Jan 22 2007 10:28 > oat 245 1681 . JAN-22-2087 18:53 DEPT OF AGRICULTURE LEGAL 858 Florida Department of Agriculture & Consumer Services CHARLES H. BRONSON, Commissioner Please Respond to: Division of Food Safety Phone: (850) 245-5520 : 3125 Conner Boulevard Room 281 fax: (850) 245-5554 Tallahassee, Florida 32399-1650 ‘ November 20, 2006 VIA UNITED PARCEL SERVICE — PROOF OF SIGNATURE REQUIRED FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, ; Petitioner, Vv. SOMALY AING, Individually and d/b/a DONUT MAN 1290 6" ST., NW WINTER HAVEN, FL 33881, . Respondent. / eee EF" SUBJECT: Administrative Complaint and Proposed Settlement CASE NUMBER A45607 FIRM NUMBER 02772 Dear SOMALY AING: INVESTIGATIVE RESULTS SE EVALIVE RESULTS An investigation was conducted by the Florida Department of Agriculture and Consumer Services ("Department"). On September 20, October 4, and November 2, 2006, the Department inspected your firm and found the following violations of the F lorida Food Safety Act, Chapter 500, Florida Statutes, Rule Chapter 5K-4, Florida Administrative Code and the 2001 FDA Food Code and Supplement thereto, adopted by reference in Rule 5K-4.002(4), Florida Administrative Code: DATE AREA VIOLATION ; 08/ 20/06 BACKROOM AND — FLOORS/FLOOR MATS OR OTHER FLOOR COVERING ARE NOT CLEAN RELATED AREAS = (SPILLAGE, FLOUR AND GRIME UNDER AND INFRONT OF THE SHELVING), NON-FOOD CONTACT SURFACES OF EQUIPMENT OR UTENSILS ARE NOT FREE OF SOIL, OILY RESIDUE OR ENCRUSTED Foon PARTICLES (FOOD RESIDUE AND RODENT DROPPINGS ON THE SHELVING). "THERE iS EVIDENCE OF THE PRESENCE oF RODENTS (OROPPINGS ON THE TOP SHELVES), 09/ 20/06 BAKERY FOOD CONTACT SURFACE OF UTENSILS/EQUIPMENT IS NOT MAINTAINED IN DEPARTMENT GOOD REPAIR (MANY PIECES OF EQUIPMENT ARE SHOWING SIGNS OF METAL FATIGUE: DONUT DIE CUTTERS ARE RUSTED ANDIOR CRACKED AND NO LONGER USABLE), JAN-22-2087 1a:54 DATE og 20/06 09/ 20406 09/20/06 08/20/06 / AREA BAKERY DEPARTMENT FOOD SERVICE AREA OUTSIDE GROUNDS RESTAURANT - CUSTOMER AREA Jan 22 200? 10:29 ™ 856 245 1681 P.@5/19 DEPT OF AGRICULTURE LEGAL VIOLATION WAREWASHING EQUIPMENT IS NOT MAINTAINED CLEAN AND IN GooD REPAIR (TRASH ON THE SIDE OF THE 3-COMPARTMENT SINK WHILE WASHING DISHES). “WAREWASH, SINKS ARE NOT SET UP AND OPERATED PROPERLY (THE.3- COMPARTMENT SINK I$ SET WITH THE WASHING STEP IN THE MIDDLE SINK AND WITH NO SANITIZING STEP), WASH AND/OR RINSE WATER 1S NOT CLEAN (THE RINSE WATER |S GREY WITH FOOD PARTICLES FLOATING IN IT), * EQUIPMENT OR UTENSILS ARE NOT PROPERLY SANITIZED (ENCRUSTED FOOD RESIDUE ON THE MIXERS: DISHES ARE WASHED WITHOUT A SANITZING STEP), FOOD EMPLOVEE IS NOT EFFECTIVELY RESTRAINING HAIR (EMPLOYEES ARE NOT WEARING HAIR