HomeMy WebLinkAbout20152108.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING SUSPENSION OF COLORADO RETAIL
FOOD ESTABLISHMENT LICENSE - KING WAH ASIAN FOOD
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, King Wah Asian Food, located at 6050 Firestone Boulevard, Unit 201,
Firestone, Colorado, is allegedly in violation of the Colorado Retail Food Establishment Rules
and Regulations, and
WHEREAS, on July 15, 2015, 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 King Wah Asian Food, and
WHEREAS, after hearing testimony from all present, the Board of County
Commissioners moved to issue a suspension of the license to allow the establishment to utilize
the services of a third-party consultant to provide an evaluation of food safety practices at the
facility and to provide training to the entire facility staff, and that the license remain under
suspension until such time that these requirements have been satisfactorily completed, and that
the assessed $1,000.00 civil penalty be used to pay said consultant, and
WHEREAS, the Board further instructed staff to conduct follow-up inspections, 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 King Wah Asian Food,
located at 6050 Firestone Boulevard, Unit 201, Firestone, Colorado, be, and hereby is,
suspended until such time as the establishment obtains the services of a third-party consultant
to provide an evaluation of food safety practices at the facility and completes training to the
entire facility staff with the instruction that the assessed $1,000.00 civil penalty be used to pay
said 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' (bJ/54--G) 8!I3 2015-2108
H L0044
RE: COLORADO RETAIL FOOD ESTABLISHMENT LICENSE - KING WAH ASIAN FOOD
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of July, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLO ADO
ATTEST: diediet) arbara Kirkmeyer, Cfrair
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
BY: � L � '
1 .�
De ut Clerk to the Boar. I'. fit EXCUSED
L Z;an P. Con ay
APPROVED AS TO FORM: tuttalksv
• u ozad
� lam �'
County Attorney
11.U_
Steve Moreno
Date of signature:
2015-2108
HL0044
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tlit7etStgr Memorandum
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TO : Board of County Commissioners
COL) - -- Tht From : 1) an Joseph
DATE : July 13, 2015
SUBJECT : King Wah Asian Food
King Wah Asian Food, located at 6050 Firestone Boulevard in Firestone, Colorado, and owned
by King Wah Asian Food Inc. , has failed to maintain compliance with the Colorado Retail Food
Establishment Rules and Regulations (see attached timeline and background summary) . Though
the Weld County Department of Public Health and Environment (Department) has given the
facility all opportunities to come into compliance that are afforded to them in the Colorado
Revised Statutes, 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 illnesses of patrons dining at the
establishment.
For these reasons, the Department recommends a short-term suspension of the retail food
establishment license held by King Wah Asian Food . The Department also recommends that the
establishment utilize the services of a third party consultant to provide an evaluation of food
safety practices at the facility, and to provide training for all staff, and that the license remain
under suspension until such time that these requirements have been satisfactorily completed.
Additionally, the Department recommends use of the assessed one thousand dollar civil penalty
towards the payment of the consultant. Finally, we propose that our inspectors conduct two
inspections within the two weeks following any license suspension with the objective being no
repeat critical violations and substantial compliance with the Regulations otherwise. Should
additional repeat critical violations be observed or should the facility not remain in substantial
compliance with the Regulations, the Department would request the ability to bring the matter
before the Board once again .
2015-2108
Background Summary of Enforcement
King Wah Asian Food
6050 Firestone Boulevard, Unit 201
Firestone, Colorado 80504
June 25 , 2014 A regular inspection was conducted in which violation 3e ( improper cold holding
of potentially hazardous foods) was cited .
August 8, 2014 A follow-up inspection was conducted in which violation 3e ( improper cold
holding of potentially hazardous foods) was cited .
August 18, 2014 A First Notification of Non-Compliance was issued for violation 3e ( improper
cold holding of potentially hazardous foods) and sent via regular mail .
September 5 , 2014 A follow-up inspection was conducted in which violation 3e ( improper cold
holding of potentially hazardous foods) was cited .
September 10, 2014 A Second Notification of Non-Compliance was issued for violation 3e ( improper
cold holding of potentially hazardous foods) and sent via regular mail .
October 22, 2014 A follow-up inspection was conducted in which violation 3e ( improper cold
holding of potentially hazardous foods) was not cited .
October 30, 2014 A Notice of Civil Penalty and Compliance Warning was issued for violation 3e
( improper cold holding of potentially hazardous foods) and sent via regular mail .
The letter stated that should violation of item 3e again be found to exist during
the next regular inspection, a Second Notification of Civil Penalty would be
issued .
April 10, 2015 A regular inspection was conducted in which violation 3e ( improper cold holding
of potentially hazardous foods) was cited .
April 15 , 2015 A Notice of Civil Penalty and Compliance Review was issued for violation 3e
( improper cold holding of potentially hazardous foods) and sent via regular mail .
