Major Violations

This section refers to violations that have been identified as indirect contributors for foodborne illness (FBI) and contribute to FBI risk factors. Each violation in this section is assessed 3 demerits.

  1. Food and warewashing equipment that are approved, properly designed, constructed, and installed.
    • Risk factor of concern: Food contamination. Strategies for controlling the risks and complying with regulations:
      • The design and construction of major equipment used to make- or store food must meet standards of testing and sanitation to assure reliability, durability, and cleanability. Domestic appliances that do not meet these standards or commercial equipment not operating properly need to be removed from the food establishment. 4-201; 4-202; 4-203; 4-204; 8-204.12(H)
  2. Food is protected from potential contamination during storage and preparation.
    • Risk factor of concern: Food contamination from improper storage. Strategies for controlling the risks and complying with regulations:
      • Food employees must be trained to store foods that need to be cooked separately from ready-to-eat foods. Raw animal products must also be stored in order of final cooking temperature, from lowest to highest. Dirty scoops should not be stored in food. Food should be covered while it is in storage; unless the food is actively cooling. Ice, used to store foods cold, must be kept out of the food product and it is not to be used for consumption . 3-302 – 3-305; 3-307
    • Risk factor of concern: Food contamination from improper preparation procedures. Strategies for controlling the risks and complying with regulations:
      • Cross-contamination can be caused by improper food-preparation procedures. Preparation surfaces need to be cleaned and sanitized in-between the handling of raw and ready-to-eat food; and, in-between different types of raw animal products. Preparation of ready-to-eat items should be done at a different time from that of raw food. Scoop handles need to be kept out of ready-to-eat food products. 3-302 – 3-305; 3-307
  3. Food is protected from potential contamination by chemicals. Toxic items are properly labeled, stored, and used.
    • Risk factors of concern: Food contamination. Strategies for controlling the risks and complying with regulations:
      • Chemicals must not be stored above- or directly next to food. Chemical containers must be labeled and must never be used/re-purposed for food storage. Chemical sanitizer concentrations must be at safe levels and the sanitizer must be used properly. Chapter 7; 4-402.11; 4-407.11
  4. Food is protected from potential contamination by employees and consumers.
    • Risk factors of concern: Food contamination by employees. Strategies for controlling the risks and complying with regulations:
      • Employees eating or drinking in food-preparation areas may contaminate their hands with saliva. Employees should only eat in designated areas. Employees may have covered drinks in food preparation areas if they are handled in such a way that they do not contaminate the person’s hands or any food products. Employee foods and drinks shall be stored underneath and away from customer foods, and food-contact surfaces. 2-401
    • Risk factors of concern: Food contamination by consumers. Strategies for controlling the risks and complying with regulations:
      • To prevent contamination of any food products by consumers, facilities must be properly designed with limited access to food handling area. When open foods are present, self-service areas must have appropriate utensils, covered food containers and/or properly-constructed food shields/sneeze guards. 3-306; 3-304.16; 3-307
  5. Kitchenware and food contact surfaces of equipment are properly washed, rinsed, sanitized and air dried. Equipment for ware washing is operated and maintained. Sanitizer solution is provided and maintained (as required).
    • Risk factors of concern: Food contamination from equipment. Strategies for controlling the risks and complying with regulations:
      • Food debris that is not properly removed from equipment may contain germs that can contaminate other foods when the equipment used. Effective sanitization can only be achieved after all food debris has been removed by proper cleaning methods. Food-contact surfaces, equipment, and utensils that are held at room temperature should be washed, rinsed, and sanitized after each use; or, at least, once every four hours while they are in continuous use. 3-304, 4
    • Risk factors of concern: Food contamination from employee practices. Strategies for controlling the risks and complying with regulations:
      • For active manual ware washing, sinks must be set-up properly to wash kitchenware in a minimum of 110°F hot, soapy water, rinse with clean water, have the sanitizer at correct sanitizer concentration, and submerge the kitchenware in the sanitizer for the appropriate contact time. Ware washing machines must have proper detergent- and sanitizer delivery and be operated in accordance with the manufacturer’s standards. 3-304, 4
