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Facility: Lupian's Mexican Restaurant
Address: 802 W. 16th St., Merced, CA

The most recent inspection of this food facility resulted in a rating of
Good (Total Points: 4.00)
0-6  Points: Good
7-13 Points: Satisfactory
14+  Points: Unsatisfactory
Rating on date 7-30-2019: Good (Total Points: 4.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
7-30-2019 Shellstock shall have complete certification tags and shall be properly stored and displayed. (114039 - 114039.5) 2.00 When received by a food facility, shellstock shall be reasonably free of mud, dead shellfish, and shellfish with broken shells. Dead shellfish or shellstock with badly broken shells shall be discarded.

Shellstock shall be obtained in containers bearing legible source identification tags or labels that are affixed by the harvester and each dealer that depurates, ships, or reships the shellstock. The harvester's or dealer's tag or label shall list:
(1) The harvester's or dealer's name and address.
(2) The harvester's certification number as assigned by the authority and the original shellstock shipper's certification number.
(3) The date of harvesting.
(4) The most precise identification of the harvest location or aquaculture site that is practicable based on the system of harvest area designations that is in use by the Shellfish Control Authority and including the abbreviation of the name of the state or country in which the shellfish are harvested.
(5) The type and quantity of shellfish.
(6) The following statement in bold, capitalized type: "THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR RETAGGED AND THEREAFTER KEPT ON FILE FOR 90 DAYS."
(7) The dealer's tag or label shall also indicate the original shipper's certification number, including the abbreviation of the name of the state or country in which the shellfish are harvested. A container of shellstock not bearing a tag or label, or bearing incomplete tags or labeling, shall be subject to a hold or seizure and destruction in accordance with 21 C.F.R. 1240.60(d).

Molluscan shellfish shall not be removed from the container in which they are received other than immediately before sale or preparation for service, except to display on ice, or dispense to consumer upon individual request, provided the shellfish is protected from contamination and label information is retained as specified in 114039.3 b & c.
Observed the facility is not keeping the tags once the box is empty.
Retain the shellfish certification tag or label for a period not less than 90 days from the date of harvest by using an approved recordkeeping system that keeps the tags or labels in chronological order correlated to the date or dates the shellstock are sold or served. If shellstock are removed from their tagged or labeled container, the identity of the source of shellstock that are sold or served shall be maintained by doing the following:
(1) Using a recordkeeping system as required.
(2) Ensuring that shellstock from one tagged or labeled container are not commingled with shellstock from another container with different certification numbers, harvest dates, or growing areas as identified on the tag or label before being ordered by the consumer.
(3) If shellstock are portioned and prepackaged, including a copy of the corresponding shellstock tag or properly labeling the package with the required shellfish information.
0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
7-30-2019 Potentially hazardous foods shall be held at or below 41°/ 45°F or at or above 135°F. (113996, 113998, 114037, 114343(a)) 2.00 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 refried beans was measured at 129 °F. Hold all hot potentially hazardous foods at or above 135°F. Water added during inspection. Re-temped at 148F. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS