The Upper Crust
FAILFriday, December 2, 2016 at 3:54 PM
Violations Cited
12-2-301.12-.15
Adequate Handwashing/Where/When/How
Observed no hand washing during the inspection - Hand sink not equipped with proper hand soap paper towels signage and cold water
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.
12-2-401.11-.12
Good Hygienic Practices
Food handlers putting on hats in food prep area delivery person entering and doing food prep without washing hands Food handlers continuously handling multiple food products and equipment wearing same gloves.
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.
31-5-204/05.11
Location Accessible
Access Te hand sink blocked
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
41-7-201/04.11
Separation/Sanitizer Criteria
Hand soap stored on top of refrigeration unit (corrected on site)
Why This Matters
This violation directly contributes to foodborne illness risk
Code Requirements
Immediate correction required. Follow health code section . Implement proper cleaning & sanitization procedures. Train all staff. Document corrective actions taken.
M-2-101.11
Person in charge Assigned
No person incharge 590.003: Management and Personnel - federal 1999 Food Code Chapter 2 (A) FC 2-101.11 Assignment*. The first paragraph in FC 2-101.11 is stricken and replaced by the following: (1) The permit holder shall be the person in charge or shall designate a person in charge and shall ensure that a person in charge is present at the food establishment during all hours of the operation. The owner or person(s) in charge shall designate an alternate person to be in charge at all times when they cannot be present. The alternate when acting as the person in charge shall be responsible for all duties specified in FC 2-103.11 and must be adequately trained by the person in charge to ensure that the establishment operates in compliance with 105 CMR 590.000.
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.
M-2-102.11
PIC Knowledge
No proof of full time on site certified food protection/allergen awareness manager In addition to the provisions in 105 CMR 590.003(A)(1) effective one year from the date of promulgation of 105 CMR 590.000 each food establishment shall employ at least one full-time equivalent (FTE) person in charge who shall be an on-site manager or supervisor and is at least 18 years of age and who by being a certified food protection manager has shown proficiency of required information through passing a test that is part of an accredited program recognized by the Department. Food Allergen Awareness Training (a) By February 1 2011 such food establishments shall have on staff a certified food protection manager who has been issued a Massachusetts certificate of allergen awareness training by an allergen awareness training verification program recognized by the Department. The certificate will be valid for 5 years. (b) The certified food protection manager shall: 1. Demonstrate knowledge of MAJOR FOOD ALLERGENS by posting the Massachusetts food allergen awareness training certificate; and 2. Ensure that employees are properly trained in food allergy awareness as it relates to their assigned duties. The owner/operator shall provide to the health division proof of full time on site certified manager via email by 4:00 PM
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.
M-2-103.11
PIC Performing Duties
Operations Manager arrived before my departure Duties 2-103.11 Person in Charge. Employees are effectively cleaning their hands by routinely monitoring the employees' handwashing; Employees are preventing cross-contamination of ready-to-eat food with bare hands by properly using suitable utensils such as deli tissue spatulas tongs single-use gloves or dispensing equipment; and Employees are properly trained in food safety as it relates to their assigned duties. Allergen poster not posted in employee work area Food Allergy Awareness Requirements. Food establishments that cook prepare or serve food intended for immediate consumption either on or off the premises shall comply with the following requirements. (1) Poster. No later than October 1 2010 such food establishments shall prominently display in the employee work area a poster approved by the Department no smaller than 8.5 by 11 inches relating to major food allergens. The poster shall include the following information: (a) Major food allergens; (b) Health risks of food allergies; (c) Procedure to follow when a customer states that he or she has a food allergy; and (d) Emergency procedure to follow if a customer has an allergic reaction to a food. The owner/operator shall provided a full training of all staff within 24 hours and shall submit all training material to the health division
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
22-4-601/602.11
Food Contact Surfaces Clean
Ice Machine interior soiled. Clean and sanitize properly. Knifes stored soiled inside the clean knife box. Clean and sanitize properly.
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
35-6-501.111/.115
Insects Rodents Animals
Evidence of rodent dropping on floor under and behind all equipment (Kitchen/basement/ware washing) Exterminated twice weekly - last extermination performed 12-2-16
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
08-3-305-307.11
Food Protection
Lower Level-Several food products stored on the floor inside the walk-in unit and dry storage area. Elevate 6 inches or above. Lower level two door freezer unit with food product containers covered with layers of ice. Remove ice and ensure the unit is working properly
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.
10-3-304.12
Food Utensil Storage
Ice scoop stored on top of ice machine - Must be stored in a safe and sanitary manner at all times to prevent contamination
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.
15-4-202.16
Non-Food Contact Surfaces
Repair broken door handles on refrigeration units
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.
15-4-202.16
Non-Food Contact Surfaces
Salad Refrigerator leaking water. 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.
23-4-602.13
Non-Food Contact Surfaces Clean
Clean interior and exterior of refrigeration units free of built up soils/food particles
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
23-4-602.13
Non-Food Contact Surfaces Clean
Serving Lime-Interior of the freezer at the cooking line soiled. Clean properly. Salad Refrigerator with water at the bottom. Clean properly. Lower Level- Small white refrigerator next to the walk-in soiled.Clean properly. Three Bay Sink- Air Drying Shelves soiled. Clean properly.
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
24-4-903.11
Clean Equipment & Utensils Storage
Packages of single use utensils/equipment stored on the floor. Clean properly
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.
29-5-201/02.11
Installed and Maintained
Cold water turned off at hand sink (Corrected on site)
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.
32-6-301.11-02.11
Hand Cleaner Drying Tissue Signage
No signage 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.
32-6-301.11-02.11
Hand Cleaner Drying Tissue Signage
Paper towel & soap dispensers empty at hand sink (Corrected on site)
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.
33-5-501.116
Improper Cleaning of Receptacles
Clean interior and exterior of all waste receptacles throughout
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.
36-6-501.11-.12
Improper Maintenance of Floors
Built up soils/dust on floor under behind all equipment throughout prep/ware washing/dining room.
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
36-6-501.11-.12
Improper Maintenance of Floors
Floor not smooth durable easily cleanable throughout basement
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
37-6-201.11
Walls/Ceilings Designed Constructed Installed
CO2 tanks near the ice machine not secured. Chain or secure properly.
Why This Matters
Poor facility maintenance can harbor pests and prevent proper cleaning
Code Requirements
Smooth, washable surfaces; No holes or damage; Light-colored in food areas; Clean condition
37-6-501.11-.12
Improper Maintenance of Walls/Ceilings
Cardboard and duct tape on wall at enterence to prep area
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
37-6-501.11-.12
Improper Maintenance of Walls/Ceilings
Hood vent at the pizza oven with large amount of grease. Clean properly. Built up soils/dust on ceiling walls and all attachments throughout prep/ware washing/dining room.
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
37-6-501.11-.12
Improper Maintenance of Walls/Ceilings
Provide proper over head protection above ice machine - Ceiling is not smooth durable easily cleanable and non absorbant - Basement Walls in disrepair in basement bathrooms at enterence to basement storage area
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