HomeMy WebLinkAbout20150581.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING SUSPENSION OF COLORADO RETAIL
FOOD ESTABLISHMENT LICENSE -AMBROSIA ASIAN BISTRO
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, Ambrosia Asian Bistro, located at 3636 West 10th Street, Greeley,
Colorado 80631, is allegedly in violation of the Colorado Retail Food Establishment Rules and
Regulations, and
WHEREAS, on February 25, 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 Ambrosia Asian Bistro, and
WHEREAS, after hearing testimony from all present, the Board of County
Commissioners moved to issue a suspension of the license for up to three (3) days, effective
immediately, and ordering 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 Ambrosia Asian Bistro,
located at 3636 West 10th Street, Greeley, Colorado 80631, be, and hereby is, suspended up to
three (3) days, during which time the establishment is to utilize the services of a third-party
consultant to 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.
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�"' HL0044
RE: COLORADO RETAIL FOOD ESTABLISHMENT LICENSE -AMBROSIA ASIAN BISTRO
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of February, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,N COLORADO
Cd ATTEST: • - ga Lick.- C,h
.�fLp arbara Kirkme er Chair
Weld County Clerk to the Board
Mike Freeman, Pro-Tern
B
De• t Clerk to the Board EXCUSED
ean P. Conwa
0
APPROVED AS TO FORM J an lc�`_
%.;,;:: lie A. Cozad
County Attorney °� '- / /"47z-Q�..+,rr
Date of signature:
�I� � Steve Moreno
2015-0581
HL0044
Memorandum
1l
TO: Board of County Commissioners
- � From: Dan Joseph
DATE: February 20, 2015
SUBJECT: Ambrosia Asian Bistro
Ambrosia Asian Bistro. located at 3636 W. 10'h Street in Greeley. Colorado, and owned by Jin &
Yue Corporation, 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 I lealth 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 2-3 day suspension of the retail food
establishment license held by Ambrosia Asian Bistro. 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 Additionally, the Department
recommends that trained management be onsite at all times. 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.
2015-0581
rot 0044E
Background Summary of Enforcement
Ambrosia Asian Bistro
3636 West 10th Street
Greeley, Colorado
(970) 392-2925
September 18. 2013 A regular inspection was conducted in which violations 6c (no soap found at
hand sink) was cited.
October 29, 2013 A follow-up inspection was conducted in which violation 6c (so soap found at
hand sink) was cited.
November 5. 2013 A First Notification of Non-Compliance was issued for 6c (no soap found at hand
sink) and was sent by regular mail.
November 25, 2013 A follow-up inspection was conducted in which violations 6c was not cited.
December 19, 2013 A Compliance Warning was issued for violation 6c (no soap found at hand sink)
and delivered by regular mail.
January 29, 2014 A regular inspection was conducted in which violation 6c (no soap and/or paper
towels at hand sink) and violation 8b (improper labeling of toxic material) were
cited.
February I I, 2014 A Second Notification of Non-Compliance was issued for violation 6c (no soap
and/or paper towels at hand sink) and delivered by regular mail.
February 27, 2014 A follow-up inspection was conducted in which violation 8b (improperly labeled
toxic material) was cited. Violation 6c(no soap and/or paper towels at hand sink)
was found to be in compliance.
March 12. 2014 A Notice of Civil Penalty for two hundred and fifty dollars ($250.00) and
Compliance Warning was issued for violation 6c (no soap and/or paper towels at
hand sink) and delivered by regular mail.
March 12. 2014 A First Notification of Non-Compliance was issued for violation 8b (improperly
labeled toxic material)and was delivered by regular mail.
March 26, 2014 A follow-up inspection was conducted in which violation 8b was not cited.
April 1, 2014 A Compliance Warning was issued for 8b (improperly labeled toxic material)
and delivered by regular mail.
September 16, 2014 A regular inspection was conducted in which lc (raw animal products stored over
ready-to-eat foods) and 8b(improperly labeled toxic materials) were cited.
October 2. 2014 A Second Notification of non-compliance was issued for violation 8b
(improperly labeled toxic materials)and delivered by regular mail.
October 22, 2014 A follow-up inspection was conducted in which violation Ic (raw animal
products stored over ready-to-eat foods), was cited. Violation 8b was found to he
in compliance.
October 30, 2014 A First Notification of Non-Compliance was issued for violation lc (raw animal
products stored over ready-to-eat foods)and delivered by regular mail.
