Jan 23 2007 14:53 JAN-23-2887 15:23 DEPT OF AGRICULTURE LEGAL CHARLES H. BRONSON, Commissioner Please Respond to: | Division of Food Safety... 3125 Conner Boulevard Room 281 Tallahassee, Florida 32399-1650 December 26, 2006 VIA UNITED PARCEL SERVICE - PROOF OF SIGNATURE REQUIRED FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Petitioner, y. SOMALY AING, Individually and d/b/a DONUT MAN 1290 6TH ST NW WINTER HAVEN, FL 33881, Respondent. / SUBJECT: Administrative Complaint and Proposed Settlement CASE NUMBER A46247 FIRM NUMBER 02772 Dear SOMALY AING: INVESTIGATIVE RESULTS 856 245 1681 P.@4-13 Florida Department of Agriculture & Consumer Services fax: (850) 245-5554 _ Aninvestigation was conducted by the Florida Department of Agriculture and Consumer Services ("Department"). On November 27, and December 6, 2006, the Department inspected your firm and found the following violations of the Florida 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 SK~4.002(4), Florida Administrative Code: DATE AREA VIOLATION 1172706 BACK ROOM AND NON-FOOD CONTACT SURFACES OF EQUIPMENT OR UTENSILS ARE NOT RELATED AREAS FREE OF SOIL, OILY RESIDUE OR ENCRUSTED FOOD PARTICLES (FOOD RESIDUE ON THE SHELVING). FLOORS/FLOOR MATS OR OTHER FLOOR COVERING ARE NOT GLEAN (FOOD RESIDUE ON THE FLOOR). FOOD |5 STORED OR DISPLAYED UNCOVERED AND EXPOSED TO CONTAMINATION (UNCOVERED FROSTING BUCKETS). 11 27/06 BAKERY * COLO, POTENTIALLY HAZARDOUS, FOOD NOT HELD AT 41 DEGREES F. OR DEPARTMENT BELOW (RAW EGGS ARE HELD AT AN AMBIENT TEMPERATURE OF 45 DEGREES F. AFTER THE REACH-IN COOLER WAS GLOSED - REPEAT VIOLATION), Jan 23 2007 14:53 JAN-23-2087 15:25 DEPT OF AGRICULTURE LEGAL 856 245 1681 P.@5/13 a ' ( . ( DATE AREA VIOLATION 147 27/06 BAKERY * BACKFLOW PREVENTION DEVICE IS NOT INSTALLED AT FIXTURE OR DEPARTMENT EQUIPMENT WHERE BACK SIPHONAGE CAN OCCUR (THE SPRAY NOZZLE FOR THE 3-COMPARTMENT SINK IS BELOW THE FILL LINE). vie . _ ,...£O0D 18 STORED OR DISPLAYED ON TI )R (GREASE STORED.ON THE. ~~ FLOOR - REPEAT VIOLATION). * THERE 1S EVIDENCE OF THE PRESENCE OF INSECTS (LIVE ANTS ON THE SHELVING — REPEAT VIOLATION). FLOORS/FLOOR MATS OR OTHER FLOOR COVERING ARE NOT GLEAN (FOOD RESIDUE ON THE FLOOR — REPEAT VIOLATION). DOORS THAT OPEN TO THE OUTSIDE ARE NOT SELF-CLOSING OR TIGHT FITTING (GAP AROUND THE BACK DOOR — REPEAT VIOLATION). WALLS/CEILINGS ARE NOT CONSTRUCTED OF A SMOOTH, NON-ABSORBENT, EASILY CLEANABLE SURFACE AND IN GOOD REPAIR (THE PAINT I$ PEELING AND NO LONGER SMOOTH = REPEAT VIOLATION). WIPING CLOTH IS NOT BEING MAINTAINED CLEAN AND RINSED FREQUENTLY IN AN APPROVED SANITIZING SOLUTION (WIPING CLOTH USED TO WIPE COUNTERS IS NOT CLEAN AND RINSED). MAINTENANCE AND CLEANING EQUIPMENT ARE NOT STORED IN A CLEAN AND ORDERLY MANNER (MOP NOT HUNG TO DRY — REPEAT VIOLATION), FOOD GONTACT SURFACE OF UTENSILS/EQUIPMENT IS