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LA CHIVA RESTAURANT

FAIL

Friday, October 14, 2011 at 5:18 PM

Address
259 BENNINGTON ST
East Boston, MA 02128
Category
FT
Violations
17 total
⚠️ 4 critical
⚠ 1 major
Facility History
34 inspections
16 failures

Violations Cited

⚠️ CRITICAL 03-3-501.16
✓ Corrected

Hot Holding

Tamales are 120F. PLACED IN CASE AN HOUR AGO PER P.I.C.Maintain all hot holding temps as discussed

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 41-7-206.12/.13
✓ Corrected

Pesticide Usage

Cans of raid being used on site discontinue

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-2-102.11
✓ Corrected

PIC Knowledge

PROVIDE A COPY OF THE ON - LINE CERTIFICATE AS DISCUSSED

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

Not overseeing day to day operations

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

Evidence of cock roaches in basement. Contact a new pest control company that is licensed and that can also provide an I.P.M. report as discussed

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

Label all bulk food containers aS DISCUSSED

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

Elevate all food products off the floor at least six inches duing 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

Ice scream scoop stored in-between equipment - Discontinue

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

Plastic shelving in the basement for storage is not food grade and is not cleanable. Replace as discussed

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 23-4-602.13
✓ Corrected

Non-Food Contact Surfaces Clean

Clean exterior of all food storage bins from visible food spills stains and soils Clean interior / exterior of all refrigeration units from old food spills stains and soils. Clean all counter tops under all equipment and outside of ice machine from 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

Clean pans stored on the soiled floor store in an area as discussed

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 36-6-201.11

Floors Designed Constructed Installed

Repair and/or fill any holes in the corners of the basement where needed BASEMENT FLOOR NEEDS TO BE RE-SURFACED AS DISCUSSED

Why This Matters

Poor facility maintenance can harbor pests and prevent proper cleaning

Code Requirements

Smooth, non-porous surfaces; Properly sloped to drains; No gaps or cracks; Maintained clean

FDA Code: Section 36.6.201
• MINOR 36-6-501.11-.12
✓ Corrected

Improper Maintenance of Floors

Clean basement stairs - clean floors throughout the basement from all visible food spills stains and soils. Bleach areas as discussed

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 37-6-201.11
✓ Corrected

Walls/Ceilings Designed Constructed Installed

Repair visible hole in the walls throughout the basement as discussed

Why This Matters

Poor facility maintenance can harbor pests and prevent proper cleaning

Code Requirements

Smooth, washable surfaces; No holes or damage; Light-colored in food areas; Clean condition

FDA Code: Section 37.6.201
• MINOR 38-6-202.11

Fixture's not properly shielded

Cover lights as discussed

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
• MINOR 42-5-203.13

Mop Sink not Provided

Provide a segragated area for soiled mop as discussed

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 42.5.203
• MINOR 42-6-501.113/.114
✓ Corrected

Premises Maintained

Remove any unused equipment in basement that is collectiung grease and grime. Collecting rodents. Remove all unneccessary cardboard abd debris not being used

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