EL DESPERTAR MARLENE

Thursday, January 11, 2024

Address
849 PROSPECT AVENUE
Bronx, NY 10459
Cuisine
Latin American
Inspection Type
Administrative Miscellaneous / Initial Inspection
Violations
13 total
⚠ 13 critical
Facility History
4 inspections

Violations Cited

⚠ CRITICAL 19-06

NYC Health Code Violation 19-06

Providing single-use, non-compostable plastic straws to customers without customer request (including providing such straws at a self-serve station)

⚠️ Why This Matters

HEALTH HAZARD: This critical violation creates immediate risk of foodborne illness. Studies link NYC Health Code Violation 19-06 to bacterial contamination and outbreak events. Must be corrected immediately to protect public health.

📋 Code Requirements

Follow NYC Health Code Article 81 requirements. Implement corrective action immediately. Document all corrections. Train staff on proper procedures. Schedule follow-up inspection if critical.

⚠ CRITICAL 04H

Food Contaminated or Cross-Contaminated

Raw, cooked or prepared food is adulterated, contaminated, cross-contaminated, or not discarded in accordance with HACCP plan.

⚠️ Why This Matters

PATHOGEN SPREAD: Cross-contamination spreads deadly bacteria throughout facility. One contaminated cutting board can transfer Salmonella to 20+ food items. Causes multi-victim outbreaks. E. coli O157:H7 from raw beef can cause kidney failure in children.

📋 Code Requirements

Prevent ALL cross-contamination: Separate equipment for raw and ready-to-eat, Color-coded cutting boards, Proper storage order (raw below ready-to-eat), Clean and sanitize between different foods, Cover all foods, Change gloves between tasks.

CDC Risk Factor: Contaminated Equipment/Cross-Contamination
NYC Health Code Article 81, Section 81.07
⚠ CRITICAL 09B

Thawing procedure improper

Thawing procedure improper.

⚠️ Why This Matters

Improper thawing allows surface bacteria to multiply while interior remains frozen

📋 Code Requirements

Thaw under refrigeration, under cold running water, in microwave, or as part of cooking

CDC Risk Factor: Improper Holding/Time & Temperature
NYC Health Code Article 81, Section 81.09
⚠ CRITICAL 10B

Plumbing Not Properly Installed or Maintained

Anti-siphonage or back-flow prevention device not provided where required; equipment or floor not properly drained; sewage disposal system in disrepair or not functioning properly. Condensation or liquid waste improperly disposed of.

⚠️ Why This Matters

WATER CONTAMINATION: Backflow can siphon sewage into water supply, contaminating entire facility. Cross-connections spread pathogens throughout plumbing. Sewage backups create immediate health hazard. Can affect hundreds through contaminated water.

📋 Code Requirements

Install backflow preventers on ALL required fixtures. Maintain air gaps (2x pipe diameter minimum). Fix all leaks immediately. Ensure proper drainage - no standing water. Regular plumbing inspection. No direct connections between sewage and water supply.

CDC Risk Factor: Environmental Contamination
NYC Health Code Article 81, Section 81.23
⚠ CRITICAL 08A

Facility Not Free from Harborage Conditions

Establishment is not free of harborage or conditions conducive to rodents, insects or other pests.

⚠️ Why This Matters

PEST ATTRACTION: Harborage conditions support pest infestations. Gaps allow entry of rodents carrying 35+ diseases. Standing water breeds flies that spread 100+ pathogens. Clutter provides nesting for pests. Creates ongoing contamination risk.

📋 Code Requirements

Eliminate ALL harborage conditions: Seal cracks/holes (1/4 inch for mice, 1/2 inch for rats), Fix leaking pipes, Remove clutter/unused equipment, Eliminate standing water, Clean grease accumulation, Maintain 6 inches clearance from walls, Remove cardboard storage.

CDC Risk Factor: Environmental Contamination
NYC Health Code Article 81, Section 81.17
⚠ CRITICAL 09C

Food contact surface improperly constructed

Design, construction, materials used or maintenance of food contact surface improper. Surface not easily cleanable, sanitized and maintained.

⚠️ Why This Matters

Improper surfaces harbor bacteria in cracks and cannot be properly sanitized

📋 Code Requirements

Use stainless steel, approved plastics; no wood except cutting boards; smooth, intact surfaces

CDC Risk Factor: Contaminated Equipment/Protection from Contamination
NYC Health Code Article 81, Section 81.21
⚠ CRITICAL 06F

Wiping Cloths Not Stored in Sanitizer

Wiping cloths not stored clean and dry, or in a sanitizing solution, between uses.

⚠️ Why This Matters

CONTAMINATION SPREAD: Dirty wiping cloths spread millions of bacteria across every surface wiped. Bacteria double every 20 minutes on damp cloths. One contaminated cloth can spread pathogens to 30+ surfaces, causing facility-wide contamination.

