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Facility: Wendy's Old Fashioned
Address: 1400 Martin Luther King Jr Way, Merced, CA

The most recent inspection of this food facility resulted in a rating of
Satisfactory (Total Points: 10.00)
0-6  Points: Good
7-13 Points: Satisfactory
14+  Points: Unsatisfactory
Rating on date 11-09-2018: Satisfactory (Total Points: 10.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
11-09-2018 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.
Observed the build up of soda syrup and other debris at the soda dispenser station. Clean/sanitize and increase frequency to prevent build up.

Observed the build up of food debris inside the microwave oven in the back next to the one compartment sink. Clean/sanitize and increase frequency to prevent build up.
0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
11-09-2018 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 lack of a floor drain cover at the floor drain in the back dry storage area. Provide. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
11-09-2018 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 employee drinks being stored above food items inside the walk-in fridge unit. Store drink items below facility food items or in a place/manner so that it will not potentially spill and contaminate food items.

Observed prepackaged sauces being stored on top of the oil storage container. Store all food items in a way to prevent contamination. Place items on the shelves where oil is not present.
0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
11-09-2018 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.
(CDI) Observed the lack of paper towels in the dispenser at the back hand wash station next to the three compartment sink. Provide paper towels at all time. Paper towels were inserted into dispenser during inspection.

Observed the hand wash sink in the front register area is leaking from the hot water faucet when turned on. Repair so there is no longer a leak.
0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
11-09-2018 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.
(CDI) Observed the air curtain was turned off at the back door. Keep air curtain on at all times when back door is opened. Air curtain was turned on during inspection. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS


Rating on date 12-22-2017: Good (Total Points: 4.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
12-22-2017 Any potentially hazardous foods cooked, cooled and subsequently reheated for hot holding or serving shall be brought to a minimum temperature of 165°F. (114014, 114016) 0.00 If, at the conclusion of the reheating process, it is discovered that the minimum reheating temperature has not been achieved, the reheating process should be continued until the food reaches the required temperature within the time frame allowed. If it is determined that the food has not been reheated in conformance with required procedures and has already been placed in a hot holding unit, the food shall be voluntarily discarded or impounded. Reminder: If reheating takes longer than 2 hours, food must be voluntarily discarded. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
12-22-2017 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 the presence of a leak under the 3 compartment sink. Repair or replace to prevent the leak. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
12-22-2017 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. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS


Rating on date 11-02-2017: Unsatisfactory - reinspection required (Total Points: 22.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
11-02-2017 Any potentially hazardous foods cooked, cooled and subsequently reheated for hot holding or serving shall be brought to a minimum temperature of 165°F. (114014, 114016) 7.00 If, at the conclusion of the reheating process, it is discovered that the minimum reheating temperature has not been achieved, the reheating process should be continued until the food reaches the required temperature within the time frame allowed. If it is determined that the food has not been reheated in conformance with required procedures and has already been placed in a hot holding unit, the food shall be voluntarily discarded or impounded. Observed chile being heated on the hot holding units. Staff states the approximate time to heat food to 165 was two hours or more. Reheating for hot holding shall be done rapidly, and the time the food is between 41ºF and 165ºF shall not exceed two hours. All parts of the food shall reach a temperature of at least 165ºF for 15 seconds. Ready-to-eat food taken from a commercially processed, hermetically sealed container, or from an intact package from a food processing plant shall be heated to a temperature of at least 135ºF for hot holding. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
11-02-2017 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. Each food facility that employs a food handler shall maintain records documenting that each food handler employed has a valid food handler card, and shall provide those records to the local enforcement officer upon request. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
11-02-2017 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.
Observed lack of the current health permit being posted within the facility. Ensure that the current valid health permit is posted within the facility. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
11-02-2017 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) 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 presence of a leak under the 3 compartment sink. Repair or replace to prevent the leak. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
11-02-2017 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 coving for the walk-in freezer has started to peel and accumulate debris. Repair or replace to provide a smooth and easily cleanable surface. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
11-02-2017 Potentially hazardous foods shall be held at or below 41°/ 45°F or at or above 135°F. (113996, 113998, 114037, 114343(a)) 7.00 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 patties was measured at 125 °F. Observed the temperature of the chilies was measured at 95°F. Hold all hot potentially hazardous foods at or above 135°F. Out of temperature items were reheated to an internal temperature of at least 165ºF for at least 15 seconds and then held at a temperature of at least 135°F. All foods out of temperature greater than 10°F were voluntarily discarded.

Observed the temperature of the salad refrigerator was measured at 45 °F. Observed the temperature of the patties in the cooling table next to the flat grill was measured at 47 °F. Keep all cold potentially hazardous foods at or below 41°F. Adjust and / or repair these units; do not use it for the storage of PHF (potentially hazardous food) items until it is shown to consistently capable of holding food at or below 41ºF at all times. Out of temperature items relocated to the walk-in refrigerator.
0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS