ORDER OF AN EXECUTIVE OFFICER NOTICE OF CLOSURE

Transcription

1 Environmental Public Health ORDER OF AN EXECUTIVE OFFICER NOTICE OF CLOSURE To: RE: Alberta Ltd. Yan Guang Liang Qi Wen Zheng the Owner The food establishment located in Red Deer, Alberta and municipally described as: Phoenix Buffet, Avenue. WHEREAS I, an Executive Officer of Alberta Health Services, have inspected the above noted premises pursuant to the provisions of the Public Health Act, RSA 2000, c. P-37, as amended; AND WHEREAS such inspection disclosed that the following conditions exist in and about the above noted premises which are or may become injurious or dangerous to the public health or which might hinder in any manner the prevention or suppression of disease, namely: a. Unsafe thawing of high-risk foods in stagnant water; b. Unsafe storage of high-risk foods between 4 C and 60 C; c. Unsafe food storage practices, including raw meat stored above produce, uncovered or inadequately covered food storage containers, containers with visible contamination in the food product, stacking of open containers, containers stored in the mechanical room, and containers stored on the floor; d. Use of unsuitable food storage containers, including non-food grade containers and/or containers that are not meant for reuse, cracked/broken containers, and visibly dirty containers; e. Use of unsuitable and visibly dirty items as dry food scoops, including dirty cups and bowls without handles; f. Inadequate sanitizing of surfaces, including a visibly dirty sanitizing solution, and wiping cloths not being stored in sanitizing solution; g. Poor food handler hygiene, including improper and infrequent hand washing, storage of aprons in the staff bathroom, and washing aprons in the hand washing sink; h. Food handling staff were not demonstrating safe food handling practices or an understanding of basic food safety knowledge. AND WHEREAS such inspection disclosed that the following breaches of the Public Health Act and the Food Regulation, Alberta Regulation 31/2006 and the Food Retail and Foodservices Code exist in and about the above noted premises, namely: a. Unsafe thawing of high-risk foods in stagnant water. This is a contravention of section 24 of the Food Regulation AR 31/2006 which states: All food handling in a commercial food establishment must be done in a manner that makes the food safe to eat. b. Unsafe storage of high-risk foods between 4 C and 60 C. This is a contravention of section 25 of the Food Regulation AR 31/2006 which states: All high-risk food must be stored,

2 Page 2 of 5 displayed and transported at a temperature of (a) not more than 4 C or such higher temperature, or (b) not less than 60 C or such lower temperature as an executive officer stipulates under subsection (4). c. Unsafe food storage practices, including raw meat stored above produce, uncovered or inadequately covered food storage containers, containers with visible contamination in the food product, stacking of open containers, containers stored in the mechanical room, and containers stored on the floor. This is a contravention of section 23(1) of the Food Regulation AR 31/2006 which states: All food used or to be used in a commercial food establishment must be (a) protected from contamination, and (b) handled in a sanitary manner. d. Use of unsuitable food storage containers, including non-food grade containers and/or containers that are not meant for reuse, cracked/broken containers, and visibly dirty containers. This is a contravention of section 18(a) of the Food Regulation AR 31/2006 which states: An operator must ensure that all equipment and utensils used in the commercial food establishment and all surfaces in it with which food comes into contact are entirely constructed or manufactured from materials that are suitable for their intended purpose, durable, easily cleanable and free from any undesirable substance. e. Use of unsuitable and visibly dirty items as dry food scoops, including dirty cups and bowls without handles. This is a contravention of section 18(a) of the Food Regulation AR 31/2006 which states: An operator must ensure that all equipment and utensils used in the commercial food establishment and all surfaces in it with which food comes into contact are entirely constructed or manufactured from materials that are suitable for their intended purpose, durable, easily cleanable and free from any undesirable substance. f. Inadequate sanitizing of surfaces including a visibly dirty sanitizing solution, and wiping cloths not being stored in sanitizing solution. This is a contravention of section 28(2) of the Food Regulation AR 31/2006 which states: A commercial food establishment, all equipment and utensils in it and all surfaces in it with which food comes into contact must be maintained in a sanitary condition and, without limiting the foregoing, must be washed and sanitized in a manner that removes contamination. g. Inappropriate storage of dishes, including dishes stored on the floor in the mechanical room and dishes stored on visibly dirty shelves. This is a contravention of section 28(2) of the Food Regulation AR 31/2006 which states: A commercial food establishment, all equipment and utensils in it and all surfaces in it with which food comes into contact must be maintained in a sanitary condition and, without limiting the foregoing, must be washed and sanitized in a manner that removes contamination. h. Poor sanitation throughout the entire facility, including floors, walls, ceilings, high touch surfaces, hard to reach areas, various food equipment and non-food equipment. This is a contravention of section 28(2) of the Food Regulation AR 31/2006 which states: A commercial food establishment, all equipment and utensils in it and all surfaces in it with which food comes into contact must be maintained in a sanitary condition and, without limiting the foregoing, must be washed and sanitized in a manner that removes contamination. i. Written sanitation procedures were not available upon request. This is a contravention of section 29(1) of the Food Regulation AR 31/2006 which states: A commercial food establishment must have written procedures designed to ensure its safe and sanitary operation and maintenance. j. Poor food handler hygiene, including improper and infrequent hand washing, storage of aprons in the staff bathroom, and washing aprons in the hand washing sink. This is a contravention of section 30(1) of the Food Regulation AR 31/2006 which states: A food handler must: (a) wear clean clothing and footwear, (b) exhibit cleanliness and good

