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BERTUCCI'S

FAIL

Monday, February 4, 2008 at 3:40 PM

Address
39 STANHOPE ST
Back Bay, MA 02116
Category
FS
Violations
18 total
⚠️ 9 critical
⚠ 2 major
Facility History
3 inspections
1 failures

Violations Cited

⚠️ CRITICAL 03-3-403.11

Reheating

Staff observed not taking temp. on marinara sauce and transferring product to steam table at 120F.

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 03.3.403
⚠️ CRITICAL 03-3-501.16

Hot Holding

Meatballs at110F.

Why This Matters

This violation directly contributes to foodborne illness risk

Code Requirements

Maintain all hot TCS foods at 135°F or above; Cannot use hot holding equipment to reheat

FDA Code: Section 03.3.501
⚠️ CRITICAL 03-3-501.16(A)

Cold Holding

Mozzerella cheese in prep refridge at 52F-56F.Properly cold hold at 41F.

Why This Matters

THE DANGER ZONE KILLS: Between 41°F-135°F bacteria double every 20 minutes. At 70°F, 10 bacteria become 10,000 in 2 hours, 10 million in 4 hours. Staphylococcus aureus produces heat-stable toxins that cooking cannot destroy. Clostridium perfringens causes 1 million illnesses yearly from temperature abuse. Listeria grows even under refrigeration, killing 20% of victims including pregnant women and newborns.

Code Requirements

ALL TCS foods MUST be held at 41°F or below at ALL times. This includes: All meat, poultry, seafood; Dairy products; Cut melons, tomatoes, leafy greens; Cooked rice, pasta, potatoes; Tofu, soy products; Sprouts; Garlic in oil. Check temperatures every 2 hours (4 hours maximum). If above 41°F for less than 2 hours, rapidly cool. If above 41°F for 2-4 hours, use immediately. If above 41°F for over 4 hours, DISCARD.

Corrective Actions

IMMEDIATE: Check ALL refrigerated foods NOW; Discard any food above 41°F for >4 hours; Rapidly cool foods 41-70°F if <4 hours; Repair/adjust all refrigeration immediately; Reduce inventory to prevent overstocking; Install thermometers in warmest part of all coolers; Implement 2-hour temperature checks; Create power outage procedure

Mass. Code: 105 CMR 590.003(D) | FDA Code: Section 3-501.16(A)(2)
⚠️ CRITICAL 12-2-301.12-.15

Adequate Handwashing/Where/When/How

Staff observed handling dirty dishes and cleaned/sanitized pans with same gloves and no handwashing.

Why This Matters

Inadequate handwashing is a leading cause of foodborne illness transmission

Code Requirements

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

FDA Code: Section 12.2.301
⚠️ CRITICAL 31-5-204/05.11

Location Accessible

Use of handsink at pasta line used to thaw food.

Why This Matters

FORCED NON-COMPLIANCE: Blocked sinks force employees to skip handwashing. Studies show 89% compliance when sinks accessible vs 35% when blocked. Each skipped handwash potentially contaminates multiple food items. Inaccessible sinks contributed to Hepatitis A outbreak affecting 660 people.

Code Requirements

Handwashing sinks must be: Accessible at ALL times; Used ONLY for handwashing; Located within 25 feet of food prep; Clear of all equipment and supplies; Never used for food prep, dishwashing, or chemical disposal; Minimum one sink per 5 workers during peak times.

Corrective Actions

Clear ALL handwashing sinks immediately; Post 'Handwashing Only' signs; Relocate any blocking equipment; Provide alternative sinks for other uses; Train staff on sink designation; Monitor hourly for compliance

Mass. Code: 105 CMR 590.005(D) | FDA Code: Section 5-204.11, 5-205.11
⚠️ CRITICAL 41-7-102.11

Labeled Common Name

Chemical spray bottles not labeled.

Why This Matters

This violation directly contributes to foodborne illness risk

Code Requirements

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

FDA Code: Section 41.7.102
⚠️ CRITICAL 41-7-206.12/.13

Pesticide Usage

Evidence of open poison utilized in basement.No mention of bait nor condition of basement on extermination report.

