CLEAN CATCH FISH MARKET

3-501.13 (A), (B), (C) Use approved thawing methods for frozen food such as in a cooler at 41F or below, completely submerged under cold running water according to the Code, or as a part of the cooking process. Pf EHS observed facility thawing pineapple in sink with water at 75F. CDI- EHS provided education and PIC moved pineapple to WIC to finish thawing. -0.5-

3-602.11 (B) (1)-(4)Food packaged on premises for customer self service shall include a label with the (1) common name of the food; (2) ingredients and sub ingredients in descending order; (3) quantity of contents; (4) name and place of business. EHS observed products for customer self-service in display case without net weight of contents on the label. EHS observed that sub ingredients were not listed. Other labeling requirements were met. -0-

3-304.14(B) Hold in-use wiping cloths in properly concentrated sanitizer between uses. EHS observed facility holding wiping cloth in sanitizer solution at 100ppm. CDI- PIC refreshed sanitizer to proper concentration. -0-

3-501.18 Discard the food requiring date labels once time/temperature window has expired, if it has not been labeled, or if the label is incorrect. -P The PIC should train and assign staff to monitor date marking to prevent the use of food products that are no longer in compliance with 3-501.17 (A), (B), or (C). EHS observed octopus salad and cooked lobster with no date mark present on digital list. CDI- EHS allowed PIC to date mark items as they were present during prep. **Points not escalated due to improvement** EHS advises that if date marking is found out of compliance on next insepction EHS will not allow facility to date mark and food will need to be discarded. -1.5- For more information, please visit: https://health.mecknc.gov/envhealth/food-and-facilities-sanitation or view our training videos at the following weblinks: What are TCS Foods https://youtu.be/bRvqAETDjQU and Date Marking Food Safely https://youtu.be/BOPsSNUajYs .

3-302.12 Label all working containers of food (oils, spices, salts, flour, sugar) except food that is easy to identify such as dry pasta. EHS observed two containers of flour and one container of spiced without a label present. Label all secondary containers. -0-

4-903.11(C ) Single Service and Single Use items shall be kept in the original protective package or stored using other means that protect the item until used. EHS observed single use container outside of their original packaging with visible debris present, likely from being stored with dry goods. EHS advised that single service items shall be protected from contaminates while in storage. -0-

4-501.114 Maintain sanitizer at correct concentrations when being used to sanitize. -P Observed that low temp dish machine was not producing chlorine at required concentration (0ppm). PIC identified that the dish machine was not connected to sanitizer. PIC obtained a container of dish machine sanitizer (chlorine) and was able to produce a concentration of 200ppm. CDI- EHS instructed PIC to rewashed all dishes that had been run through the machine. -0- For more information please visit: https://health.mecknc.gov/envhealth/food-and-facilities-sanitation or view our training videos at the following weblinks: Sanitizing Solutions - https://youtu.be/ykP2mr9CtRg and How to Test Sanitizer https://youtu.be/y0SjmnabFaY

3-501.18 Discard the food requiring date labels once time/temperature window has expired, if it has not been labeled, or if the label is incorrect. -P The PIC should train and assign staff to monitor date marking to prevent the use of food products that are no longer in compliance with 3-501.17 (A), (B), or (C). EHS observed that facility it utilizing an online document to track date marks for products onsite. EHS observed that facility did not have a date marks listed for buffalo chicken dip or shrimp and crawfish étouffée. Observed boiled eggs with a prep date of 02/18. CDI- EHS allowed facility to add date mark to document since PIC was present during preparation and PIC voluntarily discarded the boiled eggs -1.5- For more information, please visit: https://health.mecknc.gov/envhealth/food-and-facilities-sanitation or view our training videos at the following weblinks: What are TCS Foods https://youtu.be/bRvqAETDjQU and Date Marking Food Safely https://youtu.be/BOPsSNUajYs .

8-103.12 Comply with the procedures in the HACCP plan as submitted and approved as part of a variance or local approval. Maintain approval and records as required.-P/Pf. EHS observed that facility is not complying with procedures in their approved HACCP plan. Observed that facility is not following the requirements outlined in their approved HACCP plan. EHS observed that facility is ROP fresh (never frozen) fish and storing them in a refrigeration unit. Fish were found to be between 43-47F. EHS observed that facility had a very large amount of ROP items onsite with no logs completed. Facility is not completed required monitoring logs or labeling products according to the plan. EHS observed that none of the ROP products onsite have a label. -1- 3-day VR.

8-103.12 (B- C). If the regulatory authority grants a variance or a HACCP plan the permit holder shall: Comply with the HACCP plans and procedures that are submitted and approved as a basis for the modification or waiver; P and (C) Maintain and provide to the regulatory authority upon request, records. EHS observed that facility is ROP peas, red curry chicken empanada mix, cooked lobster, cooked chicken, cooked leaks, and cooked duck/mushroom sauce which are not listed as approved items on their HACCP plan. Facility is ROP fish that was not frozen before, during and after. CDI- PIC voluntarily discarded of ROP fish that was not frozen prior to ROP and all item that were ROP and not listed on the HACCP Plan.

6-404.11 Designate a separate area for items that are not for use and are being held for credit, such as dented cans or recalled products. -Pf Observed 3 cans with dents on the seams stored with nondented cans in dry storage area. CDI- Dented cans were voluntarily discarded. -0-

7-102.11 Label working containers of toxic materials such as cleaners and sanitizers.-Pf Observed a spray bottle of sanitizer with no label. CDI- PIC labeled the spray bottle.

