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Facility: D Pho, Inc.
Address: 2160 E. Pacheco Blvd Ste D, Los Banos, CA

The most recent inspection of this food facility resulted in a rating of
Good (Total Points: 0.00)
0-6  Points: Good
7-13 Points: Satisfactory
14+  Points: Unsatisfactory
Rating on date 3-26-2024: Good (Total Points: 0.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
3-26-2024 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 at this time 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)


Rating on date 1-26-2024: Unsatisfactory - reinspection required (Total Points: 24.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
1-26-2024 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. Observed dry good storage table in kitchen was utilizing foil to cover the bottom shelf. Cease this practice. Remove foil. Foil does not constitute a smooth, easily cleanable, and durable commercial grade surface. Do not render equipment or storage surfaces difficult to properly clean and sanitize. If surface no longer meets a smooth and easily cleanable commercial grade surface standard, properly repair or replace. CDI 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
1-26-2024 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) 0.00 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.
Refer to Item 14. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
1-26-2024 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) 1.00 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. Inspector Observed indirect drain for prep sink was below the grade of he floor sink. Correct so that drain has a 1in air gap from grade of floor sink as to prevent backflow of sewage into the prep sink. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
1-26-2024 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 soap in the approved dispenser at the handwashing sink in the kitchen. Keep an approved soap dispenser filled and functional at all times for handwashing purposes.

2. Observed that Ice had been disposed of inside the handwash sink. In order to envourage regular handwashing the Handwashing sink shall not be used to store or dispose of food or equipment and shall only be used to wash hands. CDI
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
1-26-2024 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.
Observed the Instant Vortex Plus Air Fryer in the kitchen that is rated for household use / not marked as rated for commercial use. Remove or replace all non commercially rated equipment. All new and replacement food-related and utensil-related equipment shall be certified or classified for sanitation by an American National Standards Institute (ANSI) accredited certification program / approved for commercial use. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
1-26-2024 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.

Inspector observed that there was not enough storage space to contain all dry goods and utensils/equipment for food prep resulting in storing these items directly on the floor. Only unopened prepackaged non potentially hazardous food(non-PHF) still inside the original shipping container may be stored on dollies/pallets/racks & skids that are designed to be easily movable. All other food and equipment/utensils shall be stored at least 6 inches off the floor. Provide additional storage or reduce amount of product being stored at facility . 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
1-26-2024 Handwashing signs shall be posted in each toilet room, directing attention to the need to thoroughly wash hands after using the restroom. (113953.5)

No smoking signs shall be posted in food preparation, food storage, and warewashing areas. (113978)

Consumers shall be notified that clean tableware is to be used when they return to self-service areas such as salad bars and buffets. (114075)

Any food facility constructed before January 1, 2004 without public toilet facilities shall prominently post a sign within the food facility in a public area stating that toilet facilities are not provided. (113725.1, 114276, 114381 (e))
1.00 Post permit in a conspicuous place (It is recommended that the permit be in customer view.). Post a notice advising patrons that a copy of the most recent routine inspection report is available for review by interested parties. Keep a copy of the most recent health inspection report at the facility for customer review purposes.

Post and maintain a legible and conspicuous sign in each toilet room directing attention to the need to thoroughly wash hands after using the toilet.

Post and maintain a legible "No Smoking" sign in food preparation, food storage, and utensil washing areas.

