Explanation of Mobile Food Facility Violations

Major Violations

Violation Code:

1 - Demonstration of knowledge; food safety certification; food handler cards current

Explanation:

All food employees shall have adequate knowledge of and be trained in food safety as it relates to their assigned duties (113947). Food facilities that prepare, handle or serve non-prepackaged potentially hazardous food shall have an employee who has passed an approved food safety certification examination (113947-113947.1). All employees handling food must have a food handler card (113948).

Violation Code:

2 - Compliance with communicable disease procedures

Explanation:

Employees with a communicable disease shall be excluded from the food facility/preparation of food. Gloves shall be worn if an employee has cuts, wounds, or rashes. The permit holder shall require food employees to report incidents of illness or injury and comply with all applicable restrictions (113949.2, 113949.4, 113949.5, 113975, 113950, 113950.5, 113973[a]).

Violation Code:

3 - No discharge from eyes, nose, or mouth

Explanation:

Employees experiencing sneezing, coughing, or runny nose shall not work with exposed food, clean equipment, utensils or linens (113974).

Violation Code:

4 - Proper eating, drinking, or tobacco use

Explanation:

No employees shall eat, drink, or smoke in any work area (113977).

Violation Code:

5 - Hands clean and properly washed; gloves used properly; ready-to-eat food handling

Explanation:

Employees are required to wash their hands and change gloves: when beginning work; before handling food, equipment, and utensils; as often as necessary, during food preparation, to remove soil and contamination; when switching from working with raw to ready-to-eat foods, after touching body parts; after using toilet room; or any time when contamination may occur. No bare-hand contact is permitted when handling ready-to-eat foods. (113952, 113953.3, 113953.4, 113961[b], 113968, 113973 [b-f]).

Violation Code:

6 - Adequate handwashing facilities supplied and accessible

Explanation:

Handwashing soap and towels or drying device shall be provided in dispensers; dispensers shall be maintained in good repair (113953.2). Adequate facilities shall be provided for handwashing, food preparation and the washing of utensils and equipment (113953, 113953.1, 114067[f]).

Violation Code:

7 - Proper hot and cold holding temperatures

Explanation:

Potentially hazardous foods (PHF) shall be held at or below 41/45°F or at or above 135°F (113996, 113998, 114037, 114343[a]).

Violation Code:

8 - PHF above 135°F destroyed at end of day. No cooling on MFF

Explanation:

All PHFs cooked or stored above 135°F must be destroyed at end of operating day (114305[d]).

Violation Code:

9 - Proper cooking time and temperatures

Explanation:

Comminuted meat, raw eggs, or any food containing comminuted meat or raw eggs, shall be heated to 155°F for 15 seconds. Single pieces of meat, and eggs for immediate service, shall be heated to 145°F for 15 seconds. Poultry, comminuted poultry, stuffed fish/meat/poultry shall be heated to 165°F. Other temperature requirements may apply (114004, 114008, 114010).

Violation Code:

10 - Proper reheating procedures for hot holding

Explanation:

Any PHFs cooked, cooled and subsequently reheated for hot holding or serving shall be brought to a temperature of 165°F (114004, 114014, 114016).

Violation Code:

11 - Food in good condition, safe and unadulterated

Explanation:

Any food is adulterated if it bears or contains any poisonous or deleterious substance that may render it impure or injurious to health (113967, 113976, 113980, 113988, 113990, 114035, 114067[h], 114254.2, 114254.3).

Violation Code:

12 - Food contact surfaces: clean and sanitized as required

Explanation:

All food contact surfaces of utensils and equipment shall be clean and sanitized (113984[d,e], 114097, 114099.1, 114099.4, 114099.6, 114101 [b-d], 114105, 114109, 114111, 114113, 114115[a, b, d], 114117, 114125[b], 114141).

Violation Code:

13 - Food obtained from approved source

Explanation:

All food shall be obtained from an approved source (113980, 113982, 114021-114031, 114041).

Violation Code:

14 - Compliance with shellstock regulations; tags/display

Explanation:

Shellstock shall have complete certification tags, and shall be properly stored and displayed (114039-114039.5).

Violation Code:

15 - Compliance with Gulf oyster regulations

Explanation:

Comply with Gulf oyster warning seasonal requirements (Title 17 CA Code of Regulations §13675, CALCODE Section 113707).

Violation Code:

16 - Compliance with variance, specialized process, & HACCP Plan

Explanation:

HACCP Plan is a written document that delineates the formal procedures developed for safe food handling approved by the National Advisory Committee on Microbiological Criteria for Foods (114419). A written document approving a deviation from standard health code requirements shall be maintained at the food facility (114057, 114057.1, 114417.6).

Violation Code:

17 - Consumer advisory provided for raw or undercooked foods and foods with ½ % alcohol

Explanation:

Ready-to-eat food containing undercooked food or raw egg, and unpackaged confectionery food containing more than 0.5% alcohol may be served if the facility notifies the consumer (114012, 114093, 114093.1).

Violation Code:

18 - Hot and cold potable water available with adequate pressure

Explanation:

An adequate, protected, pressurized, potable supply of hot water and cold water shall be provided at all times (113953[c], 114099.2[b] 114101[a], 114189, 114192, 114192.1, 114195).

Violation Code:

19 - Wastewater properly disposed

Explanation:

All liquid waste must drain to an approved fully functioning sewage disposal system (114197, 114241[c]).

Violation Code:

20 - No rodents, insects, birds, or animals

Explanation:

Each food facility shall be kept free of vermin: rodents (rats, mice), cockroaches, and flies (114259.1, 114259.3, 114259.4, 114259.5).

Violation Code:

21 - Approved and adequate power source

Explanation:

Sufficient electrical power shall be supplied at all times to power approved exhaust, lighting, electric water heaters and refrigeration units (114182).

Violation Code:

22 - Mechanical refrigeration provided

Explanation:

MFFs that handle PHFs, except prepackaged frozen, whole fish and aquatic invertebrates, shall be equipped with refrigeration units as defined in Section 113885 (114301[c]).

Minor Violations

Violation Code:

23 - Personal cleanliness and hair restraints

Explanation:

All employees preparing, serving or handling food or utensils shall wear clean, washable outer garments or uniforms and shall wear a hairnet, cap, or other suitable covering to confine hair. (113969, 113971)

Violation Code:

24 - Approved thawing methods used, frozen food

Explanation:

Food shall be thawed under refrigeration; in microwave oven; during the cooking process; or in an approved commissary or commercial kitchen. (114018, 114020)

Violation Code:

25 - Safe food preparation

Explanation:

Adequate and suitable counter space shall be provided for all food preparation operations. All food shall be thawed, washed, sliced, and cooled within an approved fully enclosed food facility (113818[b][7], 113984[a, f], 113992).

Violation Code:

26 - Consumer self-service

Explanation:

Unpackaged food shall be displayed and dispensed in a manner that protects the food from contamination (114063, 114065).

Violation Code:

27 - Food properly labeled and honestly presented

Explanation:

Any food is misbranded if its labeling is false or misleading, if it is offered for sale under the name of another food, or if it is an imitation of another food for which a definition and standard of identity has been established by regulation (114063(b)(2), 114087, 114088, 114089, 114089.1(a, b), 114090, 114093.1, 114094.5, 114377).

Violation Code:

28 - Toxic substances/non-food items properly identified, stored, used

Explanation:

All poisonous substances, insecticides, detergents, bleaches and cleaning compounds shall be properly identified and stored separate from food, utensils, packing material and food-contact surfaces (114047, 114049, 114055, 114067 (h), 114254) Non-food items such as tires, automotive equipment and medicinal creams must be stored separate from food preparation and food storage (114319(a, b), 114254, 114254.1, 114254.2, 114254.3)

Violation Code:

29 - Warewashing facilities: installed, maintained, used; test strips

Explanation:

Food facilities that prepare food shall be equipped with warewashing facilities. Testing equipment shall be provided to measure the applicable sanitization method (114067(f, g), 114099, 114099.3, 114099.5, 114107, 114125, 114309, 114313).

Violation Code:

30 - Thermometers provided and accurate

Explanation:

An accurate easily readable metal probe thermometer suitable for measuring temperature of food shall be available to the food handler. A thermometer +/- 2 °F shall be provided for each hot and cold holding unit of potentially hazardous foods and high temperature warewashing machines (114157, 114159).

Violation Code:

31 - Compliance with water heater requirements

Explanation:

MFFs permitted after July 1, 2007 must have a water heater minimum capacity of 4 gallons (1/2 gallon for limited food preparation activities) capable of heating water to a minimum of 120°F for warewashing and 100°F for handwashing sink (114325).

Violation Code:

32 - Equipment, utensil storage, seals and latches in good repair

Explanation:

All food items, food contact surfaces, equipment and utensils must be handled and stored to protect from potential contamination; Equipment must be kept clean and in good repair. The mobile food facility, and all equipment and utensils shall be protected from potential contamination and kept clean, in good repair, and free of vermin. Employee entrance door must be self-closing and kept closed. (114175, 114303, 114119, 114178, 114185, 114185.2, 114185.4)

Violation Code:

33 - Wiping cloths: properly used and stored

Explanation:

Wiping cloths used to wipe service counters, scales or other surfaces that may come into contact with food shall be used only once unless kept in clean water with sanitizer (114135, 114185.1, 114185.3 (d-e)).

Violation Code:

34 - Food safety signs posted; last inspection report available

Explanation:

Handwashing signs shall be posted [on the MFF], directing attention to the need to thoroughly wash hands after using the restroom (113953.5). No smoking signs shall be posted in food preparation, food storage, warewashing, and utensil storage areas (113978). A copy of the most recent inspection report available on request, posted notice saying such (113725.1, 114381 (e))

Violation Code:

35 - Permanent and proper signage on outside of facility

Explanation:

MFFs and mobile support units (MSUs) must have business name/name of the operator (min. 3 inches high), city, state, zip and name of permittee if different from the food facility name (min. 1 inch height) on both sides, in contrasting color with vehicle exterior to enable the consumer to identify and locate the business. (114299)

Violation Code:

36 - Person in Charge

Explanation:

A Person in Charge (PIC) shall be present at the food facility during all hours of operation. (113945, 113945.1, 113950(b), 113984.1, 114075)

Violation Code:

37 - Approved & adequate ventilation and lighting; covers, shields

Explanation:

Exhaust hoods shall be provided to remove toxic gases, heat, grease, vapors and smoke and be approved by HCD. Canopy-type hoods shall extend 6# beyond all cooking equipment. All areas shall have sufficient ventilation to facilitate proper food storage. Adequate lighting shall be provided in all areas to facilitate cleaning and inspection. Light fixtures in areas where open food is stored, served, prepared, and where utensils are washed shall be of shatterproof construction or protected with light shields (114149, 114149.1, 114149.2, 114149.3, 114252, 114252.1, 114323(c)).

Violation Code:

38 - Pass-thru windows & ceiling vent screens

Explanation:

Pass-through window service openings shall be limited to 216 square inches each, and shall not be closer together than 18 inches, with at least a 16 mesh per square inch. Counter surface smooth and cleanable. Each opening shall have a solid or screened window, equipped with a self-closing device. (114259.2). A food facility shall at all times be constructed, equipped, maintained, and operated as to prevent the entrance and harborage of animals, birds, and vermin, including, but not limited to, rodents and insects. (114259, 114259.2)

Violation Code:

39 - Handwashing sinks, Warewashing sinks

Explanation:

MFFs permitted after January 1, 1997 that sell non-prepackaged food must have 9#x9#x5# easily accessible hand wash sink, separated from warewashing sink by metal splashguard of adequate size or by at least 24# and unenclosed facilities shall provide hand wash sink as integral part of the primary unit (114311, 114314).  MFFs permitted after January 1, 1997 that cook, blend or otherwise prepare non-prepackaged food must have 3-compartment sink 12" x 12" x 10" or large enough to accommodate the largest utensil with 2 integral drain boards with 1/8 in. per foot slope or ½ in. lip or rim to prevent spillage and for facilities where it#s not required must have adequate supply of spare clean utensils and they must be washed and sanitized daily at approved commissary (114313, 114314).

Violation Code:

40 - Potable water and waste water tanks installed, gate valves adequate, proper use

Explanation:

MFFs handling nonprepackaged food shall have safe, durable, smooth and easily cleanable potable and wastewater tanks, sloped to an outlet for proper drainage and equipped with air vent overflow. Hoses for potable water must be safe, durable with a smooth interior, protected from contamination at all times, colored differently from liquid waste lines, and must have matching connecting devices. Potable water tanks shall be enclosed from the filling inlet to the discharge outlet, and designed with an access port for inspection and cleaning or an approved written procedure for cleaning and sanitizing. Potable water tanks shall have sufficient capacity, including at least 5 gallons exclusively for handwashing, 25 gallons for food preparation and warewashing, or 15 gallons for limited food preparation. Delivery system shall deliver at least 1 gallon/minute to each basin. The potable water tank inlet shall be 3/4 inch in inner diameter or less. Tanks shall be adequately serviced, including removal and/or flushing (114205, 114207, 114209, 114211, 114213, 114215, 114217,114219, 114221, 114223, 114225, 114227, 114229, 114231, 114233, 114235, 114238, 114239, 114240, 114241, 114242).

Violation Code:

41 - Equipment construction requirements/utensils ANSI approved

Explanation:

Food equipment must be smooth, readily accessible and easily cleanable. Nonportable equipment shall be integral part of primary unit. All new and replacement gas and electrical appliances must be ANSI approved. Facilities handling PHFs shall provide mechanical refrigeration, except for prepackaged frozen ready-to-eat foods, whole fish and whole aquatic invertebrates. Floors, walls and ceilings of MFFs shall be constructed impervious, smooth and cleanable. Floor surfaces shall provide employee safety from slipping. The juncture of the floor and wall shall be coved with a 3/8 inch minimum radius coving, with the floor surface extending up the wall at least 4 inches. Construction joints and seams must be tight and sealed. Floors slip resistant at least 5 feet on all open sides where cooking is conducted. Mechanical exhaust ventilation and drip trays must be provided for equipment as required. All utensils and equipment shall be fully operative and in good repair. Employee entrance doors must be self-closing. All utensils and equipment shall be approved, installed properly, and meet applicable standards (114130, 114130.1, 114130.2, 114130.3, 114130.4, 114130.5, 114132, 114133, 114137, 114139, 114153, 114167, 114169, 114175, 114177, 114182, 114301).

