Ben & Jerry's Ice Cream, 103 S. Union St, Alexandria, VA 22314 - Full Service Restaurant inspection findings and violations



Business Info

Restaurant: Ben & Jerry's Ice Cream
Address: 103 S. Union St, Alexandria, VA 22314
Type: Full Service Restaurant
Phone: 703 535-5485
Total inspections: 10
Last inspection: 10/02/2015

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Inspection findings

Inspection date

Type

This visit was made to conduct a follow up to the September 22, 2015 re-inspection. Person in charge has successfully completed a serve safe course but has not obtained a Northern Virginia Food Protection Manager card through ORS Interactive. Please email (rebecca.sletner@vdh.virginia.gov) or fax a copy of your Northern VA card once obtained.
  • Floor and Wall Junctures/Coved/Sealed/No Water Flush Cleaning (repeated violation)
    Observation: Observed that floor and wall junctures are not coved in area behind the 3 compartment sink and around the corner to the front of the store behind ice machine and next to hand sink. Coving is missing or pealing away from the wall. .
    Correction: If cleaning methods other than water flushing are used for cleaning floors, the floor and wall junctures shall be coved and closed to no more than 1 millimeter.
  • Outer Openings, Protected (Screen Requirements) (repeated violation)
    Observation: An exterior door is kept open for ventilation, but the opening is not protected against the entry of insects or rodents. Front door is kept open but there is no screen on the door.
    Correction: If an exterior door is kept open for ventilation, the opening shall be protected by a mesh screen (16 mesh to 1 inch) to prevent the entry of insects and rodents.
  • Physical Facilities Good Repair (repeated violation)
    Observation: Observed that the floors of the walk in freezer are not maintained in good repair. Observed missing tiles on floor of the freezer which make it difficult to clean properly.
    Correction: Repair the physical facilities. Poor repair and maintenance compromises the functionality of the physical facilities.
10/02/2015Follow-up
There is no certified Food Protection Manager (FPM) on the premises at the time of the follow up evaluation. This same observation was notated on the routine evaluation conducted on September 2, 2015 when a warning notice was issued. This is a violation of Section 11-2-24 of the Food and Food Handling Code of the City of Alexandria. A $100 civil penalty ticket (F-16-04492) has been issued for this violation. Repeat violations within a twelve month period incur increased penalties. A follow up evaluation will be conducted within 10 days to verify correction.
  • Critical: Certified Food Manager: Presence Required (repeated violation)
    Observation: There is no certified Food Protection Manager present.
    Correction: It shall be unlawful to operate a food establishment unless it is under the immediate control of a person with a valid certificate identifying them as a food protection manager. This same issue was observed during the routine evaluation conducted on September 2, 2015. A warning notice was issued at that time. A $100 civil penalty ticket (F-16-04492) has been issued today for this repeat observation. Additional repeat observations within a twelve month period incur increased penalties.
  • Floor and Wall Junctures/Coved/Sealed/No Water Flush Cleaning (repeated violation)
    Observation: Observed that floor and wall junctures are not coved in area behind the 3 compartment sink and around the corner to the front of the store behind ice machine and next to hand sink. Coving is missing or pealing away from the wall. .
    Correction: If cleaning methods other than water flushing are used for cleaning floors, the floor and wall junctures shall be coved and closed to no more than 1 millimeter.
  • Outer Openings, Protected (Screen Requirements) (repeated violation)
    Observation: An exterior door is kept open for ventilation, but the opening is not protected against the entry of insects or rodents. Front door is kept open but there is no screen on the door.
    Correction: If an exterior door is kept open for ventilation, the opening shall be protected by a mesh screen (16 mesh to 1 inch) to prevent the entry of insects and rodents.
  • Physical Facilities Good Repair (repeated violation)
    Observation: Observed that the floors of the walk in freezer are not maintained in good repair. Observed missing tiles on floor of the freezer which make it difficult to clean properly.
    Correction: Repair the physical facilities. Poor repair and maintenance compromises the functionality of the physical facilities.
09/22/2015Follow-up
This visit was made to conduct a routine food safety evaluation. The following issues require attention:
1.At this visit on September 2, 2015 there was no certified Food Protection Manager (FPM) on the premises at the time of the visit. This is a violation of Section 11-2-24 of the Food and Food Handling Code of the City of Alexandria. A warning civil penalty ticket (F-16-04490) has been issued for this violation. Repeat violations within a twelve month period incur increased penalties. An FPM card is to be obtained from ORS Interactive within 10 business days. A follow up visit will be conducted to verify.
2. Ensure that all employees have access to and know how to use the test strips for testing sanitizing solution. Sanitizing concentration was initially too strong in the sanitizing bucket but was corrected to the right level.
*Repeat Observations are Subject to Civil Penalty