RESTRAINTS), FOOD 18 STORED OR DISPLAYED UNCOVERED AND EXPOSED TO CONTAMINATION (FUDGE AND SUGAR ARE SITTING OUT IN THE OPEN WITH NO LIDS; ITEMS IN THE REACHN COOLERS HAVE NO LIDS), FOOD IS STORED OR DISPLAYED ON THE FLOOR (FUDGE AND EGGS ARE KEEPT ON THE FLOOR), FOOD IS STORED OR DISPLAYED IN A LOCATION SUBJECT TO CONTAMINATION (PRODUCTS ARE STORED ON THE FLOOR UNDER THE HANDWASH SINK), * COLD, POTENTIALLY HAZARDOUS, FOOD NOT HELD AT 44 DEGREES F_OR BELOW (EGGS ARE AT 73 DEGREES F, AND HAVE BEEN OUT OF THE COOLER FOR 2.5 HOURS), RESIOUE ON THE WALLS; DUST ON THE LIGHTS). FLOORS/FLOOR MATS OR OTHER FLOOR COVERING ARE NOT CLEAN (FOOD RESIDUE AND GRIME THROUGHOUT). FLOORS/FLOOR MATS OR OTHER FLOOR COVERING ARE NOT 7 CONSTRUCTED PROPERLY TO BE SMOOTH AND EASILY CLEANABLE (FLOOR TILES ARE CRACKED, CHIPPED AND THE GROUT IS WORN AWAY). * THERE |S EVIDENCE OF THE PRESENCE OF INSECTS AND/OR RODENTS (OBSERVED LIVE ANTS; RODENT DROPPINGS BEHIND THE OVEN). MOP WATER IS LEFT TO STAND IN THE MOP BUCKET AND NOT DISPOSED OF IN AN APPROVED SERVICE SINK OR CANWASH FACILITY, NON-FOOD GONTACT SURFACES OF EQUIPMENT OR UTENSILS ARE NOT FREE OF SOIL, OILY RESIDUE OR ENGRUSTED FOOD PARTICLES (FOOD * COLD, POTENTIALLY HAZARDOUS, FOOD NOT HELD AT 41 DEGREES F. OR BELOW (MILK IS KEPT ON THE COUNTERS AT 68 DEGREES F.). FOOD CONTACT SURFACES OF EQUIPMENT OR UTENSILS ARE NOT FREE OF SOIL, OILY RESIDUE OR ENCRUSTED FOOD PARTIGLES (SODA NOZZLES THERE ARE UNAUTHORIZED PERSONS PRESENT IN AREAS OF THE Foop ESTABLISHMENT WHERE THEY ARE NOT PERMITTED (CUSTOMERS ARE ROUTINELY TRAVELING BEHIND THE COUNTER TO SERVE THEMSELVES, WASH THEIR HANDS AND PAY MONEY FROM BEHIND THE Foop SERVICE COUNTER). * SEWAGE AND/OR WASTEWATER ARE NOT BEING DISPOSED OF IN AN APPROVED SEWERAGE SYSTEM (WATER IS POOLING BEHIND THE BUILDING FROM A LEAKING AIR-CONDITIONING UNIT), WALLS, CEILINGS, ATTACHED EQUIPMENT ARE NOT KEPT CLEAN AND FREE OF ERCess GREASE OR DUST ACCUMULATION (WATER DAMAGED CEILING TILES), JAN-22-2087 1a:54 DATE o9/ 20/08 10/ 04/06 10/04/06 DEPT OF AGRICULTURE LEGAL AREA RESTAURANT - CUSTOMER AREA BACK ROOM AND RELATED AREAS BAKERY DEPARTMENT Jan 22 200? 10:29 858 245 1ae1 P6719 VIOLATION “THERE IS NO ESTABLISHED EMPLOYEE HEALTH POLICY. TOILET ROOMS ARE NOT COMPLETELY ENCLOSED, WITH TIGHT FITTING AND SELF-CLOSING DOORS (RESTROOM DOORS ARE NOT SELE-CLOSING), Pane IS EVIDENCE OF THE PRESENCE OF RODENTS (DROPPINGS IN THE MENS' RESTROOM). FOOD IS STORED OR DISPLAYED UNCOVERED AND EXPOSED To CONTAMINATION (BAGS OF SUGAR ARE NOT CLOSED), WALLS, CEILINGS, ATTACHED EQUIPMENT ARE NOT KEPT CLEAN AND FREE OF EXCESS GREASE OR DUST ACCUMULATION (SAGGING CEILING TILES), LIGHTING FIXTURES ARE NOT SHIELDED (UNSHIELDED LIGHT). FOOD IS STORED OR DISPLAYED ON THE FLOOR (SUGAR STORED ON THE FLOOR). . NON-FOOD CONTACT SURFACE OF UTENSIS/EQUIPMENT IS NOT DESIGNED, INSTALLED OR CONSTRUCTED OF DURABLE, SAFE MATERIALS, CORROSION RESISTANT, NON-ABSORBENT OR SMOOTH AND EASILY CLEANABLE (CO2 TANK iS NOT SECURED), Deere EMPLOYEE OBSERVED AND/OR THERE IS EVIDENCE OF WASHING UTENSILS OR EQUIPMENT IN A HANDWASH SINK (EMPLOYEE WASHING DISHES IN THE HANDWASH SINK). FOOD EMO.OYEE IS NOT EFFECTIVELY RESTRAINING HAIR (EMPLOYEE AND UNAUTHORIZED PERSON HAVE NO HAIR RESTRAINTS - REPEAT VIOLATION), FOOD CONTACT SURFACE OF UTENSILS/EQUIPMENT IS NOT MAINTAINED IN GOOD REPAIR (REACH-IN COOLER IS HOLDING AT 49 DEGREES Fs MANY. PIECES OF EQUIPMENT SHOWING SIGNS OF METAL FATIGUE: ICING STATION TABLE I$ DENTED; BOWL IS CRACKED AND NO LONGER CLEANABLE— REPEAT VIOLATION). FOOD CONTACT SURFACE OF UTENSILS/EQUIPMENT IS NOT DESIGNED, INSTALLED, MADE OF SAFE MATERIALS, CORROSION RESISTANT, NON- ABSORBENT OR SMOOTH AND EASILY CLEANABLE (SUGAR BIN IS NOT MADE NON-FOOD CONTACT SURFACE OF UTENSILS/EQUIPMENT IS NOT MAINTAINED IN GOOD REPAIR (GASKETS ARE TORN AND WORN - REPEAT FOOD IS STORED OR DISPLAYED ON THE FLOOR (PRODUCT ON THE FLOOR NEXT TO THE MIXER - REPEAT VIOLATION), FOOD IS STORED OR DISPLAYED IN A LOCATION SUBJECT TO CONTAMINATION (YEAST IS STORED UNDER THE HANDWASH SINK — REPEAT VIOLATION), FOOD IS STORED OR DISPLAYED UNCOVERED AND EXPOSED TO CONTAMINATION (SWGAR IS STORED UNCOVERED NEXT TO THE MIXER AND IN THE REAGH-IN COOLER = REPEAT VIOLATION). THERMOMETER IN HOT OR COLD STORAGE UNIT IS NOT PROVIDED OR, WHEN PRESENT, IS NOT CONSPICUOUS (NO THERMOMETER IN THE FREEZER). SOILED LINEN IS NOT STORED AWAY FROM FOOD, EQUIPMENT, AND UTENSILS (PURSE STORED ABOVE THE MIXER). 2 OLD, POTENTIALLY HAZARDOUS, FOOD NOT HELD AT 44 DEGREES F. OR BELOW (EGGS ARE HELD INA COOLER AT 49 DEGREES F.- REPEAT VIOLATION}, MAINTENANGE AND CLEANING EQUIPMENT ARE NOT STORED IN A CLEAN AND ORDERLY MANNER (MOP IS NOT HUNG TO DRY). THERE ARE UNAUTHORIZED PERSONS PRESENT IN AREAS OF THE FOOD Be TABLISHMENT WHERE THEY ARE NOT PERMITTED (PERSON VISITING EMPLOYEES IS HANGING AROUND IN THE PROCESSING AREA), WALLS. CEILINGS, ATTACHED EQUIPMENT ARE NOT KEPT CLEAN AND FREE OF EXCESS GREASE OR DUST ACCUMULATION (FLOUR AND OTHER FOOD RESIDUES ON THE WALLS; DUST ON THE LIGHT FIXTURE — REPEAT VIOLATION). / ATTACHED EQUIPMENT IS NOT KEPT IN GOOD REPAIR (MISSING LIGHTS; THE PACE PLATE FOR THE ELECTRICAL OUTLET IS MISSING). WALLS/CEILINGS ARE NOT CONSTRUCTED OF A SMOOTH, NON-ABSORBENT, EASILY CLEANABLE SURFACE AND IN GOOD REPAIR (PAINT IS PEELING FROM THE WALLS). FLOORS/FLOOR MATS OR OTHER FLOOR COVERING ARE NOT CLEAN (FooD RESIDUE AND GREASE THROUGHOUT — REPEAT VIOLATION). Jan 22 200? 