October 30, 2014 A Notice of Civil Penalty for two hundred and fifty dollars($250.00)and
Compliance Warning for violation 8b (improperly labeled toxic materials)and
Notice of Compliance Review were issued and delivered by regular mail.
November 13, 2014 A compliance review meeting was held with the Weld County
Department of Public I Iealth and Environment.
November 19, 2014 A Formalization of Compliance Review Meeting summary was issued and
mailed via standard mail.
December 17, 2014 A follow-up inspection was conducted in which violation Ic (raw animal
products stored over ready-to-eat foods) was cited.
January 7, 2015 A Second Notification of Non-Compliance was issued for violation lc (raw
animal products stored over ready-to-eat foods).
January 23, 2015 A follow-up inspection was conducted in which violation lc was found to be in
compliance. However, because violation lc had been cited on three(3) of the
previous four(4) inspections a civil penalty for two hundred and fifty dollars
($250.00) was assessed. This was the third civil penalty assessed in the previous
twelve month period.
February 12.2015 A Notice of Civil Penalty for two hundred and fifty dollars ($250) for violation
lc (raw animals products stored over ready-to-eat foods) and Notice of Heating
was issued and hand delivered. The letter requested the facility's presence
at a hearing with the Board of County Commissioners.
I
Ambrosia Asian Bistro
History of Violations January 2013 to January 2015
SUMMARY
Since January 1 , 2013, the Department has performed 13 inspections where 53 violations (critical and
noncritical) were cited for an average of 4.08 violations per inspection. The average number of violations
cited for all licensed retail food facilities is 2.88 for regular and follow-up inspections combined.
Of the 53 violations cited, 42 were critical violations (79%). Of those critical violations, 23 were
foodborne illness risk factor violations (55%).
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 Dented Cans
Cited on September 18, 2013
Cited on October 29, 2013
Cited on September 16, 2014
lc Cross Contamination
Cited on April 23, 2013
Cited on September 16, 2014 (x2)
Cited on October 22, 2014
Cited on December 17, 2014
if Missing Consumer Advisory
Cited on September 16, 2014
Cited on October 22, 2014
2c Hands Not Washed as Needed
Cited on April 23, 2013
Cited on September 18, 2013
2d Improper Hygienic Practices
Cited on April 23, 2013 (employee washing hand sink prep sink)
Cited on April 23, 2013 (use of apron to dry hands)
Cited on April 23, 2013 (scooping ice with cup)
2e Smoking, Eating, Drinking in Food Preparation Area
Cited on April 23, 2013
Cited on September 18, 2013
Cited on February 27, 2014
2f Demonstration of Knowledge
Cited on April 23, 2013
Cited on September 16, 2014
2g Band Hand Contact of Ready to Eat Foods
Cited on April 23, 2013
3e Improper Cold Holding of Potentially Hazardous Foods
Cited on April 23, 2013
Cited on September 18, 2013
Cited on September 18, 2013 (not meeting requirements of Time as a Public Health Control)
Cited on October 29, 2014 (not meeting requirements of Time as a Public Health Control)
Cited on January 29, 2014
Cited on September 16, 2014
Cited on December 17, 2014
3f Food Thermometer (thin mass) Not Available
Cited on April 23, 2013
Cited on May 22, 2013
6b Hand Sink Inaccessible
Cited on December 17. 20 1 4
6c No Soap and/or Paper Towels at Hand Sink
Cited on April 23, 2013
Cited on September 18, 2013
Cited on October 29, 2013
Cited on January 29, 2014
7a Evidence of Insects or Rodents
Cited on April 23, 2013
7b Pesticide Application (adhesive strip found above food or food prep area)
Cited on September 18, 2013
Cited on September 16, 2014
8b Unlabeled/Incorrectly Labeled Chemical Spray Bottles
Cited on April 23, 2013
Cited on January 29, 2014
Cited on February 27, 2014
Cited on September 16, 2014
NON-CRITICAL ITEMS
9b Unapproved Thawing Method
Cited on April 23, 2013
Cited on May 22, 2013
12d Improper Storage of Wiping Cloths
Cited on September 18, 2013
Cited on September 16, 2014
Cited on October 22, 2014
13a Utensils Stored Improperly
Cited on April 23, 2013
Cited on September 18, 2013
Cited on January 29, 2014
14c Floors Walls Or Ceilings Not Kept Clean
Cited on April 23, 2013
Cited on September 18, 2013
15a Unauthorized Person in Kitchen Area
Cited on January 23, 2015
LETTERS ISSUED
June 12, 2013 First Notification of Non-Compliance for violations 3f (no thin mass thermometer) and
9b (improper thawing)
August 2, 2013 Compliance Warning for violations 3f (no thin probe thermometer) and 9b (improper
thawing)
November 5, 2013 First Notification of Non-Compliance for violations 1 b (dented cans), 3e (not meeting
requirements to use time as a public health control) and 6c (so soap found at hand sink)
December 19, 2013 Compliance Warning for violations lb (dented cans), 3e (not meeting requirements to use
time as a public health control) and 6c (no soap found at hand sink)
February 11 , 2014 Second Notification of Non-Compliance for violation 6c (no soap and/or paper towels at
hand sink)
March 12, 2014 Notice of Civil Penalty and Compliance Warning for violation 6c (no soap and/or paper
towels at hand sink.
