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New York Deli

FAIL

Wednesday, November 28, 2007 at 3:35 PM

Address
300 FANEUIL HALL MARKET PL
North End, MA 02109
Category
FT
Violations
17 total
⚠️ 8 critical
⚠ 1 major
Facility History
56 inspections
23 failures

Violations Cited

⚠️ CRITICAL 03-3-501.16(A)

Cold Holding

Tuna 55 ° F Seafood salad 57 °F Fruit salad 46° F Serving line -Refrig. unit 50° F

Why This Matters

THE DANGER ZONE KILLS: Between 41°F-135°F bacteria double every 20 minutes. At 70°F, 10 bacteria become 10,000 in 2 hours, 10 million in 4 hours. Staphylococcus aureus produces heat-stable toxins that cooking cannot destroy. Clostridium perfringens causes 1 million illnesses yearly from temperature abuse. Listeria grows even under refrigeration, killing 20% of victims including pregnant women and newborns.

Code Requirements

ALL TCS foods MUST be held at 41°F or below at ALL times. This includes: All meat, poultry, seafood; Dairy products; Cut melons, tomatoes, leafy greens; Cooked rice, pasta, potatoes; Tofu, soy products; Sprouts; Garlic in oil. Check temperatures every 2 hours (4 hours maximum). If above 41°F for less than 2 hours, rapidly cool. If above 41°F for 2-4 hours, use immediately. If above 41°F for over 4 hours, DISCARD.

Corrective Actions

IMMEDIATE: Check ALL refrigerated foods NOW; Discard any food above 41°F for >4 hours; Rapidly cool foods 41-70°F if <4 hours; Repair/adjust all refrigeration immediately; Reduce inventory to prevent overstocking; Install thermometers in warmest part of all coolers; Implement 2-hour temperature checks; Create power outage procedure

Mass. Code: 105 CMR 590.003(D) | FDA Code: Section 3-501.16(A)(2)
⚠️ CRITICAL 12-2-301.12-.15

Adequate Handwashing/Where/When/How

No hand washing performed during inspection. Educate employees on proper hand washing procedures.

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 12-3--301.11

Prevention of Contamination from Hands

Food handler handling lettuce with bare hands. Food handler wearing nail polish.

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.

⚠️ CRITICAL 31-5-204/05.11

Location Accessible

Personal items stored at hand sink.

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 41-7-102.11

Labeled Common Name

Spray bottles not labeled.

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 41-7-207-09.11

Medicines FirstAid Storage

Perscription stored on cutting board.

Why This Matters

This violation directly contributes to foodborne illness risk

Code Requirements

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

FDA Code: Section 41.7.207
⚠️ CRITICAL M-2-103.11

PIC Performing Duties

Properly train employees in food safely &sanitation as it relates to their assigned 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
⚠️ CRITICAL M-2-201.11/.14 .15

Non-Compliance w/Employee Health Policy

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

Clean interior of microwave. Food handler place bowl that came in contact with floor in storage without washing & sanitizing.

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 08-3-305-307.11

Food Protection

Hat & apron stored on cutting board.

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 14-4-202.11

Food Contact Surfaces Design

worn cutting boards.

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

True refrig. -Replace broken door gaskets.

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

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

Non-Food Contact Surfaces Clean

Clean interior of refrig. units.

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 32-6-301.11-02.11

Hand Cleaner Drying Tissue Signage

No soap & signage at hand sink.

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

Improper Maintenance of Walls/Ceilings

Clean ceiling pipes & all 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

Inadequate Lighting

True refrig. interior.

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
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Data sourced directly from Boston Inspectional Services Department