May 5 , 2015 A Compliance Review was scheduled to occur on this day; however,
owner did not arrive until 4 : 30 (review was scheduled at 3 : 00 pm . ) and
so meeting was rescheduled to May 13 , 2015 , in order to ensure adequate
time to discuss issues of non-compliance .
May 13 , 2015 A Compliance Review was held with the Weld County Department of
Public Health and Environment. Interpreting services were provided by
Language Line .
May 20, 2015 A Formalization of Compliance Review summary was issued and mailed
via standard mail .
June 4, 2015 A follow-up inspection was conducted in which violation 3e ( improper
cold holding of potentially hazardous foods ) was cited . It was also noted
during the inspection that the civil penalty assessed in the April 15 , 2015 ,
letter had not been paid (civil penalty was to be paid by May 22 , 2015 , as
agreed upon during the Compliance Review) .
June 11 , 2015 The Department received two hundred and fifty dollars ( $250 . 00 ) for
half of the assessed civil penalty from April 15 , 2015 . The other half of
the civil penalty was to be completed through submission of receipts . No
receipts had been received as of July 6, 2015 .
June 26, 2015 A Third Notice of Civil Penalty and Notice of Hearing for violation 3e
( improper cold holding of potentially hazardous food) was sent via
certified mail (copy of letter was also hand delivered on June 30, 2015 ) .
The notice was translated into Cantonese by Cesco Linguistic Services .
King Wah Asian Food
History of Violations June 2014 to June 2015
SUMMARY
Since June 2014, the Department has performed 6 inspections where 33 violations (critical and
noncritical) were cited for an average of 5.5 violations per inspection ( regular and follow-up). The
average number of violations cited for all licensed retail food facilities is 2. 2 for regular and follow-up
inspections combined.
Of the 33 violations cited, 21 were critical violations (64 %). Of those critical violations, 10 were
foodborne illness risk factor violations (48 % ).
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 Unwholesome, Not Free of Spoilage
Cited on August 8 , 2014 (moldy food)
lc Cross Contamination ( Raw Animal Products Stored over Ready-to- Eat Foods )
Cited on June 25 , 2014
2d Proper Hygienic Practices Not Followed
Cited on June 25 , 2014 (common towel )
Cited on June 4, 2015 ( use of 3 compartment sink to rinse hands)
2e Smoking, Eating or Drinking in Food Preparation Area
Cited on August 8 , 2014
Cited on April 10, 2015
Cited on June 4, 2015
2f Unable to Demonstrate Food Safety Knowledge
Cited on June 25 , 2014
Cited on April 10, 2015
Cited on June 4, 2015
3e Improper Cold Holding of Potentially Hazardous Foods
Cited on June 25 , 2014
Cited on August 8 , 2014
Cited on September 5 , 2014
Cited on April 10, 2015
Cited on June 4, 2015
4a Improper Manual Sanitization (incorrect frequency)
Cited on June 25 , 2015
4b Improper Sanitizing Levels in Chemical Dish Machine
•
Cited on June 25 , 2015
6b Hand Sink Inaccessible
Cited on June 25 , 2014
Cited on April 10, 2015
8b Chemical Spray Bottles Not Labeled
Cited on April 10, 2015
8c Improper Chemical Sanitizing Concentration
Cited on April 10, 2015
NON-CRITICAL ITEMS
9b Improper Thawing Method
Cited on June 25 , 2014
Cited on September 5 , 2014
12b Unclean Nonfood-contact Surface (ventilation hoods)
Cited on June 25 , 2014
Cited on September 5 , 2014
Cited on April 10, 2015
Cited on June 4, 2015
12d Improper Wiping Cloth Storage
Cited on June 25 , 2014
13a Improper Utensil Storage
Cited on April 10, 2015
Cited on June 4, 2015
14a Improper Storage of Paper Towels (not located in dispenser)
Cited on April 10, 2015
14c Unclean Floors and Walls
Cited on April 10, 2015
14i Unclean Restroom Facility
Cited on April 10, 2015
LETTERS ISSUED
August 18 , 2014 First Notification of Non -Compliance for violation 3e ( improper cold holding of
potentially hazardous foods ) .
September 10 , 2014 Second Notification on Non- Compliance for violation 3e (improper cold holding of
potentially hazardous foods ) .
October 30 , 2014 Notice of Civil Penalty and Compliance Warning for violation 3e (improper cold holding
of potentially hazardous foods) . Letter was hand delivered to the facility on November
24, 2014 . The warning letter noted that the violation must remain in compliance through
the next regular inspection .
April 15 , 2015 Second Notice of Civil Penalty and Compliance Review for violation 3e ( improper cold
holding of potentially hazardous foods) .
June 26, 2015 Third Notice of Civil Penalty and Notice of Hearing for violation 3e ( improper cold
holding of potentially hazardous foods) .
