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EL PENOL RESTAURANT

PASS

Thursday, April 2, 2009 at 5:46 PM

Address
54 BENNINGTON ST
East Boston, MA 02128
Category
FS
Violations
20 total
⚠️ 5 critical
⚠ 1 major
Facility History
44 inspections
16 failures

Violations Cited

⚠️ CRITICAL 03-3-501.16
✓ Corrected

Hot Holding

Chicken soup registering 100F. Just taken off the stove. Re-heated to 140 F

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 08-3-302.11/3-304.11
✓ Corrected

Separation Segregation Cross Contamination

Raw beef and chicken stored over ready to eat foods. Discontinue and store on the bottom as discussed.

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 41-7-102.11
✓ Corrected

Labeled Common Name

Label all clear plastic spray bottles to identify product properly.

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
✓ Corrected

Pesticide Usage

Discontinue the use of household rodent and insect sprays.

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
✓ Corrected

PIC Performing Duties

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 22-4-601/602.11
✓ Corrected

Food Contact Surfaces Clean

Knives in rack have old food soils on them. Clean properly before storage.Container holding flour is badly soiled . Clean

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
• MINOR 02-3-602.11-.12/3-302.12
✓ Corrected

Food Container Labels

Label all bulk food containers to identify product properly.

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 05-4-302.12
✓ Corrected

Food Thermometers Provided

No food thermometer. 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

Keep all food protects covered during storage. Elevate food products at least six inches off the floor during 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 08.3.305
• MINOR 10-3-304.12
✓ Corrected

Food Utensil Storage

Spatulas being stored in between sinks and wall. Discontinue and store as discussed.

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 13-2-304/402.11
✓ Corrected

Clean Cloths Hair Restraint

No hair restraints worn by staff cooking. Corrected during interview.

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 13.2.304
• MINOR 14-4-202.11
✓ Corrected

Food Contact Surfaces Design

Cups being used as scoops for the rice and flour. Provide a scoop with a handle to minimize hand contact

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
✓ Corrected

Non-Food Contact Surfaces

Remove all cardboard being used under pots and pans intended to air dry.

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
✓ Corrected

Equipment Thermometers

Some refrigeration units are missing thermometers. Provide.

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
✓ Corrected

Test Kit Provided

No chlorine test kits. 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 17.4.302
• MINOR 23-4-602.13
✓ Corrected

Non-Food Contact Surfaces Clean

Clean inside and outside of all refrigeration units from visible soils.Clean shelves in walk. in from all visible soils.

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 24-4-903.11
✓ Corrected

Clean Equipment & Utensils Storage

Keep all clean equipment inverted during storage.

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 24.4.903
• MINOR 32-6-301.11-02.11
✓ Corrected

Hand Cleaner Drying Tissue Signage

Sign for handsink

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

Clear walls throughout establishment from all visible soils.

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 38-6-202.11
✓ Corrected

Fixture's not properly shielded

All light fixtures are not property shielded. Provide proper covering.

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 38.6.202
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Data sourced directly from Boston Inspectional Services Department