10:30 856 245 1681 Paro JAN-22-2087 18:55 DEPT OF AGRICULTURE LEGAL DATE AREA VIOLATION 10/ 04/06 BAKERY FLOORS/FLOOR MATS OR OTHER FLOOR COVERING ARE NOT DEPARTMENT CONSTRUCTED PROPERLY TO BE SMOOTH AND EASILY GLEANABLE (THE FLOOR TILES ARE CRACKED AND CHIPPED — REPEAT VIOLATION), . ROORS THAT OPEN TO THE OUTSIDE ARE NOT SELF-CLOSING OR TIGHT FITTING (GAPS AROUND THE BACK DOOR). . HAND CLEANSER OR HAND DRYING DEVICE 1S NOT PROVIDED (NO SOAP AT THE HANDWASH SINK). THERE ARE NO SIGNS POSTED INSTRUCTING EMPLOYEES TO WASH HANDS WHERE REQUIRED, WAREWASH SINKS ARE NOT SET UP AND OPERATED PROPERLY (THE 3 COMPARTMENT SINK 1S NOT SET UP WITHA SANITIZING STEP ~ REPEay VIOLATION), * THE CONCENTRATION OF THE CHEMICAL SANITIZING AGENT BEING USED 1S NOT ADEQUATE (CHLORINE SANITIZER BUCKET IS OVER 200 PPM). * EQUIPMENT OR UTENSILS ARE NOT PROPERLY SANITIZED (DISHES WASHED IN THE HANOWASH SINK ARE NOT PROPERLY CLEANED: DISHES IN THE 3-COMPARTMENT SINK ARE WASHED WITHOUT A SANITIZING STEP — REPEAT VIOLATION), FOOD CONTACT SURFACES OF EQUIPMENT OR UTENSILS ARE NOT FREE OF SOIL, OILY RESIDUE OR ENCRUSTED FOOD PARTICLES (GREASE BUILD-UP ON THE INSIDE OF THE PROOFER AND THE OVEN — REPEAT VIOLATION). NON-FOOD CONTACT SURFACES OF EQUIPMENT OR UTENSILS ARE NOT FREE OF SOIL, OILY RESIDUE OR ENCRUSTED FOOD PARTICLES (FOOD RESIDUE ON THE OUTSIDE OF SEVERAL CONTAINERS; MOLD ON THE FACE PLATE OF THE REACH-IN COOLER — REPEAT VIOLATION), CLEANED AND SANITIZED EQUIPMENT IS NOT BEING STORED AT LEAST & INCHES OFF THE FLOOR AND PROTECTED FROM SPLASH OR CONTAMINATION (DISHES ARE STORED IN THE 3-COMPARTMENT SINK WHILE DISHES ARE BEING CLEANED IN THE NEXT SINK AND SANITIZER |S BEING MADE AS WELL - REPEAT VIOLATION), 10/ 04/06 FOOD SERVICE FOOD EMPLOYEE |S NOT EFFECTIVELY RESTRAINING HAIR (EMPLOYEE HAS AREA NO HAIR RESTAINT ~ REPEAT VIOLATION). * HANDWASH SINK |S NOT ACCESSIBLE (SCRUB PAD IN THE HANDWASH SINK), SOILED LINEN IS NOT STORED AWAY FROM FOOD, EQUIPMENT, AND UTENSILS (PURSE IS STORED ON THE BOXES FOR DONUTS). FOOD CONTACT SURFACE OF UT ENSILS/EQUIPMENT 1S NOT MAINTAINED IN GOOD REPAIR (THE GASKET ON THE COOLER 1S TORN), * SEWAGE AND/OR WASTEWATER ARE NOT BEING DISPOSED OF IN AN APPROVED SEWERAGE SYSTEM (THE DRAIN LINE FOR THE SODA MACHINE (5 DRAINING INTO THE HANDWASH SINK — REPEAT VIOLATION), SINGLE SERVICE AND SINGLE USE ARTICLES ARE NOT STORED OFF THE FLOOR, WRAPPED, COVERED OR IN CLOSED CONT, AINERS TO PROTECT THEM FROM CONTAMINATION (PURSE STORED ON SINGLE SERVICE BOXES). * GOLD, POTENTIALLY HAZARDOUS, FOOD NOT HELD AT 41 DEGREES F. oR BELOW (MILK IS KEPT ON THE COUNTER AT 70 DEGREES F. » REPEAT VIOLATION). 