Boston Market Restaurant #425, 18340 W. Bluemound Road, Brookfield, WI 53005 - Restaurant inspection findings and violations



Business Info

Restaurant: Boston Market Restaurant #425
Address: 18340 W. Bluemound Road, Brookfield, WI 53005
Phone: (262) 821-1600
Total inspections: 4
Last inspection: Mar 17, 2011
Score
(the higher the better)

95

Restaurant representatives - add corrected or new information about Boston Market Restaurant #425, 18340 W. Bluemound Road, Brookfield, WI 53005 »


Inspection findings

Inspection Date

Inspection Score
(the higher the better)

  • **CDC Risk Factor Violation 01 A**: 12-201.11 General.
  • **CDC Risk Factor Violation 08 C** : • The back handwash station was being used to store soap and cleaner.
  • Violation 35 A: • Foods packaged for customer self service must have the required label information.
  • Violation 43 F: • Plastic spoons at the cash register station must be presented to the casher handle first.
Feb 23, 2009 92
  • **CDC Risk Factor Violation 20 A_COLD HOLDING**: • Food stored in the sandwich cooler was above 41f. Bottom of the cooler was emptied during the inspection.
  • Violation 38 D: • Employees making sandwiches and cutting cooked chicken for customer service are not wearing hair restraints.
  • Violation 43 D: • Noted water trapped between stainless containers in clean storage.
Apr 6, 2010 92
  • Violation 38 D: 2-402.11 Effectiveness.
Apr 9, 2010 100
  • Each licensed regular restaurant and retail food processing facility conducting meal service activities in the state of Wisconsin must have at
  • Violation 38 D: 2-402.11 Effectiveness.
  • Violation 45 U: 4-501.11 Good Repair, Proper Adjustment, and Operation.
Mar 17, 2011 95

Violation descriptions and comments

Feb 23, 2009

**CDC Risk Factor Violation 01 A**: 12-201.11 General.
(A) The OPERATOR or at least one MANAGER of a FOOD ESTABLISHMENT shall have a certificate issued by the DEPARTMENT that states that the OPERATOR
or MANAGER has passed a DEPARTMENT APPROVED EXAMINATION on FOOD protection practices.
• Wisconsin Food Manager certification is not available. A certificate issued to Jon M. Dufek by Thomson Prometric was available. An
application for a Wisconsin certificate was left with this report.

