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EMPIRE GARDEN

PASS W/ CONDITIONS

Wednesday, December 24, 2014 at 3:04 PM

Address
686 WASHINGTON ST
Chinatown, MA 02111
Category
FS
Violations
26 total
⚠️ 10 critical
⚠ 2 major
Facility History
49 inspections
18 failures

Violations Cited

⚠️ CRITICAL 01-3-101/701.11

Spoilage Unsafe Food

Dead fish in fish tanks.

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 01.3.101
⚠️ CRITICAL 03-3-501.19

Times as a Public Health Control

Using time as a public health control without an approved HACCP and variance. 6 Ducks at 55 F

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 03.3.501
⚠️ CRITICAL 08-3-302.11/3-304.11

Separation Segregation Cross Contamination

Raw animal products stored with ready to eat foods and foods that are cooked to a lower temperature in refrigeration units.

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

Food handlers wearing non disposable gloves to handle food and perform other task. Ware washing staff taking clean food contact services e.i dishes pots pans etc. and not removing non disposable gloves. Observed no hand washing performed during inspection. Educate food handlers and employees in proper hand washing and glove use. Proper Glove Use Food Service Establishments Training Tips Single-use disposable gloves have become a popular way to abide by the β€œNo bare hand contact of ready-to-eat (RTE) foods.” regulation. Single- use gloves are only as clean as the hands that don them. Washing hands thoroughly before and after wearing or changing gloves is one of the most important things food handlers can do. However some food operators may get a false sense of security or worse yet; use gloves as an excuse not to properly wash their hands and overuse the single-use gloves thus defeating their purpose. Gloves are in fact an excellent way to reduce the possibility of contaminating ready-to-eat foods and serve as an extra precautionary measure. According to the Centers for Disease Control and Prevention β€œGloves reduce hand contamination by 70 to 80% and prevent cross-contamination”. But the key to their efficacy is coupled with proper hygienic practices. Some important tips to remember; β€’ Gloves are task specific and should NEVER be worn continuously. They get contaminated just as bare hands do so change them out frequently. β€’ Wash your hands properly in between these changes i.e. (a 20 second scrub with soap warm water and don’t forget to dry off with a clean paper towel). β€’ Gloves are not a stand-alone protective barrier. As mentioned above they are not 100% effective but when combined with proper hand washing they significantly reduce the possibility of contaminating your customer’s food. β€’ Gloves can still cross-contaminate. Don’t touch the ready-to-eat food if you have just handled a raw piece of meat or eggs. Throw away the gloves wash your hands and put on a new pair. β€’ If you touch a dirty surface with your glove (hair nose clothing floor equipment or utensils) the glove is dirty and you need to change them after washing your hands. β€’ Bacteria from your skin continue to grow while underneath the gloves and that is why it is important to wash between handling the new gloves. Don’t pre-contaminate your gloves. β€’ Non-latex gloves are recommended in Massachusetts. Keep a box of gloves in a readily accessible area. Perhaps by the hand wash sink. Being careful not to contaminate them here either. β€’ Gloves used for food contact should not be used for money trash cleaning of soiled

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

Evidence of smoking on premises - Cigeretts throughout prep area/ware washing/ waitstation.

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 31-5-204/05.11

Location Accessible

Multiple hand sinks blocked and/or have items in hand sink basin.

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 41-7-201/04.11

Separation/Sanitizer Criteria

Toxic chemicals stored above food items.

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 41-7-206.12/.13

Pesticide Usage

Evidence of self exterminating - Pesticides on premises.

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-2-101.11

Person in charge Assigned

No person in charge at time of inspection 590.003: Management and Personnel - federal 1999 Food Code Chapter 2 (A) FC 2-101.11 Assignment*. The first paragraph in FC 2-101.11 is stricken and replaced by the following: (1) The permit holder shall be 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. (2) 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.

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-2-102.11

PIC Knowledge

No proof of full time on site certified food/allergen manager ) 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. Prepared by the Massachusetts Department of Public Health Food Protection Program Updated: 10/17/2012 FOOD MANAGER CERTIFICATION Code Requirement Since October 1 2001 the Massachusetts Food Establishment Regulation 105 CMR 590.003(A)(2) has required food establishments to have a least one person-in-charge (PIC) who is a certified food protection manager. This person must be at least eighteen years of age and be a full-time equivalent on-site manager or supervisor. When the certified PIC is unavailable during operating hours an alternate PIC must be assigned. The alternate PIC does not require certification; however this person must be knowledgeable in food safety foodborne illness prevention and corrective actions. All food establishments must have a certified food protection manager except the following: Importance of Food Manager Certification Massachusetts adopted the food manager certification in order to protect public health and prevent foodborne illness. A certificate implies that the person has knowledge of food safety and the prevention of foodborne illness through the control of risk factors. The certified person must be able to apply this knowledge in day-to-day operations in order to provide consumers with safe food. The certified food protection manager is responsible for monitoring and managing all food establishment operations and to ensure that the facility is operating in compliance with food establishment regulations. The certified PIC must be knowledgeable about foodborne illness prevention and must use this knowledge to recognize hazards and takeappropriate preventive and corrective actions.

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

Cooking and food contact equipment not kept in good sanitation: Built up grease food debris grime on tops food contact surfaces. Clean all food (bulk and in use food) free of built up grease grime and soils. Clean all cooking and food contact equipment attached pipes shelving etc. Built up sludged and soils in ice bins and Ice machine.

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

Dead mice rodent and mice droppings on floor and shelving Dead cockroaches throughout basement. Evidence of rodent activity on shelving wall ledge floor throughout basement. Provide full extermination and IPM report prior to reinspection. IPM is a combination of all methods of pest control which can aid in preventing reducing and eliminating a potential infestation of pest. It is a detailed inspection report and plan designed specifically for your establishment. Reports must identify pests and conditions of the findings in your establishment. The report must identify exact locations of all conditions and course of action to correct deficiencies. If your establishment is without deficiencies reports must indicate such. The following procedures must be provided by your Licensed Pest Control Operator (Exterminator): β€’ Inspection of premises β€’ Identification of pests pest damage and/or potential for pest infestation β€’ Determination of the extent of the pest problem β€’ Appropriate treatment β€’ Action plan for correction including follow up

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
β€’ MINOR 02-3-602.11-.12/3-302.12

Food Container Labels

Builk food containers not labeled throughout.

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
β€’ MINOR 08-3-305-307.11

Food Protection

All open foods must be stored in food grade covered containers with tight fitting lids.

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
β€’ MINOR 08-3-305-307.11

Food Protection

Raise all food products 6" above the floor on shelving. Provide tight fitting lids on all food condiment containers. No splash guard between hand sink and prep sink in rear kitchen Paper towel dispenser above food prep sink. Remove all crates and provide adequate shelving 6" above the floor.

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
β€’ MINOR 15-4-202.16

Non-Food Contact Surfaces

Resurface all shelving that is rusted and/or have chipped paint. Remove all linen liners and foil from shelving.

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
β€’ MINOR 17-4-204.112/.115

Equipment Thermometers

Provide thermometers to all refrigeration units throughout.

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
β€’ MINOR 23-4-602.13

Non-Food Contact Surfaces Clean

Cooking ovens etc. non food contact equipment refrigeration units and shelving not kept in good sanitation: Built up grease food debris grime. Clean all food (bulk and in use food). Clean all cooking and food contact equipment attached pipes shelving etc. Clean all shelving throughout.

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
β€’ MINOR 26-4-502.13

Re-use of Single Service Articles

Reusing single use food 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
β€’ MINOR 29-5-201/02.11

Installed and Maintained

Sumpump open in 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
β€’ MINOR 32-6-501.11-.12/6-202.14

Toilet Enclosed Clean

Bathroom door not self closing

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
β€’ MINOR 36-6-501.11-.12

Improper Maintenance of Floors

Carpet stained dirty and odorous. Rodent droppings etc.

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
β€’ MINOR 36-6-501.11-.12

Improper Maintenance of Floors

Replace all cracked and missing floor tiles/regout Floor not kept in good sanitation: heavily soiled with built up grease food debris grime and rodent mice and cockroach activity Clean floor under and behind all equipment. Remove all cardboard from floor and repair floors in walk in units.

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
β€’ MINOR 37-6-501.11-.12

Improper Maintenance of Walls/Ceilings

Ceiling and Wall in need of repairs - loose hanging and openings ceilings and walls Several openings/holes in walls Holes in ceiling thoughout - basement Ceiling and all attachments heavily soiled with grease dust and grime build up. (clean throughly) Walls pipes and all attachments heavily soiled with grease dust grime build up. (clean throughly) Ceiling tiles not smooth durable easily cleanable above front prep area Ceiling tiles stained above front prep area Remove foil from ceiling fixtures Last hood cleaning 10-2013. Rodent proof all doors to the exterior.

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
β€’ MINOR 42-6-501.113/.114

Premises Maintained

Remove all unused and broken equipment and remove all unnecessary articles from premises.

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
β€’ MINOR 590.009(E)

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