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HomeMy WebLinkAbout20101330.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING SUSPENSION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE - LOS GALLITOS TAQUERIA 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, Los Gallitos Taqueria, located at 720 Denver Avenue, Fort Lupton, Colorado 80621, is allegedly in violation of the Colorado Retail Food Establishment Rules and Regulations, and WHEREAS, despite efforts by the Weld County Department of Public Health and Environment staff to resolve said matter, the violations have not been corrected, and WHEREAS, on the 24th day of May, 2010, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violations, and WHEREAS, after hearing testimony from all present, the Board of County Commissioners deemed it advisable to suspend said license to allow the facility to address the violations and demonstrate compliance with the Colorado Retail Food Establishment Rules and Regulations by hiring an outside consulting agency which will perform additional inspections and provide on-site training to all staff present within the facility, and set the matter for another hearing on June 7,2010, at 9:00 a.m., to determine status of the facility and whether further action is necessary, and WHEREAS, after hearing testimony from all present at the hearing on June 7, 2010, the Board of County Commissioners deemed it advisable to continue the suspension of said license for an additional period of two weeks to allow adequate time for the facility to come into compliance with the requirements as set forth by the Department of Public Health and Environment within a memorandum dated June 7, 2010, and to set the matter for another hearing on June 21, 2010, at 9:00 a.m.,to review the progress of the facility to determine if further action will be necessary, and WHEREAS, on June 21, 2010, Maria Oaxaca de Flores, owner, and Christina Flores, part-owner, were present at said hearing, and WHEREAS, after hearing testimony from all present at the hearing on June 21, 2010, the Board of County Commissioners deems it advisable to dismiss the suspension, with the following terms and conditions: 1) The facility must submit a signed contract with Public Health and Food Safety Services, LLC, and have three (3) inspections conducted by the company within the following three (3) weeks. 2) The facility must maintain substantial compliance and have no violations that would be classified in the foodborne illness risk factor category or that would lead to a citation for failure to demonstrate adequate knowledge. 2010-1330 HL0037 CC, : AL-Lnv.� v , zr HEALTH VIOLATIONS- LOS GALLITOS TAQUERIA PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado,that the suspension of the Colorado Retail Food Establishment License issued to Los Gallitos Taqueria be, and hereby is, dismissed, with the abovementioned conditions. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of June, A.D., 2010. BOARD OF COUNTY COMMISSIONERS LLD COgzU OLORADO ATTEST: fi r !;, i Dou la ademac er, Chair Weld County Clerk to t ,B� rr"i '� �:� EXCUSED Barbara Kirkmeyer, Pro-Tem BY: Deputy irk to the'ty� �� Sean P. C way ) A VED ORM: l/J —> W mF. rcia County Attorney 14 (C1,T David E. Long Date of signature: 7/N/o1O/d 2010-1330 HL0037 Jennifer VanEgdom From: Deb Adamson Sent: Friday, June 18, 2010 11:53 AM To: Jennifer VanEgdom Cc: Trevor Jiricek; Sara Evans; Dan Joseph; Gail Harvey Subject: Los Gallitos Taqueria Update, June 21, 2010 Attachments: Los Gallitos Update 06212010.docx; Los Gallitos SOPs-v-06-16-10-English Version.pdf Jenny Attached is the Department memo for Monday morning's hearing. We will recommend that they be allowed to reopen. In addition, I am including the Standard Operating Procedures (which include the management structure,which include the employee health and training information)that were developed for Los Gallitos Taqueria by Public Health and Food Safety Services, LLC. Please let me know if you have any questions. Deb Debra Adamson, MPH, CP-FS Consumer Protection Manager Weld County Department of Public Health and Environment 1555 North 17th Avenue Greeley, CO 80631 phone: 970.304.6415 x 2243 fax: 970.304.6411 1 2010-1330 arcH„, ‘, Memorandum WIlDTO: Board of County Commissioners OFROM: Debra Adamson • DATE: June 18,2010 COLORADO SUBJECT: Los Gallitos Taqueria (June 21,2010, Hearing) On Thursday, June 17, 2010, the Weld County Department of Public Health and Environment (the Department) received the documents requested from Los Gallitos Taqueria during the June 7, 2010, update hearing. The consulting agency, Public Health and Food Safety Services, LLC, has translated all documents into Spanish (standard operating procedures, employee health policy, and management structure). Although the submissions were not made by the deadlines set during the hearing, the facility ultimately did submit all that was requested. Based on our review of the submitted items, the Department recommends that the facility be allowed to reopen with the following conditions: 1. The facility continues the contract with Public Health and Food Safety Services, LLC, and has three (3) inspections conducted by the company within the following three(3) weeks. 2. The facility maintains substantial compliance and has no violations that would be classified in the foodborne illness risk factor category or would lead to a citation for failure to demonstrate adequate knowledge. The Department will conduct two (2) inspections in the next one-month time period to assess compliance with the regulations. Should the conditions be unmet, the Department will request an additional hearing with the Board of County Commissioners. Emergency Employee Contact Information and Responsibilities Name of Business: Los Gallitos Taqueria Address of Business: 720 Denver Ave., Ft. Lupton, CO 80621 Phone: 720-352-1214 Emergencies call 911 Contact the manager immediately if you cannot work your scheduled shift. *Always provide updated contact information 1-Contact Name: Cristina Flores Address 1851 E.88th Ave.,Thornton,CO Cell Phone 720-243-8731 Home Phone Responsibilities Primary Manager,Cashier 2-Contact Name: Zahira Arguello Address 7091 Dexter Street,Commerce City,CO Cell Phone 720-237-4777 Home Phone Responsibilities Primary PIC(Person-In-Charge),Cashier 3-Contact Name: Jorge Luna Address 7091 Dexter Street,Commerce City,CO Cell Phone 720-425-3684 Home Phone Responsibilities Cook 4-Contact Name: Maria Olivas Address 12535 Albrook Drive,Denver,CO Cell Phone Home Phone 720-243-8731 Responsibilities Secondary(Person-In-Charge),Cook 5-Contact Name: Address Cell Phone Home Phone Responsibilities Los Gallitos Taqueria MANAGEMENT STRUCTURE r OWNER AND OPERATOR MARIA DE FLORES PRIMARY PERSON IN CHARGE/CASHIER PRIMARY MANAGER/ CASHIER Zahira Arguello Cristina Flores H Cji AR PS COOK CHARGE/COOKSECONDYERON IN Jorge Luna Maria Olivas J \ NOTE: • Primary Manager is in charge of daily operations. • Primary Person In Charge is in charge of daily operations when Primary Manager is unavailable. • Secondary Person In Charge is in charge of daily operations when Primary Manager and/or Primary Person In Charge is unavailable. �'C�f � Public Health&Food Safety Services,LLC(PRESS) Standard Operating Procedures Included in This Report 1. Employee Health and Personal Hygiene 2. Handwashing Procedure 3. Employee Eating and Drinking 4. Thermometer Calibration and Log 5. Glove and Utensil Use 6. Manual Warewashing and Manual Warewashing Monitoring Form 7. Holding Foods (hot/cold hold) 8. Hot Hold Foods Temperature Log 9. Food Temperatures / Thermometer Use 10. Refrigerator Temperature Record 11. Cooling Foods 12. Cooling Foods Log 13. Daily Food Safety Checklist Form 14. New Employee Orientation Checklist Rmcirm pia Public Health&Food Safety Services,LLC(PHFSS) Standard Operating Procedure 1. Employee Health and Personal Hygiene Policy: All employees will maintain good personal hygiene practices to ensure food safety. Procedures: All employees must: Hygiene/Grooming: 1. Arrive at work appropriately-clean outer garments, clean hair,teeth brushed,bathed daily. 2. Maintain short,clean,and polish-free fingernails.No artificial nails are permitted in the food production area. 3. Wash hands (including under fingernails)and up to forearms vigorously and thoroughly with soap and warm water for a minimum of 20 seconds: • When entering the establishment before work begins. • Immediately before preparing food or handling equipment. • As often as necessary during food preparation when contamination occurs. • In the restroom after toilet use and upon return to the work station. • When switching between working with different foods. • After touching the face,nose,hair,or any other body part,and after sneezing or coughing. • After cleaning duties. • Between each task performed and after changing disposable gloves. • After smoking, eating,or drinking. • Any other time an unsanitary task has been performed-i.e.taking out garbage,handling cleaning chemicals,wiping tables,picking up a dropped food item,storing supplies, etc. 4. Wash hands only in hand sinks designed for that purpose. 5. Dry hands with single use towels.Turn off faucets in a sanitary fashion using a paper towel, in order to prevent recontamination of clean hands. Proper Attire: 1. Wear appropriate clothing-clean uniform/clothing with sleeves and clean non-skid,closed- toed work shoes (or leather tennis shoes) that are comfortable for standing and working on floors that can be slippery. 2. Wear uniform/apron on site. • Do not wear uniform/apron to and from work. • Remove uniform/apron before using the restroom. • Change uniform/apron if it becomes soiled or stained. =� `Capaiu Public Health&Food Safety Services,LLC(PHFSS) 3. Wear disposable gloves if hands have any cuts,sores,rashes,or lesions. Gloves are worn when handling ready-to-eat foods that will not be heat-treated again. 4. Change disposable gloves as often as handwashing is required. Wash hands after discarding gloves. Hair Restraints and Jewelry: 1. Wear a hair net,cap,beard and mustache covers,etc.,in the food production area so that all hair is completely covered. 2. Keep beards and mustaches neat and trimmed.Beard restraints are required. 3. Wearing jewelry in the food production area is not permitted. • Remove any jewelry prior to entering the kitchen. • No necklaces,bracelets,or dangling jewelry are permitted. • No earrings or piercings that can be removed are permitted. Illness: 1. Report any flu-like symptoms,diarrhea,and/or vomiting to the manager. Employees with these symptoms will be sent home,or re-assigned non-food related duties or sick leave, whichever is most appropriate. Instances of Hepatitis A,Salmonella Typhi,Shigella,or E. Coli 0157:H7,Norovirus must be reported to the manager. Cuts.Abrasions,and Burns: 1. No employee infected with any infectious or communicable disease,including boils,sores, infected wound,or any other affliction which may spread disease,may be in contact with the food product or food contact equipment. 2. Bandage any cut,abrasion,or burn that has broken the skin. 3. Cover bandages on hands with gloves and/or finger cots as appropriate. 4. Inform manager of all wounds and document. Smokinn.eating.and gum chewing: 1. Smoke only in designated areas.No smoking,or chewing of tobacco shall occur inside the establishment. 2. Eat and drink in designated areas only. A closed beverage container must be used in the designated area. 3. You must refrain from chewing gum or eating candy during work in a food production area. 4. No glass of food item of any kind is permitted. The person in charge will: 1. Inspect employees when they report to work to be sure they are following proper hygiene requirements. 2. Follow up as necessary. Policy last revised on: e*'cc/ -10itarraffekr Public Health&Food Safety Services,LLC(PHFSS) Standard Operating Procedure 2. Washing Hands PURPOSE: To prevent foodborne illness by contaminated hands. SCOPE: This procedure applies to anyone who handles, prepares, and serves food. KEY WORDS: Handwashing,Cross-Contamination INSTRUCTIONS: 1. Train foodservice employees on using the procedures in this SOP. 2. Follow State or local health department requirements. 3. Post handwashing signs or posters in a language understood by all foodservice staff near all handwashing sinks, in food preparation areas, and restrooms. 4. Use designated handwashing sinks for handwashing only. Do not use food preparation, utility,and dishwashing sinks for handwashing. 5. Provide warm running water, soap, and a means to dry hands. Provide a waste container at each handwashing sink or near the door in restrooms. 6. Keep handwashing sinks accessible anytime employees are present. 7. Wash hands: • Before starting work • During food preparation • When moving from one food preparation area to another • Before putting on or changing gloves • After using the toilet • After sneezing, coughing,or using a handkerchief or tissue • After touching hair,face,or body • After smoking,eating, drinking,or chewing gum or tobacco • After handling raw meats, poultry,or fish • After any clean up activity such as sweeping, mopping, or wiping counters • After touching dirty dishes, equipment, or utensils • After handling trash • After handling money • After any time the hands may become contaminated 8. Follow proper handwashing procedures as indicated below: • Wet hands and forearms with warm, running water at least 1002F and apply soap. • Scrub lathered hands and forearms, under fingernails,and between fingers for at least 20 seconds. Rinse thoroughly under warm running water for 5-10 seconds. • Dry hands and forearms thoroughly with single-use paper towels. • Dry hands for at least 30 seconds if using a warm air hand dryer. • Turn off water using paper towels. Rercaar'er`Cvgwia Public Health&Food Safety Services,LLC(PHFSS) • Use paper towel to open door when exiting the restroom. 9. Follow these recommendations when using hand sanitizers: • Use hand sanitizers only after hands have been properly washed and dried. • Use only hand sanitizers that comply with the FDA Food Code. • Use hand sanitizers in the manner specified by the manufacturer. MONITORING: 1. A designated employee will visually observe the handwashing practices of the food staff during all hours of operation. 2. The designated employee will visually observe that handwashing sinks are properly supplied during all hours of operation. CORRECTIVE ACTION: 1. Retrain any foodservice employee found not following the procedures in this SOP. 2. Ask employees that are observed not washing their hands at the appropriate times or using the proper procedure to wash their hands immediately. 3. Retrain employee to ensure proper handwashing procedure. VERIFICATION AND RECORD KEEPING: The person in charge will complete the Food Safety Checklist daily to indicate that monitoring is being conducted as specified. The Food Safety Checklist is to be kept on file for a minimum of 1 year. Policy last revised on: Ras 'm'` r a Public Health&Food Safety Services,LLC(PHFSS) Standard Operating Procedure 3. Employee Eating and Drinking Policy: Employees will eat and drink in designated areas outside of the kitchen. Procedures: All employees in the establishment must: 1. Eat and drink in designated areas only, never in the food prep or kitchen area. Eating and drinking is not allowed in the production areas. Drinking should be from a closed beverage container in the designated location. 2. Eating and chewing gum are permitted only in the area designated for employees to eat. 3. Smoking is allowed only in designated areas. No smoking or chewing of tobacco shall occur inside the production facility. The person in charge will: 1. Observe employees to make sure that they are eating, drinking,and smoking only in designated areas. 2. Follow up as necessary. Policy last revised on: e*Saar`Cavan, Public Health&Food Safety Services,LLC(PHFSS) Standard Operating Procedure 4. Calibration of Thermometers Policy: Thermometers will be calibrated daily to ensure accuracy of temperatures taken. Procedures: Employees will calibrate thermometers on a daily basis using the following steps: Ice-Point Method Note: The ice-point method of calibrating thermometers is used,unless a thermometer cannot read 32°F;the boiling-point method is sometimes less reliable due to variances in altitude and atmospheric pressure. 1. Fill a large glass (at least 6"in diameter)with crushed ice.Add cold,clean tap water until the glass is full. Stir the mixture well so that it will be at 32°F. 2. Put the end of the clean thermometer or probe stem into the ice water so that the sensing area is completely submerged,but the stem does not touch the bottom or sides of the glass. Wait 30 seconds.The thermometer stem or probe stem must remain in the ice water. 3. Hold the adjusting nut on a dial thermometer,located under the indicator head of the thermometer,secure with a small wrench or pliers,and rotate the head of the thermometer until it reads 32°F (0°C). (NOTE: If using a digital thermometer,it will also be placed in ice water to ensure it reads 32°F). 4. Press the reset button on a digital thermometer to adjust the readout. S. Record calibration,including date and initials,on the Thermometer Calibration Record. Boiling-Point Method 1. Bring clean tap water to a boil in a deep pan (it will be at 212°F). 2. Put the stem of a clean thermometer or probe into the boiling water so that the sensing area is completely submerged,but does not touch the bottom or sides of the pan.The thermometer stem or probe must remain in the boiling water for 30 seconds.Use a hot pad to hold the thermometer in the boiling water. 3. Hold the adjusting nut on a dial thermometer,located under the indicator head of the thermometer,secure with a small wrench or pliers,and rotate the head of the thermometer until it reads 212°F (100°C). 4. Press the reset button on a digital thermometer to adjust the readout. 5. Record calibration, including date and initials,on the Thermometer Calibration Record. The foodservice manager will: 1. Review the Thermometer Calibration Record weekly to ensure that thermometers were calibrated. 2. Follow up as necessary. 3. File logs with HACCP records. Policy last revised on: Public Health&Food Safety Services,LLC(PHFSS) Thermometer Calibration Log Instructions: Foodservice employees will record the calibration temperature and corrective action taken, if applicable, on the Thermometer Calibration Log each a time thermometer is calibrated. The foodservice manager will verify that foodservice employees are using and calibrating thermometers properly by making visual observations of employee activities during all hours of operation. The foodservice manager will review and initial the log daily. Maintain this log for a minimum of 1 year. Date Thermometer Temperature Corrective Initials Manager Reading Action Initials/Date Being Calibrated Reviewed by: Date: &of c9 lm raffish Public Health&Food Safety Services,LLC(PHFSS) Standard Operating Procedure 5. Glove and Utensil Use Policy: Gloves or utensils will be used for handling all foods and when there are cuts,sores, burns, or lesions on hands of food handlers. Procedures: All employees must: 1. Wash hands thoroughly prior to putting on gloves and when gloves are changed. 2. Change gloves when: • beginning each new task. • they become soiled or torn. • they are in continual use for four hours. 3. Use utensils, such as deli-tissue, spatulas,or tongs, as an alternative to gloves. 4. Cover cuts and sores on hands, including fingernails,with clean bandages. If hands are bandaged, clean gloves or finger cots(protective coverings) should be worn at all times to protect the bandage and to prevent it from falling into food. The person in charge will: 1. Purchase powder-free, non-latex gloves in appropriate sizes. 2. Purchase appropriate utensils. 3. Observe all employees daily to ensure that they are following procedures. 4. Follow up as necessary. Policy last revised on: eg raf tracato Public Health&Food Safety Services,LLC(PHFSS) Standard Operating Procedure 6. Manual Warewashing Policy: All soiled equipment and utensils must be washed, rinsed, and sanitized after each use. The warewashing sinks will be checked prior to use to ensure chemical concentrations or sanitizing temperatures are adequate. Procedures: Employees who use warewashing sinks will be responsible for knowing how to use them properly and document concentrations and/or temperatures. Steps include: 1. Rinse, scrape,or soak all items before washing. 