Reference Guide for the Food Official Inspection Report
Introduction
The Food Official Inspection Report (FOIR) Reference Guide was developed to assist food service operators in understanding the inspection report and the items marked on the report. The intention of this publication is for use as a reference guide for the FOIR and is not intended to address all circumstances that may be found in a food facility.
The Reference Guide follows the three (3) sections of the Food Official Inspection Report, depicted on the following:
Critical Risk Factors, shaded in red, would be marked if high risk violations are observed. A violation in this section can be considered major, with a 4 point deduction or minor, with a 2 point deduction. A major violation poses an imminent health hazard that warrants immediate correction and may require closure of the food facility. A minor violation does not pose an imminent health hazard, but does warrant correction.
On June 19, 2015, the County of Los Angeles Board of Supervisors passed a Board Motion, requesting the Department of Public Health to modify the retail food facility grading system in Los Angeles County.
As a result, if two or more major Critical Risk Violations are marked, an additional three (3) points will be deducted from the restaurant or market inspection score. If the restaurant's or market's permit is suspended due to no water available, sewage, or vermin infestation, an additional seven (7) points will be deducted for each of the three specified closure types marked. These point deductions are effective July 2016. However, the Department is granting a six-month grace period until it is fully implemented.
Good Retail Practices, shaded in blue, would be marked for low risk violations that do not require an immediate action. Violations observed in this category result in a 1 point deduction.
Compliance & Enforcement, shaded in brown, would be marked to identify an action of the Health Inspector such as a sample is collected or food equipment is impounded.
Within each of the three sections are violation categories. Each violation category is further divided into subcategories. It is these subcategories that are the focus of this reference guide. Samples of possible violations that would warrant marking a subcategory are described.
In order to maintain and operate a facility in compliance with the law and to prepare for the inspection process, a Self-Inspection Checklist is provided. The Self-Inspection Checklist allows a food facility operator to complete an inspection using the same form used by Los Angeles County Department of Public Health, Environmental Health Division.
The Reference Guide is subject to change. As such, the Environmental Health Division will make every effort to inform industry stakeholders of significant changes in a timely manner. If you have questions regarding an inspection report; actions taken by an Environmental Health Specialist (EHS) or the Department; or any applicable law or regulation, please contact Environmental Health. Your inspector, the local district office and our Quality Assurance and Consultative Services units are all available to assist the food service industry.
Reference Guide for the New Food Official Inspection Report
Column | Definitions |
---|---|
IN | This item is marked to indicate the facility is in compliance with this subcategory. |
N/A | This item is marked to indicate the subcategory is not applicable to the facility. |
N/O | This item is marked to indicate the process could not be evaluated because it was not observed at the time of inspection. |
COS | This item is marked to indicate the violation has been corrected and verified prior to the completion of the inspection. The actual corrective actions taken for each violation will be documented in the inspection report; however, the violation will be marked and points will be deducted. A re-inspection date will be scheduled to confirm continued compliance. |
Employee Health, Hygiene, & Knowledge
This subcategory is marked MINOR when the Person in Charge (PIC) is not able to demonstrate food safety knowledge, practice, and principles applicable to their assigned duties [i.e., employee washing the utensils does not know the procedure for manually washing, rinsing, and sanitizing dishes or Certified Food Protection Manager (CFPM) does not know when to exclude ill employees.]
California Health and Safety Code, Section: 113947
This subcategory is marked MINOR when violations are observed:
- No one at the facility possesses a valid Certified Food Protection Manager (CFPM) certificate and one of the following occurred more than 60 days prior: The prior CFPM left employment; the facility experienced a change of ownership; or the facility began operation.
- One or more food employees lack a valid food handler card and the employee(s) began employment more than 30 days prior.
N/O - This subcategory is marked N/O either if there is no Certified Food Protection Manager and 60 days have not elapsed or a food employee lacks a food handler card and 30 days have not elapsed.
California Health and Safety Code, Sections: 113947.1, 113948
This subcategory is marked MAJOR when:
- The Person In Charge (PIC) is aware of a food employee who has been diagnosed with an "illness" as listed in Section 113949.1 and has not notified the enforcement agency.
- The PIC is aware that two or more food employees are concurrently experiencing symptoms associated with an acute gastrointestinal illness and has not reported it to the local enforcement agency.
- The PIC has not excluded a food employee with an "illness" as required.
- The PIC has been made aware of a food employee who is suffering from an acute gastrointestinal illness and has not restricted the duties of the food employee.
- The PIC removes a restriction of a food employee before resolution of symptoms of acute gastrointestinal illness.
- The PIC removes exclusion of food employee prior to receiving clearance.
- A food employee does not inform the PIC of a lesion or wound on their hand that is exposed and not properly protected with an impermeable cover and single use glove.
"Illness" includes Salmonella typhi, Salmonella spp., Entamoeba histolytica, Enterohemorrhagic or shiga toxin producing Escherichia coli, Hepatitis A virus, Norovirus, or other communicable diseases that are transmissible through food.
Additional Violations:
- Contamination of food by an infected food employee will result in disposal of the food and be marked in subcategory #13 (Food in good condition, safe and unadulterated).
- Contamination of food-contact surfaces by an infected food employee is also marked in subcategory #14 (Food-contact surfaces: clean and sanitized).
Note: A food employee is required to report to the PIC when he/she has been diagnosed with an "illness" or has an open lesion on the hands, wrists, or exposed portion of the arms. The food facility may be closed until, in the opinion of the Enforcement Agency, identified danger of disease outbreak has been addressed.
California Health and Safety Code, Sections: 113949.1, 113949.2, 113949.5, 113950, 113950.5, 113973(a), 113975
This subcategory will be marked MINOR if the following violation is observed:
- Food employee is experiencing persistent sneezing, coughing, or runny nose that is associated with discharges from the eyes, nose or mouth that cannot be controlled by medication and the employee is working with exposed food, clean equipment, clean utensils, or clean linen.
N/O - This item is marked N/O for food facilities only in the RARE case when there are no food employees present at the time of inspection.
Additional Violations:
- Contamination of food by a food employee that is experiencing persistent sneezing, coughing, or runny nose that is associated with discharges from the eyes, nose, or mouth will result in disposal of the food and be marked in subcategory #13 (Food in good condition, safe and unadulterated).
- Contamination of food-contact surfaces by a food employee that is experiencing persistent sneezing, coughing, or runny nose that is associated with discharges from the eyes, nose, or mouth is also marked in subcategory #14 (Food-contact surfaces: clean and sanitized).
California Health and Safety Code, Sections: 113974
This subcategory will be marked MINOR if any of the following violations are observed:
- A food employee eating in the food preparation area rather than the employee break room.
- A food employee drinking from an open cup in the food preparation area.
- A food employee chewing tobacco while preparing food and expectorating into nearby cup.
- A waitress eating at a serving station.
N/O - This subcategory is marked N/O for retail operations only in the RARE case when there are no food employees present at the time of inspection.
NOTE: A food employee may drink from a closed beverage container if the container is handled to prevent contamination of employee's hands, the container, non-prepackaged food, and food-contact surfaces. In general, an employee beverage container should not be placed on or directly above a food-contact surface.
California Health and Safety Code, Sections: 113977
Prevent Contamination by Hands
This subcategory is marked MAJOR if any of the following violations are observed:
- Food employees in a facility handling open food are unable to wash their hands due to the lack of soap or paper towels and handwashing supplies are not available by the end of the inspection. (CLOSURE)
- A food employee not washing their hands after using the toilet and either puts on gloves for working with food or handles food, equipment, utensils, linen, or tableware.
- A food employee preparing raw chicken fails to wash their hands prior to handling clean tableware or ready-to-eat food.
- A food employee using hand sanitizer instead of washing their hands.
- A food employee fails to change gloves when handwashing would normally be required.
- A food employee not washing their hands after sneezing, coughing, eating, drinking, or using tobacco products and either puts on gloves for working with food or resumes preparing food.
- A food employee with an open wound/lesion not wearing an impermeable cover and gloves for lesions at the hand or wrist, or an impermeable cover for lesions at the arms.
- A food employee washing hands while wearing single-use gloves or donning previously worn single-use gloves.
This subcategory is marked MINOR if any of the following violations are observed:
- A food employee not minimizing bare hand contact with exposed food that is not in ready-to-eat form by using utensils, tongs, forks, or gloves.
- A food employee handling non-ready-to-eat food not wearing gloves while he/she has artificial nails, nail polish and/or rings (other than plain band).
- Food employee washing hands for less than 10 seconds.
- Food employees handling non-ready-to-eat food with fingernails that are not trimmed, cleanable, and smooth.
- Employee re-using single use gloves.
- Food employee washing hands with cold water (less than 100°F).
- Employee washing hands in an unapproved sink (i.e., food preparation/janitorial/warewashing sink).
N/O - This subcategory is marked N/O for retail operations only in the RARE case when there are no food employees present at the time of inspection.
Additional Violations:
- Contamination of food by a food employee that has open lesions will result in disposal of the food and will be marked in subcategory #13 (Food in good condition, safe and unadulterated).
- Contamination of a food-contact surface by a food employee that has open lesions is also marked in subcategory #14 (Food-contact surfaces: clean and sanitized).
- When a food employee with an open wound or lesion on a hand or arm without a glove does not inform the PIC of the condition, subcategory #2 (Communicable disease; reporting, restrictions & exclusions) is marked.
Exception:
- Food employees in a pre-packaged food facility are unable to wash their hands due to the lack of soap or paper towels, and hand washing supplies are not available by the end of the inspection is only marked in subcategory #6 (Adequate handwashing facilities; supplied accessible).
California Health and Safety Code, Sections: 113952, 113953.1, 113953.3, 113953.4, 113961, 113967, 113968, 113973(b-f)
This subcategory is marked MINOR if any of the following violations are observed:
- Empty or missing soap or towel dispenser.
- Use of bar soap or cloth towels.
- No soap or towels are available on the premises, but are provided by the end of inspection.
- Lack of handwashing supplies on the premises of a pre-packaged food facility.
- Lack of handwashing sinks that are sufficient in number and conveniently located in a food preparation area or warewashing area (if facility was constructed after January 1, 1996).
- Handwashing sink is not separated from a warewashing sink by a six (6) inch high metal splashguard or twenty four (24) inch separation.
- Obstructed, inaccessible, improper use of, or unclean handwashing sink.
- Non-functional heated-air hand drying device.
- Non-functional soap and/or towel dispenser.
Exception:
- If soap or paper towels are not available on the premises and are not provided by the end of inspection, subcategory #5 (Hands clean and properly washed; proper glove use) is marked. (CLOSURE)
California Health and Safety Code, Sections: 113953, 113953.1, 113953.2, 114067(f)
Time and Temperature Relationship
This subcategory is marked MAJOR if any of the following violations are observed:
- Multiple servings of PHF in hot or cold holding equipment held in the range of 50°F - 130°F.
- Multiple PHF found in the range of 50°F - 130°F exceeding 2 hour preparation time.
- Multiple PHF found in the range of 50°F - 130°F exceeding 30 minute transport to the facility.
- During thawing process, PHF in the range of 50°F - 130°F in excess of 2 hours.
- Pooled eggs held at temperatures of 50°F - 130°F that has exceeded the 2 hour limit for food preparation.
- Korean rice cake found in the range of 50°F - 130°F AND has exceeded the 24 hour time period, or is missing the required label/label information.
- Asian rice-based noodle found in the range of 50°F - 130°F AND has exceeded the 4 hour time period, or is missing the required label/label information.
This subcategory is marked MINOR if any of the following violations are observed:
- Multiple servings of PHF holding in the range of 131°F 134°F in hot holding equipment.
- Multiple servings of PHF holding in the range of 42°F/46°F - 49°F in a refrigeration unit.
- Multiple servings of PHF held at room temperature exceeding two hours preparation time and are in the range of 42°F - 49°F or 131°F - 134°F.
- During the thawing process, multiple servings of PHF in the range of 42°F - 49°F in excess of 2 hours.
- Previously refrigerated raw shell eggs stored at 46°F - 134°F.
- Raw shell eggs held at room temperature past 2 hours for preparation at the grill line.
Additional Violations:
- Faulty equipment causes PHF to be out of temperature, subcategory #35 (Equipment/utensils approved; installed; good repair; capacity) is also marked.
NOTE: Items in salad bars and serving lines is held at 41°F - 45°F if disposed of after 12 hours. Pasteurized milk products in original sealed containers, raw shell eggs, and unshucked live molluscan shellfish is held at 45°F or less. A roast, cooked per 114004(b), is held at 130°F.
California Health and Safety Code, Sections: 113996, 113998, 114037, 114343(a)
This subcategory is marked MAJOR if the following violation is observed:
- Time marked on food has been exceeded. (Dispose the food)
- Time as a public health control is used for food but the food has not been marked or otherwise identified and the food has been out of temperature control for less than four (4) hours. (Dispose of the food)
This subcategory is marked MINOR if any of the following violations are observed:
- A written procedure is not maintained and available for food that has been time marked and is within the 4 hours period when using time as a public health control.
NOTE: Time as a public health control cannot be used for raw eggs in a licensed health facility or in a public or private school.
California Health and Safety Code, Sections: 114000
This subcategory is marked MAJOR when:
- PHF is not cooled rapidly from 135°F to 70°F within two (2) hours (e.g., pot of cooked beans found at 90°F cooling for >2 hours using approved or unapproved method).
- PHF is not cooled from 70°F to 41°F within 4 hours (e.g., roast found at 60°F cooling for >6 hours using approved or unapproved method).
- After heating or hot holding, potentially hazardous food is not cooled rapidly from 135°F to 41°F or below within six (6) hours.
- PHF is not cooled within 4 hours to 41°F if prepared from ingredients at ambient temperature.
- Deliveries of PHF not cooled to below 41°F within 4 hours if received between 41°F to 45°F.
This subcategory is marked MINOR if the following violation is observed:
- PHF is cooling in an unapproved method but is still within time & temperature parameters.
Additional Violation:
- Faulty equipment results in a cooling violation, subcategory #35 (Equipment/utensil-approved; installed; clean; good repair; capacity) is also marked.
California Health and Safety Code, Sections: 114002, 114002.1
This subcategory is marked MAJOR if the following violation is observed:
- Cooking process did not meet required cooking temperatures (i.e., cooked fruits and vegetables for hot holding: 135°F; eggs prepared for immediate service, fish, single pieces of meat: 145°F; comminuted meats, ratites, eggs prepared from pooled eggs or for hot holding: 155°F; poultry, comminuted poultry, stuffed meats, stuffing containing meats: 165°F) and an employee attempts to serve the product without returning the product to the cooking process.
Additional Violation:
- A food facility intentionally undercooks meat or eggs, and fails to disclose that fact, subcategory #19 (Consumer advisory provided for raw/undercook food) is also marked.
NOTE: Foods prepared for immediate service in response to an individual customer order may be served at any temperature.
California Health and Safety Code, Sections: 114004, 114008, 114010
This subcategory is marked MAJOR if any of the following violations are observed:
- PHF is not rapidly reheated within 2 hours to 165°F for 15 seconds for hot holding such as re-heating in a steam table (e.g., previously cooked and cooled stew being reheated for hot holding has exceeded the 2 hour time limit without reaching a minimum internal temperature of 165°F for 15 seconds).
- PHF is reheated in a microwave to 165°F and the food is not rotated or stirred, covered, and not allowed to stand covered for two minutes after reheating.
- Commercially processed ready-to-eat PHF is not reheated to 135°F or above within 2 hours for hot holding.
- Remaining unsliced portions of roasts are not reheated for hot holding to the required minimum temperature.
NOTE: Cooked and refrigerated food that is prepared for immediate service in response to an individual consumer order may be served at any temperature.
California Health and Safety Code, Sections: 114014, 114016
Protection from Contamination
This subcategory is marked MINOR if any of the following violations are observed:
- Re-served tortilla chips, salsa, or unpackaged bread.
- Popcorn, nuts, or snack mix left on bar for communal service.
- Previously served steamed rice used in the preparation of fried rice.
NOTE: A container of food that is not potentially hazardous is transferred from one consumer to another if the food is dispensed so that it is protected from contamination and the container is closed between uses, e.g., a narrow-neck bottle containing ketchup, steak sauce, or wine, or if the food, such as crackers, salt, or pepper, is in an unopened original package and is maintained in sound condition, and if the food is checked on a regular basis.
California Health and Safety Code, Sections: 114079
This subcategory is marked MAJOR if any of the following violations are observed:
- A food employee contaminates food by any intentional or unintentional act.
