HomeMy WebLinkAbout20083079.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING REVOCATION OF COLORADO RETAIL
FOOD ESTABLISHMENT LICENSE - CARNICERIA LA PROVIDENCIA
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, Carniceria la Providencia, located at 2434 10th Street, Greeley, Colorado
80634, 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 19th day of November, 2008, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violations,
and
WHEREAS,Esmeralda Velasquez,owner, Manuel Meza and Maria Meza,employees,were
present at said hearing, and
WHEREAS, after hearing testimony from all present, the Board of County Commissioners
deems it advisable to issue a one-month suspension of said Retail Food Establishment License,
to be actively suspended for a two-week period to be served beginning November 19, 2008,
through December 2, 2008, and
WHEREAS, the Board deems it advisable to order staff from the Department of Public
Health and Environment to conduct a thorough inspection of the establishment within the two-week
active suspension period, and to present the findings of the inspection to the Board at the
scheduled meeting of December 1, 2008, with the intention that if staff determines that all critical
violations of the Colorado Retail Food Establishment Rules and Regulations have been adequately
addressed, the remaining two (2)weeks of the suspension shall be held in abeyance for a period
of one (1) month, pending no further critical violations of the Colorado Retail Food Establishment
Rules and Regulations during this period.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that said Retail Food Establishment License for Carniceria la Providencia,
located at 2434 10th Street, Greeley, Colorado 80634, be, and hereby is, actively suspended for
a two-week period, to be served November 19, 2008, through December 2, 2008.
BE IT FURTHER RESOLVED by the Board that staff from the Department of Public Health
and Environment be ordered to complete a thorough inspection of the establishment during the
active two-week suspension period, and present the findings to the Board during the regularly
scheduled meeting held on December 1, 2008, at 9:00 a.m.
2008-3079
HL0035
HEALTH VIOLATIONS - CARNICERIA LA PROVIDENCIA
PAGE 2
BE IT FURTHER RESOLVED by the Board that the employees of Carniceria la Providencia
shall be required to attend Weld STAR(Sanitation Training Assistance for Restauranteurs)training
classes, facilitated by representatives of the Department of Public Health and Environment.
BE IT FURTHER RESOLVED by the Board that the owner/operator shall be assessed a
Civil Penalty Fee, in the amount of$500.00, and shall provide adequate payment of the fee before
the establishment is allowed to resume operations.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 19th day of November, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 4TMf ) '.
m H. Jerke, Chair
Weld County Clerk to the B. ff6i I( ?���
r:.elrt . Mas ro-Tem
CA'r ���
D$puty C erk to the Boar% `�,.I�
William F. Garcia
APPRO DICS. ORM: EXCUSED
David E. Lon
aunty Attorney �` -4r
glas,Kademach
Date of signature: 1.} 1'ICZ
2008-3079
HL0035
`=- Memorandum
• • • TO: Board of County Commissioners
FROM: Debra Adamson
1 0 •
a�' • DATE: November 14, 2008
ci"iii;' '
i .
SUBJECT: Carniceria la Providencia
Carniceria la Providencia (a meat market, restaurant and grocery), located at 2434 10`h Street,
Greeley, Colorado, has failed to maintain compliance with the Colorado Retail Food
Establishment Rules and Regulations (please see attached timeline). The Weld County
Department of Public Health and Environment has given the facility all opportunities to come
into compliance as afforded to them in the Colorado Revised Statutes. Unfortunately, our
inspectors continue to observe violations that have the potential to directly result in illness of the
patrons dining and purchasing meat at the establishment.
The Weld County Department of Public Health and Environment recommends the Board of
County Commissioners (BOCC)revoke Carniceria la Providencia's Retail Food Establishment
License. In the event the facility's license is not revoked, we recommend that the BOCC direct
the facility to pay the assessed civil penalty($1,000) as a condition of reopening or continued
operation.
2008-3079
1
Carniceria la Providencia
Background Summary
December 1,2006 Complaint received regarding slaughter of animals at facility. USDA
investigated and found that the animals were not killed there, but were
brought in and portioned post being killed at a dairy north of Greeley. The
meat then was returned to workers at the dairy. Facility told to keep farm
animals separate from retail meat in the meat cooler. (At this point the Meza
family was running the facility,but did not own it until June 2007).
