1-2A – pic present, demonstrates knowledge, performs duties
Points: 4
Corrected during inspection?: No
Repeat: No
Inspector Notes: .03(1)(c) Person in charge of establishment (PIC) at time of inspection did not demonstrate knowledge and could not correctly answer food safety questions. .03(2)(f) PIC did not fulfill responsibility of ensuring employees were properly cooking raw beef steak and cold holding TCS (Temperature Controlled for Safety) foods at time of inspection. When questioned, PIC and employee did not know proper cold hold temperature for TCS foods at buffet/bar. When questioned, PIC and employee did not realize steak at buffet/bar was considered undercooked. PIC did not realize establishment cannot serve undercooked beef on buffet/bar, and did not know minimum cook temperature for beef. Employee incorrectly stated 300 plus °F. Employee stated they were trained to cook steak for two minutes then flip and cook the steak another two minutes. .03(2)(l) Observed during inspection and by questioning PIC and other employees that not all employees have been properly trained in food safety as it relates to their assigned duties and shown by establishment having multiple risk factor violations at time of inspection. CORRECTIVE ACTION: OWNER, CFSMs, PICs are to immediately train or retrain all employees in safe food handling practices related to minimum cooking temperatures for raw foods, minimum hot holding and cold holding of TCS foods, and reheating temperatures.
2-2D – adequate handwashing facilities supplied & accessible
Points: 4
Corrected during inspection?: Yes
Repeat: No
Inspector Notes: .06(2)(c)(i) Upon initial arrival at the establishment, I went to wash my hands at the handwash sink by the office and there was no hot water at the sink. Hot water handle was broken/stripped as it would only spin around. I went to the handwash sink at cash register and there was no hot water at that sink either. PIC was asked why sink at office had handle spinning or was broken. She stated she did not know and stated it has been like that for two weeks. Remaining handwash sinks and men’s and women’s restroom sinks were checked. No handwashing sink in the establishment had hot water at the time of initial inspection and questioning of the PIC. Temperature of water at handwash sink was checked. Water temperature was 83°F and not 100°F as required in Food Rules. The owner later arrived and discussed no hot was available at handwash sinks as required by Rules with supervisor. Owner reset blinking control panel to hot water heater #1. After water heater went through restart cycle, hot water was available at all handwashing sinks and vanity sinks. CORRECTIVE ACTION: Hand sink near office is to have faucet handle repaired or replaced within 72 hours or receipt of inspection report.
3-1C – food in good condition, safe, and unadulterated
Points: 9
Corrected during inspection?: Yes
Repeat: No
Inspector Notes: .04(1) Observed diced onions, sour cream, shredded lettuce, guacamole and corn salsa on display at buffet/bar contaminated by flies in or on container (see pictures with report). Pic was advised food product was contaminated and discarded product. CORRECTIVE ACTION: Advised owner that food product at buffet/bar, equipment and utensils at cooking station, and prep areas should be covered to prevent contamination as observed above. Owner, CFSM, PIC is to immediately instruct all employees in safe food practices regarding covering food products, equipment and utensils during slow times or when not in use.
4-2B – food-contact surfaces: cleaned & sanitized
Points: 4
Corrected during inspection?: No
Repeat: No
Inspector Notes: .05(7)(b)(1)(v) Observed an excessive amount of flies in the establishment at time of inspection (Buffet/Bar, cooking area, rear kitchen, and storage areas). Observed flies landing on food contact surfaces (cutting boards, various utensils, prep tables, and food containers at buffet/bar). At no time during the inspection was it observed that the PIC or any employees tried to address the contamination of equipment and food contact surfaces by the flies. No utensils, cutting boards, containers, or equipment was removed to be washed and sanitized or attempts made to cover food or food contact surfaces to prevent contamination by the flies by employees present. CORRECTIVE ACTION: Owner, CFSM, PIC is to immediately train or retrain all employees as to what is considered food contact surfaces, and when and how to clean and sanitize food contact surfaces after contamination.
5-1A – proper cooking time and temperatures
Points: 9
Corrected during inspection?: Yes
Repeat: No
Inspector Notes: .04(5)(a)(1)(II)(ii) Observed newly cooked steak on display at buffet/bar to be partially cooked (appearing rare to medium rare) with a cooked color change only on surface of steak. Steak was temped at 118°F. PIC was informed steak was undercooked and was given the option of continuing to cook steak to correct temperature or discarding steak. Employee took steak pan and continued cooking steak. PIC was asked if she know the safe cooking temperature for beef/steak. She incorrectly answered 300 plus °F. PIC was advised steak could not be served undercooked because: (1.) the steak is hot held on the buffet/bar and (2.) the steak is not offered for sale directly to the consumer as a cooked to order item (whole muscle, intact beef steak). Steak is chopped for hot holding on the buffet/bar. CORRECTIVE ACTION: See corrective action for 1-2A above.