10/ 04/06 OUTSIDE * BACKFLOW PREVENTION DEVICE 18 NOT INSTALLED AT FIXTURE OR GROUNDS EQUIPMENT WHERE BACK SIPHONAGE GAN OCGUR (MISSING A BACKFLOW : DEVICE ON THE HOSE FAUCET — REPEAT VIOLATION), * SEWAGE AND/OR WASTEWATER ARE NOT BEING DISPOSED OF IN AN APPROVED SEWERAGE SYSTEM (WASTEWATER FROM THE LEAKING AIR- CONDITIONING UNIT IS NOT DRAINING INTO THE CURB WASH - REPEAT VIOLATION). ATTACHED EQUIPMENT IS NOT KEPT IN GOOD REPAIR (HOLE IN THE BUILDING; RAIN GUTTER IS RUSTED; THE AIR-CONDITIONING UNIT [S$ LEAKING) - ‘ PLUMBING IS NOT MAINTAINED IN GOOD REPAIR (THE DRAIN FOR THE CURB WASH IS NOT DRAINING).. 10/ 04/06 RESTAURANT - * COLD, POTENTIALLY HAZARDOUS, FOOD NOT HELD AT 41 DEGREES F, OR CUSTOMER AREA = BELOW (MILI AND ORANGE JUICE IN THE REACH-IN COOLER I$ HELD AT 51 DEGREES F.). " THERE IS NO ESTABLISHED EMPLOYEE HEALTH POLICY. FOOD CONTACT SURFACE OF UTENSILS/EQUIPMENT IS NOT MAINTAINED IN GOOD REPAIR (THE REACH-IN COOLER IS KEEPING PRODUCTS AT 81 DEGRESS F., YET THE COOLER READS 49 DEGREES F.), TOILET ROOMS ARE NOT COMPLETELY ENCLOSED, WITH TIGHT FITTING AND SELF-CLOSING DOORS (MENS’ RESTROOM DOOR [S NOT SELF-CLOSING — REPEAT VIOLATION). ‘ JAN-22-2087 18:55 11/02/06 11/02/06 DEPT OF AGRICULTURE LEGAL AREA RESTAURANT — CUSTOMER AREA BACK ROOM AND RELATED AREAS BAKERY DEPARTMENT Jan 22 200? 10:30 VIOLATION THERE |S NO COVING PROVIDED WHERE FLOORS REQUIRE WATER FLUSHING OR CLEANING BY PRESSURE SPRAY METHODS (THE MOP BOARD IN THE RESTROOM IS PEELING FROM THE WALL ~ REPEAT VIOLATION). “THERE ARE TOXIC (TEMS PRESENT THATARE NOT NEEDED TO OPERATE. OR MAINTAIN THE ESTABLISHMENT (MOTOR OIL IN THE STORAGE CLOSET). THE FOOD ESTABLISHMENT PERMIT IS NOT CONSPICUOUSLY DISPLAYED. THE CERTIFIED FOOD MANAGER IS NOT ON THE PREMISES. NON-FOOD CONTACT SURFACE OF UTENSILS/EQUIPMENT !8 NOT DESIGNED, INSTALLED OR CONSTRUCTED OF DURABLE, SAFE MATERIALS, CORROSION RESISTANT, NON-ABSORBENT OR SMOOTH AND EASILY CLEANABLE (CO2 TANKS ARE NOT SECURED-REPEATVIOLATION). SINGLE SERVICE AND SINGLE USE ARTICLES ARE NOT STORED OFF THE FLOOR, WRAPPED, COVERED OR IN CLOSED CONTAINERS TO PROTECT THEM FROM CONTAMINATION (SINGLE SERVICE ITEMS ARE STORED ON THE FLOOR - REPEAT VIOLATION). LIGHTING FIXTURES ARE NOT SHIELDED - REPEAT VIOLATION, FOOD IS STORED OR DISPLAYED ON THE FLOOR (GREASE IS STORED ON ‘THE FLOOR = REPEAT VIOLATION). FOOD IS STORED OR DISPLAYED UNCOVERED AND EXPOSED TO CONTAMINATION (GREASE AND SUGAR ARE KEPT UNCOVERED — REPEAT VIOLATION). FOOD WAS REMOVED FROM AN ORIGINAL CONTAINER AND I$ NOT EASILY IDENTIFIABLE (THE FLOUR BINS ARE NOT LABELED — REPEAT VIOLATION), WIPING CLOTH IS NOT STORED IN A SANITIZING SOLUTION BETWEEN USES WIPING CLOTH STORED ON THE