2. Record the date,time,sanitizer water temperature or test strip results, and initial entry on the Manual Warewashing Monitoring Form. 3. Wash items in the first sink in the detergent solution.Water temperature should be at least 110°F. Use a brush, cloth,or scrubber to loosen soil. Replace detergent solution when suds are gone or water is soiled. 4. Immerse or spray-rinse items in second sink.Water temperature should be at least 110°F. Remove all traces of food and detergent. Replace water when it becomes cloudy,soiled,or suds appear. 5. Immerse items in third sink filled with hot water or a chemical-sanitizing solution. If hot water immersion is used,the water temperature must be at least 170°F. Items must be immersed for a minimum of% minute. If chemical sanitizing is used,the sanitizer must be mixed at the proper concentration. (Check at regular intervals with a test kit.)Water must be correct temperature for the sanitizer used. Air dry all items on a drainboard. Do not use towels to dry items. Manual Warewashing Sink Setup 1.WASH 2. RINSE 3.SANITIZE 110°F ), 110°F 170°F or Soapy Water Clear Water Chemical The foodservice person in charge will: 1. Monitor employees using warewashing sinks that they are being used properly. 2. Check Manual Warewashing Monitoring Form to ensure that temperatures or chemical concentrations meet standards and are recorded daily. 3. Follow up as necessary. Policy last revised on: e,Puja'm Public Health&Food Safety Services,LLC(PRESS) Standard Operating Procedure Manual Warewashing Monitoring Form Month Year Sanitizes Wader Date Time Initials OR ppm Corrective Action Temp. Directions: Temuerature Standards: 1. Complete this form three times a day. • Wash temperature-110°F 2. Use either hot water immersion sanitation(water temperature of • Rinse temperature-110°F 171°F)or chemical sanitation mixed at proper concentration, • Final rinse-temperature at least 170°F a.chemical sanitizer at testing with appropriate test strip correct concentration 3. Record date,initials,final rinse temperature OR ppm. Last revised: 4. If temperatures are outside the acceptable range or chemical test strips indicate improper concentration,indicate corrective action. = 9 ris �ia Public Health&Food Safety Services,LLC(PHFSS) Standard Operating Procedure 7. Holding Foods Policy: All hot foods will be held hot(135°F or above) and cold foods will be held cold(41°F or below). Food temperatures will be taken and recorded on designated log to ensure the safety of food. When in doubt about the safety of food, it will be discarded. Procedures: Employees involved in the production of food must: Hold Hot Foods: 1. Prepare and cook only as much food as is needed. 2. Use hot-holding equipment that can keep hot foods at 135°F or higher. 3. Keep foods covered to retain heat and to keep contaminants from falling into food. 4. Measure internal food temperatures at least every 2 hours using a calibrated thermometer. Record temperatures 5. Reheat foods only in appropriate cooking equipment(oven, range, microwave)to 165°F within 2 hours,then transfer to holding equipment. Hot holding equipment should never be used to reheat foods. Foods should be reheated only once and any uneaten servings of reheated food items should be discarded. 6. Discard hot foods after 4 hours if they have not been held at or above 135°F. 7. Do not mix freshly prepared foods with foods being held for service to prevent cross contamination. Hold Cold Foods: 1. Use cold-holding equipment(coolers)that can keep cold foods at 41°F or lower. 2. Measure internal food temperatures daily using a calibrated thermometer. Record temperatures. 3. Protect cold foods from contaminants with covers. The foodservice person in charge will: 1. Monitor hot and cold-holding procedures daily. 2. Take corrective action as necessary. 3. Follow up as necessary. 4. File temperature logs with HACCP records. Policy last revised on: Rmcylou Public Health&Food Safety Services,LLC(PHFSS) 8. HOT HOLD TEMPERATURE LOG THERMOMETER CALIBRATED? DATE TIME FOOD PRODUCT Internal Temperature Action Initials (center of food) Taken (Person-In- Charge) Thermometer Calibrated? Rm�iatm VJ MI%t Public Health&Food Safety Services,LLC(PHFSS) Standard Operating Procedure 9. Food Temperatures / Thermometer Use Policy: Temperatures will be taken at all steps in the food flow—receiving, storage,cold holding, preparation, and transporting,—with calibrated thermometers to ensure the safety of food. Procedures: Employees involved in the production of food must take temperatures at critical steps throughout the flow of food using the following procedures: How to Measure the Temperature of Food: 1. Use a calibrated thermometer. 2. Sanitize stem of thermometer with an alcohol wipe or insert stem into sanitizing solution for at least 5 seconds,then air dry. 3. Insert the end of the sanitized thermometer into one of the following locations, depending on the type of food: • the center of the item • between two packages of refrigerated or frozen packaged foods • until at least 2 inches are submersed in liquids • by folding the bag over the stem of the thermometer or probe for liquids 4. Make sure the tip of the thermometer does not poke through the food. 5. Measure the temperature for at least 15 seconds. 6. Read thermometer and record temperature. 7. Sanitize stem of thermometer and store it in protective cover in an accessible location. General Thermometer Guidelines: 1. Keep thermometers and their storage cases clean,stored safely,and easily accessible. 2. Use bi-metallic stemmed thermometers or digital thermometers. Do not use glass thermometers filled with mercury. 3. Wait at least 15 seconds for the thermometer reading to steady before recording the temperature. 4. Take 2 temperatures in different locations, since product temperatures can vary through the food item. 5. Insert the thermometer into liquids and hold. Do not allow the thermometer's sensing area or probe touch the sides or bottom of the container. The manager or person in charge will: 1. Review logs daily to ensure that temperatures and corrective actions are being met. 2. Follow up as necessary. 3. File logs with records. Policy last revised on: Rar�lm'�rtqurta Public Health&Food Safety Services,LLC(PHFSS) 10. REFRIGERATOR TEMPERATURE RECORD LOCATION (use one for each refrigerator): Month: Year: -- Refrigerator— Time Recorded External Internal Corrective Action Day provided) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Optimal Ranges: 32°to 41°F Report readings that do not fall in the optimal ranges. Corrective action must be noted if temperatures fall outside of appropriate range tas tfit° Public Health&Food Safety Services,LLC(PHFSS) Standard Operating Procedure 11. Cooling Foods Cooling methods include: 1. Train foodservice employees on using the procedures in this SOP. Refer to the Using and Calibrating Thermometers SOP. 2. Follow State or local health department requirements. 3. Modify menus, production schedules, and staff work hours to allow for implementation of proper cooling procedures. 4. Prepare and cool food in small batches. 5. Chill food rapidly using an appropriate cooling method: • Place food in shallow containers no more than 2-3 inches deep and uncovered on the top shelf in the back of the reach-in cooler or walk-in if you have one. Always separate food into smaller or thinner portions. • Stir the food in the container(Additionally you may place in an ice water bath). Note: Pre-chill ingredients and containers used for making bulk items such as salads. 6. Cooked potentially hazardous food shall be cooled in two steps: From 135°F to 70°F;within 2 hours, then from 70°F to 41°F or less within 4 more hours, The total cooling process from 135 °F to 41 °F may not exceed 6 hours.Take corrective action immediately if food is not chilled from 135 °F to 41 °F within the 6 hour cooling process. Chill prepared, ready-to-eat foods such as tuna salad and cut melons from 70 °F to 41 °F or below within 4 hours. Take corrective action immediately if ready-to-eat food is not chilled MONITORING: 1. Use a clean, sanitized, and calibrated probe thermometer to measure the internal temperature of the food during the cooling process. 2. Monitor temperatures of products every hour throughout the cooling process by inserting a probe thermometer into the center of the food and at various locations in the product. CORRECTIVE ACTION: 1. Retrain any foodservice employee found not following the procedures in this SOP. 2. Reheat cooked, hot food to 165 °F within two hours. 3. Discard cooked, hot food immediately when the food is: • Above 70 °F and more than 2 hours into the cooling process; or • Above 41 °F and more than 6 hours into the cooling process. 