The URL can be used to link to this page

Browse Search

Home My WebLink About20181828.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING SUSPENSION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE - TAQUERIA LA SIERRA 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, Taqueria La Sierra, located at 720 Denver Avenue, Fort Lupton, Colorado 80621, is allegedly in violation of the Colorado Retail Food Establishment Rules and Regulations, and WHEREAS, on June 11, 2018, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violations at the facility licensed to Taqueria La Sierra, and WHEREAS, after hearing testimony from all present, the Board of County Commissioners moved to issue a suspension of the license, and ordered that the $250.00 civil penalty be held in abeyance to offset the cost of hiring and utilizing the services of a third -party consultant to provide formal food safety training to the entire facility staff, with follow-up inspections and with the understanding that Health staff may bring this matter back before the Board if repeat critical violations are observed or should the facility fail to remain in substantial compliance. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Colorado Retail Food License issued to Taqueria La Sierra, located at 720 Denver Avenue, Fort Lupton, Colorado 80621, be, and hereby is, suspended while a consultant is utilized to assess the facility and provide formal food safety training to the entire facility staff, with the $250.00 civil penalty held in abeyance to help offset the cost of hiring a consultant. BE IT FURTHER RESOLVED by the Board that Health staff is instructed to make . follow-up inspections and to bring this matter back to the Board if repeat critical violations are observed or should the facility fail to remain in substantial compliance. cc: Ht_C OS/C7v) ca. or -H/ c.) 07- 2-4-18 2018-1828 H L0050 RE: COLORADO RETAIL FOOD ESTABLISHMENT LICENSE - TAQUERIA LA SIERRA PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of June, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: W_,dMi4)�CL�►� Weld County Clerk to the Board BY: Deputy Clerk to the B ountr A ttorney Date of signature: O Steve Moreno, Chair Sean P. Conway 2018-1828 H L0050 Memorandum TO: Board of County Commissioners FROM: Dan Joseph DATE: June 11, 2018 SUBJECT: Taqueria La Sierra Taqueria La Sierra, located at 720 Denver Avenue in Fort Lupton, Colorado, and owned by Taqueria La Sierra LLC, has failed to maintain compliance with the Colorado Retail Food Establishment Rules and Regulations (Regulations) (see attached timeline and background summary). Though the Weld County Department of Public Health and Environment (Department) has given the facility all opportunities afforded them by the Colorado Revised Statutes to come into compliance, there have been repeated violations resulting in the assessment of three civil penalties within a 12 -month period. In addition, during this time period multiple other critical violations were noted that have the potential to directly result in illness of patrons dining at the establishment. For these reasons, the Department recommends the following: • Contract with an approved food safety consultant to provide on onsite training for all staff and to conduct at least 1 inspection while food service operations are occurring. • Have current management attend accredited class to become a certified food protection manager within two weeks of the hearing. • Limitation of food service operations at the restaurant: no cooling of potentially hazardous foods until such time that the facility can demonstrate substantial compliance. • Suspend the retail food license until such time that a consultant has been obtained and training held. • Allowance for use of the two hundred fifty dollar ($250.00) civil penalty to defray costs of achieving compliance. • Performance of two inspections by the Department following any license suspension with the objective being no repeat critical violations and substantial compliance with the Regulations otherwise. Should the establishment be unsuccessful in meeting the conditions imposed during the hearing on June 11, 2018, the Department would request the ability to bring the matter before the Board once again. 2018-1828 Taqueria La Sierra History of Violations March 2017 to May 2018 SUMMARY Since March 29, 2017, the Department has performed 10 inspections where 61 violations were cited for an average of 6.1 violations per inspection. The average number of violations cited for all licensed retail food facilities is 2.2 for regular and follow-up inspections combined. Of the 61 violations cited, 55 were critical violations (90%). Of those critical violations, 28 were foodborne illness risk factor violations (51%). CRITICAL ITEMS Critical items are related directly to foodborne illness. Foodborne illness risk factors are identified by the Centers for Disease Control as most commonly contributing to foodborne illness. lb Mold` Food Cited on July 5, 2017 lc Cross Contamination (improper storage of raw animal foods) Cited on May 3, 2017 Cited on July 5, 2017 Cited on March 20, 2018 Cited on April 2, 2018 Cited on April 19, 2018 if Consumer Advisory Cited on March 29, 2017 2c Failure to Wash Hands When Required Cited on July 5, 2017 2d Improper Hygienic Practices Cited on June 9, 2017 Cited on July 5, 2017 Cited on August 15, 2017 2e Improper Employee Drink Storage, Eating Cited March 29, 2017 Cited on May 3, 2017 Cited on July 5, 2017 Cited on August 15, 2017 Cited on March 