- Sulfites added to potentially hazardous food or fresh fruits/vegetables for raw consumption.
- A foreign object is found in food product (e.g., glass, Band-Aid).
- Rodent, cockroach, or fly adulterated food products.
- Open food products stored inside and in direct contact with the handwashing/janitorial sink.
- A food employee using a utensil to taste food more than once without utensil being properly washed, rinsed and sanitized between uses.
- A food employee with illness or open lesion on hands or arm touching food items/preparing food.
- Raw oysters from the Gulf of Mexico are offered for sale during the period from April 1st - October 31st and the oysters have not been treated to reduce pathogenic bacteria.
- Refrigerator condensate leaking into open pan of ready-to-eat food.
- Re-using a chemical container for food storage.
- Food on floor in contact with overflowing sewage or waste water.
- Washing hands over defrosting meat.
- Ground sirloin/round/hamburger exceeds 30% fat content/ground chuck exceeds 26% fat content/ground pork exceeds 50% fat content.
- Acidic foods capable of leaching found stored in lead glazed containers.
- Food prepared using reduced oxygen packaging (ROP) (Other than for immediate cooking and removal from the package) and the facility does not have or is not adhering to an approved HACCP plan.
- Washing produce in a warewashing compartment without first washing and sanitizing the compartment.
- Numerous shell eggs are broken, unclean, or do not meet Grade B standards.
- Ice that has been used for cooling the exterior surfaces of food such as melon or fish, canned beverages, or equipment and is used as food.
- Food cans leaking or swelling.
This subcategory is marked MINORif any of the following violations are observed:
- Meat, fish, or poultry products that have the appearance of spoilage.
- Linen used as lining in the bread basket is not changed between customers.
- PHF in reduced oxygen package exceeds a “use by” date.
- Infant formula or baby food exceeds “sell by” date.
- Food infesting insects (e.g., beetles, moths, larvae), ants, gnats in food.
- Fruit flies in liquor bottle.
- Condensate from refrigerator dripping onto raw meat/poultry.
- Lining food containers with newspaper.
- Food not inspected upon receipt (as soon as practical) and prior to any use, storage or resale.
- Ingredients containing trans-fat stored onsite but not used in food preparation.
- Serving foods with artificial trans-fat greater than 0.5 grams per serving.
Additional Violations:
- Operating without an approved HACCP plan is also marked in subcategory #18 (Compliance with variance, specialized processes & HACCP).
- Storing food in unapproved containers (such as lead glazed containers) is also marked in subcategory #35 (Equipment/utensil-approved; installed; clean; good repair; capacity).
NOTE:
- Spoilage is a naturally occurring process that changes the characteristics (e.g., fragrance, taste, texture, and appearance) of the food by natural organisms rendering the food unfit for consumption.
- Sell by or expiration dates of food products, other than infant formula or baby food, are not enforced by this Department and are not marked in any subcategory. Instead, the EHS will recommend that the owner/operator discontinue the sale of the food based on the expiration date.
- Foods found containing artificial trans-fat of 0.5 grams/serving or more will be red tagged and an Office Hearing will be issued.
California Health and Safety Code, Sections: 113967, 113976, 113980, 113988, 113990, 114035, 114041, 114041(a), 114254.3, 114377; California Code of Regulations, Title 17, Section 13675
This subcategory is marked MAJOR if any of the following violations are observed:
Food-contact Surfaces- Failure to clean and sanitize food-contact surfaces every four hours or as required when changing from raw food of animal origin to ready to eat food, between species of raw food of animal origin, between unwashed produce and PHF.
- Food in direct contact with dirty equipment.
- A food employee with illness, or open lesion on hands or arm touching food-contact surfaces.
- Sanitizer level is not detectible or below 50 ppm for Chlorine or below 100 ppm for Quaternary Ammonia in bucket used to store wiping cloths.
- Contamination of food-contact surfaces by soiled wiping cloth.
- A non-food grade lubricant used on food-contact surfaces of equipment.
- Warewashing sink is missing, non-functional, or clogged and no other approved means of cleaning and sanitizing is available. (CLOSURE)
- During active manual warewashing, water temperature in the 1st compartment is below 100°F, or temperature specified by the detergent manufacturer on the instruction label.
- Sanitizer level is not detectible or below 50 ppm for Chlorine or below 100 ppm for Quaternary Ammonia during active manual warewashing.
- Sanitizing rinse for manual heat sanitizing measures below 171°F.
- No approved detergent-sanitizer used during warewashing at a two-compartment sink.
- Sanitizer level in the final sanitizing rinse is below 50 ppm for Chlorine, below 100 ppm for Quaternary Ammonia, or below required concentration as indicated on the manufacturer's data plate during active mechanical warewashing.
- Utensil temperature at a heat sanitizing mechanical warewasher measures below 154°F during active warewashing.
This subcategory is marked MINOR if any of the following violations are observed:
Food-contact Surfaces- Food-contact surface that does not contact PHF (i.e. soda dispenser nozzle) is not cleaned and sanitized as required.
- Returned empty containers intended for refilling with food or beverages are not cleaned prior to being refilled.
- Sanitizer level is above 50 ppm but below 100 ppm for Chlorine or above 100 ppm but below 200 ppm for Quaternary Ammonia in bucket used to store wiping cloths.
- Equipment and utensils are not allowed to adequately drain or air dry before reuse.
- Sanitizer level is above 50 ppm but below 100 ppm for Chlorine or above 100 ppm but below 200 ppm for Quaternary Ammonia during active manual warewashing.
- Sanitizer for manual warewashing is unavailable but obtained at the end of inspection (no active warewashing at time of observation).
- Inadequate contact time with an approved sanitizer (Chlorine = 30 seconds, quaternary ammonia = 1 minute, hot water = 30 seconds).
- Utensils are not properly scraped or flushed of food debris, pre-soaked or scrubbed as necessary.
- During active mechanical warewashing the water temperature at a heat sanitizing mechanical warewasher measures between 155°F - 159°F and can be readily adjusted at time of inspection.
N/O - This item is marked N/O if there is no cleaning and sanitizing operations taking place at the time of inspection. However, the EHS should ask how food-contact surfaces are cleaned and sanitized to ensure they are using appropriate methods.
Additional Violations:
- When excessive sanitizer level is observed (sanitizer level is above 200 ppm for Chlorine or 400 ppm for Quaternary Ammonia), subcategory #34 (Warewash facilities: installed, maintained, used; test equipment) is marked.
- While there is no active warewashing, the mechanical warewashing machine is tested and found to be non-functional or does not effectively sanitize, and an approved alternate method of sanitizing is available, ONLY subcategory #34 (Warewash facilities: installed, maintained, used; test equipment) is marked.
- If no water is available, subcategory #21a is marked and 7 additional points will be deducted for no water available . (CLOSURE)
- If a warewashing sink is missing, in disrepair/non-functional, or clogged but an approved alternate method of cleaning and sanitizing is available (e.g., mechanical warewasher), ONLY subcategory #34 (Warewash facilities: installed, maintained, used; test equipment), or #21a (Hot water available) is marked as appropriate.
- Water temperature throughout the facility measured between 110°F-119°F subcategory #21a will be marked ONLY. (Hot available-Minor)
California Health and Safety Code, Sections: 113984(e), 114097, 114099, 114099.1, 114099.2, 114099.4, 114099.6, 114099.7, 114101, 114105, 114109, 114111, 114113, 114115, 114117, 114118, 114125(b), 114141
Food from Approved Sources
This subcategory is marked MAJOR if any of the following violations are observed:
- PHF or ice is not from an approved food source, such as meat or cheese tamales that were prepared in a private home.
- Molluscan shellfish are not received from source listed in the Interstate Certified Shellfish Shippers list.
- A game animal from an unapproved source, and/or listed in 50 CFR 17 Endangered and Threatened Wildlife and Plants, is sold/served at a food facility.
- Liquid, frozen and dry egg products are not obtained pasteurized.
- Frozen milk products, such as ice cream, are not pasteurized.
- Fish is not commercially and legally caught or harvested.
- Food served was prepared at another retail food facility (not a wholesale facility).
- Prepared food is served but there is no cooking equipment on the premises.
- Retail food facility manufacturing yogurt/ice cream without required State Dairy Service approval.
- Invoices for PHFs suspected of being from an unapproved source are not available on site.
This subcategory is marked MINOR if any of the following violations are observed:
- Home grown produce used/offered for sale at the food facility.
