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Facility: Foster's Freeze
Address: 906 E. Pacheco Blvd, Los Banos, CA

The most recent inspection of this food facility resulted in a rating of
Satisfactory (Total Points: 7.00)
0-6  Points: Good
7-13 Points: Satisfactory
14+  Points: Unsatisfactory
Rating on date 11-20-2019: Satisfactory (Total Points: 7.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
11-20-2019 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) 3.00 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 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, obtain one within 30 days.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
11-20-2019 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) 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.
Vent/fan unit inside women's restroom comes on but does not provide adequate suction/air removal. Recommend having unit evaluated and repaired/adjusted. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
11-20-2019 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) 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.
Household grade microwave still present at the facility. Replace with commercial grade unit when microwave need replacing. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
11-20-2019 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) 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.
(REPEAT VIOLATION) Observed a crater in the floor next to the deep fryer. Repair so the floor is flushed, smooth and easily cleanable. Any areas of flooring that is starting to become rough and not smooth needs to be resealed so it is smooth, and easily cleanable. Flooring in back food prep area is a sealed epoxy.

If any remodeling/construction is done in restrooms or in the facility, plans must be submitted for approval to Environmental Health office prior to construction.

Flooring in the restroom is outdated and not approved. Restroom floor is constructed with VCT tile and rubber top set coving.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)


Rating on date 10-21-2019: Unsatisfactory - reinspection required (Total Points: 25.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
10-21-2019 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) 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 a crater in the floor next to the deep fryer. Repair so the floor is flushed, smooth and easily cleanable. Any areas of flooring that is starting to become rough and not smooth needs to be resealed so it is smooth, and easily cleanable. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
10-21-2019 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 bagged raw french fries was measured at 49F - 52F during inspection. All food items out of temperature by more than 10F was discarded during inspection. Keep all potentially hazardous food items at 41F and under or 135F and over.

Observed the temperature of sliced tomatoes as measured above 53F during inspection. Tomatoes were discarded during inspection. Keep all potentially hazardous food items at 41F and under or 135F and over. Tomatoes and other items are sitting in an ice, but ice was not enough to keep food items cold. Provide a water and ice mixture to cover all sides of submerged container to provided better temperature control.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
10-21-2019 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))
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 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).

Observed the lack of a posted health permit in a conspicuous location. Post a copy of permit in a conspicuous location for all to see.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
10-21-2019 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) 4.00 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.
(REPEAT VIOLATION) Observed the vent fan inside the women's restroom not functioning. Repair/replace so it is functioning.

Observed the lack of paper towels inside the dispenser at the hand wash station in the employee restroom. Provide paper towels in the dispenser at all times for proper hand washing.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
10-21-2019 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) 4.00 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. (REPEAT VIOLATION) Observed a water hose attached to the hot water heater lacking a back flow prevention hose bib. Provide a backflow prevention device on the hot water heater if connecting a hose to the unit. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
10-21-2019 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 use of a household grade microwave at the facility. Provide a commercial grade unit when existing microwave needs replacing. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
10-21-2019 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) 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 sanitizer solution used to store multi-use wiping cloths was measured at 0PPM during inspection. Sanitizer solution shall be at 100PPM of chlorine. Chlorine was added to solution during inspection.

Observed the use of multi-use wiping cloths and not being stored in sanitizer solution when not in use. Keep all wiping cloths in sanitizer solution when not in use and using multiple times.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
10-21-2019 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) 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 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, obtain one within 60 days. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)