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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


Rating on date 7-30-2018: Good (Total Points: 6.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
7-30-2018 Ready-to-eat food containing undercooked food or raw egg and unpackaged confectionery food containing more than 1/2% alcohol may be served if the facility notifies the consumer. (114012, 114093) 0.00 Ready-to-eat salad dressing or sauce containing a raw or less-than-thoroughly cooked egg as an ingredient, and other ready-to-eat foods made from or containing eggs, comminuted meat, or single pieces of meat, including beef, veal, lamb, pork, poultry, fish, and seafood, that are raw or have not been thoroughly cooked as specified in Section 114004 may be served if either of the following requirements is met:
(a) The consumer specifically orders that the food be individually prepared less than thoroughly cooked.
(b) The food facility notifies the consumer, orally or in writing, at the time of ordering, that the food is raw or less than thoroughly cooked.

Provide written notice to consumers purchasing confections that contain alcohol in excess of 0.5% by weight.

0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
7-30-2018 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 gapping between the FRP and cove base behind the hand sink in the kitchen. Also, observed gapping around the ANSUL pull handle. Seal all gapping. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
7-30-2018 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 shelves inside the Turbo air glass door units in the wait station have cracking occurring on them. Replace to ensure that are smooth easily cleanable and non-absorbent.

Observed the metal dispenser inside the ice machine is cracked and bent. Replace.

Observed wood under a make-shift metal drain board near the dish machine. Seal the gaps and paint the wood with a semi-gloss or high gloss paint.
0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
7-30-2018 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. [2][30] All individuals who are involved in the preparation, storage or service of food, including their supervisors, must have a Food Handler Card. The card must be obtained from a California Department of Health Services approved food handler card examination, and must be less than three years old. Exceptions: Facilities subject to collective bargaining agreements, facilities with approved in-house training, grocery stores, stores which are primarily pharmacies, school cafeterias, health care facilities, certain nutrition programs for the elderly, government-run facilities such as jails and camps, certified farmers markets, commissaries, mobile support units, bed and breakfasts, and snack bars in theaters and amusement parks. Note, however, that full service restaurants within amusement parks are not exempt. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
7-30-2018 Shellstock shall have complete certification tags and shall be properly stored and displayed. (114039 - 114039.5) 0.00 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.
NOTE: Retain the shellfish certification tag or label on the original container until emptied and keep for a period of not less than 90 days from the date of harvest.
0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS