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The Upper Crust

FAIL

Wednesday, July 29, 2009 at 4:43 PM

Address
245 SUMMER ST
Chinatown, MA 02111
Category
FT
Violations
15 total
⚠️ 3 critical
Facility History
16 inspections
6 failures

Violations Cited

⚠️ CRITICAL 01-3-101/701.11

Spoilage Unsafe Food

Discarded Ice from the Ice machine due to contamination from employees storing personnel beverages directly in the ice.

Why This Matters

This violation directly contributes to foodborne illness risk

Code Requirements

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

FDA Code: Section 01.3.101
⚠️ CRITICAL 12-2-301.12-.15

Adequate Handwashing/Where/When/How

During inspection noted all handwash sinks not in use.

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 31-5-204/05.11

Location Accessible

Hand wash sink shall be made accessible.

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
• MINOR 08-3-305-307.11

Food Protection

cover all opened stored foods. Elevate all foods off the floor.

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 10-3-304.12

Food Utensil Storage

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 13-2-304/402.11

Clean Cloths Hair Restraint

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 13.2.304
• MINOR 14-4-202.11

Food Contact Surfaces Design

Provide food grade coverings and food grade bags.

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

provide shelving.

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 17-4-204.112/.115

Equipment Thermometers

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 17.4.204
• 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

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

post hand wash signage.

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

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

Clean Walls and ceiling throughout. clean all attached Equip. Hood and exhaust system. provide last cleaning date.

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 42-6-501.113/.114

Premises Maintained

Relocate all cleaning equipment from Kitchen.

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 42.6.501
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Data sourced directly from Boston Inspectional Services Department