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THE UPPER CRUST

FAIL

Monday, April 6, 2009 at 5:30 PM

Address
222 NEWBURY ST
Back Bay, MA 02116
Category
FT
Violations
6 total
⚠️ 2 critical
⚠ 2 major
Facility History
21 inspections
8 failures

Violations Cited

⚠️ CRITICAL 03-3-501.16(A)

Cold Holding

In line refrigeration: Chicken is between 5 IF to 55 F. Provide proper cold holding of 41 F or below.

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 20-4-703.11

Food Contact Surfaces Clean

The three comportment sink is not setup properly. Train employees to properly setup sink and to test the sanitizer levels.

Why This Matters

INVISIBLE KILLERS: Bacteria survive on 'clean-looking' surfaces for days. Inadequate sanitization caused Salmonella outbreak affecting 1,500 people via ice cream. Cutting boards can harbor 200 times more fecal bacteria than toilet seats. E. coli survives 1-4 hours on surfaces. Norovirus survives 2 weeks. One contaminated slicer infected 300 people with Listeria.

Code Requirements

SANITIZATION MANDATORY: Chemical sanitizers: Chlorine 50-100 ppm, Quaternary Ammonium 200-400 ppm, Iodine 12.5-25 ppm; Hot water: 171°F for 30 seconds by immersion; Contact time: minimum 7-30 seconds depending on sanitizer; Test concentration EVERY 2 hours; Change solution when visibly soiled; ALL food contact surfaces must be sanitized: After each use with different foods; When switching raw to ready-to-eat; Every 4 hours in continuous use.

Corrective Actions

IMMEDIATE: Set up proper sanitizer at ALL stations; Test and adjust concentration NOW; Re-sanitize ALL food contact surfaces; Obtain test strips immediately; Post sanitizer concentration chart; Train staff on test strip use; Create sanitization log; Change solutions every 2 hours minimum

Mass. Code: 105 CMR 590.004(G) | FDA Code: Section 4-703.11
⚠ MAJOR 22-4-601/602.11

Food Contact Surfaces Clean

Interior of the ice machine is soiled. Clean.

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
⚠ MAJOR 35-6-501.111/.115

Insects Rodents Animals

The back door is left open. Keep door closed to provide a rodent proof door.

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 34-5-501.111/.115

Outside Storage Improperly Maintained

Dumpster area is soiled and dumpsters are open. Clean area and cover dumpster.

Why This Matters

This violation affects overall sanitation and food safety

Code Requirements

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

FDA Code: Section 34.5.501
• MINOR 36-6-501.11-.12

Improper Maintenance of Floors

Basement floors are soiled with debris. Clean to remove.

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
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Data sourced directly from Boston Inspectional Services Department