  • Critical: Certified Food Manager: Presence Required
    Observation: There was no certified Food Protection Manager (FPM) on the premises at the time of the routine food safety evaluation. This is in violation of 11-2-24 of the Alexandria Food Safety Code.
    Correction: Establishment shall be under the control of someone holding a valid Northern Virginia Certified Food Protection Manager card at all operating times. A warning notice has been given to the establishment (F-16-04490). Card is to be obtained from ORS Interactive within 10 business days. A follow up visit will be conducted to confirm.
  • Floor and Wall Junctures/Coved/Sealed/No Water Flush Cleaning
    Observation: Observed that floor and wall junctures are not coved in area behind the 3 compartment sink and around the corner to the front of the store behind ice machine and next to hand sink. Coving is missing or pealing away from the wall. .
    Correction: If cleaning methods other than water flushing are used for cleaning floors, the floor and wall junctures shall be coved and closed to no more than 1 millimeter.
  • Outer Openings, Protected (Screen Requirements) (repeated violation)
    Observation: An exterior door is kept open for ventilation, but the opening is not protected against the entry of insects or rodents. Front door is kept open but there is no screen on the door.
    Correction: If an exterior door is kept open for ventilation, the opening shall be protected by a mesh screen (16 mesh to 1 inch) to prevent the entry of insects and rodents.
  • Physical Facilities Good Repair
    Observation: Observed that the floors of the walk in freezer are not maintained in good repair. Observed missing tiles on floor of the freezer which make it difficult to clean properly.
    Correction: Repair the physical facilities. Poor repair and maintenance compromises the functionality of the physical facilities.
  • Critical: Sanitizers, 21 CFR Criteria for Food Contact (corrected on site)
    Observation: Observed concentration of quaternary ammonium solution being used in container with wiping cloths at a level above 400 ppm.
    Correction: Chemical sanitizers shall be used in accordance with the CFR. High concentrations of sanitizer in excess of the CFR requirements can be harmful because residues of the materials remain. Employee discarded solution and took solution from sanitizing compartment of 3 compartment sink which had a concentration of approximaetly 300 ppm of quaternary ammonium.
09/02/2015Routine
This visit was made to conduct a follow up evaluation in conjunction to the routine food safety evaluation conducted on October 16, 2014. Observation 11-2-25 has been corrected since the previous evaluation.
  • Utensils That are In-Use / Between-Use Storage (repeated violation)
    Observation: Dispensing and/or in-use utensils improperly stored between use as follows: paper bowl without a handle used to dispense strawberries.
    Correction: During pauses in food preparation or dispensing, food utensils shall be stored in one of the following manners: 1) in the food with their handles above the top of the food and the container, 2) in food that is not potentially hazardous (time/temperature control for safe food) with their handles above the top of the food within containers or equipment that can be closed, 3) on a clean portion of the food preparation table or cooking equipment only if the in-use utensil and the food contact surface of the food preparation table or cooking equipment are cleaned and sanitized, 4) in running water of sufficient velocity to flush particulates to the drain, 5) in a clean, protected location if the utensils are used only with a food that is NOT potentially hazardous (time/temperature control for safe food), or 6) in a container of water if the water is maintained at a temperature of at least 135°F and the container is cleaned frequently.
  • Equipment / Durability (repeated violation)
    Observation: MasterBilt upright freezer stainless steel door cover has been removed to expose insulation.
    Correction: Equipment shall be designed and constructed to be durable and to retain their characteristic qualities under normal use conditions. The upright freezer door shall be replaced or repaired to provide a durable surface that can be easily cleaned and maintained.
  • Equipment / Good Repair / Components / Gaskets (repeated violation)
    Observation: The door gaskets of the following units are (missing, damaged):
    -Master-Bilt upright freezer
    -Master-Bilt 2-door undercounter refrigerator.

