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BENNIGAN'S No. 2221

FAIL

Monday, April 28, 2008 at 3:00 PM

Address
191 STUART ST
Back Bay, MA 02116
Category
FS
Violations
10 total
Facility History
9 inspections
6 failures

Violations Cited

• MINOR 08-3-305-307.11

Food Protection

Remove the rust from the warmer above the grill. It represents a potential physical hazard to the food prepared on the grill.

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
✓ Corrected

Food Protection

Discontinue the storage of salad mixing bowls directly on the salad greens to prevent cross contamination. Provide deli paper gloves or tongs at the bread station and instruct wait staff to implement solution to prevent bare hand contact with ready to eat food. Wait staff not observed handling rolls during inspection. Provide proper storage of ice scoops. The unsanitized top of the ice maker is not appropriate.

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
✓ Corrected

Food Utensil Storage

Discontinue the storage of in use utensils within stagnant water. 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

Repair the condenser to the main walls in refrigerator to remove ice build up.

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 the condenser covers to the refrigeration units along the main cooking line. Repair the drawers to the refrigeration units along the main cooking line so that they close properly. Repair the right warming unit along the main cooking line. The rust represents a potential physical hazard to the food cooked on the grill. Replace the missing screens to the front and rear vent hoods.

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 17-4-302.14
✓ Corrected

Test Kit Provided

Maintain sanitizer test kits 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 17.4.302
• MINOR 23-4-602.13
✓ Corrected

Non-Food Contact Surfaces Clean

clean the exterior of the soup warmer to remove spills and the grill/ burger presses to remove excess carbon build up.

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 32-6-301.11-02.11
✓ Corrected

Hand Cleaner Drying Tissue Signage

Provide soap towels and signage at the bar's hand sinks.

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 37-6-501.11-.12
✓ Corrected

Improper Maintenance of Walls/Ceilings

Secure the steel grating over the wall penetrations within the dish area. Replace the ceiling tiles within the storage rooms.

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

Clean the hood screens and replace the screens that are missing.

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