20, 2018 2f Training Needed Cited on June 9, 2017 Cited on July 5, 2017 Cited on April 2, 2018 Cited on April 19, 2018 Cited on May 16, 2018 2g Bare Hand Contact with Ready -to -eat Foods Cited on July 5, 2017 3a Improper Cooling of Potentially Hazardous Foods Cited on June 9, 2017 Cited on August 15, 2017 Cited on March 20, 2018 Cited on April 2, 2018 Cited on April 19, 2018 3c Improper Hot Holding of Potentially Hazardous Foods Cited on March 20, 2018 3e Improper Cold Holding of Potentially Hazardous Foods Cited on March 29, 2017 Cited on June 9, 2017 Cited on April 19, 2018 Cited on May 16, 2018 3g Inadequate Equipment to Maintain Temperatures Cited on April 19, 2018 5b Hot Water Unavailable at Hand Sink Cited on March 29, 2017 Cited on May 3, 2017 Cited on June 9, 2017 5c Improper Backflow Protection Cited on March 29, 2017 Cited on May 3, 2017 Cited on June 9. 2017 6b Hand Sink Inaccessible Cited on May 3, 2017 Cited on June 9, 2017 Cited on July 5, 2(17 6c Soap and Hand Drying Devices Not Available Cited on March 29, 2017 Cited on May 3, 2017 Cited on April 19, 2018 7a Evidence of Pest Cited on May 16, 2018 7b Unapproved Pesticide Cited on March 20, 2018 8a Chemicals Improperly Stored Cited on March 29, 2017 Cited on July 5, 2017 8c Chemicals Improperly Used Cited on June 9, 2017 NON -CRITICAL ITEMS 9b Food Not Protected from Contamination Cited on March 29, 2017 Cited on August 15, 2017 Cited on March 20, 2018 11c Test Strips Unavailable Cited on August 15, 2017 12b Unclean Storage Shelves Cited on March 20, 2018 12d Wiping Cloths Found Without Sanitizer Cited on August 15, 2017 LETTERS ISSUED RESULTING IN A CIVIL, PENALTY May 17, 2017 A First Notification of Violation was issued for violations *2e (improper storage of employee drink), *5b (no hot water available at hand sink), *5c (directly drained three compartment and food preparation sink), and *6c (no soap and paper towels provided at hand sink) and was delivered via regular mail June 19, 2017 A First Notification of Violation was issued for violation *6b (inaccessible hand sink) and was delivered via regular mail June 19, 2017 A Second Notification of Violation was issued for violations *5b (no hot water available at hand sink) and *5c (directly drained three compartment and food preparation sink) and was delivered via regular mail June 19, 2017 A Compliance Warning was issued for violation *6c (no soap and paper towels provided at hand sink) The Compliance Warning stated that correction of the violation must be maintained at the next regular inspection or a Second Notification of Violation would be issued. July 24, 2017 A Notice of Civil Penalty in the amount of $250 00 and Compliance Warning was issued for violations *5b (no hot water available at hand sink) and *5c (directly drained three compartment and food preparation sink) The Compliance Warning stated that correction of the violation must be maintained at the next regular inspection or a Second Notification of Civil Penalty would be issued July 24, 2017 A Second Notification of Violation was issued for violation *6b (inaccessible hand sink) and was delivered via regular mail August 30, 2017 A Second Notice of Civil Penalty in the amount of $250 00 and Notice of Compliance Review was issued for violation *6b (inaccessible hand sink) and was delivered via regular mail September 14, 2017 A Compliance Review was held with the facility During the review it was discussed that, if an additional civil penalty was assessed for any violation through August of 2018, a license suspension/revocation hearing with the Board of County Commissioners may be scheduled April 3, 2018 A First Notification of Violation was issued for violations lc (improper storage of raw animal foods) and 3a (improper cooling of potentially hazardous foods) and was delivered via regular mail April 23, 2018 A Second Notification of Violation was issued for violations lc (improper storage of raw animal foods) and 3a (improper cooling of potentially hazardous foods) and was delivered via regular mail May 18, 2018 A Notice of Civil Penalty in the amount of $250 00 was issued for violations lc (improper storage of raw animal foods) and 3a (improper cooling of potentially hazardous foods) and was delivered via regular mail INSPECTIONS CONDUCTED March 29, 2017 May 3, 2017 June 9, 2017 July 5, 2017 August 15, 2017 October 5, 2017 March 20, 2018 March 27, 2018 April 2, 2018 April 19, 2018 May 16, 2018 Regular Inspection Follow-up Inspection Follow-up Inspection Follow-up Inspection Follow-up Inspection Regular Inspection Regular Inspection Targeted Training Follow-up Inspection Follow-up Inspection Follow-up Inspection Conducted by N Trautner Conducted by N Trautner Conducted by N Trautner Conducted by N Trautner and R Kuhnel Conducted by N Trautner and C Lenton Conducted by C Lenton and K Bevel Conducted by C Vogt Conducted by C Vogt Conducted by C Vogt Conducted by C Vogt and D Joseph Conducted by C Vogt and J Deak 6/7/2018 Taqueria La Sierra Date: dune 1 1 , 201 8 Hearing with Board of County Commissioners Statutory and Regulatory Foundation The Colorado Revised Statutes (CRS) (Part 16, Food Protection Act) require the Department to utilize the minimum standards and rules contained in the Colorado Retail Food Establishment Rules and Regulations to ensure the safety of food prepared, sold, or served in retail food establishments. Provisions are made for the following: preparation, sale, and service of food food from an unsafe source poor personal hygiene wholesomeness of food and drink equipment design and construction sanitary maintenance of facility improper temperature control 1 6/7/2018 Colorado Revised Statutes, Section 25-4-1609 Section 25-4-1609 allows the Department and the Board of County Commissioners, after an investigation and hearing at which the licensee is afforded an opportunity to be heard, and after delivery of the required notice of hearing, to suspend or revoke a retail food establishment's license. The maximum length of suspension is 1 month. Colorado Revised Statutes, Section 25-4-1611 If no imminent public health hazard is present, when three civil penalties have been assessed against a licensee or other person operating a retail food establishment in any 1 2 -month period, the Department may initiate proceedings to suspend or revoke the license of the licensee pursuant to section 25-4-1609. 2 6/7/2018 The Effects of Foodborne Illness 48,000,000 or 1 in 6 Americans get sick each year 1 28,000 are hospitalized annually 3,000 people die each year from foodborne illness most foodborne illnesses last only a few days, but some cause long-term health problems, such as arthritis, organ damage, miscarriage of a pregnancy, among others Taqueria La Sierra Summary Since March 201 7, the Department has conducted 3 regular inspections and 7 follow-up inspections, and the series of inspections, notices of violation, warnings, and civil penalties have been administrated according to 25-4-1611 CRS. Civil Penalties Issued _July 24, 201 7- Sb (no hot water) and Sc (sinks improperly drained) August 30, 201 7- 6b (hand sink inaccessible) May 1 8, 201 8- 1c (raw animal food stored over ready -to - eat foods) and 3a (improper cooling of potentially hazardous foods) r 3 6/7/2018 Taqueria La Sierra Summary Letters Issued 7- 1" Notifications of Non -Compliance 4- 2nd Notifications of Non -Compliance 2- Compliance Warning Letters 3- Notice of Civil Penalty and Compliance Warning Additional Visits/Meetings Compliance Review - September 14, 201 7 Targeted Education - March 27, 2018 Inspections at a Glance Recent Regular Inspections May 16,2018 April 19, 2018 April 2, 2018 March 27, 2018 March 20, 2018 October 5, 2017 August 15, 2017 July 5, 2017 June 9, 2017 May 3,2017 March 29, 2017 Follow-up Inspection Follow-up Inspection Follow-up Inspection Targeted Training/Check-in Good Follow-up Inspection Follow-up Inspection Follow-up Inspection Follow-up Inspection Fair 4 6/7/2018 Inspection History of Taqueria La Sierra Since March 201 7, three regular inspections and seven follow-up inspections have been performed during which 61 violations have been cited. Of the 61 violations cited, 55 were critical violations (90%). Of those critical violations, 28 were foodborne illness risk factor violations (51%). An average of 6.1 violations per inspection (regular and follow-up) have been cited at this facility. The average number of violations cited for all licensed retail food facilities is 2.2 for regular and follow-up inspections combined. 5 6/7/2018 Improper Cold Holding of Potentially Hazardous Foods Improper Cooling of Potentially Hazardous Foods June 9, 201 7 August 15, 2017 • March 20, 2018 April 2, 2018 April 19, 2018 April 19, 2018 - 1 1 1° F Cooling in the dry storage room. 6 6/7/2018 7 6/7/2018 Summary of Other Critical Violations Unwholesome food Improper storage of employee personal drink Inability to demonstrate food safety knowledge Summary of Other Critical Violations (continued) Inadequate manual sanitizing No hot water at hand sink Inadequate back flow protection <)oap..p _Anc /flim otI I t3 Svicee a Ilan( S1 Mks'; fl 'h nd sin ,s ,\\sit)1 Evidence of pests Toxic items improperly stored Toxic items improperly used 8 6/7/2018 Summary of Compliance Review September 14, 2017 A compliance review was held with Clemente Flores (owner) and Maria Chavez (employee) to discuss the continuing violations at the facility. The following corrective actions and ideas were discussed: food safety training for all employees implementation of self -inspection forms or self -inspection smart phone app use of a third -party consultant for assessment of food safety practices use of photos to direct staff on proper storage of drinks having staff perform daily checks to ensure paper towels and soap are stocked at hand sinks and to ensure hand sinks remain accessible for use Summary Due to continued non-compliance with the regulations, and the potential impact on the public's health, the Department recommends the following: Contract with an approved food safety consultant to provide on onsite training for all staff and to conduct at least 1 inspection while food service operations are occurring. Have current management attend accredited class to become a certified food protection manager within two weeks of the hearing. Limitation of food service operations at the restaurant: no cooling of potentially hazardous foods until such time that the facility can demonstrate substantial compliance. Suspend the retail food license until such time that a consultant has been obtained and training held. Allowance for use of the two hundred fifty dollar ($250.00) civil penalty to defray costs of achieving compliance. Performance of two inspections by the Department following any license suspension with the objective being no repeat critical violations and substantial compliance with the Regulations, otherwise. That the health department have the option to again bring this matter before the Board should the facility be unable to gain substantial compliance with e Regulations. 9 Hello