March 12, 2014 First Notification of Non-Compliance for violation 8b (unlabeled spray bottle)
April 1 , 2014 Compliance Warning for 8b (unlabeled spray bottle)
October 2, 2014 Second Notification of non-compliance for violation 8b (improperly labeled spray bottle)
October 30, 2014 First Notification of Non-Compliance for violations lc (raw over ready-to-eat), 1 f
(missing consumer advisory), and 12d (wiping cloths improperly stored)
October 30, 2014 Notice of Civil Penalty and Compliance Warning for 8b (unlabeled or improperly labeled
spray bottle) and Notice of Compliance Review.
November 19, 2014 Formalization of Compliance Review Meeting
January 7, 2015 Second Notification of Non-Compliance for 1 c (raw over ready-to-eat) and Compliance
Warning for 1 f (missing consumer advisory) and 12d (wiping cloths improperly stored)
February 12, 2015 Notification of Hearing
INSPECTIONS CONDUCTED
April 23, 2013 Regular inspection conducted by Angie Crawford and Dan Joseph
May 22, 2013 Follow-up inspection conducted by Angie Crawford
July 29, 2013 Follow-up inspection conducted by Angie Crawford
September 18, 2013 Regular inspection conducted by Angie Crawford
October 29, 2013 Follow-up inspection conducted by Angie Crawford
November 25, 2013 Follow-up inspection conducted by Angie Crawford
January 29, 2014 Regular inspection conducted by Angie Crawford
February 27, 2014 Follow-up inspection conducted by Angie Crawford
March 26, 2014 Follow-up inspection conducted by Angie Crawford
September 16, 2014 Regular inspection conducted by Angie Crawford
October 22, 2014 Follow-up inspection conducted by Angie Crawford and Debra Adamson
December 17, 2014 Follow-up inspection conducted by Angie Crawford and Rachel Scanlan
January 23, 2015 Follow-up inspection conducted by Angie Crawford and Debra Adamson
2/23/2015
Ambrosia Asian Bistro
Date : February 25 , 201 5
Hearing with Board of
County Commissioners
Statutory and 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
Ru/es 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
2/23/2015
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 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 .
• Y
Colorado Revised Statutes ,
Section 25 - 4 - 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 - 1 609 .
2
2/23/2015
The Effects of Food borne Illness
► Most food borne illnesses last only a few days
► Some cause long -term health problems such
as arthritis , organ damage or miscarriage of a
pregnancy, among others
3 , 000 people each year die from food borne
illness
Progression of Compliance and Enforcement Actions
Ambrosia Asian Bistro
Since April 23 , 201 3 , the Department has conducted 4 regular
inspections and 9 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)
September 1 8, 201 3: Regular inspection
• October 29, 201 3: First follow-up inspection
• November 5, 2013: First Notice of Violation (6c)
November 25, 201 3: Second follow -up inspection
• December 1 9, 2013: Compliance Warning (6c)
• January 29, 2014: Regular inspection
• February I I , 201 4: Second Notice of Violation (6c)
• February 27, 2014: First follow-up inspection
• March 12, 2014: Notice of Civil Penalty, 3250 and Compliance Warning (6c)
• March 12, 2014: First Notice of Violation (8b)
• March 26, 2014: Second follow-up inspection
• April 1 , 2014: Compliance Warning (8b)
3
2/23/2015
Progression of Compliance and Enforcement Actions
Ambrosia Asian Bistro -Continued
• September 1 6, 2014: Regular inspection
• October 2, 2014: Second Notice of Violation (8b)
• October 22, 201 4: Follow-up inspection
• October 30, 2014: First Notice of Civil Penalty, $250 and Compliance Warning (8b)
and Notice of Compliance Review- Second assessed in 12 month period
• October 30, 2014: First Notice of Violation (l c)
December 1 7, 201 4: First follow-up inspection
• January 7, 2015: Second Notice of Violation (1c)
• January 23, 201 5: Second follow-up inspection
• February 12, 2015: Civil Penalty (1c)- Third assessed in 12 month period
The Inspection History of
Ambrosia Asian Bistro
► Since April 23 , 2013 , four regular inspections and
nine follow- up inspections have been performed .
