Inspection of this establishment conducted pursuant to Sec 509 032, Florida Statutes, revealed v1olat1ons of the prov1sIons of Chapter 509, Florida Statutes, and/ or the rules promulgated thereto governing operation of the establishment The vIolatIon(s) found and applicable law are descnbed m Exh1b1t "A," attached hereto and incorporated herein by reference Inspection documents are attached as Exh1b1t "B", incorporated herein by reference
WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties adm1rnstrative fine not to exceed $1,000 per offense, suspension, revocation, or refusal of a hcense issued pursuant to this Chapter, and/or any other rehef authorrzed by Chapter 509, Florida Statutes, or the rules promulgated thereto
Signed July 26, 2010
Shanrne Kallas, D1stnct Manager
By delegation of the Director, or des,gnee DIvIsIon of Hotels & Restaurants
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: 7160 3901 9848 6921 5670
I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been
hand served by me on this day of , 2010
Received by _
Inspector's Signature Operator's Signature
Titre
Case Number 2010036477 File Number 222389
License Number 2317737 2010
Ml TIERRA CAFETERIA RESTAURANT
01sl11cl Number 01
Form revised 10 15 09
Filed August 1, 2011 4:16 PM Division of Administrative Hearings
I.
Exh1bIt A
License Number 2317737
License Type 2010 PERMANENT FOOD SERVICE
Case Number 2010036477
"FC" as cited herein references specific provIsIons of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Adm1rnstratIon, incorporated by Chapter 61C, Florida AdmIrnstrat1ve 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 Prov1s1ons", Florida AdminIstratIve Code, and 61C-1 004(5), Florida AdminIstratIve Code
"'" denotes a critical vIolatIon
It Is alleged that on January 28, 2010, and June 17, 2010, the licensee was In vIolatIon of Florida Statute 509(FS) and/or the Rules of the D1vIsIon of Hotels and Restaurants, Florida Adm1nistrat1ve Code (FAC}, in the following particulars Copy(s) of the report(s) for the above referenced Inspect1on(s) are attached hereto and incorporated by reference as ExhIbIt B
' 1 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,
OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41 DEGREES
FAHRENHEIT, REPEAT VIOLATION.
' 2 OBA-26-1 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 (8) COOKED READY-TO-EAT FOOD,
OBSERVED RAW ANIMAL FOOD STORED OVER READY-TO-EAT FOOD. REPEAT VIOLATION.
3 12A-16-1 2-301 14 FC WHEN TO WASH FOOD EMPLOYEES' SHALL CLEAN THEIR HANDS AND EXPOSED PORTIONS OF THEIR ARMS AS SPECIFIED UNDER SECTION 2-301 12 IMMEDIATELY BEFORE ENGAGING IN FOOD PREPARATION INCLUDING WORKING WITH EXPOSED FOOD, CLEAN EQUIPMENT AND UTENSILS, AND UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES AND
AFTER TOUCHING BARE HUMAN BODY PARTS OTHER THAN CLEAN HANDS AND CLEAN, EXPOSED PORTIONS OF ARMS, (8) AFTER USING THE TOILET ROOM, (C) AFTER CARING FOR OR HANDLING SERVICE ANIMALS OR AQUATIC ANIMALS AS SPECIFIED IN PARAGRAPH 2-403 11(8), (D) EXCEPT AS SPECIFIED IN PARAGRAPH 2-401 11(B), AFTER COUGHING, SNEEZING, USING A HANDKERCHIEF OR DISPOSABLE TISSUE, USING TOBACCO, EATING, OR DRINKING, (E) AFTER HANDLING SOILED EQUIPMENT OR UTENSILS, (F} DURING FOOD PREPARATION, AS OFTEN AS NECESSARY TO REMOVE SOIL AND CONTAMINATION AND TO PREVENT CROSS CONTAMINATION WHEN CHANGING TASKS, (G) WHEN SWITCHING BETWEEN WORKING WITH RAW FOOD AND WORKING WITH READY-TO-EAT FOOD, (H) BEFORE DONNING GLOVES FOR WORKING WITH FOOD, AND (I) AFTER ENGAGING IN OTHER ACTIVITIES THAT CONTAMINATE THE HANDS
OBSERVED EMPLOYEES ENGAGED IN FOOD PREPARATION, HANDLE CLEAN EQUIPMENT OR UTENSILS, OR TOUCH UNWRAPPED SINGLE-SERVICE ITEMS, WITHOUT WASHING HANDS. REPEAT VIOLATION.
Case Number 2010036477 File Number 222389
Lrcense Number 2317737 2010
Ml TIERRA CAFETERIA RESTAURANT
District Number 01
Form revrsed 10 15 09
