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Home My WebLink About20133291.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING SUSPENSION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE - CARNICERIA Y RESTAURANTE MUNOZ WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Carniceria y Restaurante Munoz, located at 1005 Broad Street, Milliken, Colorado, is allegedly in violation of the Colorado Retail Food Establishment Rules and Regulations, and WHEREAS, on November 27, 2013, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violations at the facility licensed to Liliana Lozano, 3502 Dahlia Street, Evans, Colorado 80620, and WHEREAS, after hearing testimony from all present, the Board of County Commissioners moved to issue a suspension of the license for up to six months, until such time as the Department of Public Health and Environment has developed a plan/timeline with the business and feels confident that compliance with said plan/timeline is obtainable, to allow the establishment to utilize the services of a third -party consultant to provide formal food safety training to the entire staff, to allow time for consideration of limiting the number of food activities on the premises and consideration of a change in management, with follow-up inspections and with the understanding that staff may bring this matter back before the Board when they determine it is appropriate that said suspension be lifted. The $500.00 civil penalty is waived, with instructions that it be used for either consulting services or necessary repairs to the premises. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Colorado Retail Food License issued to Carniceria Y Restaurante Munoz, located at 1005 Broad Street, Milliken, Colorado, be, and hereby is, suspended up to six -months. BE IT RESOLVED by the Board that staff is instructed to developed a plan/timeline with the business to ensure that compliance with said plan/timeline is obtainable, to make follow-up inspections, to bring this matter back to the Board at the appropriate time, and that the $500.00 civil penalty be, and hereby is, waived. be..1 HMI Vio 17-1 (1 I lb 2013-3291 HL0040 RE: COLORADO RETAIL FOOD ESTABLISHMENT LICENSE - CARNICERIA Y RESTAURANTE MUIVOZ PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of November, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD COJITY, COLORADO ATTEST: Weld County Clerk to the Board B APP Kirkmey RM: Deputy CleMcko the Board ounty Attorney DEC 062 Date of signature. ? Garcia, Chair U(joim, Douglas Ftademach (NAY) Yivrp_ c._d (NAY) Pro -Tern AYE) Sean P. Conway �G n L k 1✓LPFiwn.C (AYE) Freeman 2013-3291 HL0040 Memorandum TO: Board of County Commissioners From: Dan Joseph DATE: November 27, 2013 SUBJECT: Carniceria y Restaurante Munoz Carniceria y Restaurante Munoz located at 1005 Broad Street in Milliken, Colorado, has failed to maintain compliance with the Colorado Retail Food Establishment Rules and Regulations (see attached timeline and background). Though the Weld County Department of Public Health and Environment (Department) has given the facility all opportunities to come into compliance as afforded to them in the Colorado Revised Statutes, there have been repeated violations that resulted in the assessment of three civil penalties within a 12 -month period. These violations have the potential to directly result in illnesses of patrons dining at the establishment. Because the civil penalties were assessed for a variety of violations, the Department recommends a suspension of the retail food establishment license held by Carniceria y Restaurante Munoz so that the establishment may utilize the services of a third party consultant to provide an evaluation of food safety practices at the facility, to provide training for all staff, and to assess the combination of food operations being conducted at the facility. Additionally, the Department proposes that our inspectors conduct two inspections within the two weeks following any license suspension with the objective being no repeat critical violations and substantial compliance with the Regulations otherwise. Should additional repeat critical violations be observed or the facility not remain in substantial compliance with the regulations, the Department would request the ability to bring the matter to a hearing once again. The Department also asks that the Board of County Commissioners (BOCC) direct the ownership of the restaurant to pay the assessed $500.00 civil penalty. 2013-3291 Background Summary of Enforcement for Carniceria y Restaurant Munoz August 23, 2012 A regular inspection was conducted in which violations lb (moldy food), 2f (training needed), 6c (hand sink without soap), and 14i (restroom in disrepair) were cited. October 2, 2012 A follow-up inspection was conducted in which violations lb (moldy food), 2f (training needed), 6c (hand sink without paper towels) and 14i (restroom in disrepair) were cited. October 17, 2012 A First Notification of Non -Compliance was issued for violations lb (moldy food), 2f (training needed), and 14i (restroom in disrepair). Violation 6c was inadvertently excluded. November 13, 2012 A follow-up inspection was conducted where violation lb (moldy food), 2f (training needed), and 6c (hand sinks without soap) were cited December 5, 2012 A Second Notification of Non -Compliance for violations lb (moldy food), 2f (training needed), and 6c (hand sink without soap and /or paper towels) was issued and mailed via standard mail. A Compliance Warning was issued for violation 14i (restroom in disrepair) stating that if at the next regular inspection violation 14i was cited a Second Notification of Non -Compliance would be issued. December 19, 2012 A follow-up inspection was conducted in which no violations were cited. January 8, 2013 A Notice of Civil Penalty for $250.00 (two hundred and fifty dollars) and Compliance Warning for violations lb (moldy food), 2f (training needed), and 6c (lack of soap at hand sinks) was issued and mailed via regular mail. March 21, 2013 A regular inspection was conducted in which violations lb (moldy food), 2f (training needed), 9b (food not protected from contamination), and 14i (restroom in disrepair) were cited. April 2, 2013 A Second Notice of Civil Penalty ($500.00) and Notice of Enforcement Meeting for lb (moldy food), 2f, and 14i was issued and sent via regular mail. April 18, 2013 An enforcement meeting was held with the Weld County Department of Public Health and Environment. Dan Joseph and Debra Adamson met with Eduardo Munoz (manager). April 25, 2013 A Formalization of Enforcement Meeting summary was issued and mailed via standard mail. June 5, 2013 A follow-up inspection was conducted in which 9b (food not protected from contamination) was cited. June 25, 2013 A First Notice of Non -Compliance for violation 9b (food not protected from contamination) was issued and sent via regular mail. It was not returned to the Department as undeliverable. July 31, 2013 A follow-up inspection was conducted in which lb (food not protected from contamination) was cited. This is the same violation previously cited as a 9b. The numerical change is due to regulation revisions. August 14, 2013 A Second Notification of Non -Compliance for violation lb (food not protected from contamination) was issued and sent via regular mail. November 7, 2013 A follow-up inspection was conducted in which lb (food not protected from contamination) was cited. November 14, 2013 A Notification of Hearing and a Notice of Civil Penalty was issued and delivered to Liliana Lozano by hand. Carniceria y Restaurante Munoz History of Violations August 2012 till November 2013 SUMMARY Since August 23, 2012, the Department has performed 8 inspections where 66 violations (critical and noncritical) were cited for an average of 8.3 violations per inspection. The average number of violations cited for all licensed retail food facilities is 1.95 for regular and follow-up inspections combined. Of the 66 violations cited, 47 were critical violations (71%). Of those critical violations, 19 were foodborne illness risk factor violations (40%). CRITICAL ITEMS Critical items are related directly to foodborne illness. Foodborne illness risk factors are identified by the Centers for Disease Control as most commonly contributing to foodborne illness. la Food Not Properly Labeled for Sale Cited on August 23, 2012 lb Moldy Food Cited on August 23, 2012 Cited on October 2, 2012 Cited on November 13, 2012 Cited on March 21, 2013 lb Dented Cans Cited on August 23, 2012 *lb Food Not Protected From Contamination Cited on July 31, 2013 Cited on November 7, 2013 *Due to regulation changes not protecting food from contamination moved from a 9b (non -critical) to a lb (critical). lc Raw animal product stored above ready -to -eat foods Cited on July 31, 2013 Cited on November 7, 2013 2c Improper Hand Washing Cited on August 23, 2012 Cited on March 21, 2013 2d Hygienic Practices Cited on August 23, 2012 2e Employee Drink in Food Preparation Area Cited on August 23, 2012 2f Inadequate Demonstration of Knowledge Cited on August 23, 2012 Cited on October 2, 2012 Cited on November 13, 2012 Cited on March 21, 2013 Cited on November 7, 2013 2g Bare Hand Contact with Ready to Eat Foods Cited on March 21, 2013 3e Improper Cold Hold Cited on October 2, 2012 Cited on March 21, 2013 Cited on June 5, 2013 Cited on November 7, 2013 3f No Food Thermometer Cited on August 23, 2012 Cited on October 2, 2012 Cited on June 5, 2013 Cited on November 7, 2013 3g Inadequate Equipment to Maintain Food Temperature Cited on March 21, 2013 5b No Hot and/or Cold Water Cited on October 2, 2012 Cited on July 31, 2013 Cited on November 7, 2013 5c No Backflow Protection Cited on November 7, 2013 6a Inadequate Number of Hand Sinks Cited on August 23, 2012 6b Hand Sink Not Accessible Cited on August 23, 2012 Cited on October 2, 2012 6c No Soap and/or Paper Towel Found at Hand Sinks Cited on August 23, 2012 Cited on October 2, 2012 Cited on November 13, 2012 Cited on June 5, 2013 7a Evidence of Pests Cited on March 21, 2013 Cited on July 31, 2013 Cited on November 7, 2013 7b Improper method of Pest Control Cited on November 7, 2013 8b Unlabeled Toxic Substance Cited on November 13, 2012 Cited on November 7, 2013 8c Toxic Item Improperly Used Cited on March 21, 2013 *9b Protected from Contamination Cited on November 13, 2012 Cited on March 21, 2013 Cited on June 5, 2013 *Due to regulation changes cited as lb on subsequent inspections 10b Improper Equipment Design Cited March 21, 2012 Cited on November 7, 2013 11c No Test Strips Available Cited on August 23, 2012 13b Improper Utensil Storage Cited on March 21, 2013 Cited on July 31, 2013 14a Plumbing in Disrepair Cited on October 2, 2012 Cited on November 13, 2012 Cited on November 7, 2013 14c Ceiling in Disrepair Cited on November 13, 2012 Cited on July 31, 2013 Cited on November 7, 2013 (floor) Cited on November 7, 2013 (ceiling) 14g Open Door to Kitchen Cited on July 31, 2013 Cited on November 7, 2013 14i Restroom in Disrepair Cited on August 23, 2012 Cited on October 2, 2012 Cited on March 21, 2013 LETTERS ISSUED October 17, 2012 December 5, 2012 January 8, 2013 April 2, 2013 April 25, 2013 June 25, 2013 August 14, 2013 November 14, 2013 First Notification of Non -Compliance for violations lb, 2f, 3f, 6b and 14i (6c) Second Notification of Non -Compliance for violation lb, 2f, 6c First Notification of Non -Compliance for violation 14a and Compliance Warning for 3f, 6b and 14i First Notice of Civil Penalty ($250.00) and Compliance Warning for violation lb, 2f, 6c and Compliance Warning for 14a Second Notice of Civil Penalty ($500.00) and Notice of Enforcement Meeting for lb (moldy food), 2f, and 14i Formalization of Enforcement Meeting First Notice of Non -Compliance for violations 3e and 9b (food not protected from contamination) Compliance Warning for lb (moldy food), 2f, and 14i Second Notification of Non -Compliance for violation lb (food not protected from contamination) Notice of Civil Penalty for lb and Notification of Hearing INSPECTIONS CONDUCTED August 23, 2012 Regular Inspection October 2, 2012 Follow -Up Inspection November 13, 2012 Follow -Up Inspection Conducted by A. Crawford and D. Adamson Conducted by A. Crawford and S. Fassman Conducted by A. Crawford and D. Adamson December 19, 2012 March 21, 2013 June 5, 2013 July 31, 2013 November 7, 2013 Follow -Up Inspection Regular Inspection Follow -Up Inspection Follow -Up Inspection Follow-up Inspection Conducted by A. Conducted by A. Conducted by A. Conducted by A. Conducted by D. Crawford and D. Adamson Crawford and S. Fassman Crawford and D. Adamson Crawford and D. Adamson Joseph and K. Bevel 11/25/2013 Carniceria y Restaurante Munoz Date: November 27, 201 3 Hearing with Board of County Commissioners Statutory and Regulatory Foundation ► By the authority of the Colorado Revised Statutes we have the responsibility to ensure a safe food supply in retail food establishments. This is accomplished through the use of a uniform code of sanitary rules (the Colorado Retail Food Establishment Rules and Regulations). The rules include provisions on the following: • Preparation, sale and serving of food • Wholesomeness of food and drink • Equipment design and construction • Sanitary maintenance of facility • Source and protection of food and water • Chemical storage and use • Employee hygiene • Maintenance of proper food temperatures • Other 1 11/25/2013 The Effects of Foodborne Illness Most foodborne illnesses last only a few days with diarrhea, vomiting, nausea, cramping, chills, headache and body aches being the major symptoms. Others can cause long-term health problems, including: organ damage or failure high blood pressure • neurological dysfunction • paralysis • miscarriage, stillbirth, premature birth • reactive arthritis syndromes • Guillain-Barre syndrome The Effects of Foodborne Illness 3,000 people each year die of food borne illness, usually from one of the high risk groups: the elderly the very young pregnant women those who are immune system compromised by other health problems such as diabetes, organ transplants, HIV/AIDS, chemotherapy, etc. 2 11/25/2013 Colorado Revised Statutes, Section 25-4-1611 (3) A maximum of three civil penalties may be assessed against a licensee or other person operating a retail food establishment in any twelve-month period. Whenever a third civil penalty is assessed in a twelve-month period, the department or local board of health shall initiate proceedings to suspend or revoke the license of the licensee pursuant to section 25- 4-1609. Colorado Revised Statutes, Section 25-4-1609 ► (1) The department or a county or district board of health may, on its own motion or complaint and after an investigation and hearing at which the licensee is afforded an opportunity to be heard, suspend or revoke a license or certificate of license for any violation of this part 16, any rule adopted pursuant to this part 16, or any of the terms, conditions, or provisions of such license or certificate of license. A written notice of suspension or revocation, as well as any required notice of hearing, shall be sent by certified mail to the licensee at the address contained in the license or certificate of license. ► (2) Except in cases of closure due to an imminent health hazard, proceedings for the revocation or suspension of a license or certificate of license may not be commenced until after the imposition of the penalties prescribed by section 25-4-1611. The maximum period of suspension is six months. When a license or certificate of license is suspended or revoked, no part of the fees paid for a license may be returned to the licensee. 3 11/25/2013 Why Are We Here? Since August 2012, the Department has conducted 2 regular inspections and 6 follow-up inspections. The facility was put on limited operation on October 12, 2012, and on July 31, 2013, due to being without hot water. The facility has been issued: 7 enforcement letters 3 civil penalties Civil penalties ($250, $500 and $500) were assessed for moldy food, training needed, lack of soap at hand sinks, restroom in disrepair, and not protecting food from contamination. An enforcement meeting was held on April 18, 2013. Risk Factor Critical Violations Cited at Carniceria y Restaurante Munoz ► Food Not Properly Labeled for Sale ► Cross Contamination ► Improper Hand Washing ► Poor Hygienic Practices ► Bare Hand Contact with Ready -to -Eat Food ► Improper Cold Holding/Time and Temperature ► Inadequate Equipment to Maintain Food Temperature ► Inadequate Number of Hand Sinks ► Hand Sinks Not Accessible ► Hand Sinks Not Provided with Soap and/or Paper Towels Note: Facility has been cited 19 times in these categories from August 23, 2012 through November 201 3. 