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FINAGLE-A-BAGEL

FAIL

Monday, April 1, 2013 at 2:06 PM

Address
535 BOYLSTON ST
Back Bay, MA 02116
Category
FT
Violations
31 total
⚠️ 5 critical
⚠ 1 major
Facility History
67 inspections
28 failures

Violations Cited

⚠️ CRITICAL 12-2-401.11-.12
✓ Corrected

Good Hygienic Practices

Employee eating in prep & ware washing areas. Remove employee dining area from prep/ ware washing area.

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
✓ Corrected

Food Contact Surfaces Clean

Automatic sanitizer at 3 bay sink not calibrated to register 200 PPM - Manager unaware until brought to his attention by board of health - Bay set up improperly. 0 PPM at time of inspection. Three bay sink will be manually set up until ware washing company arrives to recalbrate chemicals.

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 27-5-103.11-.12
✓ Corrected

Hot and Cold Water

No cold water at 3 bay sink faucet. Plumber called.

Why This Matters

This violation directly contributes to foodborne illness risk

Code Requirements

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

FDA Code: Section 27.5.103
⚠️ CRITICAL M-2-102.11

PIC Knowledge

Provide proof CFPM is certified in Allergen Awareness.

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
✓ Corrected

PIC Performing Duties

All employees must be properly trained in food safety and sanitation as it relates to their assigned duties per code by the certified food protection manager.

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

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

Food Container Labels

Food containers 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 08-3-305-307.11
✓ Corrected

Food Protection

Discard all broken food containers.

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 08-3-305-307.11
✓ Corrected

Food Protection

Open sugar not stored in covered container

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

Ice Scoop stored on top of ice machine unprotected.

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 15-4-202.16
✓ Corrected

Non-Food Contact Surfaces

Replace broken door gasket on one door refrig. unit on line.

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 15-4-202.16
✓ Corrected

Non-Food Contact Surfaces

Rusted exterior of grease trap.

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 16-4-301.12

Three Compartment Sink

Duct tape a long 3 bay sink. Properly repair or replace if unable to repair. Remove tape.

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 16.4.301
• MINOR 21-3-304.14
✓ Corrected

Wiping Cloths Clean Sanitize

Wiping cloths not stored in a sanitizing solution. Provide seperate wiping cloth storage for raw animal products ready to eat foods and non food contact.

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 23-4-602.13
✓ Corrected

Non-Food Contact Surfaces Clean

Clean exterior of bulk food containers

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 23-4-602.13
✓ Corrected

Non-Food Contact Surfaces Clean

Clean exterior of ice machine.

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 23-4-602.13
✓ Corrected

Non-Food Contact Surfaces Clean

Clean handrailing to the basement free of built up 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 29-5-201/02.11

Installed and Maintained

50 gallon hot water tank - Hot water must meet peak demands. (Plumber scheduled to access and install adequate size hot water tank.

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 33-5-501.116
✓ Corrected

Improper Cleaning of Receptacles

Clean interior and exterior of all waste receptacles.

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 33-5-501.13-.17
✓ Corrected

Adequate Number Frequency Vermin Proof

Provide covers for all waste receptacles.

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

Worn and peeling paint on floor thoughout storage room.

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
✓ Corrected

Improper Maintenance of Walls/Ceilings

Dusty and dirty ceiling tiles vents and light shields thoughout.

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 37-6-501.11-.12
✓ Corrected

Improper Maintenance of Walls/Ceilings

Dusty ceiling tiles vents and light shields throughout.

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 37-6-501.11-.12
✓ Corrected

Improper Maintenance of Walls/Ceilings

Dusty walls and all attachments throughout.

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 37-6-501.11-.12
✓ Corrected

Improper Maintenance of Walls/Ceilings

Grease build up on hood above grill

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 37-6-501.11-.12
✓ Corrected

Improper Maintenance of Walls/Ceilings

Keep rear door closed to main prep and ware washing.

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 37-6-501.11-.12
✓ Corrected

Improper Maintenance of Walls/Ceilings

Shave down expanding foam and seal.

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 37-6-501.11-.12
✓ Corrected

Improper Maintenance of Walls/Ceilings

Visable soils on walls and attachments.

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 38-6-303.11
✓ Corrected

Inadequate Lighting

Dim lighting

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 38.6.303
• MINOR 42-6-501.113/.114
✓ Corrected

Premises Maintained

Remove items from top of lockers

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
• MINOR 42-6-501.113/.114
✓ Corrected

Premises Maintained

Remove rolling racks from common areas of building.

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
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Data sourced directly from Boston Inspectional Services Department