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Facility: Kemp BBQ
Address: 374 Fifth St., Gustine, CA

The most recent inspection of this food facility resulted in a rating of
Satisfactory (Total Points: 8.00)
0-6  Points: Good
7-13 Points: Satisfactory
14+  Points: Unsatisfactory
Rating on date 1-09-2020: Satisfactory (Total Points: 8.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
1-09-2020 No sleeping accommodations shall be in any room where food is prepared, stored or sold. (114285, 114286) 0.00 A private home shall not be used for the purpose of giving away, selling, or handling food at retail (except for non-perishable prepackaged food within shelf life).

No sleeping accommodations shall be allowed, maintained or kept in any room where food is prepared, stored, or sold. Living or sleeping quarters located on the premises of a food facility shall be separated from rooms and areas used for food facility operations by complete partitioning.
NOTE: Employee lounge area is separated from the main seating / prep areas by a wall / pony wall materials. No mattress or other "living in" evidence observed. Second (right) restroom being used for storage only. Conversation with the operator during the inspection indicates the operator is aware that sleeping / living quarters are not allowed inside of a permitted retail food facility, and that he will maintain the space as an employee lounge area only. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
1-09-2020 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 addition of a half wall / "pony" wall that is approximately six feet high that has been added on the rear left portion of the facility to partition the hallway to the bathroom off from the employee lounge / food station areas. Wall is unfinished / unsealed wood. Seal, repair, or replace surfaces such that they are smooth, easily cleanable, non porous, and meet a commercial grade standard, such as by sealing and leveling joints / screw holes and painting with high gloss paint. Ensure surfaces are smooth and level when finished, and are able to repel liquids / "bead" water for ease of cleaning. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
1-09-2020 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.
(1) Observed the Faberware toaster oven in the front counter area that is rated for household use / not marked as rated for commercial use. Remove or replace all non commercially rated equipment. Have all new or replacement equipment approved by MCDEH in writing **prior** to installation or use. Oven removed / corrected during inspection.

(2) Observed the flat griddle under the hood area that is rated for household use / not marked as rated for commercial use. Remove or replace all non commercially rated equipment. Have all new or replacement equipment approved by MCDEH in writing **prior** to installation or use. Griddle removed / corrected during inspection.

(3) Observed a styrofoam 'box' in the front counter area used for holding sandwich rolls / bread that is not marked as rated for commercial use. Remove or replace all non commercially rated equipment. Have all new or replacement equipment approved by MCDEH in writing **prior** to installation or use. Styrofoam box removed / corrected during inspection.

(4) Observed a partially sealed / varnished wood plank being used as a counter extension near the hood area that is not approved as a commercial grade surface. Remove or replace all non commercially rated equipment / surfaces. Have all new or replacement counter / prep surface items approved by MCDEH in writing **prior** to installation or use. Wood plank removed / corrected during inspection.

(5) Observed the turkey roaster used to hold meat on the small Pepsi branded refrigerator that is rated for household use / not marked as rated for commercial use. Remove or replace all non commercially rated equipment. Have all new or replacement equipment approved by MCDEH in writing **prior** to installation or use. Turkey roaster removed / corrected during inspection.

All new and replacement food-related and utensil-related equipment shall be certified or classified for sanitation by an American National Standards Institute (ANSI) accredited certification program / otherwise approved for commercial use by the enforcing agency (MCDEH).

NOTE: if approval for a heating / cooking / rethermalizing unit is obtained from MCDEH for a unit whose maximum temperature setting is 270ºF or higher, please also provide an Air Balance Report for the hood to MCDEH that is not more than five years old.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
1-09-2020 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) 6.00 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. REPEAT: Observed lack of proof that a current employee of this establishment holds a Food Safety Manager Class certificate that is no more than five years old. Maintain a copy of the original certificate for at least one current employee at the facility location. The food managers certificate that is earned by the employee or owner may be used at only one location. Obtain a certificate from an American National Standards Institute approved food handling/food safety examination; if no one holds a current food safety certificate, submit proof of class enrollment within 30 days, and submit a copy of the Food Manager Certificate itself ASAP (60 days max). 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
1-09-2020 No violations were noted during this inspection. 0.00 This food facility currently meets California Retail Food Code requirements, and is authorized by the Merced County Division of Environmental Health to be open for business. The permit is issued to the current business owner of record and is non-transferable. No violations noted in the OPEN AIR BBQ portion of the facility during this inspection. 0148 OPEN-AIR BBQ


Rating on date 9-25-2019: Good (Total Points: 6.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
9-25-2019 All food employees shall have adequate knowledge of and be trained in food safety as it relates to their assigned duties. The person in charge shall have adequate knowledge of, and shall educate employees of the food facility regarding major food allergens. (113947) Food facilities that prepare, handle or serve non-prepackaged potentially hazardous food, shall have an employee who has passed an approved food safety certification examination. (113947-113947.1) 0.00 The responsibilities of the staff member certified in food safety include ensuring that all employees who handle, or have responsibility for handling, unpackaged foods of any kind have sufficient knowledge to ensure the safe preparation and /or service of the food. The nature and extent of the knowledge that each employee is required to have may be tailored, as appropriate, to the employee's duties related to food safety issues. REMINDER: Provide a copy of the certificate for the completed Food Manager Safety Class to MCDEH within 60 days. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
9-25-2019 The premises of each food facility shall be kept clean and free of litter and rubbish; all clean and soiled linen shall be properly stored; non-food items shall be stored and displayed separate from food and food-contact surfaces; the facility shall be kept free of vermin. (114067 (j), 114123, 114143 (a) & (b), 114175, 114178, 114185, 114185.1, 114185.2, 114185.3, 114185.4, 114256, 114256.1, 114256.2, 114256.4, 114257, 114257.1, 114259, 114259.1, 114259.2, 114259.3, 114279, 114281, 114282) 2.00 All food facilities shall be kept clean, fully operative, and in good repair. A food facility shall at all times be so constructed, equipped, maintained, and operated as to prevent the entrance and harborage of animals, birds, and vermin, including, but not limited to, rodents and insects. The premises of each food facility shall be kept clean and free of litter, rubbish, and vermin.

Lockers or other suitable facilities shall be provided and used for the orderly storage of employee clothing and other possessions. Lockers or other suitable facilities shall be located in a designated room or area where contamination of food, equipment, utensils, linens, and single-use articles cannot occur. Dressing rooms or dressing areas shall be provided and used by employees if the employees regularly change their clothes in the facility.
Observed torn screen material on both the screen doors at the back of the facility that lead to the BBQ area. Repair / replace. Ensure facilities are maintained so as to prevent the entrance / harborage of vermin, including flies. Screening shall be sufficiently small (at least 16 mesh per square inch) to ensure fly exclusion. Until screen material is replaced, keep inner solid doors closed to prevent fly intrusion. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
9-25-2019 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 self closing mechanism on the employee restroom door. Spring added, but may need adjusted to ensure restroom door consistently / fully closes. Provide a consistent method to ensure the restroom door is fully self closing. Provide a fully functional self-closing device or self-closing hinges on the restroom door. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
9-25-2019 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 use of temporary tape to visually establish the six foot 'zone of control' around the BBQ unit during the initial inspection.

REMINDER: Submit photo proof of a more 'permanent' barrier setup to ensure the six foot 'zone of control' is properly maintained around the BBQ equipment in the designated area on the concrete slab behind the food facility during all times that food is being cooked in this location.

Unless alternative methods of food protection have been approved by Environmental Health, prepare and store food indoors. Carry the food to be cooked in the open-air barbecue or outdoor wood-burning oven outside in a clean covered container immediately before placing it in the barbecue or oven. ONLY actual cooking should occur at the pit/grill area. Use a separate / different covered container that has been washed / rinsed / sanitized to return cooked items to the kitchen area for further preparation activities.
0148 OPEN-AIR BBQ