State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. CHENGS CHINESE RESTAURANT rjoense Type 201 pass Respondent. Case Number 2010056021 / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION: OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against CHENGS CHINESE RESTAURANT, (“Respondent”), and says: . 1. Petitioner is the state agency charged with regulating the operation of public lodging establishments and public food service establishments, pursuant to Section 20.165 and Chapter 509, Florida| Statutes. 2. Respondent is, and has been at all times material hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants, The respondent's business address of record is 10962 W COLONIAL DRIVE, OCOEE, FLORIDA 34761,The mailing address of record is CHENGS CHINESE RESTAURANT, at 10962 W COLONIAL DRIVE, OCOEE, FLORIDA 34761. 3. Inspection of this establishment conducted pursuant to Sec, 509.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto|governing operation of the establishment. The violation(s) found and applicable law are described in Exhibit “A,” attached hereto and incorporated herein by reference. Inspection documents are attached as Exhibit “B”, incorporated herein by reference, : : WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties: administrative fine not to exceed $1,000 per offense, suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. : Signed November 09, 2010 le Aan Qo Valerie Freeman, District Manager By delegation of the Director, or designee Division of Hotels & Restauranis Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Marc Drexler, Lead Attorney Florida Bar No. 0487058 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of , 2010 ee Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2010056021 — File Number: 237247 District Number: 04 License Number: 5804687 2010 Form revised 10.04.10 CHENGS CHINESE RESTAURANT Filed November 8, 2011 12:09 PM Division of Administrative Hearings Exhibit A License Number: 5804687 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2010056021 FC as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida (Administrative Code. NFPA as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61C-1,004(5), Florida Administrative Code. * denotes a critical violation. It is alleged that on August 9, 2010, October 26, 2010 the licensee was in violation of Florida Statute S09(FS) and/or the Rutes of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the following particulars. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 4.01B-23-1 3-402.11 FC:: PARASITE DESTRUCTION. (A) EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, BEFORE SERVICE OR SALE IN READY-TO-EAT FORM, RAW, RAW-MARINATED, PARTIALLY COOKED, OR MARINATED-PARTIALLY COOKED FISH OTHER THAN MOLUUSCAN SHELLFISH SHALL BE FROZEN THROUGHOUT TO A TEMPERATURE OF: (1) -4 DEGREES FAHRENHEIT OR BELOW FOR 168 HOURS (7 DAYS) IN A FREEZER; OR (2) -31 DEGREES FAHRENHEIT OR BELOW FOR 16 HOURS IN A BLAST FREEZER. (B) IF THE FISH ARQ TUNA OF THE SPECIES THUNNUS ALALUNGA, THUNNUS ALBACARES (YELLOWFIN TUNA), THUNNUS ATLANTICUS, THUNNUS MACCOYII (BLUEFIN TUNA, SOUTHERN), THUNNUS OBESUS (BIGEYE TUNA), OR THUNNUS THYNNUS (BLUEFIN TUNA, NORTHERN), THE FISH MAY BE SERVED OR SOLD IN A RAW, RAW-MARINATED, OR