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Facility: Don Mario Taco Shop
Address: 801 Martin Luther King Jr Way, Merced, 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 11-05-2020: Satisfactory (Total Points: 12.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
11-05-2020 Each food facility shall be kept free of live animals and vermin: rodents (rats, mice), cockroaches, flies.( 114259.1, 114259.4, 114259.5) 3.00 Live animals are not allowed in a food facility, except as specified in section 114259.5.

A food facility shall immediately cease operation when there is a vermin infestation that has resulted in the contamination of food contact surfaces, food packaging, utensils, food equipment, or adulteration of food(s). The food facility shall remain closed until:
(a) there is no longer evidence of a vermin infestation.
(b) all contaminated surfaces have been cleaned and sanitized.
(c) contributing factors such as cleaning, repairs, and the elimination of harborages have been resolved.

All contributing factors must be resolved as quickly as possible. If there is a vermin infestation that warrants a major violation, then the permit to operate may be suspended. Professional pest control may also be required as frequently as needed to prevent the infestation from recurring.
Observed flies dead and alive throughout the facility. The premises of each food facility shall be kept free of vermin.

Observed back door, front door, and service windows were being left open allowing entrance of flies. Keep closed.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
11-05-2020 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))
1.00 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.

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). 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
11-05-2020 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) 3.00 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.
Observed the paper towel dispenser at the hand sink in the kitchen opens when pulling the towel out. Repair it replace.

Observed the paper towel dispenser in the employee restroom is very loose and moves when trying to remove the towel. Tighten attachments.

Observed the customer restroom and kitchen soap dispensers open when pressed to release soap. Repair or replace.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
11-05-2020 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 top of the soda syrup rack is degraded and can no longer be properly cleaned. Evaluate and repair or replace.

Observed dirt, grime, and / or food particle buildup on all the following locations:
1) Kitchen paper towel dispenser
2) Kitchen soap dispenser
3) Walls of the prep and sink areas
4) Under soda fountain shelving
Improve cleaning frequency and methods to ensure all equipment is kept in an appropriate state of cleanliness; ensure all equipment surfaces are smooth and easily cleanable, and all potential food contact surfaces are sanitized on a regular basis.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
11-05-2020 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) 1.00 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 paint coming loose from the ceiling above the prep areas and in the customer restroom. Repair and repaint. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
11-05-2020 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 the handle of the Coca-Cola refrigerator is broken. Replace. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
11-05-2020 All poisonous substances, detergents, bleaches, and cleaning compounds shall be properly labeled and stored separate from food, utensils, packing material, and food-contact surfaces. (114254, 114254.1, 114254.2) 1.00 All poisonous substances, detergents, bleaches, cleaning compounds, and all other injurious or poisonous materials shall be stored and used only in a manner that is not likely to cause contamination or adulteration of food, food contact surfaces, utensils, or packaging materials. Poisonous or toxic materials shall be stored or displayed so they cannot contaminate food, equipment, utensils, linens, and single-use articles by separating the poisonous or toxic materials by spacing or partitioning and locating the poisonous or toxic materials in an area that is not above food, equipment, utensils, linens, and single-use articles. Equipment and utensil cleaners and sanitizers may be stored in warewashing areas for availability and convenience if the materials are stored to prevent contamination of food, equipment, utensils, linens, and single-use articles.

Containers of poisonous or toxic materials and personal care items shall bear a legible manufacturer's label. Working containers used for storing poisonous or toxic materials such as cleaners and sanitizers taken from bulk supplies shall be clearly and individually identified with the common name of the material. A container previously used to store poisonous or toxic materials shall not be used to store, transport, or dispense food, utensils, and linen.

Only those insecticides, rodenticides and other pesticides that are specifically approved for use in a food facility may be used. The use shall be in accordance with manufacturer's instructions.
Observed a can of enamel spray paint located in the steam table which may result in potential contamination of food products or food prep surfaces. Relocate all chemicals/ non food items so that they are stored in a distinctly separate area below and away from all food products and food prep surfaces, in such a way so as to eliminate potential contamination. Removed during inspection. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
11-05-2020 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) 1.00 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 dirt and grime buildup on the floors, toilet, and sink in the customer restroom. Improve cleaning frequency and methods to ensure all equipment is kept in an appropriate state of cleanliness; ensure all equipment surfaces are smooth and easily cleanable, and all potential food contact surfaces are sanitized on a regular basis.

