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Chili Duck

PASS W/ CONDITIONS

Friday, August 4, 2017 at 1:07 PM

Address
829 BOYLSTON ST
Back Bay, MA 02116
Category
FS
Violations
18 total
⚠️ 9 critical
Facility History
15 inspections
5 failures

Violations Cited

⚠️ CRITICAL 08-3-302.11/3-304.11

Separation Segregation Cross Contamination

Raw eggs and beef stored with food items that are ready to eat - Kitchen/prep

Why This Matters

Cross-contamination can spread dangerous pathogens throughout the facility

Code Requirements

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

FDA Code: Section 08.3.302
⚠️ CRITICAL 12-2-301.12-.15

Adequate Handwashing/Where/When/How

Observed no washing hands during inspection - multitasking between food handling etc.

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 12-2-401.11-.12

Good Hygienic Practices

Observed multipal employees multitasking (handing equipment/food/leaving and returning to duties (food prep/ware washing) wearing same gloves.

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 12.2.401
⚠️ CRITICAL 20-4-703.11

Food Contact Surfaces Clean

Repeat violation:(low temp dish machine not sanitizing (Chlorine tested at 0 PPM) Must maintain 50-100 PPM The PIC was instructed by the health inspector to contact Dish washing company during inspection. A representative did arrive prior to my departure and the chlorine was registering at 50 PPM.

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 41-7-101.11

Toxic Items: Original Container

Original toxic chemical bottle missing original label - Ware washing (Chemical discarded by PIC)

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 41.7.101
⚠️ CRITICAL 41-7-102.11

Labeled Common Name

Spray bottle not labeled - Kitchen/ware washing (corrected on site)

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 41-7-201/04.11

Separation/Sanitizer Criteria

Reusing Chemical containers for food storage of other food prodects - Discontinue using chemical containers for food storage once emptied these chemical containers shall not be reused and shall be discarded (food in these containers were discarded by PIC)

Why This Matters

This violation directly contributes to foodborne illness risk

Code Requirements

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

FDA Code: Section 41.7.201
⚠️ CRITICAL M-2-102.11

PIC Knowledge

590.003: Management and Personnel - the person in charge or shall designate a person in charge and shall ensure that a person in charge is present at the food establishment during all hours of the operation. The owner or person(s) in charge shall designate an alternate person to be in charge at all times when they cannot be present. The alternate when acting as the person in charge shall be responsible for all duties specified in FC 2-103.11 and must be adequately trained by the person in charge to ensure that the establishment operates in compliance with 105 CMR 590.000. Notes:In addition to the provisions in 105 CMR 590.003(A)(1) effective one year from the date of promulgation of 105 CMR 590.000 each food establishment shall employ at least one full-time equivalent (FTE) person in charge who shall be an on-site manager or supervisor and is at least 18 years of age and who by being a certified food protection manager has shown proficiency of required information through passing a test that is part of an accredited program recognized by the Department. Food Allergen Awareness Training (a) By February 1 2011 such food establishments shall have on staff a certified food protection manager who has been issued a Massachusetts certificate of allergen awareness training by an allergen awareness training verification program recognized by the Department. The certificate will be valid for 5 years. (b) The certified food protection manager shall: 1. Demonstrate knowledge of MAJOR FOOD ALLERGENS by posting the Massachusetts food allergen awareness training certificate; and 2. Ensure that employees are properly trained in food allergy awareness as it relates to their assigned duties. No full time on site certified food protection/allergen awareness manager. This manager must be on premises full time.

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.

⚠️ CRITICAL M-2-103.11

PIC Performing Duties

Repeat violation: PIC could not demonstrate proper knowledge in food safety and sanitation oversee day to day operations to ensure food establishment is operating in compliance with State Local and Federal regulations per code. Could not explain the employee illness policy as required. Evidence that employee have not been properly trained in food safety and sanitation by the certified food protection manager as required per code. Person in Charge. The person in charge shall ensure that: Employees are properly trained in food safety as it relates to their assigned duties. Employees are properly sanitizing cleaned multiuse equipment and utensils before they are reused through routine monitoring of solution temperature and exposure time for hot water sanitizing and chemical concentration pH temperature and exposure time for chemical sanitizing; (low temp dish machine 0 PPM) Must maintain 50-100 PPM Employees are effectively cleaning their hands by routinely monitoring the employees' handwashing.

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
• MINOR 10-4.302.11

Food Utensil Storage

Repeat violation: Tongs stored on ove door handles Pans/equipment stored in standing water Properly store all utensils in accordance with the food code.

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 10.4.302
• MINOR 14-4-202.11

Food Contact Surfaces Design

Worn cutting boards - Kitchen/prep

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 14.4.202
• MINOR 15-4-202.16

Non-Food Contact Surfaces

Repeat violation: Location:Kitchen/prep area/ware washing :Rotted and exposed wood on wooden shelving in Kitchen/ware ware washing/Rust on all grease traps- Location:Kitchen/prep area/ware washing Notes:Tape on equipment (refrigeration unit) throughout kitchen - remove and provide smooth durable and easily cleanable surface

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 21-3-304.14

Wiping Cloths Clean Sanitize

Repeat violation: In use wiping cloths stored on cooking equipment counter tops on side of bus bucket portable rack - All wiping clothes must be stored in a sanitizing solution per code. Wiping cloths for raw animal products ready to eat products and non food contact shall be stored seperately in a sanitizing solution per code.

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 21.3.304
• MINOR 26-4-502.13

Re-use of Single Service Articles

Repeat violation: Reusing Soy/food containers that are not NSF approved for reuse for food storage of other food prodects - Discontinue Reusing non NSF approved containers for food storage

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 26.4.502
• MINOR 33-5-501.13-.17

Adequate Number Frequency Vermin Proof

No cover for waste receptacle in ladies room

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 33.5.501
• MINOR 36-6-501.11-.12

Improper Maintenance of Floors

Built up soils grease organic materials on floor under behind and around all equipment throughout kitchen/prep/ware washing/storage/cashier area and wait station

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

Repeat violation: Heavily Built up soil/dust/grease/food particles and splashings on Hood Walls ceilings and all attachments including pipes - Clean to remove and maintain Wall at cooking line is not smooth durable and easily cleanable - expanding foam is not trimed sealed and cleaned. Chipping and peeling paint on walls ceiling and attachments/not smooth durable and easily cleanable- Kitchen/ware washing/enterance to kitchen.

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 590.009(E)

Anti-Choking

No proof of an employee on the premises is trained in Anti Choking - While food is being served there shall be an employee on the premises trained in anti choking

Why This Matters

This violation affects overall sanitation and food safety

Code Requirements

Immediate correction required. Follow health code section 105 CMR 590.009(E). Implement proper food safety procedures. Train all staff. Document corrective actions taken.

Mass. Code: 105 CMR 590.009(E)
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Data sourced directly from Boston Inspectional Services Department