Inspection Report

Business Name
New York Bagels 'N Bialys

Business Address
1455 N SCOTTSDALE RD SCOTTSDALE AZ 85257

Permit Number
FD-58732

Permit Type
Food Establishment - Eating & Drinking

Inspection Purpose
Food Routine Inspection

Inspection Date
1/8/2024

Grade
D

Priority Violation
3

Inspection Status
Completed

Violations

Violation #: 8

Description: Hands Clean and Properly Washed

Comments:

PRIORITY VIOLATION-2-301.12, P: Cleaning Procedure. 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/4573/AMC-Toolbox---Handwashing.---Observed food employees on three separate occasions wash hands at hand washing sinks for less than 10 seconds. Food employees must wash hands for a total of 20 seconds. Discussed the importance of proper hand washing procedure in limiting the spread of contamination with the person-in-charge (PIC) at time of inspection

Correct By: Corrected At Time Of Inspection

Violation #: 13

Description: Food in Good Condition, Safe and Unadulterated

Comments:

PRIORITY VIOLATION-3-101.11, P: Safe, Unadulterated and Honestly Presented. 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/4619/AMC-Toolbox---Approved-Source.---Observed 11 (6 oz) containers of blueberries in the walk-in refrigerator with white organic matter throughout the package. Produce must be safe and unadulterated. Discussed discarding adulterated produce with the PIC at time of inspection. Product was embargoed at time of inspection.

Correct By: Corrected At Time Of Inspection

Violation #: 22

Repeat Violation

Description: Proper Cold Holding Temperatures

Comments:

PRIORITY VIOLATION-3-501.16(A)(2) and (B), P: Time/Temperature Control for Safety Food, Cold Holding. 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/4576/AMC-Toolbox---Cold-Holding.---Observed individual containers of Time or temperature controlled for safety (TCS) salsa sitting on the counter behind the cashier station on top of a pan of melted ice holding with internal temperatures of 55°F. At 11:08, the PIC stated that the product was placed out at 7:00 AM. PIC voluntarily discarded the product at time of inspection (see embargo form). Also observed cut spinach and cooked chicken patties in the left cold holding drawer on the cook line holding at internal temperatures between 44-47°F. PIC voluntarily discarded both items at time of inspection (see embargo form). Observed individually portioned plastic bags of cooked chicken holding on the open top prep table at 49°F. Per PIC, product was cooked the day before and the unit was not checked on the line check the morning of 1/8/2024. PIC discarded all bags of cooked chicken at time of inspection. Holding TCS foods must be maintained at temperatures of 41°F or below. Discussed the importance of keeping TCS foods out of the danger zone with the PIC.

Correct By: Corrected At Time Of Inspection,Repeat Violations: 3rd

Violation #: 28

Description: Toxic Substances Properly Identified, Stored, and Used; Held for Retail Sale, Properly Stored

Comments:

Correct By: Corrected At Time Of Inspection

Comments/Details

This establishment received a(n) D Grade and had 3 Priority and 0 Priority Foundation violations on this inspection.

Core-2-102.12(A), C: Certified Food Protection Manager-Establishment could not produce a valid certified food manager certificate for any food employee present during the inspection on 1/8/2024. Discussed the requirement to have a certified food manager on-site at all times.

Discussed the process to determine which items (like cold-smoked salmon) need to be included in the consumer advisory disclosure and reminder on the menu.

A pattern of non-compliance for Priority violation # [20], [3-501.16(A)(2) and (B),] has been noted during this inspection. The person in charge has been signed up for the Active Managerial Control Class on January 16th at 8:45 AM.

Inspection conducted with R.S. 1187.

Due to the violations noted on this inspection report, County legal action may result from this inspection.

Award: D,Embargo Lbs: 7.125,Food Manager Licenses: 0,Review Complete: CHECKED,Review Notes: Reviewed by MM,Signer: Paul Rea

"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.