Observed the toilet seat in the employee restroom is very loose. Tighten.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)


Rating on date 2-01-2019: Satisfactory (Total Points: 8.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
2-01-2019 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 posted notice to remind employees to wash their hands after visiting 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)
2-01-2019 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, 114185, 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 VIOLATION) Observed the sanitizer solution used to store wiping cloths measured at 0ppm. Sanitizer solution was corrected to 100PPM of chlorine during inspection. Keep sanitizer solution at 100PPM at all times for proper sanitizing. Be sure to store all multi-use wiping cloths inside the sanitizer solution when not in use to destroy bacteria. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)


Rating on date 12-28-2018: Unsatisfactory - reinspection required (Total Points: 16.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
12-28-2018 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.

Observed the lack of copy of the most recent inspection report. Keep a copy of the most recent inspection report at the facility at all times. One was provided at the end of inspection. Operator was also shown how to pull up their inspection report if they need another copy.

Observed the lack of a notice to remind employees to wash their hands. Provide a notice inside the employee restroom.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
12-28-2018 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) 2.00 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.
Observed the lack of paper towels in mounted paper towel dispenser. Paper towels were provided during inspection. Provide paper towels at all time for proper hand washing. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
12-28-2018 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. (CDI) Observed the water temperature at the two compartment sink measured at 111F. Water temperature was adjusted during inspection and reached 120F. Keep hot water temperature at a minimum of 120F for proper cleaning.

Observed the handle to turn on the hot water at the two compartment sink is missing. Provide.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
12-28-2018 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 numerous food items in the refrigeration units not being covered/protected from potential contamination when not under diligent preparation/use. Keep all food items covered at all times. Food items were covered during inspection. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
12-28-2018 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 large amount of build up of grease/gunk on the hood system area. Clean and increase frequency to prevent build up. Grease drippings is a potential contamination hazard.

Observed large amount of build up of grease/gunk underneath the flat top grill and burners. Clean and increase frequency to prevent build up.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
12-28-2018 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, 114185, 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 facility using multi-use wiping cloths and not storing them in sanitizer solution. Provide a container of sanitizer solution to store wiping cloths when using more than once. Sanitizer solution shall be at 100PPM of Chlorine. Use test strips to verify. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
12-28-2018 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 large amount of build up of grease/gunk/food items on the floor and walls near and under the cooking equipment. Clean/sanitize and increase frequency to prevent build up.

Observed a large hole in the ceiling directly above the two compartment sink. Operator states there was a leak and they should be getting the hold fixed soon. Repair so it is smooth and easily cleanable surface.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
12-28-2018 All potentially hazardous food shall be RAPIDLY cooled from 135°F to 70°F, within 2 hours, and then from 70°F to 41°F, within 4 hours. Cooling shall be by one or more of the methods outlined below. (114002, 114002.1) 0.00 Destroy all contaminated food. All potentially hazardous food must be rapidly cooled within the following time frames: from 135°F to 41°F or below within 6 hours and, during this time the decrease in temperature from 135°F to 70°F shall occur within the first 2 hours. Potentially hazardous food prepared from ingredients at ambient temperature shall be cooled within 4 hours to 41°F or less.

The rapid cooling of potentially hazardous foods shall be accomplished in accordance with the time and temperature criteria specified above by using one or more of the following methods based on the type of food being cooled:
(1) Placing the food in shallow pans.
(2) Separating the food into smaller or thinner portions.
(3) Using rapid cooling equipment .
(4) Using containers that facilitate heat transfer.
(5) Adding ice as an ingredient.
(6) Using ice paddles.
(7) Inserting appropriately designed containers in an ice bath and stirring frequently.
(8) In accordance with an approved HACCP plan or by other means that have been approved by the Division of Environmental Health.
Note: Discussed cooling methods that the operator uses. Instructed on proper cooling methods. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
12-28-2018 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 a missing piece for the toilet paper dispenser in the outside restroom. Repair/replace so toilet paper is dispensed in a sanitary method. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)