Return To Restaurant Listing | Return to Environmental Health Homepage

Facility: Joe Herb Park Concessions
Address: 2200 Yosemite Pkwy, Merced, CA

The most recent inspection of this food facility resulted in a rating of
Satisfactory (Total Points: 10.00)
0-6  Points: Good
7-13 Points: Satisfactory
14+  Points: Unsatisfactory
Rating on date 9-01-2021: Satisfactory (Total Points: 10.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
9-01-2021 All poisonous substances, detergents, bleaches, and cleaning compounds shall be properly labeled and stored separate from food, utensils, packing material, and food-contact surfaces. (114254, 114254.1, 114254.2) 1.00 All poisonous substances, detergents, bleaches, cleaning compounds, and all other injurious or poisonous materials shall be stored and used only in a manner that is not likely to cause contamination or adulteration of food, food contact surfaces, utensils, or packaging materials. Poisonous or toxic materials shall be stored or displayed so they cannot contaminate food, equipment, utensils, linens, and single-use articles by separating the poisonous or toxic materials by spacing or partitioning and locating the poisonous or toxic materials in an area that is not above food, equipment, utensils, linens, and single-use articles. Equipment and utensil cleaners and sanitizers may be stored in warewashing areas for availability and convenience if the materials are stored to prevent contamination of food, equipment, utensils, linens, and single-use articles.

Containers of poisonous or toxic materials and personal care items shall bear a legible manufacturer's label. Working containers used for storing poisonous or toxic materials such as cleaners and sanitizers taken from bulk supplies shall be clearly and individually identified with the common name of the material. A container previously used to store poisonous or toxic materials shall not be used to store, transport, or dispense food, utensils, and linen.

Only those insecticides, rodenticides and other pesticides that are specifically approved for use in a food facility may be used. The use shall be in accordance with manufacturer's instructions.
Observed a gallon size jug of 'home defense' insecticide stored on the floor beneath the three compartment sink. Remove. Do not use pest control sprays in a food facility that are not specifically approved for use in food facilities. Do not store poisonous substances in any food storage or utensil washing areas. 0110 RETAIL MARKET<2000 SQ FT (HM3)
9-01-2021 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) 1.00 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 maximum water temperature at the handwash sinks in both the mens and womens restrooms to reach 77-79ºF. Appropriately repair so as to provide handwashing water at not less than 100ºF for all facility handwashing sinks.

(2) Observed some rolls of toilet paper in the mens restroom were not on spindles / were loose rolls. Provide toilet paper in permanently mounted dispensers to allow for sanitary dispensing.
0110 RETAIL MARKET<2000 SQ FT (HM3)
9-01-2021 Exhaust hoods shall be provided to remove toxic gases, heat, grease, vapors, and smoke and be approved by the local building department. Canopy-type hoods shall extend 6" beyond all cooking equipment. All areas shall have sufficient ventilation to facilitate proper food storage. Toilet rooms shall be vented to the outside air by a screened openable window, an air shaft, or a light-switch activated exhaust fan, consistent with local building codes. (114149, 114149.1) Adequate lighting shall be provided in all areas to facilitate cleaning and inspection. Light fixtures in areas where open food is stored, served, prepared, and where utensils are washed shall be of shatterproof construction or protected with light shields. (114149.2, 114149.3, 114252, 114252.1) 1.00 All areas shall have sufficient ventilation to facilitate proper food storage and to provide a reasonable condition of comfort for each employee, consistent with the job performed by the employee.

Light fixtures in areas where food is prepared, open food is stored, or utensils are cleaned shall be of shatterproof construction or shall be protected with shatterproof shields and shall be readily cleanable. In every room and area in which any food is prepared, manufactured, processed, or prepackaged, or in which equipment or utensils are cleaned, sufficient natural or artificial lighting shall be provided to produce the following light intensity, while the area is in use:
(a) At least 10-foot candles for the following:
(1) At a distance of 30 inches above the floor, in walk-in refrigeration units, and dry food storage areas.
(2) At a working surface on which alcoholic beverages are prepared or where utensils used in the preparation or service of alcoholic beverages are cleaned.
(3) Inside equipment, such as reach-in or under-the-counter refrigerators.
(b) At least 20-foot candles for the following:
(1) At a surface where food is provided for consumer self-service or where fresh produce or prepackaged foods are sold or offered for consumption.
(2) In server stations where food is prepared.
(3) At a distance of 30 inches above the floor in areas used for handwashing, warewashing, and equipment and utensil storage, and in toilet rooms.
(c) Except in server stations where food is prepared, at least 50-foot candles at a surface where a food employee is working with food or working with utensils or equipment such as knives, slicers, grinders, or saws where employee safety is a factor.
Observed the light fixture in the concession stand area appear to lack shatterproof coverings. Provide. Light fixtures in area where food is prepared, open food is stored, or utensils are cleaned shall be of shatterproof construction or shall be protected with shatterproof shields and shall be readily cleanable. 0110 RETAIL MARKET<2000 SQ FT (HM3)
9-01-2021 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. Observed the funnel drain setup under the three compartment sink lacks an effective air gap (upper pipe extends down into the funnel, instead of being located at least 1" above the top rim of the funnel. Correct. 0110 RETAIL MARKET<2000 SQ FT (HM3)
9-01-2021 The premises of each food facility shall be kept clean and free of litter and rubbish; all clean and soiled linen shall be properly stored; non-food items shall be stored and displayed separate from food and food-contact surfaces; the facility shall be kept free of vermin. (114067 (j), 114123, 114143 (a) & (b), 114175, 114178, 114185, 114185.1, 114185.2, 114185.3, 114185.4, 114256, 114256.1, 114256.2, 114256.4, 114257, 114257.1, 114259, 114259.1, 114259.2, 114259.3, 114279, 114281, 114282) 1.00 All food facilities shall be kept clean, fully operative, and in good repair. A food facility shall at all times be so constructed, equipped, maintained, and operated as to prevent the entrance and harborage of animals, birds, and vermin, including, but not limited to, rodents and insects. The premises of each food facility shall be kept clean and free of litter, rubbish, and vermin.

