EL DESPERTAR MARLENE
Thursday, January 11, 2024
Violations Cited
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)
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.
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.
04H
Food Contaminated or Cross-Contaminated
Raw, cooked or prepared food is adulterated, contaminated, cross-contaminated, or not discarded in accordance with HACCP plan.
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.
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.
09B
Thawing procedure improper
Thawing procedure improper.
Improper thawing allows surface bacteria to multiply while interior remains frozen
Thaw under refrigeration, under cold running water, in microwave, or as part of cooking
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.
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.
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.
08A
Facility Not Free from Harborage Conditions
Establishment is not free of harborage or conditions conducive to rodents, insects or other pests.
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.
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.
09C
Food contact surface improperly constructed
Design, construction, materials used or maintenance of food contact surface improper. Surface not easily cleanable, sanitized and maintained.
Improper surfaces harbor bacteria in cracks and cannot be properly sanitized
Use stainless steel, approved plastics; no wood except cutting boards; smooth, intact surfaces
06F
Wiping Cloths Not Stored in Sanitizer
Wiping cloths not stored clean and dry, or in a sanitizing solution, between uses.
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.
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.
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.
Unsanitized utensils transfer bacteria directly to customers' food and mouths
Use approved sanitizer at correct concentration; test strips required; proper contact time
19-10
NYC Health Code Violation 19-10
Failure to display required signage about plastic straw availability
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.
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.
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.
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.
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.
04L
Evidence of Mice Present in Facility
Evidence of mice or live mice in establishment's food or non-food areas.
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.
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.
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.
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.
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.
02B
Hot TCS Food Not Held at 140°F or Above
Hot TCS food item not held at or above 140 °F.
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.
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.
Violations were cited in the following area(s).