Violation Code:

42 - Proper, unobstructed height and width of occupied areas

Explanation:

MFFs permitted after January 1, 1996 and that are occupied during normal operation must have minimum 74 inches unobstructed floor to ceiling, and minimum 30 inches horizontal aisle space (114321).

Violation Code:

43 - Location and operation of compressors

Explanation:

Compressors that are not an integral part of equipment must be in an enclosure completely separate from food preparation and food storage (114322).

Violation Code:

44 - Required fire suppression system provided

Explanation:

Mechanical exhaust ventilation equipment shall be provided over all cooking equipment as required to remove cooking odors, smoke, steam, grease, heat, and vapors. All mechanical exhaust ventilation equipment shall be installed and maintained in accordance with the California Mechanical Code (114149.1(a)). Cooking equipment that produces grease-laden vapors (such as, but not limited to, deep-fat fryers, ranges, griddles, broilers, woks, tilting skillets, and braising pans) and can be a source of ignition grease in the hood, grease removal device, or duct shall be protected by automatic fire-extinguishing equipment (CMC 513.1.1).

Violation Code:

45 - Compliance with commissary/commissary kitchen requirements; agreement on file

Explanation:

MFF must operate out of a commissary or in conjunction with an MSU with the exception of facilities that operate at community event and remain in a fixed position during food preparation and its hours of operation; must be stored in a location approved by the enforcement agency. MSU must operate out of a commissary (114295). Commissary must have adequate facilities for proper sanitary disposal of liquid and solid waste; must have adequate potable water and hot and cold water under pressure for cleaning MFFs; adequate facilities for storage of food, utensils and other supplies; must have an adequate electrical supply; and a servicing area, that is covered, sloped and drained as appropriate. For supporting MFFs conducting limited food preparation, the commissary must have adequate food preparation area. A separate permit shall be required for commissary and shall be inspected separately from MFFs it services (114326). MSU shall be approved by enforcement agency, be constructed and designed to appropriately service MFFs which they support; liquid waste must not be drained onto the street, sidewalk or premises; shall have approved equipment if used to transport potentially hazardous food. Food, utensils and supplies shall be protected from contamination and MSUs shall not be approved for warewashing (114327).

Violation Code:

46 - Cleaning and servicing; SOPs on file for unenclosed MFFs

Explanation:

MFFs and MSUs must be cleaned and serviced daily (Servicing includes removing food and other items that may not be adequately protected on MFF or MSU) (114297(a, d)). Unenclosed MFFs handling non-prepackaged food must have approved written procedures for food handling, cleaning and sanitizing of food contact surfaces and utensils 114303(d)).

Violation Code:

47 - Restroom facilities within 200 feet (if stopped for more than 1 hour)

Explanation:

MFFs operating at a fixed location for more than 1 hour or that operate at a fixed location at a community event must have an approved and readily available restroom facility within 200 feet (114315(a)).

Violation Code:

48 - Exterior and surrounding area sanitary

Explanation:

Exterior of MFF and area around it shall be kept in sanitary condition and must be cleaned as needed (114317).

49 - Compliance with safety requirements/first aid kit/fire extinguisher/2nd exit/latches

Explanation:

MFFs must have a fully stocked first-aid kit, properly charged fire extinguisher (for facilities with open flames or heat sources only), and second exit (at least 24 x 36 inches). Gas fired appliances must have insulation, and food equipment must be equipped or stored to prevent movement, spillage or breakage in the event of a sudden stop, collision or overturn (114323[a, b, e, f, g]).

Violation Code:

50 - Compliance with plan review requirements

Explanation:

A person proposing to build or remodel a food facility shall submit plans for approval before starting any new construction or remodeling of any facility for use as a retail food facility (114380).

Violation Code:

51 - Certification from California Department of Housing and Community Development (HCD)

Explanation:

All MFFs with occupiable space, gas appliance, electrical or plumbing system must be certified by the California Department of Housing and Community Development (114294[c]).

Violation Code:

52 - Facility operating with valid Health Permit

Explanation:

A food facility shall not be open for business without a valid permit. (114381[a], 114387, 114390[c])

Violation Code:

53 - Other

Explanation:

California Retail Food Code and Sonoma County Code of Ordinances