4 11/25/2013 Critical Violations Cited at Carniceria y Restaurante Munoz Of the 66 violations cited, 47 were critical violations (71%). Of those critical violations, 19 were food borne illness risk factor violations (40%). 5 11/25/2013 Why Are We Here? Critical Violations noted since August 201 2 Food not properly labeled for sale" Moldy food Dented cans Food not protected from contamination Food not protected from cross contamination Improper hand washing: Improper hygienic practices" Unable to demonstrate food safety knowledge Bare hand contact with ready - to -eat food Improper cold holding of potentially hazardous foods` No food thermometer Inadequate equipment to maintain food temperature" No hot and/or cold water No backflow prevention Inadequate number of hand sinks" Hand sink not accessible` No soap and/or paper towel found at hand sink* Evidence of pests Improper method of pest control Unlabeled toxic substance Toxic item improperly used *Centers for Disease Control foodborne illness risk factor violation 6 11/25/2013 Carniceria Y Restaurante Munoz Violation History 10 to O Number of Vi S 6 4 2 0 13 9 7 13 4 5 4 Number of Violations • Enforcement Regular Follow-up 1st NOV Follow-up 2nd NOV Follow-up 1st CP Regular 2nd CP & Follow-up Follow-up Follow-up EM 3rd CP& Hearing 10 11/25/2013 Summary of Enforcement Meeting April 18, 201 3 After the assessment of the second civil penalty for ongoing issues related to moldy food items and staff being unable to demonstrate knowledge of food safety practices, an enforcement meeting was held with Eduardo Munoz to discuss the continuing violations at the facility. The Department discussed multiple corrective actions that the managers could use to come into compliance, including: Designating staff with responsibility to check produce condition Designating an area for items that need return to vendor Food safety education Acquiring a food safety consultant Consequences of continued non-compliance including hearing with the Board of County Commissioners and additional civil penalty The $500.00 civil penalty was paid following the enforcement meeting. The facility paid $420.00 with the remaining balance being met through staff attending food safety training. Summary • Due to continued non-compliance with the Regulations, and the potential impact on the public's health, the Department recommends the following actions: • A license suspension during which an outside consultant is utilized to provide formal food safety education, training and review of physical environment. • Consideration by the owners of limiting the number of food activities occurring onsite. Currently, there is a restaurant, a bakery, a meat -cutting operation, and a market. Trying to sustain all these operations in the small square footage is contributing to the lack of control over risk factors. • Consideration of a change in management of this location. • An additional two inspections within the two weeks following license suspension with the objective being that the facility remain in substantial compliance with Regulations and has no repeat critical violations. • Payment of the $500.00 civil penalty that has been assessed. 11 11/25/2013 Recent Suspension Hearings 2010 to 2013 Nunn Caf�- 0 days La Maravilla- 0 days Roggen Food and Gas - 0 days Culvers- 1 day Double Tree- 1 day El Pueblito- 1 day ► Waffle House- 1 day Facilities that geerally had one overriding issue ► Alberto's- 8 days Los Gallitos- 28 days total (2- 14 day) Taco Express- 7 days Los Pichones (facility closed prior to hearing) Facilities t at had multiple violations that were repeated 12 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N. 17th Avenue Greeley, CO 80631 Public Health Web: www.weldhealth.orq Health Administration Public Health & Clinical Environmental Health Communication, Emergency Preparedness Vital Records Services Services Education & Planning & Response Tele: 970.304.6410 Tele: 970.304.6420 Tele: 970.304.6415 Tele: 970.304.6470 Tele: 970.304.6420 Fax: 970.304.6412 Fax: 970.3046416 Fax: 970.304.6411 Fax: 970.304.6452 Fax: 970.304.6469 Our vision: Together with the communities we serve, we are working to make Weld County the healthiest place to live, learn, work and play. November 14, 2013 Hand delivered Liliana Lozano 3502 Dahlia Street Evans, Colorado 80620 RE: Carniceria y Restaurante Munoz, 1005 Broad Street, Milliken, Colorado NOTIFICATION OF HEARING NOTICE OF CIVIL PENALTY RETAIL FOOD ESTABLISHMENT NON -COMPLIANT Dear Ms. Lozano: You, Liliana Lozano, are hereby notified that the Weld County Department of Public Health and Environment (Department) has determined that Carniceria y Restaurante Munoz located at 1005 Broad Street in Milliken, Colorado, has been found in violation of the provisions of Part 16, Title 25, Article 4 of the Colorado Revised Statutes (C.R.S.) and the Colorado Retail Food Establishment Rules and Regulations. You, as licensee, have been granted a hearing under the provisions of 24-4-101, C.R.S. You have been notified of the items lb (food not protected from contamination) in writing, have been given an opportunity to comply and you remain in violation. Background Summary: March 21, 2013 A regular inspection was conducted in which 9b (food not protected from contamination) was cited. June 5, 2013 A follow-up inspection was conducted in which 9b (food not protected from contamination) was cited. June 25, 2013 A First Notice of Non -Compliance for violation 9b (food not protected from contamination) was issued and sent to 3502 Dahlia Street, Evans, Colorado, via regular mail. It was not returned to the Department as undeliverable. Carniceria y Restaurante Munoz November 14, 2013 Page 2 July 31, 2013 A follow-up inspection was conducted in which *lb (food not protected from contamination) was cited. This is the same violation previously cited as a 9b. The numerical change is due to regulation revisions. August 14, 2013 A Second Notification of Non -Compliance for violation lb (food not protected from contamination) was issued and sent to 3502 Dahlia Street, Evans, Colorado via regular mail. It was not returned to the Department as undeliverable. November 7, 2013 A follow-up inspection was conducted in which lb (food not protected from contamination) was cited. Pursuant to the above information and as provided in Section 25-4-1611 (I), C.R.S. 1998, Repl. Vol., you are hereby ordered to pay the civil penalty in the full amount of $500.00 (five hundred dollars). Such civil penalty must be received by the Weld County Department of Public Health and Environment within ten (10) days from the receipt of this letter. Checks must be made payable to Weld County Department of Public Health and Environment (WCDPHE). Please note that as this is your third civil penalty assessment within a 12 -month period and as such you are scheduled to appear before a public meeting of the Weld County Board of Commissioners on November 27, 2013 at 9:00 a.m. The hearing will be held at the Weld County Administration Building, located at 1150 O Street, Greeley, Colorado, during the regular Board meeting. The Board will be requested to authorize legal action to enjoin the operation of your establishment unless and until you are in compliance with the Colorado Retail Food Establishment Rules and Regulations. The Board will also be requested to authorize the County Attorney to seek a judgment for the amount of the civil penalty assessed. If you need assistance in complying with this Notification of Hearing Third Civil Penalty or if there is additional information you feel we need to be aware of, please contact us at (970) 304-6415. If payment has been made or you feel you have received this letter in error, please contact us so that we may update our records. Sincerely, Angie Crawford Environmental Health