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Facility: Frosty King
Address: 9510 Stephens St. Ste B, Delhi, 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 5-17-2019: Good (Total Points: 4.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
5-17-2019 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 paint finish on concrete floor areas is wearing off especially in walkway areas. Manager states plan to resurface floor within the next 30-60 days hopefully (as soon as he gets the dates arranged with the contractor). Quarry tile and matching cove already purchased, sample tile examined and approved. Recommend installation with epoxy grout to increase longevity of flooring installation. Ensure coving is properly installed so that it meets the floor tile height and properly extends up the wall at least four inches, with a 3/8" radial curve at the floor / wall juncture. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
5-17-2019 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 several 'bag in a box' items in the freezers (corn dogs, meat patties, etc) that were not fully closed / uncovered / not protected from potential contamination. Ensure all food not under diligent preparation is appropriately covered with non porous lid or covering material to protect from potential contamination. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
5-17-2019 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 right door handle liner on the 2 door Atosa freezer is cracking / separating from the main part of the door, adhesive material visible behind cracking portion of handle on upper edge. Repair / replace damaged handle such that all surfaces are smooth, easily cleanable, and meet a commercial grade standard. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS


Rating on date 5-14-2018: Good (Total Points: 2.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
5-14-2018 A food facility shall not be open for business without a valid permit. (114067(b) & (c), 114365, 114365.5, 114381, 114381.1 114381.2, 114387, 114390) 0.00 Pay the required annual permit fees. Renewal fees for existing permits for each calendar year are assessed and due in January of each year.

For purposes of enforcement, an enforcement officer may, during the facility's hours of operation and other reasonable times, enter, inspect, issue citations to, and secure any sample, photographs, or other evidence from a food facility or any facility suspected of being a food facility, or a vehicle transporting food to or from a retail food facility, when the vehicle is stationary at an agricultural inspection station, a border crossing, or at any food facility under the jurisdiction of the enforcement agency, or upon the request of an incident commander. It is a violation for any person to refuse to permit entry or inspection, or interfere with the performance of the duties of an enforcement officer, including making verbal or physical threats or sexual or discriminatory harassment.

Close the facility until a permit is obtained from the Division of Environmental Health.
REMINDER to obtain / post the required Soft Serve license from CDFA for the two soft serve machines in operation on site (copy of application and check provided, have not received certificate yet). Unable to locate certificate from last year. Do not operate the soft serve machines without the proper licenses. Once received, email copy to: LChildress@co.merced.ca.us 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
5-14-2018 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. Excellent improvement overall. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
5-14-2018 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 the one handle Taylor soft serve machine is currently out of order, not in use, assessing the financial feasibility of repairs, estimate may be 30-60 days. If the machine is not to be repaired, remove the non functional equipment to reduce the potential for vermin harborage. Any equipment remaining at the facility location must be kept clean and functional. Failure to keep all food related equipment clean, fully operative, and in good repair. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS


Rating on date 4-09-2018: Unsatisfactory - reinspection required (Total Points: 24.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
4-09-2018 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 one inch minimum air gap between the drain lines under the soda fountain in the customer area 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
4-09-2018 All food contact surfaces of utensils and equipment shall be clean and sanitized. (113984(e), 114097, 114099.1, 114099.4, 114099.6, 114101 (b-d), 114105, 114109, 114111, 114113, 114115 (a, b, d), 114117, 114125(b), 114135, 114141) 2.00 A food facility that prepares food shall not be operating if there is no method to properly clean and sanitize equipment or utensils. A food facility shall not be operating if there is gross contamination of food contact surfaces that may result in the contamination of food products. Observed sponges in a bucket in the three compartment sink near the dish soap. Remove / discard sponges. Sponges cannot be effectively and consistently sanitized, and shall not be used in contact with cleaned and sanitized food-contact surfaces or in-use food-contact surfaces. Clean and sanitize all contaminated utensils and other surfaces that may have been contaminated. Discard all food which has been in contact with contaminated surfaces. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
4-09-2018 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 lack of paper towels in a functioning paper towel dispenser or a functioning air hand drying unit adjacent to the hand washing sinks near the front counter, in the back of the kitchen, and in the restroom. Provide a functioning paper towel dispenser adjacent to the handwashing sink and keep paper towel dispensers properly filled, or an air hand drying unit functional, to provide a sanitary method for hand drying at all times. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
4-09-2018 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.
(1) Observed clear type package sealing tape being used to hold the "Flavor Burst" selector unit on the side of the single handle Taylor machine. Cease this practice. Remove tape. Tape 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 at the required frequency.

(2) Observed the broken handle on the walk in cooler has been temporarily repaired with a loop of material covered in several layers of electrical tape. Per staff, replacement latch has been ordered. Repair latch so as to meet the originally approved commercial grade standard. Do not use tape to repair commercial equipment / render surfaces difficult to clean and sanitize at the required frequencies.

(3) Observed the ANSUL tag at the pull station indicates a last service dat of 4/4/2017. Have this unit serviced at the required frequency.
0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
4-09-2018 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 lack of a consistently functioning self closing device for the restroom doors. Provide the required self closing mechanism. Do not leave restroom doors intentionally propped open during operating hours. Failure to provide a self-closing restroom door. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
4-09-2018 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.
(1) Observed cleaning cloth being used as a 'catch tray' supplement under the three handled Taylor unit dispenser heads. Cease this practice. Do not use wiping cloths to cover smooth surfaces that should be regularly cleaned and sanitized.

(2) Observed "dry" cleaning cloths being left on counters / used in multiple locations around the kitchen that are not being kept in sanitizer solution between uses. Cease this practice. Do not use rags / cloths more than one time unless they have been properly sanitized (immersed for at least 30 seconds in a 100 ppm bleach solution, or immersed for at least 60 seconds in a 200 ppm quat ammonia solution), in order to minimize the potential for cross contamination.

(3) Observed dry terry cloth towel draped over paper towel dispenser at front handwashing sink, paper towel dispenser empty. Cease this practice. Terry cloth towel removed, paper towel dispenser immediately filled. Corrected during inspection.
0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
4-09-2018 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 bags and boxes of ready to fry items (breaded patties, onion rings, etc) in the reach in freezer across from the fryers that were open / uncovered / not protected from potential contamination. Close bags and boxes. Ensure all food not under diligent preparation is appropriately covered with non porous lid or covering material to protect from potential contamination. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
4-09-2018 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 refrigerator. Improve cleaning frequency so as to prevent a visible buildup of dust debris. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
4-09-2018 A food facility shall not be open for business without a valid permit. (114067(b) & (c), 114365, 114365.5, 114381, 114381.1 114381.2, 114387, 114390) 2.00 Pay the required annual permit fees. Renewal fees for existing permits for each calendar year are assessed and due in January of each year.

For purposes of enforcement, an enforcement officer may, during the facility's hours of operation and other reasonable times, enter, inspect, issue citations to, and secure any sample, photographs, or other evidence from a food facility or any facility suspected of being a food facility, or a vehicle transporting food to or from a retail food facility, when the vehicle is stationary at an agricultural inspection station, a border crossing, or at any food facility under the jurisdiction of the enforcement agency, or upon the request of an incident commander. It is a violation for any person to refuse to permit entry or inspection, or interfere with the performance of the duties of an enforcement officer, including making verbal or physical threats or sexual or discriminatory harassment.

Close the facility until a permit is obtained from the Division of Environmental Health.
REMINDER to obtain / post the required Soft Serve license from CDFA for the two soft serve machines in operation on site (copy of application and check provided, have not received certificate yet). Unable to locate certificate from last year. Do not operate the soft serve machines without the proper licenses. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
4-09-2018 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 finish on the floor in the kitchen / food prep areas is scarred, finish coming off the concrete in places, may be exposing unsealed concrete beneath, and 'patchwork' appearance makes it difficult to tell if all food particulate is being effectively removed. Re-seal the floor so as to provide an appropriate surface that is easy to clean and maintain. A "like for like" replacement of the existing floor finish is allowed. If a different type or kind of flooring is to be installed, have a sample of the new flooring material approved by MCDEH prior to installation. 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. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
4-09-2018 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 lack of knowledge of multiple employees as to the location / identity of the "pull station" for the fire suppressive action of the installed ANSUL unit. Further investigation located the pull station near the doorway by the walk in units, but it was blocked by stacked milk crates. Do not block safety equipment. Retrain all employees as to the location and proper use of safety equipment items as they relate to their job duties. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
4-09-2018 Potentially hazardous foods shall be held at or below 41°/ 45°F or at or above 135°F. (113996, 113998, 114037, 114343(a)) 2.00 Hold potentially hazardous foods either at or above 135°F or at or below 41°F. Hold the following potentially hazardous foods at 45°F: raw shell eggs, unshucked live molluscan shellfish, pasteurized milk and pasteurized milk products in original, sealed containers. Potentially hazardous foods held for dispensing in a serving line or a salad bar (not in a display case) may be held at 45°F or less during periods not to exceed 12 hours in any 24-hour period. Discard all potentially hazardous food that has been out of an approved time and temperature range. Observed the temperature of the vanilla soft serve base in the hopper of the one handle Taylor machine was measured at 45°F. Unit was also found to have stainless steel bins with melting ice floating in the vanilla base hopper compartment in an effort to try and keep the temperature down. Keep all cold potentially hazardous foods at or below 41°F at all times. Adjust and / or repair this unit; do not use it for PHF (potentially hazardous food) ice cream type products until it is shown to consistently capable of holding food at or below 41ºF via mechanical refrigeration at all times, without ice. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS