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BENNIGAN'S No. 2221

FAIL

Friday, December 28, 2007 at 4:20 PM

Address
191 STUART ST
Back Bay, MA 02116
Category
FS
Violations
22 total
⚠️ 2 critical
⚠ 1 major
Facility History
9 inspections
6 failures

Violations Cited

⚠️ CRITICAL 20-4-703.11

Food Contact Surfaces Clean

Provide proper sanitization of kitchen preparation surfaces prior to performing food preparation. No sanitizing buckets observed at active preparation stations.

Why This Matters

INVISIBLE KILLERS: Bacteria survive on 'clean-looking' surfaces for days. Inadequate sanitization caused Salmonella outbreak affecting 1,500 people via ice cream. Cutting boards can harbor 200 times more fecal bacteria than toilet seats. E. coli survives 1-4 hours on surfaces. Norovirus survives 2 weeks. One contaminated slicer infected 300 people with Listeria.

Code Requirements

SANITIZATION MANDATORY: Chemical sanitizers: Chlorine 50-100 ppm, Quaternary Ammonium 200-400 ppm, Iodine 12.5-25 ppm; Hot water: 171°F for 30 seconds by immersion; Contact time: minimum 7-30 seconds depending on sanitizer; Test concentration EVERY 2 hours; Change solution when visibly soiled; ALL food contact surfaces must be sanitized: After each use with different foods; When switching raw to ready-to-eat; Every 4 hours in continuous use.

Corrective Actions

IMMEDIATE: Set up proper sanitizer at ALL stations; Test and adjust concentration NOW; Re-sanitize ALL food contact surfaces; Obtain test strips immediately; Post sanitizer concentration chart; Train staff on test strip use; Create sanitization log; Change solutions every 2 hours minimum

Mass. Code: 105 CMR 590.004(G) | FDA Code: Section 4-703.11
⚠️ CRITICAL 31-5-203.11

Number Convenient

Dedicate a hand sink at the bar. Provide physical separation between the hand sink and bar's ice well.

Why This Matters

This violation directly contributes to foodborne illness risk

Code Requirements

Immediate correction required. Follow health code section . Implement proper food safety procedures. Train all staff. Document corrective actions taken.

FDA Code: Section 31.5.203
⚠ MAJOR 35-6-501.111/.115

Insects Rodents Animals

Provide an Integrated Pest Management plan to address the live cockroaches observed within the kitchen store room and the dish area.

Why This Matters

DISEASE VECTORS: Mice produce 50-75 droppings daily containing Salmonella, Hantavirus. Cockroaches carry 33 types of bacteria, 6 parasitic worms. Flies regurgitate and defecate on food, spreading E. coli, Shigella. One mouse can contaminate 10 times more food than it eats. Pest allergens trigger asthma in 26% of inner-city children.

Code Requirements

Facility must be pest-free: No live or dead pests; No droppings or urine; No gnaw marks or rub marks; No nesting materials; Effective pest control program; Monthly professional service recommended; All openings sealed; Remove harborage conditions.

Corrective Actions

Call pest control service immediately; Discard ALL contaminated food; Clean and sanitize all affected areas; Seal all openings larger than 1/4 inch; Install door sweeps; Eliminate standing water; Remove clutter; Increase cleaning frequency

Mass. Code: 105 CMR 590.007(K) | FDA Code: Section 6-501.111, 6-501.115
• MINOR 05-4-302.12

Food Thermometers Provided

No metal stem thermometers observed on the cooking line. Provide cooking staff with thermometers so that they can verify temperatures.

Why This Matters

This violation affects overall sanitation and food safety

Code Requirements

Immediate correction required. Follow health code section . Implement proper food safety procedures. Train all staff. Document corrective actions taken.

FDA Code: Section 05.4.302
• MINOR 08-3-305-307.11

Food Protection

Discard cracked and chipped ice scoops to avoid physical contamination of ice.

Why This Matters

This violation affects overall sanitation and food safety

Code Requirements

Immediate correction required. Follow health code section . Implement proper food safety procedures. Train all staff. Document corrective actions taken.

FDA Code: Section 08.3.305
• MINOR 08-3-305-307.11

Food Protection

Discontinue the storage of salad mixing bowls and utensils on salad greens to prevent cross contamination of food.

Why This Matters

This violation affects overall sanitation and food safety

Code Requirements

Immediate correction required. Follow health code section . Implement proper food safety procedures. Train all staff. Document corrective actions taken.

FDA Code: Section 08.3.305
• MINOR 10-3-304.12

Food Utensil Storage

Discontinue the storage of salad mixing bowls or top of salad greens. Provide proper storage.