5. Discard prepared ready-to-eat foods when the food is above 41 °F and more than 4 hours into the cooling process. cE'er 'm` lui Public Health&Food Safety Services,LLC(PHFSS) VERIFICATION AND RECORD KEEPING: 1. Foodservice employees will record temperatures and corrective actions taken on the Cooling Temperature Log. Foodservice employees will record if there are no foods cooled on any working day by indicating "No Foods Cooled" on the Cooling Temperature Log. The foodservice manager will verify that foodservice employees are cooling food properly by visually monitoring foodservice employees during the shift and reviewing, initialing, and dating the temperature log each working day. The Cooling Temperature Logs are to be kept on file for a minimum of 1 year. Policy last revised on: Rar di�m'�rniu Public Health&Food Safety Services,LLC(PHFSS) o AI o t ! � cm as as \ �3 ,Lzs c \/\CCI CO ) \ \ \ ' \ g \ ) 0 } \ rt CTS \ / CD ( ) ) o 7 o00 cu Cli - } sa s- \ \ C ) i— _ E & � _ E [ ( / ) r e I- C C) CL \} { ) I- / i- C)OQ � k k g Io a z & § ) a. / § E W l— a\ \) \ \o » E / \ }\ ) § /2g t � �� i � 22f / ( § ) ) 13. DAILY FOOD SAFETY CHECKLIST PERSONNEL/EMPLOYEES OPEN 2^d check CORRECTIVE ACTION No Ill employees ❑yes❑no ❑yes❑ no Clean clothes&aprons ❑yes❑ no ❑yes❑ no Proper hair restraints ❑yes❑ no ❑yes❑no Good hygienic practices ❑yes U no ❑yes ❑no No open sores or cuts on hands ❑yes❑no ❑yes❑ no No eating,drinking,chewing gum/tobacco ❑yes❑ no ❑yes❑ no No unauthorized persons ❑yes❑ no ❑yes❑ no FOOD SAFETY OPEN 2nd check CORRECTIVE ACTION Properly labeled/date marked ❑yes❑no ❑yes ❑no No cross contamination(storage/employee) ❑yes❑no ❑yes❑ no Food rotated, FIFO ❑yes❑ no ❑yes❑ no No bare hand contact with RTE foods ❑yes❑ no ❑yes❑no Food probe thermometer provided&accurate ❑yes ❑no ❑yes ❑no SANITIZING OPEN 2nd check CORRECTIVE ACTION 3-comp sink properly functioning ❑yes❑ no ❑yes❑ no Wiping cloths properly stored ❑yes❑ no ❑yes❑ no Sanitizer at proper concentration ❑yes ❑no ❑yes ❑no Toxics/chemicals properly stored&labeled ❑yes❑no ❑yes ❑no List ppm for wiping cloths/sanitizer _chlorine _chlorine List ppm for 3-comp sink _chlorine _chlorine Test strips provided ❑yes❑ no ❑yes❑ no WATER&PLUMBING OPEN 2nd check CORRECTIVE ACTION Handsinks properly stocked ❑yes❑no ❑yes ❑no Handsinks accessible ❑yes❑ no ❑yes❑ no Hot&cold water provided ❑yes❑ no ❑yes❑ no Waste water properly disposed of ❑yes❑ no ❑yes❑ no Restrooms properly stocked and clean ❑yes ❑no ❑yes ❑no FACILITIES&EQUIPMENT OPEN 2^d check CORRECTIVE ACTION Food contact surfaces clean,good condition ❑yes❑ no ❑yes❑ no Nonfood contact surfaces clean,good ❑yes❑ no ❑yes❑ no condition Lights properly shielded ❑yes ❑no ❑yes ❑no Floors,walls,ceilings clean&in good repair ❑yes❑no ❑yes ❑no Adequate ventilation&lighting ❑yes❑no ❑yes❑ no PEST CONTROL OPEN 2nd check CORRECTIVE ACTION Evidence of pests ❑yes ❑no ❑yes❑no Outer openings protected ❑yes❑no ❑yes ❑no rho 1 Public Health&Food Safety Services,LLC(PHFSS) Standard Operating Procedure 14. New Employee Orientation Food Safety Checklist Name of employee Current Position PROCEDURES ✓ COMMENTS Sr.F Designated uniform-clean daily,Come to work clean. Hair restraint required-cover all hair Jewelry-no Jewelry during production Fingernails-short,unpolished,clean with no false nails Employees with illness- review facility policy&report illness Open sores,cuts,abrasions,or burns must be completely covered Smoking-review facility policy and Food Code. Sneezing/coughing- appropriate action Eating,drinking,&gum chewing in designated areas only Handwash-before entry into production area Employees Personal items-in designated area only Handwashbut$E610111 , ,. Handwashing procedures: When to wash hands,Where to wash hands,How to wash hands Use of disposable gloves-when to change efe��Ji�r�andE�kitf�p�� " Laundry and cloth/linen use How to prepare and when to use cleaning solutions How to prepare and when to use sanitizing solutions Use of test strips to determine product strength Otl►ObIltOrMatilaa . It 'a i Food Safety Training required and forms filled out I understand these policies and procedures and I agree to follow these policies and procedures because of their importance to food safety. I understand that following these policies and procedures is a condition of employment in this establishment. Employee Name Date Manager Date ear&ay Valued Public Health&Food Safety Services,LLC(PHFSS) Jennifer VanEgdom From: Deb Adamson Sent: Monday, June 07, 2010 8:15 AM To: Esther Gesick; Jennifer VanEgdom Cc: Dan Joseph; Sara Evans; Trevor Jiricek Subject: Los Gallitos Taqueria Update Hearing, June 7, 2010 Attachments: Los Gallitos Taq - 1st site visit-06-6-10.pdf; Los Gallitos Taqueria Update, 06072010.docx Attached are the documents needed for the update hearing to be held this morning. There is a report from our office as well as a letter from the consulting agency, received just this morning. Please pass these on as necessary. Thanks! Deb Debra Adamson, MPH, CP-FS Consumer Protection Manager Weld County Department of Public Health and Environment 1555 North 17th Avenue Greeley, CO 80631 phone: 970.304.6415 x 2243 fax: 970.304.6411 1 PHFSS, LLC 2835 Schooners Court Loveland, CO 80538 Phone: 970.372.9072, 970.217.8072 Fax: 970.663.9389 June 6, 2010 Sent via email and mail Los Gallitos Taqueria Ms. Maria de Flores Ms. Karina Luna 720 Denver Ave. Ft. Lupton, CO 80621 Dear Maria and Karin: It was a pleasure meeting with you and your staff today to provide a"hands-on" site visit operation training for 4 (four) of your employees and yourself. We also appreciate the opportunity to conduct a pre- operational inspection of your restaurant. We are glad to assist with the restaurant's compliance and related pending issues. We have reviewed the April 5, 2010, September 24, July 21, May 8, April 10, February 9, and December 14, 2009 inspection reports from the Weld County Department of Public Health and Environment. Our recommendations for your business based upon that"hands-on" site visit operational training that was conducted this date, and the review of your inspection reports are to: 1. implement a "Daily Food Safety Checklist"and a"Management and Employee Responsibility" form to assist with food safety and compliance issues; 2. conduct a scheduled"Facility Audit and Inspection"within 2-3 business days once granted approval to re-open from Weld County; 3. continue to conduct random audits at an unannounced interval and time to assist your business with compliance and regulatory issues after the first scheduled site inspection once operations are resumed and upon permission to reopen is granted by Weld County. The number of audits would be dependent upon compliance with the Colorado Retail Food Rules and Regulations and previous inspections reports. This is to be agreed upon with you; 4. to implement minimal Standard Sanitation Operating Procedures related to the operations and functions of your business and food products you serve, as well as the critical items violations sited by Weld County. These should include, but not limited to (temperature control—cooking, cold holding, hot holding, cooling and reheats, employee health and personal hygiene, thermometer calibration, employee eating and drinking, glove use); Los Gallitos Taqueria June 6, 2010 5. continue to provide a Basic Hands-on Food Safety Training for your key staff on an as-needed basis. It is our pleasure to assist you in meeting all requirements and guidelines that are stipulated by the Colorado Retail Food Rules and Regulations and other entities you need to comply with. It is our hope that with these necessary reviews and plans, you are better able to meet the demands and requirements for regulatory entities and maximize your business' potential. Please don't hesitate to contact us if you have any questions and we look forward to working with you. Sincerely, Jea,wvtine R%ess and/Janice/Brown/ Jeannine Riess, MPH,CPFS, Environmental&Public Health Specialist, Registered Food Safety Trainer, HACCP Janice Brown, M.S., Ph.D. (ABD), Food Science/Food Safety, HACCP Certified cc: Weld County Department of Public Health and Environment 1555 N. 17th Ave. Greeley, CO 80631 Public Health& Food Safety Services, LLC(PHFSS) Page 2 DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT 1555 N. 17th Avenue Greeley, CO 80631 WEBSITE: www.co.weld.co.us I ADMINISTRATION: (970) 304-6410 O FAX: (970) 304-6412 C PUBLIC HEALTH EDUCATION & NURSING: (970) 304-6420 FAX: (970) 304-6416 ENVIRONMENTAL HEALTH SERVICES: (970) 304-6415 COLORADO FAX: (970) 304-6411 Los Gallitos Taqueria Update Hearing before the Weld Board of County Commissioners June 7, 2010 Recommendation from the Weld County Department of Public Health and Environment (Department): Continuation of the license suspension for at least an additional two weeks in order to allow the ownership to meet the following requirements and deadlines: June 9, 2010: Submit the proposed management structure June 14, 2010: Submit standard operating procedures for the restaurant, including an employee health policy June 18, 2010: Submit a "New Employee Training Program" for approval June 21, 2010: Submit documentation that on-site employee training has been provided Should these requirements be unmet by the next scheduled hearing, the Department will recommend revocation of the retail food establishment license for Los Gallitos Taqueria. Timeline of Events since May 24, 2010, Hearing Monday, May 24, 2010: At the hearing, the Board of County Commissioners resolved that the Colorado Retail Food Establishment License held by Los Gallitos Taqueria would be suspended in order to allow the facility to address the violations and demonstrate compliance with the Colorado Retail Food Establishment Rules and Regulations by hiring an outside agency to perform additional inspections and provide on-site training to all staff present within the facility. After the hearing, health department staff discussed expectations with the facility ownership. The following items were discussed: that the owners would provide email contact information to the Department in order to receive information related to outside consulting agencies (Deb hand-delivered business card with her email address), that on-site training is to be obtained during the two-week license suspension,that the owners should develop a management structure, and that it is possible to have an informal meeting prior to the June 7 hearing date to resolve any outstanding issues. Thursday, May 27, 2010: Phone call received from Karina Luna (daughter of Cristina Flores) asking for contact information for consulting services. Thursday, May 27, 2010: Inquiry received related to the restaurant being open for business, despite the retail food establishment license suspension. Phone call was made to the neighboring business,TJ's Express/Subway, to see if the business was open. The manager stated it was not open and that she'd not seen it open since the license suspension. Friday, May 28, 2010: Dan Joseph stopped by the business twice during the morning hours. It was not open and there was no activity inside. Friday, May 28, 2010: Email sent with contact information for Porfirio Guillen, (through Rachel Wells of Santiago's in Fort Lupton) who was teaching a food handler class on Sunday, May 30, 2010,that Ms. Wells stated the Los Gallitos Taqueria workers were welcome to attend. She also stated that Mr. Guillen could teach a class another day during the coming week for the Los Gallitos employees, should the ownership wish. Contact information also was given for Jeannine Riess of Public Health and Food Safety Services, LLC, as well as the website link to the National Restaurant Association's Serv-Safe program in Spanish. Friday, May 28, 2010: Phone call made to TJ's Express/Subway to request that one of our inspectors be notified if they saw the business open during the holiday weekend. They agreed to do so. No calls were received. Tuesday,June 1, 2010: Contact made with Karina Luna,to check on whether the class was attended or contact made with a consulting service. Karina stated that they had not attended Porfirio Guillen's class but had called Jeannine Riess and were waiting for a return call. Tuesday,June 1, 2010: Call received from Jeannine Riess stating that the family had asked her to be their consultant, and she'd agreed, but that she may not be able to get to the restaurant for the first meeting and evaluation until the weekend. Friday,June 4, 2010: Call received from Jeannine Riess stating that she would be at the restaurant for the first evaluation on Sunday,June 6, in the morning. Friday,June 4, 2010: Phone call made to Karina Luna to remind the family of the June 7, 2010, hearing. She stated that they would be at the hearing. ret„.