NOT MAINTAINED IN GOOD REPAIR (MANY PIECES OF EQUIPMENT ARE SHOWING SIGNS OF METAL FATIGUE = REPEAT VIOLATION; REACH-IN COOLER IS HOLDING TEMPERATURE AT 45 DEGREES F.). FOOD |S STORED OR DISPLAYED UNCOVERED AND EXPOSED TO CONTAMINATION (DONUTS IN THE REAGH-IN GOOLER ARE NOT COVERED; DONUTS ON THE RACKS ARE NOT COVERED — REPEAT VIOLATION). " FOOD EMPLOYEE |S NOT EFFECTIVELY RESTRAINING HAIR (EMPLOYEE NOT WEARING A HAIR RESTAINT). . FOOD IS NOT PROTECTED FROM CONTAMINATION DURING PREPARATION (EGGS ARE PLACED IN THE REACH-IN COOLER AND THE DOOR IS NOT ABLE TO CLOSE, CAUSING THE COOLER TO BE OUT-OF-TEMPERATURE). 11 27106 FOOD SERVICE * SEWAGE AND/OR WASTEWATER ARE NOT BEING DISPOSED OF IN AN ' AREA APPROVED SEWERAGE SYSTEM (DRAINLINE IS DRAINING ONTO THE FLOOR — REPEAT VIOLATION). * COLD, POTENTIALLY HAZARDOUS, FOOD NOT HELD AT 41 DEGREES F. OR BELOW (MILK ON THE TABLE IS HELD BETWEEN 45-56 DEGREES F. - REPEAT VIOLATION), WIPING CLOTH IS NOT STORED IN A SANITIZING SOLUTION BETWEEN USES (WIPING CLOTH IS STORED ON THE COUNTER ~ REPEAT VIOLATION). SINGLE SERVICE UTENSILS ARE NOT INVERTED OR IN PROPER DISPENSING CONTAINERS TO PROTECT THEM FROM CONTAMINATION WHILE BEING DISPENSED (COFFEE FILTERS ARE NOT KEPT COVERED), FOOD EMPLOYEE IS NOT EFFECTIVELY RESTRAINING HAIR (EMPLOYEE HAS NO HAIR RESTRAINT — REPEAT VIOLATION), 11/27/06 OUTSIDE ATTACHED EQUIPMENT IS NOT KEPT IN GOOD REPAIR (HOLE IN BUILDING GROUNDS WALL — REPEAT VIOLATION), 11/ 27106 RESTAURANT - PLUMBING IS NOT MAINTAINED IN GOOD REPAIR (THE TOILET IS LEAKING). CUSTOMER AREA * THE SEWAGE SYSTEM IS FAILING AND THERE 1S EVIDENCE OF RAW SEWAGE ABOVE GROUND OR BACKING UP IN DRAINS (THE TOILET IS LEAKING AT THE BOTTOM. AFTER FLUSHING, THE TOILET WATER CAN BE SEEN FLOWING FROM BETWEEN THE FLOOR AND TOILET). * THE FOOD ESTABLISHMENT EMPLOYEE HEALTH POLICY DOES NOT ADDRESS ALL ISSUES REQUIRED BY LAW. 12/ O6/06 BACK ROOM AND SINGLE SERVIGE UTENSILS ARE NOT INVERTED OR IN PROPER DISPENSING RELATED AREAS CONTAINERS TO PROTECT THEM FROM CONTAMINATION WHILE BEING DISPENSED (SINGLE SERVICE ITEMS ARE NOT INVERTED), ATTACHED EQUIPMENT IS NOT KEPT IN GOOD REPAIR (NO LIGHT IN THE BACK ROOM). WALLS, CEILINGS, ATTACHED EQUIPMENT ARE NOT KEPT CLEAN AND FREE OF EXCESS GREASE OR DUST ACCUMULATION (CEILING TILES ARE OUT OF PLAGE), FOOD CONTACT SURFACES OF EQUIPMENT OR UTENSILS ARE NOT FREE OF SOIL, OILY RESIDUE OR ENCRUSTED FOOD PARTICLES (UNUSED MIXER IS STORED WITH FOOD RESIDUE). JAN-22-2887 DATE 12/ 08/06 Ta OB/OG 12/06/06 Jan 23 2007 14:59 856 245 1681 P6713 15124 DEPT OF AGRICULTURE LEGAL (- AREA VIOLATION BACKROOMAND — NON-FOOD CONTACT SURFACE OF UTENSILS/EQUIPMENT IS NOT DESIGNED, RELATED AREAS {SHELVING WORN TO BARE WOOD), INSTALLED OR CONSTRUCTED OF DURABLE, SAFE MATERIALS, CORROSION RESISTANT, NON-ABSORBENT OR SMOOTH AND EASILY GLEANABLE BAKERY DEPARTMENT FOOD SERVICE AREA HAND CLEANSER OR HAND DRYING DEVICE IS THE HANDWASH SINK). * BACKFLOW PREVENTION DEVICE IS NOT INSTALLED AT FIXTURE OR EQUIPMENT WHERE BACK SIPHONAGE CAN OCCUR (THE SPRAY NOZZLE REACHES BELOW THE RIM OF THE 3-COMPARTMENT SINK — REPEAT VIOLATION). EQUIPMENT AND UTENSILS ARE NOT STORED CLEAN AND PROTECTED FROM CONTAMINATION &Y USING A METHOD SUCH AS INVERTING OR COVERING (UTENSILS NOT PROPERLY STORED), WIPING CLOTH IS NOT STORED IN A SANITIZING SOLUTION BETWEEN USES (WIPING CLOTHS ARE STORED ON THE SIDE OF THE 3-GOMPARTMENT SINK, NEXT TO THE MIXER AND COUNTER WHEN NOT IN USE - REPEAT VIOLATION). “ THE CONCENTRATION OF THE CHEMICAL SANITIZING AGENT BEING USED IS NOT ADEQUATE (WIPING CLOTH SANITIZER BUCKET |S 0 PPM). FOOD CONTACT SURFACE OF UTENSILS/EQUIPMENT IS NOT MAINTAINED IN GOOD REPAIR (CAN OPENER BLADE IS RUSTY: AKER SCRAPPER |5 CHIPPED; ROLLING PIN HANDLE {S HELD WITH TAPE + REPEAT VIOLATIONS). FOOD EMPLOYEE IS NOT EFFECTIVELY RESTRAINING HAIR (EMPLOYEES ARE NOT WEARING HAIR RESTRAINTS - REPEAT VIOLATION). * FOOD EMPLOYEE OBSERVED NOT WASHING HANDS BEFORE HANDLING -FOODAGE AND AFTER HANDS HAVE BEEN CONTAMINATED (EMPLOYEE ENTERED THE PROCESSING AREA AND STARTED WORKING FOR 10 MINUTES WITHOUT WASHING HANDS; USING THE PHONE AND DIDN'T WASH HANDS), * FOOD EMPLOYEE OBSERVED AND/OR THERE |S EVIDENCE OF EATING OR DRINKING IN A FOOD PROCESSING OR PREPARATION AREA, OR WHERE CLEAN EQUIPMENT OR UTENSILS ARE STORED OR WHERE FOOD IS UNCOVERED OR EXPOSED (DRINK CUP HAS NO LID). * THERE IS NO ESTABLISHED EMPLOYEE HEALTH POLICY. FOOD IS NOT PROTECTED FROM CONTAMINATION DURING PREPARATION (RAW EGGS NEXT TO READY-TO-EAT PRODUCTS — REPEAT VIOLATION). FOOD IS STORED OR DISPLAYED ON THE FLOOR (SEVERAL PRODUCTS ARE ON THE FLOOR — REPEAT VIOLATION). THERMOMETER IN HOT OR COLD STORAGE UNIT IS NOT PROVIDED OR, WHEN PRESENT, !§ NOT CONSPIGUQUS (NO THERMOMETER IN THE FREEZER). . THERE !S NO METAL STEM THERMOMETER FOR CHECKING INTERNAL TEMPERATURES OF FOOD WHILE BEING PROCESSED. FOOD CONTACT SURFACES OF EQUIPMENT OR UTENSILS ARE NOT FREE OF SOIL, OILY RESIDUE OR ENCRUSTED FOOD PARTICLES (OVEN AND PROOFER HAVE OLD FOOD RESIOUE BUILD-LIP). SOILED LINEN, INCLUDING BUT NOT LIMITED TO, WORK CLOTHES, WIPING CLOTHS AND MITTENS, ARE NOT STORED IN NON-ABSORBENT CONTAINERS OR CLEAN LAUNDRY BAGS (APRON IS STORED ON A LADDER). MAINTENANCE AND CLEANING EQUIPMENT ARE NOT STORED IN A CLEAN AND ORDERLY MANNER (MOP NOT HUNG TO DRY -- REPEAT VIOLATION). * TOXIC ITEMS ARE NOT LABELED IDENTIFYING THEIR CONTENTS OR NOT USED ACCORDING TO LAW OR PRODUCTS LABEL (WIPING CLOTH SANITIZER BUCKET IS NOT LABELED). WIPING GLOTH IS NOT STORED IN A SANITIZING SOLUTION BETWEEN USES (WIPING CLOTH STORED ON THE COUNTER ~ REPEAT VIOLATION). * FOOD EMPLOYEE OBSERVED AND/OR THERE |S EVIDENCE OF PREPARING FOOD IN A HANDWASH SINK (OUMPING