Why This Matters

This violation affects overall sanitation and food safety

Code Requirements

Immediate correction required. Follow health code section . Implement proper equipment procedures. Train all staff. Document corrective actions taken.

FDA Code: Section 10.3.304
• MINOR 15-4-202.16

Non-Food Contact Surfaces

Replace cracked and broken refrigeration gaskets.

Why This Matters

This violation affects overall sanitation and food safety

Code Requirements

Immediate correction required. Follow health code section . Implement proper food safety procedures. Train all staff. Document corrective actions taken.

FDA Code: Section 15.4.202
• MINOR 15-4-202.16

Non-Food Contact Surfaces

Replace or repair the broker components to the ice machine including the handles doors and drainage pans. A leak to the second beer cooler to the left of the bar island entrance is causing the bottom of the beer cooler to rust and water to accumulate on the floor. Repair.

Why This Matters

This violation affects overall sanitation and food safety

Code Requirements

Immediate correction required. Follow health code section . Implement proper food safety procedures. Train all staff. Document corrective actions taken.

FDA Code: Section 15.4.202
• MINOR 16-4-301.12

Three Compartment Sink

Provide proper drain stoppers to the three bay sink at the bar.

Why This Matters

This violation affects overall sanitation and food safety

Code Requirements

Immediate correction required. Follow health code section . Implement proper food safety procedures. Train all staff. Document corrective actions taken.

FDA Code: Section 16.4.301
• MINOR 17-4-204.112/.115

Equipment Thermometers

Replace internal equipment thermometer where missing in kitchen refrigeration equipment and walk in units.

Why This Matters

This violation affects overall sanitation and food safety

Code Requirements

Immediate correction required. Follow health code section . Implement proper equipment procedures. Train all staff. Document corrective actions taken.

FDA Code: Section 17.4.204
• MINOR 17-4-302.14

Test Kit Provided

Provide appropriate sanitizer test strips at bar and kitchen dish machine.

Why This Matters

This violation affects overall sanitation and food safety

Code Requirements

Immediate correction required. Follow health code section . Implement proper food safety procedures. Train all staff. Document corrective actions taken.

FDA Code: Section 17.4.302
• MINOR 23-4-602.13

Non-Food Contact Surfaces Clean

Clean the following items: the exterior of the fryer pump unit the interior of the kitchen and bar refrigeration units to remove food debris the gaskets and shelving to the refrigeration and walk in units as needed the exterior to the refrigeration equipment located alongside the cooking equipment the exterior surfaces of the warming equipment and the exterior surfaces of the cooking equipment.

Why This Matters

INDIRECT CONTAMINATION: Dirty surfaces attract pests, harbor bacteria, and contaminate via contact or air movement. Dust from dirty shelves contains allergens affecting 32 million Americans. Grease accumulation creates slip hazards causing 25% of restaurant injuries.

Code Requirements

Non-food contact surfaces must be cleaned at frequency to prevent: Soil accumulation; Pest attraction; Contamination of food/food contact surfaces. Includes: Equipment exteriors; Shelving; Walls and ceilings; Light fixtures; Ventilation systems.

Corrective Actions

Deep clean all non-food contact surfaces; Create cleaning schedule with daily, weekly, monthly tasks; Assign cleaning zones to staff; Use degreaser for grease accumulation; Clean from top to bottom; Maintain cleaning log

Mass. Code: 105 CMR 590.004(G) | FDA Code: Section 4-602.13
• MINOR 29-5-201/02.11

Installed and Maintained

Repair the hand sink at the right side of the kitchen line. Cold water not available at sink. Suspect issue with mixing valve. Repair the leak in the mop sink. Repair the leak to the dish machine.

Why This Matters

This violation affects overall sanitation and food safety

Code Requirements

Immediate correction required. Follow health code section . Implement proper food safety procedures. Train all staff. Document corrective actions taken.

FDA Code: Section 29.5.201
• MINOR 32-6-301.11-02.11

Hand Cleaner Drying Tissue Signage

Promptly restock soap and towels at each hand sink

Why This Matters

This violation affects overall sanitation and food safety

Code Requirements

Immediate correction required. Follow health code section . Implement proper personal hygiene procedures. Train all staff. Document corrective actions taken.

FDA Code: Section 32.6.301
• MINOR 32-6-501.11-.12/6-202.14

Toilet Enclosed Clean

Replace the toilet seat in the men's restroom.

Why This Matters

This violation affects overall sanitation and food safety

Code Requirements

Immediate correction required. Follow health code section . Implement proper cleaning & sanitization procedures. Train all staff. Document corrective actions taken.

