HomeMy WebLinkAbout20130931RESOLUTION
RE: ACTION OF THE BOARD CONCERNING SUSPENSION OF COLORADO RETAIL FOOD
ESTABLISHMENT LICENSE - EL PUEBLITO #1
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, El Pueblito #1, located at 2435 West 10th Street, Greeley, Colorado, is allegedly
in violation of the Colorado Retail Food Establishment Rules and Regulations, and
WHEREAS, on April 15, 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 Alvaro Ortega and Rosalina Mireles, and
WHEREAS, after hearing testimony from all present, the Board of County Commissioners
moved to suspend the license until such time as a consultant is on -site, requested that the
health department assist with locating an available consultant, that the staff and owners
participate in training, that there is a follow-up inspection, and that the $1,000 penalty be
waived in lieu of contracting a consultant.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Colorado Retail Food License issued to El Pueblito #1,
located at 2435 West 10th Street, Greeley, Colorado, be, and hereby is, suspended until
such time as a consultant is on -site, requested that the health department assist with
locating an available consultant, that the staff and owners participate in training, that there
is a follow-up inspection, and that the $1,000 penalty be waived in lieu of contracting a
consultant.
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2013-0931
HL0040
CONCERNING COLORADO RETAIL FOOD ESTABLISHMENT LICENSE — EL PUEBLITO #1
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 15th day of April, A.D., 2013.
ATTEST:.�..._
Weld County Clerk to the Board
BY:
Deputy Cler
AP
the Board
ED .t.,� ORM:
unty Attorney
Date of signatureAPR 2 9 2013
BOARD OF COUNTY COMMISSIONERS
WELD COQ " 7, COLORADO
1'
arbara Kirkmeyer
William F. Garcia air
7 (mot
Douglat Rademache , Pro-Tem
USED
P. Conway
Freeman i
2013-0931
HL0040
Memorandum
WEL'W OUNTY
u
TO: Board of County Commissioners
FROM: Debra Adamson
DATE: April 11, 2013
SUBJECT: El Pueblito #1
El Pueblito #1, located at 2435 West 10th Street, in Greeley, Colorado, has failed to maintain
compliance with the Colorado Retail Food Establishment Rules and Regulations (see attached
timeline). 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. Unfortunately, our staff continues to observe violations that have the potential
to directly result in illnesses of patrons dining at the establishment.
The Department recommends suspension or revocation of the retail food establishment license
held by El Pueblito #1. The Department also asks that the Board of County Commissioners
(BOCC) direct the ownership of the restaurant to pay the assessed $1,000.00 civil penalty.
2013-0931
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 N. 17th Avenue
Greeley, CO 80631
Web: www.weldhealth.orq
Health Administration Public Health 8 Clinical
Vital Records Services
Tale 970.304.6410 Tele. 970.304.6420
Fax'. 970.304.6412 Fax: 970.304.6416
9
Public Health
Environmental Health Communication, Emergency Preparedness
Services Education & Planning & Response
Tele: 970.304.6415 Tele: 970.304.6470 Tele. 970.304.6420
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.
July 17, 2012
Mr. Alvaro Ortega and Ms. Rosalina Mireles
2435 W. 10th Street
Greeley, Colorado 80631
RE: El Pueblito #1, 2435 W. 10th Street, Greeley, Colorado
FIRST NOTIFICATION OF NON-COMPLIANCE
RETAIL FOOD ESTABLISHMENT
Dear Mr. Ortega and Ms. Mireles:
On July 12, 2012, an Environmental Health Specialist with the Weld County Department of Public Health and
Environment conducted a follow-up inspection of El Pueblito #1, licensed by you Alvaro Ortega and Rosalina
Mireles, located at 2435 W. 10th Street, in Greeley, Colorado. The following item was found to be in violation
of the Colorado Retail Food Establishment Rules and Regulations (* denotes a critical violation):
VIOLATIONS
*3e) Found small reach in cooler holding potentially hazardous foods at 49-50 degrees. All potentially
hazardous food shall be maintained at 41 degrees and below. Determined to be off temperature for less
than 4 hours. Items placed into ice or put into walk-in cooler. Corrected at time of inspection. Repeat
violation.
Section 3-401 A of the Colorado Retail Food Establishment Rules and Regulations states: "The
temperature of potentially hazardous food 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."
Violation number 3e was also cited during an inspection of this facility on June 25, 2012, and the deficiency
was corrected at time of inspection.
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 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 proper cold holding procedures 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.
El Pueblito #1
July 17, 2012
Page 2
Any written statement or data concerning the deficiency 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 category 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 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
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Background Summary of Enforcement for El Pueblito #1
June 25, 2012
July 12, 2012
July 17, 2012
August 17, 2012
August 22, 2012
September 17, 2012
September 18, 2012
January 15, 2013
January 29, 2013
February 19, 2013
March 13, 2013
March 22, 2013
March 27, 2013
April 1, 2013
A regular inspection was conducted in which violation 3e (improper cold
holding of potentially hazardous food) was cited.
A follow-up inspection was conducted in which violation 3e (improper
cold holding of potentially hazardous food) was cited.
A First Notification of Non -Compliance was issued for violation 3e
(improper cold holding of potentially hazardous food).
A follow-up inspection was conducted where violation 3e (improper cold
holding of potentially hazardous food) was cited.
A Second Notification of Non -Compliance was issued for violation 3e
(improper cold holding of potentially hazardous food).
A follow-up inspection was conducted where violation 3e (improper cold
holding of potentially hazardous food) was found corrected.
A Notice of Civil Penalty for $250.00 (two hundred and fifty dollars) and
Compliance Warning was issued for violation 3e (improper cold holding
of potentially hazardous food).
A regular inspection was conducted in which violation 3e (improper cold
holding of potentially hazardous food) was cited.
A follow-up inspection was conducted in which violation 3e (improper
cold holding of potentially hazardous food) was cited.
A Second Notice of Civil Penalty for $500.00 (five hundred dollars) and
Notice of Enforcement Meeting was issued for violation 3e (improper cold
holding of potentially hazardous food).
An enforcement meeting was held with the Weld County Department of
Public Health.
A Formalization of Enforcement Meeting summary was issued and mailed
via standard mail.
A follow-up inspection was conducted in which violation 3e (improper
cold holding of potentially hazardous food) was cited.
A Third Notice of Civil Penalty for $1,000.00 (one thousand dollars) and
Notice of Hearing with the Board of County Commissioners was issued
for violation 3e (improper cold holding of potentially hazardous food).
The notice was hand -delivered to the facility on April 1, 2013.
February 19, 2013
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 N. 17th Avenue
Greeley, CO 80631
Web: www.weldhealth.orq
Health Administration
Vital Records
Tele: 970.304.6410
Fax: 970.304.6412
Public Health & Clinical
Services
Tele: 970.304.6420
Fax: 970.304.6416
Environmental Health
Services
Tele: 970.304.6415
Fax: 970.304.6411
Communication,
Education & Planning
Tele: 970.304.6470
Fax: 970.304.6452
Public Health
Prevent. Promote Protect
Emergency Preparedness
& Response
Tele: 970.304.6420
Fax: 970.304.6469
Our vision: Together with the communities we serve, we am working to make Weld County the healthiest place to live, learn, work and play.
Certified Letter No.:
Rosalina Mireles
2435 West 10th Street
Greeley, Colorado 80634
RE: El Pueblito #1, 2435 West 10th Street, Greeley, Colorado
SECOND NOTICE OF CIVIL PENALTY
AND
NOTICE OF ENFORCEMENT MEETING
RETAIL FOOD ESTABLISHMENT
Dear Ms. Mireles:
You, Rosalina Mireles, are hereby notified that the Weld County Department of Public Health and Environment
has determined that El Pueblito #1 located at 2435 West 10th Street in Greeley, 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 item *3e (improper cold holding) in writing, have been given an
opportunity to comply, and you have again been found to be in violation.
June 25, 2012
July 12, 2012
July 17, 2012
August 17, 2012
Background Summary
A regular inspection was conducted in which violation 3e (improper cold holding of
potentially hazardous food) was cited.
A follow-up inspection was conducted in which violation 3e (improper cold holding of
potentially hazardous food) was cited.
A First Notification of Non -Compliance was issued for violation 3e (improper cold
holding of potentially hazardous food).
A follow-up inspection was conducted where violation 3e (improper cold holding of
potentially hazardous food) was cited.
El Pueblito #1
February 19, 2013
Page 2
August 22, 2012
September 17, 2012
September 18, 2012
January 15, 2013
January 29, 2013
A Second Notification of Non -Compliance was issued for violation 3e (improper cold
holding of potentially hazardous food).
A follow-up inspection was conducted where violation 3e (improper cold holding of
potentially hazardous food) was found corrected.
A Notice of Civil Penalty for $250.00 (two hundred and fifty dollars) and Compliance
Warning was issued for violation 3e (improper cold holding of potentially hazardous
food).
A regular inspection was conducted in which violation 3e (improper cold holding of
potentially hazardous food) was cited.
A follow-up inspection was conducted in which violation 3e (improper cold holding of
potentially hazardous food) 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). 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 17`h Avenue, Greeley, Colorado.
Failure to comply with the provisions of this Notice of Civil Penalty by continued or additional violations
within the category 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 Wednesday, March 13, 2013, at 2:00 PM. Please come
prepared to discuss the ongoing non-compliance issues at your facility.
El Pueblito #1
February 19, 2013
Page 3
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 James Taloumis at (970) 304-
6415 extension 2239 or Debra Adamson at extension 2243.
Sincerely,
James Taloumis
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
Web: WWW.weldhealth.orq
Health Administration
Vital Records
Tele: 970.304.6410
Fax: 970.304.6412
Public Health & Clinical
Services
Tele: 970.304.6420
Fax: 970.304.6416
Environmental Health
Services
Tele: 970.304.6415
Fax: 970.304.6411
Communication,
Education & Planning
Tele: 970.304.6470
Fax: 970.304.6452
Public Health
Prevent. Promote Protect
Emergency Preparedness
& Response
Tele: 970.304.6420
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 1, 2013
Hand Delivered
Rosalina Mireles
2435 West 10th Street
Greeley, Colorado 80634
RE: El Pueblito #1, 2435 West 10th Street, Greeley, Colorado
NOTIFICATION OF HEARING
THIRD NOTICE OF CIVIL PENALTY
RETAIL FOOD ESTABLISHMENT NON -COMPLIANT
Dear Ms. Mireles:
You, Rosalina Mireles, are hereby notified that the Weld County Department of Public Health and
Environment has determined that El Pueblito #1 located at 2435 West 10th Street in Greeley, 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 *3e (improper cold holding) of such violation in writing, have been given an
opportunity to comply and you remain in violation.
June 25, 2012
July 12, 2012
July 17, 2012
August 17, 2012
Background Summary
A regular inspection was conducted in which violation 3e (improper cold holding of
potentially hazardous food) was cited.
A follow-up inspection was conducted in which violation 3e (improper cold holding of
potentially hazardous food) was cited.
A First Notification of Non -Compliance was issued for violation 3e (improper cold
holding of potentially hazardous food).
A follow-up inspection was conducted where violation 3e (improper cold holding of
potentially hazardous food) was cited.
Hand Delivered
El Pueblito #1
April 1, 2013
Page 2
August 22, 2012
September 17, 2012
September 18, 2012
January 15, 2013
January 29, 2013
February 19, 2013
March 13, 2013
March 22, 2013
March 27, 2013
A Second Notification of Non -Compliance was issued for violation 3e (improper cold
holding of potentially hazardous food).
A follow-up inspection was conducted where violation 3e (improper cold holding of
potentially hazardous food) was found corrected.
A Notice of Civil Penalty for $250.00 (two hundred and fifty dollars) and Compliance
Warning was issued for violation 3e (improper cold holding of potentially hazardous
food).
A regular inspection was conducted in which violation 3e (improper cold holding of
potentially hazardous food) was cited.
A follow-up inspection was conducted in which violation 3e (improper cold holding of
potentially hazardous food) was cited.
A Second Notice of Civil Penalty for $500.00 (five hundred dollars) and Notice of
Enforcement Meeting was issued for violation 3e (improper cold holding of potentially
hazardous food).
An enforcement meeting was held with the Weld County Department of Public Health.
A Formalization of Enforcement Meeting summary was issued and mailed via standard
mail.
A follow-up inspection was conducted in which violation 3e (improper cold holding of
potentially hazardous food) 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 $1,000.00. 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).
You are scheduled to appear before a public meeting of the Weld County Board of Commissioners on
April 15, 2013 at 9:00 a.m. The hearing will be held at the Weld County Centennial Center, 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.
Hand Delivered
El Pueblito #1
April 1, 2013
Page 3
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,
James Taloumis
Environmental Health Specialist
Environmental Health Services
Dan Joseph
Food Program Coordinator
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
Debra Adamson, MPH, Consumer Protection Manager, Environmental Health Services
El Pueblito #1
History of Violations June 2012 till March 2013
SUMMARY
Since June 2012, the Department has performed 7 inspections where 18 violations (critical
and noncritical) were cited for an average of 2.57 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 18 violations cited, 15 were critical violations (83%). Of those critical violations, 10
were foodborne illness risk factor violations (66%).