- Chocolate chip cookies baked in a private home that is not a Class B Cottage Food Operation.
- Cottage food product from a Cottage Food Operation permitted outside of Los Angeles County is offered for sale.
- Invoices for non-PHF suspected of being from an unapproved source are not available on site.
NOTE: When invoice copies are not available to verify the source of the PHF item during the inspection, subcategory #15 (Food obtained from approved source) is marked and the food item is be red tagged, and an Office Hearing notice is issued. If the source cannot be verified at the Office Hearing, then the food is disposed.
California Health and Safety Code, Sections: 113758, 113980, 114021, 114023, 114024, 114025, 114027, 114029, 114031, 114035, 114041(b), 114089,
This subcategory is marked MINOR if any of the following violations are observed:
- Identity of shell stock is not maintained after removal from original container by: (1) failing to keep records, (2) commingling shell stock, (3) repackaging shell stock without shell stock tag or approved labeling.
- Molluscan shellfish life support system display tanks are operated in a manner that allows water used for other fish to flow into the tank or the safety of the shellfish as they are received is compromised by use of the tank.
- Shell stock is not obtained with proper tags or labels.
- Shell stock received is not discarded when they are not reasonably free of mud, dead shellfish, or broken shells.
- Shell stock tags/labels are not maintained in chronological order.
This subcategory is marked MINOR if any of the following violations are observed:
- Raw Gulf Oysters are offered for sale, without evidence of approved treatment, between the months of April - October 31.
- Raw Gulf Oyster warning signs are not posted for untreated oysters between the months of November 1 - March 31 (Title 17 CCR 13675).
- Required warning signs do not conform to size/language specifications.
California Health and Safety Code, Sections: 113707, 114090; Title 17 CA Code of Regulations § 13675
Additional Critical Risk Factors
This subcategory is marked MINOR if any of the following violations are observed:
- A food facility operator did not submit a HAACP plan for approval by the enforcement agency for smoking, curing, using vinegar or other additives for food preservation, custom slaughtering, or for a molluscan shellfish tank.
- An operator does not have a HACCP plan approved by the California Department of Public Health for the use of reduced oxygen packaging, other than for immediate packaging, cooking, and removal of the cooked product from the package.
- An operator violates the conditions of a variance or HACCP plan.
- The facility is not able to provide variance documentation to support the use of alternative practices or procedure.
- If the facility that utilizes a HACCP plan is unable to provide the required documentation.
- A satellite food facility is operating without enforcement agency approved written standard operating procedures.
N/A - This item is marked N/A if the facility is not required by the regulatory authority to have a variance or HACCP plan.
California Health and Safety Code, Sections: 114039.5, 114057, 114057.1, 114067, 114417-114417.7, 114419-114423
This subcategory is marked MINOR if any of the following violations are observed:
- Pasteurized eggs or pasteurized egg products are not substituted for raw shell eggs in food such as Caesar salad dressing or hollandaise sauce and no consumer warning is provided.
- If the food facility serves raw or undercooked food and fails to provide an advisory (orally or in writing) that a food item is being served less than thoroughly cooked (i.e., hamburgers are routinely and/or intentionally served medium rare without notifying the consumer).
Exceptions: When a confectionary contains more than ½% alcohol without a prominently displayed warning, subcategory #32 (Food properly labeled & honestly presented) shall be marked.
N/A
- This subcategory is marked
N/A
when the food facility does not serve raw/undercooked animal foods and confectionaries containing alcohol in excess of ½% by weight.
N/O
- This subcategory is marked
N/O
when the EHS is unable to determine if the required verbal consumer advisory was provided routinely.
California Health and Safety Code, Sections: 114012, 114093
This subcategory is marked MAJOR if any of the following violations are observed:
- Juice, fluid milk or dry milk is served unpasteurized at a school cafeteria.
- A school is serving hamburgers medium rare.
- Raw seed sprouts served at a private/public school.
- Multiple servings of scrambled eggs made from unpasteurized eggs.
- Fish is served raw or undercooked, such as sushi or seared ahi tuna.
N/A - This subcategory is marked N/A at other than licensed health care facilities, public schools or private schools.
California Health and Safety Code, Sections: 114091
This subcategory is marked MAJOR if any of the following violations are observed:
- Water temperature measures less than 100°F ONLY at the faucet of the warewashing sink.
- Water is measured <100°F throughout the food facility. (CLOSURE)
- Water temperature is measured <100°F throughout the facility, however it is restored between 100-119°F by the end of the inspection, facility is given 24 hours to correct the violation.
- Delicatessen inside a food market has water at less than 100°F, discontinue operation of delicatessen.
- Temperature of water at handwashing sink is not adjustable and exceeds 108°F.
This subcategory is marked MINOR if any of the following violations are observed:
- Water throughout the restaurant is measured at 100°F - 119°F. (24 hours to abate)
- Unable to provide hot water at the janitorial sink at a temperature at or above 100°F.
- Lack of warm water (100°F) at a handwashing sink.
- Water is less than 100°F at a pre-packaged food facility (24 hours to abate). Pre-packaged food facilities do not require water temperature at 120°F
NOTE:
- A retail food market less than 6000 square feet in size may have multiple departments operating within the facility under one public health permit (e.g., delicatessen, meat market, or bakery). If one of the departments is found to be lacking potable or hot water, that department must discontinue operation until water is restored.
- A food facility may provide only warm water if the water supply is used solely for handwashing as required by section 113953.
California Health and Safety Code, Sections: 113941, 113953(c), 114099.2(b), 114189, 114192, 114192.1, 114195
This subcategory is marked MAJOR if any of the following violations are observed:
- The water supply is contaminated or unapproved. (CLOSURE)
- No adequate, protected, pressurized, potable water is available to the facility. (CLOSURE)
NOTE:
- A retail food market less than 6000 square feet in size may have multiple departments operating within the facility under one public health permit (e.g., delicatessen, meat market, or bakery). If one of the departments is found to be lacking potable or hot water, that department must discontinue operation until water is restored.
California Health and Safety Code, Sections: 113941, 113953(c), 114099.2(b), 114189, 114192, 114192.1, 114195
This subcategory is marked MAJOR if any of the following violations are observed:
- Overflow or backup of floor sinks/drains of sewage/wastewater onto floors in the food preparation areas. (CLOSURE)
- Overflowing or clogged grease trap/interceptor. (CLOSURE)
- Open sewer line discharging to the outside of the facility. (CLOSURE)
- Lack of operable toilet facilities. (CLOSURE)
This subcategory is marked MINOR if any of the following violations are observed:
- Floor sinks clogged with standing water but sewage not backing up.
- Liquid waste (not sewage) is not disposed of through the approved plumbing system or does not discharge into the public sewer system or an approved private disposal system.
- Mop bucket is emptied outside back door of facility.
Additional Violations:
- Sewage observed on floors is also marked in subcategory #44 (Floors, walls, and ceiling: built, maintained and clean).
- Sewage observed on non-food contact surface is marked in subcategory #33 (Nonfood contact surfaces clean).
- Sewage observed on food-contact surface is marked in subcategory #14 (Food contact surfaces: clean and sanitized).
- Sewage observed on food is marked in subcategory #13 (Food in good condition, safe and unadulterated).
Exceptions:
- A drain line from a walk-in refrigerator which drains onto the ground outside of the facility will be marked only in subcategory #40 (Plumbing: fixtures, backflow devices, drainage).
California Health and Safety Code, Sections: 114123, 114197, 114250, 114276
This subcategory is marked MAJOR if any of the following violations are observed:
- A rodent infestation as evidenced by any of the following: fresh droppings, gnaw marks, nesting materials, grease marks, live or dead rodents in the food preparation, food storage, warewashing areas; indoor customer dining area; or in the restroom. (CLOSURE)
- A cockroach infestation as evidenced by one or more live cockroaches in the food preparation, food storage, warewashing, indoor customer dining area, or restrooms. (CLOSURE)
- Fly infestation as evidenced by numerous flies in food preparation areas contacting food, food-contact surfaces or both. (CLOSURE)
This subcategory is marked MINOR if any of the following violations are observed:
- A food employee caring for or handling animal(s) that is present, such as patrol dogs, service animals, or pets, in areas that are used for food preparation, storage, or display.
- Old rodent droppings with no evidence of active infestation.
- One live cockroach with no other evidence of an infestation.
- Cockroaches in a utility room with no immediate risk to the public's health and safety.
