Rally's Hamburgers #4173, 1064 W Mercury Blvd., Hampton, VA 23666 - Fast Food Restaurant inspection findings and violations



Business Info

Restaurant: Rally's Hamburgers #4173
Address: 1064 W Mercury Blvd., Hampton, VA 23666
Type: Fast Food Restaurant
Phone: 757 262-0883
Total inspections: 3
Last inspection: 02/06/2015

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Inspection findings

Inspection date

Type

All food temperatures observed are internal unless otherwise noted. This inspection was a risk factor inspection that focused on the 5 risk factors for foodborne illness (food from unapproved sources, inadequate cooking temperatures, inadequate holding temperatures, improper employee health and hygiene, and cross contamination of food and equipment). Good retail practices (GRPs) observed were discussed with operator and/or staff at time of evaluation.
Discussed cooling of chili. Advised to monitor to ensure produt continues to cool to 41* within 4 hours (by 5:30 pm). Failure to meet this parameter would require the chili to be discarded. Discussed methods to achieve this.
No food contact surfaces were being cleaned and sanitized at time of evaluation

  • Person in Charge (repeated violation)
    Observation: Facility lacks a Hampton Certified Food Manger (CFM) and permit to operate is not posted.
    Correction: Register ServSafe certificate ($10) and post Hampton CFM and permit in public view.
  • Person in Charge
    Observation: Staff not aware of policy to report signs and symptoms of illness AND 5 diagnosed illnesses.
    Correction: Policy is posted in the kitchen. Please review policy with all staff.
  • Critical: Temperature, Cooking - Raw Animal Foods*
    Observation: 3 chicken patties (2 batches) not cooked to 165* (they were frozen and stucked together).
    Correction: Corrected. Ensure chicken cooked to at least 165*.
  • Critical: Time as a Public Health Control* (corrected on site)
    Observation: Time as a public health control improperly used at fry station.
    Correction: Label times product prepared or to be discarded (not to exceed 4 hours).
  • Critical: Equipment - Food Contact Surfaces and Utensils (corrected on site)
    Observation: Shake blender not clean.
    Correction: Clean and sanitize.
02/06/2015Risk Factor
All temperatures taken are internal unless otherwise noted.
  • Person in Charge (repeated violation)
    Observation: Certified food manager is not registered with Hampton Health Department.
    Correction: Manager must register ServSafe certificate with Hampton Health Department and post certificate in public view.
  • Food - Packaged and Unpackaged - Separation, Packaging, and Segregation (repeated violation)
    Observation: Observed that burger patties were not protected from cross-contamination because patties were not in packages, covered containers, or wrapped.
    Correction: Prevent cross-contamination by storing food in packages, covered containers, or wrappings.
  • Utensils - In-Use - Between-Use Storage (corrected on site)
    Observation: Ice scoop improperly stored between uses. Handle not upright out of the ice.
    Correction: Store in-use utensils or dispensing utensils 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 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 every 4 hours. 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. 6) In a container of water if the water is maintained at a temperature of at least 135°F.
  • Cloths - Wiping Cloths - Use Limitation
    Observation: Concentration of chlorine in dirty wiping cloths bucket less than the required amount.
    Correction: Ensure concentration of chlorine is at least 50ppm-100ppm.
  • Critical: Food - Potentially Hazardous Food - Cold Holding* (repeated violation)
    Observation: (CORRECTED DURING INSPECTION)The following foods were cold holding at improper temperatures:
    >>Cream Cheese 44*F,Cheese 61*F and Tomatoes 52*F

    Correction: Relocated food to a refrigeration unit that is capable of maintaining food storage at 41°F or below.
  • Equipment - Good Repair and Proper Adjustment (repeated violation)
    Observation: The following equipment was observed in a state of disrepair and damaged:
    >>Gasket split sandwich line under counter refrigeration unit.
    >>Shelf next to three compartment sink.
    >>Walk-in freezer door frame damaged(right side)
    >>Interior surface of the walk-in refrigeration unit door was scraped , rusty and scored.
    >>Walk-in refrigeration door gasket was split.
    >>Chest freezer door gasket was torn.
    >>Bottom interior of hand sink cabinetry in the men's restroom.
    >>Ice build-up in freezer.