SIDE OF THE MIXER 3-COMPARTMENT ; SINK), MAINTENANCE AND CLEANING RQUIPMENT ARE NOT STORED IN A CLEAN AND ORDERLY MANNER (DUST PAN STORED ON TOP OF THE FLOUR BINS — REPEAT VIOLATION), ATTACHED EQUIPMENT IS NOT KEPT IN GOOD REPAIR (MISSING LIGHTS; HOLE AROUND THE ELECTRICAL OUTLET — REPEAT VIOLATION). WALLS/CEILINGS ARE NOY CONSTRUGTED OF A SMOOTH, NON-ABSORBENT, FASILY CLEANABLE SURFACE AND IN GOOD REPAIR (THE PAINT IS PEELING AND NO LONGER SMOOTH — REPEAT VIOLATION), WALLS, CEILINGS, ATTACHED EQUIPMENT ARE NOT KEPT CLEAN AND FREE OF EXGESS GREASE OR DUST ACCUMULATION (DUST ON THE CEILING; SMALL AMOUNTS OF FOOD RESIDUE AROUND THE WOODEN PREPARATION TABLE — REPEAT VIOLATION). FLOORS/FLOOR MATS OR OTHER FLOOR COVERING ARE NOT CONSTRUCTED PROPERLY TO BE SMOOTH AND EASILY CLEANABLE (FLOOR TILES ARE CRACKED, CHIPPED AND MISSING - REPEAT VIOLATION), DOORS THAT OPEN TO THE OLITSIDE ARE NOT SELF-CLOSING OR TIGHT FITTING (GAP AROUND THE BACK DOOR — REPEAT VIOLATION), * THERE IS EVIDENCE OF THE PRESENCE OF INSECTS (LIVE ANTS AROUND THE MIGROWAVE). THERE ARE NO SIGNS POSTED INSTRUCTING EMPLOYEES TO WASH HANDS WHERE REQUIRED — REPEAT VIOLATION. NON-FOOD CONTACT SURFACES OF EQUIPMENT OR UTENSILS ARE NOT PREE OF SOIL, OILY RESIDUE OR ENCRUSTED FOOD PARTICLES (FOOD RESIOUE ON THE OUTSIDE OF SEVERAL CONTAINERS — REPEAT VIOLATION). WIPING CLOTH IS NOT BEING MAINTAINED GLEAN AND RINSED FREQUENTLY IN AN APPROVED SANITIZING SOLUTION (WIFING CLOTH IS SOILED AND STAINED). NON-FOOD CONTACT SURFACE OF UTENSILS/EQUIPMENT IS NOT DESIGNED, INSTALLED OR CONSTRUCTED OF DURABLE, SAFE MATERIALS, CORROSION RESISTANT, NON-ABSORBENT OR SMOOTH AND EASILY CLEANABLE (CART 1S UNSEALED WOOD; PIECES OF WOOD FROM CART ARE ON THE CARPET), FOOD CONTACT SURFACE OF UTENSILS/EQUIPMENT IS NOT DESIGNED, INSTALLED, MADE OF SAFE MATERIALS, CORROSION RESISTANT, NON- ABSORBENT OR SMOOTH AND EASILY CLEANABLE (SEVERAL FOOD CONTAINER ARE NOT MADE OF FOOD GRADE MATERIAL — REPEAT VIOLATION), FOOD CONTACT SURFACE OF UTENSILS/EQUIPMENT IS NOT MAINTAINED IN GOOD REPAIR (MANY PIECES OF EQUIPMENT ARE SHOWING SIGNS DE METAL FATIGUE ~ REPEAT VIOLATION). FOOD EMPLOYEE I$ NOT EFFECTIVELY RESTRAINING HAIR (HAIR RESTRAINTS EMPLOYEES ARE USING ARE NOT EFFECTIVE _ REPEAT VIOLATION). 856 245 1681 P.@6719 Jan 22 200? 10:31 856 245 1681 P9719 JAN-22-2087 18:56 DEPT OF AGRICULTURE LEGAL , DATE AREA VIOLATION 11/02/06 FOOD SERVICE THERE ARE UNAUTHORIZED PERSONS PRESENT IN AREAS OF THE FOOD AREA ESTAGLISHMENT WHERE THEY ARE NOT PERMITTED (CUSTOMERS WALK- ING BEHIND THE COUNTER — REPEAT VIOLATION). * FOOD EMPLOYEE OBSERVED AND/OR THERE IS EVIOENGE OF PREPARING FOOD IN A HANDWASH SINK (EMPLOYEE WASHED PITCHER IN THE