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New York Deli

FAIL

Friday, January 27, 2012 at 7:04 PM

Address
300 FANEUIL HALL MARKET PL
North End, MA 02109
Category
FT
Violations
12 total
⚠️ 7 critical
Facility History
56 inspections
23 failures

Violations Cited

⚠️ CRITICAL 03-3-501.16(A)

Cold Holding

True Refrigerator 46 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 03-3-501.16(A)

Cold Holding

Whole roast beef 117 F and 113 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 31-5-204/05.11

Location Accessible

Wiping cloth bucket stored 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 M-2-101.11

Person in charge Assigned

No person in charge - There must be a person in charge during all hours of operations.

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

Provide proof of allergen awareness certification.

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

PIC Performing Duties

Ensure all employees are adequately trained in food safety and 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

Provide employee illness 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.

• 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

Replace missing knob on glass display.

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

Wiping cloth stored on cutting board - not in a sanitizing solution.

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 and exterior of glass refrigerators.

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 employee hand wash sign 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
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Data sourced directly from Boston Inspectional Services Department