units are also stirred regularly, and temperatures are checked on a regular basis to ensure a temperature of 41º or lower at all times. Corrected during inspection.

Recommend the use of daily temperature logs to check and record temperatures for each hot and cold holding unit, to ensure items are stirred frequently and temperatures are checked and recorded regularly throughout the day by all staff.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)