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)
1-26-2024 Food shall be thawed under refrigeration, completely submerged under cold running water of sufficient velocity to flush loose particles, in a microwave oven, or during the cooking process. (114018, 114020, 114020.1) 1.00 Frozen potentially hazardous food shall only be thawed in one of the following ways:
(a) Under refrigeration that maintains the food temperature at 41°F or below.
(b) Completely submerged under potable running water for a period not to exceed two hours at a water temperature of 70°F or below, and with sufficient water velocity to agitate and flush off loose particles into the sink drain.
(c) In a microwave oven if immediately followed by immediate preparation.
(d) As part of a cooking process.
1. CDI. Inspector observed that raw protein was being thawed in a standing water bath.
Failure to thaw potentially hazardous frozen foods in an approved manner.
FROZEN POTENTIALLY HAZARDOUS FOOD shall only be thawed in
one of the following ways:
(a) Under refrigeration that maintains the FOOD temperature at 41°F or
below.
(b) Completely submerged under potable running water for a period not to
exceed two hours at a water temperature of 70°F or below, and with
sufficient water velocity to agitate and flush off loose particles into the sink
drain.
(c) In a microwave oven if immediately followed by immediate preparation.
(d) As part of a cooking process.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
1-26-2024 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) 0.00 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. MCDEH does not have a copy of the Food Manager Certificate for this facility. Provide Current Copy. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
1-26-2024 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) 7.00 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. 1. Observed a lack of chemical sanitizer for warewashing at the facility. 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 171ºF 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 following requirements:
(A) Complies with the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).
(B) Complies with federal device requirements as specified in Section 152.500 of Title 40 of the Code of Federal Regulations, and federal labeling requirements as specified in Section 156.10 of Title 40 of the Code of Federal Regulations.
(C) Displays the United States Environmental Protection Agency device manufacturing facility registration number on the device.
(D) Is operated and maintained in accordance with the manufacturer's instructions, and manufactured using good manufacturing practices as specified in Part 110 of Title 21 of the Code of Federal Regulations.
` (5) 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 manufacturers use directions.
(c) Other methods approved by the enforcement agency.

Facility closed and reopened same day after follow up inspection confirmed facility had acquired sanitizer test strips and had cleaned all equipment that had not been sanitized.


2. Inspector observed clean equipment/utensils stored on the floor. Cleaned equipment and utensils, laundered linens, and single-use articles shall be stored in a clean, dry location where they are not exposed to splash, dust, or other contamination, and at least six inches above the floor. Clean equipment and utensils shall be stored covered or inverted in a self-draining position that allows air drying. Single-use articles shall be kept in the original protective package or stored by using other means that afford protection from contamination until used. Items that are kept in closed packages may be stored less than six inches above the floor on dollies, pallets, racks, and skids that are designed as to be easily movable.

3.
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. CDI
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
1-26-2024 Potentially hazardous foods shall be held at or below 41°/ 45°F or at or above 135°F. (113996, 113998, 114037, 114343(a)) 7.00 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. 1. Observed chicken wings that was over 10 degree out of temperature and being held in the fryer basket above the fryer. Food that is being hot held after preparation shall be stored at 135°F or higher. Serve wings as cook to order or store in hot holding unit of 135°F or higher. Wings were voluntarily condemned/destroyed

2. Observed Pho was being hot held on the stove and that the proteins were surfacing above the broth. Proteins above broth were measure below 135°F. All hot held potentially hazardous food shall be stored at 135°F. Food was less than 10 degree out of temperature and were re submerged in the broth which was above 135°F. Do not allow potentially hazardous food to go below 135°F if being hot held. Provide a mechanical intervention to prevent the proteins from surfacing outside of safe hot holding temperatures.(Lid/weight etc.)

3. Observed that staff stopped preparing rice while inspector was present and left it out. When potentially hazardous food is not being actively prepared it shall be stored below 41°F or above 135°F. Rice was placed within cold holding temperatures below 41°F.

4. Observed that food that had been prepped as toppings were left out at room temperature. Any cut produce with a PH greater than 4.6 that does not have a water activity level between 0.8-0.85 shall be stored at 41°F or lower . Out of temperature food over 10 degrees was voluntarily Condemned/Destroyed.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
1-26-2024 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) 1.00 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 Dry Goods were being stored in storage containers on 2in casters. All food not inside its original packaging or shipping containers must be stored at least 6inches off the ground. Move food off the floor and onto shelving at least 6 inches off the ground.

2.Observed unidentified syrups inside the beverage refrigerator in the front of the shop. working containers holding food or food ingredients that are removed from their original packages for use in the food facility, such as cooking oils, flour, herbs, potato flakes, salt, spices, and sugar, shall be identified with the common name of the food, except that containers holding food that can be readily and unmistakably recognized, such as dried pasta, need not be identified. Label these syrups.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)


Rating on date 2-28-2023: Good (Total Points: 0.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
2-28-2023 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. PLAN REVIEW FINAL & OPENING INSP: OK to open. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)