► Of the 53 violations cited since April 23 , 201 3 , 42
were critical violations ( 79%) . Of those critical
violations , 23 were food borne illness risk factor
violations ( 55%) .
4
2/23/2015
Violations Resulting
Civil Penalty
No Soap and / or Paper Towels at Hand Sink
April 23 , 2013
September 1 8 , 201 3
October 29 , 2013
January 29 , 2014
Unlabeled / Incorrectly Labeled Toxic
Material
April 23 , 2013
January 29 , 2014
February 27 , 2014
September 16 , 2014
Violations Resu s Mega".
Civil Pena ' ' ,
Cross contamination-Raw animal produc oa
stored above ready-to-eat foods
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2/23/2015
Summary of Other Critical
Violations
Significantly dented cans found stored with other canned
goods
No consumer advisory on sushi menu
Hands not washed as needed- when re
and when going from handling dirty to
Improper Hygienic Practices including was ' r : s r
food preparation sink, drying hands on apron , and
scooping ice with a cup
Improper storage of employee personal drink
Inability to demonstrate food safety knowledge
Centers for Disease Control foodborne illness risk factor
violation
Summary of {1iotam
S . _ Nei
Touching ready- to - -
No thin mass food is - • -
Hand sink four,
Evidence of pests -dead beetles found in dry
storage
•
Pesticide application -adhesive fly strips found •
hanging over food preparation area
Centers for Disease Control foodborn illne
ss ess risk factor
violation
6
2/23/2015
Summary of Ot err ' _ IA :1 .
Violations .easesoli ' . - -, ,, •
2013 and 2014
a � - \ Improper Cold holding of potential
hazardous foods
�1 , • April 23, 2013
, i I September 18, 2013
1•\‘ January 29, 2014
September 16, 2014
December 17, 2014
Il
Ilk_i Not following time as a public health
e� control requirements
gatm 1 , 3
4
ts
OctoberSepteber 29, 2018 3201
ilar.
Summary of Compliance Review
November 1 3 , 2014
After the assessment of the second civil penalty, a compliance
review was held with Lynn Lin (manager) and Chang Gui Xu (cook
staff) in order 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 labeling in refrigeration units to further ensure raw animal
foods are stored correctly
Providing different style/color wiping cloths (one to be used as a
wiping cloth and other to be used as hot pad) to ensure wiping cloths
are not left out on the counter
Active managerial control of the establishment
Assuring that information is communicated thoroughly in all three
languages used in the facility (Mandarin, Spanish, English).
7
r
2/23/2015
Foodborne illness Complal
The Department has received two foodborne illness complaints in th
last 3 months where the affected individual named Ambrosia Asian
Bistro as the suspected source of their illness. Source of illness was
not confirmed, however, several critical violations were cited when
doing a site visit investigating one of these complaints. It's important
to note that the Compliance Review was held on November 13, 2014,
and these violations were still noted to be occurring:
Violations cited during complaint inspection- December 12 , 2.014
Cross contamination- Raw animal product (eggs) stored above
ready-to-eat foods (cucumber)
Hygienic practices- cook with open wound (burn) on finger not
properly covered
Improper Cold hold-Found peanut sauce prepared by facility on
counter at 75 degrees F and found raw chicken at 62 degrees F.
Foodborne
Improper cooling methods- chicken and -
dumplings in cooling process found covered in -
walk- in cooler •
-
Utensils not protected from contamination- I 'd
stored under hole in ceiling •
Premises not maintained - extreme stench I . a es 1
coming from a sump pump that is not in '
working order 44
•
Unauthorized person in kitchen - toddler-aged ' I'
child in kitchen area
•
8
2/23/2015
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 license suspension (2-3 days) while a consultant is utilized
and entire staff receives formal food safety education
• There is not full-time management; trained management should be
onsite at all times
• Two inspections within the two weeks following suspension with the
objective being no repeat violations of cross contamination, improper
labeling of toxic substances or lack of soap/paper towels at hand sinks
and substantial compliance with Regulations otherwise
• Payment of the $250 civil penalty, or
• The $250 civil penalty could be held in abeyance until it's known
whether or not the facility remains in compliance after a consultant is
utilized and the Department performs additional inspections
9
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