RESTAURANT EL MAGUEY

Wednesday, March 29, 2023

Address
3917 4 AVENUE
Brooklyn, NY 11232
Cuisine
Mexican
Inspection Type
Administrative Miscellaneous / Re-inspection
Violations
7 total
⚠ 6 critical
Facility History
4 inspections

Violations Cited

⚠ 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 04A

Food Protection Certificate Not Held by Supervisor

Food Protection Certificate (FPC) not held by manager or supervisor of food operations.

⚠️ Why This Matters

KNOWLEDGE GAP: Establishments without certified managers have 2.5x more critical violations. Lack of food safety knowledge directly correlates with foodborne illness outbreaks. Certified managers reduce outbreak risk by 60% through proper training and oversight.

📋 Code Requirements

Obtain Food Protection Certificate immediately through NYC-approved course. Certificate holder must be present ALL operating hours. Post certificate conspicuously. Maintain valid certification (renew every 5 years). Train all staff on food safety basics.

CDC Risk Factor: Poor Personal Hygiene - Knowledge Factor
NYC Health Code Article 81, Section 81.15
• MAJOR 16-02

NYC Health Code Violation 16-02

The original nutrition fact labels or ingredient label for a cooking oil, shortening or margarine or food item sold in bulk, or acceptable manufacturer’s documentation not maintained on site.

⚠️ Why This Matters

CONTAMINATION RISK: This violation supports conditions allowing bacterial growth and pest activity. NYC Health Code Violation 16-02 violations associated with 25% increase in illness risk. Correction required within 24-48 hours.

📋 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 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 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 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
Inspector's Action:

No violations were recorded at the time of this inspection.

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