Lockers or other suitable facilities shall be provided and used for the orderly storage of employee clothing and other possessions. Lockers or other suitable facilities shall be located in a designated room or area where contamination of food, equipment, utensils, linens, and single-use articles cannot occur. Dressing rooms or dressing areas shall be provided and used by employees if the employees regularly change their clothes in the facility.
(1) Observed the facility has at least two large regularly used vending windows that are only screened on the upper half. Provide proper vermin proofing for food vending areas, such as closable screened openings that do not exceed 216 square inches per vending window (larger screened openings may be allowed of up to 432 square inches only if an air curtain is installed that is turned on or that turns on each time the window is opened to pass food through).

(2) Observed old CO2 tanks and remaining lines that appear to be from an old soda fountain that was removed. Remove remaining lines and unneeded CO2 tanks. 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.

(3) Observed a small number of roaches while inspecting the facility. Appropriately vermin proof the concession stand area and seal gaps large enough to allow vermin entry. You may also choose to engage with professional pest control services if window screens and sealing gaps are insufficient to prevent vermin entry.
0110 RETAIL MARKET<2000 SQ FT (HM3)
9-01-2021 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) 1.00 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 facility wall textures are mostly painted cinderblock. There is also an area where it appears painted plywood and expanding foam may have been used to block a prior door archway or opening. Current floor in facility is sealed concrete that is worn, minor cracks in some areas, broken drain covers in the floor. There is currently no coving installed between the floor and wall juncture in this facility.

At a minimum:
(1) repair the plywood / broken expanding foam wall area in the concession stand space such that the surfaces are smooth, more easily cleanable, non porous, and meet a commercial grade standard.
(2) replace the broken drain covers in the concrete floor (possible tripping hazard / debris accumulation points).

*Additional repairs to the floor / wall / ceiling finishes beyond the plywood / broken expanding foam / drain covers will also be required before an expansion of allowed menu items will be approved.
0110 RETAIL MARKET<2000 SQ FT (HM3)
9-01-2021 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.
Observed older style 'powder' hand soap dispenser at the handwash sink in the concession stand area, does not dispense consistently. Replace with a functioning hand soap dispenser and keep the dispenser filled. 0110 RETAIL MARKET<2000 SQ FT (HM3)
9-01-2021 All food waste and rubbish shall be kept in leak proof and rodent proof containers. Containers shall be covered at all times. All waste must be removed and disposed of as frequently as necessary to prevent a nuisance. The exterior premises of each food facility shall be kept clean and free of litter and rubbish. (114244, 114245, 114245.1, 114245.2, 114245.3, 114245.4, 114245.5, 114245.6, 114245.7) 1.00 Maintain storage areas, enclosures, and receptacles for refuse, recyclables, and returnables in good repair. Store receptacles and waste handling units for refuse, recyclables, and returnables so as to not create a public health hazard or nuisance or interfere with the cleaning of adjacent space. Trash containers inside a food facility need not be covered during periods of operation unless leaving them uncovered creates a public health hazard or nuisance or interferes with the cleaning of adjacent space. Remove refuse, recyclables, and returnables from the premises at a frequency that will minimize the development of objectionable odors and other conditions that attract or harbor insects and rodents. Observed lack of an appropriate trash can within the concession stand area. Provide. 0110 RETAIL MARKET<2000 SQ FT (HM3)
9-01-2021 A person proposing to build or remodel a food facility shall submit plans for approval before starting any new construction or remodeling of any facility for use as a retail food facility. (114380, 114381) 0.00 A person proposing to build or remodel a food facility shall submit complete, easily readable plans drawn to scale and specifications to the Division of Environmental Health and obtain approval prior to starting any project. NOTE: The current condition of the facility does *not* meet the full requirements for open food preparation and sale. Therefore the facility is currently limited to selling ONLY snack / food / beverage items that meet ALL of the following conditions:
* commercially prepackaged
* shelf stable / non-potentially hazardous (refrigeration or hot holding NOT required)
* still in their original individually sealed commercial containers or packages at the time they are sold to / received by the customer

If the facility wishes to also sell potentially hazardous items and / or ANY open food items (including churros, popcorn, hot dogs, snow cones, nachos, or similar), then additional upgrades to the facility will be required to be completed prior to authorizing the sale of additional types of food items. The full extent of the upgrades required will depend on the exact type of menu expansion desired, but will include at a MINIMUM:
* Appropriate floor, wall, and ceiling finishes in food prep and storage areas
* 'Vermin proofing' of the food prep and storage areas (screened windows, sealing other gaps where vermin may enter, etc.)
* Shatterproof covers on all light fixtures in food prep, storage, and dish washing areas
* Hot water (100ºF minimum) at the handwashing sinks in restroom(s) used by employees of the concession stand

A plan review application, plans, and specification sheets for equipment or items related to the above-listed upgrades must be submitted to Merced County Division of Environmental Health (MCDEH) and approved in writing prior to beginning any actual upgrade work. Additional permits from other departments (such as building permits) may also be required.
0110 RETAIL MARKET<2000 SQ FT (HM3)