    Correction: Repair all equipment to restore a state of condition that allows for proper operation, accuracy, functioning, maintenance, and cleanability .
  • Critical: Equipment - Food Contact Surfaces and Utensils (corrected on site)
    Observation: Meat slicer was observed with visible accumulations of soil and debris.
    Correction: Clean meat slicer at a frequency to preclude accumulation of soil residues to prevent contamination of food and reduce attraction of insects and rodents.
  • Equipment - Non-Food Contact Surfaces and Utensils
    Observation: Interior of ice machine was soiled.
    Correction: Clean and sanitize
  • Non-Food Contact Surfaces (repeated violation)
    Observation: The nonfood contact surfaces of the following equipment had accumulations of grime and debris:
    >>Wire racks are soiled.
    >>Sandwich assembly refrigeration gasket
    >>Make table Gaskets are soiled.
    >>Bottom interior of hot holding drawers.
    >>Tops of chest freezers are soiled.

    Correction: Clean and sanitize the surface at a frequency necessary to preclude accumulation of soil residues that become encrusted or attract insects and rodents.
  • Hand Drying Provision (corrected on site)
    Observation: No disposable towels were provided at the hand washing lavatory at the front handsink.
    Correction: Hand drying devices such as individual disposable paper towels, a continuous towel system that supplies the user with a clean towel or heated air hand drying device must be provided at all hand washing lavatories to encourage proper hand washing and avoid employees to drying their hands on their clothing or other unclean materials
  • Lighting, Intensity (repeated violation)
    Observation: Insufficient lighting in walk-in refrigeration unit. One light was burned out.
    Correction: Provide at least 10 foot candles at a distance of 30 inches from the floor in the walk-in refrigeration units and dry storage areas and in other areas and rooms during periods of cleaning.
  • Physical Facilities in Good Repair (repeated violation)
    Observation: The following physical structures are not maintained in good repair:
    >>Light shield was loose/dangling from ceiling
    >>Cove molding damaged near dry storage area.
    >>Holes in the wall throughout the facility.
    >>Ceiling tiles in dining room are damaged.
    >>Trim not secured /sealed near the rear door(between storeroom door and utility closet.
    >>Exterior of the walk-in freezer base molding sections missing/damaged on each side of the two doors present.
    >>Chipped floor tiles underneath shelves near the shake machine.
    >>Floor tile grout eroded: floor near Co2 unit is cracked, at the three compartment sink and the grill area.
    >>Cove molding loose at three compartment sink .
    >>Floor -wall juncture not sealed below three compartment sink.
    >>Interior door frame of men's restroom was not sealed(where trim meets the frame)

    Correction: Maintain physical facilities in good repair. Poor repair and maintenance compromises the functionality of the physical facilities.
  • Critical: Pests-Controlling Pests*
    Observation: An excessive amount of flies were observed in the food preparation area.
    Correction: The presence of insects, rodents, and other pests shall be controlled to minimize their presence on the premises by using methods such as trapping devices or other methods as required.
07/01/2014Routine
The shake machine was turned off at the time of evaluation (was being filled at the time that EHS's arrived). The machine was making a very loud noise. EHS could not assess if unit was working properly at time of evaluation. Ensure unit is fully operational in accordance with manufacturer specifications.
In addition to a routine evaluation, this was a change in ownership inspection. AN interim permit is issued and will expire in 30 days on/around November 12, 2013. All violations shall be repaired/corrected/addressed at that time, specifically regarding equipment and the physical structures, or formal permit shall not be issued.