However: (1) A new FOOD ESTABLISHMENT or a FOOD ESTABLISHMENT undergoing a change of OPERATOR after February 1, 2001 shall have a certified FOOD
MANAGER within 90 days of the initial day of operation or provide documentation that they are scheduled within three (3) months to take and pass
an APPROVED examination as specified in § 12-301.11.
(2) FOOD ESTABLISHMENTS which are not in compliance because of EMPLOYEE turnover or other loss of a CERTIFIED MANAGER, shall have 90 days from
the date of the loss of a CERTIFIED MANAGER to comply with this chapter, or provide documentation that the PERSON designated to be the certified
FOOD MANAGER will become certified within the time specified in this subparagraph.
(A) The operator or at least one manager of a food establishment shall have a certificate issued by the department that states that the operator
or manager has passed a department approved examination on food protection practices.
(B) If more than one food establishment operated by the same person is located on the same property or contiguous properties, only the operator
or one manager is required to be certified.
(C) A food establishment shall post a certificate issued by the department under this section in a conspicuous place on the premises of the food
establishment.
(D) The operator of a food establishment shall promptly notify the department when the certified manager terminates employment with the food
establishment and shall supply the department with the name and state certificate number of the new certified manager.
Application for certification shall be made on a form provided by the department. A completed application form shall be submitted to the
department along with a certification
fee of $10 and evidence that the applicant has successfully completed a written examination within the previous three years that meets the
criteria as specified in §12-301.11 WI Food Code.
A person whose certification has expired more than 6 months shall be required to take
and pass an approved examination as specified in § 12-301.11 to become certified.
Note: To obtain a copy of the application form, write Food Safety and Recreational Licensing Section, Bureau of Environmental and Occupational
Health, P.O. Box 2659, Madison, Wisconsin 53701-2659, telephone 608-266-2835.
**CDC Risk Factor Violation 08 C** :
• The back handwash station was being used to store soap and cleaner.
5-205.11 Using a Handsink.
(A) A handsink shall be maintained so that it is accessible at all times for FOOD EMPLOYEEs
use.
(B) A handsink may not be used for purposes other than handwashing except as specified
in § 2-301.15.
Violation 35 A:
• Foods packaged for customer self service must have the required label information.
WFC 3-602.11 Food packaged in a food establishment, shall be labeled as specified in law, including 21 CFR 101 - Food Labeling, and 9 CFR 317
Labeling, Marking Devices, and Containers.
Label information shall include:
(1) The common name of the food, or absent a common name, an adequately
descriptive identity statement;
(2) If made from two or more ingredients, a list of ingredients in descending order of predominance by weight, including a declaration
of artificial color or flavor and chemical preservatives, if contained in the food;
(3) The name of the food source for each major food allergen contained in the food
unless the food source is already part of the common or usual name of the respective
ingredient (effective January 1, 2006).
Note: Under the Food Allergen Labeling and Consumer Protection Act (FALCPA), a
"major" food allergen" is an ingredient that is one of the following eight foods/food
groups or is an ingredient that contains protein derived from one of the following: Milk
and milk products (whey, nonfat dry milk, casein, sodium caseinate, etc.); eggs
(albumen, whites, meringue, etc.); fish (bass, flounder, cod, etc.); crustacean shellfish
(crab, lobster, shrimp, etc.); tree nuts (almonds, walnuts, pecans, etc., each is a
separate allergen); wheat and wheat proteins (malt, caramel color, flour, etc.); peanuts
(peanut butter, unrefined peanut oil, flour, etc.); and soybeans and soy products
(hydrogenated soy protein, tofu, unrefined soybean oil, etc.).
(4) An accurate declaration of the quantity of contents;
(5) The name and place of business of the manufacturer, packer, or distributor; and
(6) Except as exempted in the Federal Food, Drug, and Cosmetic Act § 403(Q)(3)-(5),
nutrition labeling as specified in 21 CFR 101 - FOOD Labeling and 9 CFR 317 Subpart
B Nutrition Labeling.
(7) For any salmonid fish containing canthaxanthin as a color additive, the labeling of
the bulk fish container, including a list of ingredients, displayed on the retail container or
by other written means, such as a counter card, that discloses the use of canthaxnthin.
Violation 43 F:
• Plastic spoons at the cash register station must be presented to the casher handle first.
4-904.11 Kitchenware and Tableware.
(A) SINGLE-SERVICE and SINGLE-USE ARTICLES and cleaned and SANITIZED UTENSILS shall be handled, displayed, and dispensed so that contamination
of FOOD- and lip-contact surfaces is prevented.
(B) Knives, forks, and spoons that are not prewrapped shall be presented so that only the
handles are touched by EMPLOYEES and by CONSUMERS if CONSUMER self-service is provided.
(C) Except as specified under ¶ (B), SINGLE-SERVICE ARTICLES that are intended for FOOD- or lip-contact shall be furnished for CONSUMER self-
service with the original individual wrapper
intact or from an APPROVED dispenser.

4-compartment sink with a power washing compartment. Clean Quick sanitizer, n.s.u.
Food prep sink
2 hand wash stations (front and back)
Temperatures recorded during the inspection:
Customer self service - 36f
SERVICE COUNTER
Salad - 40f
Chicken Soup - 155f
Pot pie (surface temp.) 1152f
Mashed potato - 171f
Dressing - 158f
Sauce - 140f
ROTISSERIE AREA
Small Delifeild cooler - 40f
Sandwich prep- (top-chicken salad) 40f, (inside) 37f
Hot holding drawers - 147f & 155f
BACK PREP AREA
Alto shams - 171f & 151f
Under counter reach-in - 28f
Freezers - [-] 1f & 0f
Walk-in cooler - 37f
Walk-in (chicken) -34f