FDA Code: Section 32.6.501
• MINOR 33-5-501.116

Improper Cleaning of Receptacles

Maintain the exterior of the trash containers free from food debris overnight to prevent pest infestation.

Why This Matters

This violation affects overall sanitation and food safety

Code Requirements

Immediate correction required. Follow health code section . Implement proper cleaning & sanitization procedures. Train all staff. Document corrective actions taken.

FDA Code: Section 33.5.501
• MINOR 36-6-201.11

Floors Designed Constructed Installed

Replace vinyl tiles that are lifting in the men's restroom to promote cleaning. Remove the carpeting within the auxiliary Storage room beside Damon's. Replace with smooth durable and readily cleanable surface.

Why This Matters

Poor facility maintenance can harbor pests and prevent proper cleaning

Code Requirements

Smooth, non-porous surfaces; Properly sloped to drains; No gaps or cracks; Maintained clean

FDA Code: Section 36.6.201
• MINOR 36-6-501.11-.12

Improper Maintenance of Floors

Clean the following floor areas: beneath the bar equipment beneath the kitchen equipment and beneath the dish machine.

Why This Matters

CONTAMINATION RESERVOIR: Damaged floors harbor bacteria in cracks. Standing water breeds Listeria, Pseudomonas. Broken tiles create pest harborage. Floor contamination spreads via shoes, equipment wheels, and dropped items. CDC found floor drains positive for Listeria in 40% of retail delis.

Code Requirements

Floors must be: Smooth and non-porous in food areas; Properly sloped to drains (1/8 to 1/4 inch per foot); Coving at wall junctures sealed; No cracks, holes, or missing tiles; Grout intact and sealed; Cleaned daily or more frequently; Dry except when cleaning.

Corrective Actions

Schedule floor repairs within 30 days; Seal all cracks immediately with approved sealant; Improve drainage to eliminate standing water; Increase cleaning frequency; Replace missing tiles; Re-grout as needed; Remove any carpeting from food areas

Mass. Code: 105 CMR 590.006(A) | FDA Code: Section 6-501.11, 6-501.12
• MINOR 37-6-501.11-.12

Improper Maintenance of Walls/Ceilings

Clean the walls behind the cooking line the hand sink to the right of the cooking line the walkway ramp to the preparation area and the walls behind the preparation tables. Clean the walls to the mop sink area.

Why This Matters

OVERHEAD CONTAMINATION: Peeling paint and debris fall into food. Condensation on ceilings drips bacteria onto prep surfaces. Studies found ceiling tiles harbor Bacillus cereus spores. Restaurant ceiling collapse contaminated food service for 200 guests.

Code Requirements

Walls/ceilings must be: Smooth and washable in food areas; Light-colored for easy soil detection; Free of holes, cracks, peeling paint; Sealed at all joints and attachments; Clean and free of grease, dust, cobwebs; Non-absorbent in areas subject to moisture.

Corrective Actions

Repair all holes within 14 days; Repaint with washable paint; Replace damaged ceiling tiles; Seal all penetrations; Clean walls and ceilings monthly; Fix any leaks immediately; Install FRP panels in splash zones

Mass. Code: 105 CMR 590.006(B) | FDA Code: Section 6-501.11, 6-501.12
• MINOR 37-6-501.11-.12

Improper Maintenance of Walls/Ceilings

Why This Matters

OVERHEAD CONTAMINATION: Peeling paint and debris fall into food. Condensation on ceilings drips bacteria onto prep surfaces. Studies found ceiling tiles harbor Bacillus cereus spores. Restaurant ceiling collapse contaminated food service for 200 guests.

Code Requirements

Walls/ceilings must be: Smooth and washable in food areas; Light-colored for easy soil detection; Free of holes, cracks, peeling paint; Sealed at all joints and attachments; Clean and free of grease, dust, cobwebs; Non-absorbent in areas subject to moisture.

Corrective Actions

Repair all holes within 14 days; Repaint with washable paint; Replace damaged ceiling tiles; Seal all penetrations; Clean walls and ceilings monthly; Fix any leaks immediately; Install FRP panels in splash zones

Mass. Code: 105 CMR 590.006(B) | FDA Code: Section 6-501.11, 6-501.12
• MINOR 42-6-501.113/.114

Premises Maintained

Provide proper storage within the auxiliary storage room adjacent to Damon's. Items should be stored on shelves pulled away from walls and otherwise discarded if not needed to eliminate point of harborage for cockroaches and mice.

Why This Matters

This violation affects overall sanitation and food safety

Code Requirements

Immediate correction required. Follow health code section . Implement proper food safety procedures. Train all staff. Document corrective actions taken.

FDA Code: Section 42.6.501
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Data sourced directly from Boston Inspectional Services Department