Specialist Environmental Health Services Debra Adamson, MPH Consumer Protection Manager Environmental Health Services cc: Trevor Jiricek, M.A.E.S., Director, Environmental Health Services Mark E. Wallace, MD, MPH, Director, Weld County Department of Public Health and Environment Bruce Barker, Weld County Attorney Brad Yatabe, Weld County Attorney DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N. 17th Avenue Greeley, CO 80631 Web: www.weldhealth.orq PabIlCHeatth Health Administration Public Health & Clinical Environmental Health Communication, Emergency Preparedness Vital Records Services Services Education & Planning & Response Tele: 970.304.6410 Tele: 970.304.6420 Tele: 970.304.6415 Tele: 970.304.6470 Tele: 970.304.6420 Fax: 9703046412 Fax: 970.304.6416 Fax: 970.304.6411 Fax: 970.304.6452 Fax: 970.304.6469 Our vision: Together with the communities we serve, we are working to make Weld County the healthiest place to live, learn, work and play. August 14, 2013 Ms. Liliana Lozano 3502 Dahlia Street Evans, Colorado 80620 RE: Carniceria y Restaurante Munoz, 1005 Broad Street, Milliken, Colorado SECOND NOTIFICATION OF NON-COMPLIANCE RETAIL FOOD ESTABLISHMENT Dear Ms. Liliana Lozano: On July 31, 2013, an Environmental Health Specialist with the Weld County Department of Public Health and Environment conducted a follow-up inspection of Camiceria y Restaurante Munoz, licensed by you Liliana Lozano, located at 1005 Broad Street, in Milliken, Colorado. The purpose of this inspection was to determine compliance with the violations of the Colorado Retail Food Establishment Rules and Regulations previously noted in the First Notification of Non -Compliance dated June 25, 2013. The following item was found to be in violation of the subject regulations (* denotes a critical violation): VIOLATIONS *lb) Found several shelf stable food items (including open bags of cake batter, hominy in a tom bag, produce being temporarily stored for transport to different facility) in non functioning walk-in behind facility. The walk-in was cluttered with bags of charcoal, dirty pans and several other non essential items. Evidence of rodents was also present. Food shall be protected from contamination at all times. REPEAT VIOLATION (previously cited as a 9b). Section 3-404 of the Colorado Retail Food Establishment Rules and Regulations states: "At all times, including while being stored, prepared, displayed, dispensed, packaged, or transported, food shall be protected from cross contamination between foods and from potential contamination by insects, insecticides, rodents, rodenticides, other toxins, probe -type price tags or probe -type identification tags, unclean equipment and utensils, unnecessary handling, flooding, draining, overhead leakage or condensation, or other agents of public health significance. The same violation (previously cited as 9b due to regulation revisions) was also cited on March 21, 2013, and June 5, 2013, and was to be corrected immediately and corrected within 2 weeks, respectively. Carniceria y Restaurante Munoz August 14, 2013 Page 2 Therefore, pursuant to sections 25-1-107, 25-1-109, 25-4-1610(c) and 25-4-1611 Colorado Revised Statutes, you as the licensee are hereby ordered to immediately correct deficiency lb and maintain the correction so as to comply with the Colorado Retail Food Establishment Rules and Regulations. Specifically, enact and enforce Standard Operating Procedures (SOPs) to ensure ongoing compliance with the Colorado Retail Food Establishment Rules and Regulations by training employees on protecting food from contamination. The Weld County Department of Public Health and Environment shall assess compliance during the next follow-up inspection. Any written statement or data concerning the deficiency set forth above will be considered by the Department. Please be advised, because the same violations has been cited during the previous (3) inspections, a civil penalty will be assessed during the next follow-up inspection. If you are found to be in compliance during the next inspection the assessed civil penalty will be no less than two hundred fifty dollars ($250) and no more than five hundred dollars ($500). If you are found to be in non-compliance during the next follow- up inspection, a civil penalty will be assessed that is no less than five hundred dollars ($500) and no more than one thousand dollars ($1000). A flow -chart detailing the Retail Food Establishment Civil Penalty Process has been enclosed for your information. If you need assistance in complying with this Second Notification of Non -Compliance or if there is additional information you feel we need to be aware of, please do not hesitate to contact Angie Crawford at (970) 304- 6415 extension 2208. Sincerely, Angie Crawford Environmental Health Specialist Environmental Health Services Debra Adamson, MPH Consumer Protection Manager Environmental Health Services cc: Dan Joseph, Food Program Coordinator, Environmental Health Services DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N. 17th Avenue Greeley, CO 80631 Public Health Web: http://www.weldhealth.orq Health Administration Public Health & Clinical Environmental Health Communication, Emergency Preparedness Vital Records Services Services Education & Planning & Response Tele: 970.304.6410 Tele_ 970.304.6420 Tele: 970.304.6415 Tele: 970.304.6470 Tele: 970.304.6420 Fax: 970.304.6412 Fax: 970.304.6416 Fax: 970.304.6411 Fax: 970.304.6452 Fax: 970.304.6469 Our vision: Together with the communities we serve, we are working to make Weld County the healthiest place to line, learn, work and play June 25, 2013 Ms. Liliana Lozano 3502 Dahlia Street Evans, Colorado 80620 RE: Carniceria y Restaurante Munoz, 1005 Broad Street, Milliken, Colorado COMPLIANCE WARNING RETAIL FOOD ESTABLISHMENT Dear Ms. Liliana Lozano: On June 5, 2013, an Environmental Health Specialist with the Weld County Department of Public Health and Environment conducted a follow-up inspection of Carniceria y Restaurante Munoz, licensed by you Liliana Lozano, located at 1005 Broad Street, in Milliken, Colorado, to determine compliance with the Second Notification of Civil Penalty issued by the Weld County Department of Public Health and Environment to Carniceria y Restaurante Munoz on April 2, 2013. The establishment was found to be in compliance with the subject of the Second Notification of Civil Penalty. However, please be advised that if violations of the items lb (moldy food), 2f (training needed), and 14i (restroom in disrepair) of the Colorado Retail Food Establishment Rules and Regulations as cited in the Second Notification of Civil Penalty of April 2, 2013 are found to exist during the next regular inspection, a Third Notification of Civil Penalty will be issued and you, as licensee, will be subjected to an additional assessment of a civil penalty of not less than one thousand dollars ($1,000). In addition, since this would be the third civil penalty assessed within a 12 -month period, a hearing will be scheduled with the Board of County Commissioners and a recommendation will be made for license suspension/revocation. Should you have any questions concerning this correspondence or if you desire any assistance, please feel free to contact Angie Crawford at (970) 304-6415 extension 2208. Sincerely, Angie Crawford Environmental Health Specialist Environmental Health Services Debra Adamson Consumer Protection Manager Environmental Health Services cc: Dan Joseph, Food Program Coordinator, Environmental Health Services DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N. 17th Avenue Greeley, CO 80631 Public Health Web: www.weldhealth.orq Health Administration Public Health & Clinical Environmental Health Communication, Emergency Preparedness Vital Records Services Services Education & Planning & Response Tele: 970.304.6410 Tele: 970.3046420 Tele: 970.304.6415 Tele: 970.304.6470 Tele: 970.304.6420 Fax: 970.304.6412 Fax: 9703046416 Fax: 970.304.6411 Fax: 9703046452 Fax: 970.304.6469 Our vision: Together with the communities we serve, we are working to make Weld County the healthiest place to live, learn, work and play. June 25, 2013 Ms. Liliana Lozano 3502 Dahlia Street Evans, Colorado 80620 