3 Page 3 of 5 personal hygiene, (c) ensure that food is not contaminated by hair, (d) wash hands as often as necessary to prevent the contamination of food or food areas, (e) refrain from smoking in a food area, and (f) refrain from any other conduct that could result in the contamination of food or a food area. k. Food handling staff were not demonstrating safe food handling practices or an understanding of basic food safety knowledge. This is a contravention of section 24 of the Food Regulation AR 31/2006 which states: All food handling in a commercial food establishment must be done in a manner that makes the food safe to eat., and of section of the Food Retail and Foodservices Code which states: Every operator of a food establishment must ensure that food handlers have the necessary knowledge and skills to enable them to handle food hygienically. l. Wooden chopping blocks and deep freezers were in disrepair, the back preparation sink faucet was leaking, and two light bulbs were not operational. This is a contravention of section 28(3) of the Food Regulation AR 31/2006 which states: All equipment and utensils in a commercial food establishment must be (a) kept in good working order and condition, and (b) maintained in a manner that ensures the safe and sanitary handling of food. m. There were large gaps under the back door and flies were observed in the kitchen. This is a contravention of section 21(1) of the Food Regulation AR 31/2006 which states: The commercial food establishment and any surrounding area, premises or facilities supporting the commercial food establishment must be kept free of pests and of conditions that lead to the harbouring or breeding of pests. n. Areas of the walls were in disrepair. This is a contravention of section 17(1)(a) of the Food Regulation AR 31/2006 which states: An operator must ensure that, before operation of the commercial food establishment commences, the commercial food establishment is of sound construction and in a good state of repair., and of section 2.3(a) of the Food Retail and Foodservices Code which states: Walls and ceilings in food preparation, processing and storage areas should be: i) constructed of finishes such as tile, plaster, sealed brick, stainless steel, or other equivalent materials, which are impervious, washable, durable and light coloured; ii) kept in good repair; iii) kept in a clean and sanitary manner; iv) free from flaking materials; and v) free of pitting and cracks. AND WHEREAS, by virtue of the foregoing, the above noted premises are hereby declared to be Closed. NOW THEREFORE, I hereby ORDER and DIRECT: 1. That the Owner immediately close the above noted premises. 2. That the Owner immediately undertake and diligently pursue the completion of the following work in and about the above noted premises, namely: a. Ensure that all frozen high-risk foods are thawed so as to maintain a temperature of 4 C or less at all times; b. Ensure that all high-risk foods are stored at a temperature of 4 C or below or at 60 C or above, unless undergoing immediate preparation; c. Ensure that all foods are adequately protected from contamination while in storage. This includes but is not limited to: adequately separating raw meat from other foods, storing foods at least 6 inches off the floor, and refraining from storing foods in incompatible spaces such as the mechanical room;

