Return To Restaurant Listing | Return to Environmental Health Homepage

Facility: Fail's Donut & Mini Mart
Address: 8414 Lander Ave., Hilmar, CA

The most recent inspection of this food facility resulted in a rating of
Good (Total Points: 4.00)
0-6  Points: Good
7-13 Points: Satisfactory
14+  Points: Unsatisfactory
Rating on date 11-07-2018: Good (Total Points: 4.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
11-07-2018 All food shall be separated and protected from contamination. (113984, 113986, 113988, 113990, 114060, 114067, 114069, 114077, 114079, 114089.1 (c), 114143 (c)) 4.00 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.
REPEAT: Observed loosely folded over bag of yeast / flour product on top of milk crate near Hobart mixer. Also observed open bag of cappuccino refill powder in cupboard below cappuccino machine. Ensure all food / ingredient items not currently in use are appropriately closed and protected so as to protect food items from potential contamination events and unintended vermin attraction. Bag food items securely closed. Corrected during inspection. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)


Rating on date 10-11-2018: Unsatisfactory - reinspection required (Total Points: 16.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
10-11-2018 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 buildup of food debris on the chassis / top / beneath Hobart mixer unit. Also observed dust debris buildup on fan blade guards of walk in cooler unit. Increase cleaning frequency of nonfood contact surfaces so as to prevent the accumulation of visible residue. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
10-11-2018 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 door to mens restroom was propped open with a bucket of spackle type product. Cease this practice. Keep restroom doors closed. Do not intentionally defeat the required self closing mechanism on the restroom door. Failure to provide a self-closing restroom door. Provide a self-closing device or self-closing hinges on the restroom door. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
10-11-2018 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 lack of usable test strips to measure the applicable manual sanitizer concentration; pack of strips was completely saturated (appeared to have ben dropped in water) and no immediate replacement strips were available. Obtain and use test strips to verify sanitizer is of sufficient strength to act as an appropriate manual sanitizing agent (100 ppm for chlorine, 200 ppm for quat ammonia). 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
10-11-2018 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 bin of ice in the slide top freezer container (for customers to use with their coffee) that has the ice scoop stored fully within the container. Modify the storage of the ice scoop such that the potential for the handle to touch the ice is prevented. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
10-11-2018 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 lack of cleaning cloths being used in conjunction with sanitizer solution to properly wipe surfaces between uses. Practical demonstration of proper two rag bucket method with appropriate sanitizer done during inspection. Ensure consistent use of sanitizer with rags whenever food surface wiping occurs. Do not re-use rags without sanitizing between uses in a bleach solution of not less than 100 PPM. Use same strength solution for sanitizing dishes under the modified wash / rinse / sanitize procedures at the two compartment sink. Failure to maintain proper concentration of sanitizing solution used for cleaning cloths. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
10-11-2018 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 backflow prevention devices being used with the sprayer / hose combinations currently installed at the janitorial sink and at the 2 compartment sink location. Provide backflow protection at all sink / hose bibb locations where hoses are being left attached. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
10-11-2018 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 boxes of cinnamon and yeast being stored on the same rack with chemicals and paint. Also observed cans of snuff being stored in the front counter refrigerator on shelves above the food items. Reorganize storage areas for food / food related items in such a way so as to preclude possible contamination, such as by separating the storage of food and non food items on separate racks, or if space restrictions will not allow complete separation, always store food above non food items to reduce the potential for drippage / contamination events.

Observed open bags / containers for several food items being stored in various locations throughout the facility, including refill bags of cappuccino mix, open flour bag, open baked items in freezers (turnovers, bagels, rising dough), and open trays of drying crumb topping for donuts. Ensure all food / ingredient items not currently in use are appropriately closed and protected so as to protect food items from potential contamination events.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
10-11-2018 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 shelf in front counter cooler that is lined with a flattened donut box. Also observed chip display unit rack whose shelf is also lined with flattened cardboard boxes. Cease this practice. Remove cardboard. Cardboard does not constitute a smooth, easily cleanable, and durable commercial grade surface. Do not render equipment or storage surfaces difficult to properly clean and sanitize. If surface no longer meets a smooth and easily cleanable commercial grade surface standard, properly repair or replace.

Observed food debris buildup along edges of glaze dipping station racks / trays. Per employee, unit is cleaned when fryer is cleaned, usually twice a week. Increase cleaning frequency so as to prevent the accumulation of visible residue, and to decrease the unintended attraction of vermin / rodents.

Observed shelf surfaces made of wood particle board and plywood, which are unsealed / potentially absorptive surfaces. Repair or replace so as to provide storage surfaces that are smooth and easily cleanable.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)


Rating on date 9-05-2017: Satisfactory (Total Points: 12.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
9-05-2017 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) 4.00 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.
REPEAT: Per prior discussion with staff, ham croissant breakfast sandwiches were being prepared at the front counter area. No handwashing facilities exist in the vicinity of the front counter area, no specific acceptable alternate location has been identified to be used by staff. Cease food preparation activities in areas where handwashing is not readily available. Failure to provide adequate access to handwashing facilities in a food preparation area.

Further discussion with owner shows an increased understanding of PHF food item safety, and the relationship between frequent handwashing, money handling, and sanitation issues. Until such time as a handwashing sink can be correctly and legally added at the front counter area, all food preparation activities MUST take place at the designated food prep station at the stainless steel table next to the 2 compartment sink in the kitchen that is currently conditionally allowed as the handwashing location in this food facility. Continued conditional approval of the 2 compartment sink for both handwashing and dish washing purposes is contingent on correct handwashing and dishwashing and sanitizing protocols are being consistently followed by all staff. An additional dedicated handwashing sink in the kitchen space may also be required if the conditional use of the 2 compartment sink for handwashing is revoked.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
9-05-2017 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) 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.
SECOND REPEAT: Soiled cloth towels observed next to toaster cutting board, on serving counters, by drink area, on sink drain board, and next to the cash register. Launder upon soiling, or keep in a sanitizer bucket of 100 ppm chlorine sanitizer solution at all times in between uses, or equivalent. Replace sanitizer solution whenever it becomes turbid. Do not repeatedly use soiled rags that are not stored in a sanitizer solution. Any cloth not stored in a sanitizer solution may only be used one time to wipe one surface before re-laundering. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
9-05-2017 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) 4.00 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: Observed edge of freezer containing frozen pastry items that is broken, insulation exposed, and no longer meets a smooth and easily cleanable commercial grade standard. Properly repair or remove this unit. Do not keep equipment in the food facility that is no longer smooth and easily cleanable. All equipment in a food facility should meet a commercial grade standard.

REPEAT: Observed one Hobart unit has been cleaned and is in use, second Hobart still shows a buildup of food and flour debris on and under the unit. Repair and clean, or remove the unit if it is no longer to be used.

REPEAT: Observed glaze bins with corners broken out for utensil handles, sharp / jagged edges. Replace cracked / broken bins / lids such that all food contact items are smooth, easily cleanable, and meet a commercial grade standard. Do not intentionally damage or defeat the smooth commercial grade finishes on food storage containers.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)