3-305.11 Store food in a clean, dry location, not exposed to contamination. Keep at least 6 inches above the floor. 3-307.11 Protect food from contamination sources not specifically noted by the code. Observed facility storing food in space above WIC. EHS advised PIC that facility is not permitted to store food or equipment in this space.

4-903.11(B)(1) Clean equipment and utensils shall be stored in a self-draining position that allows for air drying. Observed a stack of plastic container stored as clean and stacked wet.

3-302.11(A)(1) Separate raw animal foods from ready-to-eat foods and washed/unwashed fruits and vegetables. -P- Observed raw tuna stored over RTE calamari salad in WIC. -CDI- PIC corrected storage order. For more information on food storage order please visit: https://health.mecknc.gov/envhealth/food-and-facilities-sanitation 3-302.11(A)(8) Separate unwashed produce from ready-to-eat foods. Observed unwashed tomatoes stored over RTE kani (crab). -CDI- PIC corrected storage order. **REPEAT** -3- For more information on food storage order please visit: https://health.mecknc.gov/envhealth/food-and-facilities-sanitation

4-602.11 (C ) Equipment food contact surfaces and utensils shall be cleaned, and sanitized per 4-702.11/4-703.11, throughout the day at least every 4 hours, unless otherwise indicated in the Food Code. -P- Observed cutting boards being used throughout the day to cut raw fish. When EHS asked PIC about frequency of cleaning, PIC stated that cutting boards were cleaned once per day, at the end of the day. EHS asked PIC when was the last time items were cleaned, and PIC stated last night. -CDI- EHS educated PIC on cleaning frequency of equipment food contact surfaces and PIC placed items at dish pit to be W/R/S. For more information, please visit: https://health.mecknc.gov/envhealth/food-and-facilities-sanitation or view our training videos at the following weblinks: Sanitizing Solutions - https://youtu.be/ykP2mr9CtRg , How to Test Sanitizer https://youtu.be/y0SjmnabFaY , and Cleaning and Sanitizing Food Contact Surfaces https://youtu.be/av1Rbh-lh08 . -0-

3-305.14 Unpackaged food shall be protected from contamination during preparation. Observed fresh produce in prep stage at BOH near handsink with splash from handsink contaminating it. -CDI- EHS educated PIC on relocating items or placing a splash guards at handsink. PIC relocated items. -0-

3-304.12 (C ) Store in-use utensils on a clean portion of the food preparation table or cooking equipment. The utensils and storage surface must be cleaned and sanitized every 4 hours. Observed in-use knives for cutting raw meats stored directly in sanitizer water. -CDI- EHS educated food employee on proper storage of in-use utensils and PIC removed items and placed at dish pit to be W/R/S. -0-

6-303.11 Provide required lighting intensity. Observed lighting intensity in WIC less than 10 foot candles. -0-

3-302.11(A)(1) Separate raw animal foods from ready-to-eat foods and washed/unwashed fruits and vegetables. -P- Observed raw fish stored over RTE crab meat in WIC. -CDI- PIC corrected storage order. -1.5- For more information on food storage order please visit: https://health.mecknc.gov/envhealth/food-and-facilities-sanitation 3-302.11(A)(8) Separate unwashed produce from ready-to-eat foods. Observed unwashed peppers and mangoes stored over RTE items in WIC. -CDI- PIC corrected storage order. For more information on food storage order please visit: https://health.mecknc.gov/envhealth/food-and-facilities-sanitation

3-501.18 Discard the food requiring date labels once time/temperature window has expired, if it is not been labeled, or if the label is incorrect. -P- Observed corn and cut red cabbage in WIC and pico de gallo in display case date marked 12/2 (discard 12/8). Per PIC, pico de gallo date had not been updated. -CDI- PIC voluntarily discarded items past date and properly date marked items incorrectly dated. -0- For more information, please visit: https://health.mecknc.gov/envhealth/food-and-facilities-sanitation or view our training videos at the following weblinks: What are TCS Foods https://youtu.be/bRvqAETDjQU and Date Marking Food Safely https://youtu.be/BOPsSNUajYs .

3-501.19(B)(3) Follow written procedures for foods held using Time as a Public Health Control (TPHC) for 4 hours. Food shall be marked to indicate the time that is 4 hours past the point in time when the food is removed from temperature control. -Pf- Observed no time stamp on rice being held on time. -CDI- PIC properly marked items. -0-

3-501.15 Quickly cool foods. Use methods such as open/vented shallow pans, large ice baths and active stirring. Cold air must flow around product to remove the heat. -Pf- Observed crab meat and crab cakes cooling at a low rate. Items were found cooling in WIC in large dense plastic container. -CDI- PIC placed items in blast chiller to facilitate rapid cooling. -0.5- For more information, please visit: https://health.mecknc.gov/envhealth/food-and-facilities-sanitation or view our training videos at the following weblinks: What are TCS Foods https://youtu.be/bRvqAETDjQU and Cooling Food Safely https://youtu.be/P6x8b1ZVOxU .

4-601.11(A) Equipment food contact surfaces and utensils shall be clean to sight and touch. -Pf.- Observed food debris on spoons stored as clean. -CDI- PIC placed items at dish pit to be W/R/S. -0- For more information, please visit: https://health.mecknc.gov/envhealth/food-and-facilities-sanitation or view our training videos at the following weblinks: Sanitizing Solutions - https://youtu.be/ykP2mr9CtRg , How to Test Sanitizer https://youtu.be/y0SjmnabFaY , and Cleaning and Sanitizing Food Contact Surfaces https://youtu.be/av1Rbh-lh08 .