4 Page 4 of 5 d. Ensure that food storage containers are: constructed from food-grade materials, suitable for their intended purpose, durable, in good repair, equipped with tight fitting lids or covers, easily cleanable and free from any undesirable substance; e. Ensure that food storage containers are maintained in a clean and sanitary manner and are washed and sanitized in a manner that removes contamination; f. Ensure that appropriate food scoops with handles are used, that the handles do not contact the food products, and that they are maintained in a clean and sanitary manner; g. Ensure that sanitizing solutions are properly prepared, tested, and changed at adequate intervals to maintain cleanliness as well as the appropriate concentration of sanitizer; h. Ensure that wiping cloths are routinely cleaned and are stored in an approved sanitizing solution when not in use; i. Ensure that clean dishes and equipment are stored in a sanitary manner and in a location that prevents contamination; j. Ensure that the food establishment and all equipment within it, is maintained in a clean and sanitary manner. This includes but is not limited to: floors, walls, ceilings, high touch surfaces and hard to reach areas; k. Ensure that written sanitation procedures are developed, implemented and followed by staff. The procedures must include: the cleaning and sanitizing requirements for the establishment and for all equipment and utensils that are not normally washed in a dishwasher, as well as a list of all cleaning and sanitizing agents used in the facility including their concentration and uses; l. Ensure that food handlers exhibit good personal hygiene, including regular, proper laundering of aprons and refraining from wearing or storing aprons in the bathroom; m. Ensure that food handlers practice frequent, proper hand washing as often as necessary to prevent the contamination of food or food areas, and use utensils such as tongs as much as practically possible; n. Ensure that all food handling staff complete a basic food safety training course, and submit their certificate of completion; o. Ensure that a detailed, written food safety plan is developed and submitted outlining the standards, monitoring, corrective actions and verification procedures and/or policies for temperature control of high-risk foods from purchase to service, personal hygiene, food storage, and pest control; p. Repair or replace any equipment that is no longer in good repair and operation, including the wooden chopping blocks, deep freezers, preparation sink faucet, and light bulbs; q. Ensure that the establishment is constructed in a manner to prevent the possible entry of pests, including sealing the gaps under the back door; and r. Ensure that the establishment is of sound construction and in a state of good repair, including repairing or replacing any damaged areas of the walls. 3. That until such time as the work referred to above is completed to the satisfaction of an Executive Officer of Alberta Health Services; the above noted premises shall remain closed. The above conditions were noted at the time of inspection and may not necessarily reflect all deficiencies. You are advised that further work may be required to ensure full compliance with the Public Health Act and regulations, or to prevent a public health nuisance.

5 Page 5 of 5 DATED at Red Deer, Alberta, September 26, 2018 Confirmation of a verbal order issued to Yan Guang Liang and Qi Wen Zheng on September 24, (Original signed) Amber Keus, CPHI(C) Executive Officer Alberta Health Services You have the right to appeal A person who a) is directly affected by a decision of a Regional Health Authority, and b) feels himself aggrieved by the decision may appeal the decision by submitting a Notice of Appeal form within ten (10) days after receiving the order to: Public Health Appeal Board c/o Central Reception Main Floor, ATB Place North Tower Jasper Avenue NW Edmonton, Alberta, T5J 1S6 Phone: Fax: HealthAppealBoard@gov.ab.ca Website: A Notice of Appeal form may be obtained by contacting Alberta Health Services at or by contacting the Public Health Appeal Board. Health Legislation, Regulations and Standards Electronic versions of the Public Health Act and Regulations are available at the Alberta Queen's Printer Bookstore Avenue, Main Floor, Park Plaza, Edmonton, Alberta, T5K 2P7 or Health Legislation and regulations are available for purchase. Please contact Alberta Queen's Printer Bookstore Avenue, Main Floor, Park Plaza, Edmonton, Alberta, T5K 2P7 or Copies of standards are available by contacting the Health Protection Branch of Alberta Health at or by visiting: Template revised May 8, 2018 Red Deer Johnstone Crossing Community Health Centre Environmental Public Health 300 Jordan Parkway, Red Deer, Alberta, Canada T4P 0G8