- Old dead cockroaches and/or fecal spots with no evidence of active infestation.
- An active infestation at exterior trash area or exterior dining area.
- Customer's pet allowed inside the food facility.
- A few flies in the food preparation area.
- Flies in a pre-packaged food facility.
- Flies in the delivery staging area only.
- Gnats in the warewashing area or around floor sink.
- Ants found in the kitchen.
- Multiuse customer utensils used for animal(s).
Additional Violations:
- If food is adulterated by insects, rodents, cockroaches, or fecal waste subcategory #13 (Food in good condition, safe and unadulterated) is also marked.
- If food-contact surfaces are contaminated by insects, rodents, cockroaches or fecal waste subcategory #14 (Food-contact surfaces: clean and sanitized) is also marked.
- If non-food contact surfaces are contaminated by insects, rodents, cockroaches or fecal waste subcategory #33 (Nonfood contact surfaces clean) is also marked.
Exception:
- Vermin proofing violations, such as a door with a gap greater than ¼" is only marked in subcategory #43 (Premises; personal/cleaning items; vermin proofing).
California Health and Safety Code, Sections: 114259, 114259.1, 114259.4, 114259.5
Supervision
This subcategory is marked OUT if any of the following violations are observed:
- A Person In Charge (PIC) is not present during operation hours.
- Customer allowed access through the food preparation area or warewashing area where there is not at least 3 feet of clearly delineated space or a rail at least 3 feet high.
- Customers not notified that clean tableware is to be used when they return to self-service areas (e.g., salad bars).
NOTE: The permit holder or a person designated by the permit holder is the PIC. The PIC does not have to be the certified food protection manager.
California Health and Safety Code, Sections: 113945, 113945.1, 113984.1, 114075
This is marked OUT if any of the following violations are observed:
- Food employee preparing, serving, handling food or clean utensils without wearing hair restraints.
- Food employee working with soiled outer garments.
- Food employee working without adequate clothing to protect food, clean equipment, utensils, or linen.
NOTE: There are three different requirements regarding hair restraints:
- Food employees such as chefs or cooks actively involved in food preparation are required to restrain AND cover their hair (e.g., hats, hair nets).
- Employees who have limited contact with open foods are only required to restrain their hair (e.g., pony tail, hair pulled back from face and off shoulders).
- Employees with no visible hair, or who only serve wrapped/prepackaged foods do not require a hair restraint or cover.
California Health and Safety Code, Sections: 113969, 113971
This subcategory is marked OUT if any of the following violations are observed:
- PHF thawing using an unapproved method
- Frozen foods displayed for sale are thawing in a display case
Additional Violation:
- Problems with a freezer that causes thawing is also marked in subcategory #35 (Equipment/utensils-approved; installed; clean; good repair; capacity)
Exceptions:
- When improper thawing methods or excessive thawing time causes PHF to be in the temperature danger zone, ONLY subcategory #7 (Proper hot and cold holding temperatures) is marked.
NOTE: Frozen foods shall be removed from their packaging when thawed under running water.
California Health and Safety Code, Sections: 114018, 114020
This subcategory is marked OUT if any of the following violations are observed:
- Raw food of animal origin is stored above ready-to-eat food (e.g., produce).
- Food is being thawed, washed, sliced or cooled in an unenclosed, unapproved facility or overhead protection is not provided where required (i.e., outdoor food displays, vending machines, or satellite food service operations).
- Food displayed without a sneeze guard or the sneeze guard is inadequate to protect food.
- Ice machine/refrigeration unit located in hallway with contents accessible to consumers.
- Badly dented cans, particularly with severe dents on can seams.
- The open-air barbecue or outdoor wood burning oven is not separated from public access to prevent food contamination or injury to public.
- During non-operating hours and periods of inclement weather, satellite food service operations or outdoor displays are not fully enclosed; or food, food-contact surfaces, and utensils are not stored inside a fully enclosed permanent food facility.
- Food products held for return to distributors are not separated and stored in a manner that prevents adulteration of other foods or contributes to a vermin problem.
- Food stored in ice or water was subject to the entry of water because of nature of the packaging, wrapping, or container, or the positioning in the ice or water.
NOTE: This section addresses preventive measures ONLY. Actual contamination of food is marked in subcategory #13 (Food in good condition, safe and unadulterated)
California Health and Safety Code, Sections: 113984(a,b,c,d,e), 113986, 114047, 114055, 114060, 114067(d,e,j), 114069(a,b), 114073, 114077, 114089.1(c), 114143(c), 114145(g)
This subcategory is marked OUT if the following violation is observed:
- Raw whole produce has not been washed prior to being cut, combined with other ingredients, cooked, served, or offered for customer consumption in ready-to-eat form.
California Health and Safety Code, Sections: 113992
This subcategory is marked OUT if any of the following violations are observed:
- Employee applying unapproved (e.g., household use only) insecticide, pesticide, or rodenticide inside food facility.
- Chemical container without a label identifying the contents.
- A chemical container is stored where it may result in contamination of food, utensils, or food-contact surfaces, such as detergent above the drain board of a warewashing sink where clean utensils are allowed to dry.
- Sanitizer bucket stored on top of food preparation surface.
Additional Violations:
- Food-contact surfaces that have been contaminated by hazardous materials or chemicals is also marked in subcategory #14 (Food-contact surfaces: clean and sanitized).
California Health and Safety Code, Sections: 114254, 114254.1, 114254.2
Food Storage/Display/Service
This subcategory is marked OUT if any of the following violations are observed:
- Working food containers, such as those located at the rear storage area, are missing labels that identify the food by common name (except food that can be easily identified, such as rice or pasta).
- Food stored in an unapproved area (e.g., outside, cargo containers, toilet room or locker room).
- Containers of food stored on the warewashing sink drain board.
- Double-stacking food inside the refrigerator without adequate protection of the food product.
- Food container that is not water-proof/rodent-proof is not stored at least 6 inches above floor surface.
Additional Violations:
- Damaged food containers and unapproved containers will also be marked in subcategory #35 (Equipment/utensils-approved; installed; clean; good repair; capacity).
NOTE:
- Pressurized beverage containers, cased containers of bottles or cans, milk or other food in water proof containers, and milk containers stored in plastic crates can be stored on a clean floor.
- Food in packages and working containers can be stored less than 6 inches above the floor if stored on dollies, pallets, racks, and skids designed to be moved by hand or by conveniently available hand trucks or fork lifts.
- Working containers of bulk foods stored adjacent to the cook line and used during active food preparation DO NOT require labels.
California Health and Safety Code, Sections: 114047, 114049, 114051, 114053, 114067(h), 114069(b)
This subcategory is marked OUT if any of the following violations are observed:
- A food dispensing utensil(s) is not provided for each container at buffets and salad bars.
- Consumer self-service bulk beverage dispensers not properly operated and/or maintained.
- Customer utensils are not protected from contamination by being individually wrapped or dispensed to avoid customer contact with any part other than the handle.
- Raw, non-prepackaged food of animal origin such as lamb, beef, pork, poultry, and eviscerated fish is offered for customer self-service (Mongolian stir fry/grills are exempt).
California Health and Safety Code, Sections: 114063, 114065
This subcategory is marked OUT if any of the following violations are observed:
- Pre-packaged food without required labeling information: e.g., common name, name and address of manufacturer, packer or distributor, ingredients listed in descending order of predominance by weight, and net weight of contents.
- Pre-packaged food products not labeled in English.
- Bulk food containers for consumer self-service are missing required labeling information.
- Lack of "use by" date on a PHF packaged at the facility using reduced oxygen packaging.
- The fat content of ground beef exceeds the labeled percentage (e.g.,15%, 22% or 30% etc.)
- Primal cut (meat) or species (seafood) information on menu, package label, or sign card/boards is false and/or misleading.
- Pre-cooked weight of food item is less than advertised.
- Previously frozen fish is advertised as "Fresh".
- Burrito advertised as a "1 lb." but the product weighs 14.5 oz.
- Primal cut information missing from the label on package of cut of meat.
- Use of deceptive lighting to misrepresent freshness of meat.
- The manufacturers or food facility's dating information on foods is concealed or altered.
- A confectionary contains more than ½% alcohol and is not prominently displayed or disclosed.
- CFO product is being used and not disclosed.
NOTE: Bakery products sold directly to a restaurant, catering service, retail bakery, or over the counter directly to the consumer by the manufacturer or baker distributor are exempt from labeling provisions.