📋 Code Requirements

Store wiping cloths in sanitizer AT ALL TIMES between uses: 50-100ppm chlorine or 200-400ppm quaternary ammonium. Change solution when visibly dirty or every 4 hours. Use separate cloths for food contact vs non-food contact. Test sanitizer concentration every 2 hours.

CDC Risk Factor: Contaminated Equipment
NYC Health Code Article 81, Section 81.21
⚠ CRITICAL 10H

Sanitization not provided for utensil washing

Single service article not provided. Single service article reused or not protected from contamination when transported, stored, dispensed. Drinking straws not completely enclosed in wrapper or dispensed from a sanitary device.

⚠️ Why This Matters

Unsanitized utensils transfer bacteria directly to customers' food and mouths

📋 Code Requirements

Use approved sanitizer at correct concentration; test strips required; proper contact time

CDC Risk Factor: Contaminated Equipment/Protection from Contamination
NYC Health Code Article 81, Section 81.21
⚠ CRITICAL 19-10

NYC Health Code Violation 19-10

Failure to display required signage about plastic straw availability

⚠️ Why This Matters

HEALTH HAZARD: This critical violation creates immediate risk of foodborne illness. Studies link NYC Health Code Violation 19-10 to bacterial contamination and outbreak events. Must be corrected immediately to protect public health.

📋 Code Requirements

Follow NYC Health Code Article 81 requirements. Implement corrective action immediately. Document all corrections. Train staff on proper procedures. Schedule follow-up inspection if critical.

⚠ CRITICAL 10F

Non-food Contact Surfaces Not Clean

Non-food contact surface or equipment made of unacceptable material, not kept clean, or not properly sealed, raised, spaced or movable to allow accessibility for cleaning on all sides, above and underneath the unit.

⚠️ Why This Matters

INDIRECT CONTAMINATION: Dirty non-food surfaces harbor pests and bacteria. Employees touch these surfaces then food. Accumulation attracts roaches and rodents. Creates reservoir of contamination that spreads throughout facility.

📋 Code Requirements

Clean all non-food surfaces regularly: Walls, ceilings, floors daily in food areas, Equipment exteriors, Storage shelves, Light fixtures monthly. Seal cracks. Repair damaged surfaces. Maintain cleaning schedule. Assign responsibilities.

CDC Risk Factor: Environmental Contamination
NYC Health Code Article 81, Section 81.23
⚠ CRITICAL 04L

Evidence of Mice Present in Facility

Evidence of mice or live mice in establishment's food or non-food areas.

⚠️ Why This Matters

WIDESPREAD CONTAMINATION: Mice produce 50-75 droppings daily, each containing Salmonella, Hantavirus. One mouse contaminates 10x more food than it eats through droppings and urine. Mouse allergens trigger asthma. Can infest entire facility in weeks.

📋 Code Requirements

Eliminate immediately: Clean all droppings with bleach solution, Seal ALL holes over 1/4 inch, Remove nesting materials, Professional treatment if >10 droppings found, Discard contaminated foods, Install traps/bait stations, Deep clean entire facility.

CDC Risk Factor: Contaminated Equipment/Environmental
NYC Health Code Article 81, Section 81.17
⚠ CRITICAL 06D

Food Contact Surfaces Not Properly Sanitized

Food contact surface not properly washed, rinsed and sanitized after each use and following any activity when contamination may have occurred.

⚠️ Why This Matters

BACTERIAL BUILDUP: Unsanitized surfaces harbor millions of bacteria within hours. Cross-contamination affects all food prepared on surface. Major cause of multi-victim outbreaks. Cutting boards can contain 200x more bacteria than toilet seats.

📋 Code Requirements

Clean and sanitize ALL food contact surfaces: After each use, Between different food types, Every 4 hours in continuous use, When contaminated. Use proper concentration sanitizer (50-100ppm chlorine, 200-400ppm quat). Air dry. Test sanitizer every 2 hours.

CDC Risk Factor: Contaminated Equipment - CDC Risk Factor #5
NYC Health Code Article 81, Section 81.21
⚠ CRITICAL 02B

Hot TCS Food Not Held at 140°F or Above

Hot TCS food item not held at or above 140 °F.

⚠️ Why This Matters

BACTERIAL MULTIPLICATION: At 120°F, Clostridium perfringens doubles every 10 minutes. Can reach illness-causing levels within 1 hour. This bacteria causes 1 million US cases annually with severe abdominal cramps and diarrhea lasting 24 hours. Hot holding violations responsible for 40% of restaurant outbreaks.

📋 Code Requirements

Maintain ALL hot foods at 140°F minimum. Check temperatures every 30 minutes for problem foods, every 2 hours otherwise. Use calibrated thermometers. Adjust equipment immediately if below 140°F. Reheat to 165°F if below temp for under 2 hours. DISCARD if below 140°F for over 2 hours.

CDC Risk Factor: Improper Holding/Time & Temperature - CDC Risk Factor #3
NYC Health Code Article 81, Section 81.09(a)
Inspector's Action:

Violations were cited in the following area(s).

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