    • Risk factors of concern: Food contamination from equipment. Strategies for controlling the risks and complying with regulations:
      • Procedures need to be developed for the proper cleaning of food-contact surfaces that cannot be taken to the ware washing area for cleaning (e.g., prep tables, slicers, prep sinks, ban saws, etc.). Use of an approved sanitizer with an effective concentration should be maintained during business hours for in-between the minimum cleaning frequency (e.g., a wiping cloth in a sanitizer bucket). 3-304, 4
  6. Handwashing facilities are adequate in number, stocked, accessible, and limited to hand washing, only.
    • Risk factors of concern: Poor personal hygiene. Strategies for controlling the risks and complying with regulations:
      • For food employees to properly wash hands, handwashing sinks must be kept accessible and properly stocked with handwashing supplies. Train food employees to use handwashing sinks exclusively for handwashing. Never allow staff to leave items inside- or in front of a designated handwashing sink. In addition to liquid soap and paper towels, handwashing sinks must have warm water (minimum 100°F) and a trash can. 5-202
  7. Effective pest control measures. Animals restricted as required.
    • Risk factors of concern: Food contamination. Strategies for controlling the risks and complying with regulations:
      • Pests, their droppings, and unauthorized animals may contaminate food and/or food-contact surfaces (which may lead to food contamination). A severe pest infestation will result in a food establishment closure due to the presence of an imminent health hazard (IHH).
      • An effective integrated-pest-management (IPM) program will work to prevent an infestation from occurring and includes: eliminating pest entry points and food sources, monitoring for signs of pest intrusion, and using safe pesticides. Prevent pest activity by sealing routes of entry, cracks, and crevices, removing food sources that can feed pests, and keeping a clean food establishment. 6-202.13; 6-202.15; 6-501.17; 6-501.18; 6-501.20; 6-501.21; 7-202.12; 7-206
  8. Hot- and cold holding equipment is present, properly designed, maintained, and operated.
    • Risk factors of concern: Improper holding time and temperature relationship. Strategies for controlling the risks and complying with regulations:
      • Equipment that is designed to keep food hot- or cold must be maintained in good working order and hold foods at proper temperatures. 4-2; 3-501.11
  9. Accurate thermometers (stem & hot/cold holding) are provided and used.
    • Risk factors of concern: Improper cooking temperatures/methods and improper holding time and temperature relationship. Strategies for controlling the risks and complying with regulations:
      • The only way to assure proper cooking, reheating, hot holding, cold holding, and cooling procedures is to monitor foods by using accurate- and properly- calibrated thermometers. Stem thermometers need to be checked for accuracy routinely, especially if they have been dropped. Verify the calibration of stem thermometers using the ice-water bath method. 4-302.13; 4-202.11
    • Risk factors of concern: Improper holding time and temperature relationship. Strategies for controlling the risks and complying with regulations:
      • Compare thermometers in refrigerators and hot-holding units to the readings from a stem thermometer. If different measurements are noted, investigate further to determine the cause. 4-302.13; 4-202.11
  10. PHF/TCSs are properly thawed. Fruits and vegetables are washed before preparation or service.
    • Risk factors of concern: Improper holding time and temperature relationship. Strategies for controlling the risks and complying with regulations:
      • Thawing foods at room temperature without controls in place may allow portions of that food to enter the temperature danger zone (41°F to 135°F) and allow for potential growth of germs. Procedures detailing how foods are to be thawed should include how the food will be monitored during the thawing process. Thoroughly train staff and follow-up frequently to ensure proper understanding- and execution of the procedure. 3-501.13
    • Risk factors of concern: Food contamination. Strategies for controlling the risks and complying with regulations:
      • Farm-produced crops (i.e., produce) must be washed prior to use in a cleaned and sanitized food-service sink to remove dirt and other contaminants. Remove rubber bands and stickers from produce during the cleaning process. 1-202
  11. Single use items are not reused or misused.
    • Risk factors of concern: Food contamination. Strategies for controlling the risks and complying with regulations:
      • Single-use food containers should not be re-used. Thin, plastic containers are not durable or designed to be cleaned. Grocery-type bags are not for storage of open or unwrapped foods. Single-use items should be discarded after the first use. 4-302.15
  12. Person-in-charge (PIC) is available and knowledgeable/management certification. Food handler card, as required. Facility has an effective employee health policy.
