HomeMy WebLinkAboutgrading-policy ALAMEDA COUNTY DEPARTMENT
OF
ENVIRONMENTAL HEALTH
DIVISION OF
ENVIRONMENTAL PROTECTION
GRADING SYSTEM
FOR RETAIL FOOD
FACILITIES
COUNTY OF KERN
PUBLIC HEALTH SERVICES DEPARTMENT
Matthew Constantine, Director
ENVIRONMENTAL PROTECTION DIVISION
1131 Harbor Bay Parkway, Alameda, CA 94502
06-06-2011
Website: www.acgov.org/aceh
Phone: 510-567-6700 Fax: 510-337-9432
E-mail: http://acgov.org/aceh/contact.htm
Dear Alameda County Retail Food Facility Owner/Operator:
In order to ensure ongoing safe food handling practices and to help you succeed
with this new grading system, we are pleased to present you with the Grading
Program Manual for Permanent Food Facilities. The document provides the
following information:
➢ How Grades are Determined
➢ The Inspection Report Form
➢ The Inspection Process
➢ How Violations are Identified
➢ The Appeal Process & Rescore Inspections
This manual serves not only as a reference manual, but as an educational tool to
assist the owner/operator in self-assessment using the same criteria used by the
Environmental Protection Division. The policy provides detailed information on each
category found in the Official Inspection Report (OIR) form along with examples of
violations that may be identified. In addition, pertinent sections of the law are
provided as well as procedures to assist in compliance. The policy also contains a
self-inspection checklist to help you prepare for future inspections.
If you have any questions, please feel free to contact our office:
Phone: (510) 567-6700
E-mail: http://acgov.org/aceh/contact.htm
Website: www.acgov.org/aceh
Sincerely,
Ronald Browder
Director
Table of Contents
Introduction ..................................................................................................................... 1
Common Terminology ..................................................................................................... 2
Inspection Categories ...................................................................................................... 5
Complaint Inspections
Emergency Inspections
Routine Inspections
Reinspection
Rescore Inspection
Owners/Operators Responsibilities ................................................................................. 6
Change in Permit Information
Change in Menu or Equipment
Person In Charge
Food Safety Certification
Self Closure
Imminent Health Hazards .......................................................................................... 7
Understanding the Official Inspection Report Form ......................................................... 8
Major Violations
Minor Violations
Non-Critical Violations
Sample Inspection Report Form .................................................................................... 10
Understanding the Grade .............................................................................................. 12
Sample Inspection Summary Report ............................................................................. 13
Marking Guide - How Violations Are Identified .............................................................. 15
Major Violations (CDC Risk Factors) ....................................................................... 16
Minor Violations (Approved Retail Practices) ........................................................... 32
Self-Inspection Checklist ............................................................................................... 58
Departmental Policies ................................................................................................... 62
Fees
Multiple Health Permits for One Facility
Posting Requirements for Retail Food Facilities
Rescore Inspection
Enforcement Actions
Appeal Process
1
Introduction
This Grading System document for Retail Food Facilities provides information to the
food service operator on all matters related to the Official Inspection Report form (OIR),
the grading system, the retail food inspection process, and common terminology utilized
by the Environmental Protection Division’s Food Program. The document serves not
only as a reference manual but also an educational tool to assist the food service
operator in self-assessments using the same criteria currently in use by the Food
Program.
The OIR is used both to document violations observed in a food facility and to calculate
the final score based on compliance with State law. This document provides detailed
information on each violation category found in the OIR along with examples of
violations that may be identified in each respective category. In addition, the document
contains pertinent sections of the California Retail Food Code (CalCode) as well as
procedures/corrective actions to assist in compliance.
To help the food operator maintain a food facility in compliance with the law and to
prepare the food operator for the inspection process, a series of supplemental
documents have been included in this policy.
• Common Terminology -The terms are defined so that everyone can
communicate clearly and openly during the inspection process.
• Understanding the Inspection Report Form – A description of specific sections of
the inspection form.
• Inspection Report Form.
• How Violations are identified – An explanation of the violations listed on the
Inspection Report Form.
• Self-Inspection Guide - Allows an operator or manager to conduct an inspection
using the same criteria as EP Division inspectors.
• Department Policies - Policies and procedures your inspector follows and how
those policies may affect your business.
If you have questions regarding your OIR, actions by your inspector or the EP Division,
or any applicable law or regulation, please contact our office:
Alameda County Department of Environmental Health
1131 Harbor Bay Parkway, Alameda, CA 94502
Telephone (510) 567-6700, Fax (510) 337-9432
www.acgov.org/aceh/contact.htm
2
Common Terminology
The success of any food inspection program requires a clear understanding of the
common terminology used by health inspectors and the food industry. The terms below
are defined so that everyone can communicate clearly and openly during the inspection
process.
Approved Source is a producer, manufacturer, distributor, or food facility that is
acceptable to the local enforcement agency based on a determination of conformity with
applicable laws, or in the absence of applicable laws, with current public health
principles and practices, and generally recognized industry standards that protect public
health.
California Retail Food Code (CalCode) is part of the California Health and Safety
Code dealing with safe food preparation and handling in retail food facilities.
Comminuted means reduced in size by methods including chopping, flaking, grinding,
or mincing. Includes fish or meat products that are reduced in size and restructured or
reformulated including, but not limited to gefilte fish, formed roast beef, gyros, ground
beef, sausage, and a mixture of two or more types of meat that have been comminuted.
Critical Sink means a required sink where there is not another approved sink available
for the same purpose (e.g., mop sink, food prep sink, handwashing sink) within a
reasonable distance.
Cross Contamination is the transfer of harmful microorganisms, such as bacteria and
viruses, from one food to another by means of a non-food surface (equipment, utensils,
human hands), or from storing or thawing raw meat and poultry adjacent to or above
other foods.
Environmental Health Specialist (EHS) also known as “health inspector” is someone
who has completed college level studies of biology, chemistry, physics and
microbiology, possesses a minimum of a bachelor’s degree and has passed the
required California State Registered Environmental Health Specialist Examination.
Exclude means to prevent a person from working as a food employee or entering a
food facility except for those areas open to the general public.
Foodborne Illness is an infection or intoxication caused by a bacteria, virus or parasite
transmitted by a food.
3
Food Facility means an operation that stores, prepares, packages, serves, vends or
otherwise provides food for human consumption at the retail level. Food facilities
permanent and non-permanent include, but are not limited to, public and private school
cafeterias, restricted food service facilities, licensed health care facilities, commissaries,
mobile food facilities, mobile support units, temporary food facilities, vending machines,
and certified farmers’ markets.
HACCP Plan is a written document that details the formal procedures for following the
Hazard Analysis Critical Control Point (HACCP) principles that were developed by the
National Advisory committee on Microbiological Criteria for Foods. The document is a
quality management system which identifies and evaluates points during food
production in order to set up measures and control hazards to ensure food safety.
Imminent Health Hazard means a significant threat or danger to health that is
considered to exist when there is evidence sufficient to show that a product, practice,
circumstance, or event creates a situation that can cause food infection, food
intoxication, disease transmission, vermin infestation, or hazardous condition that
requires immediate correction or cessation of operation to prevent injury, illness, or
death.
Infestation (Vermin) means the presence of vermin within the food facility as
evidenced by actual live bodies, fresh droppings or vomitus, urine stains, or gnaw
marks, that could result in contamination to the food, equipment, packaging or utensils
Intervention means actions taken to reduce the risk for potential foodborne illness.
Local Enforcement Agency (LEA) means the Division of the local health agency
having jurisdiction over the food facility.
Major Violation (CDC Risk Factors) means a violation that poses an imminent health
hazard that warrants immediate correction and may require closure of the food facility.
Minor Violation (Approved Retail Practices) means a violation of an approved
practice that does not pose an imminent health hazard, but does warrant correction.
Pathogen is a microorganism, such as bacteria or virus that is capable of causing
disease or illness after entering the body.
Permit Suspension is an action taken by the Environmental Protection Division to
order a food facility temporarily closed.
Permit Revocation is an action taken by the Environmental Protection Division to order
a food facility permanently closed.
Person In Charge (PIC) means the individual present at a food facility that is
responsible for the operation of the food facility.
4
Potentially Hazardous Food (PHF) a food that requires time or temperature control to
limit pathogenic micro-organism growth or toxin formation. PHF includes a food of
animal origin that is raw or heat-treated, a food of plant origin that is heat-treated or
consists of raw seed sprouts, cut melons, cut tomatoes, or mixtures of cut tomatoes that
are not modified to render them unable to support pathogenic micro-organism growth or
toxin formation, and garlic-in-oil mixtures that are not acidified or otherwise modified at a
food processing plant in a way that results in mixtures that do not support growth or
toxin formation.
Restrict means to limit the activities of a food employee so that there is no risk of
transmitting a disease that is transmissible through food and the food employee does
not work with exposed food, clean equipment, utensils linen and unwrapped single-use
articles.
Sherman Food Drug and Cosmetic Act is part of the California Health and Safety
Code which regulates labeling of foods and truth in menu advertising.
Time as a Public Health Control (TPHC) is an approved method of holding food,
where time only, rather than time in conjunction with temperature, is used as the public
health control for a working supply of potentially hazardous food before cooking or for
ready-to-eat potentially hazardous food that is displayed or held for service for
immediate consumption. (Documentation is a requirement).
Vermin means cockroaches, mice, rats, and similar pests that carry disease.
Warewashing means the cleaning and sanitizing of utensils and food-contact surfaces
of equipment.
5
Inspection Categories
Routine Inspections are unannounced and conducted at a frequency determined by a
risk assessment. The risk assessment evaluates the type of food, the preparation, and
the population served in determining the potential risk to the public for the occurrence of
foodborne illness. The inspector conducts an in-depth evaluation of the facility and
records violations on the OIR. However, if the inspection reveals a condition(s) that is
an imminent health hazard then the facility may be ordered to immediately close.
Reinspections are inspections initiated by the inspector when the routine inspection
reveals serious or repeat violations at the facility. This is not a routine inspection and
only the issues noted on the original OIR are addressed. Multiple re-inspections are not
included in the annual Environmental Health Permit fee so additional charges may be
incurred by the owner.
Rescore Inspection is a reevaluation of the facility requested by the owner which is
conducted as a routine inspection in order to have the facility rescored. A fee based on
the current hourly rate will be required and paid at the time of the request. Requesting a
rescore inspection is not a guarantee of receiving an upgraded placard.
Complaint Inspections are initiated as a result of a complaint filed by the public. The
issues related to complaint received by our Division will be addressed but obvious CDC
Risk factor violations will not be ignored. The posted placard will not be changed until
the next routine inspection. However, if the inspection reveals a condition(s) that is an
imminent health hazard then the facility may be ordered to immediately close.
Emergency Inspections are conducted when an emergency may exist such as a fire,
electrical outage, non-potable water, or sewage overflow into the facility.
6
Owner/Operator Responsibilities
Food safety in Alameda County is the responsibility of our Division in partnership with
the food industry. Jointly, we are responsible for ensuring that the community is
provided with safe food by reducing the potential for foodborne illness and the spread of
communicable disease.
The owner/operator is responsible for maintaining and operating the food facility in
compliance with all applicable laws and regulations at all times. They should use safe
food handling practices and be an example for staff and other employees. They should
also maintain the physical property in good operating condition and take action to repair
equipment, plumbing, walls and ceilings as soon as possible. Below are some specific
items that are the owner/operator is accountable for:
1. Change in Permit Information: The Division shall be notified before a change
of ownership, opening a new business, adding or dropping a partner, or a change
in contact information.
2. Change in Menu or Equipment: A person proposing to remodel a food facility
shall submit easily readable plans drawn to scale to the Division for review and
approval before starting any new construction. Plans may also be required if the
Division determines that they are necessary to assure compliance with CalCode
including, but not limited to, a menu change or change in the facility’s method of
operation.
3. Person In Charge: The permit holder is the person in charge (PIC). When the
permit holder is not on the premises then he shall designate a person in charge.
There shall be a person in charge present at the food facility during all hours of
operation. The person in charge shall have knowledge of safe food handling
practices as they relate to the specific food preparation activities that occur at the
food facility. The person in charge shall have the authority to:
A. Exclude a food employee that has been diagnosed with an infectious
agent as specified in section 113949.1 of California Retail Food Code.
B. Restrict a food employee from working with exposed food; clean
equipment, utensils, and linens; and unwrapped single-service articles if
the food employee is experiencing an acute gastrointestinal illness or is
known to be infected with a communicable disease.
C. Ensure that persons unnecessary to the food facility operations shall not
be allowed in the food preparation, food storage or warewashing areas.
D. Notify consumers that clean tableware is to be used when they return to
self-service areas, such as salad bars and buffets.
E. Take appropriate actions when an imminent health hazard exists at the
food facility.
4. Food Safety Certification: Food facilities that prepare, handle, or serve non-
prepackaged potentially hazardous food shall have an owner or employee who
7
has successfully passed an approved and accredited food safety certification
examination. There shall be at least one food safety certified owner or employee
at each food facility. Certification must be renewed every five years. If the
person who is certified leaves, you have 60 days to replace that person. The
certified person is responsible for:
A. Instruct all food employees regarding the relationship between personal
hygiene and food safety, including the association of hand contact,
personal habits and behaviors, and food employee health to foodborne
illness.
B. Ensure that employees are following safe food handling practices and that
food employees have adequate knowledge in food safety as it relates to
their assigned duties.
Food facilities that prepare, handle or serve non-prepackaged, non-potentially
hazardous foods shall do one of the following:
A. Have an owner or employee who has successfully passed a food safety
certification examination.
B. Have all other food handling employees successfully pass a Food
Handling Card examination.
C. Demonstrate to the enforcement officer that the employees have adequate
knowledge in food safety as it relates to their assigned duties.
5. Self Closures: The food facility shall be “Closed” when conditions present a
risk to the health and safety of the public. These conditions are called
“Imminent Health Hazards” and include:
A. Electrical Power Outage
B. No Refrigeration - all refrigeration units not working
C. No Water – lack of potable or pressurized water
D. No Hot Water - the water temperature at any critical sink
(handwashing, food preparation, utensil washing) is 100°F or less
E. Sewage/Water Overflow into food facility
F. Fire
G. Vermin (Insect and Rodent) Infestation
When you self-close your facility and notify us, we will send an inspector
to assist you with reopening. Self closing is a positive indicator that you
are knowledgeable about food safety principles. If an inspector is
conducting a routine inspection and finds one of the above situations your
facility will be posted closed.
8
Understanding the
Inspection Report Form
The Environmental Protection Division is responsible for enforcing sections of the
California Health and Safety Code also known as the California Retail Food Code
(CalCode). To ensure that each food facility is in compliance with CalCode, the
Environmental Health Specialist, who is more commonly referred to as the health
inspector, conducts inspections.
Any violation of CalCode is documented on the Official Inspection Report form (OIR),
which is issued by the health inspector at the conclusion of the inspection. This report
is used for routine inspections, complaint/foodborne illness investigations and other
inspections to indicate the status of the food facility at the time of the inspection.
The intent of the OIR is to recognize the varying degrees of risk associated with
violations of the applicable laws, codes, and regulations. The report contains fifty-one
(51) potential violation categories for documenting violations. Violations are separated
into two sections based on risk and actions taken.
The OIR is a two-page document. When completed, the OIR provides the food service
operator with important information to identify areas within their operation that have the
greatest potential for the spread of foodborne illness. As you read the description of
the OIR, please refer to the sample document on the following pages.
Page 1 – Front
▪ Left column is used to record major violations (CDC Risk Factors) that directly
relate to the transmission of foodborne illness. The presence of a major
violation poses a health hazard and warrants immediate correction. The
violations are numbered 1-23 consecutively.
Four/Two (4/2) points are deducted for each violation marked, unless
otherwise indicated. Multiple violations within each category are counted
as a repeat violation and multiple points are deducted from the total score.
For example, if temperature violations are found in different temperature
holding units, a violation will be counted against each piece of equipment
found at the incorrect temperature.
▪ Right column is used to record minor violations that pose a health hazard and
warrant correction. The violations are numbered 24-51 consecutively.
One (1) point is deducted for each item marked. Multiple violations within
each item are only counted as a single violation and one point is deducted
from the total score.
9
Page 2 – Front
The front side of page 2 of the OIR is used by the health inspector to document
measured food temperatures observed and to convey to the food operator the following:
• The violations observed during the inspection, corrective actions to be
taken, compliance timelines.
• Training and information that was provided by the health inspector due to
an employee’s lack of knowledge or inability to adequately demonstrate a
required activity or procedure.
• Recommendations that are made by the health inspector for correcting
violations and other inspection observations
10
11
12
Understanding the Grading System- Placards
The purpose of conducting food facility inspections is to protect the public by preventing
incidents of foodborne illness. The Environmental Protection Division employs a
green/yellow/red “placarding” system as a simple, visible indicator that the public can
use to determine the current standing of a food facility in conforming to health and
safety requirements. Violations on the OIR have been assigned a specific point value
based on the associated public health risk. The color of the placard the food facility
receives reflects the status of the food facility at the time of the inspection. For multiple
food facilities in one location and operated under several individual health permits,
placards will be posted in each food facility.
Each food facility inspection begins with 100 points. As the environmental health
inspector conducts the inspection, violations found are marked in the corresponding box
of the OIR. The point value assigned to each violation is based on the level of food
safety risk. Points are deducted from the initial 100 points. The resulting score is
reflective of the overall food safety risk, however if there are critical violations which
cannot be corrected during the inspection, closure of a facility may be necessary.
Placards are assigned based on the food safety risk and violations documented during
the inspection.
At the conclusion of the routine inspection, the environmental health inspector will place
the grading placard in the facility window or other approved location in public view.
Beginning of the Inspection 100 points
Total points deducted - points
--------------
Remaining points = Score
A Green, Yellow or Red (Notice of Closure) placard will be issued at the end of the inspection:
80 to 100 points Green Good food handling practices and overall food facility maintenance and
sanitation.(No more than one corrected major CDC Risk Factor violation)
75 to 79 points Yellow Minimally acceptable food handling practices and overall food facility
maintenance and sanitation. The noted violations must be corrected within
seven (7) days to ensure improved food handling practices and overall food
facility maintenance and sanitation. This will be a comprehensive
reinspection (re-score inspection) and a fee will be charged.
0 to 74 points Red
Closure
Poor food handling practices and overall food facility maintenance and
sanitation. The facility shall be immediately closed. The Environmental
Health Permit will be suspended and a Notice of Closure will be posted
until the Environmental Health Permit is reinstated. At the conclusion of
the inspection conducted to reopen the facility, a new placard will be
posted.
13
14
15
How Violations Are Identified
The Placard Grading System for Retail Food Facilities has been developed to establish
criteria that will be used to evaluate food handling practices and overall maintenance and
sanitation at food facilities within Alameda County. The following information provides a
foundation for how violations are recorded on the Official Inspection Report form (OIR) by
the environmental health inspector. The format used follows the format of the OIR:
category; item number and description of the violation; the applicable section(s) of the
California Retail Food Code (CalCode); a brief explanation of when the item is a violation;
and examples of one or more violations.
The category is in bold lettering with a grey background. The item number and description of
the violation are shown in bold lettering. The sections from CalCode are shown in italic
lettering. Below the CalCode excerpt is a brief explanation as to why/when the subcategory
will be marked and specific examples of violations.
16
CDC RISK FACTORS
DEMONSTRATION OF KNOWLEDGE
1. Demonstration of Food Safety Knowledge Mark 2 pts.
Mark this violation out when food employees do not demonstrate adequate knowledge of, and proper
training in food safety as it relates to their assigned duties. (i.e., demonstrate set-up of 3-compartment utensil
sink)
Cal Code Sec. 113947 -113947.1
Corrective Action the inspector must require that the food facility operator provide all food
employees, working in a food facility, with sufficient knowledge to perform their
job duties in order to prepare and serve food safely
EMPLOYEE HEALTH & HYGIENE PRACTICES
2. Compliance w/ Communicable Disease Procedures Mark 4 pts.
Mark this violation out
• when the Person In Charge (PIC) fails to report to the Alameda County Department of Environmental
Health (ACDEP) when he/she is aware of a food facility employee with a diagnosed gastrointestinal illness
or communicable disease
• when the PIC is aware of two or more food facility employees concurrently experiencing gastrointestinal
symptoms
• when the PIC removes a restriction on a foodhandling employee before the employee’s gastrointestinal
symptoms have ended
• when the PIC removes an exclusion on a food facility employee without local Health Officer written
clearance
• when a PIC is aware of a foodhandling employee with an exposed lesion or wound that is not properly
covered (i.e., bandaged and covered with a glove)
• when food facility employees are observed touching food or food contact surfaces with cuts, rashes, burns or sores
not covered with gloves
Cal Code Sec. 113949.2, 113949.4, 113949.5, 113950, 113950.5, 113973(a)
Corrective Action
• the inspector must require that a food employee working with a diagnosed
illness be excluded from the food facility immediately
• the inspector must require that employees working with undiagnosed
gastrointestinal symptoms be immediately restricted from working with
food, equipment, utensils (including single service utensils) and linen
• the inspector must require that any food handled by the infected
foodhandler must be immediately discarded and the inspector must also
mark #13
• the inspector must also ensure that the manager/PIC understands the
association
between an ill food handler and foodborne illness
INSPECTION REPORT MARKING GUIDE
17
4. Proper Eating, Tasting, Drinking or Tobacco Use Mark 2 pts.
Mark this violation out when an employee is eating/smoking/drinking (i.e., employee observed eating while
preparing food, employee observed tasting with a spoon and putting it back into the food.)
Exception:
• drinking from a covered cup with a straw in the food prep area.
Cal Code Sec. 113977
Corrective Action
• the inspector must require that the employee, who is eating or drinking, (other than the
above approved exception), immediately remove the food / beverage item from the
food preparation, storage or service area and the utensil wash/storage area. Before
handling food or utensils, the food employee must wash their hands
• the inspector must also require that employees wash their hands after smoking and
prior to returning to the food preparation, storage, services areas and utensil
wash/storage areas
• the inspector must ensure that the manager/PIC understands the association between
personal habits/behavior and foodborne illness
Note: If the inspector observes an employee handling food after eating without
washing his or her hands, the inspector must also mark #13 and require that
the food be immediately discarded
3. No Discharge From Eyes, Nose, & Mouth Mark 2 pts.
Mark this violation out when an employee is observed working with discharges from the eyes, nose, or
mouth (i.e., food employee working with runny nose, uncontrolled coughing or sneezing)
Cal Code Sec. 113974
Corrective Action
• the inspector must require that food employees observed with discharges be
immediately restricted from working with food, equipment, utensils (including
single service utensils) and linen
• the inspector must require that any food contaminated with discharges be
immediately discarded or impounded and the inspector must also mark #13
• The inspector must ensure that the manager understands the association between
employee health and foodborne illness
•
•
18
5. Hands Clean/Properly Washed; Gloves Used Properly; Ready-To-Eat (RTE) Food Handling
Mark 4 pts.
Mark this violation out
• when hands/nails/exposed bare arms are not clean
• when hands are not properly washed after touching body parts, hair, raw food, emptying the garbage,
using the restroom, when arriving or returning to the kitchen, after eating, sneezing, coughing etc.
• when hands are not cleaned prior to the use of a hand sanitizer
• when there is no soap available on the premises
• when bare hand contact with food is not minimized (i.e., touching any RTE foods with bare hands)
• when an employee packages a customer’s leftover food with his/her bare hands or unclean utensils
• when food handling employees are handling food with dirty/untrimmed fingernails
• when gloves are not changed with each task
• when food handling employees preparing unpackaged food do not wear gloves over artificial nails,
polished nail, rings, exposed jewelry (other than wedding band), bandages etc.
• when hands are not washed prior to putting on gloves
Cal Code
Sec.
113952, 113953.3, 113953.4, 113961, 113968, 113973 (b-f)
Corrective
Action
• the inspector must require that the employee wash his/her hands properly and use appropriate
food handling utensils
• if a foodhandler touches food with dirty hands, the foodhandler must stop immediately and
properly wash his/her hands, and the food must be immediately discarded and the inspector
must also mark #13
• if the foodhandler touches food with gloves that were not changed after switching tasks, the
inspector must require that the foodhandler immediately discard the food and the foodhandler
must remove and discard the gloves, wash his/her hands and put on new gloves before
continuing with foodhandling activities
• the inspector must ensure that the manager/PIC understands the association between
inadequate hand washing and foodborne illness
6. Adequate Hand Washing Facilities Supplied & Accessible Mark 2 pts.
Mark this violation out
• when there are no hand washing sinks available for use in required areas (i.e. food preparation and
warewashing areas)
• when hand wash sinks are not operable
• when hand wash sinks are not available due to unapproved use (i.e. for utensil wash, food prep.)
• when a soap/towel dispenser is empty or broken
Cal Code
Sec.
113953, 113953.1, 113953.2, 114067(f)
Corrective
Action
• the inspector must require that empty soap/towel dispensers are filled immediately
• the inspector must require that the unapproved use of the handsink is discontinued and that
the hand wash sink is washed, rinsed and sanitized and made available for hand washing
immediately
19
• if unavailable or unapproved hand wash sinks result in a lack of hand washing or improper
hand washing, the inspector must also mark #5 and require that employees designate a hand
wash sink and wash their hands immediately
20
TIME & TEMPERATURE RELATIONSHIPS
7. Proper Hot and Cold Holding Temperatures Mark 4pts/2pts.
(Inspector must confirm temperature violations with a calibrated probe thermometer)
Mark 4pts. when food is received or stored at internal temperatures between 50°F and 130°F
Mark 2 pts when internal food temperature is 42˚F to 49˚F or 131˚F to 134˚F
Each holding unit found with food at unsafe temperatures will be marked as a separate violation and
scored accordingly (i.e., PHF in steam table at 100’F= 4 pts.; soup in warmer at 132 = 2 pts; chicken on
counter at 90’F = 4 pts. Total points deducted = 8 pts)
Exceptions:
• food that is allowed to be stored at or below 45˚F (raw shell eggs, unshucked live
molluscan shellfish, pasteurized milk, pasteurized milk products in original sealed
containers, potentially hazardous foods held for dispensing in salad bars for not more
than twelve hours in any twenty four hour period, food held in vending machines,
potentially hazardous foods held for sampling at a certified farmers market, potentially
hazardous refrigerated food transported at 45˚F and cooled to 41˚F within four hours of
delivery),
• food in active preparation for a maximum of two hours (i.e. assembling, cooking, or
thawing),
• food cooled in compliance with section 114002,
• food transported in less than thirty minutes and roast beef cooked and held in
compliance with sections 114004(b)
Cal Code Sec.
113996, 113998, 114037,114343(a)
Corrective
Action
• the inspector must require that PHFs at high risk temperatures (50˚F - 130˚F) for four or
more hours to be immediately discarded
• the inspector must require that food found in a steam table at temperatures at or below
130˚F for less than 4 hours be immediately re-heated to an internal temperature of
165˚F or above and served or placed in a pre-heated steam table and held at 135˚F
• the inspector must also mark # 11 if the food was inadequately re-heated prior to placing
the food in the steam table
• the inspector must require that PHFs found to be at temperatures of 70˚F- 130˚F for two
hours or less be immediately reheated and cooked and served (if the food is raw) or
immediately reheated and hot held (if the food is already cooked) at 135˚F or reheated
and cooled properly
• the inspector must require that PHFs found at temperatures 42˚F-70˚F for less than four
hours be immediately cooled to 41˚F within two hours and placed in the refrigerator or
immediately cooked and served (if the food is raw) or immediately reheated and served
or hot held (if the food is already cooked) at 135˚F
{or exceptions to temperature holding requirements see the exclusions listed in Cal Code
section #114000 (TPHC), 114419 (HACCP),1144425 (Chinese Style Roast Duck), and
114429 (Korean Rice Cake)}
21
8. Time As A Public Health Control (TPHC); Procedures/Records Mark 4pts/2pts.
Mark 4 pts.
• when potentially hazardous food is stored at unsafe temperatures and there are no approved written
procedures for limiting the time at unsafe temperatures to less than four hours; the written plan must be
approved by the Environmental Protection Division prior to implementation
• when a Time as a Public Health Control program (TPHC) is not adhered to by food employees (i.e. food
TPHC labels do not match with the TPHC monitoring logs)
• when all foods in a TPHC program are not labeled with the discard time that is four hours after the end of
cooking, or four hours after the food is removed from the refrigerator or four hours after the pre-packaged
food container (i.e. tuna) is opened
Mark 2 pts.
• when time log/records/food labels are not maintained and the four hour time limit has not
been exceeded
Cal Code Sec.
114000
Corrective Action
• the inspector must require that TPHC food held beyond the labeled discard times
or TPHC food observed with no labels be discarded immediately
• if the inspector observes inaccurate TPHC logs, they must require that the records
be updated immediately (i.e. logs must reflect the actual foods approved for the
TPHC program and their approved discard times )
• when a second violation of a TPHC program is observed, the inspector must
require that the TPHC program be suspended and the food facility maintain the
required food temperatures for hot and cold food holding immediately
9. Proper Cooling Methods Mark 4 pts.
(Inspector must confirm temperature violations with a calibrated probe thermometer)
Mark this violation out when food is not cooled by the methods approved under Cal Code (i.e., food is not
cooled from 135˚F to 70˚F in two hours and 70˚F to 41˚F in four hours
Cal Code Sec.
114002, 114002.1
Corrective Action
• if food is not cooled to 70˚F within two hours or less or if food is not cooled from
70˚F to 41˚F within four hours or less, the inspector must require that the food
employee re-heat the food and start the cooling process over immediately
• if food cooling time is more than two hours from 135˚F to 70˚F or more than four
hours from 70˚F to 41˚F the inspector must require that the food be immediately
discarded
22
10. Proper Cooking Time & Temperatures Mark 4 pts.
(Inspector must confirm temperature violations with a calibrated probe thermometer)
Mark this violation out when food is not cooked to the following temperatures required by Cal Code:
• when eggs, fish, and single pieces of meat (including beef, veal, lamb, pork and approved game meat)
are cooked to an internal food temperature of 145˚F for 15 seconds (eggs to be hot held must be cooked
to 155ºF before hot holding)
• when poultry, comminuted poultry, stuffed fish/meat/ pasta/poultry/ratites and stuffing containing fish,
meat, poultry, or ratites are cooked to an internal food temperature of 165˚F for 15 seconds
• when ratites, injected meat, comminuted (ground) meat, foods containing comminuted meat and foods
containing raw egg are cooked to internal food temperatures of 155˚F for 15 seconds or to the
temperature specified in the chart below
Minimum Internal Food Temperature Time
145˚F 3 minutes
150˚F 1 minute
158˚F < 1 second (instantaneous)
• Roast beef is cooked to 130˚F for 112 minutes
• Whole beef roast, corned beef roast, pork roast and cured pork roast such as ham, shall be cooked as
specified in Section 114004 (b)(2)
Cal Code
Sec.
114004, 114008, 114010
Corrective
Action
if the minimum required cooking temperature is not met the inspector must require that the food
facility manager/PIC or foodhandler immediately continue the cooking process until the proper
internal temperature is reached
11. Proper Reheating Mark 4 pts.
(Inspector must confirm temperature violations with a calibrated probe thermometer)
Mark this violation out
• when food is not reheated to 165˚F within two hours before serving or for hot holding in steam table
• when commercially processed food is not reheated to 135˚F or above
• when remaining unsliced portions of whole roast beef are not reheated for hot holding using the oven
temperatures specified as per Section 114004(b)(2)
Cal Code
Sec.
114014, 114016
Corrective
Action
• if at the end of the reheating process the food does not reach the required internal
temperature, the inspector must require that the reheating process be continued
immediately until the proper internal temperature is reached
• if the improperly reheated food was placed in the steam table at improper temperatures for
four or more hours, the inspector must require that it be discarded immediately
23
PROTECTION FROM CONTAMINATION
12. Returned and Reservice of Food Mark 2 pts.
Mark this violation out when food served to a customer was previously served to another customer, (i.e.,
bowl of salsa, basket of bread or chips)
Exception: a nonpotentially hazardous food that is served through an approved dispenser or in an unopened
original package and maintained in sound condition, and checked on a regular basis
Cal Code
Sec.
114079
Corrective
Action
the inspector must require that any food found to be re-served or returned from the dining area to
be immediately discarded
13. Food in Good Condition, Safe and Unadulterated Mark 4pts/2pts.
Mark 4 pts.
• when a food handling employee contaminates food by any intentional or unintentional acts
• when food is contaminated by unsanitary tasting techniques
• when food is contaminated by leaks or drips (including fluids from raw meat/poultry, chemicals, or
plumbing fixtures)
• when sulfites or excessive amounts of food additives are added to food
• when food is contaminated by animal feces, urine, hair, live or dead animals/insects, insect eggs, etc.
• when ice previously used for cold holding is used as an ingredient in food or beverage
• when containers previously used for chemicals or poisonous substances are re-used for food
• when backflow preventers or fittings used between copper tubes and carbonators allow back-siphonage
• when unstable metals such as copper or lead are used as food contact surfaces for high acid foods
• when containers, utensils, linen, or single-use utensils are contaminated by vermin, dirt, chemicals or
other deleterious substances
Mark 2 pts.
• when the potential for food contamination exists (i.e. the inspector did not observe any signs of actual
contamination of the food)
Cal Code
Sec.
113967, 113976, 113980, 113988, 113990, 114035, 114254(c), 114254.3
Corrective
Action
• the inspector must require that contaminated food be immediately discarded
• the inspector must require that food found to be at risk for contamination is immediately
removed from the situation which may allow for contamination
24
14. Food Contact Surfaces: Cleaned and Sanitized Mark 4pts/2pts.
Mark 4 pts.
• when food contact surfaces are not cleaned and sanitized
• when food contact surfaces are contaminated and could result in food contamination
• when a sanitizer is not provided in the three compartment sink or final rinse of the dishwasher
• when food-contact surfaces are not washed, rinsed and sanitized before a change in use (between raw
and cooked food or between different raw animal products) or every four hours during the same use
Mark 2 pts. when the frequency or process of cleaning and sanitizing of food contact surfaces is inadequate
(i.e. the sanitizer concentration is measured lower than required ppm)
(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 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 manufacturer's use directions.)
Note:
• surfaces of utensils and equipment used for potentially hazardous foods may be
cleaned less frequently than every four hours if any of the following occurs:
(1) when storage containers of potentially hazardous food and their contents are
maintained at or below 41˚F or at or above 135˚F or at or below 45˚F (for
conditions specified in Section 113996) and the containers are cleaned and
sanitized when they are emptied
(2) utensils and equipment are used to prepare food in a refrigerated room or
area that is maintained at or below 55°F. In that case, the utensils and
equipment shall be cleaned at the frequency that corresponds to the
temperature as depicted in the following chart and the cleaning frequency
based on the ambient temperature of the refrigerated room or area shall be
documented and records shall be maintained in the food facility and made
available to the enforcement agency upon request:
Temperature
Cleaning Frequency
41˚F or less
Every 24 hours
>41˚F - 45˚F
Every 20 hours
>45˚F - 50˚F
Every 16 hours
>50˚F - 55˚F
Every 10 hours
Cal Code
Sec.
113984(e), 114097, 114099.1, 114099.4, 114099.6, 114101 (b-d), 114105, 114109, 114111,
114113, 114115(a, b, d), 114117, 114125(b), 114141
25
Corrective
Action
• the inspector must require immediate closure and notify his or her unit manager when the food
facility does not have a method to wash, rinse and sanitize utensils
• the inspector must require immediate closure and notify his or her unit manager if there is
gross contamination of food contact surfaces that can result in contamination of food
• the inspector must ensure that the manager/PIC understands the association between
contaminated food contact surfaces and foodborne illness
26
FOOD FROM APPROVED SOURCES
15. Food Obtained From Approved Source Mark 4pts.
Mark this violation out
• when food or ice is not from an approved source
• when food received was not transported in an approved manner
Note:
• local enforcement agencies inspect food delivery vehicles only when they arrive at
the retail food facility
• food delivery vehicle violations are to be referred to the Department of Public
Health Food and Drug Branch (FDB) for follow-up
• violations observed on vehicles found at a food facility will not be marked unless
the food facility has accepted delivery of the food
• when a food facility receives unpasteurized liquid, frozen, or dry eggs
• when a food facility receives unpasteurized frozen milk products (i.e. ice cream)
• when a food facility receives unlabeled raw (unpasteurized) milk and raw milk products or raw
(unpasteurized) milk and raw milk products from an unapproved source
• when a food facility receives fish, shellfish, or game animals from unapproved sources
• when a food facility receives broken or unclean shell eggs
• when a food facility receives meat or meat products from a non-USDA inspected facility
Cal Code
Sec.
113980, 113982, 114021-114031, 114041
Corrective
Action
if food is from unapproved, unsafe, or otherwise unverifiable (no tag or label) sources the
inspector must require that the food be immediately discarded or impounded until proof of safe
source can be produced
16. Compliance with Shell Stock Tags, Condition, Display Mark 4pts/2pts.
Mark 4pts.
• when shell stock tags are missing or incomplete
• when shellfish are not received at or below 45˚F
• when there is improper wet shellfish storage (i.e. when water used for fish or other
shellfish is allowed to flow into the shellfish tank or if safety of the shellfish as they were
received is compromised by the use of the tank)
• when shell stocks are comingled
Mark 2 pts.
• when raw shucked shellfish are not properly labeled
• when shell stock is not discarded due to excessive mud, dead shellfish, or broken shells
• when shell stock has been removed from the original container unless displayed on
drained ice or held in a display container with the source properly identified and recorded
• when shell stock tags are not attached to the container in which they were received until
empty
• when tags/labels are not held for 90 calendar days from the date the lot was emptied
• when a live shellfish tank is used for human consumption without a HAACP plan
Exception:
• live tanks in existence prior to Cal Code)
Cal Code
Sec.
114039 – 114039.5
27
Corrective
Action
• the inspector must require that raw shucked shellfish or shell stock from
unapproved, unsafe, or otherwise unverifiable sources shall be immediately
discarded or impounded until the appropriate documentation is provided
• inspectors must require that dead shellfish or shellfish with badly broken shells be
immediately discarded
17. Compliance with Gulf Oyster Regulation Mark 4pts.
Mark this violation out
• when raw Gulf Oysters are offered for sale between April 1st and October 31st without evidence
of a treatment approved by the Department of Public Health FDB
• when raw Gulf Oyster warning signs are not posted for untreated oysters between the months of
November 1, and March 31st
Cal Code
Sec.
113707
Corrective
Action
• the inspector must require that all untreated Gulf Oysters are immediately removed from
sale during banned months (April 1st through October 31st) unless evidence is provided
that the oysters have been treated by a method approved by the California Department of
Public Health FDB
• if an inspector observes untreated Gulf oysters at a food facility between the months of
April 1st and October 31st and the operator refuses to remove them from sale, the
inspector must immediately impound the oysters and notify the Department of Public
Health FDB
• if Gulf Oyster warning signs are missing for untreated gulf oysters between the months of
November 1st and March 31st, the inspector must require that the operator provide the
approved signage immediately
CONFORMANCE WITH APPROVED PROCEDURES
18. Compliance with Variance, Specialized Process & HACCP Plan Mark 4pts/2pts.
Mark 4 pts.
• when a food facility is packaging potentially hazardous food products using a reduced-oxygen packaging
(ROP) method and has not obtained HACCP Plan approval from the Department of Public Health FDB
• when a food facility is modifying food using acidification or water activity as a means to prevent the
growth of Clostridium Botulinum and has not obtained HACCP Plan approval from the Department of
Public Health FDB
• when a food facility is required to have a HACCP Plan approved by the Department of Public Health
FDB and is not following the Department of Public Health FDB’s approved HACCP Plan procedures
• when a food facility has obtained a variance from the Department of Public Health FDB to allow for
deviation from specific code requirements and is not following the approved variance conditions or
procedures
Mark 2 pts.
• when the smoking of food is used as a method of preservation without a written HACCP Plan
• when food is cured without a written HACCP Plan
• when food additives are used as a method of preservation or as a means to change the food to non-
potentially hazardous without a written HACCP Plan
28
• when operating a molluscan shellfish life support tank for shellfish intended for human consumption
without a written HACCP Plan
Exception:
• molluscan shellfish life support tanks for shellfish intended for human
consumption in use prior to Cal Code
• when animals are custom processed as food for personal use without a written HACCP Plan
• when food is prepared by another method without the required written HACCP Plan as determined by
CDPH
Exception:
• Chinese Roast Duck and Korean Rice Cakes
• when a HACCP Plan is not followed as written and approved
Cal Code
Sec.
114057, 114057.1, 114417.6, 114419
Corrective
Action
• if it is determined during an inspection that a Department of Public Health FDB approved
HAACP Plan is required, or that the Department of Public Health FDB approved HACCP
Plan is not being followed, the inspector must require that the affected food products be
immediately discarded or impounded and notify the Department of Public Health FDB as
soon as possible
• if it is determined during an inspection that the alternate procedures detailed in the
variance letter are not being followed, the inspector must require that the affected food be
immediately discarded and notify the Department of Public Health FDB as soon as
possible
• if it is determined during inspection that a CDPH required HACCP plan, is not being
followed, or is not available for viewing, the inspector must immediately conduct a risk
assessment to determine the safety of the food
• if the safety of the food is questionable following the inspector’s risk assessment, the
inspector must require that the food handling practice be discontinued immediately until a
HACCP Plan approved by the CDPH has been developed and implemented and require
that the food be immediately discarded
• if the food is determined to be safe following the inspector’s risk assessment, (i.e. safe
internal temperature) the inspector must require that the foodhandling practice be
discontinued immediately until a HACCP Plan approved by the ACDEP has been
developed and implemented and require the food to be transferred immediately to a
refrigeration unit or reheated for hot holding
Note:
• The plan must include all of the following:
1. water used with fish other than molluscan shellfish does not flow into the
molluscan shellfish tank
2. the safety and the quality of the shellfish when they are received is not
compromised by the use of the tank
3. the identity of the source of the shellfish is retained as required in section
114039.1
29
CONSUMER ADVISORY
19. Consumer Advisory for Raw Undercooked Foods and Foods with ½ of 1% Alcohol Mark 2 pts.
Mark this violation out
• when pasteurized eggs or pasteurized egg products are not substituted for raw shell eggs in foods such
as Caesar salad dressing or hollandaise sauce and no consumer warning is provided
• when the food facility serves raw or undercooked food and fails to provide an advisory (oral or written)
that a food item is being served less than thoroughly cooked
Exception:
• sashimi, seared ahi tuna, steak tartar and customer requests for specified
undercooked foods are exempted from this requirement
Note:
• Gulf Oysters are addressed in data field # 17 (Compliance with Gulf Oyster
Regulations)
Cal Code
Sec.
114012, 114093, 114093.1
Corrective
Action
• the inspector must require that these oral or written advisories precede the service of
undercooked foods
• when an inspector observes that an advisory is not provided to customers prior to service
of undercooked or raw foods, he or she must require that the operator immediately
suspend service of those foods until the advisory is provided
HIGHLY SUSCEPTABLE POPULATIONS
20. Licensed Healthcare Facilities/Public & Private Schools; Prohibited Foods Not Offered Mark 4pts.
Mark this violation out
• when unpasteurized juice, unpasteurized fluid milk or unpasteurized dry milk is served
• when unpasteurized shell eggs are used, unless raw eggs are used for one customer’s serving at a
single meal (no pooling of raw unpasteurized eggs) and cooked as required by code or combined as an
ingredient before baking and thoroughly cooked to a ready-to-eat form, or the food facility is operating
pursuant to a HACCP Plan
• when food in an opened original package is re-served
• when ready-to-eat foods that contain raw food of an animal origin or partially cooked foods are served
• when raw seed sprouts are served
30
Cal Code
Sec.
114091
Corrective
Action
• the inspector must require immediate voluntary disposal, impound or removal of all
unpasteurized dairy and juice products and raw sprouts from facilities serving highly
susceptible populations
Exception:
• unless raw eggs are used for one customer’s serving at a single
meal (no pooling of raw unpasteurized eggs) and cooked as
required by code or combined as an ingredient before baking and
thoroughly cooked to a ready-to-eat form, or the food facility is
operating pursuant to a HACCP Plan
• the inspector must require the immediate continuation of the cooking process of
undercooked foods until the proper cooking temperatures and times are reached
WATER/HOT WATER
21. Hot Water and Cold Water Available Mark 4pts/2pts.
Mark 4 pts.
• when the hot water temperature does not reach 120˚F at the ware washing sink, food preparation sink
and janitorial sink faucets
• when the temperature of the wash solution in ware washing sinks is less than 100˚F
• when the water supply is contaminated or unapproved (the water supply is from a water system that is
not approved by the local enforcement agency)
• when the food facility has no potable water
Mark 2 pts.
• when an adequate, protected, pressurized, potable supply of hot and cold water is not
provided
• when there is a lack of warm water (less than 100˚F) at the hand wash sink
• when there is a lack of hot water at the food preparation sink
• when there is a lack of hot water at the janitorial sink
Cal Code
Sec.
113953(c), 114099.2(b), 114101(c), 114163(a)(3), 114189, 114192, 114192.1, 114195
Corrective
Action
• when the wash solution in a warewashing sink measures less than 100˚F, the inspector
must require immediate correction (repair or closure) or a safe alternative (i.e. chemical
sanitization if the water temperature is warm enough to remove grease and protein matter)
• if the food facility only has pre-packaged food, the inspector can allow the food facility to
remain open for twenty four hours while the hot water is restored
• when a food facility has no water, no potable water, or no hot water, the inspector must
require the food facility to close immediately and notify his or her unit manager
• when the water supply is contaminated or unapproved, the inspector must require the food
facility to close immediately and notify his or her unit manager
• when nonpotable water is used to prepare ice, the inspector must require the immediate
disposal of the contaminated ice, and require that the ice machines and beverage
dispensers be washed, rinsed and sanitized prior to reuse (once potable water is restored)
and the inspector must also mark #13
31
LIQUID WASTE DISPOSAL
22. Sewage and Wastewater Properly Disposed Mark 4pts/2pts.
Mark 4 pts.
• when sewage/waste water over flows or backs up into a food facility that can or does result in
contamination of food contact surfaces and adulteration of foods
• when a grease trap or interceptor over-flows or clogs
• when there are no operable toilets
Mark 2 pts
• when liquid waste is disposed of in an unapproved manner (i.e. grease poured down the
floor drain or storm drain)
Cal Code
Sec.
114197
Corrective
Action
• the inspector must require immediate closure and notify his or her unit manager when
there is sewage over flowing/backing up or when there are no operable toilets
• the closure must remain in effect until the inspector confirms that the sewage disposal
system is repaired and all contaminated surfaces are thoroughly washed, rinsed and
effectively sanitized and all contaminated food is disposed of and the inspector must also
mark #’s 14 and 13
• if the food facility is causing an overflow outside the food facility, the inspector must
require that the source of the overflow immediately cease (i.e. the food facility that is the
source of the sewage overflow is closed or the activity inside the food facility causing the
sewage overflow is discontinued)
• if a septic tank or grease interceptor is overflowing, the inspector must require that it be
pumped as often as necessary until the sewage system is restored to a fully functional
condition
• the inspector must also ensure that the manager/PIC understands that there is a great
potential for the contamination of food and food contact surfaces when sewage overflows
in a food facility
VERMIN
32
23. No Rodents, Insects, Birds or Animals Mark 4pts/2pts.
Mark 4 pts.
• when rats, mice, cockroaches, flies or similar disease carrying vermin are present in a food facility
evidenced by live bodies, fresh droppings, vomitus, urine stains, or gnaw marks that have already
caused or can potentially cause contamination to food, equipment, food packages, or utensils
Mark 2 pts.
• when food handling employees care for or handle animals that may be present (such as patrol dogs,
service animals, or pets) in areas that are used for food preparation, storage, or display or areas used for
utensil washing or storage
• when live animals that are not service animals, are allowed in a food facility
• when non-disease transferring food infesting insects (i.e. fruit flies, moths, beetles, ants, spiders) or birds
are observed in a food facility
• when old signs (dry droppings, etc.) of the presence of vermin are observed with no indication of a
current infestation
Cal Code
Sec.
114259.1, 114259.4, 114259.5, 114259.3
Corrective
Action
• if the inspector observes a live vermin infestation in a food facility, immediate closure and
notification of the inspector’s unit manager is required and the food facility will remain
closed until the infestation is removed
• if the inspector observes food adulterated by any vermin (rats, mice, cockroaches and
other disease carrying pests) the inspector must also mark data field # 13 and require that
the contaminated food be immediately discarded
• the inspector must ensure that the operator understands the potential for vermin to
contaminate food directly by leaving eggs, carcasses, urine, feces and saliva on the food
and indirectly by leaving eggs, carcasses, urine, feces, and saliva on food contact
surfaces
APPROVED RETAIL PRACTICES (#24-49)
SUPERVISION
24. Person In Charge & Performance Duties Mark 1pt.
Mark this violation out
• when the Person In Charge (PIC) is not on the premises during hours of operation
• when the PIC does not ensure that customers don’t pass through food prep/storage areas or utensil
wash/storage areas without a 3 ft. barrier
• when the PIC does not ensure that customers use clean tableware for return trips to salad bars or
buffets
• when the PIC doesn’t monitor the food displays
• when the PIC fails to report to the ACDEP when he/she is aware of an employee with a diagnosed
illness or when he/she is aware of two or more employees concurrently experiencing gastrointestinal
symptoms
33
• when the PIC fails to restrict ill employees with undiagnosed gastrointestinal illnesses from food,
equipment and utensil related operations until the employee’s gastrointestinal symptoms are gone
• when the PIC fails to exclude employees with diagnosed gastrointestinal illnesses from the food facility
• when the PIC is aware of a food handling employee with an exposed lesion or wound that is not properly covered
(i.e. bandaged and covered with a glove)
Cal Code
Sec.
113945-113945.1, 113984.1, 114075
Corrective
Action
• the inspector must instruct the owner/operator to ensure that the PIC is present during all
hours of the operation
• when customers must pass through a food prep or storage area or utensil wash or utensil
storage area to go to the restroom, the inspector must require that a barrier at least 3 ft.
high be installed with a separation of at least 3 ft. between the customers and the food
and utensil related areas
• any food that the inspector finds to be contaminated by customers must be immediately
discarded and the inspector must also mark #13
• If the PIC fails to restrict food handling employees with gastrointestinal illnesses or fails to
exclude food handling employees with diagnosed gastrointestinal illnesses from the food
facility, the inspector must require that the food handling employee be restricted or
excluded and the inspector must also mark #2
34
PERSONAL CLEANLINESS
25. Personal Cleanliness and Hair Restraints Mark 1pt.
Mark this violation out
• when food handling employees preparing, serving or handling food or utensils are not wearing hair
restraints designed and worn to keep their hair from contacting nonprepackaged food, clean equipment,
utensils, linens and unwrapped single-use utensils
• when employees are observed wearing soiled clothing
Cal Code
Sec.
113969, 113971
Corrective
Action
• the inspector must require that operators ensure that all employees preparing, serving or
handling food, handling clean equipment, utensils, linens and unwrapped single-use
utensils wear hair restraints sufficient to keep hair from coming into contact with food and
food contact surfaces
• if an inspector observes foodhandlers with soiled clothing, he or she must require that the
employee replace the soiled clothing with clean clothing or cover the soiled clothing with a
clean uniform
General Food Safety Requirements
26. Approved Thawing Methods Used, Frozen Food Mark 1pt.
Mark this violation out
• when frozen food is not stored and displayed frozen
• when an unapproved procedure is used to thaw potentially hazardous food
Cal Code
Sec.
114018, 114020, 114020.1
Corrective
Action
• the inspector must require that when food is observed thawing at room temperature and
the inspector determines that the food’s exposure to unsafe temperatures was less than
two hours and the food’s internal food temperature is less than 70˚F, the food must be
immediately switched to an approved thawing method (i.e. thawing under running water
that is less than 70˚F, or cooled to 41˚F and placed in the walk-in refrigerator to complete
the thawing process or placed in the oven or microwave as part of the cooking process)
and the thawing must be completed within the time remaining of the original two hours
• the inspector must require that food thawing at room temperature for less than two hours
with an internal temperature greater than 70˚F be cooled to 41˚F within two hours and
placed in a refrigerator to complete the thawing process or cooked to the proper
temperature and either hot held at 135˚F or immediately served
• the inspector must require that food thawing at room temperature for more than two hours
but less than four hours to be immediately cooked to the proper temperature and either
hot held at 135˚F or immediately served
• the inspector must require that food left at room temperature for four or more hours with
internal temperatures between 50˚F and 130˚F be discarded immediately and the
inspector must also mark #7
35
27. Food Separated and Protected Mark 1pt.
Mark this violation out
• when unpackaged food is not protected from potential contamination
• when food is not prepared (thawed, washed, sliced, cooled etc.) in a fully enclosed food facility
Exception:
• an Open-air BBQ, or limited food preparation in an approved food compartment
(i.e. hot dog assembly on a hot dog cart)
• when limited food preparation does not take place in an enclosed food facility or in an approved food
compartment
• when food other than pre-packaged non-potentially hazardous foods or whole produce are displayed
outdoors
• when food at outdoor displays is not checked for periodically by the PIC
• when outdoor display or satellite food service operations are not fully enclosed during non-operating
hours or during bad weather
• when bulk milk container dispensing tubes are not cut diagonally to limit the protrusion of the dispensing
head to one inch
Note:
• this section only refers to circumstances for the potential for contamination
• the inspector must mark actual contamination under # 13
Cal Code
Sec.
113984(a,b,c,d,f), 113986, 114060, 114067(a,d,e,j.), 114069(a,b), 114077, 114089.1(c), 114143
(c)
Corrective
Action
• when the inspector finds food stored, prepared, displayed in unapproved areas, he or she
must require that the operator transfer the food to approved areas or use safe dispensing
procedures
• since storing food in unapproved areas can lead to contamination, the inspector must
require that the corrective action be started immediately
• the inspector must mark food found to be contaminated under #13 and require that the
food be discarded immediately
• the inspector must ensure that the operator understands what and where the potential
sources of food contamination are in a food facility and how to protect the food from those
potential sources of contamination during storage, preparation and service
28. Washing Fruits and Vegetables Mark 1pt.
Mark this violation out
• when produce is not washed before its cut, mixed with other ingredients, cooked, served or offered for
human consumption in ready-to-eat form (i.e. in a salad bar)
36
Cal Code
Sec.
113992
Corrective
Action
• the inspector must require that produce that is not washed prior to cooking, be
immediately discarded in addition to all of the other food that it comes in contact with and
the inspector must also mark #13
• the inspector must require that unwashed raw produce that is offered for immediate
consumption be removed from service and thoroughly washed
29. Toxic Substances Properly Identified, Stored, Used Mark 1pt.
Mark this violation out
• when any pesticide is not used in accordance with the manufacturer’s instructions
• when any chemical (i.e. bleach, detergent, cleaner, toxic substances, medicine etc.) is stored in a
manner that can cause adulteration or contamination of food, or food contact surfaces (utensils,
equipment, packages etc.)
Cal Code
Sec.
114047, 114049, 114051 114053, 114055, 114067 (h), 114069(b)
Corrective
Action
• the inspector must require that chemicals or pesticides stored in food or utensil related
areas to be relocated to areas away from food and utensils
• if an inspector observes the unsafe use of a pesticide or chemical that results in the
contamination of food contact surfaces, the inspector must mark #14 and require the
operator to immediately wash, rinse and sanitize all contaminated areas to completely
remove the pesticide or chemical
• if the inspector observes food contaminated by chemicals or pesticides, he or she must
also mark #13 and require that all contaminated food be immediately discarded
Food Storage/Display/Service
30. Food Storage/Display/Service Mark 1pt.
Mark this violation out
• when the storage area is not clean, dry or large enough for the amount of food stored
• when food is not elevated at least 6” above the floor (except food on pallets, or dollies and pressurized
beverage containers etc.)
• when food is stored on pallets, dollies, racks or skids that are not easily movable by hand and there are
no available hand trucks or forklifts to move them
• when food is stored in unapproved areas (lockers, toilet rooms, dressing rooms, refuse rooms,
mechanical rooms, under stairwells, under other sources of contamination)
• when working/bulk containers of food or ingredients removed from original packages are not labeled with
the common name of the food
• when packaged food is stored improperly in ice and water seeps into the food
• when returned food, food held for return to the distributor or damaged food products are not stored
separately from other food or they are stored in a manner that contributes to a vermin problem
• when food and food contact surfaces are not stored in a fully enclosed permanent food facility
37
Cal Code
Sec.
114047, 114049, 114051, 114053, 114055, 114067(h), 114069(b)
Corrective
Action
• the inspector must require that all food is stored 6” or more above the floor in approved
areas at all times
• the inspector must require immediate relocation of any food storage observed in areas
where there is a great potential for contamination (i.e. toilet rooms, refuse rooms,
outdoors, beneath sewer lines)
• inspectors must check foods stored in unapproved areas for signs of contamination and
require that all contaminated foods be marked under #13 and immediately discarded
• inspectors must require that the storage room/area is well ventilated and equipped with
enough space and approved equipment (i.e. stainless steel shelving or dunnage racks) to
safely store dry foods
31. Consumer Self Service Mark 1pt.
Mark this violation out
• when a food dispensing utensil is not provided for buffet or salad bar food containers
• when raw meat, poultry, or eviscerated fish is offered for consumer self service
Exception:
• sushi, raw shellfish or ready to cook individual portions to be cooked immediately
by the customer and consumed on-site or selected by the customer at a Mongolian
BBQ for immediate cooking and consumption
• when self service beverage dispensers are not properly operated or maintained
Cal Code
Sec.
114063, 114065
Corrective
Action
• if the inspector observes buffet or salad bar food containers without service utensils, he or
she must require that the operator provide them immediately
• any buffet or salad bar food found by the inspector to be contaminated, must be
immediately discarded
• if the inspector observes unpackaged raw meat, poultry or eviscerated fish offered for self
service, he or she must require that the operator discontinue that practice immediately
and relocate the food to approved storage areas for dispensing by the food facility
employees or offered for self service in a pre-packaged form
• the inspector must require that beverage dispensers are clean and sanitary and used in a
manner that prevents contamination of the beverage dispensed
• the inspector must ensure that the operator knows that it is the PIC’s responsibility to
monitor the buffet, salad bar and beverage dispensing operations
• if there is no PIC available during inspection, the inspector must also mark #24 and
require that the operator provide a PIC
38
32. Food Properly Labeled & Honestly Presented Mark 1 pt.
Mark this violation out
• when food is offered for human consumption and is not honestly presented or is misleading (i.e. fish,
poultry or meat is advertized as fresh, but the fish, poultry or meat was previously frozen, the quarter
pounder burger did not weigh a ¼ of a pound prior to cooking, a pink light is used inside the meat display
case, or when margarine is advertised as butter)
• when bulk food containers are not labeled
• when pre-packaged food does not have a label with the name of the food, list of ingredients in
descending order, net weight of ingredients, name and address of manufacturer, packer or distributor,
nutritional labeling (unless exempt in the Federal Food Drug and Cosmetic Act) or does not comply with
the Food Allergen Labeling and Consumer Protection Act of 2004 (except bakery products sold to other
food facilities or directly over the counter to consumers by the manufacturer or bakery distributor)
• when sell-by or use-by dates are concealed or altered
• when confectionary foods with more than ½% of alcohol do not identify the alcohol content on their label
• when a food facility stores or uses oil, shortening or margarine containing 0.5 grams or more of artificial
trans fat per serving for preparation of any food
• when 20 or more chain food facilities do not list the nutritional content of its menu items by:
✓ caloric content on the menu next to the menu item at sit-down restaurants
✓ complete nutritional content on a table tent or menu insert at sit-down restaurants (until the
second tier enforcement begins)
✓ caloric content on menu boards at take-out counters
✓ pamphlets containing complete nutritional content at drive through windows
Cal Code
Sec.
114087, 114089, 114089.1 (a,b), 114090, 114093.1
Corrective
Action
• the inspector must require that the operator discontinue any practice that results in the
misrepresentation or in misleading the public about the food’s condition or identity
• the inspector must require that all bulk food and pre-packaged food is properly labeled
• the inspector must require that any food whose origin, identity or ingredients are in
question, should be impounded until the origin, identity or ingredients are determined
• the inspector must require that all food facilities store or use oil, shortening or margarine
that contains less than 0.5 grams of artificial trans fat per serving
• the inspector must require that any fat, oil, shortening, margarine or food items
containing .5grams or more per serving of trans fat be impounded or discarded
• the inspector must require that 20 or more chain food facility list the nutritional content of
its menu items by:
✓ caloric content on the menu next to the food item at sit-down restaurants
✓ complete nutritional content on a table tent or menu insert at sit-down
restaurants (until the second tier enforcement begins)
✓ caloric content on menu boards at take-out counters
✓ pamphlets containing complete nutritional content at drive through windows
• the inspector must require that food products with expired sell-by or use-by dates be
immediately discarded or allow the operator to return these food products to the
distributor
39
• the inspector must refer pre-packaged manufactured food other than dairy or baby food
with expired sell-by or use-by dates to the Department of Public Health FDB for
enforcement action
• the inspector must refer all labeling violations related to food packaged by wholesale food
facilities to the Department of Public Health FDB for follow-up
Equipment/Utensils/Linens
33. Nonfood Contact Surfaces Clean Mark 1pt.
Mark this violation out
• when nonfood contact surfaces of equipment are not kept clean of an accumulation of dust, dirt, food
debris/residue, or other contaminants
Cal Code
Sec.
114115 (c)
Corrective
Action
• the inspector should ensure that the manager/PIC understands that unclean non-food
contact surfaces can lead to cross contamination of food contact surfaces and food
when hands, clothing or utensils touch the contaminated nonfood contact surfaces and
afterwards touch food contact surfaces and food
• the inspector should require that the operator has a written maintenance schedule to
clean the equipment as often as necessary
34. Warewashing Facilities: Installed, Maintained Mark 1pt.
Mark this violation out
• when the food facility prepares food and does not have a three-compartment sink with dual integral
metal drain boards
• when the sink compartments are too small to accommodate the largest utensil
• when alternative manual warewashing methods or equipment are used without ACDEP approval
• when the warewashing machine is not approved (i.e. home-style unit) or the warewashing machine is not
installed or operated per manufacturer instructions
• when the warewashing machine does not have a data plate with the machine’s design and operating
specifications
• when the warewashing machine is not equipped with a water temperature measuring device
• when the warewashing machine or sink unit does not have integral metal drain boards
• when the warewashing sink is used for hand washing
• when there is no testing equipment available to check sanitizer concentrations
• when employees don’t monitor sanitizer concentrations while operating mechanical or manual utensil
washing equipment
• when a thermometer is not provided to measure washing and sanitizing temperatures throughout the
warewashing period
40
Cal Code
Sec.
114067(f, g), 114099, 114099.3, 114099.5, 114101(a)114101.1, 114101.2, 114103, 114107,
114125
Corrective
Action
• inspectors must require all food facilities to provide ANSI approved (or equivalent) 3-
compartment sink units with compartments large enough to accommodate the largest
utensil and two integral metal drain boards
Note:
inspectors should consult their unit managers for enforcement directions on
existing facilities with space challenges
• inspectors must require that all food facility warewashing machines be approved and
equipped with temperature measuring gauges and data plates
• the inspector must require that chemical testing equipment (i.e. chlorine, iodine,
quaternary ammonium test strips) or temperature testing equipment (i.e. thermal labels)
be provided for testing mechanical and manual warewashing equipment sanitizers
• the inspector must require that warewashing sinks are not used for any other purpose
(i.e. hand washing) unless the alternative use is approved by the ACDEP and adhered to
• the inspector must also mark #14 when food contact surfaces are not properly washed,
rinsed and sanitized
35. Equipment/Utensils ANSI Approved Mark 1 pt.
Mark this violation out
• when equipment and utensils are not constructed to be durable, intact and functional under normal use
• when new and replacement equipment are not certified or classified for sanitation by an ANSI accredited
certification program or approved by the ACDEP (when no standard may exist)
Exception:
• See section 114130 (c) for restricted food facility exemption circumstances
• when new and replacement electrical appliances do not meet UL standards
• when unstable, or unapproved surfaces are used for equipment, utensils (including single-use-utensils),
and food contact surfaces that allow for the transfer of harmful substances, odors, colors or tastes to food
(i.e. low fired ceramic ware, galvanized metal containers, copper or copper alloys, etc) is used in contact
with food with a ph lower than 6.0 ( i.e. vinegar, juice, wine)
• when copper fittings are used between a backflow preventer and a carbonator
• when copper or copper alloys are used in contact with beer brewing ingredients
• when multi-use utensils are not smooth, not free of cracks/breaks/chips/open seams, not free of sharp
internal edges/angles/corners, do not have smooth welds/seams, are not easily disassembled when
disassembly is necessary for accessibility during cleaning or cannot be disassembled without the use of
tools
Exception:
• utensils that can be easily disassembled by the use of easily available hand tools
are allowed
• when nonfood contact surfaces exposed to splash, spillage or other food soiling are not made of rust
resistant, nonabsorbent, and smooth easily cleanable material free of sharp edges, crevices and
projections
41
• when the Clean-in-Place (CIP) is not designed so that the cleaning and sanitizing solutions circulate
through a fixed system to clean and sanitize all the interior surfaces and then self drains the cleaning and
sanitizing solutions from the equipment or when the sanitizing solution is not completely drained from the
system
• when wood or wood wicker is used as a food contact surface
Exceptions:
• commercial cutting boards, rolling pins, chopsticks made from hard maple or
equivalent hard woods may be used as food contact surfaces
• raw whole fruit/vegetables/nuts may be stored in wooden shipping crates
• when equipment is installed with “V” type threads
• fixed equipment is not readily accessible for cleaning
• table top equipment is not sealed to the table or mounted on 4” legs
• when utensils and equipment are not kept clean, fully operative and in good repair
• when equipment surfaces are damaged and no longer cleanable
• when the number of equipment needed for cooling, cooking, re-heating, or holding hot and cold food is
not sufficient to maintain proper food temperatures during preparation, holding and transporting of the
food
• when electrical power is not supplied at all times
• when live molluscan shellfish tanks are used for human consumption without an approved HACCP Plan
for operating a live shellfish tank
• when live shellfish tanks are present for display only purposes without written notification to the public
that it is only intended for display
• when an approved food preparation sink is not provided
• when fogging device reservoirs aerosol tubing and discharge nozzles are not washed, rinsed and
sanitized at least once a week
• when fogging devices are installed with reservoirs after July 1, 2007
Cal Code
Sec.
