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Restaurant Inspections 9/1/13 – 9/18/13

CASEY’S GENERAL STORE 1600 E 27TH HAYS, KS 67601food
Inspection Date: 8/29/2013

Fail Notes
4-702.11
P – Sanitizing Before Use, After Cleaning – UTENSILS and FOODCONTACT SURFACES of EQUIPMENT shall be SANITIZED before use after cleaning.[An employee was observed washing and rinsing dishes in the 2nd vat sink. There was no sanitizing solution detected by the manager when she tested . (COS) Manager demonstrated to employee how to properly set up the 3rd compartment to be used for the sanitizer and a test then was made and got a 200 parts per million result with Quat 10. Rewashed and sanitized properly. ]

Fail Notes
3-501.18(A)(1)
P – RTE PHF/TCS, Disposition (discard if held more than 7 days) Refrigerated, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) prepared or opened and held in a FOOD ESTABLISHMENT for more than 24 hours shall be discarded if it is held at a temperature of 5°C (41°F) or less for more than 7 days, with the day of preparation counted as Day 1.[A container with canadian bacon was dated 8/17/13 with a use by date of 8/24. The product was held 6 days longer than the 7 day use by date. COS- Manager VD approximately 3# of canadian bacon. ]

Fail Notes
7-102.11
Pf – Common Name (Working Containers) Working containers used for storing POISONOUS OR TOXIC MATERIALS such as cleaners and SANITIZERS taken from bulk supplies shall be clearly and individually identified with the common name of the material.[An unlabeled bottle of clear substance which the manager identified as bathroom cleaner was being stored in the storage area. (COS) Manager labeled the bottle. ]
7-201.11(A) P – Chemical Storage (spacing/partitioning) POISONOUS OR TOXIC MATERIALS shall be stored so they cannot contaminate FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES by separating the POISONOUS OR TOXIC MATERIALS by spacing or partitioning.[A bottle of Glass and Multi-surface cleaner (original label) was stored next to a bulk box of 100 Grand candy bars in the storage room. COS-Manager removed chemical. ]
7-201.11(B) P – Chemical Storage (Not Above Food, etc.) POISONOUS OR TOXIC MATERIALS shall be stored so they cannot contaminate FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES by locating the POISONOUS OR TOXIC MATERIALS in an area that is not above FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE or SINGLE-USE ARTICLES. [There were containers of ice machine cleaner stored on top of the ice machine in the ice machine/storage room. COS-manager moved chemicals from the top of the ice machine. ]

Fail Notes
3-501.15(A)
Pf – TCS Cooling (Methods) – Cooling shall be accomplished in accordance with the required time and temperature criteria by using one or more of the following methods based on the type of FOOD being cooled: placing the FOOD in shallow pans; separating the FOOD into smaller or thinner portions; using rapid cooling EQUIPMENT; stirring the FOOD in a container placed in an ice water bath; using containers that facilitate heat transfer; adding ice as an ingredient; or, other effective methods.[Inspectors observed commercially prepared sausage gravy that originates from a canned process being stored in a plastic container in the south 2 door make table at 60 F. Make table holding other foods at 40 F. According to manager the food worker that prepares and heats this product starts these breakfast preparation between 2 and 3 AM to be used for 4AM consumer purchase. The food worker shift ends at 8 AM. It is unknown if this container if from the earliest preparation or whether the potential is that a subsequent heating of additional products took place before 8AM. At 11:20 inspectors retest container of gravy and observe it at 54 F. COS- Manager attempted to cool to 41F by placing in freezer and stirring frequently, A retest by inspectors at 12:05 PM proved the gravy had successfully dropped to a temperature of 39F. Education was provided to help achieve this cooling correction and for future cooling methods for staff education. ]

Fail Notes
3-302.12
Food storage containers (Common Name) Except for containers holding FOOD that can be readily and unmistakably recognized such as dry pasta, working containers holding FOOD or FOOD ingredients that are removed from their original packages for use in the FOOD ESTABLISHMENT, such as cooking oils, flour, herbs, potato flakes, salt, spices, and sugar shall be identified with the common name of the FOOD.[Unlabled containers identified by the manager as chocolate frosting, 2 containers of vanilla frosting, sprinkles, coconut, cinnamon & sugar, powdered sugar, peanuts, and 2 containers of colored sugar were found. COS-Manager labeled items. ]

Fail Notes
3-305.11(A)(1)
Food storage – Except as specified in ¶¶ (B) and (C) of 3-305.11, FOOD shall be protected from contamination by storing the FOOD: in a clean, dry location; where it is not exposed to splash, dust, or other contamination; and at least 15 cm (6 inches) above the floor.[Observed multiple cases of soda pop stored directly on the floor in the 9 door reach in/WIC. COS- Manager removed from floor. ]

Fail Notes
3-304.12(E)
In-use utensil storage (non-PHF/TCS-clean, protected location) During pauses in FOOD preparation or dispensing, FOOD preparation and dispensing UTENSILS used with FOOD that is not POTENTIALLY HAZARDOUS (TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) shall be stored in a clean, protected location.[In the ice machine room/ storage room an ice scoop was stored in a trash can. Another scoop was stored on top of the ice machine. An ice tote bucket was being stored on a soiled area of the handsink. COS- manager removed utensils and bucket from unclean surfaces. ]

NOTICE OF NON COMPLIANCE WITH KANSAS LAW
The Kansas Food, Drug and Cosmetic Act, effective July 1, 2012 includes K.S.A. 65-619 et seq. and regulations promulgated pursuant thereto and grants the Kansas Department of Agriculture the authority to regulate food establishments and food processing plants. The Kansas Food, Drug and Cosmetic Act requires that all violations shall be corrected no later than 10 days after this inspection unless otherwise directed on this form. Failure to comply with the food safety law and its regulations may result in embargo of non-compliant products; immediate closure of your establishment; civil penalties of up to $1,000.00 per violation; denial of license renewal, modification, suspension and/or revocation of any license or authority issued pursuant to the food safety law; and/or any other penalty authorized by law. Pursuant to K.S.A. 65-619 et seq, licensees issued authority under the Kansas Food, Drug and Cosmetic Act may apply to the secretary for an extension of the time prescribed above.

CASEY’S GENERAL STORE 1600 E 27TH HAYS, KS 67601
Inspection date: 9/10/13

Fail Notes
3-501.18(A)(2)
P – RTE PHF/TCS, Disposition (discard if in a container w/out a date) Refrigerated, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) prepared or opened and held in a FOOD ESTABLISHMENT for more than 24 hours shall be discarded if it is not clearly marked to indicate the date or day by which the FOOD shall be consumed on the PREMISES, sold, or discarded when held at a temperature of 5°C (41°F) or less for a maximum of 7 days, with the day of preparation counted as Day 1.[two partial containers of commercial processed [Rich’s brand] shredded barbecue beef in make table with no date marking. Manager could not advise when they were opened. COS Discarded]

FIELD WARNING LETTER
The Kansas Food, Drug and Cosmetic Act, effective July 1, 2012, K.S.A. 65-619 et seq. and regulations promulgated pursuant thereto, grants the Kansas Department of Agriculture authority to regulate food establishments and food processing plants. The Kansas Food Code is adopted and amended by K.A.R. 4-28-8 through 15. During the inspection today of the Food Establishment listed above, violations of the Kansas Food Code were observed. The violations are documented in the attached Kansas Food Establishment Inspection Report.Although we will not take further action at this time based on this inspection report, repeated violations observed during future inspections may result in:
• Embargo of non-compliant products;
• immediate closure of your establishment;
• civil penalties of up to $1,000.00 per violation;
• denial of license renewal;
• modification, suspension and/or revocation of any license or authority issued
pursuant to the Kansas Food, Drug and Cosmetic Act;
• and/or any other penalty authorized by law.
Future inspections will be initiated during the next routine inspection cycle, unless we receive a complaint about the food establishment.