July 9,2007 Food borne illness complaint inspection at which a regular, complete
inspection was performed. Facility was cited for five critical items including
failure to rapidly cool cooked food and for not cold holding potentially
hazardous food items at a temperature of 41°F or below. Food borne
illnesses epidemiologically linked due to correspondence between foods
eaten, victims' symptoms, and inspection fmdings,but without laboratory
verification.
July 10,2007 Brief follow-up inspection conducted. Walk-in cooler was holding
temperature and there were no potentially hazardous foods being held in the
cold top refrigerator.
July 16,2007 Notice of Violation issued for failure to obtain a Retail Food Establishment
License after the change of ownership which took place in June 2007.
July 16,2007 Complaint received regarding food handler using bare hand contact with
ready-to-eat food and dirty conditions in the store. No bare hand contact
observed during inspection. Store and bathrooms passably clean.
July 23,2007 Follow-up inspection: Facility was again cited for failure to rapidly cool
cooked food and for not cold holding potentially hazardous food items at a
temperature of 41°F or below.
August 7,2007 Facility issued First Notification of Non-Compliance. Notification states that
facility must achieve compliance or it will be subject to a civil penalty of no
less than$250 and no more than$1,000.
August 16,2007 Phone call received from the City of Greeley building inspector, John
Phillips, related to condition of the store,particularly the meat department
and the kitchen, as well as seeing personnel who cook food go directly from
playing with children in the store to preparing food for customers. His
inspection of that date yielded 16 separate violations.
August 20,2007 Second follow-up inspection: Facility cited for failure to rapidly cool cooked
food and for not cold holding potentially hazardous food items at a
temperature of 41°F or below. Note: Fire prevention specialist George
Kreiling also did an inspection on this date,with nine separate violations
cited.
2
August 28,2007 Notice of Civil Penalty issued($250)for failure to rapidly cool cooked food
and for not holding potentially hazardous food items at a temperature of 41
degrees and below.
September 13,2007 Regular inspection of the facility: Facility is cited for 14 critical items,
including severe fly and rodent infestations,refrigeration problems, hot water
availability, hygienic practices, and failure to adequately clean the store.
Facility is asked to voluntarily close until the issues are resolved.
September 14,2007 Facility reopened after making sufficient progress in addressing the rodent and
fly infestation,cleaning, refrigeration and hot water availability issues.
September 20,2007 Facility issued Second Notification of Civil Penalty($500) and Notice of
Informal Hearing is sent.
September 27,2007 Informal hearing held in Health Department office. Compliance issues dating
back to the July 2007 acquisition of the business by Esmeralda Velasquez
were discussed. These included the food borne illness complaint,the
continued critical violations,the temporary closure and the issuance of two
civil penalties. Owner was notified that the assessment of a third civil
penalty would result in a public hearing with the Board of County
Commissioners at which time a request would be made for revocation of your
license. In addition, it was discussed that ownership is responsible for the
correction of violations and the maintenance of those corrections and for
training employees. The owner was given food safety information in both
Spanish and English.
November 2,2007 Follow up inspection conducted in which 10 critical violations are noted,
including repeat violations of hand washing and pest control (fly problem
continued but rodent problem much improved). There were no cooling or
cold holding violations.
November 16,2007 Warning letter issued, in which facility is notified that it has gained some
improvement but must attain substantial compliance with the Regulations and
maintain it through the next two regular inspections or the Department will
request a hearing with the Board of County Commissioners and a civil
penalty assessment of not less than$1,000 will be made.
December 6,2007 Regular inspection conducted in which the facility was found to be in
substantial compliance with the regulations. Critical violations were cited
(four, with one repeat violation)but improvement noted.
December 11,2007 Facility was issued a Third Compliance Warning letter advising that the
establishment must remain clear of violations contained in the following
sections of the Colorado Retail Food Establishment Rules and Regulations
for two (2)regular inspections in order to avoid the assessment of a civil
penalty of not less than$1,000 and a recommendation to the Weld County
Commissioners for license suspension/revocation:
2-402: When to Wash Hands
2-501: Hygienic Practices
3-301: Glove Use and Bare Hand Contact with Ready-to-Eat Food
3-401: Temperature
3
3-502: Cooling Cooked Food—Parameters
3-503: Methods for Cooling Cooked Food
5-208: Hand Sinks—Accessibility, Availability of Hot and Cold
Water,Availability of Soap and Hand Drying Devices
8-102: Pest Control
May 12,2008 Complaint received regarding food handler working in the kitchen with a
bloody cut on his hand,meat department workers throwing raw meat back
and forth,playing, and dirty conditions in the store. These issues were
addressed during the May 14, 2008,inspection. Food handler had cut his
hand and then quit working when he discovered that his hand had not quit
bleeding. Store and bathrooms at the time of inspection were not pristine
but were passable.Talked with Pancho Meza and Esmeralda Velasquez
about supervising employees.