„ Memorandum ElliTO: Board of County Commissioners C. From: Dan Joseph COLORADO DATE: May 24, 2010 SUBJECT: Los Gallitos Taqueria Los Gallitos Taqueria, located at 720 Denver Avenue, in Fort Lupton, Colorado, has failed to maintain compliance with the Colorado Retail Food Establishment Rules and Regulations (see attached time line). 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, the owner and employees of the facility have been unable to demonstrate to the inspection staff that they have adequate knowledge of foodborne illness risk factors. The Department is recommending that the Board of County Commissioners (BOCC) revoke or suspend the Los Gallitos Taqueria Retail Food Establishment License. In the event that the facility's Retail Food Establishment license is not revoked or suspended, the Department recommends that the BOCC include the stipulation, as part of the facility's continued operation, that the facility hire an outside consulting agency that will perform additional inspections and provide on-site training to all staff that may be present in the facility. Note: Power point presentation is prepared. Los Gallitos Taqueria History of Ongoing Violations January 2009 to April 2010 SUMMARY Since Maria Irene Oaxaca DeFlores obtained a Retail Food Establishment License for this facility on January 21,2009 the Department has conducted 7 inspections where 54 violations were cited for an average of 7.7 violations per inspection. Of the 54 violations cited,32 (60%)were critical violations and of those critical violations, 18 (57%)were food borne illness risk factors. Critical Violations Highlighted violations are FDA risk factors(more likely to contribute to food borne illness) Improper Hand Washing (2c) Cited February 09, 2009 Cited September 24, 2009 Cited December 14, 2009 Cited April 05, 2010 Hygienic Practices (2d) Cited February 09, 2009 Cited July 21, 2009 Cited September 24, 2009 Cited December 14, 2009 Cited April 05, 2010 Improper Storage of Employee Food/Drink (2e) Cited December 14, 2009 Cited April 05, 2010 Demonstration of Knowledge (2f) Cited February 09, 2009 Cited April 10,2009 Cited May 08, 2009 Cited July 21, 2009 Cited September 24, 2009 Cited December 14,2009 Cited April 05, 2010 Questions Asked During Inspections Included: How,when and where are hands to be washed? When are gloves to be used? What is the proper way to use gloves? What are the temperatures for holding cold and hot foods? What is the proper temperature for re-heating foods? How should foods be cooled? What are methods of cooling? How do you calibrate a probe thermometer? How do you properly thaw foods? Where do you keep employee drinks? Personal Items? How do you set up the three compartment sink for washing/sanitizing? Preventing Bare Hand Contact (2g) Cited April 05, 2010 Improper Cooling (3a) Cited February 09, 2009 Cited September 24, 2009 Improper Reheating (3b) Cited February 09, 2009 Improper Hot Holding (3c) Cited February 09, 2009 Cited July 21, 2009 Improper Cold Holding (3e) Cited July 21, 2009 Adequate Equipment to Maintain Food Temperatures (3g) Cited April 10,2009 Improper Cleaning & Sanitizing (4a) Cited April 05, 2010 Adequate Number of Hand Sinks (6a) (when cooking outside) Cited February 09, 2009 Toxic Items Improperly Used (8c) Cited February 09, 2009 Cited September 24, 2009 Non-Critical Violations Uncorrected, these can become serious problems. Food Protection (9b) Cited February 09, 2009 Cited April 10,2009 Cited July 21, 2009 Cited September 24, 2009 Equipment Design, Construction Food-Contact Surfaces (10a) Cited February 09, 2009 Cited April 10, 2009 Cited July 21, 2009 Cited September 24, 2009 Cited April 05, 2010 Equipment Design, Construction Nonfood-Contact Surfaces (10b) Cited February 09, 2009 Cited July 21, 2009 Testing Devices (11a) Cited February 09, 2009 Chemical Test Kits Provided (11c) Cited July 21, 2009 Cleaning of Non-Food Contact Surfaces (12b) Cited February 09, 2009 Utensil Provided, Used, Stored (13a) Cited July 21, 2009 Cited September 24, 2009 Cited December 14,2009 Re-Use of Single-Service Articles (13c) Cited February 09, 2009 Plumbing Not Maintained (14a) Cited February 09, 2009 Personal Items Not Stored Separately (14f) Cited July 21, 2009 Inspections Conducted Since February, 2009 February 09, 2009 Regular April 10, 2009 Follow Up May 08, 2009 Follow Up July 21, 2009 Follow Up September 24, 2009 Follow Up December 14, 2009 Follow Up April 05,2010 Regular Letters Issued April 17, 2009 First Notification of Non-Compliance for *02f, 09b and l0a June 01, 2009 Second Notification of Non-Compliance for *02f and First Compliance Warning for 09b and l0a August 03, 2009 Notice of Civil Penalty ($500.00) for *02f September 30, 2009 First Notification of Non-Compliance for *02d, *03e, 09b, 10a and 13a October 26, 2009 Second Notice of Civil Penalty ($750.00) for *02f and Notice of Informal Hearing November 20, 2009 Failure to Appear at Informal Hearing May 13, 2010 Notice of Formal Hearing 1 DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT 1555 N. 17th Avenue Greeley, CO 80631 WEBSITE: Www.cu,\\cl d.cn.uti ADMINISTRATION: (970) 304-6410 FAX: (970) 304-6412 PUBLIC HEALTH EDUCATION & NURSING: (970) 304-6420 Q FAX: (970) 304-6416 • • ENVIRONMENTAL HEALTH SERVICES: (970) 304-6415 COLORADO FAX: (970) 304-6411 November 20. 2009 Certified Letter No.: 7008 1830 00(14 6298 5 168 Maria Irene Oaxaca DeFlores 1851 E 88 Avenue Thornton, Colorado 80229 • RI:: Los Gallitos Taqueria, 720 Denver Avenue, Fort Lupton, Colorado FAILURE TO APPEAR AT INFORMAL IIEARING Dear Maria Irene Oaxaca DeFlores: • As you are aware, the Weld County Department of Public Health and Environment requested your attendance at an informal hearing held on November 10, 2009 at 9:30 a.m. The purpose of the hearing was to discuss options with you to correct ongoing critical violations ("02f-demonstration of knowledge- training needed) in your facility. Please note that there is no additional enforcement or penalties for not attending this hearing. • • However, the Department would like to summarize what would have been discussed in the informal hearing. We want to ensure that it is clear to you the owner, Maria Irene Oaxaca DeFlores, that if at the next inspection a '02f violation is cited (demonstration of knowledge-training needed) that you will be required to appear before the Board of County Commissioners for a formal hearing and will be subject to an additional civil penalty. The information that will he presented during the public hearing is attached. The amount of the civil penalty will be no less than seven hundred fifty dollars ($750.00) and not more than one thousand dollars (1,000.(X)). In addition an assessed civil-penalty of five hundred dollars ($500.00) was due 10 days from receipt of the First Notice of Civil Penalty which was hand-delivered to 720 Denver Avenue, Fort Lupton, Colorado on August I I, 2009, and an assessed civil penalty of seven hundred fifty dollars (5750.00) Certified Letter No.: 7008 181m0004 6298 5168 Los Gallilos Taqueria November 20, 2009 Page was due 10 days from receipt of the Second Notice of Civil Penalty which was received by you on October 28. 2009. As of November 20,2009, the Department has not received any civil penalty payment. Failure to pay the assessed civil penalties may also result in a public hearing before the Board of County Commissioners. Please forward payment as soon as possible. If there is additional information you feel we need to be aware of, please do not hesitate to contact Gail Harvey at 970-304-6415 ex. 2221}or Sara Evans at ex. 2201. Sincerely, Gail Har y Sara Evans Environmental Health Specialist Environmental Health Manager Environmental I lealth Services 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 Los Gallitos Taqueria, 720 Denver Ave, via hand delivered a;;.,), DEPARTMENT OF PUBLIC HEALTH&ENVIRONMENT 1555 N. IRA O ENUE 8O631 GRE WW COLORADO 80.US WWW.CO.WELD.CO.US W.CO.W ELD.CO.US ADMINISTRATION(970)304-6410 PUBLIC HEALTH EDUCATION&NURSING(970)304-6420 C FAX(970)304-6416 ENVIRONMENTAL HEALTH SERVICES(970)304-6415 FAX(970)304-6411 COLORADO CERTIFICATE OF DELIVERY Undersigned, a person over the age of 18, hereby certifies that the following was hand delivered to: I_cs C-)ALLirihy I c \ K-1yK I jc 1 L F LU /lc Documents Delivered: ' p f�.dm NV�y� C=Ct 'DL c F Ir,�`—�"t-�-✓�O�� rl�` �'c-��-�.r1C� F- R w Date Delivered Delivered (Si re) State of (2d//Y(724 County of , h/ • - / , Subscribed and Sworn before me this )- 7 day of I (�/�' "♦)—(,4L 2009, • / by 1C' &A- Hatt, uLfi a (-' to lI L�Q, c NotapPublic Signature My Commission Expires EE/ y/,..9.9,,;2_ a DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT 1555 N. 17'" Avenue Greeley, CO 80631 WEBSITE: www.co.weld.co.us ADMINISTRATION: (970) 304-6410 D FAX: (970) 304-6412 PUBLIC HEALTH EDUCATION &NURSING: (970) 304-6420 FAX: (970) 304-6416 es ENVIRONMENTAL HEALTH SERVICES: (970) 304-6415 COLORADO FAX: (970) 304-6411 October 26,2009 Certified Letter No.: 7008 1830 0004 6291 5585 Los Gallitos Taqueria Maria Irene Oaxaca DeFlores 1851 E 88 Avenue Thornton, Colorado 80229 RE: Los Gallitos Taqueria,720 Denver Avenue,Fort Lupton, Colorado SECOND NOTICE OF CIVIL PENALTY AND NOTICE OF INFORMAL HEARING RETAIL FOOD ESTABLISHMENT NON-COMPLIANT Dear Maria Irene Oaxaca DeFlores: You,Maria Irene Oaxaca DeFlores,are hereby notified that the Weld County Department of Public Health and Environment has determined that Los Gallitos Taqueria located at 720 Denver Avenue in Fort Lupton,Colorado has been found in violation of the provisions of Part 16,Title 25,Article 4,of the Colorado Revised Statutes and the Colorado Retail Food Establishment Rules and Regulations. You,as licensee, have been notified of the violation *021(training needed)in writing, have been given an opportunity to comply, and you have again been found to be in violation. Background Summary February 09,2009 A regular inspection was conducted where violation "02f(training needed)was cited. Staff unable to demonstrate knowledge of food safety to the inspector(based on questions asked and number of violations noted during the inspection). April 10,2009 A follow-up inspection was conducted where violation *021(training needed)was again . cited.Staff was unable to demonstrate knowledge by answering questions correctly. April 17,2009 A First Notification of Non-Compliance for *02f(training needed)was sent. 414\t DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT 1555 N. 17' Avenue Gre eley,y, CO 80631 WEBSITE: www.co.weld.co.us I ADMINISTRATION: (970) 304-6410 FAX: (970) 304-6412 PUBLIC HEALTH EDUCATION & NURSING: (970) 304-6420 FAX: (970) 304-6416 • ENVIRONMENTAL HEALTH SERVICES: (970) 304-6415 COLORADO FAX: (970) 304-6411 October 26,2009 Certified Letter No.: 7008 1830 0004 6291 5585 Los Gallitos Taqueria Maria Irene Oaxaca DeFlores - 1851 E 88 Avenue Thornton,Colorado 80229 RE: Los Gallitos Taqueria,720 Denver Avenue,Fort Lupton,Colorado SECOND NOTICE OF CIVIL PENALTY AND NOTICE OF INFORMAL HEARING RETAIL FOOD ESTABLISHMENT NON-COMPLIANT Dear Maria Irene Oaxaca DeFlores: You,Maria Irene Oaxaca DeFlores,are hereby notified that the Weld County Department of Public Health and Environment has determined that Los Gallitos Taqueria located at 720 Denver Avenue in Fort Lupton,Colorado has been found in violation of the provisions of Part 16,Title 25,Article 4,of the Colorado Revised Statutes and the Colorado Retail Food Establishment Rules and Regulations. You,as licensee,have been notified of the violation "021(training needed)in writing, have been given an opportunity to comply,and you have again been found to be in violation. Background Summary February 09,2009 A regular inspection was conducted where violation "02f(training needed)was cited. Staff unable to demonstrate knowledge of food safety to the inspector(based on questions asked and number of violations noted during the inspection). April 10,2009 A follow-up inspection was conducted where violation *02f(training needed)was again . cited. Staff was unable to demonstrate knowledge by answering questions correctly. April 17,2009 A First Notification of Non-Compliance for "02f(training needed) was sent, Certified Letter No.: 7008 18...,0004 6291 5585 • . I Los Gallitos Taqueria October 26, 2009 Page 2 April 22,2009 The First Notification of Non-Compliance was signed for by Jorge Luna. May 08,2009 A follow-up inspection was conducted where violation '02f(training needed)was again cited. Staff could not produce any information that training of staff had occurred. June 01,2009 A Second Notification of Non-Compliance for*02f(training needed)was sent. June 24,2009 The Second Notification of Non-Compliance was unclaimed and returned to the Health Department. July 21,2009 The Second Notification of Non-Compliance was hand delivered and a follow-up inspection was conducted where violation *02f(training needed)was again cited.The staff member present was unable to demonstrate food safety knowledge or compliance with the Colorado Retail Food Establishment Rules and Regulations. August 03,2009 A Notice of Civil Penalty ($500.00) for "02f was sent. August 11, 2009 The above Notice of Civil Penalty ($500.00)for *02f was hand delivered to 720 Denver Avenue.Fort Lupton,Colorado. August 26, 2O09 The Notice of Civil Penalty mailed on August 03,2009 was unclaimed and returned to the Health Department. September 9, 2009 The owners of Los Gallitos Taqueria,Rogelio and Maria Oaxaca DeFlores, met with Deb Adamson at the Health Department,stating they had never received any letters or copies of the inspection reports from their employees.The owners also verified that the address where the Notice letters had been sent was,indeed,their mailing address. Deb Adamson gave to the owners copies of all of 2009 inspection reports,as well as copies of the enforcement letters dated April 17,June 1 and August 3, 2009. Owners were informed of the inspection findings, the$500.00 civil penalty that has been assessed and the fact that there would be another inspection taking place in approximately two weeks, at which time, the employee demonstration of knowledge must have improved. Owners were given copies of all our food safety handouts in Spanish,a copy of the Colorado Retail Food Establishment Rules and Regulations in Spanish and schedules for the WeldStar classes offered by the Health Department. September 24,2009 A follow-up inspection was conducted where violation *02f(training needed)was again cited. Deb Adamson,who speaks Spanish,accompanied the regular inspector,Gail Harvey, to this inspection. Again,staff operating the establishment failed to demonstrate knowledge to the inspectors by not complying with the Colorado Retail Food Establishment Rules and Regulations. 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$750. 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 trust 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. Certified Letter No.: 7008 1830 tn.,.i4 6291 5585 Los Gallitos Taqueria October 26, 2009 Page 3 Note:The facility may use up to 50% of the assessed civil penalty to obtain long term compliance with the violatlon(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. Note: The$500.00 civil penalty that was issued on August 03,2009,has not been received by the Health Department. Along with the$750.00 being assessed in this Notice of Civil Penalty,$1250.00 must be paid to The Health Department. Failure to pay the penalty amount in full will subject you to further enforcement proceedings,including license suspensions or revocation. 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 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 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 third 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 informal hearing to be held at the Weld County Department of Public Health and Environment, Environmental Health Services Division, 1555 North 17'"Avenue,Greeley,Colorado,on November 10,2009 at 9:30 a.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 he aware of,please do not hesitate to contact Gail Harvey at (970) 304.6415 extension 2220 or Sara Evans at extension 2201. Sincerely, t' Gail Ha vey Sara Evans • - Environmental Health Specialist Environmental Health Manager Environmental Health Services 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 Certified Letter No.: 7008 1830 1,,,04 6291 5585 Los Gallitos Taqueria October 26, 2009 Page 3 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. Note: The$500.00 civil penalty that was issued on August 03, 2009,has not been received by the Health Department. Along with the$750.00 being assessed in this Notice of Civil Penalty,$1250.00 must be paid to The Health Department. Failure to pay the penalty amount in full will subject you to further enforcement proceedings,including license suspensions or revocation. 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 he made in writing within 10 days of the date of this letter to the Weld County Department of Public Health and Environment at 1555 North 17'"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 third 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 informal hearing to be held at the Weld County Department of Public Health and Environment, Environmental Health Services Division, 1555 North 171°Avenue,Greeley,Colorado,on November 10,2009 at 9:30 a.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 Gail Harvey at (970)304-6415 extension 2220 or Sara Evans at extension 220E Sincerely, 7. Gail Ha vey Sara Evans- Environmental Health Specialist Environmental Health Manager Environmental Health Services 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 441 80H: DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT 1555 N. 17' Avenue Gre eley,y, CO 8O631 WEBSITE: www.co.wcld.co.us ' ADMINISTRATION: (970) 304-6410 FAX: (970) 304-6412 PUBLIC HEALTH EDUCATION & NURSING: (970) 304-6420 O FAX: (970) 304-6416 • ENVIRONMENTAL HEALTH SERVICES: (970) 304-6415 COLORADO FAX: (970) 304-6411 September 30,2009 Certified Letter No.: 7008 1830 0004 6291 5332 Los Gallitos Taqueria Maria Irene Oaxaca DeFlores 1851 E 88 Avenue Thornton, Colorado 80229 RE: Los Gallitos Taqueria,720 Denver Avenue, Fort Lupton,Colorado FIRST NOTIFICATION OF NON-COMPLIANCE RETAIL FOOD ESTABLISHMENT Dear Maria Irene Oaxaca DeFlores: On September 24, 2009, an Environmental Health Specialist with the Weld County Department of Public Health and Environment, conducted a follow up inspection of Los Gallitos Taqueria, licensed by you Maria Irene Oaxaca DeFlores, located at 720 Denver Avenue, Fort Lupton,Colorado. The following items were found to be in violation of the Colorado Retail Food Establishment Rules and Regulations (* denotes a critical violation): VIOLATIONS *02d Observed cook wash hands in 3-compartment sink,rinse gloves off in 3-compartment sink and dried gloves with a dry cloth. Hands shall be washed at hand sink only. Gloves shall be removed when soiled and replaced with clean gloves. Corrected at time of inspection by speaking with employee about proper hand washing and glove use. Follow up in 10 days. THIS IS A REPEAT VIOLATION FROM LAST FOLLOW-UP INSPECTION. Certified Letter No.: 7008 1830 0004 6291 5332 Los Gallitos Taqueria September 30, 2009 Page 2 Section 2-404 of the Colorado Retail Food Establishment Rules and Regulations states"Food employees shall clean their hands in a hand sink or approved automatic hand washing facility and may not clean their hands in a sink used for food preparation or ware washing,or in a utility sink or a curbed cleaning facility used for the disposal of mop water and similar liquid waste." *03e Found several containers of food in large reach in cooler that were at 46-51 degrees F from the previous day. MI potentially hazardous foods shall be held at 41 degrees F or colder. Food was discarded. See voluntary condemnation. Tortillas and produce can remain in this cooler,but all other potentially hazardous foods shall be kept in the reach in cooler where drinks are stored, until large reach in cooler is repaired and can maintain a temperature of 41 degrees F or colder. Follow up in 10 days. 