California Health and Safety Code, Sections: 114087, 114089, 114089.1(a,b), 114090, 114093.1, 114094, 114094.5, and the Sherman Food, Drug, and Cosmetic Law,
Equipment/Utensils/Linen
This subcategory is marked OUT if any of the following violations are observed:
- Accumulated grease or food debris on the nonfood-contact surfaces of equipment, shelving, cabinets, or fryers.
- Accumulation of mold/mildew inside the soda gun holder.
- Dirty fan guards or door gaskets in walk-in refrigerator.
- Debris encrusted drawer used for the storage of utensils.
- Dirty shelving in refrigeration unit with no direct food contact.
- Accumulation of calcium or chemical buildup on the interior surfaces of the mechanical warewasher unit.
- Reach-in units with unclean handle or door gaskets.
Exceptions:
- Violations related to the cleaning of ventilation hoods or lights/light shields will be marked ONLY in subcategory #37(Adequate ventilation and lighting; designated areas, use).
- Violations related to the cleaning of floors, walls, and ceilings, inclusive of walk-in refrigerators, will be marked ONLY in subcategory #44 (Floors, walls and ceiling: built, maintained and clean).
California Health and Safety Code, Sections: 114115(c)
This subcategory is marked OUT if any of the following violations are observed:
- The food facility prepares food and the approved warewashing sink has been removed but there is a mechanical warewash machine available.
- The sink compartments are not large enough to accommodate the largest equipment or utensil.
- The warewashing sink is not cleaned and sanitized before and after each time it is used to wash wiping cloths, wash produce, or thaw food.
- Warewashing sink is missing one or both drain boards.
- The mechanical warewashing machine is missing one or both approved, integral metal drain boards attached at point of entry and exit of mechanical warewasher.
- Mechanical warewashing machine is not approved, installed, or operated according to manufacturer's specifications.
- The warewashing sink is used for handwashing and the facility was constructed or remodeled after January of 1996.
- The sanitizing test kit is missing or the wrong type.
- Sanitizer levels are found to be in excess of 200 ppm for chlorine and in excess of 400 ppm for quaternary ammonia, indicating that test strips were not used to verify sanitizer level.
- The mechanical warewashing machine is tested and determined to be non-functional or does not effectively sanitize (ppm of chemical/contact time/temperature) and CAN NOT be readily adjusted at time of inspection. A three-compartment sink is available for warewashing.
Exceptions:
- Produce washed in the warewashing sink without prior sanitizing is marked ONLY in subcategory #13 (Food in good condition, safe and unadulterated).
California Health and Safety Code, Sections: 114067(f, g), 114099, 114099.3, 114099.5, 114101(a), 114101.1, 114101.2, 114103, 114107, 114125,
This subcategory is marked OUT if any of the following violations are observed:
Approved Equipment
- All new and replacement food-related and utensil-related equipment is not certified by an ANSI accredited certification program, or if no standard exists, is not approved by the local enforcement agency.
- Electrical equipment is not UL listed.
- Using domestic “household use only” utensils or equipment.
- Using wood and/or wood wicker as a food-contact surface.
- Using enamel/ceramic/stoneware pots or pans or lead glazed containers.
- Unapproved use of portable propane burner.
- Fogging device installed after July 1, 2007, using a reservoir instead of water under pressure for fogging or misting of food.
- Copper or copper alloys are used in contact with food that has a pH below 6.0, such as vinegar, fruit juice, or wine, or for a fitting between a backflow prevention device and a carbonator.
- Clean In Place (CIP) equipment is not self-draining or designed for effective cleaning and sanitizing.
NOTE: Hard maple or equivalent is used for cutting boards, rolling pins, chopsticks and as specified in Section 114132 (b).
Good Repair
- Refrigeration unit not holding required temperature.
- Non-working refrigeration unit used for storage.
- Equipment is non-functional or in disrepair.
- Cutting boards are not smooth, easily cleanable, in good repair.
- Torn door gaskets, rusty shelves or missing fan guard in a refrigeration unit.
- Ice build-up on the condenser unit in the walk-in freezer.
- Damaged utensils (knives, spoons, colander, chipped dishes, and glassware).
- Frayed or deteriorated fabric implements.
- Cracked/leaking condensate pan in the walk-in refrigeration unit.
- A piece of cloth used to hold equipment in place.
- Plastic bags being used as sink stoppers in three-compartment sink.
- Cracked sink or sink not secured to wall.
- Deteriorated caulking at the wall and sink junction.
- Sink unapproved or damaged.
Capacity
- No food preparation sink installed when the food facility conducts thawing, rinsing, washing or similar food preparation.
- Equipment for cooling, heating, hot holding or cold holding is not sufficient in quantity or capacity to ensure safe food temperatures during transportation or operation.
- Electrical power is not provided at all times.
- A hand truck or forklift is not provided to easily move dollies, pallets, racks, or skids that are not designed to be moved by hand.
Installed
- Fixed equipment that is not easily movable is not installed with adequate spacing or sealing or floor- mounted equipment that is not easily movable is not sealed to floor or elevated on 6 inch legs.
- Table-mounted equipment that is not easily movable is not sealed to table or elevated on 4 inch legs.
- Cutting or piercing parts of can openers are not readily removable.
Exceptions:
- Cast-off items within the facility will be marked ONLY in subcategory #43 (Premises; personal/cleaning items; vermin proofing).
- Cast-off items outside the facility will be marked ONLY in subcategory #41 (Garbage/refuse properly disposed; facilities maintained).
California Health and Safety Code, Sections: 114130, 114130.1, 114130.2, 114130.3, 114130.4, 114130.5, 114132, 114133, 114137, 114139, 114153, 114163, 114165, 114167, 114169, 114175, 114177, 114180, 114182, 114185,
This subcategory will be marked OUT if any of the following violations are observed:
Use
- Unapproved use of approved equipment, such as merchandise refrigerator approved for canned or bottled non-PHF is used for open foods or PHF.
- Milk crates used as shelving.
- Laundry facilities on premises are used for laundering items other than those used in the operation of the food facility.
- Condiment containers not intended for reuse (e.g., ketchup bottles) are refilled.
Storage
- Storing serving utensils in ice water, in sanitizing solution, or in standing water less than 135°F.
- Handle of approved scooping utensil submerged in ice or bulk food that requires further processing.
- Storing knives in between equipment.
- Clean pots, pans, multi-service dishes, or clean take out containers stored where they are subject to contamination, such as on the floor or in an unapproved area.
- Kitchen utensils stored together with tools/hardware.
- Easily moveable equipment/utensils stored inside/on top of handwashing, food preparation, or janitorial sink.
- Tableware preset at outside dining areas without adequate protection.
- Single use articles in preparation/storage area are not kept in original protective package or otherwise protected from contamination until used.
- Clean equipment and utensils are not stored covered or inverted such that they are self-draining.
- Unsecured pressurized CO2 tanks.
Linens
- Linens used to line food service containers are not changed and washed each time the container is refilled.
- Linens, cloth gloves, or cloth napkins are not washed as required.
- Clean linens are stored where they are subject to contamination, such as on the floor or in an unapproved area.
- Linens or work clothes are laundered on the premises and a mechanical washer and dryer are not provided.
Exception:
- Fabric implements (i.e., linens used in contact with food) are marked in subcategory #14 (Food-contact surfaces, cleaned and sanitized).
NOTE:
- Single-use paper towels may be used in contact with raw/ready to eat foods.
- Linen may be used to cover food items if the linen is used exclusively on food and is laundered and sanitized after each use.
California Health and Safety Code, Sections: 114074, 114075, 114081, 114083, 114119, 114121, 114161, 114172, 114178, 114179, 114185, 114185.2, 114185.3, 114185.4, 114185.5
This subcategory is marked OUT if any of the following violations are observed:
- Hood filter(s) are missing or improperly installed.
- Hood (exterior/interior) has an accumulation of grease and/or dust.
- Hood is not functioning properly (does not effectively remove smoke, odors, grease, etc.)
- Grease-collecting device at hood is missing.
- Mechanical ventilation at hood is not turned on as required.
- Grill/broiler is not fully under the canopy-type hood (no 6" overhang).
- Gas rice cooker is not installed under a hood.
- Deep fryer installed under a Type II hood instead of a Type I hood.
- Table top cooking (e.g., shabu-shabu) without required ventilation system.
