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Facility: Fruta Tropical
Address: 1439 Crowell St., Livingston, 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 11-18-2024: Satisfactory (Total Points: 7.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
11-18-2024 Any food is misbranded if its labeling is false or misleading, if it is offered for sale under the name of another food, or if it is an imitation of another food for which a definition and standard of identity has been established by regulation. (114087, 114089, 114089.1(a, b), 114090, 114093.1, 114377) 1.00 Present all food in a way that does not mislead or misinform consumers. Food or color additives, colored overwraps, lights or other misleading artificial means shall not be used to misrepresent the true appearance, color, or quality of a food.

The label shall contain the following information:
(1) The common name of the food.
(2) A list of ingredients in descending order of predominance by weight.
(3) The weight, count, or volume.
(4) The name and place of business of the manufacturer, packer, or distributor.
Nutrition labeling may also be required, and must be included when it is available from the manufacturer.

Food facility's or manufacturer's dating information, such as date codes or "use by" statements on packaging may not be concealed or altered.
Observed ice cream do not have properly label. Stop all sales until MCDEH is able to confirm that the ice cream is from an approved source. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
11-18-2024 All clean and soiled linens shall be properly stored; non-food items shall be stored and displayed separate from food and food-contact surfaces. (114185 - 114185.4) Utensils and equipment shall be handled and stored so as to be protected from contamination. (114067, 114074 - 114075, 114081, 114083, 114119, 114121, 114161, 114178, 114179, 114185, 114185.2, 114185.5) 1.00 Storage space for food, utensils, single-use articles, clean linens, and food-related equipment shall not be located in locker rooms, refuse rooms, mechanical rooms, under open stairwells, under lines on which water has condensed, under leaking water lines, under sewer lines that are not shielded to intercept potential drips, or under other sources of contamination.

During pauses in food preparation or dispensing, food preparation and dispensing utensils shall be stored in one of the following ways:
(1) in a potentially hazardous food with their handles above the top of the food and the container.
(2) if not a potentially hazardous food, with their handles above the top of the food within containers that can be closed.
(3) on a clean portion of the food preparation table or equipment if cleaned and sanitized at the required frequency.
(4) in running water of sufficient velocity to flush particulates to the drain.
(5) in a clean, protected location if the utensils, such as ice scoops, are used only with a food that is not potentially hazardous.
(6) in a container of water if the water is maintained at a temperature of at least 135°F and the container is cleaned at least every 24 hours or at a frequency necessary to preclude the accumulation of soil residues.

Observed ice scooper left on top of the ice cream machine. Ice scooper need to be store in a clean and protected location. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
11-18-2024 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) 1.00 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 knowledge of the location of a copy of the most recent health inspection at the facility location. Maintain a copy of the most recent health inspection at the facility location, and ensure that employees are aware of its whereabouts and can provide a copy for customer inspection during all hours of operation. A new copy of most recent inspection report is being provided to the facility on this date. Corrected during inspection. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
11-18-2024 All food shall be separated and protected from contamination. (113984, 113986, 113988, 113990, 114060, 114067, 114069, 114077, 114079, 114089.1 (c), 114143 (c)) 1.00 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 cut pineapples and strawberries in the refrigerator that was 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. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
11-18-2024 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) 3.00 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 inside the three compartment sink. Sponges 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. Discard all food which has been in contact with contaminated surfaces. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)


Rating on date 1-04-2023: Good (Total Points: 0.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
1-04-2023 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 observed 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)


Rating on date 3-18-2020: Good (Total Points: 6.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
3-18-2020 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. (1) Observed counter area on the customer side of the register has been repaired with unfinished wood and screws, exposed/broken grout and sealant type materials, and does not constitute a smooth and easily cleanable surface. Repair or replace non commercial grade surfaces such that they are smooth, easily cleanable, and non porous.

(2) Observed residue from spills and minor food debris buildup in the lower portions of some cupboards and around the edges of the flip top coolers and other storage areas. Improve cleaning frequency so as to prevent the accumulation of visible residue and possible rodent / vermin attraction.

(3) Observed gouge in the wall of the customer area, paint peeling. Refinish / repair damaged area.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
3-18-2020 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.
(1) Observed lack of paper towels in a functioning and intact paper towel dispenser or a functioning air hand drying unit adjacent to the hand washing sink in the employee hallway. 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.