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." 09b Observed raw eggs being stored above boxes of fresh produce. Raw meats and eggs shall be stored below all fresh produce to prevent possible contamination. Correct immediately. Follow up in 10 days. THIS IS A REPEAT VIOLATION. Section 3-302 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..." 10a Observed many plastic grocery bags being used to store food. Food shall be stored in food grade containers. Correct immediately. Follow up in 10 days. THIS IS A REPEAT VIOLATION. Section 4-101 of the Colorado Retail Food Establishment Rules.and Regulations states: "Equipment, utensils,and single-service articles shall not impart odor,color,or taste, nor in any manner contribute to the contamination of food. Equipment and utensils shall be repaired with safe materials and maintained in good repair to comply with the requirements of this code." 13a Found Styrofoam cups being used as scoops in the drink containers. All utensils used to scoop food and drinks shall have a handle to prevent possible contamination from hands touching foods. Corrected at time of inspection by replacing with ladles. Follow up at next inspection. THIS IS A REPEAT VIOLATION. Section 3-306 of the Colorado Retail Food Establishment Rules and Regulations states "To avoid unnecessary manual contact with the food,suitable dispensing utensils and single-service articles shall be used by employees and consumers. Dispensing utensils shall be: A)Stored in the food with the dispensing utensil handle extended out of the food;or B)Stored clean and dry; or C) Stored in potable running water as in a running water dipper well; or D)Stored at temperatures of I35°F (57° C)and above, or 41°F(5°C) and below." Certified Letter No.: 7008 1830 0004 6291 5332 Los Gallitos Taqueria September 30, 2009 Page 3 Violation numbers *02d, *03e,09b, l0a and 13a were also cited during an inspection of this facility on July 21,2009 and deficiencies were to be corrected immediately and 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 correct the deficiencies set forth immediately and maintain correction of the deficiencies so as to comply with the Colorado Retail Food Establishment Rules and Regulations. Specifically, enact &enforce Standard Operating Procedures(SOPs)to ensure ongoing compliance with the Colorado Retail Food Establishment Rules and Regulations by training employees on hand washing and checking temperatures in cold holding areas procedures and monitoring employees to ensure compliance with SOPs.Example SOPs have 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. 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,will subject you, as licensee, to additional enforcement proceedings. 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 Gail Harvey at (970)304-6415 extension 2220. Sincerely, Gail Narrvey n Joseph Environmental Health Specialist Food Program Coordinator Environmental Health Services 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 Sara Evans, Environmental Health Manager, Environmental Health Services DEPARTMENT OF PUBLIC HEALTH&ENVIRONMENT 1555 N.COLORADO 7Th DAVENUE GREELEY WW COLORADO O.0 80631 W W W.CO.WELD.CO.US ADMINISTRATION(970)304-64W ID PUBLIC HEALTH EDUCATION&NURSING (970)304-6420 FAX(970)304-6416 C. ENVIRONMENTAL HEALTH SERVICES (970)304-6415 FAX(970)304-6411 COLORADO CERTIFICATE OF DELIVERY Undersigned, a person over the age of-18, hereby certifies that thefollowing was hand delivered to: L°ell o afra W'u iA CC.Ka.Ch �. -r 1 oes b-W ne-v S CIOL {oS I Ut4I Documents Delivered: L},,,.,i 1� 24 al Frb-r tro� c1(4,1)0 ��ku�aco�,lts of �Tlv� I \ tool Sew doh c�1�o r-P r\len Cdr t Ar.,i� SuSr k x°09 i•10¢I“. o cc Coil ( 19.&14.-i4 / 8 /tool lira Acd,asd2l. -6za t -aAL Date Delivered Delivered By (Signature) State of U /41/ �1� County of /A) - ( ( Subscribed and Sworn before me this ,} day of A ,r Sri At • 200 �j by 0 .0 ,�,_ Nz. A c& „t S I-t t — — — e1 -C{{ I4►-ltil!I No(ary Public Signature My Commission Expires )I /2- ......... ... . .. • Memorandum TO: File A 4erc FROM: Debra Adamson pa, agIa.T • DATE: September 8,2009 COLORADO SUBJECT: Los Gallitos Taquerla At a meeting on this date, I gave copies of this year's inspections as well as the enforcement letters dated April 17,June 1,-and August 3, 2009, to the owners,Rogelio and Maria Oaxaca De Flores. They stated during our meeting that they never had received any of these letters or copies of the inspection reports from their employees. They were informed of the inspection findings, the$500 civil penalty that has been assessed, and the fact that there will be an additional inspection to take place in approximately 2 weeks, at which time, the employee demonstration of knowledge must have improved. They were given copies of all our food safety handouts in Spanish, a copy of the Colorado Retail Food Establishment Rules and Regulations in Spanish, and schedules for the Weld Star classes here at our office as well as at the south county office. It( 6 DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT 1 1555 N. 171"AVENUE ?At iiirGREE631 LEYCOLORADO.WELD. 80.US W W W.CO.W 80.US ADMINISTRATION(970)304-6410 ' PUBLIC HEALTH EDUCATION&NURSING(970)304-6420 FAX(970)304-6416 C. ENVIRONMENTAL HEALTH SERVICES(970)304-6415 1111 FAX(970)304-6411 COLORADO CERTIFICATE OF DELIVERY Undersigned, a person over the age of 18, hereby certifies that the following was hand delivered to: Documents Delivered: ,A_., Rs -, i= c_.vy;1L_ A), i`, ll. -') )_-, -) l \. *\ a :::\'-' Date De 'vered Delivet d By IS- (Signature) State of f County of i {1) Theld . Subscribed and Sworn before me this 2J day of 4U ti 2009, � � i �1 / (r/4 by l. (at et Ha.ILL'h' - -41 Not y Public Signatures My Commission Expires ///) 8/I DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT 1555 N. 17th Avenue Greeley, CO 80631 WEBSITE: www.co.weld.co.us ADMINISTRATION: (970) 304-6410 INN FAX: (970) 304-6412 PUBLIC HEALTH EDUCATION & NURSING: (970) 304-6420 FAX: (970) 304-6416 • ENVIRONMENTAL HEALTH SERVICES: (970) 304-6415 COLORADO FAX: (970) 304-6411 August 03, 2009 Certified Letter No.: 7007 2680 0002 6015 8349 Los Gallitos Taqueria - Maria Irene Oaxaca DeFlores 1851 E 88 Avenue Thornton, Colorado 80229 RE: Los Gallitos Taqueria, 720 Denver Avenue, Fort Lupton,Colorado NOTICE OF CIVIL PENALTY RETAIL FOOD ESTABLISHMENT NON-COMPLIANT Dear Maria Irene Oaxaca DeFlores: You, Maria Irene Oaxaca DeFlores,are hereby notified that the Weld County Department of Public Health and Environment has determined that Los Gallitos Taqueria located at 720 Denver Avenue, Fort Lupton, Colorado has been found in violation of the provisions of Part 16;Title 25,Article 4,of the Colorado Revised Statutes and the Colorado Retail Food Establishment Rules and Regulations. You, as licensee, have been notified of the violation of *02f(training needed) in writing, have been given an opportunity to comply, and you have again been found to be in violation. . Background Summary . • February 09, 2009 A regular inspection was conducted where violation *02f(training needed) was cited. April 10,2(X)9 A follow-up inspection was conducted where violation *02f(training needed)was again cited. April 17, 2009 _ A First Notification of Non-Compliance for *02f(training needed) was sent. Certified Letter No.: 7007 2680 0002 6015 8349 Los Gallitos Taqueria August 03, 2009 Page 2 April 22,2009 The First Notification of Non-Compliance was signed for by Jorge Luna. May 08, 2009 A follow-up inspection was conducted where violation '02f(training needed)was again cited. June 01,2009 A Second Notification of Non-Compliance for *02f(training needed)was sent. June 24, 2009 The Second Notification of Non-Compliance was unclaimed and returned to the Health Department. July 21, 2009 The Second Notification of Non-Compliance is hand delivered and a follow-up inspection was conducted where violation *02f(training needed)was again cited. The staff member present was unable to demonstrate food safety knowledge or compliance with the Colorado Retail Food Establishment Rules and Regulations. 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. 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 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 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. 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 deficiency set forth no later than August 07, 2009,so as to comply with the Colorado Retail Food Establishment Rules and Regulations. 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 an additional civil penallywhich-maybe assessed by fhe Department. The amount of the civil penalty would be no less than seven hundred fifty dollars($750) and not more than one thousand dollars ($1,000). Certified Letter No.: 7007 2680 0002 6015 8349 Los Gallitos Taqueria August 03,2009 Page 3 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 Gail Harvey at (970)304-6415 extension 2220 or Sara Evans at extension 2201. Sincerely, atuthC\ --Q Gail Haiey Sara Evans Environmental Health Specialist Environmental Health Manager Environmental Health Services 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 (Cif6 DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT 1555 N. 17a' Avenue Gre eley,y, CO 80631 WEBSITE: www.co.weld.co.us ADMINISTRATION: (970) 304-6410 FAX: (970) 304-6412 O PUBLIC HEALTH EDUCATION & NURSING: (970) 304-6420 FAX: (970) 304-6416 • ENVIRONMENTAL HEALTH SERVICES: (970) 304-6415 COLORADO FAX: (970) 304-6411 June 01, 2009,2009 Certified Letter No.: 7007 2680 0002 6015 7830 Maria Irene Oaxaca DeFlores 1851 E 88 Avenue Thornton, Colorado 80229 RE: Los Galletos Taqueria,720 Denver Avenue, Fort Lupton,Colorado SECOND NOTIFICATION OF NON-COMPLIANCE AND FIRST COMPLIANCE WARNING RETAIL FOOD ESTABLISHMENT Dear Maria Irene Oaxaca DeFlores: On May 08, 2009, an Environmental Health Specialist with the Weld County Department of Public Health and Environment, conducted a follow up inspection of Los Galletos Taqueria, licensed by you Maria Irene Oaxaca DeFlores, located at 720 Denver Avenue, Fort Lupton,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 April 17, 2009. The following item was found to be in violation of the subject regulations (* denotes a critical violation): VIOLATIONS *02f) It has been cited twice previously (February 09, 2009 and again on April 10,2009) that at least one person (Ptrson'in-charge)shall attend a food-safety class. Facility was told about the April 20 Spanish class. They said they attempted to call three times but was unable to talk to anyone about the class. I left a WeldStar brochure with information about two more Spanish classes scheduled. Certified Letter No.: 7007 26811 00076015 7830 Los Galletos Taqueria June 01,2009 Page 2 Facility shall send at least one person to a food safety class by next regular inspection in November 2009. Follow up at next inspection. 