3-501.16(A)(2) Maintain TCS foods in cold holding at 41F or less. -P- Observed raw fish in display case and in cold drawers above 41F. Refer to temperature chart. Per PIC, items had just been prepared. -CDI- PIC placed items in blast cooler to rapidly cool back down. -1.5- For more information, please visit: www.mecknc.gov/foodsafety or view our training videos at the following weblinks: What are TCS Foods https://www.youtube.com/watch?v=q0iLZb7v0UM and Safe Food Temperatures https://youtu.be/tXP09IK-1TQ .

2-301.12 (A),(B) Wash hands for at least 20 seconds. Follow the cleaning procedure to adequately wash your hands. Use warm water, soap, scrub 10 to 15 seconds, rinse, and immediately follow the cleaning procedure with thorough hand drying method (ex. Disposable Paper Towel). -P- Observed PIC wash hands and not use a paper towel to turn off the faucet thus recontaminating hands. -CDI- EHS educated PIC on using a barrier and PIC properly rewashed hands. -0- For more information on handwashing, please visit: https://health.mecknc.gov/envhealth/food-and-facilities-sanitation or view our training video at the following web link, https://youtu.be/BH6CLGrH10M .

6-301.14 Post a handwash sign at each handsink. Observed no handwashing signs at FOH handwashing sinks. -CDI- PIC reposted signs. -1-

3-302.15 Wash fruits and vegetables prior to use. Observed avocados with stickers on them in prep unit. PIC stated that avocados are not washed before use. -CDI- EHS educated PIC on washing avocados before use and removing stickers and PIC washed avocados and removed stickers. -0.5-

3-304.12 (F) Containers of water used for storing in-use utensils must be maintained at a temperature of at least 135 F and cleaned at least every 24 hours or when container has accumulated soil or residue. Observed rice scooper stored in water at a temperature of 68F. -CDI- EHS educated PIC on proper storage and PIC replaced item and stored it on a clean dish. -0-

3-203.12 Retain tag on the bag of shellstock until empty. Record date on the tag when the last shellstock from the container is used. Store tags in chronological order for 90 days. -Pf Observed one (1) open bag of oysters stored within the a pan of clams with no distinguishing bag tag. All other portions of bagged and panned shellstock were observed with proper tags retained. CDI -PIC voluntarily disposed of untangled oysters. REPEAT. Retain bag tags on individual bags or packages of shell stock. When rotated to pans, each bag of shell stock shall be in its own SEPARATE container, not intermingled with portions of shellstock of the same or different varieties. Maintain tags in container or pan until such a time that the last portion of shellstock is sold; at this point, write the date of final sale on the tag and retain for AT LEAST 90 days with other completed shell stock tags, in chronological order.

3-302.11(A)(8) Separate unwashed produce from ready-to-eat foods. Observed one (1) box of unwashed potatoes stored over oyster rock salt at dry storage. All other storage conditions were observed as being effective and within compliance. For more information on food storage order please visit: https://health.mecknc.gov/envhealth/food-and-facilities-sanitation

7-201.11 Store toxic materials to avoid contamination of food, equipment, utensils, linens, and single-service/use items. -P Observed one (1) bottle of pump oil stored above clean linens in plastic bags at chemical and linen shelving. CDI - EHS discussed proper chemical storage with PIC and rotated pump oil to readily available lower shelving, along with soap and dish sanitizers.

3-302.12 Label all working containers of food (oils, spices, salts, flour, sugar) except food that is easy to identify such as dry pasta. Observed three (3) plastic containers of wasabi powder and one (1) shaker of old bay spice at spice rack with no effective labeling. CDI - PIC labeled containers. EHS and PIC discussed labeling methods, including station labeling and labeled bins.

4-903.11(C ) Single Service and Single Use items shall be kept in the original protective package or stored using other means that protect the item until used. Observed two (2) stacks of single service articles (poke bowls and lids) with exposed food contact surfaces. CDI - Articles were reoriented to prevent potential contamination. REPEAT.

3-203.12 Retain tag on the bag of shellstock until empty. Record date on the tag when the last shellstock from the container is used. Store tags in chronological order for 90 days. -Pf Observed container of recently harvested shell stock with two separate tags from the supplier with separate harvesting dates. CDI - PIC contacted shellstock supplier and received verification of supplier error; tags were improperly placed in bag from supplier warehouse. PIC voluntarily disposed of shellstock and retained tags. Verify proper tagging of shellstock in future supplies.

3-302.11(A)(1) Separate raw animal foods from ready-to-eat foods and washed/unwashed fruits and vegetables. -P Observed raw bacon stored over several (more than seven (7) ready to eat sausage and frankfurter packages in self service RIC. Observed repackaged pistachios and pine nuts in facility standing reach in freezer below ROP salmon portions and crab cake. 3-302.11 (A)(2) Separate types of raw animal foods from each other such as beef, fish, lamb, pork, and poultry during storage, preparation, holding, and display. -P. Observed four (4) ground meat packages (merguez chorizo sausage) stored over whole muscle meats (lamb side, ROP beef medallions) in customer self service RIC. 3-304.11 (A) Food shall only contact surfaces of properly cleaned and sanitized equipment and utensils. -P Observed one (1) washed pineapple contacting clean shelving in WIC. CDI - washed produce was placed in readily available clean container. PIC and EHS discussed proper storage order of reach in units. Units were reorganized and EHS provided reach in storage order guide. Note: in freezer units, so long as packaged food items are in their original hermetic packaging (not repackaged) and still frozen, storage order is not considered in assessing proper storage. For more information on food storage order please visit: https://health.mecknc.gov/envhealth/food-and-facilities-sanitation

3-501.13 (E ) Reduced oxygen packaged fish, required to be kept frozen until time of use per labeling, shall be removed from the reduced oxygen environment prior to thawing under refrigeration or upon completion of thawing using running water. Observed one (1) package of ROP fish in WIC thawing without first being cut. CDI - PIC cut ROP fish packaging to remove from deoxygenated environment.

4-903.11(C ) Single Service and Single Use items shall be kept in the original protective package or stored using other means that protect the item until used. Observed three (3) stacks of single service articles (to go trays) with exposed food contact surfaces. CDI - Articles were reoriented to prevent potential contamination.

3-402.11 and 3-402.12 Provide records from supplier to guarantee fish served raw or undercooked is free of live parasites. -Pf - Observed Poke menu offered with uncooked tuna and salmon from Wulf’s fish (invoice) but no parasite destruction letter / letter of guarantee fro supplier. Vr required.

3-302.11(A)(1) Separate raw animal foods from ready-to-eat foods and washed/unwashed fruits and vegetables. -P - Observed 1 container of fish trims located above personal RTE foods in walk in cooler. CDI, foods relocated for proper storage. For more information on food storage order please visit: http://meck.co/FoodSafety

3-603.11 (C )(2) A Consumer Advisory Reminder shall include asterisking the food item to a footnote that states: * Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness.- Pf - Observed tuna and salmon offered on Poke bowl menu offered raw but not asterisked to designate items were included on consumer advisory. Asterisk menu items and add asterisk to consumer advisory on footnote of menu. Vr required.

2-301.14 (I) Wash hands after engaging in other activities that contaminate hands. -P - Observed a food employee turn faucet off with their bare hands after washing before handling clean single-service articles. CDI, employee rewashed hands.

3-501.18 Discard the food requiring date labels once time/temperature window has expired, if it is not been labeled, or if the label is incorrect. -P For more information please visit: http://meck.co/FoodSafety or view our training videos at the following weblinks: What are TCS Foods https://youtu.be/bRvqAETDjQU and Date Marking Food Safely https://youtu.be/BOPsSNUajYs . Observed unsalted butter with date of preparation of 12/22. CDI, butter voluntarily discarded.

8-103.12 Comply with the procedures in the HACCP plan as submitted and approved as part of a variance or local approval. Maintain approval and records as required.-P/Pf - Observed allergen and ingredient and cooking instruction labeling missing on ROP vacuum packaged fish. Vr required to ensure labeling included on packaging per HACCP standard operating procedures.

4-502.13 Single-use and single-service articles cannot be reused. Observed single-service manufacturer fish storage containers being washed and reused for food storage. 4-903.11(A)(C) Store single-use and single-service articles in a clean, dry location; where they are not exposed to splash, dust, or other contamination; and at least 6 inches above the floor. Observed boxes of single-service packaging stored on ground in garage storage space.

8-103.12 Comply with the procedures in the HACCP plan as submitted and approved as part of a variance or local approval. Maintain approval and records as required.-P/Pf - Observed two containers of salmon in ROP dated 9/5/22 and 09/18/2022, respectively, in reach-in freezer lacking a corresponding entry on the logs as required. Approved log states that PIC will enter records weekly. Ensure logs are maintained complete. - CDI - PIC updated logs.

6-301.14 Post a handwash sign at each handsink. - Observed hand wash sink across from 3 compartment sink missing required hand wash sign. - CDI - EHS provided PIC with sign. PIC posted sign.

4-903.11 (A) Store cleaned equipment, utensils, linens in a clean, dry location; where they are not exposed to splash, dust, or other contamination; and at least 6 inches above the floor. - Observed utensils stored with food contact surface up instead of handle up. - CDI - PIC inverted all utensils.

3-201.11(A) Use food from approved sources only.-P - Observed shell stock in display case without tags. CDI- PIC voluntarily discarded the items. NOTE: PIC stated items were from another batch of shell stock in the wic. EHS recommend making copies of tags when they split for display.

3-302.11(A)(8) Separate unwashed produce from ready-to-eat foods. For more information on food storage order please visit: http://meck.co/FoodSafety - Observed unwashed produce over washed RTE foods and commercial packaged sauces. CDI- PIC corrected the storage order since no physical cross contamination was observed.

3-502.12 Obtain Health Dept approval for the HACCP plan required for on site reduced oxygen packaging. -P/Pf- Observed ROP salmon at grab n go freezer. Also observed stuffed raw clams in 3 mil bagged ROP. CDI- PIC voluntarily discarded and denatured the 30-40 pieces of 6 oz pieces of ROP in 3 mil bag salmon and nine stuffed raw clams.

8-103.11 Provide the required information to obtain a variance to the regulatory authority.-Pf For more information on how to request a variance please visit: http://meck.co/FoodSafety - Observed ROP salmon at grab n go freezer. PIC voluntarily discarded and denatured the 30-40 pieces of 6 oz pieces of ROP in 3 mil bag salmon. Also observed 9 stuffed raw clams in 3 mil bagged ROP. A VR will occur within 10 days to ensure PIC has discontinued the process and provide documentation of not ROPing raw fish (clams) outside of 10 k bags.

3-501.15  Quickly cool foods. Use methods such as open/vented shallow pans, large ice baths and active stirring.  Cold air must flow around product to remove the heat. -Pf For more information please visit: http://meck.co/FoodSafety or view our training videos at the following weblinks: What are TCS Foods https://youtu.be/bRvqAETDjQU and Cooling Food Safely https://youtu.be/P6x8b1ZVOxU. Observed cut tomatoes and stuffed clam filling all cooling in wic covered. CDI- PIC removed items and placed them in blast chiller to quickly cool.