RE: Carniceria y Restaurante Munoz, 1005 Broad Street, Milliken, Colorado FIRST NOTIFICATION OF NON-COMPLIANCE RETAIL FOOD ESTABLISHMENT Dear Ms. Liliana Lozano: On June 5, 2013, an Environmental Health Specialist with the Weld County Department of Public Health and Environment conducted a follow-up inspection of Camiceria y Restaurante Munoz, licensed by you Liliana Lozano, located at 1005 Broad Street, in Milliken, Colorado. The following items were found to be in violation of the Colorado Retail Food Establishment Rules and Regulations (* denotes a critical violation): VIOLATIONS *3e) Meat cooler in store area not holding appropriate temperature. Food measured from 44 to 48 degrees F. All potentially hazardous food shall be cold held at 41 degrees F or less. Corrected by placing food in different cold hold in kitchen area. All meat will be cooked to 165 degrees F before serving to customers. Corrected during inspection. Section 3-501 A of the Colorado Retail Food Establishment Rules and Regulations states: "The temperature of potentially hazardous foods (time/temperature control for safety foods) shall be 41 degrees F or below or 135 degrees F or above, at all times, except during necessary periods of preparation or as otherwise provided in this code." 9b) Cake batter mix being stored in non functioning walk-in cooler with door open. Food shall be protected from contamination at all times. If walk-in is to be used as dry storage all non essential items shall be removed and door shall be kept closed. Correct within 2 weeks. (In the future, due to regulation revisions, this will be cited as a critical violation lb.) Section 3-404 of the Colorado Retail Food Establishment Rules and Regulations states: "At all times, including while being stored, prepared, displayed, dispensed, packaged, or transported, food shall be protected from cross contamination between foods and from potential contamination by insects, insecticides, rodents, rodenticides, other toxins, probe type price tags or probe -type identification tags, Carniceria Y Restaurante Munoz June 25, 2013 Page 2 unclean equipment and utensils, unnecessary handling, flooding, draining, overhead leakage or condensation, or other agent of public health significance. " Violation numbers 3e and 9b were also cited during an inspection of this facility on March 21, 2013. The deficiencies were to be maintained corrected (3e) and corrected immediately (9b). Therefore, pursuant to sections 25-1-107, 25-1-109, 25-4-1610(c) and 25-4-1611 of the Colorado Revised Statutes, you as the licensee are hereby ordered to maintain correction of the deficiency (3e) and correct immediately the deficiency (9b) so as to comply with the Colorado Retail Food Establishment Rules and Regulations. The Weld County Department of Public Health and Environment shall assess compliance during the next follow-up inspection. Any written statement or data concerning the deficiencies set forth above will be considered by the Department. Failure to comply with the provisions of this First Notification of Non -Compliance by continued or additional violations within the categories of rules and regulations of which you are notified herein, may subject you, as licensee, to a civil penalty which may be assessed by the Department. The amount of the civil penalty would be no less than two hundred and fifty dollars ($250) and not more than one thousand dollars ($1,000). In addition, please note that if any civil penalty is assessed for any reason prior to January 2014, a hearing will be scheduled with the Weld County Commissioners with the Department recommending for license suspension /revocation, as explained in the enforcement meeting of held on April 18, 2013. If you need assistance in complying with this First Notification of Non -Compliance or if there is additional information you feel we need to be aware of, please do not hesitate to contact Angie Crawford at (970) 304- 6415 extension 2208. Sincerely, Angie Crawford Environmental Health Specialist Environmental Health Services Debra Adamson Consumer Protection Manager Environmental Health Services cc: Dan Joseph, Food Program Coordinator, Environmental Health Services DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N. 17th Avenue Greeley, CO 80631 Public Health Web: www.weldhealth.orq Health Administration Public Health & Clinical Environmental Health Communication, Emergency Preparedness Vital Records Services Services Education & Planning & Response Tele: 970.304.6410 Tele: 9703046420 Tele: 970.304.6415 Tele: 970.304.6470 Tele: 970.304.6420 Fax: 970.304.6412 Fax: 970.304.6416 Fax: 970.304.6411 Fax: 970.304.6452 Fax: 970.304.6469 Our vision: Together with the communities we serve, we are working to make Weld County the healthiest place to live, learn, work and play. April 25, 2013 Ms. Liliana Lozano 3502 Dahlia Street Evans, Colorado 80620 RE: Carniceria y Restaurante Munoz, 1005 Broad Street, Milliken, Colorado FORMALIZATION OF ENFORCEMENT MEETING Dear Ms. Lozano: This letter is to formalize the meeting that was held on April 18, 2013, concerning issues of non-compliance at Carniceria y Restaurante Munoz which is located at 1005 Broad Street in Milliken, Colorado. Dan Joseph and Debra Adamson met with Edwardo Mufioz (manager) to discuss concerns and to develop a plan of correction for the outstanding violations. At this time the Department has two main concerns regarding food safety: being unable to properly demonstrate knowledge to staff and having moldy food items. However, other violations were discussed as these have the potential to become issues if not resolved. We discussed correction options with Mr. Munoz in an attempt to ensure that these violations would not be cited on future inspections. We also made the recommendation to obtain a food safety consultant to help with the issues noted prior to our next inspection (list of consultants attached). You stated that to control the moldy food issue the facility will have designated staff whose responsibility will include checking produce condition daily. In addition, an area will be designated in the cooler for any food items that need to be returned to the vendor. To control the demonstration of knowledge issue, four employees attended the food safety class that was provided on April 22, 2013, by our Department. During our discussions, you were provided: • the last two (2) years of inspection reports (August 2012 to March 2013) • a summary showing the number and types of violations since August 2012 • enforcement letters since August 2012 • a manual on active managerial control entitled "Managing Food Safety: A Manual for the Voluntary use of HACCP Principles for Operators of Food Service and Retail Establishments" Carniceria y Restaurante Munoz April 25, 2013 Page 2 In addition, it was explained that if any violations of lb (moldy food) or 2f (unable to demonstrate food safety knowledge) are cited during the next follow-up inspection, or the regular inspection after that, Carniceria y Restaurante Munoz will receive an additional civil penalty in the amount of one thousand dollars ($1,000.00) and will have a formal hearing with the Board of County Commissioners (BOCC) at which time the Weld County Department of Public Health and Environment (Department) will recommend for license suspension and/or revocation. Further it was explained that if the facility has an additional civil penalty assessment for any violation before January 2014, a formal hearing will be scheduled with the BOCC at which time the Department will recommend for license suspension and/or revocation. Finally, the assessment of the current five hundred dollar ($500.00) civil penalty was discussed. Half of the assessed civil penalty is to be paid by April 26, 2013. Documents may be submitted in lieu of payment for the remaining balance provided that those documents have applicable expenses and reach a value of two hundred and fifty dollars ($250.00). The receipts and documents are due to our office by the end of the day, Friday, April 26, 2013. We trust this letter accurately summarizes our meeting and your commitments. If it does not, or if you are unable to meet these terms, please contact us