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Facility: Klairs
Address: 711 Main St., Livingston, CA

The most recent inspection of this food facility resulted in a rating of
Satisfactory (Total Points: 12.00)
0-6  Points: Good
7-13 Points: Satisfactory
14+  Points: Unsatisfactory
Rating on date 3-04-2019: Satisfactory (Total Points: 12.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
3-04-2019 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) 2.00 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 labels on the prepackaged ice lack some of the required information. Provide complete labeling information as outlined in the corrective text on all prepackaged food items. 0110 RETAIL MARKET<2000 SQ FT (HM3)
3-04-2019 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, 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.
Observed initial check of rag bucket sanitizer strength was at less than 50 PPM. Failure to maintain proper concentration of sanitizing solution used for cleaning cloths. Bucket immediately changed, now reading 200+ PPM quat. Corrected during inspection. 0110 RETAIL MARKET<2000 SQ FT (HM3)
3-04-2019 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. 0110 RETAIL MARKET<2000 SQ FT (HM3)
3-04-2019 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. (1) Observed build up of dust debris on fan blade guards on cooler unit in walk-in refrigerator and/or freezer. Improve cleaning frequency so as to prevent a visible buildup of dust debris.

(2) Observed accumulation of debris in the floor sink in the small room next to the restroom where syrup boxes are on a rack. Increase cleaning frequency and efficacy to prevent the accumulation of visible residue in floor sink locations.

(3) Observed accumulation of plastic, cardboard, and random drink containers on the floor and beneath the display racks in the walk in cooler. Increase cleaning frequency in this location to prevent the accumulation of residue / debris, to prevent the unintended formation of vermin harborage. Also ensure open / "broken" cases of drink items are not left sitting directly on the floor in the walk in cooler. Ensure that all food is stored on smooth and easily cleanable storage surfaces that are a minimum of six inches off the floor.
0110 RETAIL MARKET<2000 SQ FT (HM3)
3-04-2019 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 old ice machine that no longer functions, not currently being used. Repair, repurpose, or remove the unused / non functional cooler. Failure to keep the premises of each food facility free of items that are unnecessary to the operation or maintenance of the facility, such as equipment that is not functional or is no longer used. Remove the unnecessary items. Keep the facility free of clutter. 0110 RETAIL MARKET<2000 SQ FT (HM3)
3-04-2019 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 rolls of toilet paper sitting on the back of the tank in the employee restroom, no toilet paper dispenser installed (refinished walls recently). Install a permanently mounted toilet tissue dispenser and keep toilet tissue in the dispenser for sanitary dispensing. Failure to provide permanently installed toilet tissue dispenser(s) in a restroom. 0110 RETAIL MARKET<2000 SQ FT (HM3)


Rating on date 12-11-2017: Satisfactory (Total Points: 8.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
12-11-2017 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) Observed lack of a screened window or functional ventilation system for the restroom. Repair / replace. Toilet rooms shall be vented to the outside air by means of an openable, screened window, an air shaft, or a light-switch-activated exhaust fan, consistent with the requirements of local building codes. 0110 RETAIL MARKET<2000 SQ FT (HM3)
12-11-2017 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 CO2 tanks near soda syrup box rack closet that is not secured. Ensure all pressurized cylinders are securely fastened to a rigid structure.

Observed improvement in the cleanliness of the hot chocolate machine water/powder mix area. Minor debris still present. Immediate cleaning performed. (CDI)
0110 RETAIL MARKET<2000 SQ FT (HM3)


Rating on date 11-08-2017: Unsatisfactory - reinspection required (Total Points: 22.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
11-08-2017 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 screened window or functional ventilation system for the restroom. Repair / replace. Toilet rooms shall be vented to the outside air by means of an openable, screened window, an air shaft, or a light-switch-activated exhaust fan, consistent with the requirements of local building codes. 0110 RETAIL MARKET<2000 SQ FT (HM3)
11-08-2017 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 minor splash buildup on soda machines. Per review of standard practices with employee, soda machine dispenser heads are taken apart and cleaned weekly. Increase the cleaning and sanitizing frequency for all low risk food contact surfaces (soda nozzles, ice scoops, coffee pots, dry item tongs, etc.) to not less than once in each 24 hour period, more often if needed. Ensure proper procedures are followed at the three compartment sink to ensure proper wash / rinse / sanitize procedures are followed. Test sanitizer daily to ensure proper strength is being mixed (200 ppm for 60 seconds for Quat ammonia). 0110 RETAIL MARKET<2000 SQ FT (HM3)
11-08-2017 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.
Observed multiple dry cloths in various locations in store being used to wipe surfaces multiple times. Cease this practice. Any terry cloth type wiping towels may only be used once unless properly laundered or sanitized between uses. Do not use cleaning cloths to wipe service counters, scales, and other surfaces more than once before laundering or sanitizing. 0110 RETAIL MARKET<2000 SQ FT (HM3)
11-08-2017 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. SECOND REPEAT: Observed lack of one inch minimum air gap between the drain lines going to the floor sink in front of the syrup boxes in the pantry near the restroom, and the rim height of the floor sink. Repair or modify piping so that the distance between the lowest edge of all drain pipes and the height of the floor sink rims allows for a minimum of a one inch air gap. 0110 RETAIL MARKET<2000 SQ FT (HM3)
11-08-2017 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 syrup residue buildup on the floor in front of the syrup box rack in the pantry room next to the restroom where the floor sink is. Increase cleaning frequency and efficacy to prevent the accumulation of visible residue.

Observed build up of dust debris on fan blade guards on cooler unit in walk-in refrigerator and/or freezer. Improve cleaning frequency so as to prevent a visible buildup of dust debris.
0110 RETAIL MARKET<2000 SQ FT (HM3)
11-08-2017 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 sink in the restroom area. 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.

Observed residue buildup / dingy appearance of hand washing sink in the restroom area. Increase cleaning frequency and efficacy.
0110 RETAIL MARKET<2000 SQ FT (HM3)
11-08-2017 An adequate, protected, pressurized, potable supply of hot water and cold water shall be provided at all times. (113953(c), 114099.2(b) 114101(a), 114189, 114192, 114192.1, 114195) 4.00 Provide hot and cold water under pressure through a mixing valve to each sink compartment. The water supply shall be from a water system approved by the health officer or the state department. An adequate, protected, pressurized, potable supply of hot water, at least 120°F, and cold water shall be provided.

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. Handwashing facilities shall be sufficient in number and conveniently located so as to be accessible at all times for use by food employees
SECOND REPEAT: Observed hot water at the three compartment sink reaches a maximum of 114ºF. Provide hot and cold water under pressure through a mixing valve to each sink compartment. Hot water shall be at least 120ºF. 0110 RETAIL MARKET<2000 SQ FT (HM3)
11-08-2017 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.
SECOND REPEAT: Observed residue buildup / leaking syrup / discarded lids and other debris beneath ICEE machine, and dust / debris accumulation on top of machine. Increase cleaning frequency and efficacy to prevent the accumulation of visible residue.

Observed significant buildup of congealed powder / water mix inside the head dispensing / water combining area of the hot chocolate machine. Back part of "shroud" is also broken out around the retaining screws. Repair to provide smooth and easily cleanable surfaces, and keep all surfaces of machine clean (inside and out).

Observed CO2 tanks near soda syrup box rack closet that is not secured. Ensure all pressurized cylinders are securely fastened to a rigid structure.
0110 RETAIL MARKET<2000 SQ FT (HM3)