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Thursday, January 11, 2018 at 1:35 PM

Address
244 NEWBURY ST
Back Bay, MA 02116
Category
FS
Violations
21 total
⚠️ 7 critical
⚠ 1 major
Facility History
2 inspections
1 failures

Violations Cited

⚠️ CRITICAL 01-3-602.11 B2
✓ Corrected

Labeling of Ingredients

Cookies prep packaged pasteries for customer self service not labeled

Why This Matters

This violation directly contributes to foodborne illness risk

Code Requirements

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

FDA Code: Section 01.3.602
⚠️ CRITICAL 03-3-501.16(A)
✓ Corrected

Cold Holding

Milk wash 51 F - not properly refrigerated (back prep)

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 12-2-401.11-.12
✓ Corrected

Good Hygienic Practices

Employee drinking from open china cup in food prep/ware washing area

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 12.2.401
⚠️ CRITICAL 20-4-703.11
✓ Corrected

Food Contact Surfaces Clean

Low temp dish machine not maintaining 50-100 PPM of clorine (at time of inspection 0PPM of chlorine) Wiping cloth solution not being used per MFG specifications (at time of inspection 0PPM of chlorine)

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
⚠️ CRITICAL 31-5-204/05.11
✓ Corrected

Location Accessible

Access to hand sinks blocked by portable fan

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
⚠️ CRITICAL 41-7-201/04.11
✓ Corrected

Separation/Sanitizer Criteria

Chemicals stored with food items on shelving above hand sink

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
✓ Corrected

PIC Performing Duties

Food establishment not approved to operate - Multiple risk factors critical and non violations noted on inspection. I spoke with Principal Health Inspector Diane Judge regarding the violation sited inspection and establishment is not approved to operate. All employees must be properly trained in food safety and sanitation as it relates to their assigned duties by the certified food protection manager Per Code. Wiping cloths not stored in a sanitizing solution. Oppm Quaternary ammonia - PIC did not know what type of sanitize was being used. Low temp dish machine not maintaining 50-100 PPM of chlorine (at time of inspection 0PPM of chlorine) Chemicals stored with food items on shelving above hand sink Access to hand sinks blocked by portable fan Waste water from dish machine and 3 bay sink overflowing floor drain Consumer advisory for Raw and under cooked animal products missing disclosure and missing asterisk(s) next to each food items that is served under cooked - On paper menu and menu boards Advisory regarding fresh squeezed juice missing from Menu board Allergen advisory missing from menu and menu board/point of sale Employee drinking from open china cup in food prep/ware washing area Cookies prep packaged pasteries for customer self service not labeled Milk wash 51 F - not properly refrigerated Chemicals stored with food items on shelving above hand sink Access to hand sinks blocked by portable fan Waste water from dish machine and 3 bay sink overflowing floor drain Employee drinking from open china cup in food prep/ware washing area (See complete list of violations on inspection report)

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 28-5-402.13
✓ Corrected

Sewage and Waste Water

Waste water from dish machine and 3 bay sink overflowing floor drain (Ware washing/food prep areas) Plumber contacted by PIC

Why This Matters

This violation supports conditions that may lead to foodborne illness

Code Requirements

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

FDA Code: Section 28.5.402
• MINOR 08-3-305-307.11
✓ Corrected

Food Protection

Open foods not stored in food grade covered containers - Food prep/storage areas Items stored on top of ice machine - Food service Fresh squeezed juices made to order - PIC/Owner shall provide proper operating procedures for the prepand service for Fresh squeezed juices.

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
✓ Corrected

Food Utensil Storage

Scoop stored in open dispenser in contact with brick wall above ice machine

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
✓ Corrected

Clean Cloths Hair Restraint

Food handlers not wearing hair restraints

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
✓ Corrected

Food Contact Surfaces Design

Worn scorn and discolored cutting boards - Food prep areas

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
✓ Corrected

Non-Food Contact Surfaces

Food items stored on pallet in back area - Provide proper shelving 6" above the floor. Foil lining shelving - Food prep

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 16-4-501.11/.15
✓ Corrected

Dishwashng Facilities

Dish washer not properly draining - Ware washing area

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 16.4.501
• MINOR 21-3-304.14
✓ Corrected

Wiping Cloths Clean Sanitize

Using sponges - Ware washing/back prep Wiping cloths not stored in a sanitizing solution. Oppm quatanary ammonia - PIC did not know what type of sanitzer was being used.

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 24-4-903.11
✓ Corrected

Clean Equipment & Utensils Storage

Pots pans etc not inverted and stored in direct contact where employees wash hands (hanging off wire shelving)

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 24.4.903
• MINOR 29-5-201/02.11
✓ Corrected

Installed and Maintained

Hot water at hand sink in bathroom not maintaining 110 F (at time of inspection hot water wash at 71 F) Plumber contacted by PIC

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
✓ Corrected

Hand Cleaner Drying Tissue Signage

No signage at handsinks reminding employees to wash hand prior to returning to work - Food prep/ware washing areas Paper towel dispenser empty - no drying device - Back prep/ware washing areas

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
✓ Corrected

Improper Maintenance of Floors

Rust on floor grease trap - Ware washing/prep areas

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
✓ Corrected

Improper Maintenance of Walls/Ceilings

Built up soils on walls and attachments throughout food prep/ware washing area Peeling paint on back door - Ware washing/prep areas

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
✓ Corrected

Premises Maintained

Rear egrees blocked by unnecessary articles and food product storage

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