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The Upper Crust

FAIL

Thursday, July 27, 2017 at 4:13 PM

Address
20 CHARLES ST
Beacon Hill, MA 02108
Category
FT
Violations
15 total
⚠️ 4 critical
⚠ 2 major
Facility History
45 inspections
23 failures

Violations Cited

⚠️ CRITICAL 12-2-301.12-.15

Adequate Handwashing/Where/When/How

Observed food handling rinsing hands at 3 bay sink when instructed to wash hands hands were wiped on uniform - Paper towel dispenser not working - Dough area

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 12-3--301.11

Prevention of Contamination from Hands

Observed bare hand contact with ready to eat foods - Basement

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.

⚠️ CRITICAL 31-5-203.11

Number Convenient

No hand sink in basement area being used for food prep - First room where walk in unit is located

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 31.5.203
⚠️ CRITICAL M-2-103.11

PIC Performing Duties

The person in charge must oversee day to day operations and take immediate corrective actions to ensure establishment is operating in compliance with State/Local/Federal regulations and ordinances Multiple repeat violations noted on inspection. All employees must be properly trained in food safety and sanitation as it relates to their assigned duties per code.

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 22-4-601/602.11

Food Contact Surfaces Clean

Built up soils on can opener in basement

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

Evidence of flies in basement storage/food prep/and 1st level ware washing/prep area Provide treatment and IPM report prior to reinspection

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 02-3-602.11-.12/3-302.12

Food Container Labels

Bulk food containers not labeled

Why This Matters

Improper labeling can lead to using wrong or expired ingredients

Code Requirements

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

FDA Code: Section 02.3.602
• MINOR 08-3-305-307.11

Food Protection

Doing food prep in basement in an unapproved area - remove all food contact equipment from areas that are not approved for food prep Food containers in dough prep area in contact with floor Open foods not stored in food grade covered containers - Basement

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 15-4-202.16

Non-Food Contact Surfaces

Rust on shelving in basement

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 17-4-302.14

Test Kit Provided

Damaged test kit

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 17.4.302
• MINOR 23-4-602.13

Non-Food Contact Surfaces Clean

Built up soils on interior and exterior of refrigeration/freezers throughout food prep/food storage area including the basement

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

Paper towel dispenser not working - Dough prep room

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

Floor in basement prep and storage areas not smooth durable and easily cleanable Floor in disrepair in walk in unit - Basement Built up soils on floors under and behind equipment - 1st Floor prep/warewashing and throughout basement storage/dough room etc.

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

Window in basement area open - no protection from pest entering Chipping/peeling paint on ceiling and exposed insulation on pipes in basement Built up soils on walls ceilings and attachments in ware washing/prep area Tape on ceiling above 3 bay sink Repair wall at bottom of steps - Basement Repair walls in bathrooms - Basement

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

Remove all used and unnecessary equipment/articles from premises

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