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Facility: Livingston Gas and Grocery
Address: 1405 Davis 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 9-06-2019: Satisfactory (Total Points: 12.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
9-06-2019 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.
1) Repeat: Observed the sink in the restroom has been 'propped' up with pieces of wood that appear to be non permanent, not securely fastened, and do not meet a smooth and easily cleanable commercial grade standard. Repair or replace such that the sink is securely fastened, wile also ensuring all restroom surfaces including the floor are smooth, easily cleanable, non porous, and accessible for proper cleaning. Failure to maintain toilet facilities.

2) Repeat: 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 (roll of kitchen type paper towels was on top of the plastic dispenser housing). Provide paper towels in 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.
0110 RETAIL MARKET<2000 SQ FT (HM3)
9-06-2019 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) 4.00 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.
Repeat: Observed labels on the prepackaged ice that is bagged on site lack some of the required information (this store location / address information). Provide complete labeling information as outlined in the corrective text on all prepackaged food items. 0110 RETAIL MARKET<2000 SQ FT (HM3)
9-06-2019 Food shall be stored in an approved manner, in approved containers and labeled as to contents. Food shall be stored at least 6" above the floor on approved shelving. (114047, 114049, 114051, 114053, 114055, 114067(h), 114069) 4.00 Provide adequate and suitable space for the storage of food. Store food at least 6 inches off the floor. Store bulk food not stored in original packaging in containers identifying the food by common name. Food shall not be stored in locker rooms, restrooms, dressing rooms, refuse areas, or mechanical rooms; under open stairwells; under lines on which water has condensed; under leaking water lines, including leaking automatic fire sprinkler heads: or under sewer lines that are not shielded to intercept potential drips.

Only prepackaged nonpotentially hazardous food or uncut produce may be displayed or sold outdoors by a food facility if outdoor displays have overhead protection that extends over all food items, and if all food items from the outdoor display are stored inside the fully enclosed food facility at all times other than during business hours.

Products that are held by the permit holder for credit, redemption, or return to the distributor, such as damaged, spoiled, or recalled products, shall be segregated and held in designated areas that are separated from food, equipment, utensils, linens, and single-use articles. All returned or damaged food products and food products from which the label has been removed shall be separated and stored in a separate area and in a manner that shall prevent adulteration of other foods and shall not contribute to a vermin problem.



1) Repeat: Observed the lowest rack for each glass door display section of the walk in cooler unit are approximately one inch or less off the floor. Significant plastic / paper / debris residue buildup under the lowest shelf of each display door area. Reset the lowest shelf of each unit such that it is not less than six inches off the floor to allow for appropriate cleaning and debris removal. Ensure that all food is stored on smooth and easily cleanable storage surfaces that are a minimum of six inches off the floor.

2) Repeat: Observed particle board units in the walk in cooler on the side opposite the glass doors are unfinished, and the boards are splitting / shredding along the edges. The unfinished compressed particle board type material is not smooth or sealed, is not cleanable, and is not an approved surface for food storage use. Remove / replace. Ensure the surfaces of units used to provide food storage surfaces that are at least six inches off the ground are smooth, easily cleanable, non porous, and meet a commercial grade standard.
0110 RETAIL MARKET<2000 SQ FT (HM3)


Rating on date 9-05-2019: Unsatisfactory - reinspection required (Total Points: 15.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
9-05-2019 Food shall be stored in an approved manner, in approved containers and labeled as to contents. Food shall be stored at least 6" above the floor on approved shelving. (114047, 114049, 114051, 114053, 114055, 114067(h), 114069) 2.00 Provide adequate and suitable space for the storage of food. Store food at least 6 inches off the floor. Store bulk food not stored in original packaging in containers identifying the food by common name. Food shall not be stored in locker rooms, restrooms, dressing rooms, refuse areas, or mechanical rooms; under open stairwells; under lines on which water has condensed; under leaking water lines, including leaking automatic fire sprinkler heads: or under sewer lines that are not shielded to intercept potential drips.

Only prepackaged nonpotentially hazardous food or uncut produce may be displayed or sold outdoors by a food facility if outdoor displays have overhead protection that extends over all food items, and if all food items from the outdoor display are stored inside the fully enclosed food facility at all times other than during business hours.