3-602.11 (B) (1)-(4) Food packaged on premises for customer self service shall include a label with the (1) common name of the food; (2) ingredients and sub ingredients in descending order; (3) quantity of contents; (4) name and place of business. REPEAT- Observed grab n go fish without quantity of content, name and place of business. NOTE: per inspection history improvement has been made with this code and violation number. Point deduction has remained the same. However, point deduction will increase if the violation occurs again during an inspection.

2-402.11 Use head coverings, beard guards and clothing to restrain body hair from contacting exposed food, equipment, and utensils. - Observed an employee preparing RTE foods and raw foods with a long beard without a proper cover.

5-202.14 Prevent backflow or back siphonage prevention devices installed shall meet American Society of Sanitary Engineering standards. -P - Observed can wash hose with a nozzle attached connected to a back flow prevention device not rated for consistent pressure. CDI - PIC removed the nozzle when not in use.

5-501.113(B) Keep dumpster, outside waste containers covered with tight-fitting lids or doors. - Observed shared dumpster doors opened.

2-102.12 PIC shall demonstrate knowledge by being a certified food protection manager. For more information on becoming a certified food protection manager please visit: http://meck.co/FoodSafety Observed that there is no person in charge that is deemed a certified food protection manager or the certified food protection manager certificate is deemed not to be from an accredited program. EHS elected to not take points at this time due to PIC, Brian Michelotti, showing reservation confirmation (dated 11/09/2021) that he is scheduled to take the ServSafe managers course on 11/13/2021 at 6:30pm. PIC present during inspection was able to answer all 17 questions during the routine inspection.

2-201.11 (A), B), (C), and (E) Responsibility of Permit Holder, Person in Charge and Conditional Employees. P- Establishment has posted MCHD Employee health policy poster and employee reporting agreement form, but PIC was unaware that salmonella nontyphoidal has been added as a reportable illnesses. CDI - EHS educated PIC on the updated BIG 6 reportable illnesses and provided hard copies to PIC of the updated Employee Health Acknowledgment form in English and Spanish. EHS discussed employee health policy in general with PIC. Educate all food employees on the updated employee health policy and reporting requirements. EHS recommends all food employees read and sign a copy of the employee health acknowledgement in a language they prefer. EHS also recommends a copy of the same form is made accessible to employees and inspector.

2-501.11 A food establishment shall have written procedures for employees to follow when responding to vomiting or diarrheal events. -Pf For more information please visit: http://meck.co/FoodSafety Observed establishment without written procedures for responding to a vomiting or diarrheal event. CDI-EHS discussed the requirement of having written procedures and provided PIC with the state’s example written procedure. EHS recommended to PIC that they review the document with all employees and purchase or make a clean-up kit. Maintain written procedures in establishment for employee and inspector review.

3-203.12 Retain tag on the bag of shellstock until empty.Record date on the tag when the last shellstock from the container is used. Store tags in chronological order for 90 days. -Pf Observed one out of 20 plus shellstock tags recorded without the date on the tag when the last shellstock from the container was used. CDI- PIC and owner went through documents (receipts and records) and added date (10/2).

3-501.16(A)(2) Maintain TCS foods in cold holding at 41F or less. -P Observed a bowl of scallop salad cold holding in display case above 41F. PIC stated he expected all TCS food items in the display case to be at 41F or below. During discussion, PIC stated the product was made around 10:30-11am and was placed in the unit 20 minutes prior to EHS arrival (approximately 11:50 on 11/12). CDI- PIC voluntarily placed the food items in the blast chiller which reached below 41F within 5 mins. EHS suspects this is a cooling methods issue and discussed cooling parameters and methods with PIC. All other TCS food items were measured at or below 41F.

3-501.17 Date mark/label all TCS foods that are ready-to-eat once opened or prepared and held more than 24hrs. -Pf For more information on date marking please visit: http://meck.co/FoodSafety Observed several containers of cooked and frozen fish, lobster and shrimp stock without date mark labels in customer self service reach-in freezer. Observed pre-cooked and formed crabs cakes in display case that were opened or prepared and held more than 24hrs without date mark labels. PIC stated the stocks were cooked and frozen on Tuesday, November 9th. EHS allowed PIC to backdate stocks and crab cakes. Verification visit no later than 11/19 to verify date marking system has been implemented at display case and customer self service coolers/freezers.

3-602.11 (B) (1)-(4) Food packaged on premises for customer self service shall include a label with the (1) common name of the food; (2) ingredients and sub ingredients in descending order; (3) quantity of contents; (4) name and place of business. Observed fish, shrimp and lobster stocks made and packaged in the establishment not labeled. The food items are located in the freezer accessible to customers. PIC stated and showed that the owner has purchased a label marker, but is in the process of learning the device so that it will print the labels for each food items. Immediately create labels and place on each food item packaged on the premises for customer self service. 3-602.11 (B) (5) Food packaged on premises for customer self service shall include a label with the major food allergens contained in the food -Pf. Observed fish, shrimp, and lobster stocks made and packaged in the establishment not labeled with customer self service. The labels shall include any of the following major food allergens that are ingredients to the stocks: milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soybean, and sesame. Verification visit no later than 11/19 to verify all food items packaged on the premises for customer self service are properly labeled. EHS instructed PIC to keep the products behind the counter until labels are created and provided on each product. Feel free to email inspector a copy of the labels prior to review.