CHARWELLS – MCMINDES HALL FHSU MCMINDES HALL HAYS, KS
Inspection Date: 9/11/2013

Fail Notes
3-302.11(A)(2)
P – Cross Contamination by type (separate equipment) – FOOD shall be protected from cross contamination by separating types of raw animal FOODS from each other such as beef, FISH, lamb,
pork, and POULTRY during storage, preparation, holding, and display by: using separate EQUIPMENT for each type; arranging each type of FOOD in EQUIPMENT so that cross contamination of
one type with another is prevented; or, preparing each type of FOOD at different times or in separate areas
[3-302.11(A)(2)(b)
observed one box of raw chicken on slotted metal shelf above box of raw pork in the walk in cooler. COS Mgr rearranged locations ]

Fail Notes
4-601.11(A)
Pf – Food Contact Clean to Sight and Touch – EQUIPMENT FOODCONTACT SURFACES and UTENSILS shall be clean to sight and touch.[Observed two gallon can openers with dried on food residue. COS cleaned immediately. Observed two plastic food containers stored as clean on rack shelf next to produce walk in cooler with soft remaining food label stickers on the outside of containers. COS removed and rewashed. Observed bulk milk dispenser tubes on the east side containing chocolate milk (cut properly at an angle) however were released up into the chilled dispensing head and allowing soiled/mold growth to come in contact with the edges of the tube end. COS by manager pulling out tubes to extend out and food workers totally cleaned the exposed areas of the opening dispensing head.]

Fail Notes
4-602.11(E)(4)
Non-PHF/TCS Food Contact Surface Cleaning Frequency (ice bins, soda nozzles) Surfaces of UTENSILS and EQUIPMENT contacting FOOD that is not POTENTIALLY HAZARDOUS (TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) shall be cleaned, in EQUIPMENT such as ice bins and BEVERAGE dispensing nozzles and enclosed components of EQUIPMENT such as ice makers, cooking oil storage tanks and distribution lines, BEVERAGE and syrup dispensing lines or tubes, coffee bean grinders, and water vending EQUIPMENT: at a frequency specified by the manufacturer; or, absent manufacturer specifications, at a frequency necessary to preclude accumulation of soil or mold.[observed growth of mold on the out side bottom edge of the bulk ice maker.]

Fail Notes
3-501.16(A)(2)
P – PHF/TCS Cold Holding – POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) shall be maintained at 5°C (41°F) or less.[cooked pasta salad held at the Pizza salad (north section of dining room) observed at 50 to 57 degree range. condenser unit is located under the cold hold pans and noticed elevated heat conditions from the heat of the motor, with three token 2 inch diameter holes drilled into out facing of the unit for venting appears to not provide sufficient heat release as the two doors are solid with no venting that could help facilitate heat release. COS discussed with manager and the food service director about exploring better ventilation of this units condition and in the mean time, facility will employee the use of Time as a Control since the pasta was put out at 10:30 am product was allowed to remain with stipulation that discard happens no later than 4 hours from start of placement on the line and they will create a written plan to that effect if not employing any other method to keep proper cold holding.Staff given food code directions and director demonstrated his knowledge from Serv Safe education taken. ]

Fail Notes
3-501.18(A)(1)
P – RTE PHF/TCS, Disposition (discard if held more than 7 days) Refrigerated, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) prepared or opened and held in a FOOD ESTABLISHMENT for more than 24 hours shall be discarded if it is held at a temperature of 5°C (41°F) or less for more than 7 days, with the day of preparation counted as Day 1.[The following items were located in the walk in cooler: one container fried chicken dated 9/4/13, one container cooked bow-tie pasta dated 9/4/13,four containers of cooked fish taco mix dated 9/3/13 , 20 pounds of cooked chicken tenders between two containers date 9/4/13, one container of cooked fish fillets date 9/3/13 All items exceeded the 7 day holding time. COS discarded]

Fail Notes
3-501.15(B)
TCS Cooling (Placement) When placed in cooling or cold holding EQUIPMENT, FOOD containers in which FOOD is being cooled shall be: arranged in the EQUIPMENT to provide maximum heat transfer through the container walls; and, loosely covered, or uncovered if protected from overhead contamination, during the cooling period to facilitate heat transfer from the surface of the FOOD.[3-501.15 (B)(2) 1/2 to 3/8 inch thick cooked sliced hams , cut into quarters observed in metal pan with plastic food film fully covering container with no venting of heat. Temperature probed at 122 at placement according to manager at 9:45am into cooler. ( checked later at 1:45 pm and was at 45 ) while within the 6hr limit to get to 41 degree, education was offered to impress other thicker dense foods may not cool as well when wrapped closed. ]