Apr 6, 2010

**CDC Risk Factor Violation 20 A_COLD HOLDING**:
• Food stored in the sandwich cooler was above 41f. Bottom of the cooler was emptied during the inspection.
3-501.16 Potentially Hazardous Food, Hot and Cold Holding.
(A) Except during PREPARATION, cooking, or cooling, or when time is used as the public
health control as specified under § 3-501.19, and except as specified in ¶¶ (B) and (C),
POTENTIALLY HAZARDOUS FOOD shall be maintained:
(1) At 135 degrees F or above, except that roasts cooked to a temperature and for a
time specified in ¶ 3-401.11(B) or reheated as specified in ¶ 3-403.11(E) may be held at
a temperature of 130 degrees F; or
(2) At 41 degrees F or less.
(B) Shell EGGS that have not been treated to destroy all viable Salmonellae shall be stored
in refrigerated EQUIPMENT that maintains an ambient air temperature of 41°F or less.
Violation 38 D:
• Employees making sandwiches and cutting cooked chicken for customer service are not wearing hair restraints.
2-402.11 Effectiveness.
(A) Except as provided in ¶ (B), FOOD EMPLOYEES shall wear hair restraints such as hats,
hair coverings or nets, beard restraints, and clothing that covers body hair, that are
designed and worn to effectively keep their hair from contacting exposed FOOD; clean
EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES.
(B) This section does not apply to FOOD EMPLOYEES such as counter staff who only serve
BEVERAGES and wrapped or PACKAGED FOODS, hostesses, and wait staff if they present a
minimal RISK of contaminating exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES.
Violation 43 D:
• Noted water trapped between stainless containers in clean storage.
4-903.11 Equipment, Utensils, Linens, and Single-Service and Single-Use
Articles.
(A) Except as specified in ¶ (D), cleaned EQUIPMENT and UTENSILS, laundered LINENS, and
SINGLE-SERVICE and SINGLE-USE ARTICLES shall be stored:
(1) In a clean, dry location;
(2) Where they are not exposed to splash, dust, or other contamination; and
(3) At least 15 cm (6 inches) above the floor.
(B) Clean EQUIPMENT and UTENSILS shall be stored as specified under ¶ (A) and shall be
stored:
(1) In a self-draining position that allows air drying; and
(2) Covered or inverted.
(C) SINGLE-SERVICE and SINGLE-USE ARTICLES shall be stored as specified under ¶ (A) and shall be kept in the original protective PACKAGE or
stored by using other means that afford protection from contamination until used.
(D) Items that are kept in closed PACKAGES may be stored less than 15 cm (6 inches) above
the floor on dollies, pallets, racks, and skids that are designed as provided under §
4-204.122.
Violation 43 F: 4-904.11 Kitchenware and Tableware.
• The lip-contact surface of cups stored on the counter must be protected from customer cough and sneeze.
(A) SINGLE-SERVICE and SINGLE-USE ARTICLES and cleaned and SANITIZED UTENSILS shall be handled, displayed, and dispensed so that contamination
of FOOD- and lip-contact surfaces is prevented.
(B) Knives, forks, and spoons that are not prewrapped shall be presented so that only the
handles are touched by EMPLOYEES and by CONSUMERS if CONSUMER self-service is provided.
(C) Except as specified under ¶ (B), SINGLE-SERVICE ARTICLES that are intended for FOOD- or lip-contact shall be furnished for CONSUMER self-
service with the original individual wrapper
intact or from an APPROVED dispenser.
• Information on the requirement for a Wisconsin Certified Food Manager was left with this report.
Each licensed regular restaurant and retail food processing facility conducting meal service activities in the state of Wisconsin must have at
least one manager or operator who is certified in food protection practices. (1) A new food establishment (regular restaurant or a retail food
processor) or a food establishment under going a change of operator after February 1, 2001 shall have a certified food manager within 90 days of
the initial day of operation or provide documentation that they are scheduled within three (3) months to take and pass an approved examination
as specified. (WI State Statutes Chapter 254.71, and section 12-201.11, HFS 196, Restaurants, Wisconsin Administrative Code). Certification
requires that the restaurant permit holder or manager pass one of four state approved exams which tests basic knowledge of food protection
practices. The certified person may not satisfy the requirement for more than one facility. Prepackaged-off premise, temporary and "special
organizations serving meals" restaurant operations and food establishments only processing non-potentially hazardous food or not processing are
exempt from this requirement. Certification involves a) taking and passing an approved exam and b) applying for state certification. After the
exam is taken and passed, the individual must apply for state certification by submitting all of the following: Proof of passing one of the
exams with an official written statement/document from the testing organization; a check or money order for $10.00 made out to the Department of
Health and Family Services; and a completed application. The "Food Manager's Certificate" expires five years after the date of issue, and may
be renewed if the certified manager successfully completes a recertification training course. You may obtain information about courses and
exams from the following organizations: Wisconsin Restaurant Association, 608-270-9950; Tavern League of Wisconsin, 608-270-8591; Waukesha
County Technical College (WCTC), 262-691-5254; Milwaukee Area Technical College, 414-297-7462; Gasser and Associates, 608-267-7189; Food
Concepts, Inc., 608-831-5006; and Associated Management Services (NAI), 608-742-5054.

