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Post 390

FAIL

Tuesday, October 9, 2018 at 6:37 PM

Address
406 STUART ST
Back Bay, MA 02116
Category
FS
Violations
14 total
⚠️ 4 critical
⚠ 2 major
Facility History
45 inspections
18 failures

Violations Cited

⚠️ CRITICAL 03-3-501.16(A)

Cold Holding

Spearpoint oysters at service line stored on ice overfilled and at temperatures of 44F-56F. Product must be stored at 41F or below. Multiple temperatures taken and at time of inspection the Spearpoint Oysters above 41F for a period longer than 3 hours per PIC were voluntarily discarded by the PIC. A total of 104 Oysters were discarded and distroyed.

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 08-3-302.11/3-304.11

Separation Segregation Cross Contamination

Oysters and ice in display at service line overfilled causing melting ice to drain and drip over the front of the display on to the counter below where RTE foods are held. Corrected at time of inspection. Sore foods properly to reduce risk of cross contamination.

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

Employees unable to properly wash hands with no soap- Corrected

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 M-2-103.11

PIC Performing Duties

PIC at establishment must properly monitor cold holding temperatures of products. PIC must properly store and hold shell stock tags for oysters received and stored

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 01-3-203.12

Tags & Records

At the time of inspection shellfish tags for the dates August 16- September 04 2018 were unavailable for review. Establishment must properly store and maintain shellfish tags for a minimum of 90 days

Why This Matters

This violation supports conditions that may lead to foodborne illness

Code Requirements

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

FDA Code: Section 01.3.203
⚠ MAJOR 22-4-601/602.11

Food Contact Surfaces Clean

Glasses being washed at time of inspection in glass washer located on second level warewashing with 0ppm chlorine- Discontinue using until proper repairs are made

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 10-3-304.12

Food Utensil Storage

Utensils stored in stagnant water at multiple areas throughout kitchen- 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 14-4-202.11

Food Contact Surfaces Design

Multiple racks used in dishwashers heavily worn or broken- Replace

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

Wrapping around soda lines at lower bar heavily damaged- Repair

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 16-4-501.11/.15

Dishwashng Facilities

Dishwasher located in warewashing on 2nd level with 0ppm chlorine- Must be maintained at 50-100ppm. Discontinue use Ecolab called at time of inspection for service

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 16.4.501
• MINOR 23-4-602.13

Non-Food Contact Surfaces Clean

Cabinets below fryolators with heavy grease buildup- Clean with proper frequency

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 available at handwash sink in lower bar- Corrected at time of inspection

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 36-6-501.11-.12

Improper Maintenance of Floors

Floors under and around equipment with soils and debris- Clean

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

Improper Maintenance of Walls/Ceilings

Walls behind dishwasher in Tavern KItchen with black mold like buildup- Clean

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
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Data sourced directly from Boston Inspectional Services Department