    Correction: Equipment components such as doors, seals, hinges, fasteners, and kick plates shall be kept intact, tight, and adjusted in accordance with manufacturer's specifications.
  • Plumbing / Maintained in Good Repair (repeated violation)
    Observation: Standing water in the kitchen hallway. Food establishment is in the process of determining source.
    Correction: Plumbing shall be maintained in good repair.
  • Floor and Wall Junctures/Coved/Sealed/No Water Flush Cleaning (repeated violation)
    Observation: Floor and wall junctures are not coved. Damaged coving due to a water leak (possibly inside wall), coving is no longer attached to floor or wall.
    Correction: If cleaning methods other than water flushing are used for cleaning floors, the floor and wall junctures shall be coved and closed to no more than 1 millimeter.
  • Outer Openings, Protected (Screen Requirements) (repeated violation)
    Observation: The front door is kept open for ventilation, but the opening is not protected against the entry of insects or rodents.
    Correction: If an exterior door is kept open for ventilation, the opening shall be protected by a mesh screen (16 mesh to 1 inch) to prevent the entry of insects and rodents.
  • Physical Facilities Good Repair (repeated violation)
    Observation: Door handle for the back door is missing and is open minus duct tape covering half the opening.
    Correction: Replace missing door handle to prevent the entrance of rodents and pests.
  • Cleaning Frequency for Physical Facilities (repeated violation)
    Observation: Observed flooring in the following locations are in need of cleaning:
    -below and around the two Master-Bilt upright refrigerator and freezer
    -walk-in freezer.

    Correction: Clean the physical facilities at a frequency necessary to ensure the protection and safe preparation of food.
10/24/2014Follow-up
This visit was made to conduct a routine food safety evaluation. The following items require attention:
1. A follow up evaluation will be conducted on or about October 24, 2014 to verify correction of observation 11-2-25. Food establishment has the option of emailing, mailing, or faxing a copy of their certified Food Protection Manager once obtained from ORS interactive. Please refer to attached business card for contact information.
--Repeat observations are subject to civil penalties.
Note: Food Safety Information binder provided to food establishment during the risk factor assessment. Discussed with the FPM major changes with the new 2013 Food Code to include employee health, clean-up of vomiting and diarrheal events, food allergens, responsibilities of permit holder (sticker provided), and increases in civil penalties. In addition, the 2013 Food Code training presentation in English was given to the FPM.

  • Certified Food Manager: Certificate Process
    Observation: The Person in Charge (PIC) has a valid certificate of successful completion of an accredited Certified Food Manager (CFM) exam, but does not possess the Northern Virginia CFM card.
    Correction: Obtain a Northern Virginia CFM card from ORS Interactive, Inc. within 10 business days. A copy of the Northern Virginia CFM card can be faxed to the Environmental Health Division at 703.746.4919. Failure to provide a copy of the photo identification card may result in further enforcement action. A follow up evaluation will be conducted within 10 days to verify correction.
  • Utensils That are In-Use / Between-Use Storage
    Observation: Dispensing and/or in-use utensils improperly stored between use as follows: paper bowl without a handle used to dispense strawberries.
    Correction: During pauses in food preparation or dispensing, food utensils shall be stored in one of the following manners: 1) in the food with their handles above the top of the food and the container, 2) in food that is not potentially hazardous (time/temperature control for safe food) with their handles above the top of the food within containers or equipment that can be closed, 3) on a clean portion of the food preparation table or cooking equipment only if the in-use utensil and the food contact surface of the food preparation table or cooking equipment are cleaned and sanitized, 4) in running water of sufficient velocity to flush particulates to the drain, 5) in a clean, protected location if the utensils are used only with a food that is NOT potentially hazardous (time/temperature control for safe food), or 6) in a container of water if the water is maintained at a temperature of at least 135°F and the container is cleaned frequently.
  • Equipment / Durability
    Observation: MasterBilt upright freezer stainless steel door cover has been removed to expose insulation.
    Correction: Equipment shall be designed and constructed to be durable and to retain their characteristic qualities under normal use conditions. The upright freezer door shall be replaced or repaired to provide a durable surface that can be easily cleaned and maintained.
  • Equipment / Good Repair / Components / Gaskets
    Observation: The door gaskets of the following units are (missing, damaged):
    -Master-Bilt upright freezer
    -Master-Bilt 2-door undercounter refrigerator.

