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Cherry Mart

PASS W/ CONDITIONS

Friday, June 13, 2014 at 3:14 PM

Address
349 NEWBURY ST
Fenway, MA 02115
Category
RF
Violations
12 total
⚠️ 4 critical
⚠ 1 major
Facility History
15 inspections
2 failures

Violations Cited

⚠️ CRITICAL 01-3-201.11
✓ Corrected

Approved Source

Provide invoices for packaged foods from unknown source.(Seaweeds salad Sliced beef ribeye meat.

Why This Matters

SEVERE PUBLIC HEALTH THREAT: Unapproved sources bypass all safety controls. Home-prepared foods have caused botulism deaths. Uninspected meat may contain parasites, E. coli O157:H7, or BSE prions. Black market foods linked to tuberculosis, brucellosis outbreaks. Illegal dairy products cause Listeria infections killing 20% of victims. One contaminated batch can sicken hundreds across multiple locations.

Code Requirements

ALL food MUST be from: Licensed, permitted, inspected suppliers; USDA inspected meat and poultry; Grade A dairy products; Approved shellfish dealers on Interstate Certified Shellfish Shippers List; No home-prepared foods EVER; No wild mushrooms unless certified; Documentation required for all suppliers; Invoices must be kept 90 days.

Corrective Actions

IMMEDIATE: Discard ALL food from unapproved sources; Obtain approved supplier list from health department; Verify all current suppliers are licensed; Create approved supplier program; Train receiving staff on checking sources; Post list of approved suppliers

Mass. Code: 105 CMR 590.003(A) | FDA Code: Section 3-201.11
⚠️ CRITICAL 03-3-501.16(A)

Cold Holding

Several manufactured products (tofu seafood salad) registering 45F-47F. Store at or below 41F for cold holding.

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 03-3-501.16(A)

Cold Holding

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 M-2-103.11

PIC Performing Duties

PIC not taking corrective action regarding cold holding of PHF stored above 41F.

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
⚠ MAJOR 35-6-501.111/.115
✓ Corrected

Insects Rodents Animals

Noise similar to gnawing near noodles section provide an Licensed Pest Managment Company Report.

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

Several products stored under refregeration state "Keep Frozen".Provide sell by date on all refrigerated products based on manufacturers requirements.

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 04-3-501.15/4-301.11

Inadequate Facilities/Cooling Methods

Refrigerated wall units registering 42F-45F. Discontinue using unit to store potentially hazardous foods until repaired.

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 04.3.501
• MINOR 05-4-302.12

Food Thermometers Provided

No food thermometers to monitor the temperatures. Provide.

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
✓ Corrected

Food Protection

Several food products stored less than 6 inches from the floor. Elevate to at least 6 inches or remove.

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 32-6-501.11-.12/6-202.14
✓ Corrected

Toilet Enclosed Clean

No self closing door at restroom provide.

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
✓ Corrected

Improper Cleaning of Receptacles

Trash recepticle at restroom no cover provide.

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 36-6-501.11-.12

Improper Maintenance of Floors

Replace missing floor tiles near Ice Cream Chest.

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