INSPECTIONS CONDUCTED
June 15 , 2014 Regular Inspection
August 8 , 2014 Follow- up Inspection
September 5 , 2014 Follow- up Inspection
October 22 , 2014 Follow- up Inspection
April 10, 2015 Regular Inspection
June 4 , 2015 Follow-up Inspection
7/ 10/2015
King Wah
Date : July 1 5 , 201 5
Hearing with Board of
County Commissioners
Statutoryand Regulatory
Foundation
The Colorado Revised Statutes ( 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
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 wastes
Other
1
7/ 10/ 2015
Colorado Revised Statutes ,
Section 25 - 4 - 1 609
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 6
months .
If no imminent public health hazard is present , then before a
hearing can be held , the series of civil penalties must have been
assessed as described in Section 25 - 4 - 161 1 .
Sa<
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Colorado Revised Statutes ,
Section 2 5 - 4 - 1 1611
A maximum of three civil penalties may be assessed
against a licensee or other person operating a retail
food establishment in any twelve - month period . If a
third civil penalty is assessed , then the Department may
initiate proceedings to suspend or revoke the license of
the licensee pursuant to section 25 - 4 - 1609 .
2
7/ 10/ 2015
The Effects of Food borne Illness
48 , 000 , 000 or 1 in 6 Americans get sick each year
128 , 000 are hospitalized annually
Most foodborne illnesses last only a few days but
some cause long - term health problems such as
arthritis , organ damage or miscarriage of a
pregnancy , among others
s 3 , 000 people die each year from foodborne illness
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WYNW
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Progression of Compliance and Enforcement Actions
King Wah Asian Food
► Since June 2014 , the Department has conducted 2 regular inspections
and 4 follow- up inspections and the series of inspections , notices of
violation , warnings and civil penalties have been administrated
according to C . R . S . 25 - 4 - 161 1 ( 201 3 )
June 24 , 2014 : Regular inspection
August 8 , 201 4 : Follow- up inspection
• August 1 8 , 2014 : First Notice of Non - Compliance for violation
( 3e )
September 5 , 2014 : Follow- up inspection
• September 1 0 , 2014 - Second Notice of Non - Compliance ( 3e)
October 22 , 2014 : Follow- up inspection
• October 30 , 2014 : Notice of Civil Penalty and Compliance Warning
3
7/ 10/2015
Progression of Compliance and Enforcement Actions
King Wah Asian Food - Continued
April 10 , 201 5 : Regular inspection
• April 1 5 , 201 5 : Notice of Civil Penalty and Compliance
Review ( 3e )
a May 1 3 , 201 5 : Compliance Review
• May 20 , 201 5 : Compliance Review Summary
June 4 , 201 5 : Follow- up inspection
• June 29 , 2015 : Notice of Hearing and Notice of Third Civil
Penalty ( 3e ) - Third assessed in 12 month period
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Recent Regular InspectionsSID
June 4, 1015 1060W-up Inspection
April 10. 2015
October 22, 2014 Follow-up Inspection
September 5, 2014 Follow-up Inspection
August 8, 2014 Follow-up Inspection
June 25. 2014
April 18, 2014
November 7. 2013
July 16. 2013 Follow-up Inspection
June 19, 2013 Follow-up Pnspection
May 10. 2013 Follow-up inspection
March 11. 2013
November 8. 2012 Follow-up Inspection
October 23. 2012 C: fair
4
7/ 10/2015
Th e Inspection � f
King Wah Asian Food
Since June 2014 , two regular inspections and four follow - up
inspections have been performed .
Of the 33 violations cited , 21 were critical violations ( 64%) . Of
those critical violations , 10 were food borne illness risk factor
violations ( 48%) .
An average of 5 . 5 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.
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Potentially HaLaraous frOn .r
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Summaryof O -
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Unwholesome food
Cross contamination ( raw ,cLn c
ready- to - eat foods )
Improper hygienic prachica
Improper storage of employee pe - .1osi 0.
Inability to demonstr .
Inadequate sanitizing
if Hand sink found inaccessibletc
Unlabeled chemical spray bottles
* Centers for Disease Control foodborne illness risk factor
violation
7
7/ 10/2015
Summary of Compliance Re
May 13 2015
A compliance review was held with Ping Zhang ( owner) in
order to discuss the continuing violations at the facility .
Interpretation services were provided by phone through
Language Line Solutions . 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
Active managerial control of the establishment
Ensuring that potentially hazardous foods are not stored above
the level of the pans located in the reach - in refrigerator a e gerator
Use of ice around containers of potentially hazardous foods
that need to be out for extended periods of time
urchasing of new refrigeration equipment
Summary
Due to continued non - compliance with the regulations , and
the potential impact on the public ' s health , the Department
has the following recommendations :
Short term suspension of the retail food license while a consultant is
utilized to assess the facility and its practices and deliver formal food
safety training to the entire staff
Performance of two inspections within the two weeks following any
suspension , with the objective being no repeat critical violations and
substantial compliance with the Regulations otherwise
Allow owner to use the $ 1 , 000 civil penalty to defray costs of achieving
compliance (contracting with a consultant as well as any expenses
incurred for purchasing of new equipment)
8
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