Why This Matters

This violation directly contributes to foodborne illness risk

Code Requirements

No evidence of pests; Seal all openings; Remove harborage; Professional treatment when needed

FDA Code: Section 41.7.206
⚠️ CRITICAL M-2-103.11

PIC Performing Duties

Overall condition of restaurant is poor.There are more than half a dozen CRITICAL violations that occurred during the inspection.Due to this management needs to revisit REGULATIONS and ensure that the establishment is protecting the public against illness on a daily basis.(There are conditions that need to be addressed immediately to ensure this).

Why This Matters

EXTREME RISK: Without active management, ALL five CDC risk factors go unchecked. Studies show restaurants without certified managers have 2.5 times more critical violations. Lack of supervision leads to: temperature abuse (bacteria double every 20 minutes), cross-contamination spreading pathogens, sick employees working with food, improper cooking allowing pathogen survival. This single violation enables conditions for major outbreaks.

Code Requirements

PIC MUST: Be present during ALL operating hours; Hold valid food safety certification; Actively monitor employee health and hygiene; Ensure proper cooking, cooling, and holding temperatures; Verify foods from approved sources; Monitor handwashing compliance; Ensure equipment properly sanitized; Take immediate corrective actions for violations; Demonstrate knowledge to health inspector; Train and supervise all food employees.

Corrective Actions

IMMEDIATE: Designate qualified PIC immediately; If no certified manager available, cease operations; Implement active managerial control system; Create monitoring logs for all CDC risk factors; Retrain management on responsibilities; Post PIC duties checklist

Mass. Code: 105 CMR 590.003(B) | FDA Code: Section 2-103.11
⚠️ CRITICAL M-2-201.11/.14 .15

Non-Compliance w/Employee Health Policy

Staff interviewed had no idea of EMPLOYEE HEALTH POLICY.

Why This Matters

This violation directly contributes to foodborne illness risk

Code Requirements

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

⚠ MAJOR 22-4-601/602.11

Food Contact Surfaces Clean

Clean/sanitized pans(?) observed stored visibly wet with food debris still on pans.Old labels/stickers left on pots/pans.

Why This Matters

BIOFILM FORMATION: Visible soil indicates biofilms - communities of bacteria protected by slime layers that resist sanitizers. Biofilms on slicers have caused Listeria outbreaks killing 30% of victims. Meat slicer contamination sickened 300 across 6 states. Grease harbors Listeria which grows at refrigeration temperatures.

Code Requirements

Food contact surfaces must be: Visibly clean with no food debris; Free of grease accumulation; Smooth and cleanable; Cleaned and sanitized after each use; Cleaned every 4 hours if in continuous use; Equipment must be disassembled for cleaning when necessary.

Corrective Actions

Clean and sanitize ALL equipment immediately; Disassemble equipment for thorough cleaning; Establish cleaning schedule with assigned responsibilities; Use cleaning checklist; Train on proper disassembly; Increase cleaning frequency

Mass. Code: 105 CMR 590.004(G) | FDA Code: Section 4-601.11, 4-602.11
⚠ MAJOR 35-6-501.111/.115

Insects Rodents Animals

Fruit fly activity noticed throughout establishment(ice machine area mop room basement prep).Wet mop heads soiled cloths improperly stored as well as wet floors-all will contribute to issue.Evidence of fresh rodent droppings observed.Provide a full IPM report detailing all issue's and remedies.

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 02-3-602.11-.12/3-302.12

Food Container Labels

Bulk food at carry out section not labeled.

Why This Matters

Improper labeling can lead to using wrong or expired ingredients

Code Requirements

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

FDA Code: Section 02.3.602
• MINOR 15-4-202.16

Non-Food Contact Surfaces

Need splash gaurd on side of handaink in dishroom.Inadequate spacing between storage rack and sink.Worn door sweep on side door by stairwell to basement.

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 17-4-204.112/.115

Equipment Thermometers

No thermometer in prep refridge at pizza line.

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 23-4-602.13

Non-Food Contact Surfaces Clean

Fan gaurds on reach-ins and interior of reach-ins behind bar are dirty.

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

Pipes leaking into basement.

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

Main floor restroom missing hand sinage.

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 36-6-501.11-.12

Improper Maintenance of Floors

Floors in storage closet(between restrooms) and throughout basement storage are filthy.

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
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Data sourced directly from Boston Inspectional Services Department