3-304.12 Store in-use utensils in a clean, dry place, in food with handles out, in 135F or greater water or in running water which quickly moves food particles to the drain. Observed in-use cutting knives at prep tables stored in water/sanitizer at 67F. EHS discussed proper storage of in-use utensils which are mentioned above. REPEAT

3-501.18 Discard the food requiring date labels once time/temperature window has expired, if it is not been labeled, or if the label is incorrect. -P Observed a container full of individual portions of tomato butter (made with canned tomatoes and commercial salted butter) date marked 6/26. The food items exceed the maximum 7-day hold time. CDI-PIC voluntarily discarded the product. Discussed product assessment with PIC if he wants to hold longer than 7-days.

3-501.15 Quickly cool foods. Use methods such as open/vented shallow pans, large ice baths and active stirring. Cold air must flow around product to remove the heat. -Pf Observed raw sole, yellowfin and grouper in walk-in cooler cooling with lids tightly closed and stacked on top of one another at temperatures above 41F. PIC stated they had the raw fish out while setting up fish display case. CDI-PIC placed raw fish in blast chiller and EHS observed temperatures below 41F. EHS discussed approved cooling methods.

3-304.12 Store in-use utensils in a clean, dry place, in food with handles out, in 135F or greater water or in running water which quickly moves food particles to the drain. Observed in-use cutting knives at prep tables stored in sanitizer which are wiped then used to cut raw fish. CDI-EHS discussed proper storage of in-use utensils which are mentioned above. CDI-PIC emptied storage containers and placed knives at warewashing sink for cleaning and sanitizing.

3-302.11(A) Separate raw animal foods from ready-to-eat foods. -P Observed raw fish product stored above cooked crab cake mix. CDI-The items were rearranged.

4-501.11 Maintain equipment in good repair. Observed blue tape holding the gasket together to the ice machine. Needs repair.

3-501.16(A)(2) Maintain TCS foods in cold holding at 41F or less. -P Observed the front deli case holding product above 41F. It was found that the doors had been open and some of the food items had been pulled out to prepare for several orders. CDI-The items were placed back into the unit and

5-205.15 Maintain a plumbing system in good repair. Observed leaks to the plumbing underneath the hand washing sink in the back room. Needs repair.

3-302.11(A) Separate raw animal foods from ready-to-eat foods. -P Observed raw fish stored above cooked crab meat in the walk in cooler. CDI-The manager rearranged the cooler.

4-501.114 Manual and Mechanical Warewashing Equipment, Chemical Sanitization-Temperature, pH, Concentration and Hardness - P Observed dish machine reading 0ppm after replacing the sanitizer and priming the machine. The manager is going to contact their dish machine company to come out and repair. The facility will wash, rinse, and sanitize all equipment by hand until the unit is repaired. A VERIFICATION VISIT WILL BE MADE WITHIN 10 DAYS TO VERIFY THE WORKING OF THE MACHINE.

4-501.12 Resurface or replace cutting surfaces that can no longer be effectively cleaned and sanitized. Observed deep grooves in the cutting boards. Have resurfaced or replaced. *Note: Sushi is no longer being offered as of right now and the sushi case is unplugged and moved to a corner.

3-501.16(A)(2) Maintain TCS foods in cold holding at 41F or less. -P Observed product in the top part of the sushi flip top cooler holding above 41F. Also observed shrimp above 41F in the walk in cooler, that had just been thawed. Ensure product does not raise above 41F when in the thawing process. CDI-The product in the top portion of the flip top cooler were moved to the walk in cooler and discussed about ensure product does not raise above 41F when thawing.

3-304.14(B) Hold in-use wiping cloths in sanitizer between uses. Observed wet cloths being stored on the prep counters not in use. CDI-The cloths were removed.

4-601.11(C )/4-602.13 Keep the equipment clean to avoid build up of dust, food residue or debris. Observed cleaning needed to the dry storage shelving. Have cleaned.

3-302.11(A) Separate unwashed produce from ready-to-eat foods. -P COMMENT: Observed unwashed avacadoes above ready to eat foods in the walk in cooler.

3-501.17 Date mark/label all TCS foods that are ready-to-eat once opened or prepared and held more than 24hrs. -Pf In the sushi area observed tuna and octopus prepared yesterday without proper date mark. Facility has improved their date marking. Half points; at the next inspection full points will be deducted if not in compliance.

4-903.11(A) Store single-use and single-service articles to prevent contamination and at least 6 inches off the floor. COMMENT: Clam shells observed on the ground. PIC moved. Suggestion to PIC to purchase shelves.

6-501.11 Floors, walls, and ceilings including the attachments such as soap and towel dispensers; light fixtures; and heat/ac vents shall be maintained in good repair. COMMENT: Observed light bulbs out in the back kitchen area. Replace as soon as possible to maintain lighting requirements.

3-203.12 Retain tag on the bag of shellstock until empty. Record date on the tag when the last shellstock from the container is used. Store tags in chronological order for 90 days. -Pf COMMENT: Observed shellstock tags not in chronological order. CDI (corrected during inspection). The shellstock tags were immediately placed in chronological order by the person in charge (PIC).

3-501.16(A)(2) Maintain TCS foods in cold holding at 45F or less. -P COMMENT: Observed spicy mayonnaise stored at 65 and wasabi mayonnaise at 70F. The packaging of the mayonnaise states to keep it refrigerated. CDI. Sushi employee placed the mayonnaise in the reach in prep cooler.

3-501.17 Date mark/label all TCS foods that are ready-to-eat once opened or prepared and held more than 24hrs. -Pf 3-501.18 Discard the food requiring date labels once time/temperature window has expired, if it is not been labeled, or if the label is incorrect. -P Observed spring mix at the sushi bar without a date mark opened yesterday. Observed soup in the walk in cooler with a prepare date of 11/30. CDI. The PIC voluntarily discarded the soup. The spring mix was date marked appropriately with yesterdays date.