114130, 114130.1, 114130.2, 114130.3, 114130.4,114130.5, 114132, 114137, 114139, 114153,
114155, 114163, 114165, 114167, 114169, 114175 114177, 114180, 114182
Corrective
Action
• the inspector must require that all unapproved equipment be replaced with equipment
certified by an ANSI accredited certification program
• if electrical appliances are observed that don’t meet UL standards, the inspector must
require that they are replaced by UL certified equipment
• the inspector must require that non-food contact surfaces exposed to splashing or food
spillage are made of rust resistant, nonabsorbent easily cleanable surfaces
• the inspector must require that the CIP cleaning, rinsing and sanitizing process contacts
all interior surfaces and that the solutions are completely drained from the equipment
• the inspector must require that all food contact surfaces are made of approved materials
and all unapproved food contact surfaces are removed from the food facility
• when copper is used as a food contact surface for foods with a pH lower than 6.0, the
inspector must require that the food be immediately discarded and mark #13 and the
inspector must require that the unapproved use of the copper utensil or equipment is
immediately discontinued
42
• the inspector must require that operators maintain their equipment clean, operational and
in good repair
• the inspector must require the replacement of all equipment with damaged and
uncleanable surfaces and equipment made of unapproved surface materials
• if the inspector observes live molluscan shellfish tanks storing shellfish intended for
human consumption, without a HACCP plan on site, the inspector must require that the
shellfish cannot be used for human consumption until an approved HACCP Plan is
provided and the inspector must also mark #18
• the inspector must require that all facilities provide a food preparation sink
• inspectors must require that existing fogging devices (prior to July 1, 2007) be washed,
rinsed and sanitized on a regular basis
• inspectors must not allow fogging devices with reservoirs after July 1, 2007
36. Equipment, Utensils and Linens: Storage & Use Mark 1 pt.
Mark this violation out
• when pre-set tableware is not protected from contamination
• when tableware used by customers is again used for second portions
• when lip-contact surfaces of utensils are not protected from contamination during handling, storage and
display
• when equipment and utensils are not stored in a manner to allow for air drying
• when single-use utensils are not protected from contamination by storage in their original protective
packages or protected otherwise
• when service utensils are not stored in a sanitary manner (i.e. handles of service utensils not stored
above the food and container, utensils used for non-PHFs are not stored with the handle up above the
top of the food surface, utensils for potentially hazardous food are not stored on a clean surface, in hot
water at least 135˚F or under cold running water)
• when clean linen, single-use utensils, equipment or multiservice utensils are stored in unapproved areas
(i.e. in the restroom, under stairs, under sewer lines, etc)
Exception:
• clean linen and single-use utensils can be stored in a protective compartment in
the locker room
• when pressurized cylinders (i.e. CO2 tanks) are not fastened securely to a rigid structure
• when linen is used as a food contact surface
Exception:
• use of clean linen to line food containers is only allowed under the following
conditions:
1. the type of food items stored in linen lined food containers must be restricted
to dry baked foods, such as muffins, bread or pastries
2. the linen must be replaced each time the container is re-filled for a new
customer and they must be laundered prior to re-use
• when adequate storage space is not available for clean linen
• when soiled linen is not kept separately from clean linen, equipment and utensils
• when a mechanical washer is located in areas with exposed food, utensils and linen
43
• when linen is washed at facilities that don’t have mechanical washers
• when mechanical washers on the premises are used for personal clothing
Cal Code
Sec.
114074, 114081, 114119, 114121, 114161, 114178, 114179, 114083, 114185, 114185.2,
114185.3, 114185.4, 114185.5
Corrective
Action
• the inspector must require that all unused pre-set tableware that remain on the table after
a customer is seated at that table be removed and washed, rinsed and sanitized prior to
seating the next customer at that table or prior to use of the utensils by another customer
• if the inspector observes used tableware being used to provide second portions, he or
she must require that the food contaminated by the soiled utensils be immediately
discarded and the inspector must also mark #13
• if the inspector observes utensils handled on the lip-contact portion, the inspector must
require that the utensil be immediately removed from service and washed, rinsed and
sanitized prior to distributing to other customers
• if an inspector observes utensils stored in unapproved areas, not properly stored to allow
for air drying, or when service utensils are stored improperly (i.e. not stored in the food or
in 135˚F water or under cold running water), he or she must require that the utensil be
washed, rinsed and sanitized prior to further use
Note:
• If the improperly stored or dried utensils results in food contamination, the
inspector must require that the food be immediately discarded and the
inspector must also mark # 13
• if an inspector observes single-use utensils not in their original package and exposed to
contamination he or she must require that those single-use utensils be immediately
discarded and the inspector must also mark #14
• if an inspector observes single-use utensils or clean linen stored in unapproved areas
(i.e. the restroom, garbage room, or soil linen stored next to clean linen) he or she must
require that the single-use utensils be relocated to an approved and sanitary storage
area and the linen be washed, rinsed and sanitized in a mechanical washer and
relocated to an approved and sanitary storage area.
• If contamination of single-use utensils is suspected, the inspector must require that those
single-use utensils be immediately discarded and the inspector must also mark #14
• if the inspector observes linen covering food, he or she must require that the linen is
removed immediately
• If the inspector observes food covered by dirty linen the inspector must require that the
food be immediately discarded and the inspector must also mark #13
• the inspector must require that the operator provide adequate and approved storage for
clean and soiled utensils, equipment, clean and soiled linen and single-use utensils
• the inspector must require that operators wash their linen separately from personal
clothing
• the inspector must require that any linen he or she observes washed with personal
clothing be re-washed, rinsed and sanitized
• the inspector must require that all food facilities provide an approved means of
laundering their linen, either by providing their own on-premises mechanical washers or a
professional laundry service
44
• the inspector must require that any linen that was hand washed be re-washed, rinsed
and sanitized in an approved mechanical washer prior to use
37. Vending Machines Maintained Mark 1 pt.
Mark this violation out
• when the contact information for the operator is not posted on the vending machine
• when there is wet storage (melting ice) of pre-packaged food
• when PHF’s are not dispensed in the original package
• when thirty day cleaning records are not provided
• when the vending machine is not constructed to ANSI or NAMA standards
• when overhead protection is not provided for outdoor machines
• when the dispensing compartment of outdoor machines are not equipped with a self closing door or
cover
Cal Code
Sec.
114145
Corrective
Action
• if an inspector observes unapproved vending machines or food held or dispensed in an
unsanitary manner, the inspector must require that the vending machine be put out of
service until the corrections are made
• if the inspector observes contaminated food or food contact surfaces, he or she must also
mark #13 or #14 and require that the food be immediately discarded and also require that
the food contact surfaces be washed, rinsed and sanitized
45
38. Approved & Adequate Ventilation and Lighting Mark 1 pt.
Mark this violation out
• when sufficient ventilation is not provided to ensure proper food storage and provide reasonable comfort
to all employees working in the food facility
• when toilet rooms are not ventilated with an openable window, air shaft or mechanical exhaust operated
by a light switch and approved by the building department
• when mechanical exhaust equipment is not provided over all cooking equipment to effectively remove
smoke, odors, heat, grease, vapors and steam
Exceptions:
• equipment submitted to the ACDEP and found not to produce grease, smoke,
odors, toxic gases, vapors or heat
• restricted food facilities are exempt but still must provide adequate ventilation to
exhaust smoke, odors, heat, grease, vapors, and steam
• when HVAC systems are designed or installed in a manner where intake or exhaust vents cause
contamination to food, equipment, or utensils or cause air currents that make it difficult to maintain PHF
temperatures
• when mechanical exhaust ventilation equipment is not installed or maintained in accordance with the
Uniform Mechanical Code except for units subject to part 2 , beginning with section 18000 of division 13
of the Uniform Mechanical Code
Note:
• local enforcement agencies may exempt cooking equipment from mechanical
exhaust requirements when appropriate
• exhaust hoods must be constructed with tight seams, sufficient clean-outs to
clean ducts, and properly sloped ducts
• exhaust hoods must be maintained to ensure that filters are changed and intake
and exhaust air ducts/shafts are cleaned as often as necessary to avoid
becoming a source of contamination and a fire hazard
• when sufficient lighting is not provided in every room where food is prepared, manufactured, processed
or packaged or where utensils and equipment are cleaned:
- 10 foot candles measured 30 inches from floor in the walk-in refrigerator and
dry storage areas
- 20 foot candles on customer self service or pre-packaged food equipment,
inside reach-in or counter refrigeration units and 30 inches from the floor in
hand wash, utensil/equipment washing and storage areas and toilet rooms
- 50 foot candles where an employee is working with food or utensils or
equipment to ensure food safety and employee safety (when working with
knives, saws, grinders, slicers etc.) and in all areas during cleaning
• when light bulbs are not shielded coated or shatter proof in areas where there is open food, clean
equipment, utensils, and linen or unwrapped single-use-utensils
Exceptions:
• shielded, coated or shatter proof bulbs are not required in areas where only
prepackaged food is stored
• when infrared and heat lamps do not have shatter resistant bulbs
Cal Code
Sec.
114149, 114149.1, 114149.2, 114149.3, 114252, 114252.1
46
Corrective
Action
• if the inspector observes insufficient ventilation in the food storage room he or she must
require that the operator provide adequate ventilation
• the inspector may have to require that the food storage be relocated to a better ventilated
area or require that the operator reduce the food inventory to decrease product storage
time
• If the inspector finds that restricted food facilities cannot provide adequate ventilation,
exhaust ventilation approved by the ACDEP must be provided
• if the inspector observes a toilet room without adequate ventilation (no openable window
or no or inadequate mechanical exhaust ventilation) he or she must require that the
operator submit plans to the ACDEP and the Department of Building inspection to install
a mechanical exhaust system
• the inspector should require that all light bulbs in areas with open food, clean linen, and
utensils be shielded, coated, or unbreakable
• if the inspector observes a shattered bulb, he or she must require that all open food
beneath the shattered bulb be immediately discarded and all food contact surfaces be
carefully cleaned to remove all glass and the inspector must also mark #’s 13 and 14
39. Food Thermometers Provided and Accurate Mark 1 pt.
Mark this violation out
• when a readily visible thermometer is not provided in the warmest area of the refrigerator
• when hot and cold holding equipment is not equipped with a temperature measuring device or the
temperature measuring device is not located to allow for reading the temperature display
Exception:
• equipment that are designed in a manner where placement of a thermometer is not
a practical method for measuring ambient temperature due to the equipment design
(i.e. heat lamps, cold plates, bain maries, steam tables, insulated food transport
containers, salad bars and calrod units)
• when thermometers are not readily readable or have increments greater than 2˚F
• when a probe thermometer for measuring food is not readily available
• when a thermocouple or similar device used to measure thin masses of food is not provided to measure
hamburger patties, fish fillets etc
• when thermometers are not accurate to plus or minus 2˚F
• when glass thermometers are used unless they are candy thermometers encased in a shatter proof
coating
Cal Code
Sec.
114157, 114159
Corrective
Action
• if the inspector finds there are no thermometers on site and active food preparation
(cooking, reheating, cooling, holding) is taking place, the inspector must require that the
food facility obtain an adequate supply of probe thermometers immediately
Note:
47
• proper cooling, reheating or cooking cannot be conducted without
monitoring internal food temperatures
• when the inspector observes foodhandlers conducting cooling, cooking, or reheating,
without monitoring food temperatures with a thermometer, the inspector must also mark
violations #9, #10, or #11
• the inspector must ensure that the manager/PIC understands the need to monitor food
temperatures throughout food storage and preparation procedures in order to maintain
safe food temperatures
• the inspector should check the food facility’s thermometers for accuracy and provide on-
site thermometer calibration training when necessary
• if thermometers are not washed, rinsed and sanitized between uses, the inspector must
also mark #14 and require that the thermometer be washed, rinsed and sanitized prior to
further use
• if the inspector observes a foodhandler using an unwashed, unsanitized thermometer on
food, he or she must require that the food be immediately discarded and also require
that the thermometer be washed, rinsed and sanitized immediately and the inspector
must also mark #13 and #14
40. Wiping Cloths: Properly Used and Stored Mark 1 pt.
Mark this violation out
• when sponges are used on food contact surfaces
• when wiping cloths are used for wiping food spills and are used for another purpose
• when dry cloths used to clean food spills are used more than once
• when used cloths are not stored in a sanitizing solution
• when dry or wet cloths used to clean raw animal fluids are used for other purposes or not kept separate
from cloths used for another purpose or not kept in a separate sanitizing solution
• when sanitizing solutions are not changed as often as necessary to remove food debris and visible soil
• when containers of sanitizing solution are not used or stored in a manner to prevent contamination of
food, equipment, utensils, linen or single-use utensils
• when wet wiping cloths are not laundered daily
• when dry wiping cloths are not laundered as often as necessary to prevent contamination of food and
clean serving utensils
Cal Code
Sec.
114135, 114185.1, 114185.3 (d-e)
Corrective
Action
• when inspectors observe employees using soiled wet or dry cloths or sponges to clean
food contact surfaces, they must require that the food contact surface be immediately
washed, rinsed and sanitized using a clean sanitized cloth and the inspector must also
mark #14
• the inspector must require that soiled dry wiping cloths used to clean up spills be washed,
rinsed and sanitized after each use
48
• the inspector must require that soiled, properly stored wet wiping cloths be washed,
rinsed and sanitized every four hours
• the inspector must require that improperly stored wet wiping cloths be washed, rinsed and
sanitized prior to re-use
• the inspector must require that any sponges found at the food facility be immediately
discarded
• the inspector must require that the wiping cloth sanitizing solution be changed every four
hours or more frequently when necessary
• the inspector must ensure that the manager/PIC understands the relationship between
ineffective sanitizing solutions for food contact surfaces and food contamination
• when an inspector observes the contamination of food by soiled wiping cloths, he or she
must also mark #13 and the inspector must require that the food be immediately
discarded
49
50
Physical Facilities
41. Plumbing: Proper Backflow Devices Mark 1 pt.
Mark this violation out
• when plumbing and plumbing fixtures are not installed in compliance with local plumbing ordinances, not
maintained to prevent contamination, not fully operative or not in good repair
• when nonpotable water piping is not visibly distinguishable from potable water piping
• when liquid waste drain lines pass through an ice machine or an ice storage bin
• when boiler water additives do not meet requirements per 21C.F.R.: 173.310
• when a potable water hose is not constructed of nontoxic materials, or is used for other purposes, or is
not clearly labeled for its use or is not stored in a manner to prevent contamination
• when indirect waste receptors (i.e. floor sinks) are not easily accessible
• when the potable water supply (mop sinks, other sinks with threaded faucets) is not provided with a
backflow prevention device
• when food equipment that discharge liquid waste is not drained through an air gap into a floor sink or
other approved receptor (i.e. properly installed and functioning evaporator for refrigerators)
• when warewashing machines connected directly to the sewer are not connected downstream from a floor
drain
Exception:
• warewashing sinks directly plumbed prior to January 1, 1996 may continue use
• warewashing sinks are not required to provide indirect plumbing when the local
plumbing code requires that the sink be directly plumbed
• when a grease trap or interceptor is located in a food or utensil handling area without approval from the
ACDEP
• when the grease trap or interceptor is not readily accessible for cleaning
Exception:
• grease traps or interceptors in place prior to when this section of Cal Code came
into effect are exempt
• when a food facility is newly constructed or extensively remodeled and floor drains are not installed or
improperly installed (the floor is not sloped 1/4 inch to the floor drain) in areas where floors are flushed or
pressure sprayed
• when an equipment compartment subject to moisture accumulation from condensation, melting ice, food
or beverage drip are not sloped to a draining receptacle
Cal Code
Sec.