- Solid fuel burning equipment is not installed under a separate exhaust duct.
- No ventilation system or window in the toilet room/dressing room/food storage.
- Un-vented gas water heater (this will be referred to the Gas Co. immediately).
- Makeup air is not provided in the amount equal to exhaust air.
- Missing/damaged light shields in food preparation area refrigerators or display cases.
- Water inside the light shield of the walk-in refrigeration unit.
- Not maintaining at least 50 foot candles where safety is a factor, such as at a cutting table, slicer or grinder.
- Light shields with accumulated dust or dead insects.
Exception:
- Use of deceptive lighting to misrepresent freshness of meat is marked ONLY in subcategory #32 (Food properly labeled & honestly presented).
NOTE:
- High velocity hood may not require 6” overhang. Issues concerning ventilation or reasonable condition of comfort for employees should be referred to the local Building Department.
- Restricted food service facilities are exempt from 114149.1 (a), but must still provide ventilation to remove gases, odors, steam, heat, grease, vapors and smoke from the food facility.
California Health and Safety Code, Sections: 114149, 114149.1, 114149.2, 114149.3, 114252, 114252.1
This subcategory is marked OUT if any of the following violations are observed:
- Missing/non-functional/inaccurate thermometer in any refrigeration unit holding PHF.
- Missing/non-functional/inaccurate/unapproved probe thermometer.
- Thermometer missing/not working at high-temperature warewashing machine.
- Probe thermometer not available for use at warewashing sink.
NOTE: This requirement does not apply to equipment for which the placement of a temperature measuring device is not practical, such as steam tables and salad bars.
California Health and Safety Code, Sections: 114157, 114159
This subcategory is marked OUT if any of the following violations are observed:
- Sponges are used in contact with cleaned and sanitized or in-use food-contact surfaces.
- Cloths used to wipe spills from tableware or take out containers are not dry and used only once.
- Cloths used for wiping tables or seats are used repeatedly and not stored in an approved sanitizing solution.
- The same wiping cloth is used for multiple purposes, such as wiping food preparation surfaces and customer tables.
- Storage of a wiping cloth in a bucket with excessively soiled solution.
- Same sanitizer bucket is used to keep wiping cloths used for raw foods of animal origin, and wiping cloths used for other purposes.
- Soiled wiping cloths are stored in the food preparation or food storage area.
- Clean wiping cloths are stored in an area subject to contamination, such as the restroom.
- Wiping cloths not laundered and dried in a mechanical washer/dryer or not properly laundered in a ware- washing sink.
NOTE: Sanitizer buckets do not have to be set up in prep areas. They are only required when wiping towels are being re-used. The sanitizing frequency must also be met.
California Health and Safety Code, Sections: 114135, 114185.1, 114185.3(d,e)
Physical Facilities
This subcategory is marked OUT if any of the following violations are observed:
- Leaking faucet at the warewashing sink.
- Hose used to clean floor mats is also used to supply water at wok stove.
- Floor sinks are not readily accessible for cleaning.
- Non-potable water piping is not identified so as to be readily distinguishable from potable water piping.
- Backflow prevention device is missing or leaking.
- Drain line without an air gap.
- An air gap between a water supply inlet and flood level rim of a plumbing fixture, equipment, or nonfood equipment is not at least twice the diameter of the inlet, or is less than one inch.
- Food preparation sink/ice machine drain line is directly connected to the sewer.
- A grease trap or grease interceptor is located in a food or utensil handling area without approval.
- A grease trap or grease interceptor is not easily accessible for servicing.
- Unapproved rubber hose used as a faucet extension.
- Faucet unable to reach all compartments of the sink.
- Floor sink with food debris.
- Accumulation of mold or slime on drain lines.
- Uncapped sewer clean-out (no discharge).
- Drain line is leaking from any sink (e.g., janitorial sink, handwashing sink).
- Unsecured flexible drain line used for discharge from refrigerator.
- Refrigerator unit draining to a bucket/floor/pan/exterior ground surface.
NOTE:
- Mop sinks and sinks equipped with hose threaded faucets should be protected with a back flow prevention device.
- An evaporator for refrigeration units is acceptable if properly installed and functioning.
- Food facilities approved with a grease trap or grease interceptor that were in operation before July 1, 2007, of this part of California Health and Safety Code are NOT required to comply with this Section.
California Health and Safety Code, Sections: 114171, 114189.1, 114190, 114192, 114192.1, 114193, 114193.1, 114199, 114201, 114269
This subcategory is marked OUT if any of the following violations are observed:
- Exterior refuse container lids propped open or missing.
- Exterior/customer area refuse container encrusted with waste.
- Lack of adequate refuse containers/inadequate refuse pick up resulting in overflowing trash.
- Cardboard box used as a refuse receptacle.
- No waste receptacles are present for use by consumers.
- Storage areas and/or receptacles are not clean and/or in good repair.
- Refuse is overflowing and creating a nuisance.
- Animal byproducts and inedible kitchen grease is not dispose of as required.
- Refuse, recyclables, or returnable are not kept in nonabsorbent, durable, cleanable, leak proof, and rodent proof containers.
- Cast-off/non-functional equipment stored at the exterior of the facility.
- Trash containers in outdoor dining area are not vermin proof or are not emptied at the end of the operating day.
Additional Violation:
- If improper handling/storage of trash at refuse area has resulted in vermin (rodent, cockroach, fly) infestation at exterior refuse area, subcategory #23 (No insect, rodents, birds or animals present-Minor) is also marked.
NOTE:
- Refuse containers inside a food facility do not need to be covered during periods of operation.
- Cardboard or other packaging material that does not contain food residue and that is stored outside can be stored outside without being in a covered receptacle if it does not create a rodent harborage problem.
California Health and Safety Code, Sections: 114211, 114244, 114245, 114245.1
This subcategory is marked OUT if any of the following violations are observed:
- Toilets are not accessible to employees at all times the facility is in operation.
- One of the available toilets is damaged, leaking, clogged, or inoperative.
- Urinal is missing in men's toilet room of a facility that has on-site liquor consumption.
- Separate men's and women's toilets are not available in a facility that serves alcohol for on-site consumption.
- Toilet paper not provided in permanently installed dispensers at each toilet.
- Missing toilet paper dispenser.
- Door removed or propped open at the toilet room.
- Missing or damaged self-closing device.
- Unclean toilet facilities.
Exceptions:
- Lack of functional toilets is marked ONLY in subcategory #22 Major (Sewage and wastewater properly disposed).
NOTE: Food facilities located within amusement parks, stadiums, arenas, food courts, fairgrounds, TFF's and similar premises are not required to provide toilet facilities for employee use within each food facility if approved toilet facilities are located within 200 feet.
California Health and Safety Code, Sections: 114250, 114250.1, 114276; LA County Code Title 11
This subcategory is marked OUT if any of the following violations are observed:
California Health and Safety Code, Sections: 114143(a,b), 114256, 114256.1, 114256.2, 114256.4, 114257, 114257.1, 114259, 114259.2, 114259.3, 114279, 114281, 114282
This subcategory is marked OUT if any of the following violations are observed:
- Missing base cove tiles, floor tiles, or grout between tiles.
- Unapproved floor material (carpet/vinyl tiles) installed in food/utensil/warewashing areas.
- Damaged walls (e.g., holes, cracks, peeling paint, deteriorated caulking, plaster not smooth, or loose metal flashing).
- Missing electrical outlet or light-switch cover.
- Missing or unapproved type of ceiling panels.
- Deteriorated floors/walls/ceilings in the walk-in refrigerators (aggregate/gravel exposed).
- Cardboard or unapproved floor boards used on floors.
- A permanent food facility not fully enclosed in a building or does not consist of permanent floors, walls, and an overhead structure that meet minimum standards.
- The floor surfaces extending from a permanent open-air barbecue or wood-burning oven are not a minimum of 5 feet of impervious or easily cleanable material.
- Dirty and not easily removable floor mats and duckboards.
- Using an unapproved method of cleaning the floors (not using dustless methods such as wet cleaning or vacuum cleaning).
- Accumulated food debris, grease, mold, or dirt on floors, walls, ceilings including inside of walk-in refrigerator.
- Cockroach fecal spots, rodent droppings/rub marks/urine on floors, walls, or ceilings.
California Health and Safety Code, Sections: 114143(d), 114266, 114268, 114268.1, 114271, 114272
This subcategory is marked OUT if any of the following violations are observed:
- Bedding in food storage area.