Fail Notes
3-302.12
Food storage containers (Common Name) Except for containers holding FOOD that can be readily and unmistakably recognized such as dry pasta, working containers holding FOOD or FOOD ingredients that are removed from their original packages for use in the FOOD ESTABLISHMENT, such as cooking oils, flour, herbs, potato flakes, salt, spices, and sugar shall be identified with the common name of the FOOD.[cornmeal, oats, bread crumbs in three bins that have no label of food contents on the container.one shaker bottle, identified as Lowry seasoning salt in grill area with no label of food contents. COS manager marked with labels]

Fail Notes
3-304.12(A)
In-use utensil storage (Handles above top of container) Except as specified under 3-304.12(B), during pauses in FOOD preparation or dispensing, FOOD preparation and dispensing UTENSILS shall be stored in the FOOD with their handles above the top of the FOOD and the container.[one tong laying in the container of cold hold cauliflower at the stir fry grill area of the serv line. COS cooked removed and replace tong. ]42. Utensils, equipment and linens: properly stored, dried and handled. þ ¨
Fail Notes
5-402.11
P – Except for floor drains that originate in refrigerated spaces that are constructed as an integral part of the building, a direct connection may not exist between the SEWAGE system and a drain originating from EQUIPMENT in which FOOD is placed.[Observed three sinks on the east wall of the kitchen area with direct plumbing to the sewer line. Manager advised that the two units to the north are not used anymore and are to be removed to make room for more storage. He also stated that the north end one was used for filling some water jugs, but no food washing is done in those two. Food worker stated she does use the one on the south side for short periods of soaking some vegetables. The south one is the one that needs the immediate attention for indirect plumbing. Food director advocated this can be done within a couple of days.]

NOTICE OF NON COMPLIANCE WITH KANSAS LAW
The Kansas Food, Drug and Cosmetic Act, effective July 1, 2012 includes K.S.A. 65-619 et seq. and regulations promulgated pursuant thereto and grants the Kansas Department of Agriculture the authority to regulate food establishments and food processing plants. The Kansas Food, Drug and Cosmetic Act requires that all violations shall be corrected no later than 10 days after this inspection unless otherwise directed on this form. Failure to comply with the food safety law and its regulations may result in embargo of non-compliant products; immediate closure of your establishment; civil penalties of up to $1,000.00 per violation; denial of license renewal, modification, suspension and/or revocation of any license or authority issued pursuant to the food safety law; and/or any other penalty authorized by law.
Pursuant to K.S.A. 65-619 et seq, licensees issued authority under the Kansas Food, Drug and Cosmetic Act may apply to the secretary for an extension of the time prescribed above.

WASHINGTON ELEMENTARY SCHOOL 100 E 13TH ELLIS, KS
Inspection Date: 9/12/2013

Fail Notes
3-302.11(A)(1)(b)
P – FOOD shall be protected from cross contamination by separating raw animal FOODS during storage, preparation, holding, and display from Cooked READY-TO-EAT FOOD.[case of 15 doz raw shell eggs stored directly above container of cookies COS ]

ROOSEVELT ELEMENTARY 2000 MACARTHUR HAYS, KS
Inspection Date: 8/30/2013

No violations
No failure notes

KATHRYN O’LOUGHLIN MCCARTHY ELEMENTARY SCHOOL 1401 HAYS, KS
Inspection Date: 8/30/2013

No violations
No failure notes

THIRSTY’S BREW PUB & GRILL 2704 VINE STE HAYS, KS
Inspection Date: 9/4/2013

No violations
No failure notes

CANCUN MEXICAN GRILL 105 W 2ND ST ELLIS, KS
Inspection Date: 9/12/2013

No violations
No failure notes

ELLIS HIGH SCHOOL 1706 MONROE ELLIS, KS
Inspection Date: 9/12/2013

No violations
No failure notes

8TH STREET LIQUOR 235 W. 8th HAYS, KS
Inspection Date: 9/13/2013

No violations
No failure notes

Terry’s Backyard BBQ 110 W. 11th Hays, KS
Inspection Date: 9/16/2013

No violations
No failure notes

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