May 14,2008 Regular inspection conducted in which four critical items are cited(no
cooling, cold holding, or pest issues).
July 25,2008 Regular inspection conducted in which four critical items are cited
(cooling, cold holding, cross contamination, sanitizing).
July 31,2008 Facility was given an extension of this warning, even though inspections on
May 14, 2008, and July 25, 2008, still contained some violations from these
sections, because improvement had been made.
November 4,2008 Regular inspection in which eight critical items were cited, including four
which were related to regulations 2-501, 3-401, and 5-208 (hygienic
practices,cold holding,and lack of soap at hand washing sink).
Carnicria Ia
Providencia
November 19 , 2008
Hearing with Board of County
pr Commissioners
Ensuring a Safe Food Supply
By the authority of the Colorado Revised Statutes we
have the responsibility to ensure a safe food supply in
Retail Food Establishments.
• This is accomplished through the use of a uniform code of
sanitary rules (the Colorado Retail Food Establishment Rules
and Regulations).
• The rules include provisions on the following:
Preparation. sale and serving of food
Wholesomeness of food and drink
Equipment design and construction
Sanitary maintenance of facility
Source and protection of food and water
Disposal of liquid and solid waste
Other
1
lii,Regulatory Foundation
To request license revocation for Carniceria la Providencia
pursuant to Colorado Revised Statute 25-4-1609
25-4-1609. Discinlinaryactions - revocation - suspension - review
(1 ) The department or local board of health may. on its own motion or complaint
and after an investigation and hearing at which the licensee is afforded an
opportunity to be heard. suspend or revoke a license or certificate of license for
any violation of this part 16. any rule adopted pursuant to this part 16. or any of
the terms. conditions. or provisions of such license or certificate of license. A
written notice of suspension or revocation, as well as any required notice of
hearing, shall be sent by certified mail to the licensee at the address contained in
the license or certificate of license.
(2) The revocation and suspension of a license or certificate of license shall be in
addition to any other penalties prescribed by this part 16. No suspension shall be
for a period longer than six months. When a license or certificate of license is
suspended or revoked. no part of the fees paid for a license shall be returned to
the licensee.
dimilej
Carniceria Ia Providencia
Carniceria la Providencia is a retail food establishment that operates
a meat market, grocery and small restaurant in shared space.
- The establishment has been unable to maintain compliance with the
Colorado Retail Food Establishment Rules and Regulations. and it
has had 55 critical violations cited in 11 inspections in a 16-month
time frame.
- The 16-month time frame includes a closure due to a rodent and fly
infestation and other critical issues, as well as a likely food borne
illness outbreak.
Three civil penalties have been assessed .
2
History
- December 2006 (when family IF
was running the store, prior to
ownership by Esmeralda
Velasquez). complaint received
that farm animals were being
slaughtered in facility. USDA
investigated and found animals � : •
• •
were killed at a dairy north of _ . 4 et
Greeley and transported to the 1
t .
store for portioning. USDA
decided to allow this as long as
only portioning took place. theli \
meat was returned to the dairy •
afterward. and while stored in �'
the facility was maintained
separately from the retail meat. •
;
.. r
kits ,
History
4, Since July 2OO7
• July 2007. food borne illness complaint epidemiologically linked. due to
findings during inspection and victims' symptoms, but without laboratory
verification
• July 2007, complaint of food handler contacting ready-to-eat food with
bare hands and dirty conditions in store: no bare hand contact observed
and store passably clean.
• August 2007. complaint from City of Greeley building inspection
department regarding store condition: 16 violations cited that have since
been resolved.
• August 2007. inspection by Fire Prevention Specialist with 9 violations.
• September 2007. closure of facility due to insect and rodent infestation,
refrigeration problems. lack of hot water, and unsanitary condition of
store, occurring simultaneously.
• May 2008. complaint of food handler working with bloody cut on hand.
workers throwing meat in meat department, and dirty conditions in store.
On inspection. food handler stated he had quit working when he
discovered that the bleeding had not stopped, conditions in store were
passable. and discussion held regarding supervision of employees.