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." Violation number *02f was also cited during an inspection of this facility on February 09, 2009 and April 10,2009 and the deficiency was to be corrected by April 20, 2009. 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 Mreby ordered to correct the deficiency set forth no later than June 08, 2009, so as to comply with the Colorado Retail Food Establishment Rules and Regulations. Specifically, show proof to the Health Department that you have signed-up and paid for a food safety class by bringing or faxing to the Health Department a receipt for the food safety class. There are several food safety classes available, in both English and Spanish, including, but not limited to, the Spanish WeldStar class offered by the Weld County Health Department on Monday,June 22. Information for registration for WeldStar classes was left at Los Galletos Taqueria during the last three inspections. 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 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. FIRST COMPLIANCE WARNING On May 08, 2009 an Environmental Health Specialist with the Weld County Department of Public Health and Environment, conducted a follow up inspection of Los Galletos Taqueria, licensed by you Maria Irene Oaxaca DeFlores, located at 720 Denver Avenue,Fort Lupton, Colorado to determine compliance with the First Notification of Non-Compliance issued by the Weld County Department of Public Health and Environment, to Los Galletos Taqueria on April 17, 2009. The establishment was found to be in compliance with the subject First Notification of Non-Compliance. However, please be.advised that if violations of the items 09b (improper storage of raw eggs)and l0a (improper use of grocery bagslor storing food)of the Colorado Retail Food Establishment Rules and Regulations as cited in the First Notification of Non-Compliance of April 17, 2009,are found,to exist during the next inspection, you will be issued a Second Notification of Non-Compliance. Certified Letter No.: 7007 268u 00026015 7830 Los Galletos Taqueria June 01,2009 Page 3 If you need assistance in complying with this Second Notification of Non-Compliance or First Compliance Warning or if there is additional information you feel we need to be aware of, please do not hesitate to contact Gail Harvey at (970) 304-6415 extension 2220. Sincerely, SCIA0-Et91149- Gail Harvey Sara Evans Environmental Health Specialist Environmental Health Manager Environmental Health Services 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 VIOLATION'S)OF THE COLORAL AETAIL FOOD ESTABLISHMENT RULES,_.4EGULATIONS FOLLOWING THE CIVIL PENALTY PROCEDURE, § 25-4-1611 (2)(a). C.R.S. Regular \ Inspection.No Vplatbn and compliance < Previous Civil ,•`, NCrIC dabs(FU daM)are listed pV!"tl�glg-,-W Penalty cantors on the Retail Food j Establishment Inspection Report. CPC lore.RF001. 1\/ Action Regulatory on _.— 1�)/r// Conduct the 1" Follow-up Inspection Ma,p.rtt Issue Compliance "� q Issue Notification of Warning Retail Food Non-Compliance Retail Establishment 25-4- — compliant Food Establishment 1611 C.R.S Conduct the 2w Follow-up Next Inspection Regular ry Inspection 5►��,/y.s�� 'M RMt1 1�a Issue Second Notification of Non-Compliance Retail Food Establishment QIssue Second Compliance Warning Retail Food Q� Establishment 25-4-1611 C.RS.May also assessa 4D Civil penally of 5250-5500. 4L� I 'i//. ' // Conduct the 3rd Follow-up Inspection ' 11 Next 1 Regular I, { is ' „ • Inspection \'�` '!•;. May Assess civil x;a penalty o1 5500-31900 Isere Noticed Civi Penalty ..5e.�.. Assessment. Issue Final Order of Civil Pinsky Assessment. Conduct ladle RI%o Notification d `..... ,... M • alaa4paawwa Additional Nan-Compliance Retail Food ._— Follow-up Establishment.May assess a Inspection civil penalty of 5500-31000.z Next �. Nogoraprizit ance Complience �� O Third l Regular \� k , Warning Retail Food Achieved! Inspection v Establishment,25-4-1611 - -- _—_ • a:Mnum of 3 Civil Penalties •ss.ssment at the t civil penalty m any calendar year requires e department to initials action to revoke or suspend the Retail ood Establishment License pursuant to section 25.4-1609. • c • (Vikeii;szt DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT 1555 N. Avenue Gre eley,y, CO 80631 WEBSITE: www.co.weld.co.us ' ADMINISTRATION: (970) 304-6410 FAX: (970) 304-6412 PUBLIC HEALTH EDUCATION & NURSING: (970) 304-6420 O FAX: (970) 304-6416 • ENVIRONMENTAL HEALTH SERVICES: (970) 304-6415 COLORADO FAX: (970) 304-6411 April 17,2009 Certified Letter No.: 7007 2680 0002 6002 4545 Maria Irene Oaxaca DeFlores 1851 E 88 Avenue Thornton, Colorado 80229 RE: Los Galletos Taqueria,720 Denver Avenue,Fort Lupton,Colorado • FIRST NOTIFICATION OF NON-COMPLIANCE RETAIL FOOD ESTABLISHMENT Dear Maria Irene Oaxaca DeFlores: On April 10,2009,an Environmental Health Specialist with the Weld County Department of Public Health and Environment,conducted a follow up inspection of Los Gallptos Taqueria, licensed by you Maria Irene Oaxaca DeFlores, located at 720 Denver Avenue,Fort Lupton,Colorado. The following items were found to be in violation of the Colorado Retail Food Establishment Rules and Regulations(" denotes a critical violation): VIOLATIONS *02f) Cook(PIC) had trouble understanding and answering questions and did not know how to calibrate probe thermometer. Ml persons in charge shall demonstrate knowledge of foodborne disease prevention. 'Correct by attending a food safety class. The health department will be holding a WeldStar class in Spanish on April 20. Please call 970-304-6415 for information and to register for class.THIS IS A REPEAT VIOLATION. Follow up in 10 days. 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." 09b) Found raw-eggs being stored above bottles of soda. Raw eggs and raw meat shall be stored below other foods t6 prevent possible.contamination. Corrected at time of inspection. THIS IS A REPEAT VIOLATION. Follow up in 10 days. Certified Letter No.: 7007 2680..A2 6002 4545 Los Galletos Taqueria April 17, 2009 Page 2 Section 3-302 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..." 10a) Found food being stored in plastic grocery bags. These bags are not designed for food contact. All food shall be stored in containers designed to be in contact with food. Correct by replacing with food grade containers. Follow up in 10 days.THIS IS A REPEAT VIOLATION. Section 4-101 of the Colorado Retail Food Establishment Rules and Regulations states"All equipment, utensils and single service articles shall he fabricated with safe materials;be of commercial design nor in any manner contribute to the contamination of food." Violation numbers *02f,0% and l0a were also cited during an inspection of this facility on February 09,2009 and deficiencies were to be corrected by March 09,2009. 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 set forth immediately and maintain correction of the deficiencies 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). 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 Gail Harvey at(970) 304-6415 extension 2220. • • Sincerely, t. ,,-.. 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" • ti DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT (i? &,, 1555 N 17TH AVE GREELEY, 7T 80631631 WEBSITE: www.co.weld.co.us ' ADMINISTRATION (970) 304-6410 FAX (970) 304-6412 C PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420 FAX (970) 304-6416 ENVIRONMENTAL HEALTH SERVICES (970) 304-6415 COLORADO FAX (970) 304-6411 • May 13.2010 Hand Delivered Maria Irene Oaxaca DeFlores 1851 E 88 Avenue Thornton,Colorado 80229 RE: Los Gallitos Taqueria.720 Denver Avenue.Fort Lupton,Colorado NOTIFICATION OF HEARING RETAIL FOOD ESTABLISHMENT NON-COMPLIANT Dear Maria Irene Oaxaca DeFlores: You.Maria Irene Oaxaca DeFlores,are hereby notified that the Weld County Department of Public Health and Environment has determined that Los Gallitos Taqueria located at 720 Denver Avenue,Fort Lupton,Colorado,has been found in violation of the provisions of Part 16,Title 25,Article 4 of the Colorado Revised Statutes and the Colorado Retail Food Establishment Rides and Regulations. You,Marie Irene Oaxaca DeFlores,are scheduled to appear before a public meeting of the Weld County Board of Commissioners on May 24,2010,at 9:00 a.m. The hearing will be held at the Weld County Centennial Center,915 10"1 Street,First Floor,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 purpose of this hearing is to discuss the ongoing issues of non-compliance at the Retail Food Establishment(see enclosed timeline). Please come prepared to discuss those violations and corrective actions being taken. If you need assistance in complying with this Notification of Hearing or if there is additional information you feel we need to be aware of,please contact us at(970)304-6415. Sincerely, Gail Harvey Deb Adamson Environmental Health Specialist Consumer Protection Manager Environmental Health Services Environmental Health Services cc: Trevor liricek,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 Sara Evans,Environmental Health Manager,Environmental Health Services Hello