114171, 114189.1, 114190, 114192, 114193, 114193.1, 114199, 114201, 114269
Corrective
Action
• the inspector must require that any incorrectly installed plumbing lines or fixtures,
equipment drains or grease traps be corrected or replaced with the approval from the
ACDEP and the Department of Building Inspection
• the inspector must require that all sinks with threaded faucets are provided with a back
siphonage prevention device and all food equipment is protected during waste
discharging by an air gap and drained to an approved receptor
• the inspector must require that drain receptors are accessible for cleaning
• the inspector must require the correction or replacement of ice machines and ice bins,
when liquid waste lines pass through the ice
• the inspector must require that the operator make potable and non potable water piping
distinguishable
• the inspector must require that the potable water hose is made of nontoxic material, is
only used for food, equipment or utensils, is clearly labeled for its use and is stored in a
manner to prevent contamination
• the inspector must mark sewer back-ups under #22
51
42. Garbage and Refuse Properly Disposed; Facilities Maintained Mark 1 pt.
Mark this violation out
• when facilities (approved garbage disposal service and frequency of service) and equipment
(approved/adequate receptacles with tight fitting lids for solid and liquid waste) necessary to store or
dispose of waste in a sanitary manner are not provided by the food facility
• when refuse containers are not leak proof, durable, nonabsorbent and vermin proof with tight fitting lids
• when waste receptacles are not provided for customers when needed
• when waste receptacles are not provided in each area of the food facility where waste is generated or
recyclables are stored
• when an area away from food, utensils, equipment, linens and single-use articles is not provided to store
waste, returnables, and recyclables and equipment, resulting in the creation of a public health hazard,
nuisance or attraction or harborage of pests
• when receptacles and waste handling units are placed in areas that cause a public health hazard or
nuisance or prevent cleaning of adjacent areas
• when walls, floors and/or ceiling of the indoor waste storage area are not made of approved materials
and do not exclude vermin
• when an outside waste storage area or enclosure is not constructed of an nonabsorbent, easily
cleanable, durable floor material sloped to a drain
• when waste receptacles, storage areas and enclosures are not maintained clean and in good repair
• when waste receptacles and handling units are cleaned in a manner that causes contamination of food,
equipment, linen, utensils, or single-use utensils
• when the necessary cleaning supplies and equipment are not provided to maintain the waste
receptacles, storage or enclosures
• when cardboard and other recyclable materials are not removed at a frequency that prevents attraction or
harborage of pests
• when animal byproducts and inedible kitchen grease is not disposed of by a renderer or registered
transporter of inedible kitchen grease licensed by the Department of Agriculture
Exception:
• inedible kitchen grease does not include grease from a grease interceptor
• the food facility can transport kitchen grease in their own vehicle to an approved
central collection point
52
Cal Code Sec.
114244, 114245, 114245.1, 114245.2, 114245.3, 114245.4, 114245.5, 114245.6,
114245.7, 114245.8
Corrective
Action
• the inspector must require that all food facilities maintain their food facility free of
garbage accumulation by contracting with an approved and adequate, licensed
garbage disposal service
• the inspector must require that garbage receptacles and garbage areas are cleaned
frequently and maintained in a sanitary manner
• the inspector must also mark #23 when garbage or recyclable storage methods result
in vermin attraction and/or harborage
• the inspector must ensure that the manager/PIC understands the relationship between
improper maintenance of refuse storage operations and vermin attraction and
harborage
43. Toilet Facilities Cleaned, Supplied, Maintained Mark 1 pt.
Mark this violation out
• when toilet facilities are not provided or the number of toilet facilities is not in compliance with the local
plumbing and building codes
• when toilet facilities are not clean or in good repair
• when toilet facilities are not conveniently located and accessible to employees at all times the food facility
is in operation
• when the toilet facility is used to store food, utensils, equipment or supplies
Note:
• food facilities located in amusement parks, stadiums, arenas, zoos, food courts,
fair grounds, etc do not have to have a toilet facility in each food facility, if a toilet
facility is located within 200 feet of their food facility, but each food facility must
provide hand washing equipment on their premises
• when toilet facilities are not provided for patrons when there is on-site consumption of food or when at
least one toilet for men and at least one toilet for women is not provided when the food facility is more
than 20,000 sq ft. and constructed after July 1, 1984
Note:
• gas pump areas of service stations maintained in conjunction with a food facility
should not be included in the measurement of square footage
Note:
• food facilities constructed before January 1, 2004 that provide food for on-site
consumption must either provide a toilet for food facility customers or post a sign
prominently in a public area that toilet facilities are not provided
• when patrons must pass through food preparation, food storage, or utensil wash or storage areas to go
to the toilet facility
• when toilet facility doors are not self closing and well-fitted
• when hand washing facilities are not provided or are not in good repair
Cal Code Sec.
114250, 114250.1, 114276
Corrective
Action
• the inspector must require that each food facility provides adequate, sanitary, well
equipped toilet facilities with hand washing equipment and self closing doors for their
employees and patrons
• the inspector must ensure that the manager/PIC understands the relationship between
inadequate toilet facilities and disease transmission
• the inspector must take the necessary action noted under #24 and the inspector must
also mark #24 when customers must pass through food preparation/storage areas or
utensil wash/storage areas to go to the toilet facility
53
44. Premises; Personal/Cleaning Items; Vermin Proofing Mark 1 pt.
Mark this violation out
• when satellite food service operations are not completely enclosed during nonoperating hours or severe
weather
• when food preparation sinks, warewashing sinks or hand wash sinks are used to store or clean
maintenance tools (i.e. mops) or dispose of mop water and similar liquid wastes
• when the food facility and the surrounding land under its control are not kept free of litter and items that
are not necessary to its operation (i.e. broken equipment, construction debris, and stored personal
belongings etc)
• when an open air barbeque is not operated on the same premises as, in conjunction with, and in close
proximity to a permanent food facility or poses a fire hazard
• when all areas of a food facility are not kept clean, fully operative and in good repair
• when cleaning equipment and chemicals are not stored in areas or cabinets away from food
storage/preparation areas and utensil storage/wash areas
• when wet mops are not stored to air dry in a manner that prevents soiling of walls, equipment or supplies
• when a curbed cleaning facility or mop sink is not provided or not conveniently located
Exception:
• restricted food facilities are exempt if they have hot water for cleaning and an
approved sewage disposal system for liquid waste disposal
• when employee storage areas are located in areas where food, equipment, utensils, linen and single-use
utensils can become contaminated
• when employee lockers or other approved storage facilities are not provided for employees to store their
personal belongings or clothing or change rooms are not provided for employees who change their
clothes in the food facility
• when medicines are not labeled, and not stored in a container away from food storage/preparation and
utensil washing/storage areas
• when first aid kits are not labeled with the manufacturer label and/or not stored in a kit or container away
from food preparation/storage and utensil washing/storage areas
• when the food facility is not constructed, operated or maintained in a manner to prevent entrance or
harborage of vermin, animals (including insects) or birds
• when a pass through window opening does not comply with Cal Code requirements
• when insect electrocution devices are not UL certified or equivalent and are not constructed to keep the
insect within the device or is located above food or utensil handling areas
•
Cal Code Sec.
114067 (j), 114123, 114143 (a), & (b), 114256, 114256.1, 114156.2, 114256.4, 114257,
114257.1, 114259, 114259.2, 114259.3, 114279, 114281, 114282
Corrective
Action
• if the inspector observes a satellite food service operation that is not completely
enclosed after operating hours, he or she must require that all food contact surfaces be
washed, rinsed and sanitized prior to opening and that the operator provides a
complete enclosure
54
• the inspector must order a cease and desist to open-air barbeque facilities that are not
operated on the same premises as, in conjunction with, and in close proximity to a
permanent food facility or that pose a fire hazard
• when an inspector observes hand wash sinks, ware washing sinks or food prep sinks
used for cleaning or storage of mops or other maintenance tools, he or she must
require that the unapproved operations cease immediately and the sinks are washed,
rinsed and sanitized prior to re-use
• inspectors must require that operators provide areas separate from food, equipment
and utensil operations for employee lockers, change areas, medicine and chemical
storage
• inspectors must require that all holes, cracks or crevices are sealed with ¼ inch wire
mesh, sheet metal or other approved materials and that pass through windows comply
with Cal Code to exclude vermin
• inspectors must require that any insect electrocution device is UL certified or the
equivalent and constructed to keep the insect in the device and is not located above
food, or utensil handling areas
• the inspector must require that the operator maintain the food facility and the land
under its control, free of litter and items that are not necessary to its operation, such as
broken or unused equipment, stored personal belongings, and construction debris etc.
Permanent Food Facilities
45. Floors, Walls, and Ceilings are Maintained and Clean Mark 1 pt.
Mark this violation out
• when a permanent food facility is not fully enclosed in a building or does not have permanent walls, floors
and ceilings that meet minimum Cal Code requirements
Exceptions:
• food facilities not fully enclosed that are in operation before January 1, 1985 do not
need to comply until they remodel, change their menu or change their operation
• outdoor dining areas and other outdoor operations approved for food service
• a produce stand that was in operation before July 1, 2007 can have a maximum of
one side open to the open air during business hours
• when floor surfaces are not clean, not in good repair, not durable, not nonabsorbent, not smooth, not
coved 3/8 of an inch at the floor wall juncture and do not extend up the wall 4 inches
Exceptions:
• public and private schools unless there is a major remodel
• sawdust, wood shavings and peanut hulls are allowed in the dining room
• use of dust arresting floor sweeping and cleaners is allowed
• use of anti slip floor finishes is allowed
• methods that are not dustless are used to clean (i.e. wet cleaning, vacuum
cleaning, mopping with treated dust mops or sweeping using a broom and dust
arresting compounds)
Cal Code Sec.
114143(d), 114266, 114268, 114268.1, 114271, 114272
Corrective
Action
• if the inspector observes a food facility that is not fully enclosed and was not previously
approved for operation under those conditions, the inspector must refer the food facility
to his or her unit manager for possible closure until full enclosure is provided and
approved by the ACDEP
55
• if the inspector observes a floor in disrepair or improperly constructed, the inspector
must require that the floor be repaired or replaced with a timeline relative to the level of
the hazard it presents
• the inspector must require that the floors, walls, and ceilings in all permanent food
facilities are of approved construction
46. No Living or Sleeping Quarters Inside Facility Mark 1 pt.
Mark this violation out
• when a private home, a room used for living or sleeping or an area directly opening into a room used as a
living or sleeping quarters is used to conduct food facility operations
• when sleeping accommodations are kept in a room where food is prepared, stored or sold or sleeping
quarters are located on the same premises as the food facility and are not separated from the food facility
areas by solid walls and self closing doors
Exception:
• restricted food facilities are exempt as long as no sleeping accommodations are in
any area where food is prepared or stored
Note:
• nonperishable prepackaged food may be given away, sold or handled from a
private home
• food with expired sell-by dates must not be sold
Cal Code Sec.
114285, 114286
Corrective
Action
• if the inspector finds sleeping accommodations are not separated from the food facility
by a solid wall and a self closing door, he or she must require that the practice be
discontinued immediately and the sleeping accommodations be removed from the food
facility
• pre-packaged nonperishable food with expired sell-by dates should be referred to the
Department of Public Health FDB for enforcement
Signs/Requirements
47. Signs and Permits Posted; Last Inspections Reports and
Food Safety Certificates Available Mark 1 pt.
Mark this violation out
• when a copy of the most recent inspection report is not maintained at the food facility and available upon
request
• when a copy of the public advisory notice informing customers that a copy of the most recent inspection
report is available for review upon request is not posted or not visible to customers
• when food safety certificates are not posted
• when food handler cards are not in the possession of food employees
• when hand wash signs are not posted at hand wash sinks
• when a no-smoking sign is not posted in food preparation, food storage and warewashing areas
• when the permit to operate is not posted
56
Cal Code Sec.
113725.1, 113953.5, 113978, 114381 (e)
Corrective
Action
• when an inspector does not observe a sign that is required to be posted, he or she must
require that the operator acquire the sign and post it promptly and prominently in the
required area and maintain it at all times
• when a manager does not have a food safety certificate
• when a food handler does not have a food handler card
Compliance and Enforcement
48. Compliance With Plan Review Requirements Mark 1 pt.
Mark this violation out
• when complete plans are not submitted to the ACDEP prior to new construction or remodel of a food
facility or when a new construction or remodel of an existing food facility is started without approval from
the ACDEP
Note:
• a change in menu may require plan submission when the menu change results in
the need to expand food storage areas or when a pre-packaged only food facility
or a minimum food preparation food facility expands to include food preparation
and/or cooking operations
• structural and sanitation requirements are based on the food service activity to be
conducted, the type of food to be prepared and served and the extent of food
preparation
•
Cal Code Sec.
114380
Corrective
Action
• if an inspector observes a food facility under construction and the inspector confirms
that the food facility did not submit plans nor receive the approval from the ACDEP, the
inspector must issue a written order to immediately cease and desist construction until
plans are submitted and approval from the ACDEP is received
• if an inspector observes cooking or food preparation in a food facility that is not
approved for those activities, he or she must issue a written order to the operator to
cease and desist from those activities immediately and to submit plans for the
proposed operation
57
49. Facility Operating With Valid Permits Mark 1 pt.
Mark this violation out
• when a satellite food service is not operated in conjunction with a fully enclosed permanent food facility or
written procedures are not available
Note:
• satellite food service is defined as a remotely located food service operation that is
constructed on the same property as and in reasonable proximity to and in
conjunction with a fully enclosed permanent food facility
• satellite food service does not include remote food service operations within a fully
enclosed permanent food facility
• when a food facility is open for business without a valid permit
Note:
• even though inspectors are authorized by law entry to licensed food facilities
during hours of operation for the purpose of inspection, a food facility employee
may refuse entry if the inspector fails to produce a ACDEP picture ID or a business
card and a California Driver’s License
Cal Code Sec.
