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The Merchant

FAIL

Thursday, September 28, 2017 at 5:33 PM

Address
60 FRANKLIN ST
Financial District, MA 02110
Category
FS
Violations
7 total
⚠️ 3 critical
Facility History
26 inspections
9 failures

Violations Cited

⚠️ CRITICAL 03-3-501.16(A)

Cold Holding

Beets inside of the 2 door deli cooler with an elevated temperature of 56F. PIC stated that they had been in the unit from the previous day. PIC voluntarily discarded at the time of the inspection. Ensure all potentially hazardous foods are being maintained at below 41F.

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

Raw shellfish and cooked shrimp observed being stored on the same ice in display case. Discontinue and ensure there is a proper separation between raw and cooked foods to eliminate the possability 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 M-2-103.11

PIC Performing Duties

Management not properly overseeing in the general maintenance of equipment and cold holding temperatures. Adress and ensure all staff have been propery trained.

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
• MINOR 04-3-501.15/4-301.11

Inadequate Facilities/Cooling Methods

Tomato's and freshly made cole slaw with elevated temperatures of 48F-50F. PIC stated that they had been prepared earlier in the day. Discontinue and ensure all potentially hazadous foods are properly cooled prior to being placed out 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 04.3.501
• MINOR 06-3-501.13

PHF's Properly Thawed

Frozen shrimp observed being thawed in stagnant water. Discontinue and ensure proper thawing methods are in place. Shrimp was removed at the time of the inspection.

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 06.3.501
• MINOR 15-4-202.16

Non-Food Contact Surfaces

Light out above the stove top. Replace. 2 Door deli cooler at the salad station running with an elevated temperature. Disconinue use unless the unit is able to maintain a temperature of below 41F. PIC removed all products from unit and it's not to be used until the unit is repaired.

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

Non-Food Contact Surfaces Clean

First and last deli style coolers at the cooking line with excess moisture. Clean to remove and make any necessary repairs.

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
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Data sourced directly from Boston Inspectional Services Department