(2) Observed lack of soap in an approved dispenser at the handwashing sink in the front counter area. Keep an approved soap dispenser filled and functional at all times for handwashing purposes.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
3-18-2020 Food facilities that prepare food shall be equipped with warewashing facilities. Testing equipment and materials shall be provided to measure the applicable sanitization method. (114067(f,g), 114099, 114099.1, 114099.2, 114099.3, 114099.4, 114099.5, 114099.6, 114099.7, 114101, 114101.1, 114101.2, 114103, 114107, 114125) 1.00 Provide a sink with at least 3 compartments with 2 integral metal drainboards. The sink compartments and drainage facilities shall be large enough to accommodate the largest utensil or piece of equipment to be cleaned therein.

Clean the utensils in one of the following ways:

(1) Manual warewashing shall be accomplished by using a 3-compartment sink where the utensils are first pre-cleaned, then washed, rinsed, sanitized, and air dried. The temperature of the washing solution shall be maintained at not less than 100°F or the temperature specified on the cleaning agent manufacturer's label instructions. The utensils shall then be rinsed in clear water before being immersed in a sanitizing solution. Manual sanitization shall be accomplished in the final sanitizing rinse by one of the following:
(a) Immersion for at least 30 seconds where the water temperature is maintained at 171°F or above.
(b) The application of sanitizing chemicals by immersion, manual swabbing, or brushing, using one of the following solutions:
(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 a solution of ozone that meets the requirements of Section 180.940 of Title 40 of the Code of Federal Regulations and that is generated by a device located onsite at the food facility that meets all of the requirements of 114099.6.
(c) Other methods approved by the enforcement agency.

(2) Mechanical machine warewashing shall be accomplished by using an approved machine installed and operated in accordance with the manufacturer's specifications. Soiled items to be cleaned in a warewashing machine shall be loaded in racks, trays, or baskets or onto conveyors in a position that exposes the items to the unobstructed spray during all cycles and allows the items to drain. Mechanical sanitization shall be accomplished in the final sanitizing rinse by one of the following:
(a) By being cycled through equipment achieving a utensil surface temperature of 160°F or above.
(b) The mechanical application of sanitizing chemicals by pressure spraying methods using one of the following:
(1) Contact with a solution of 50 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 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 both the sanitizer manufacturers use directions and the machine manufacturer's specifications.

Provide testing equipment and materials to adequately measure the applicable sanitization method.
Observed lack of test strips to measure the applicable manual sanitizer concentration. Obtain and use test strips to verify sanitizer is of sufficient strength to act as an appropriate manual sanitizing agent (100 ppm for chlorine). 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
3-18-2020 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 ambient air temperatures in the 3 door flip top cooler unit was measured at 41°F in the upper portion, 39°F in the right door, 40°F in the center, and 45°F in the left end. Adjust and / or repair this unit; do not use it for the display of PHF (potentially hazardous food) items until it is shown to consistently capable of holding food at or below 41ºF at all times. Unit turned all the way to the coldest setting, rechecked after approximately 20 minutes, left end area now reading 48°F. Troubleshoot / repair this unit. Do not use for PHF food storage or display until consistently holding the correct temperature in all areas (41ºF).

(2) Observed masking tape, painters tape, and duct tape used on various surfaces and equipment pieces in the facility (plexiglas dividers, side of ice shaver, around doorway into kitchen, etc). Cease this practice. Remove tape and sticky residues. Do not render surfaces difficult or impossible to properly clean and sanitize. If a surface or piece of equipment is damaged or no longer is smooth and cleanable, properly repair or replace to meet a commercial grade standard.

(3) Observed cardboard being used in multiple locations to line the wire racking type shelves in coolers and on storage racks. Cease this practice. Remove cardboard. Cardboard is not considered a smooth and easily cleanable commercial grade surface. Cardboard immediately removed. Corrected during inspection.

(4) Observed the lower gavanized storage shelf below the 'long' stainless steel prep table is rusted in multiple areas, and no longer constitutes a smooth and easily cleanable surface. Appropriately repair, replace, or remove such that all storage and prep surfaces are smooth, easily cleanable, non porous and meet the required commercial grade standard.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)