Products that are held by the permit holder for credit, redemption, or return to the distributor, such as damaged, spoiled, or recalled products, shall be segregated and held in designated areas that are separated from food, equipment, utensils, linens, and single-use articles. All returned or damaged food products and food products from which the label has been removed shall be separated and stored in a separate area and in a manner that shall prevent adulteration of other foods and shall not contribute to a vermin problem.



(1) Observed inappropriate use of the drain boards, compartments, and space in and around the 3 compartment sink for the storage of damaged / 'credit hold' items for vendors.
Cease this practice. Remove damaged / credit hold items from the three compartment sink area. Provide a distinctly separate area for vendor credit holds / damaged items, clearly label the damaged item holding area, and ensure items so held are stored in a manner that will not lead to vermin attraction. Ensure the three compartment sink is kept available at all times for its required daily use to wash, rinse, and sanitize all potential food contact surfaces (not less than once in each 24 hour period, more often as needed / warranted by circumstances). Ensure both sanitizer and matching test strips are also kept available at or near the three compartment sink for the required daily food contact surface washing / rinsing / sanitizing.

(2) Observed the lowest rack for each glass door display section of the walk in cooler unit are approximately one inch or less off the floor. Significant plastic / paper / debris residue buildup under the lowest shelf of each display door area. Reset the lowest shelf of each unit such that it is not less than six inches off the floor to allow for appropriate cleaning and debris removal. Ensure that all food is stored on smooth and easily cleanable storage surfaces that are a minimum of six inches off the floor.

(3) Observed particle board units in the walk in cooler on the side opposite the glass doors are unfinished, and the boards are splitting / shredding along the edges. The unfinished compressed particle board type material is not smooth or sealed, is not cleanable, and is not an approved surface for food storage use. Remove / replace. Ensure the surfaces of units used to provide food storage surfaces that are at least six inches off the ground are smooth, easily cleanable, non porous, and meet a commercial grade standard.
0110 RETAIL MARKET<2000 SQ FT (HM3)
9-05-2019 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.
(1) Observed the sink in the restroom has been 'propped' up with pieces of wood that appear to be non permanent, not securely fastened, and do not meet a smooth and easily cleanable commercial grade standard. Repair or replace such that the sink is securely fastened, wile also ensuring all restroom surfaces including the floor are smooth, easily cleanable, non porous, and accessible for proper cleaning. Failure to maintain toilet facilities.

(2) 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 (roll of kitchen type paper towels was on top of the plastic dispenser housing). Provide paper towels in 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.
0110 RETAIL MARKET<2000 SQ FT (HM3)
9-05-2019 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 that is bagged on site lack some of the required information (this store location / address information). Provide complete labeling information as outlined in the corrective text on all prepackaged food items. 0110 RETAIL MARKET<2000 SQ FT (HM3)
9-05-2019 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.
Observe excessive buildup of residue / debris on the floor area near the 3 compartment sink / entrance to the walk in cooler. Improve cleaning frequency / methods to prevent the accumulation of visible residue. 0110 RETAIL MARKET<2000 SQ FT (HM3)
9-05-2019 All liquid waste must drain to an approved fully functioning sewage disposal system. (114197) 7.00 Liquid waste shall not be disposed onto a floor or ground surface. All plumbing pipes, appurtenances, and fixtures shall be of approved type and fully functioning. Observed the floor sink located near the janitorial / 3 compartment sink is not properly draining, floor sink does not function properly as it overflowed while trying to check water temperatures at the janitorial and 3 compartment sinks.
Cease all open food preparation activities that require use of the 3 compartment sink for proper wash / rinse / sanitizing of potential food contact surfaces (coffee pots, soda machine nozzles, slushee nozzles, ice scoops, jerky tongs, etc). Voluntarily suspending open food prep activities, plumber being called during inspection (not able to come out until tomorrow morning). Do not resume open food prep activities until plumbing repair is rechecked / verified by MCDEH / written authorization is given to resume open food prep / sales activities.
0110 RETAIL MARKET<2000 SQ FT (HM3)