  • Person in Charge
    Observation: Certified food manager is not registered with Hampton Health Department.
    Correction: Manager must register ServeSafe certificate wit health department and post it in public view.
  • Critical: Employee Health*
    Observation: Employees or applicants are not aware of the reporting procedures concerning information about their health and activities as they relate to diseases that are transmissible through food, including the date of onset of jaundice or of an illness due to Salmonella Typhi, Shigella spp., Escherichia coli O157:H7, Hepatitis A virus or Norovirus
    Correction: Have the license holder require employees or applicants report to the person in charge any information about their health and activities if they are diagnosed with or had a past illness from Salmonella Typhi, Shigella spp., Escherichia coli O157:H7, Hepatitis A virus or Norovirus. EHS reviewed the current operating procedures manual and the current manual does not address the 5 reportable illnesses. EHS to provide guidance documents.
  • Food - Packaged and Unpackaged - Separation, Packaging, and Segregation
    Observation: Uncovered food observed in the walk-in freezer (and bags of food were nesting on top of uncovered fish fillets).
    Correction: Cover food in storage and discontinue nesting food on top of each other without proper covers.
  • Critical: Food - Potentially Hazardous Food - Cold Holding* (corrected on site)
    Observation: Philly steak mat (48*), whipped cream (48*) and cheese cake cream cheese (55*) cold holding at improper temperatures.
    Correction: Cold hold potentially hazardous/temperature control for safety foods (phf/tcs) at or below 41*. These items were corrected by labeling the steak and the whipped cream with a discard time. Discussed option of suing time as a control but Rally's requires temperature control for these listed items. Whipped cream and cream cheese were stored in an insufficient ice bath. When storing phf/tcs food in an ice bath, the ice must come up to the level of the food. cheese cake cream topping discarded.
  • Critical: Time as a Public Health Control* (corrected on site)
    Observation: Sliced tomatoes (45*) and sliced cheese (47*) on the sandwich make table for which time rather than temperature is being used as a control was not labeled or otherwise marked with a 4 hour cook, serve or discard by time.
    Correction: Discard food that is not cooked and served or served if ready-to-eat within 4 hours from the point in time when the food is removed from temperature control. Clearly label or otherwise mark the food with a 4-hour cook cook-serve or serve by time.
  • Equipment - Good Repair and Proper Adjustment
    Observation: 1. gasket split sandwich assembly line under counter refrigeration unit
    2. hinged cover missing sandwich assembly line under counter refrigeration unit
    3. shelf next to hand sink at three compartment sink
    4. walk in freezer door frame damaged ( right side )
    5. interior surface of the walk in refrigeration unit door is scraped and rusty and scored
    6. walk in refrigeration door gasket is split
    7. chest freezer door gasket torn
    8. bottom interior of hand sink cabinetry in the men's restroom

    Correction: Maintain equipment in good repair and proper adjustment.
  • Non-Food Contact Surfaces
    Observation: The non-food contact surfaces are not clean:
    1. sandwich assembly refrigeration gasket
    2. walk in refrigerator door gasket
    3. make table door gasket
    4. bottom interior of hot holding drawers

    Correction: Clean.
  • Equipment and Utensils, Air-Drying Required
    Observation: Food containers above the three compartment sink were found stacked while wet after cleaning and chemical sanitization.
    Correction: Items must be allowed to drain and air-dry before being stacked or stored to allow evaporation of chemical sanitizer and moisture that may encourage microbial growth.
  • Toilet Room Receptacle Covered
    Observation: There is no cover to the feminine napkin refuse container in the ladies room stall.
    Correction: Provide a cover to the feminine napkin refuse container in the ladies room stall.
  • Light Bulbs Protective Shielding
    Observation: Light shield missing in kitchen.
    Correction: Replace the light shield or place plastic light covers with end caps over each bulb.
  • Outdoor Walking and Driving Surfaces - Graded to Drain
    Observation: Small potholes forming at the rear of the building which is the drive thru path.
    Correction: Patch parking/drive thru area to remove potholes.
  • Lighting, Intensity
    Observation: Light bulb(s) burned out in walk-in freezer.
    Correction: Replace the bulb(s).
  • Physical Facilities in Good Repair
    Observation: The following structures are not maintained in good repair:
    window panel off restrooms cracked
    1. trim not secured / sealed near the rear door ( between storeroom door and utility closet )
    2. exterior of the walk in freezer base molding sections missing / damaged on each side of the 2 doors present
    3. ceiling tile support frame work in the kitchen is peeling and damaged and rusty
    4. ceiling tiles in the dining room storeroom are damaged or missing
    5. holes in the storeroom around CO2 unit ( several small holes and one large hole )
    6. holes large and small in the drive thru area
    7. holes in the ladies restroom
    8. chipped floor tile under shelves near shake machine
    9. floor threshold is cracked at storeroom entry
    10. floor tile grout eroded: floor near Co2 unit is cracked, at three compartment ink, and grill area
    11. chipped and peeling paint on wall in storeroom and dry storage area
    12. holes in wall at three compartment to hand sink area
    13. cove molding loose at three compartment sink and section missing in storeoom
    14. cut out in wall below three compartment sink
    15. floor-wall juncture not sealed below three compartment sink
    16. interior door frame of men's restroom is not sealed (where trim meets the frame)

    Correction: Maintain the physical facilities in good repair. Poor repair and maintenance compromises the functionality o the physical facilities.
10/02/2013Routine

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