HAND- WASH SINK). FOOD CONTACT SURFACES OF EQUIPMENT OR UTENSILS ARE NOT FREE OF SOIL, OILY RESIDUE OR ENCRUSTED FOOD PARTIGLES (FOOD RESIDUE IN THE CAPPUCCINO MAKER). FOOD EMPLOYEE I$ NOT EFFECTIVELY RESTRAINING HAIR (THE HAIR RESTAINT THE EMPLOYEE IS WEARING I$ NOT EFFECTIVE - REPEAT VIOLATION). * COLD, POTENTIALLY HAZARDOUS, FOOD NOT HELD AT 41 DEGREES F.OR BELOW (MILK IS STORED ON THE COUNTER AT TEMPERATURES RANGING FROM 50-59 DEGREES F. REPEAT VIOLATION). FOOD CONTACT SURFACE OF UTENSILS/EQUIPMENT IS NOT MAINTAINED IN GOOD REPAIR (THE GASKETS FOR THE COOLER ARE TORN - REPEAT VIOLATION), ” SEWAGE AND/OR WASTEWATER ARE NOT BEING DISPOSED OF IN AN APPROVED SEWERAGE SYSTEM (THE DRAIN LINE FOR THE SODA FOUNTAIN 18 DRAINING ONTO THE FLOOR UNDER THE COUNTER ~ REPEAT VIOLATION). * EQUIPMENT OR UTENSILS ARE NOT PROPERLY SANITIZED (PITCHER . WASHED IN THE HANDWASH SINK WAS NOT SANITIZED), WIPING CLOTH IS NOT STORED IN A SANITIZING SOLUTION BETWEEN USES (WIPING GLOTH STORED ON THE COUNTER). 11/02/06 OUTSIDE WALLS, CEILINGS, ATTACHED EQUIPMENT ARE NOT KEPT CLEAN AND FREE GROUNDS OF EXCESS GREASE OR DUST ACCUMULATION (HOLE IN THE SIDE OF THE BUILDING - REPEAT VIOLATION). 14/02/08 RESTAURANT - COVERED TRASH RECEPTACLE I$ NOT PROVIDED IN TOILET ROOM USED BY CUSTOMER AREA WOMEN, * THERE |S NO ESTABLISHED EMPLOYEE HEALTH POLICY. FOOD CONTACT SURFACE OF UTENSILS/EQUIPMENT IS NOT MAINTAINED IN GOOD REPAIR (THE REAGH-IN COOLER |$ HOLDING PRODUCTS OUT OF TEMPERATURE - REPEAT VIOLATION), * COLD, POTENTIALLY HAZARDOUS, FOOD NOT HELD AT 44 DEGREES F, OR BELOW (MILK AND ORANGE JUICE ARE HELD AT 46 DEGREES F, - REPEAT VIOLATION). THE FOOD ESTABLISHMENT PERMIT !S NOT CONSPICUQUSLY DISPLAYED — REPEAT VIOLATION. * Denotes Critical Deficiency. SETTLEMENT At this time, the Department is willing to offer a settlement as stated on the enclosed Settlement Agreement. If you agree to the terms as stated on the Settlement Agreement, please sign the Settlement Agreement and return it with all items required for settlement in the enclosed envelopé within twenty-one (21) days of your receipt of this Administrative Complaint. Acceptance of this settlement and the timely return of the settlement documents to the Department will conclude this matter. The agency clerk will record the documents and you will receive notice that this matter has been concluded. ADMINISTRATIVE HEARING AVAILABLE If you wish to contest the Department’s findings, you have the right to request an administrative hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to bé represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf if a hearing is requested. Please refer to the enclosed Notice of Rights and JAN-22-2087 18:56 Jan 22 200? 