Inspection Report

Business Name
Whataburger

Business Address
9990 N 90TH ST SCOTTSDALE AZ 85258

Permit Number
FD-06335

Permit Type
Food Establishment - Eating & Drinking

Inspection Purpose
CI Food Routine Inspection

Inspection Date
9/11/2024

Grade
D

Priority Violation
3

Inspection Status
Re-inspection required

Violations

Violation #: 15

Description: Food Separated and Protected

Comments:

PRIORITY VIOLATION-3-302.11 (A1-2) - Priority: Packaged and Unpackaged Food-Separation, Packaging, and Segregation; Protection from Cross Contamination. For a permanent fix to this violation, check out these simple tools in our Active Managerial Control Toolbox, made especially for you. https://www.maricopa.gov/4621/AMC-Toolbox---Cross-Contamination.

Addl Notes: Observed inside main walk in unit to left wall with open raw eggs stored directly over vanilla milkshakes. Notified Person In Charge (PIC). PIC moved raw eggs away from vanilla shakes. Also observed inside raw upright reach in unit with open raw beef hamburgers stored directly over open raw shelled eggs which were stored above open pasteurized eggs. Notified Person In Charge (PIC). PIC moved raw eggs to be above raw beef burgers. =====Separating raw animal foods during storage, preparation, holding, and display from raw RTE foods and cooked RTE foods. Separating types of raw animal foods from each other during storage, preparation, holding and display by using separate equipment for each type, arranging each type of food in equipment so that cross contamination is prevented, and preparing each type of food at different times or in different areas. Corrective Action: Corrected at time of inspection.

Violation #: 20

Description: Proper Cooling Time and Temperatures

Comments:

PRIORITY VIOLATION-3-501.14 - Priority: Cooling. For a permanent fix to this violation, check out these simple tools in our Active Managerial Control Toolbox, made especially for you. https://www.maricopa.gov/4617/AMC-Toolbox---Cooling.

Addl Notes: Observed establishment cooling several large containers of cut lettuce (8) and tomatoes (6). Time stamp was from 8:36am and 9:36am. Calibrated thermometers with Person In Charge. Time of inspection is after 2pm. Internal temperatures was at 44*F-54*F. Notified Person In Charge (PIC). Salads at 49*F. PIC confirmed internal temperatures. PIC will have employee discard all improperly cooled foods listed. =====TCS food prepared from ingredients at ambient temperature shall be cooled within 4 hours to 41°F or less. Corrective Action: Corrected at time of inspection.

Violation #: 51

Description: Plumbing Installed; Proper Backflow Devices

Comments:

PRIORITY VIOLATION-5-202.11 (A) - Priority: Approved System and Cleanable Fixtures; According to Law

Addl Notes: Observed black hose connected to y-valve connected to mops sink with installed AVB. Notified Person In Charge (PIC). PIC had employee remove y-valve from mop sink. Previously discussed multiple times with management team in installing appropriate backflow devices for carbonated beverage dispenser. Notified employees and Person In Charge (PIC). At time of inspection backflow devices have yet to be installed. =====Referring to design, construction, and installation, a plumbing system shall be designed, constructed, and installed according to law. ========Plumbing system not installed in accordance with IPC. Plumbing system or hoses made of unapproved materials. Corrective Action: Correct prior to re-inspection.

Comments/Details

Predefined Comment: No County legal action will result from this inspection.
A pattern of non-compliance is developing for Priority violation #51, 5-201.11, which has been noted during this inspection. An Active Managerial Control Intervention Visit was offered to the person in charge. Failure to correct repeat violations may result in
legal action.
Recommend: pest control services. Maintenance of three door prep refrigeration unit.

"A" for Food Safety

Through our grading system, Maricopa County Environmental Services Department provides at-a-glance indications of how food establishments perform during food safety inspections. This system is designed to grade food establishments in terms of food safety requirements and provide recognition to those who choose to participate.

How does it work?

The issuance of grade cards to food establishments is based on voluntary participation. The person in charge, who is present during the inspection, will be asked whether they would like to participate in the Grading System. This will be decided prior to each inspection. If an establishment does not participate in the Grading System, Not Participating or NP will appear on the inspection report, and the inspection will still occur. If an establishment does participate, a grade of A, B, C, or D will be determined at the conclusion of the inspection using the Grading System chart below. Participating establishments will then be provided with a grade card that can be posted in the establishment. The status of the establishment’s grade will also appear on the Restaurant Ratings page of the department’s website.

How can I determine the grade?

The Grading System chart can be used to determine grades earned for establishments that do not participate. Grades are determined by the number of Priority and Priority Foundation violations received at the time of inspection. Violation types are defined in general terms below.

Definitions

Priority Violation: Major violation that directly contributes to increasing the risk of foodborne illness or injury (e.g. Food employees do not properly wash hands when required).
Priority Foundation Violation: Minor violation that does not directly contribute to an increased risk of foodborne illness but failure to correct this violation may lead to the occurrence of a priority violation. For example, hand washing soap and paper towels not available at hand wash sink (may lead directly to food employees not properly washing hands when required).
Core Violation: Minor violation that relates to general maintenance and sanitation (e.g. No sign reminding employees to wash hands).
Cutting Edge Program: All county food-related establishments can partner with Maricopa County to implement a proactive approach to reducing foodborne illness risk factors by implementing food safety systems that include policies, training, and verification processes. Partners enrolled in the Cutting Edge Program receive an A+ when an A is earned.

Grading System The matrix below is used to grade food inspections under the voluntary grading system.
Violation Category	Grade A	Grade B	Grade B	Grade B	Grade B	Grade B	Grade B	Grade B	Grade C	Grade C	Grade C	Grade C	Grade C	Grade C	Grade D	Grade D
Priority	0	0	0	0	0	1	1	1	0	1	1	2	2	2	more than 2	more than 3
Priority Foundation	0	1	2	3	4	0	1	2	5	3	4	0	1	2	more than 3	more than 0

Any legal action for a pattern of non-compliance or permit suspension results in a D.