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.
lc Cross Contamination
Cited on March 27, 2013
2c Improper Hand Washing
Cited on January 15, 2013
2d Hygienic Practices
Cited on March 27, 2013
2e Employee Drink in Food Preparation Area
Cited on March 27, 2013
2f Inadequate Demonstration of Knowledge
Cited on June 25, 2012
Cited on August 17, 2012
22 Bare Hand Contact with Ready -to -Eat Foods
Cited on June 25, 2012
3e Improper Cold Holding of Potentially Hazardous Foods
Cited on June 25, 2012
Cited on July 12, 2012
Cited on August 17, 2012
Cited on January 15, 2013
Cited on January 29, 2013
Cited on March 27, 2013
7a Insufficient Pest Control
Cited on June 25, 2012 (Closed on this date due to cockroach infestation)
Cited on September 17, 2012
9b Improper Protection from Contamination
Cited on January 15, 2013
10b Improper Use of Domestic Freezer
Cited June 25, 2012
14c Floors, Walls, and Ceilings in Disrepair
Cited June 25, 2012
LETTERS ISSUED
July 17, 2012
August 22, 2012
September 18, 2012
February 19, 2013
April 1, 2013
First Notification of Non -Compliance for violation 3e
Second Notification of Non -Compliance for violation 3e
First Notice of Civil Penalty ($250.00) and Compliance Warning for violation 3e
Second Notice of Civil Penalty ($500.00) and Notice of Enforcement Meeting for
violation 3e
Third Notice of Civil Penalty ($1000.00) and Notice of Hearing with Board of
County Commissioners for violation 3e
INSPECTIONS CONDUCTED
June 25, 2012
June 26, 2012
July 12, 2012
August 17, 2012
September 17, 2012
January 15, 2013
January 29, 2013
March 27, 2013
Regular Inspection (Facility closed due to cockroach infestation)
Conducted by Dan Joseph
Pre -Opening Inspection. Conducted by Dan Joseph
Follow -Up Inspection. Conducted by Dan Joseph
Follow -Up Inspection. Conducted by Dan Joseph
Follow -Up Inspection. Conducted by Dan Joseph
Regular Inspection. Conducted by James Taloumis
Follow -Up Inspection. Conducted by James Taloumis
Follow -Up Inspection. Conducted by James Taloumis and Deb Adamson
March 22, 2013
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 N. 17th Avenue
Greeley, CO 80631
Web: www.weldhealth.orq
Health Administration
Vital Records
Tele: 970.304.6410
Fax: 970.304.6412
Public Health & Clinical
Services
Tele: 970.304.6420
Fax: 970.304.6416
Environmental Health
Services
Tele: 970.304.6415
Fax: 970.304.6411
Communication,
Education & Planning
Tele: 970.304.6470
Fax: 970.304.6452
Public Health
Prevent. Promote. Protect.
Emergency Preparedness
& Response
Tele: 970.304.6420
Fax: 970.304.6469
Our vision: Together with the communities we serve, we are working to make Weld County the healthiest place to hve, learn, work and play.
Attn: Rosalina Mireles
El Pueblito #1
2435 W. 10th Street
Greeley, Colorado 80631
RE: El Pueblito #1, 2435 W. 10th Street, Greeley, Colorado
FORMALIZATION OF
ENFORCEMENT MEETING
Dear Ms. Mireles:
This letter is to formalize the meeting that was held on March 13, 2013, concerning issues of non-compliance at
El Pueblito #1 which is located at 2435 W. 10th Street in Greeley, Colorado. Dan Joseph, Debra Adamson and
James Taloumis met with Rosalina Mireles (owner) to discuss concerns and to develop a plan of correction for
the outstanding violations.
At this time the Department has one main concern regarding food safety, the improper cold holding of
potentially hazardous foods. However, other violations were discussed as these have the potential to become
issues if not resolved. We discussed correction options with you in an attempt to ensure that these violations
would not be cited on future inspections.
You stated that temperature logs are being kept for the refrigeration units that have had issues and that those
same refrigeration units have been repaired. In addition, you stated that employees are taking temperatures on
a regular basis using a food probe thermometer and that if temperatures are found to be above 41 degrees that
staff is to contact management.
During our discussions, you were provided:
• the last two (2) years of inspection reports
• a summary showing the number and types of violations since 2012
• enforcement letters since 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"
In addition, it was explained that if any violations of 3e (improper cold holding of potentially hazardous foods)
are cited during the next follow-up inspection, or the regular inspection after that, El Pueblito #1 will receive an
El Pueblito #1
March 22, 2013
Page 2
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
September 2013, 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 March 25, 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,
March 29, 2013, since we understand you have chosen to pursue pH testing of the salsa so that it can remain at
room temperature.