114067(b, c), 114381 (a), 114387
Corrective
Action
• the inspector must issue an order for closure (and notify his or her unit manager) to
facilities operating without a valid permit or to remote food service operations not on the
same property as or not operating in conjunction with or not in close proximity to the
fully enclosed permanent food facility
58
SELF INSPECTION CHECKLIST
This checklist is provided so that you may perform periodic reviews of your food facility’s
operation and to assist you in identifying areas that may need improvement. Since the
items listed in this checklist are considered to be related to the transmission of
foodborne illness it can also be used as a training resource for your employees. The
Environmental Protection Division is dedicated to working with the food operator to
assure that their patrons are protected from foodborne illnesses. The use of this self-
inspection checklist is one method that will help you provide a safe and healthy dining
experience for your patrons.
FOOD
1. Food is purchased from an approved source (licensed by the county, state,
or federal government).
2. Food is inspected and found to be free from contamination, adulteration,
and spoilage.
3. Unpackaged foods which have been served or returned from the dining area
are discarded.
4. All foods are stored a minimum of 6” off the floor.
5. Restrooms are not used for the storage of food, equipment, or supplies.
6. All paper products are stored in a manner so as to protect them from
contamination.
7. Food, and food related products, is being protected from dirt, unnecessary
handling, overhead leakage, and other forms of contamination.
8. All food storage containers have tight fitting lids and are properly labeled.
9. Foods are dispensed in the self-serve area in an approved manner.
10. The use of sulfites is prohibited.
11. Food products are labeled in an approved manner.
12. Food products with an alcohol content exceeding 0.5% are properly labeled.
13. Shellfish tags kept for 90 days; warning signs posted.
TEMPERATURE CONTROL
1. Potentially hazardous foods are maintained at or below 41°F or at or above
135°F at all times.
2. A thermometer, accurate to + or -2°F, is provided either as an integral part
of the refrigerator and freezer (dial outside), or is located inside each unit at
its warmest point, readily visible.
3. An accurate metal probe thermometer, suitable for measuring food
temperatures, is readily available and is being used to check food
temperatures.
59
4. Food products are thawed in one of the following methods only: a) in
refrigeration units; b) under cold running, potable water of sufficient velocity
to flush loose food particles; c) in a microwave oven; d) as part of the
cooking process.
5. Thawed food items are not refrozen.
6. Cooked or processed foods may be refrozen.
7. Rapid cooling and reheating procedures used for all potentially hazardous
foods.
PERSONNEL
1. An owner or employee has successfully passed an approved and accredited
food safety certification examination.
2. All food handling employees possess food handler’s cards.
3. Employees wash their hands with soap and hot water (100oF) for the
following reasons: a) before starting work; b) immediately after using the
restroom; c) any time needed to prevent food contamination.
4. Employees handling food or utensils have no open sores, and are not sick.
5. Employees are wearing clean outer garments.
6. Tongs or other implements are used for serving food products.
7. Hair of employees is properly confined.
8. Employees do not smoke or use tobacco inside the facility.
WATER AND SEWAGE
1. All sinks are fully operable with hot and cold water at each faucet.
2. All sinks drain properly. Floor drains and floor sinks are in good working
order.
3. Plumbing is in good repair.
4. Grease traps and septic tanks are routinely serviced.
EQUIPMENT
1. All equipment (i.e. stoves, grills, refrigerators, tables, sinks, etc.) is clean
and well maintained; food contact surfaces are properly washed and
sanitized.
2. Inoperable equipment has been repaired or replaced (removed from the
facility).
3. Equipment is listed or certified by ANSI or equivalent.
4. No equipment has been replaced, moved, or added without prior approval
from the Environmental Protection Division.
60
UTENSILS
1. Multi-service utensils are being washed using one of the following methods:
a) in a three compartment sink (wash-rinse-sanitize); b) dishwasher,
conforming to ANSI standards, using a chemical sanitizing rinse; c)
dishwasher, conforming to ANSI standards, using rinse water that reaches
at least 171°F for 30 seconds, or as specified by the manufacturing
specifications. The appropriate sanitizer concentration test strips must be
available.
2. All utensils are clean and well maintained.
3. Damaged or unapproved utensils have been repaired or replaced.
4. Utensils are properly protected during storage.
FLOORS / WALLS / CEILINGS
1. Floors are clean, well maintained and in good repair.
2. Walls, ceilings and windows are clean, well maintained and in good repair.
TOILET / DRESSING ROOM / HANDWASHING SINKS
1. Toilet facilities are clean, well maintained and in good repair.
2. Self-closing doors in toilet and dressing rooms are working properly.
3. Single service soap and paper towel dispensers for all handwash sinks are
operable and full.
4. Toilet tissue dispensers are full.
5. Legible handwashing signs are properly posted.
6. Either mechanical ventilation or an openable window is provided in each
restroom and are in proper working order.
LIGHT AND VENTILATION
1. Adequate lighting and ventilation is provided throughout the facility.
2. Exhaust ventilation filters are clean and well maintained.
3. Light fixtures have approved safety covers.
PEST CONTROL
1. Facility is free from insect and rodent infestations.
2. Live animals, birds, or fowl are not located in the facility.
3. Outside doors and screen doors are self-closing and closures are in working
order.
4. Air curtains are operating properly.
5. Only approved pesticides are used and stored in the proper manner.
61
REFUSE
1. Trash containers are leak-proof and covered.
2. Outside trash bin lids are closed.
3. Outside premises and refuse areas are clean and well maintained.
OPERATION
1. Hazardous substances (example: chemicals, cleaning supplies, etc.) are
properly labeled and stored away from food products.
2. No smoking signs are properly posted.
3. Cleaning equipment and soiled linens are properly stored.
4. Returned, damaged, or unlabeled food products are properly stored.
5. Facility has a current Environmental Health Permit to operate posted in
public view.
THE FOLLOWING CONDITIONS ARE CONSIDERED SERIOUS. YOUR
FACILITY MUST CLOSE UNTIL CORRECTIONS ARE MADE.
1. Overflowing sewage inside the facility.
2. No potable water.
3. No hot water.
4. No electricity.
5. No operating refrigeration equipment.
6. Vermin infestation.
7. An employee who is a carrier of a communicable disease.
8. Gross insanitary conditions.
QUESTIONS?
Contact the Environmental Protection Division at 510-567-6700 or visit our web site at
www.acgov.org/aceh
Operator’s Inspection Notes:
62
63
Departmental Policies
The Environmental Protection Division has policies and procedures that are in
conformance with the state law or local ordinance and are used to protect the public’s
health and safety. These policies ensure that we perform our job in a consistent and
fair manner. The following information is provided to help the food operator understand
the most common policies and procedures that may apply to a food facility.
Fees
Annual Health Permit Fee: The annual health permit is effective for one year from the
issue date. You will be invoiced two months prior to the permit expiration date. The fee
must be paid timely to maintain the status of your health permit and to avoid penalties.
Facilities operating without valid permits will be closed.
For new facilities or for a change in ownership, payment of the fees is required at the
time the application for a health permit is submitted.
The health permit fee has been established to recover the costs of conducting routine
inspections and other food program related activities.
Service Fee: A service fee, at the current amount established in ordinance, will be
assessed to the owner/operator of a facility for the time accrued by staff when:
1. A reinspection is conducted to ensure compliance has been achieved.
2. An administrative hearing is held.
3. Other enforcement actions are necessary.
Rescore Inspection Fee: A rescore fee, based on the current hourly rate, must be
submitted when a request for a rescore inspection is made. The fee is to recover the
costs of conducting the inspection, any additional enforcement activities and an
unannounced inspection within 90 days from the last routine inspection.
Multiple Health Permits for One Facility
Multiple food establishments operated by the same permittee within one facility, for
example, a bakery and meat counter located within a supermarket, each facility be
issued a separate Environmental Health Permit and each facility will be scored/graded
individually. A separate permit fee will be required for each facility.
Posting Requirements for Retail Food Facilities
Green, Yellow , Red Placards
The Placard, which is posted by the health inspector, is based on the score on the
Inspection Report Form. The Placard must be posted in an area that is clearly visible to
patrons of the food facility and the public. If the food facility has multiple Environmental
64
Health Permits, the inspector will post the Placard of each separately permitted facility
at its individual customer service counter or area. For example, a supermarket that has
a permit for a retail food market and a separate permit for a bakery will post the Placard
of the retail food market at the entrance to the market, and the Placard for the bakery at
the bakery's customer service counter. The Placard must remain posted until the next
routine inspection, when the inspector will post a new Placard.
Notice of Closure
A Notice of Closure sign is posted by the health inspector when the facility receives
either:
1. A score of 74.0 or less after a routine inspection by an REHS; OR
2. An imminent health threat exists that requires an REHS to close the facility to
protect the public health and safety.
The Notice of Closure must be posted in an area that is clearly visible to patrons of the
food facility and the public. If the food facility has multiple Environmental Health
Permits, the food operator must post the Notice of Closure sign at the affected facility’s
entrance or individual customer service counter or area. The sign may only be removed
by an REHS.
Reopening after receiving a score of 74.0 or less:
The facility must be inspected by an REHS before it may be reopened. The score
received after this inspection will determine the Placard issued to the facility. This is the
Placard that will remain until the next routine inspection. To reopen, the facility must
achieve a score of at least 75 points. If the facility receives a score of 75 to 79 a
mandated reinspection will be conducted in seven (7) days to ensure improved food
handling practices and overall food facility maintenance and sanitation is achieved.
Reopening after an imminent health hazard:
The facility must receive permission from the Food Program Supervisor before it may be
reopened. The facility will be inspected after permission is given to confirm that the
imminent health hazard has been corrected.
Availability of Inspection Reports
In addition to the posting requirements, the food operator is required to have available
the most recent Inspection Report Form that corresponds to the posted Placard. The
food operator is required to post a notice advising patrons “that a copy of the most
recent inspection report is available for review by interested parties”. The inspection
report must be available for review by the public when requested.
65
Rescore Inspection
The rescore inspection gives the food operator an opportunity to improve the food
facility’s Placard (from a Yellow or Red Placard to a Green Placard).
1. Yellow Placard:
The food operator must correct the noted violations and request a rescore
inspection no later than seven (7) days after the original routine inspection.
2. Red Placard
A mandatory reinspection is required before the facility will be re-opened.
After the violations are confirmed corrected, a rescore may be requested at
the end of this mandatory reinspection.
The rescore inspection will be completed within seven (7) days of the request. Before
the inspection is conducted, the food operator must pay a fee to recover the costs of
conducting the inspection. At the conclusion of the rescore inspection, a new Placard
will be posted. At the conclusion of the each unannounced routine inspection, a new
Placard will be posted.
Enforcement Actions
Suspension of Environmental Health Permits
Suspension of an Environmental Health Permit is also commonly referred to as ‘Notice
of Closure’ of a food facility. A permit is suspended when:
• There is an immediate danger to the public health and safety.
• The inspection score is less than 75 points.
Some examples of the conditions that are an immediate danger to the public’s health
and safety:
• Sewage overflowing in the facility.
• Lack of potable, pressurized hot and cold water supply (e.g. presence of
contaminated water or no water).
• The water temperature at the faucet of any critical sink: handwashing is100oF or
less), food preparation and utensil washing is 120°F or less.
• Unsafe food temperatures (e.g. all refrigeration units are inoperable).
• Gross unsanitary conditions.
• Communicable disease transmission (e.g. Hepatitis A, Shigella).
• Rodent or insect infestation
If a condition exists that requires the closure of the food facility, the health inspector
must also notify his/her supervisor. When the notification has been done, the health
inspector will inform the food operator of the suspension of the Environmental Health
Permit and will direct the food operator to discontinue the operation of the food facility.
The health inspector will post a Notice of Closure sign.
66
The food facility operator will receive an Inspection Report Form that notes the
immediate health hazards with the reason(s) for the permit suspension and the facility
must remain closed until the Environmental Health Permit is reinstated.
Revocation of an Environmental Health Permit
The revocation of an Environmental Health Permit is for more serious reasons, such as
repeated serious violations, failure to comply with the orders on the Official Inspection
Report form or interference with duties of the health inspector. The process followed is
similar to suspension of an Environmental Health Permit.
The health inspector must obtain notify his/her supervisor of the need to close the
facility. When the notification is done, the health inspector will inform the food operator
of the suspension of the Environmental Health Permit and the Division’s intentions to
revoke the permit. The health inspector will direct the food operator to discontinue the
operation of the food facility and will post a Notice of Closure sign.
The food operator/permit holder will receive an official “Notice of Violation”
correspondence from the Chief of the Division of Environmental Protection summarizing
the violations noted that lead to the closure. In addition, the correspondence will include
a historical summary of violations (repeat violations are specifically highlighted) noted at
the food facility. The correspondence also provides the operator an opportunity to
request an administrative office hearing to show “cause” why the Environmental
Health Permit should not be revoked.
The Division of Environmental Protection Chief or his designee will determine,
after the administrative hearing, whether the food facility’s Environmental Health
Permit will be revoked.
The facility must remain closed until a new permit is issued.
Appeal Process
If, after completion of an inspection, the permittee disagrees with the inspection
findings or the resulting Placard, the permittee may request an appeal.
1. The permittee must submit a written request for an appeal within
three (3) business days following the inspection.
2. The appeal will be reviewed by the Unit Supervisor in consultation
with the Division Chief.
3. The previously issued Inspection Summary Report (Placard) shall
remain posted until the final decision by the Unit Supervisor and Division
Chief.
4. After the final decision, the new Inspection Summary Report
(Placard) shall be posted within one (1) business day.