3-304.14(B) Hold in-use wiping cloths in sanitizer between uses. Observed wet wiping cloths at the sushi bar area outside of sanitizer and not being currently used. Repeat.

2-303.11 Remove jewelry on hands and arms while preparing food. A plain ring, such as a wedding band, is allowed. Observed food employee wearing a watch while performing food preparation. Make sure food employees remove all jewelry when performing food preparation. 2-402.11 Use head coverings, beard guards and clothing to restrain body hair from contacting exposed food, equipment, and utensils. Observed food employee with minor facial hair; be mindful with working around exposed food, equipment, and utensils.

3-304.14(B) Hold in-use wiping cloths in sanitizer between uses. Observed wet wiping cloths being stored on food preparation surface. Once towels are wet, make sure to store in sanitizer solution.

4-601.11(C )/4-602.13 Keep the equipment clean to avoid build up of dust, food residue or debris. Observed minor debris on spice and dry storage shelving. Make sure to increase cleaning frequency.

2-301.14 Wash hands after activities that contaminate them. -P 2-301.12. Follow the cleaning procedure to adequately wash your hands. Use warm water, soap, scrub 15 secs, rinse, and dry without recontaminating hands. -P 2-301.14 Wash hands before donning gloves and between gloves uses. -P Observed food employees not using a protective barrier to turn off faucet. CDI Reviewed correct hand washing with PIC and will retrain staff. Observed food employee going from register to donning gloves for food service. CDI Food employee stopped and directed to wash hands.

3-304.12 Store in-use utensils in a clean, dry place, in food with handles out, in 135F or greater water or in running water which quickly moves food particles to the drain. Observed in-use utensils being stored in sanitizer solution. CDI In-use utensils removed. Make sure to store as per approved storage for in-use ustensils.

4-501.12 Resurface or replace cutting surfaces that can no longer be effectively cleaned and sanitized. Observed cutting boards in need of being replaced/resurface. Make sure to have cutting boards replaced/resurfaced.

4-501.114 Maintain sanitizer at correct concentrations when being used to sanitize. -P Observed sanitizer in dish machine measuring at ~0 ppm. CDI by priming machine to raise sanitizer concentration to proper level.

3-501.19 Provide and follow written procedures for foods held using Time as a Public Health Control (TPHC). Clearly mark foods with begin and end times. All food not sold by the end of 4 hours shall be discarded. -P/Pf Observed proper TPHC procedures being implemented but no written procedures no site. CDI by providing and helping to fill out TPHC template.

6-501.11 Floors, walls, and ceilings including the attachments such as soap and towel dispensers; light fixtures; and heat/ac vents shall be maintained in good repair. Observed slight damage on ceiling tile above mop sink.

4-302.12 Provide an accessible thermometer for use. Provide a thin probe thermometer for accurate measure of thin foods.-Pf Observed no functioning thin probed thermometers on the premises during inspection. VR

4-501.11 Maintain equipment in good repair. Observed chipping paint on the shelving above prep sink.

4-302.14 Provide a test kit that accurately measures sanitizer concentrations. -Pf Observed no chlorine test strips in facility during inspection. VR

4-601.11(C )/4-602.13 Keep the equipment clean to avoid build up of dust, food residue or debris. Observed debris build up on shelving and vent in walk in cooler.

4-601.11(A) Equipment food contact surfaces and utensils shall be clean to sight and touch. -Pf Observed several containers stored as clean with debris build up. CDI by removal to dish area for recleaning.

3-501.17 Date mark/label all TCS foods that are ready-to-eat once opened or prepared and held more than 24hrs. -Pf Observed crab meat with no date mark in walk in cooler. CDI by correctly dating container.

3-302.12 Label all working containers of food (oils, spices, salts) except food that is easy to identify such as dry pasta. Observed three working containers of mixed oil with no labels. CDI by labeling the containers.

4-903.11(A) Store single-use and single-service articles to prevent contamination and at least 6 inches off the floor. Observed four boxes of single service articles on the floor.

5-501.114 Ensure drain plug on dumpsters, waste containers is in place. Observed no drain plug on dumpster.

3-203.12 Retain tag on the bag of shellstock until empty. Record date on the tag when the last shellstock from the container is used. Store tags in chronological order for 90 days. -Pf. Observed shellstock tags that were dated but not stored in chronological order. CDI items ordered. 3-402.11 and 3-402.12 Provide records from supplier to guarantee fish served raw or undercooked is free of live parasites. -Pf. Observed no parasite letters for cold smoked salmon in house. CDI distributer was able to send parasite letters to owner.

7-102.11 Label working containers of toxic materials such as cleaners and sanitizers.-Pf. Observed containers of sanitizers at the front counter. CDI items labeled.

w4-601.11(C )/4-602.13 Keep the equipment clean to avoid build up of dust, food residue or debris. Observed bottom of reach ins in need of cleaning.

3-502.11 Obtain a Variance for specialized processes.-Pf Observed the facility vacuum packaging raw fish with marinades and some vegetables on them. The facility is allowed to vacuum package raw fish only (no other ingredients) and must use 10K OTR bags. CDI- instructed PIC to discontinue this practice.

3-304.14 Wiping Cloths, Use Limitation - C Maintain sanitizer buckets at proper chemical concentrations. Observed one quat sanitizer bucket with a 0ppm concentration.

4-501.11 Maintain equipment in good repair. Some rusting on bottom shelving of prep tables. Replace/ repair

6-501.113 Store tools such as brooms, mops, and vacuum cleaners in an orderly manner to facilitate cleaning of the storage space and so they do not contaminate other items. 6-501.114 Discard items and litter stored on the premises as they are not necessary to operation and maintenance. Cleaning and stored items in far corner. Some equipment, utensils, containers no longer used. Remove items not used, clear out stored areas for cleaning mops and equipment.