10:31 DEPT OF AGRICULTURE LEGAL 856 245 1681 P.18/19 Hearing Request Form which describes the procedures to request an administrative hearing. If you wish to request a hearing, please completely fill out the enclosed Notice of Rights and Hearing Request Form and return it the return address shown on the form. Mediation pursuant to Section 120.573, Fla. Stat., is notavailable. Ifyou request a hearing, this offer.of settlement is cc: withdrawn and you may receive a more severe penalty. DEADLINE TO REQUEST ADMINISTRATIVE HEARING Your request for a hearing must be received within twenty-one (21) days of receipt of this letter, FAILURE TQ SETTLE OR REQUEST AN ADMINISTRATIVE HEARING If you fail to remit payment or fail to request an administrative hearing within the twenty one (21) day deadline, you waive your right to a hearing and the Department may enter a Final Order imposing the maximum penalties as authorized by Florida Law, including prominently posting a CLOSED FOR OPERATION sign, like the one enclosed. EURTHER INFORMATION If you wish to discuss this matter or have any questions, please contact Mr. Terry Eubanks, Compliance Administrator, Division of Food Safety, at (850) 245-5520. Sincerely, CHARLES H. BRONSON COMMISSIONER OF AGRICULTURE hu T. Fruin, D.V.M., Ph.D, Chief, Bureau of Food and Meat Inspection Compliance Administrator Jan 22 200? 10:31 DEPT OF AGRICULTURE LEGAL 856 245 1681 P.1i/19 i JAN-22-2087 18:56 Florida Department of Agriculture and Consumer Services ADMINISTRATIVE COMPLAINT AND SETTLEMENT AGREEMENT PAYMENT FORM Make check payable to and remit to: CHARLES H. BRONSON COMMISSIONER, Florida Department of Agriculture and Consumer Services Fost Office Box 6720 Tallahasseo, FL 32314-6720 November 20, 2006 SOMALY AING, Individually and Firm No.: 02772 d/b/a DONUT MAN 1290 6" ST. NW Case No.: A45607 WINTER HAVEN, FL 33881 Atin: SOMALY AING I hereby agree to settle this violation stated in the Administrative Complaint and Propoged Settlement dated November 20, 2006 as follows: 1. Payment of the sum of $5,000.00 by certified check or money order, payable to the "Department of Agriculture and Consumer Services”. 2. Submitting the original signed Settlement Agreement with your payment, I further agree that if I fail to comply with the terms of this settlement the Department will enter a Final Order imposing the maximum penalties authorized by Florida Jaw, and may seek additional remedies in court. Name (please print) Legal Name of Business Signature Date Date Telephone Number ATTACH ALL ITEMS REQUIRED FOR SETTLEMENT Org, Code: 42140302002 EO: A? Object Code: 012052 DACS01270 10/01

Docket for Case No: 07-000419