as soon as possible so that we may clarify any misunderstanding. If you have any questions, please contact Dan Joseph at 970-304-6415 extension 2206. Sincerely, Dan Joseph Food Program Coordinator Environmental Health Services Debra Adamson, MPH Consumer Protection Manager Environmental Health Services DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N. 17th Avenue Greeley, CO 80631 Public Health p —en, pro —me Web: www.weldhealth.orq Health Administration Public Health & Clinical Environmental Health Communication, Emergency Preparedness Vital Records Services Services Education & Planning & Response Tele: 970.304.6410 Tele: 970.304.6420 Tele: 970.304.6415 Tele: 970.304.6470 Tele: 970.304.6420 Fax: 970.304.6412 Fax: 970.3046416 Fax: 970.304.6411 Fax: 970.304.6452 Fax: 970.304.6469 Our vision: Together with the communities we serve, we are working to make Weld County the healthiest place to live, learn, work and play. April 2, 2013 Ms. Liliana Lozano 3502 Dahlia Street Evans, Colorado 80620 RE: Carniceria y Restaurante Munoz, 1005 Broad Street, Milliken, Colorado SECOND NOTICE OF CIVIL PENALTY AND NOTICE OF ENFORCEMENT MEETING RETAIL FOOD ESTABLISHMENT Dear Ms. Lozano: You, Liliana Lozano, are hereby notified that the Weld County Department of Public Health and Environment has determined that Carniceria y Restaurante Munoz, located at 1005 Broad Street, in Milliken, Colorado, has been found in violation of the provisions of Part 16, Title 25, Article 4, of the Colorado Revised Statutes (C.R.S.) and the Colorado Retail Food Establishment Rules and Regulations. You, as licensee, have been notified of the items lb (moldy food), 2f (training needed), and 14i (restroom in disrepair) in writing, have been given an opportunity to comply, and you have again been found to be in violation. Background Summary August 23, 2012 A regular inspection was conducted in which violations 1b (moldy food), 2f (training needed), and 14i (restroom in disrepair) were cited. October 2, 2012 A follow-up inspection was conducted in which violations lb (moldy food), 2f (training needed), and 14i (restroom in disrepair) were cited. October 17, 2012 A First Notification of Non -Compliance was issued for violations lb (moldy food), 2f (training needed), and 14i (restroom in disrepair). November 13, 2012 A follow-up inspection was conducted where violation lb (moldy food) and 2f (training needed) were cited December 5, 2012 A Second Notification of Non -Compliance was issued for violation lb (moldy food) and 2f (training needed). A Compliance Warning was issued for violation 14i (restroom in disrepair) stating that if at the next regular inspection violation 14i was cited a Second Notification of Non -Compliance would be issued. Carniceria y Restaurante Munoz April 2, 2013 Page 2 December 19, 2012 A follow-up inspection was conducted in which no violations were cited. January 8, 2013 March 21, 2013 A Notice of Civil Penalty for $250.00 (two hundred and fifty dollars) and Compliance Warning was issued for violations lb (moldy food) and 2f (training needed). A regular inspection was conducted in which violations 1 b (moldy food), 2f (training needed), and 14i (restroom in disrepair) were cited. Pursuant to the above information and as provided in Section 25-4-1611 (1), C.R.S. 1998, Repl. Vol., you are hereby ordered to pay the civil penalty in the full amount of $500.00 (five hundred dollars). Such civil penalty must be received by the Weld County Department of Public Health and Environment within ten (10) days from the receipt of this letter. Checks must be made payable to Weld County Department of Public Health and Environment (WCDPHE). Failure to pay the penalty amount in full will subject you to further enforcement proceedings, including license suspensions or revocation. Note: The facility may use up to 50% of the assessed civil penalty to obtain long term compliance with the violation(s) noted. Use of these funds must be approved by the Department prior to use. Once the agreed upon items have been obtained, ordered, or training scheduled/attended, documentation of the expenditure must be provided to the Department. The civil penalty will be considered unfulfilled until such time that payment and documentation have been received by the Department. Should you wish to contest the department's findings, you have a right to request a hearing on this matter under the provisions of 24-4-101, C.R.S., or as approved by local legal counsel. Such request must be made in writing within ten (10) days of the date of this letter to the Weld County Department of Public Health and Environment at 1555 North 17th Avenue, Greeley, Colorado. Failure to comply with the provisions of this Notice of Civil Penalty by continued or additional violations within the categories of rules and regulations of which you are notified herein, will subject you, as licensee, to a civil penalty which may be assessed by the Department. The amount of the civil penalty would be no less than one thousand dollars ($1,000). Be advised that under the provisions of 25-4-1611, CRS, that the assessment of a third civil penalty will result in the Department initiating action to suspend or revoke your retail food establishment license. In addition, this Department is requesting your attendance at an enforcement meeting to be held at the Weld County Department of Public Health and Environment, Environmental Health Services Division, 1555 North 17th Avenue, Greeley, Colorado, on April 18th at 2:00 p.m. Please come prepared to discuss the ongoing non-compliance issues at your facility. If you require assistance in complying with this Second Notice of Civil Penalty or if there is additional information you feel we need to be aware of, please do not hesitate to contact Angie Crawford at (970) 304-6415 extension 2208 or Debra Adamson at extension 2243. Sincerely, Angie Crawford Environmental Health Specialist Environmental Health Services Dan Joseph Food Program Coordinator Environmental Health Services cc: Debra Adamson, Consumer Protection Manager, Environmental Health Services DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N. 17th Avenue Greeley, CO 80631 Public Health Web: www.weldhealth.orq Health Administration Public Health & Clinical Environmental Health Communication, Emergency Preparedness Vital Records Services Services Education & Planning & Response Tele: 970.304.6410 Tele: 970.304.6420 Tele: 970.304.6415 Tele: 970.304.6470 Tele: 970.304.6420 Fax: 970.304.6412 Fax: 970.304.6416 Fax: 970.304.6411 Fax: 970.304.6452 Fax: 970.304.6469 Our vision: Together with the communities we serve, we are working to make Weld County the healthiest place to live, learn, work and play. January 8, 2013 Ms. Liliana Lozano P.O. Box 113 Milliken, Colorado 80543 RE: Carniceria y Restaurante Munoz, 1005 Broad Street, Milliken, Colorado NOTICE OF CIVIL PENALTY AND COMPLIANCE WARNING RETAIL FOOD ESTABLISHMENT Dear Ms. Lozano: The Weld County Depat bnent of Public Health and Environment conducted a follow-up inspection on December 19, 2012, to determine compliance with the Second Notification of Non -Compliance as cited on December 5, 2012. It was determined that Carniceria y Restaurante Munoz, located at 1005 Broad Street, in Milliken, Colorado, has come into compliance with the violations lb (moldy food), 2f (training needed), and 6c (lack of soap at hand sinks) as cited in the Second Notification of Non -Compliance. Pursuant to the above information and as provided in Section 25-4-1611 (I), Colorado Revised Statutes (C.R.S.) 1998, Repl. Vol., you are hereby ordered to pay the civil penalty in the full amount of $250.00 (two hundred fifty dollars). Such civil penalty must be received by the Weld County Department of Public Health and Environment within ten (10) days from the receipt of this letter. Checks must be made payable to Weld County Department of Public Health and Environment (WCDPHE). Failure to pay the penalty amount in full will subject you to further enforcement proceedings, including license suspensions or revocation. Note: The facility may use up to 50% of the assessed civil penalty to obtain long term compliance with the violation(s) noted. Use of these