3-compartment sink with power soak.
I recorded 200ppm of Quick Clean sanitizer in the final rinse.
Food prep sink, Daley International (PFW) used to wash produce.

TEMPERATURES RECORDED DURING THIS INSPECTION:
Walk-in cooler (raw meat) - 37f Main walk-in - 34f
3-door freezer - [9f] 2-door freezer - [5f]
Delfield under counter - 41f Back area Alto-shams - 165f & 150f
Beverage-Air sandwich cooler
Inside - (air) 51f
Top - (chicken salad) - 47f
HOT HOLDING
Alto sham - (chicken) - 150f Carter-Hoffman unit - 135f & 149f
Meatloaf - 145f Brisket - 135f
DISPLAY
Soup - 159f Mashed potato - 159f
Mac & cheese - 150f Pot pie - 150f
Beverage cooler - 38f Salad disoplay - 39f

Apr 9, 2010

Violation 38 D: 2-402.11 Effectiveness.
(A) Except as provided in ¶ (B), FOOD EMPLOYEES shall wear hair restraints such as hats,
hair coverings or nets, beard restraints, and clothing that covers body hair, that are
designed and worn to effectively keep their hair from contacting exposed FOOD; clean
EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES.
(B) This section does not apply to FOOD EMPLOYEES such as counter staff who only serve
BEVERAGES and wrapped or PACKAGED FOODS, hostesses, and wait staff if they present a
minimal RISK of contaminating exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES.

Violation 43 D: 4-903.11 Equipment, Utensils, Linens, and Single-Service and Single-Use
Articles.
(A) Except as specified in ¶ (D), cleaned EQUIPMENT and UTENSILS, laundered LINENS, and
SINGLE-SERVICE and SINGLE-USE ARTICLES shall be stored:
(1) In a clean, dry location;
(2) Where they are not exposed to splash, dust, or other contamination; and
(3) At least 15 cm (6 inches) above the floor.
(B) Clean EQUIPMENT and UTENSILS shall be stored as specified under ¶ (A) and shall be
stored:
(1) In a self-draining position that allows air drying
(2) Covered or inverted.
(C) SINGLE-SERVICE and SINGLE-USE ARTICLES shall be stored as specified under ¶ (A) and shall be kept in the original protective PACKAGE or
stored by using other means that afford protection from contamination until used.
(D) Items that are kept in closed PACKAGES may be stored less than 15 cm (6 inches) above
the floor on dollies, pallets, racks, and skids that are designed as provided under §
4-204.122.