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
September 25, 2012
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 N. 17th Avenue
Greeley, CO 80631
Web: www.weldhealth.orq
Health Administration
Vital Records
Tele: 970.304.6410
Fax: 970.304.6412
Public Health & Clinical
Services
Tele: 970.304.6420
Fax: 970.304.6416
Environmental Health
Services
Tele: 970.304 6415
Fax: 970.304.6411
Communication,
Education & Planning
Tele: 970.304.6470
Fax: 970.304.6452
Public Health
Prevent Promote Protect
Emergency Preparedness
& Response
Tele: 970.304.6420
Fax: 970.304.6469
Our vision: Together with the communities we serve, we are working to make Weld County the healthiest place to five, learn, work and play.
Mr. Alvaro Ortega and Ms. Rosalina Mireles
2435 W. 10th Street
Greeley, Colorado 80631
RE: El Pueblito #1, 2435 W. 10th Street, Greeley, Colorado
NOTICE OF CIVIL PENALTY
AND COMPLIANCE WARNING
RETAIL FOOD ESTABLISHMENT
Dear Mr. Ortega and Ms. Mireles:
The Weld County Department of Public Health and Environment conducted a follow-up inspection on
September 17, 2012, to determine compliance with the Second Notification of Non -Compliance as cited on
August 22, 2012. It was determined that El Pueblito #1 located at 2435 W. 10th Street, in Greeley, Colorado,
has come into compliance with the violation 3e (improper cold holding of potentially hazardous food) 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 suspension 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 (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.
El Pueblito #1
September 25, 2012
Page 2
However, please be advised that if violations of the item 3e (improper cold holding of potentially hazardous
food) of the Colorado Retail Food Establishment Rules and Regulations as cited in the Second Notification of
Non -Compliance of August 22, 2012, are found to exist during the next regular inspection, a Notification of
Civil Penalty 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).
If you need assistance in complying with this Notice of Civil Penalty or if there is additional information you
feel we need to be aware of, please do not hesitate to contact Dan Joseph at (970) 304-6415 extension 2206 or
Debra Adamson at extension 2243.
Sincerely,
Dan Joseph
Food Program Coordinator
Environmental Health Services
Debra Adamson, MPH
Consumer Protection Manager
Environmental Health Services
August 22, 2012
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 N. 17th Avenue
Greeley, CO 80631
Web: www.weldhealth.orq
Health Administration
Vital Records
Tele: 970.304.6410
Fax. 970.304.6412
Public Health & Clinical
Services
Tele: 970.304.6420
Fax: 970.304.6416
Environmental Health
Services
Tele: 970.304.6415
Fax: 970.304.6411
Communication,
Education & Planning
Tele: 970.304.6470
Fax 970.304.6452
Public Health
Prevent Promote. Protect
Emergency Preparedness
& Response
Tele: 970.304.6420
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.
Mr. Alvaro Ortega and Ms. Rosalina Mireles
2435 W. 10th Street
Greeley, Colorado 80631
RE: El Pueblito #1, 2435 W. 10th Street, Greeley, Colorado
SECOND NOTIFICATION OF NON-COMPLIANCE
RETAIL FOOD ESTABLISHMENT
Dear Mr. Ortega and Ms. Mireles:
On August 17, 2012, an Environmental Health Specialist with the Weld County Department of Public Health
and Environment conducted a follow-up inspection of El Pueblito #1, licensed by you Alvaro Ortega and
Rosalina Mireles, located at 2435 W. 10th Street, in Greeley, 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 July 17, 2012. The following item was
found to be in violation of the subject regulations (* denotes a critical violation):
VIOLATIONS
*3e) Found small reach in cooler holding food temperatures at 50-54 degrees. Facility's food thermometer
also found same temperatures. All potentially hazardous food shall be maintained at 41 degrees and
below. Items in cooler for about an hour and half so were either iced or placed back into walk-in cooler.
Corrected at time of inspection. Repeat Violation.
Section 3-401 A of the Colorado Retail Food Establishment Rules and Regulations states: "The
temperature of potentially hazardous food 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."
Violation number 3e was also cited during inspections of this facility on June 25, 2012, and July 12, 2012, and
the deficiency was to be maintained corrected.
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 maintain correction of the deficiency 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 proper cold holding procedures and monitoring employees to ensure
El Pueblito #1
August 22, 2012
Page 2
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 violation 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 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
Hello