funds must be approved by the Department prior to expenditure. Once the agreed upon items have been obtained, ordered, or training scheduled/attended, documentation of the expenditure must be provided to the Department. The civil penalty will be considered unfulfilled until such time that payment and documentation have been received by the Department. Should you wish to contest the department's findings, you have a right to request a hearing on this matter under the provisions of 24-4-101, C.R.S., or as approved by local legal counsel. Such request must be made in writing within ten (1 0) days of the date of this letter to the Weld County Department of Public Health and Environment at 1555 North 17th Avenue, Greeley, Colorado. However, please be advised that if violations of the items 1 b (moldy food), 2f (training needed), or 6c (lack of soap at hand sinks) of the Colorado Retail Food Establishment Rules and Regulations as cited in the Second Notification of Non - Compliance of December 5, 2012, are found to exist during the next regular inspection, a Notification of Civil Penalty Carniceria y Restaurante Munoz January 8, 2013 Page 2 will be issued and you, as licensee, will be subjected to an assessment of an additional civil penalty of not less than two hundred and fifty dollars ($250.00) nor more than five hundred dollars ($500.00). Compliance Warning On December 19, 2012, an Environmental Health Specialist with the Weld County Department of Public Health and Environment conducted a follow-up inspection of Carniceria y Restaurante Munoz, licensed by you Liliana Lozano, located at 1005 Broad Street, in Milliken, Colorado, to determine compliance with the First Notification of Non - Compliance issued by the Weld County Department of Public Health and Environment to Carniceria y Restaurante Munoz on December 5, 2012. The establishment was found to be in compliance with the subject First Notification of Non -Compliance as it relates to item 14a (mop sink in disrepair). However, please be advised that if violations of item I4a of the Colorado Retail Food Establishment Rules and Regulations as cited in the First Notification of Non -Compliance of December 5, 2012, are found to exist during the next regular inspection, you will be issued a Second Notification of Non -Compliance on this matter. If you need assistance in complying with this Notice of Civil Penalty or Compliance Warning or if there is additional information you feel we need to be aware of, please do not hesitate to contact Angie Crawford at (970) 304-6415 extension 2208. Sincerely, Angie Crawford Environmental Health Specialist Environmental Health Services Debra Adamson, MPH Consumer Protection Manager Environmental Health Services DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N. 17th Avenue Greeley, CO 80631 Public Health Web: www.weldhealth.orq Health Administration Public Health & Clinical Environmental Health Communication, Emergency Preparedness Vital Records Services Services Education & Planning & Response Tele: 970.304.6410 Tele: 970.304.6420 Tele: 970.304.6415 Tele: 970.304.6470 Tele: 970.304.6420 Fax: 970.3046412 Fax: 970.304.6416 Fax: 970.304.6411 Fax: 970.304.6452 Fax: 970.304.6469 Our vision: Together with the communities we serve, we are working to make Weld County the healthiest place to live, learn, work and play. December 5, 2012 Ms. Liliana Lozano P.O. Box 113 Milliken, Colorado 80543 RE: Carniceria y Restaurante Munoz, 1005 Broad Street, Milliken, Colorado FIRST NOTIFICATION OF NON-COMPLIANCE SECOND NOTIFICATION OF NON-COMPLIANCE COMPLIANCE WARNING RETAIL FOOD ESTABLISHMENT Dear Ms. Lozano: On November 13, 2012, an Environmental Health Specialist with the Weld County Department of Public Health and Environment conducted a follow-up inspection of Carniceria y Restaurante Munoz, licensed by you Liliana Lozano, located at 1005 Broad Street, in Milliken, Colorado. The purpose of this inspection was to determine compliance with the violations of the Colorado Retail Food Establishment Rules and Regulations previously noted in the First Notification of Non -Compliance dated October 17, 2012. The following items were found to be in violation of the subject regulations (* denotes a critical violation): VIOLATIONS *lb) Found block of moldy cheese in small cold top in kitchen area. All food shall be sound and fit for human consumption. Corrected by discarding. REPEAT VIOLATION. Section 3-101 of the Colorado Retail Food Establishment Rules and Regulations states: "Food shall be in sound condition free from spoilage or contamination and shall be safe for human consumption." *2f) Based on conversation with employee present during inspection, on -site training did not occur as requested by inspector. On -site training shall occur within 10 days of this inspection. REPEAT VIOLATION. Section 2-103 H of the Colorado Retail Food Establishment Rules and Regulations states: "The person in charge shall ensure that employees are properly trained in food safety as it relates to their assigned duties." *6c) Two hand sinks found without soap. All hand sinks shall be equipped with soap and paper towels at all times. Corrected during inspection. REPEAT VIOLATION. Carniceria Y Restaurante Munoz December 5, 2012 Page 2 Section 5-208 D of the Colorado Retail Food Establishment Rules and Regulations states: "A supply of hand - cleansing soap or detergent shall be available at each hand sink. A supply of dispensed sanitary towels, disposable towels, or a hand drying device providing heated air shall be conveniently located near each hand sink." 14a) Mop sink was clogged and completely filled with water. Plumbing shall be maintained in good repair. Correct ASAP, follow-up will occur at the next inspection. Section 5-201 of the Colorado Retail Food Establishment Rules and Regulations states: "Plumbing shall be sized, installed, and maintained in accordance with applicable state and local plumbing codes, ordinances, regulations, and standards." Violation numbers *lb, *2f, and *6c were also cited during inspections of this facility on August 23, 2012, and October 02, 2012. Violations *lb and *6c were corrected during each inspection and violation *2f was to be addressed, with in- house training, within 10 days of each inspection. Violation number 14a was cited during the October 02, 2012, inspection and was corrected during the inspection. This letter shall serve as the First Notification of Non -Compliance for violation 14a and as the Second Notification of Non -Compliance for violations *lb, *2f, and *6c. Violation *6c was inadvertently excluded from the First Notification of Violation issued on October 17, 2012, however, as stated above, had also been cited on the two previous inspections. Therefore, pursuant to sections 25-1-107, 25-1-109, 25-4-1610(c) and 25-4-1611 Colorado Revised Statutes, you as the licensee are hereby ordered to correct the deficiencies *2f and 14a and to maintain correction of violations *lb and *6c, so as to comply with the Colorado Retail Food Establishment Rules and Regulations. Specifically, enact and enforce Standard Operating Procedures (SOPs) to ensure ongoing compliance with the Colorado Retail Food Establishment Rules and Regulations by training employees on discarding moldy food, properly stocking all hand sinks, and maintaining or reporting problems with plumbing and monitoring employees to ensure compliance with SOPs. An example SOP has been enclosed for your use. The Weld County Department of Public Health and Environment shall assess compliance during the next follow-up inspection. Any written statement or data concerning the deficiencies set forth above will be considered by the Department. Please be advised, because the same violations (*lb, *2f, and *6c) has been cited during the previous (3) inspections, a civil penalty will be assessed during the next follow-up inspection. If you are found to be in compliance during the next inspection the assessed civil penalty will be no less than two hundred fifty dollars ($250) and no more than five hundred dollars ($500). If you are found to be in non-compliance during the next follow- up inspection, a civil penalty will be assessed that is no less than