This is a follow-up to my inspection of 4-6-10.
Critical violations have been corrected.
Sandwich cooler temperatures
Top (chicken salad) - 40f
Inside (air) - 39f
All cups are stored protected from contamination.
The following items still need your attention

Mar 17, 2011

Violation 45 U: 4-501.11 Good Repair, Proper Adjustment, and Operation.
• Delfield freezer door gasket is in need of repair.
(A) EQUIPMENT shall be maintained in a state of repair and condition that meets the requirements specified under Parts 4-1 and 4-2.
(B) EQUIPMENT components such as doors, seals, hinges, fasteners, and kick plates shall be
kept intact, tight, and adjusted in accordance with manufacturer’s specifications.
(C) Cutting or piercing parts of can openers shall be kept sharp to minimize the creation of
metal fragments that can contaminate FOOD when the container is opened.
(D) EQUIPMENT shall be used and operated in accordance with the manufacturers’ instructions
and as listed and tested unless APPROVED by the REGULATORY AUTHORITY.
Violation 38 D: 2-402.11 Effectiveness.
• Food workers working with food must wear hair restraints.
(A) Except as provided in ¶ (B), FOOD EMPLOYEES shall wear hair restraints such as hats,
hair coverings or nets, beard restraints, and clothing that covers body hair, that are
designed and worn to effectively keep their hair from contacting exposed FOOD; clean
EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES.
(B) This section does not apply to FOOD EMPLOYEES such as counter staff who only serve
BEVERAGES and wrapped or PACKAGED FOODS, hostesses, and wait staff if they present a
minimal RISK of contaminating exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES.


• The last recorded Wisconsin Food Manager was in 2006. A Servsafe certificate issued to Villegas Magdaleno was available.
Each licensed regular restaurant and retail food processing facility conducting meal service activities in the state of Wisconsin must have at
least one manager or operator who is certified in food protection practices. (1) A new food establishment (regular restaurant or a retail food
processor) or a food establishment under going a change of operator after February 1, 2001 shall have a certified food manager within 90 days of
the initial day of operation or provide documentation that they are scheduled within three (3) months to take and pass an approved examination
as specified. (WI State Statutes Chapter 254.71, and section 12-201.11, HFS 196, Restaurants, Wisconsin Administrative Code). Certification
requires that the restaurant permit holder or manager pass one of four state approved exams which tests basic knowledge of food protection
practices. The certified person may not satisfy the requirement for more than one facility. Prepackaged-off premise, temporary and "special
organizations serving meals" restaurant operations and food establishments only processing non-potentially hazardous food or not processing are
exempt from this requirement. Certification involves a) taking and passing an approved exam and b) applying for state certification. After the
exam is taken and passed, the individual must apply for state certification by submitting all of the following: Proof of passing one of the
exams with an official written statement/document from the testing organization; a check or money order for $10.00 made out to the Department of
Health and Family Services; and a completed application. The "Food Manager's Certificate" expires five years after the date of issue, and may
be renewed if the certified manager successfully completes a recertification training course. You may obtain information about courses and
exams from the following organizations: Wisconsin Restaurant Association, 608-270-9950; Tavern League of Wisconsin, 608-270-8591; Waukesha
County Technical College (WCTC), 262-691-5254; Milwaukee Area Technical College, 414-297-7462; Gasser and Associates, 608-267-7189; Food
Concepts, Inc., 608-831-5006; and Associated Management Services (NAI), 608-742-5054.

3-compartment sink with power washer.
I recorded 200ppm of Clean Quick sanitizer in the final rinse.
Food prep sink
Mop sink
(2) hand wash stations - customer service and back prep area.

Temperatures recorded during the inspection:
Walk-in cooler (chicken) - 35f Walk-in cooler - 34f
Delfield freezer - (-3f) Beverage-Air freezer - (-10)
Alto Sham - 180f (air)
Customer service
Mashed potato - 136f Soup - 161f
Mac & cheese - 142f Beverage display - 39f
Line
Steam table (Bar-B-Q Chicken) -175f
Hot hold
Turkey - 135f Chicken – 139f
Prep cooler – 38f

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