Inspection Report
Mariscos Empalme
2301 E BELL RD PHOENIX AZ 85022
FD-89436
Food Establishment - Eating & Drinking
Food Routine Inspection
9/26/2024
Not Participating
3
Re-inspection required
Violations
Violation #: 1
Description: Person in Charge Present, Demonstrates Knowledge, and Performs Duties
Comments:
2-103.11 (A-N) and (P) - Priority Foundation: Person-In-Charge-Duties; Performs Assigned Duties Addl Notes: No certified food manager certification available onsite and multiple priority violations were observed with a lack of knowledge of food safety requirements. A person-in-charge is required onsite at all times, must demonstrate adequate knowledge, and perform all duties as required. Correct prior to next routine inspection.
Violation #: 2
Repeat Violation
Description: Certified Food Protection Manager
Comments:
2-102.12(A) - Core: Certified Food Protection Manager. For a permanent fix to this violation, check out these resources on our website. https://www.maricopa.gov/5114/Food-Restaurants Addl Notes: 2nd repeat violation. Person in charge could not provide certificate for certified food manager certification at time of inspection. The person in charge must be a certified food protection manager who has shown proficiency of required information through passing a test that is part of an accredited program. Fix prior to next routine inspection
Violation #: 11
Description: Food Obtained from Approved Source
Comments:
PRIORITY VIOLATION-3-201.11 (A-B) - Priority: Compliance with Food Law; Approved Source. 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.
Addl Notes: Observed multiple bags and containers of portioned shrimp, clams, and sea snails that came from Mexico per PIC and manager. PIC could not provide invoices or any bill of lading. All food was true-embargoed. All food must be obtained from an approved source as defined by law. Provide documentation at time of re-inspection. Correct prior to re-inspection.
Violation #: 14
Description: Required Records Available: Shellstock Tags, Parasite Destruction
Comments:
3-203.12 - Priority Foundation: Shellstock, Maintaining Identification. 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. Addl Notes: No shellfish tags available onsite for past - sold oysters. Shellfish tag for current oysters being sold was not kept in container of oysters. Shellstock tags must be kept with shellstock until sold, dated with final sale date, and maintained in chronological order for 90 days onsite. Shellstock tags or labels must remain attached to the container in which the shellstock are received until the container is empty.The identity of the source of shellstock that are sold or served must be maintained by retaining shellstock tags or labels for 90 calendar days from the date that is recorded on the tag or label by: using an approved record keeping system that keeps the tags or labels in chronological order correlated to the date that is recorded on the tag or label. Corrective Action: Correct prior to re-inspection.
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 raw shelled eggs stored directly above cilantro in reach-in cooler in kitchen area. All raw animal proteins must be stored below ready-to-eat (RTE) foods and stored according to cooking temperature at all times to prevent cross contamination. PIC properly stored all raw animal proteins according to the final cooking temperature based on the cooking parameters in § 3-401.11 of the Food Code. Corrected at time of inspection.
Violation #: 16
Description: Food-Contact Surfaces: Cleaned and Sanitized
Comments:
PRIORITY VIOLATION-4-501.114 (A-E) - Priority: Manual and Mechanical Warewashing Equipment, Chemical Sanitization- Temperature, pH, Concentration and Hardness. 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/4574/AMC-Toolbox---Food-Contact-Surfaces.
Addl Notes: Observed 3-compatment sink in-use at time of inspection with 0 ppm quat. Person in charge re-mixed solution to 200 ppm as required per manufacturer's instructions. Discussed the importance of proper sanitizer levels and proper monitoring of sanitizer levels. Corrected at time of inspection.
Violation #: 25
Description: Consumer Advisory Provided for Raw or Undercooked Food
Comments:
3-603.11 - Priority Foundation: Consumption of Animal Foods that are Raw, Undercooked, or Not Otherwise Processed to Eliminate Pathogens. 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/4125/Food-SafetyOperator-Resources. Addl Notes: No consumer advisory available in menu book that offers raw shrimp, raw scallops, undercooked eggs and raw fish food items. No disclosure available on wall menu board for raw animal food items that are served raw or under cooked. Offering and serving undercooked proteins requires an approved consumer advisory at all points of sale; and must contain an approved disclosure method and reminder statement. Predefined Comment: Must provide approved consumer advisory at all points of sale prior to re-inspection. Correct prior to re-inspection.
Comments/Details
Predefined Comment: Due to the violations noted on this inspection report, County legal action may result from this inspection.
Establishment is continuing to use side suite that was recently acquired to store frozen TCS items such as beans in home freezer, as well as equipment, drinks, and dry storage items. Upon inspection, a remodel has taken place which may require an application and plans to be submitted, and/or additional permits. Please submit an application, supporting documentation, and fees within 5 business days or legal action may result pursuant to MCEHC Chapter 1, Regulation 4(e). Applications with supporting documentation can be submitted via the customer portal "Permit Center" online at maricopacountyaz-energovweb.tylerhost.net/apps/selfservice#/home.
"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.
| 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.