five hundred dollars ($500) and no more than one thousand dollars ($1000). A flow -chart detailing the Retail Food Establishment Civil Penalty Process has been enclosed for your information. Compliance Warning On November 13, 2012, an Environmental Health Specialist with the Weld County Department of Public Health and Environment conducted a follow-up inspection of Carniceria y Restaurante Munoz, licensed by you Liliana Lozano, located at 1005 Broad Street, in Milliken, Colorado, to determine compliance with the First Notification of Non - Compliance issued by the Weld County Department of Public Health and Environment to Carniceria y Restaurante Munoz on October 17, 2011. The establishment was found to be in compliance with violations *3f, *6b, and *14i of the subject First Notification of Non -Compliance. However, please be advised that if violations of items *3f (no food thermometer), *6b (blocked access to hand sink), or 14i (restroom in disrepair) of the Colorado Retail Food Establishment Rules and Regulations as cited in the First Notification of Non -Compliance of October 17, 2012, are found to exist during the next regular inspection, you will be issued a Second Notification of Non -Compliance. Carniceria Y Restaurante Munoz December 5, 2012 Page 3 If you need assistance in complying with this First and Second Notification of Non -Compliance and Compliance Warning or if there is additional information you feel we need to be aware of, please do not hesitate to contact Angie Crawford at (970) 304-6415 extension 2208. Sincerely, Angie Crawford Environmental Health Specialist Environmental Health Services Debra Adamson, MPH Consumer Protection Manager Environmental Health Services cc: Dan Joseph, Food Program Coordinator, Environmental Health Services DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N. 17th Avenue Greeley, CO 80631 Public Health Web: www.weldhealth.orq Health Administration Public Health & Clinical Environmental Health Communication, Emergency Preparedness Vital Records Services Services Education & Planning & Response Tele: 970.304.6410 Tele: 970.304.6420 Tele: 9703046415 Tele: 970.3046470 Tele: 970.304.6420 Fax: 970.304.6412 Fax: 970.304.6416 Fax: 970.304.6411 Fax: 970.304.6452 Fax: 970.304.6469 Our vision: Together with the communities we serve, we are working to make Weld County the healthiest place to live, learn, work and play. October 17, 2012 Ms. Liliana Lozano P.O. Box 113 Milliken, Colorado 80543 RE: Carniceria y Restaurante Munoz, 1005 Broad Street, Milliken, Colorado FIRST NOTIFICATION OF NON-COMPLIANCE RETAIL FOOD ESTABLISHMENT Dear Ms. Lozano: On October 2, 2012, an Environmental Health Specialist with the Weld County Department of Public Health and Environment conducted a follow-up inspection of Carniceria y Restaurante Munoz, licensed by you Liliana Lozano, located at 1005 Broad Street, in Milliken, Colorado. The following items were found to be in violation of the Colorado Retail Food Establishment Rules and Regulations (* denotes a critical violation): VIOLATIONS *lb) Found moldy food in several coolers throughout establishment. Including a tomato in back kitchen cooler, 3 cantaloupes, a papaya, and a lime in west side cooler and 7 tomatoes and 59 habanero chilies, in cooler in front store area. All moldy food was discarded during inspection. Corrected. REPEAT VIOLATION. Section 3-101 of the Colorado Retail Food Establishment Rules and Regulations states: "Food shall be in sound condition free from spoilage or contamination and shall be safe for human consumption. *2f) Based on this inspection, staff were unable to demonstrate knowledge of food safety practices. Based on conversation with owner, on -site training did not occur within 10 days of last regular inspection as requested by inspector. On -site training shall occur within 10 days of follow up inspection. Staff shall be able to demonstrate food safety knowledge within 30 days. REPEAT VIOLATION. Section 2-103 H of the Colorado Retail Food Establishment Rules and Regulations states: "The person in charge shall ensure that employees are properly trained in food safety as it relates to their assigned duties." *3f) A food thermometer could not be located during inspection. Food thermometer shall be available and used. Correct ASAP but within 10 days. REPEAT VIOLATION. Section 4-401 of the Colorado Retail Food Establishment Rules and Regulations states: "Indicating thermometers shall be provided and used....Food product thermometers shall be capable of reading both hot and cold temperatures, and shall have a numerical scale (0°-220°F), printed record, or digital readout in increments no Carniceria y Restaurante Munoz October 17, 2012 Page 2 greater than 2°F (1°C). Food product thermometers shall be used to determine required food temperatures and shall be accurate to ±2°F (1°C)." *6b) Bread cart preventing use of hand sink on west end of kitchen. The sink could not be used without spraying water on food cooling on rack. Fan, sitting on chair, blocking access to hand sink on east side of kitchen. All hand sinks shall be easily accessible. Corrected during inspection. REPEAT VIOLATION. Section 5-208 B of the Colorado Retail Food Establishment Rules and Regulations states: "Hand sinks shall be conveniently located to employees involved in food and utensil handling. Hand sinks shall be unobstructed and accessible to employees at all times and used only for hand washing." 14i) No light in women's restroom. Restroom was also missing toilet seat, toilet paper, and paper towels. Toilet facilities shall be maintained clean and in good repair. Corrected by closing women's bathroom. Facility has only 8 seats so is required only to have one restroom. REPEAT VIOLATION. Section 5-209G of the Colorado Retail Food Establishment Rules and Regulations states, "Toilet facilities, including toilet fixtures and any related vestibules, shall be kept clean and in good repair. A supply of toilet tissue in a permanently mounted dispenser shall be provided at all times. Easily cleanable receptacles shall be provided for waste materials." Violation numbers lb, 2f, 3f, 6b, and 14i were also cited during an inspection of this facility on August 23, 2012, and the deficiencies were to be maintained corrected. Therefore, pursuant to sections 25-1-107, 25-1-109, 25-4-1610(c) and 25-4-1611 of the Colorado Revised Statutes, you as the licensee are hereby ordered to correct immediately (violation 3f), correct within 30 days of inspection (violation 2f) and to maintain correction of the deficiencies (violations lb, 6b and 14i) so as to comply with the Colorado Retail Food Establishment Rules and Regulations. Specifically, enact and enforce Standard Operating Procedures (SOPs) to ensure ongoing compliance with the Colorado Retail Food Establishment Rules and Regulations by training employees on removing spoiled food, using a food thermometer, keeping hand sinks accessible, maintaining the restroom in good repair, and general food safety practices and monitoring employees to ensure compliance with SOPs. The Weld County Department of Public Health and Environment shall assess compliance during the next follow-up inspection. Any written statement or data concerning the deficiencies set forth above will be considered by the Department. Failure to comply with the provisions of this First Notification of Non -Compliance by continued or additional violations within the categories of rules and regulations of which you are notified herein, may subject you, as licensee, to a civil penalty which may be assessed by the Department. The amount of the civil penalty would be no less than two hundred and fifty dollars ($250) and not more than one thousand dollars ($1,000). If you need assistance in complying with this First Notification of Non -Compliance or if there is additional information you feel we need to be aware of, please do not hesitate to contact Angie Crawford at (970) 304-6415 extension 2208. Sincerely, Angie Crawford Environmental Health Specialist Environmental Health Services Dan Joseph Food Program Coordinator Environmental Health Services cc: Debra Adamson, MPH, Consumer Protection Manager, Environmental Health Services Hello