3
History
• Since July 2007
• Conducted 7 regular inspections and 4 follow-up inspections
(Normally would have conducted 3-4 total in that time period )
P . Two 1 '-' Notifications of Non-compliance
• One Notification of Civil Penalty (S250)
lie • One 2nd Notification of Civil Penalty ($500 )
• One informal hearing
. Three compliance warning letters issued
• One 3n1 Notification of Civil Penalty ($ 1 .000)
Ir
lipSpecial Conditions
Combination raw meat cutting/sales in proximity
to restaurant food preparation
Intermingling and migration of workers from one
work area to another due to locations of service
sites , refrigeration units , and preparation tables
Commissary of record for three mobile units
4
Violation Comparisons
6
5
c 4
o - -
V
U
■ Average
C 3
■ Providencia
a
v 2
U
1
111
0 -
critical violations non-critical violations
Enforcement Actions Comparison
90%
80% - - -
70%
V7
O 60% - ■
< 50%
-
■ Average
m
E 40o% • Providencia
■ ._
�•° 30(2/0
c
20%
10%
_ _ -I
0% I
Voluntary Condemnations Enforcement Letters
5
WhitWELD COUNTY DEPARTMENT OF PUBLIC HEALTH& ENVIRONMENT
1555 N. 17TH AVENUE
GREELEY. CO RO63I '
COLORADO (970) 304-6415 FAX i9701 304-6411 Past One of_ ,
MABLUH3Lt T OWNEL'HANAGEll
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• 03 Food Temperature Control
Temptraurt Control Prcrctfuet — ' 12 Cesnirg at Equipment and Utemils
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Temperature Control Violations
Improper Cold Holding ( malfunctioning
refrigeration , leaving food at room temperature )
• July 9 , 2007
• July 23 . 2007
• August 20 , 2007
• September 13 . 2007 (2 violations)
• July 25 . 2008
• November 4. 2008
6
Proper Cooling
Proper Cooling
135°F
57°C
OM "
70°F
21°C
4
41°F
\ 5°C
En riamiento adecuado
5,
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-- - ._
Pim
Improper Cooling Violations
. „ Tr-
Failure to cool cooked
food according to safe r .
time parameters :
• July 9. 2007 *50
• July 23. 2007 , -
• August 20. 2007
• July 25. 2008 "
Foods to the right, after
cooling overnight
• August 20. 2007 top
• July 25. 2008 bottom
Yg Improper H ienis Practices
Cited on: Ti
• September 13. 2007
• November 2. 2007
(2 violations)
• December 6. 2007
• November 4. 2008
(2 violations)
Violations included
food/utensils found in
hand sinks (3 times ).
employees preparing
food while wearing
wrist jewelry (twice).
drying hands on a '7
common towel.
Violations of Concern Due to
Interaction of Raw Wiesat Processing
and Restaurant
No sanitizing chemical at 3-compartment sink :
May 14 , July 25 . and November 4 , 2008 .
Cross-contamination ( cited as 1c when it is
overtly observed , cited as 9b when the potential
is observed ) : 11 violations
Hand sinks not stocked with soap and/or paper
towels ( 7 out of 11 inspections )
4 Hygienic practices ( cited during 4 of the last 7
inspections )
Employee drinks in food preparation area ( cited
during 3 of the last 5 inspections )
8
Environmental Interaction
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li Environmental Interaction
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Cleaning Issues
( meat display case , under shelving )
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Cleaning Issues
( meat display case )
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Cleaning Issues
( inside ice machine )
40, .. l• it .
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Photos : Rodent Infestation
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11
Rodent Infestation
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Centers for Disease Control
Food Borne Illness Risk Factors
Improper Holding Times and Temperatures
i
Poor Personal Hygiene
Contaminated Equipment / Cross-Contamination
Carniceria la Providencia ' s critical violations
associated with most common food borne illness
risk factors : 62 %
12
Summary
In closing : We are asking for license revocation
due to the food borne illness risk that the facility
is posing to the public .
o Proximity of raw meat cutting/sales operation to other
areas where ready-to-eat food is prepared and served
O As one issue is resolved . another arises : cooling
cooked food . refrigeration down . rodent infestation ,
hygienic practices , maintenance of premises.
• Lack of active managerial control ; the family operated
the facility prior to actually owning it, and the same
issues existed . 4
a
13
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