4-602.11 Clean the equipment and utensils used with nonTCS foods as required to avoid contamination. Observed minor debris on the inside of the ice machine plastic shield. PIC set shield aside for recleaning.

3-304.14(D) Maintain dry wiping cloths free of visible debris and soil. Maintain sanitizer containers for in-use cloths free of visible debris and soil. Observed food debris in a sanitizer bucket next to the seafood display case.

4-501.11 Maintain equipment in good repair. PIC stated the dish machine was operating with a chlorine sanitizer concentration between 10-50ppm. PIC discontinued use of the dish machine and called the servicing company for repairs. Discontinue use of dish machine until it is sanitizing at or above 50ppm.

3-302.11(A) Separate raw animal foods from ready-to-eat foods. -P Observed raw dover sole fish stored in pack ice in a display case and cooked pre-packaged muscovy stored in the same pack ice below the dover sole. CDI- storage rearranged.

3-501.16(A)(2) Maintain TCS foods in cold holding at 45F or less. -P Observed one bag of shredded cabbage in a reach in cooler at 46F. CDI- cabbage was relocated to the walk in cooler.

3-501.18 Discard the food requiring date labels once time/temperature window has expired, if it is not been labeled, or if the label is incorrect. -P Observed one container of pico de gallo with a preparation date of 12/4. CDI- product discarded.

4-601.11(A) Equipment food contact surfaces and utensils shall be clean to sight and touch. -Pf Observed one can opener blade stored clean with dried food residue on the blade. CDI- can opener set aside for recleaning.

3-302.12 Label all working containers of food (oils, spices, salts) except food that is easy to identify such as dry pasta. Observed unlabeled dry goods on the dry storage shelf in the kitchen.

3-304.12 Store in-use utensils in a clean, dry place, in food with handles out, in 135F or greater water or in running water which quickly moves food particles to the drain. Observed cutting knife being stored in a sanitizer container near the glass seafood display case. Do not hold knives in sanitizer container between uses.

4-502.11(A) Maintain utensils in good repair. Observed one oyster shucking tool beginning to rust. The tool was voluntarily discarded.

5-205.15 Maintain a plumbing system in good repair. Observed the hand sink nearest the cash register with a minor leak on the piping underneath the sink.

5-501.17 Provide a covered waste bin in female restrooms. Observed no lid for the trash can in the co-ed employee restroom.

6-502.12 Floors, walls, ceilings including the attachments such as soap, towel dispensers; light fixtures; and heat/ac vent covers shall be clean. Caution should be used to minimize food exposure. Observed 2 ventilation covers above the 3 compartment sink beginning to accumulate dust.

3-502.12 Obtain Health Dept approval for the HACCP plan required for on site reduced oxygen packaging. -P/Pf Observed facility has and will start ROP of fish soon. Have been in contact with MCHD, S. Makres and M. Oliver. Current understanding - facility may ROP raw fish ONLY, at this time in 10K bags without product being frozen without providing a HAACP plan to MCHD.

8-103.11 Provide the required information to obtain a variance to the regulatory authority.-Pf Facility initially planned to ROP pasteurized crabmeat and some other foods combined with raw fish. If the facility intends to pursue this they will need to apply for and receive an approved variance from the state of NC.

3-307.11 Protect food from contamination sources not specifically noted by code. Observed employee foods stored over food for sale to the public. CDI- facility reorganized employee food container below foods for public or in sealed container

3-501.18 Discard the food requiring date labels once time/temperature window has expired or if it is not labeled. Observed chicken pot pie, lobster bisque and chili exceeding date mark due to temperature of 43 F. CDI- PIC voluntarily discarded

3-501.17 Date mark all TCS foods that are ready-to-eat once opened or prepared and held more than 24hrs. Observed multiple ready to eat TCS foods not date marked in display case. CDI- date marked

3-305.11 Store food in a clean, dry location, not exposed to contamination. Keep at least 6 inches above the floor. Observed hand sink splatter potential to contaminate food prep table. May be to install a splash guard to wall to protect food being prepped.

4-501.11(A) Maintain equipment in good repair. Observed walk iin cooler unit dripping profusely. Facility containing drip with bus tub, repair tech has failed to successfully repair. Repairs continue.

3-203.12 Maintain Shellstock with Identification. Observed one container of clams with tag already pulled. CDI_ tag placed back with clams.3-402.11 Maintain letters of Parasite Destruction for fish sold intended to be eaten raw or undercooked. CDI- faxed from purveyor

3-302.11 Store foods by final cook temperature so as prevent contamination. Observed raw fish to be cooked over ready to eat shellstock. CDI- reorganized

4-502.11 (B) Maintain thermometer in Good Repair and Calibration. Observed thermometer 2 F off calibration. VR- removed to calibrate

4-502.13 Single-Service and Single-Use Articles shall not be cleaned and reused. Observed multiple single use containers cleaned and reused.

3-501.17 Ready-To-Eat Potentially Hazardous Food (Time/Temperature Control for Safety Food), Date Marking Ensure all foods that are opened, time/temperature control for safety (TCS) and ready-to-eat are properly date marked(41F=7 days/42-45F=4days). Observed no date marking of cooked foods and ready to eat fish. VR for date marking

3-603.11 Consumption of Animal Foods that are Raw, Undercooked, or Not Otherwise Processed to Eliminate Pathogens Facility shall provide efective proper consumer advisory for ready to eat raw fish. VR