    Correction: Equipment components such as doors, seals, hinges, fasteners, and kick plates shall be kept intact, tight, and adjusted in accordance with manufacturer's specifications.
  • Plumbing / Maintained in Good Repair
    Observation: Standing water in the kitchen hallway. Food establishment is in the process of determining source.
    Correction: Plumbing shall be maintained in good repair.
  • Floor and Wall Junctures/Coved/Sealed/No Water Flush Cleaning
    Observation: Floor and wall junctures are not coved. Damaged coving due to a water leak (possibly inside wall), coving is no longer attached to floor or wall.
    Correction: If cleaning methods other than water flushing are used for cleaning floors, the floor and wall junctures shall be coved and closed to no more than 1 millimeter.
  • Outer Openings, Protected (Screen Requirements)
    Observation: The front door is kept open for ventilation, but the opening is not protected against the entry of insects or rodents.
    Correction: If an exterior door is kept open for ventilation, the opening shall be protected by a mesh screen (16 mesh to 1 inch) to prevent the entry of insects and rodents.
  • Physical Facilities Good Repair
    Observation: Door handle for the back door is missing and is open minus duct tape covering half the opening.
    Correction: Replace missing door handle to prevent the entrance of rodents and pests.
  • Cleaning Frequency for Physical Facilities
    Observation: Observed flooring in the following locations are in need of cleaning:
    -below and around the two Master-Bilt upright refrigerator and freezer
    -walk-in freezer.

    Correction: Clean the physical facilities at a frequency necessary to ensure the protection and safe preparation of food.
  • Common Name on Working Containers of Toxics (Cleaners, Sanitizers) (corrected on site)
    Observation: Working containers of poisonous and toxic materials are not properly labeled with a common name. Observed spray bottles near the 3-compartment utensil washing sink without proper label (no common name label).
    Correction: Label all working containers of poisonous and toxic materials, including cleaners and sanitizers, with a common name to prevent the dangerous misuse of these materials. Corrected by writing the common name on each spray bottle.
10/16/2014Routine
This visit was made to conduct a follow-up evaluation to the risk factor assessment conducted on April 18, 2014. Item 11-2-24(a) has been corrected since the previous inspection.
No violation noted during this evaluation.
05/19/2014Follow-up
This visit was made to conduct a follow-up evaluation from the risk factor assessment conducted on April 18, 2014. At the time of today's evaluation there is no Certified Food Manager present. Civil penalty issued - F-14-04263 (11-2-24(a)).
  • Critical: Certified Food Manager: Presence Required
    Observation: There is no Certified Food Manager (CFM) present in the establishment.
    Correction: It is unlawful to operate a food establishment unless it is under the immediate control of a CFM. It is highly suggested that you have more than one employee with the food manager's certification. Failure to have a certified food manager on site during ALL hours of operation including food preparation, food service, and cleaning/sanitizing of equipment/utensils will result in enforcement action.
05/05/2014Follow-up
This visit was made to conduct a risk factor assessment. The following items require attention:
1. Person In Charge (PIC) has a valid certificate of completion of an accredited CFM exam but does not have the Norther Virginia CFM card from ORS Interactive. Fax or mail a copy to Environmental Health Division at AHD at 703.746.4919 or 4480 King St, Room 360, Alexandria, VA 22302 with-in 10 business days. A follow-up inspection will be conducted on or about May 2, 2014 if a copy of the Person In Charge CFM card is not received via fax or mail. CFM Guidelines handout provided.
2. Expectation is for all food employees to know reportable symptoms and big 5 illnesses. EHP poster provided.
3. The quaternary ammonia sanitizer was at a concentration >400 ppm at the time of the inspection. PIC indicated they do not have quat test strips which shall be provided to food employees when preparing sanitizers. Sanitizer solutions which are too strong are toxic and if made to weak will not properly sanitize food and non-food contact surfaces.
4. As per person in charge, this food facility is not properly washing equipment and utensils in the 3-compartment sink. Current practice is to use a cloth towel with soap on it for washing. The wash compartment of the 3-compartment sink shall contain a wash solution of soap or detergent when washing utensils and equipment.
5. This facility stores their ice cream scoops in running water with sufficient velocity to flush particulates to the drain but their is not an air gap provided between the water supply inlet and the flood level rim of the dipper well. Currently the water supply inlet dispenses water under the flood level. An air gap shall be at least twice the diameter of the water supply inlet and may not be less than 1" to prevent contamination of the water supply line.
--Repeat violations are subject to civil penalties.