- Door/opening between food facility and living/sleeping quarters.
NOTE: Restricted food service facilities are exempt provided that no sleeping accommodations are in any area where food is prepared or stored.
California Health and Safety Code, Sections: 114285, 114286
Signs Requirements
This subcategory is marked OUT if any of the following violations are observed:
- A copy of the most recent routine inspection report is not maintained at the food facility or made available upon request.
- The required signs are not posted (e.g., hand washing, no smoking, public restroom).
- The grade/score card has not been properly posted as required by Ordinance #97-0071.
- The public notice is not posted at the food facility.
Exception:
- Missing gulf oyster warning signs is marked in subcategory #17 (Compliance with Gulf Oyster Regulations).
NOTE: This section does not apply to toilet rooms in guestrooms of restricted food service facilities.
California Health and Safety Code, Sections: 113725.1, 113953.5, 113978, 114276(f)(1), 114381(e)
This subcategory is marked OUT if any of the following violations are observed:
- Food facility is open for business and does not have a valid Public Health Permit.
- Permit is not posted in a conspicuous location.
- The permit holder of the permanent food facility and the permit holder of the satellite food service are not the same.
- Satellite food service not operated in conjunction with a fully enclosed permanent facility, written procedures are not available, food and utensils are not stored inside the fully enclosed food facility during period of closure, or the activities are not conducted under constant and complete control of the permit holder.
NOTE: Satellite food service means a remotely located food service operation that is conducted on the same property as, in reasonable proximity to, in conjunction with, and by a fully enclosed permanent food facility. Satellite food service does not include remote food service operations located within a fully enclosed food facility.
California Health and Safety Code, Sections: 114067, 114381
This item is marked OUT when complete, easily readable plans drawn to scale, for new construction or remodel of a food facility are not submitted prior to construction, or construction of a new facility or remodel of an existing retail food facility begins prior to plan approval.
California Health and Safety Code, Sections: 114380
This item is marked OUT when enforcement officer collects samples of food for testing at a laboratory or food, photographs, or other evidence, including copies of a HACCP plan and other documents.
California Health and Safety Code, Sections: 114390
This item is marked OUT when the enforcement officer impounds food, equipment, or utensils that are found to be, or suspected of being unsanitary or in such disrepair that food, equipment, or utensils may become contaminated or adulterated, or impounds any utensil that is suspected of releasing lead or cadmium.
NOTE: Within 30 days, the enforcement agency that has impounded the food, equipment, or utensils pursuant to subdivision (a) will commence proceedings to release the impounded materials or to seek administrative or legal remedy for its disposition.
California Health and Safety Code, Sections: 114393
This item is marked OUT when a food facility's permit has been suspended due to imminent health hazard, continued non-compliance or when a facility is closed for not having a valid health permit.
California Health and Safety Code, Sections: 114405, 114409
If two (2) or more major critical risk violations are marked, an additional three (3) points will be deducted. Full implementation of point deductions will begin January 1, 2017, when the six month grace period ends, and #52 will be marked.
Major Critical Violations #2, #5, #7, #8, #9, #10, #11, #13, #14, #15, #20, #21a
The success of any food inspection program requires a clear understanding of the common terminology used by the Environmental Health Specialist (EHS) and the food industry. The following terms should provide a better understanding of the food inspection process:
Approved Source
Approved Source is a producer, manufacturer, distributor, transporter or food facility that is licensed or permitted by a local or state agency, which conforms to current public health standards.
California Health and Safety Code
California Health and Safety Code regulates retail food facilities.
Comminuted
Comminuted means reduced in size by methods including chopping, flaking, grinding, or mincing. Examples include gefilte fish, formed roast beef, gyros, ground beef, sausage, and a mixture of two or more types of meat that have been "comminuted".
Cross Contamination
Cross Contamination is the transfer of harmful microorganisms from one food to another by means of a non-food surface (equipment, utensils, human hands), or from storing or thawing raw meat and poultry adjacent to or above other foods.
Critical Sink
Critical Sink is the only sink available for a specific purpose (e.g., the only janitorial sink, the only food prep sink, the only hand washing sink) within a reasonable distance.
Environmental Health Specialist (EHS)
Environmental Health Specialist (EHS) also known as "health inspector" is someone who has completed college level studies in biology, chemistry, physics and microbiology; possesses a bachelor's degree or higher; and who has passed or is in the process of taking the California State Registered Environmental Health Specialist examination.
Exclude
Exclude means to prevent a person from working as a food employee or entering a food facility except for those areas open to the general public.
Food Contact Surface
Food Contact Surface is a surface of equipment or a utensil where food normally comes into contact.
Food Facility
Food Facility means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. Permanent food facilities include but are not limited to, restaurants, food markets, bakeries, public and private school cafeterias, restricted food service facilities, licensed health care facilities, commissaries, and vending machines.
GRP (Good Retail Practices)
GRP (Good Retail Practices) are those preventive measures required by law that effectively control the introduction of pathogens, chemicals, and physical objects into the food.
HACCP Plan
HACCP Plan is a written document that details the formal procedures for following the Hazard Analysis Critical Control Point (HACCP) principles that were developed by the National Advisory Committee on Microbiological Criteria for Foods.
Infestation (vermin)
Infestation (vermin) means the presence of vermin within the food facility as evidenced by actual live bodies, fresh droppings or vomitus, urine stains, or gnaw marks, that could result in contamination to the food, equipment, packaging, or utensils.
Intervention
Intervention means actions taken to reduce the risk for potential foodborne illness.
Local Enforcement Agency (LEA)
Local Enforcement Agency (LEA) means the department or the local health agency having jurisdiction over the food facility.
Major Violation
Major Violation means a violation that poses an imminent health hazard that warrants immediate correction and may require closure of the food facility.
Minor Violation
Minor Violation means a violation that does not pose an imminent health hazard, but does warrant correction.
Person In Charge (PIC)
Person In Charge (PIC) means the individual present at a food facility who is responsible for the operation of the food facility.
Pooled Eggs
Pooled Eggs are the eggs from domesticated chicken, turkey, duck, goose, or guinea which have been removed from the shell at the retail food facility and combined with other egg yolks and/or whites.
Potentially Hazardous Food (PHF)
Potentially Hazardous Food (PHF) means a food that requires time or temperature control to limit pathogenic micro-organism growth or toxin formation. PHF includes a food of animal origin that is raw or heat- treated, a food of plant origin that is heat-treated or consists of raw seed sprouts, cut melons, cut tomatoes, or mixtures of cut tomatoes that are not modified to render them unable to support pathogenic micro-organism growth or toxin formation, and garlic-in-oil mixtures that are not acidified or otherwise modified.
Prohibited Foods
Prohibited Foods refers to those foods including but not limited to, unpasteurized eggs, dairy products, or juices, and raw seed sprouts that are, or contain food products frequently associated with foodborne illness, especially in the "high-risk" populations.
Ready-to-eat (RTE) Foods
Ready-to-eat (RTE) Foods means food that is in the form that is edible without additional preparation to achieve food safety or may receive additional preparation for palatability or aesthetic, epicurean, gastronomic, or culinary purposes.
Restrict
Restrict means to limit the activities of a food employee so that there is no risk of transmitting a disease that is transmissible through food and the food employee does not work with exposed food, clean equipment, utensils linen and unwrapped single-use articles.
Revocation
Revocation is an action taken by the Environmental Health Division to permanently order a facility closed under the existing Public Health Permit.
Sherman Food Drug and Cosmetic Act
Sherman Food Drug and Cosmetic Act is part of the California Health and Safety Code regulating labeling, advertising and pure foods.
Suspension
Suspension is an action taken by the Environmental Health Division to temporarily order a facility closed.
Time as a Public Health Control (TPHC)
Time as a Public Health Control (TPHC) is an approved method of holding food, where time only, rather than time in conjunction with temperature, is used as the public health control for a working supply of potentially hazardous food before cooking or for ready-to-eat potentially hazardous food that is displayed or held for service for immediate consumption. (Documentation is a requirement).
Ware washing
Ware washing means the cleaning and sanitizing of utensils and food-contact surfaces of equipment.
Resources
Download Food Facility Self-Inspection Checklist (size: 455KB)
For office locations, please visit our District Office page.
For plan check service area, please visit our Plan Check Program page.
For compliance assistance, please contact our Quality Assurance Program and Industry Engagement Program.