    • Risk factors of concern: Knowledge to prevent foodborne illness (FBI) and to control the risk factors. Strategies for controlling the risks and complying with regulations:
      • A designated person in charge (PIC) shall be present at the food establishment any time food handling activities occur. The PIC is responsible to ensure other employees are working in a way that conforms to the food establishment procedures or regulatory requirements established to control the FBI risk factors. The PIC must have a solid understanding of food safety as it pertains to the specific type of food processes that occur in the establishment. The PIC will need to know more than most of the other staff as he or she will be responsible for the oversight of the entire food operation. All food employees must have current food handler cards issued by the Health District and shall conduct foodservice activities in compliance with the regulations. 2-102, 2-103; 2-104, 2-404.11
    • Risk factors of concern: Poor personal hygiene including food employees working while sick with symptoms (i.e. vomiting, diarrhea, sore throat with a fever, jaundice, or infected cuts or burns on hands or wrists). Strategies for controlling the risks and complying with regulations:
      • The food establishment must have an effective employee health policy that addresses both illnesses and symptoms requiring the restriction and exclusion of employees from food handling activities. It shall have specific criteria for when an employee can return to work following illness. Both the PIC and food handlers must be familiar with the policy. 2-201
  13. Backflow prevention devices and methods are in place and maintained.
    • Risk factors of concern: Food contamination. Strategies for controlling the risks and complying with regulations:
      • Backflow prevention devices and methods must be installed and maintained anywhere in the food establishment where there exists a potential for contaminants to enter the facility’s water supply. For example, reduced pressure zone (RPZ) backflow prevention devices are commonly found on soda fountains to prevent carbonated water from contacting copper water lines in the food establishment. Each RPZ device must be tested annually; or, if water is flowing or dripping continuously from the base of the device. 5-205
  14. Grade card(s) and required sign(s) are posted conspicuously. Consumer advisory, as required. Records/logs maintained and available, when required. NCIAA-compliant. TCS’s labeled and dated, as required. Food sold for offsite consumption is labeled properly.
    • Requirements of concern: Required signs are not posted or are not posted conspicuously. Strategies for controlling the risks and complying with regulations:
      • Grade cards and required signage must be posted in the public areas to provide for consumer awareness. A menu advisory is required by regulation if raw- or undercooked foods are served. Required signs, such as consumer advisories, help inform the public about the risks of certain behaviors and help protect the owner of the food establishment from litigation. 8-204.12, 3-306.13(D), 3-401.11(D), 3-603
    • Risk factors of concern: The risk factors of concern for records and logs will vary, depending on the subject matter. Strategies for controlling the risks and complying with regulations:
      • Certain types of food operations have recordkeeping requirements. These requirements are to help control the risks from improper cooking temperatures or improper holding time and temperature. Recordkeeping requirements include logs for parasite destruction, operational plans, waivers, or variances. Food establishments with recordkeeping requirements must keep this information on file and available during operation. 3-402.12, 3-502
    • Requirements of concern: Non-compliance of Nevada Clean Indoor Air Act (NCIAA).
      Strategies for controlling the risks and complying with regulations:

      • The Health District is required by Nevada Revised Statute (NRS) 202.2483 to enforce food establishment prohibition of smoking in compliance with the Nevada Clean Indoor Air Act (NCIAA). 8-204.12
    • Risk factors of concern: Improper holding time and temperature relationship. Strategies for controlling the risks and complying with regulations:
      • Ready-to-eat (RTE), time and temperature control for safety (TCS) foods must be date-labeled to ensure proper rotation. Some commercially-manufactured RTE, TCS food has a long shelf life when kept in the refrigerator. The RTE, TCS food a food establishment makes must be used within seven (7) days and should be labeled to show that date. 3-501.17
    • Risk factors of concern: Food from unapproved sources Strategies for controlling the risks and complying with regulations:
      • Labels for food prepared in Clark County and packaged for off-premises consumption must be submitted to the Health District for review and approval. 3-602

Contact Information

Phone: (702) 759-0588

Email: environmentalhealth@snhd.org

 

Updated on: June 28, 2019