  • Certified Food Manager: Certificate Process
    Observation: The Person in Charge (PIC) has a valid certificate of successful completion of an accredited Certified Food Manager (CFM) exam, but does not possess the Northern Virginia CFM card.
    Correction: Obtain a Northern Virginia CFM card from ORS Interactive, Inc. within 10 business days. A copy of the Northern Virginia CFM card can be faxed to the Environmental Health Division at 703.746.4919. Failure to provide a copy of the photo identification card may result in further enforcement action. Certified Food Manager Guidance handout provided.
  • Critical: Employee Health Policy Requirements (corrected on site)
    Observation: Through conversation and/or review of written policy, it was determined that the establishment's employee health policy (EHP) is not compliant with the Food Code because: Person In Charge (PIC) did not know reportable symptoms or Big 5.
    Correction: Create and implement an EHP that: 1) requires employees to report certain symptoms (vomiting, diarrhea, jaundice, sore throat with fever, or a lesion/infected wound) and illnesses (Norovirus, Hepatitis A, Salmonella Typhi, E. coli, or Shigella)
  • Common Name on Working Containers of Toxics (Cleaners, Sanitizers) (corrected on site)
    Observation: Working containers of poisonous and toxic materials at the 3-compartment utensil sink are not properly labeled with a common name (2 spray bottles).
    Correction: Label all working containers of poisonous and toxic materials, including cleaners and sanitizers, with a common name to prevent the dangerous misuse of these materials. Corrected by properly labelling the containers with their common name.
  • Critical: Sanitizers, 21 CFR Criteria for Food Contact (corrected on site)
    Observation: Quaternary ammonia concentration > 500 ppm (as per quat test strip) in the 3-compartment sink sanitizer basin and in the cloth sanitizer container adjacent to the hand sink.
    Correction: Quaternary ammonia sanitizer shall be used and maintained at the proper concentration. Corrected by re-making sanitizer solutions for the 3-compartment sink and cloth sanitizer container (quat test strip registered 200 ppm).
04/18/2014Risk Factor
Make corrections in 30 days.
  • Miscellaneous Sources of Contamination / Other Sources
    Observation: The following food item(s) were found subject to contamination after receipt and during storage due to the condition as described: employee foods are stored in the unit.
    Correction: Food shall be protected from contamination that may result from a factor or source not specified under Subparts 3-301 through 3-306.
  • Plumbing / Maintained in Good Repair
    Observation: Plumbing connections of the faucet fixtures piping are leaking.
    Correction: A plumbing system shall be maintained in good repair.
  • Outer Openings, Protected (corrected on site)
    Observation: An exterior window was observed to be open. This may allow the entry of insects and rodents. front door
    Correction: Windows in the establishment must be tight-fitting and remain closed. If windows are left open for ventilation, they must have mesh screens as specified under 6-202.15 to prevent the entry of insects and rodents. .
  • Hand Drying Provision / Individual, Disposable Towels (corrected on site)
    Observation: Observed that paper towels were not provided at each handwashing sink.
    Correction: Provide paper towels at each hand sink to allow employees to properly dry their hands after handwashing.
  • Physical Facilities Good Repair (repeated violation)
    Observation: Observed that the @Physical structure@ is not maintained in good repair:
    1. 3 compartment enclosures are heavily damaged
    2. Missing base covings all around.
    3. Damaged floors

    Correction: Repair the physical facilities. Poor repair and maintenance compromises the functionality of the physical facilities.
  • Maintenance Tools Stored in Orderly Manner
    Observation: Maintenance tools are not being stored in an orderly manner.
    Correction: Store all maintenance tools in an organized manner to prevent harborage and breeding conditions for rodents and insects.
  • Prohibiting Animals Except with Service Animals (corrected on site)
    Observation: Observed live animals on the premises of the establishment. A small dog eating ice cream with their owner in the dining area.
    Correction: Remove live animals from the premises. Live animals carry disease-causing organisms and can transmit pathogens to people through direct or indirect contamination of food and food-contact surfaces.
  • Cleaning Frequency for Physical Facilities (repeated violation)
    Observation: Observed that the whole facility is in need of cleaning.
    Correction: Clean the physical facilities at a frequency necessary to ensure the protection and safe preparation of food.
10/08/2013Routine
  • Physical Facilities Good Repair
    Observation: Replace missing ceiling tiles in back.
    Correction: Replace ceiling tiles where missing.
  • Physical Facilities Good Repair
    Observation: Repair loose and replace missing FRP panels in back (near 3-compartment sink)
    Correction: Repair walls in back so they are smooth, durable and easily cleanable.
  • Critical: Sanitizers, 21 CFR Criteria for Food Contact (corrected on site)
    Observation: Sanitizer concentration is to high (quat amonia >500ppm).
    Correction: Sanitizer concentrarion levels of your sanitizer (quat amonia) should be at levels given by the makers of the sanitizer (200ppm). (corrected).
03/29/2013Routine

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