PARTIALLY COOKED READY-TO-EAT FORM WITHOUT UT FREEZING AS SPECIFIED UNDER PARAGRAPH (A) OF THIS SECTION. THERE WAS NO PROOF OF PROPER PARASITE DESTRUCTION FOR THE RAW SUSHI ITEMS SUCH AS SMOKED SALMON, SALMON, OCTOPUS, RED SNAPPER, FISH ROE, CLAMS, AND CONCH. * 2.02-22-1 3-501.17(A) FC:: (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND HELD INA FOOD ESTABLISHMENT FOR MORE THAN 24 HOURS SHALL BE CLEARLY MARKED 70 INDICATE THE. DATE OR DAY BY WHICH THE FOOD SHALL BE CONSUMED ON THE PREMISES, SOLD, OR DISCARDED, BASED ON THE TEMPERATURE AND TIME COMBINATIONS SPECIHED BELOW. (1) 44 DEGREES FAHRENHEIT OR LESS FOR A MAXIMUM OF 7 DAYS; THE DAY OF PREPARATION SHALL BE COUNTED AS DAY 1. EGGROLLS, CHICKEN, AND RIBS WERE PREPARED ON SITE AND HELD MORE rH 24 HOURS IN THE WALK IN COOLER AND WERE NOT DATE MARKED. * denotes critical violation Diptrict: 04 Case Number: 2010056021 License Type: 2010 License Number: 5804687 File Number: 237247 CHENGS CHINESE RESTAURANT Exhibit A * 3.03A-07-1 3-501.16(A) FC:: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME IS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501.19, AND EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED: (1) AT 135 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3-401.11(B) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403.11(E) MAY BE HELD AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE; OR (2) AT A TEMPERATURE SPECIFIED IN THE FOLLOWING: (A) 41 DEGREES FAHRENHEIT OR LESS; ON 8/9/10, SUSHI RICE WAS 81 DEGREES F, CHICKEN ON A STICK WAS 105 DEGREES F, RICE NOODLES WERE 120 DEGREES F, AND SHRIMP WAS 100 DEGREES F. ON 10/26/10,|SUSHI RICE WAS 75 DEGREES F, AND THE RIBS, EGGROLLS, AND RICE NOODLES WERE AT 115 DEGREES F. * 4,08A-23-1 3-302.11(A)(1) FC:: (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION BY: (1) SEPARATING RAW ANIMAL FOODS DURING STORAGE, PREPARATION, HOLDING, AND DISPLAY FROM: (A) RAW READY-TO-EAT FOOD INCLUDING OTHER RAW ANIMAL FOOD SUCH AS FISH FOR SUSHI OR MOLLUSCAN SHELLFISH, OR OTHER RAW READY-TO-EAT FOOD SUCH AS VEGETABLES, AND (B) COOKED READY-TO-EAT FOOD; ON 8/9/10, TRAYS OF RAW SHELL EGGS WERE STORED OVER READY TO EAT SAUCE BUCKETS IN THE WALK IN COOLER. ON 10/26/10, TRAYS OF RAW FISH WERE STORED OVER READY TO EAT FOOD IN THE SUSHI REACH IN COOLER. * §.09-01-1 3-301.11(B) FC:: (B) EXCEPT WHEN WASHING FRUITS AND VEGETABLES AS. SPECIFIED UNDER SECTION 3-302.15 OR WHEN OTHERWISE APPROVED, FOOD EMPLOYEES! MAY NOT CONTACT EXPOSED, READY-TO-EAT FOOD WITH THEIR BARE HANDS AND SHALL USE ° SUITABLE UTENSILS SUCH AS DELI TISSUE, SPATULAS, TONGS, SINGLE-USE GLOVES, OR DISPENSING EQUIPMENT. A NON-HANDLED CUP WAS USED AS A SCOOP IN THE GARLIC CONTAINER. 6. 21-12-1 3-304.14(B)(2) FC:: (B) CLOTHS USED FOR WIPING FOOD SPILLS SHALL BE: (2) WET AND CLEANED AS SPECIFIED UNDER PARAGRAPH 4-802.11(D), STORED IN A CHEM|CAL SANITIZER AT ACONCENTRATION SPECIFIED IN SECTION 4-501,114, AND USED FOR WIPING SPILLS FROM FOOD-CONTACT AND NONFOOD-CONTACT SURFACES OF EQUIPMENT. THE WET WIPING CLOTHS WERE NOT STORED IN SANITIZING SOLUTION BETWEEN USES, * denotes critical violation District: 04 Case Number: 2010056021 License Type: 2010 License Number: 5804687 File Number: 237247 CHENGS CHINESE RESTAURANT

Docket for Case No: 11-005725