PRODUCT IN THE HANDWASH SINK). THERE ARE UNAUTHORIZED PERSONS PRESENT IN AREAS OF THE FOOD ESTABLISHMENT WHERE THEY ARE NOT PERMITTED (CUSTOMER SELF- SERVING BEHIND THE COUNTER — REPEAT VIOLATION). * COLD, POTENTIALLY HAZARDOUS, FOOD NOT HELD AT 41 DEGREES F. OR BELOW (MILK IS AT 63 DEGREES F. — REPEAT VIOLATION). HAND CLEANSER OR HAND DRYING DEVICE IS NOT PROVIDED (NO SOAP AT THE HANDWASH SINK), Jan 23 2007 14:59 JAN-23-2687 15:24 DEPT OF AGRICULTURE LEGAL . 854 245 1661 Paris . ; ( DATE AREA VIOLATION 12/ OB/DS RESTAURANT - ATTACHED EQUIPMENT |S NOT KEPT IN GOOD REPAIR (WALLS IN THE REST- CUSTOMER AREA ROOM ARE WATER DAMAGED). STOP SALE/STOP USE ORDER WAS BROKEN (DATE OF ORIGINAL STOP NLT. IN THE MEN'S RESTROOM AND HAS OPENED THE RESTROOM FOR USE). HAND CLEANSER OR HAND DRYING DEVICE IS NOT PROVIDED (NO TOWELS IN THE LADIES’ RESTROOM). * 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 envelope 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 be 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 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 not available. If you request a hearing, this offer of settlement is 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 TO 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 Fina] Order imposing the maximum penalties as authorized by Florida Law, including prominently posting a CLOSED FOR OPERATION sign, like the one enclosed. Jan 23 2007 14:59 JAN-23-2887 15:24 DEPT OF AGRICULTURE LEGAL 856 245 1661 P6813 ct ( f Florida Department of Agriculture and Consumer Services ADMINISTRATIVE COMPLAINT AND ~“ SETTLEMENT AGREEMENT PAYMENT FORM CHARLES H. BRONSON : Make cheek payable to and remit to: COMMISSIONER Florida Department of Agriculture and Consumer Services . Post Office Box 6720 Tallahassee, FL 32314-6720 December 26, 2006 SOMALY AING, Individually and Firm No.: 02772 d/b/a DONUT MAN . 1290 6” ST., NW ; Case No.: A46247 WINTER HAVEN, FL 33881 Attn: SOMALY AING Thereby agree to settle this violation stated in the Administrative Complaint and Proposed Settlement dated December 26, 2006 as follows: 1. Payment of the sum of $4,850.00 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] fail to comply with the terms of this settlement the Department will enter a Final Order imposing the maximum penalties authorized by Florida law, and may seek additional remedies in court. Name (please print) Legal Name of Business Signature Date Date — Telephone Number ATTACH ALL [TEMS REQUIRED FOR SETTLEMENT Org. Code: 42140302002 EO: A2 Object Code: 012052 DACS-01270 10/01 Jan 23 200? 15:00 JAN-23-2687 15:25 DEPT OF AGRICULTURE LEGAL 856 245 1681 P.@913 ( ( FURTHER 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 n T. Fruin, D.V.M., Ph.D. ief, Bureau of Food and Meat Inspection cc: Compliance Administrator

Docket for Case No: 07-000445