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Thinking Cup Newbury

FAIL

Thursday, October 15, 2015 at 4:59 PM

Address
85 NEWBURY ST
Back Bay, MA 02116
Category
FS
Violations
12 total
⚠️ 3 critical
Facility History
43 inspections
19 failures

Violations Cited

⚠️ CRITICAL 03-3-501.16(A)

Cold Holding

Yogurt Parfait 51F Ham & Cheese sandwich 59F for 1 hour in front refrigerated disply case.Maintain all products 41F or below.Proper cold holding and cooling procedures were reviewed.PIC will remove products to other refrigeration to cool to 41F or below for service.

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 41-7-201/04.11

Separation/Sanitizer Criteria

Quats sanitizer buckets reading above 400PPM.Maintain Quats sanitizer 150-400PPM or per manufactures instructions.

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.

FDA Code: Section 41.7.201
⚠️ CRITICAL M-2-103.11

PIC Performing Duties

PIC must train staff to follow cooling procedures and properly monitor all cold holding of items to be 41F or below.

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

Food Container Labels

Provide proper labels on all bulk storage containers in the baking area and throughout prep areas.

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

Observed several items stored on the floor.Maintain proper storage at least 6 inches 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 13-2-304/402.11

Clean Cloths Hair Restraint

Employee without proper hair restraint.PIC 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 cleaning & sanitization procedures. Train all staff. Document corrective actions taken.

FDA Code: Section 13.2.304
• MINOR 15-4-202.16

Non-Food Contact Surfaces

Refrigeration unit under expresso machine reading 55F(half n half 56F).Repair.maintain all cold holding 41F or below.PIC will remove product to other refrigeration.

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

Provide working internal thermometers for all refrigeration units.

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 23-4-602.13

Non-Food Contact Surfaces Clean

Ice machine vents with dust buildup.Clean to remove

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 29-5-201/02.11

Installed and Maintained

Handwash barriers are loose.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.

FDA Code: Section 29.5.201
• MINOR 32-6-301.11-02.11

Hand Cleaner Drying Tissue Signage

Provide proper hand wash signage at all Handwash only stations.

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 37-6-501.11-.12

Improper Maintenance of Walls/Ceilings

Hood sticker expired.Provide up to date hood sticker

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
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Data sourced directly from Boston Inspectional Services Department