6-1A – proper cold holding temperatures
511-6-1.04(6)(f) – time/temperature control for safety; cold holding (p)
Points: 9
Corrected during inspection?: Yes
Repeat: Yes
Inspector Notes: Observed various TCS (Temperature Controlled For Safety) food products (noted in temperature log) on display at buffet/bar not maintaining temperatures of 41°F or below as required by rules for cold holding TCS foods. PIC was present and observed temperatures taken. When asked, PIC could not tell me what the required cold holding temperature at buffet/bar should be for TCS foods at buffet/bar. PIC was educated regarding cold hold requirements of TCS foods at buffet/bar. PIC could not provide any records or logs for the out of temperature items or could not tell me how long they had been on display. PIC discarded all noted TCS foods that were above 41°F and replaced with fresh product. CORRECTIVE ACTION: See violation 1-2A above. CFSM, PIC or employee is to routinely take cold holding temperatures of foods on display at buffet/bar and take appropriate corrective actions when needed. It is recommended to maintain a log/s with time and temperatures for all cold and hot holding, reheating, and cooking temps that occur within the establishment.
15A – food and nonfood-contact surfaces cleanable, properly designed, constructed, and used
Points: 1
Corrected during inspection?: No
Repeat: No
Inspector Notes: .06(2)(r) Observed that hot/cold water supply was cut off to vegetable prep sink. When hot water was turned on at sink, water flowed/flooded continuously from broken cold water faucet handle. Owner was questioned why sink was disabled. Discussed sink was necessary to wash read-to-eat vegetables such as lettuce, tomatoes, peppers, etc. prior to being prepped. Owner stated that was not necessary because all the ready-to-eat products come prewashed/packaged. I (Ansley) walked owner to walk in cooler and there were heads of lettuce, tomatoes, peppers that require washing in a dedicated vegetable sink prior to prep. No vegetable prep occurred at time of inspection, but it is obvious that vegetable washing is not being done according to Food Rules. Discussion of meat sink being used temporarily as vegetable sink occurred with owner. Owner stated meat sink is not critical to operation. Owner chose to take meat sink temporarily out of service and to use sink as a vegetable prep sink. Sink is to be thoroughly washed and sanitized prior to use as a vegetable prep sink. Owner instructed PIC/employee that sink is to be only used for vegetable prep-no meat-until further notice and to instruct other employees of use of the sink. CORRECTIVE ACTION: Faucet at vegetable prep sink is to have faucet repaired or replaced and hot and cold water available at vegetable prep sink immediately or within 72 hours of receipt of inspection report.
16C – sewage and waste water properly disposed
Points: 2
Corrected during inspection?: No
Repeat: No
Inspector Notes: .06(4)(e) During time of inspection, vegetable prep sink water was turned on and flooding sink from broken faucet. Observed hub/floor drain clogged and water/sewage spilling out onto floor. Water/sewage was squeegeed to floor drain which was also clogged with standing water/sewage and was very slow draining. Issue is temporarily addressed by not using sink as documented in 16B above. Owner stated he has continual problem with the sink drainage. He stated he has met with the City of Bainbridge prior. Owner called Eric Malone with the City of Bainbridge at time of inspection. Malone stated they were aware of plumbing issues as noted by owner. Malone stated he will discuss issue with city engineer in the morning. Owner continually stated it was a sewer issue outside the building. Advised owner that he is the food service permit holder and part of the requirements of a food service permit is to have and maintain a properly functioning sewage disposal system. Advised that the sewage issue should have previously been addressed. When water was ran in temporary vegetable sink, water did not back up out of hub/floor drain. Sink is not to be used until drainage issue is corrected. Meeting with owner, city engineer, sewer superintendent, and environmental health district director is scheduled for Wednesday, 06/26/24 at 9:00 AM at Diablo’s. CORRECTIVE ACTION: After Wednesday meeting with City of Bainbridge and Environmental Health, owner is to provide Environmental Health a plan or corrective action for repairing sewer line drainage issues within 24 hours.
18 – insects, rodents, and animals not present
Points: 3
Corrected during inspection?: No
Repeat: No
Inspector Notes: .07(5)(k) During inspection observed excessive number of flies in the establishment. Observed flies contribute to contamination of food product, food contact surfaces, and nonfood contact surfaces at time of inspection. Owner states pest control services treat facility once per month and last visit was June 18th. Owner discussed and showed various control methods he is using to try and control fly problem. CORRECTIVE ACTION: Owner has called pest control provider to meet Wednesday, 06/26/24 to look at different and other solutions to try to control and minimize the presence of flies in the establishment.
