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Rusty's Seafood & Oyster Bar

Rusty's Seafood & Oyster Bar
628 Glen Cheek Dr
Port Canaveral
Cape Canaveral, FL 32920
(321)783-2033

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No (0) Emergency Closure Orders Since October 2008
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No (0) Disciplinary Activity Orders Since January 2007
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No (0) Food Misrepresentation Cases Since March 2006
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2 Food Service Inspections Since July 1, 2010
Inspection For: RUSTY'S SEAFOOD & OYSTER BAR
License Number: 1504257
License ID: 2135064
Inspection Visit ID: 3942667
Inspection Date: Friday, February 18, 2011
Inspection Number: 1948262
Visit Number: 1
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.
Number of Critical/Risk Violations: 4
Number of Noncritical Violations: 6
Total Number of Violations: 10
Details
ViolationObservations of Inspector [as written on inspection]
09-01-1 Critical. Observed improper use of bowl/plastic food container or other container with no handle used to dispense ready-to-eat food. Salsa Corrected On Site.
12B-07-1 Critical. Observed an open beverage container on a food preparation table or over/next to clean equipment/utensils. Corrected On Site.
15-12-1 Nonfood-contact equipment not designed and constructed in a durable manner. Oiled towel Corrected On Site.
15-28-2 Hood filters are not tight-fitting and firmly held in place - leaving open spaces. For reporting purposes only.
20A-10-1 Critical. Dishmachine chlorine sanitizer not at proper minimum strength. Rine and sanitize manually until fixed
22-27-1 Critical. Observed food-contact surfaces encrusted with grease and/or soil deposits. Cutting board in fish area
23-06-1 Observed build-up of food debris, dust or dirt on nonfood-contact surface. Oyster tray
37-08-1 Observed attached equipment soiled with accumulated food debris. Fan
38-10-1 Light not functioning. Hood
51-11-1 Carbon dioxide/helium tanks not adequately secured.

Inspection For: RUSTY'S SEAFOOD & OYSTER BAR
License Number: 1504257
License ID: 2135064
Inspection Visit ID: 3942668
Inspection Date: Thursday, August 19, 2010
Inspection Number: 1948263
Visit Number: 1
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.
Number of Critical/Risk Violations: 12
Number of Noncritical Violations: 8
Total Number of Violations: 20
Details
ViolationObservations of Inspector [as written on inspection]
02-25-1 Critical. Observed packaged food not labeled as specified by law. Squeeze bottle by grill
03A-07-1 Critical. Observed potentially hazardous food cold held at greater than 41 degrees Fahrenheit. Potatos 45f small prep
03D-05-1 Critical. Cooked potentially hazardous food not cooled from 135 degrees Fahrenheit to 41 degrees Fahrenheit within 6 hours. Mashed potatos in walk in 44f overnight
04-01-1 Critical. Cold holding equipment incapable of maintaining potentially hazardous food at proper temperatures. Small prep with rice and potatos
08A-15-1 Critical. Observed condensation dripping off ceiling onto fryer
08A-26-1 Critical. Observed raw animal food stored over ready-to-eat food. Tuna over sauces in sandwich prep
09-01-1 Critical. Observed improper use of bowl/plastic food container or other container with no handle used to dispense ready-to-eat food. Bowl in rice Corrected On Site.
15-32-1 Observed walk-in cooler gasket torn/in disrepair.
22-20-1 Critical. Observed buildup of slime in the interior of ice machine.
22-21-1 Critical. Observed soil buildup inside ice bin. Waitress area
22-27-1 Critical. Observed food-contact surfaces encrusted with grease and/or soil deposits. Mixer head
22-27-1 Critical. Observed food-contact surfaces encrusted with grease and/or soil deposits. Knives in clean rack in prep
32-16-1 Critical. Hand wash sink lacking proper hand drying provisions. Bar Corrected On Site.
36-12-1 Floors not constructed easily cleanable. Tile coming up in kitchen
37-03-1 Observed wall in disrepair.
37-11-1 Observed attached equipment soiled with accumulated dust. Vent over fryer
37-11-1 Observed attached equipment soiled with accumulated dust. Ceiling in prep area is dusty
37-11-1 Observed attached equipment soiled with accumulated dust. Fan in fish walk in
37-19-1 Observed moldy ceiling tiles and/or air conditioning vent covers. Dry storage
38-10-1 Light not functioning. Walk in

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2 Food Service Inspections for July 1, 2009 - June 30, 2010
Inspection For: RUSTY'S SEAFOOD & OYSTER BAR
License Number: 1504257
License ID: 2135064
Inspection Visit ID: 3606830
Inspection Date: Tuesday, February 16, 2010
Inspection Number: 1837535
Visit Number: 1
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.
Number of Critical/Risk Violations: 6
Number of Noncritical Violations: 7
Total Number of Violations: 13
Details
ViolationObservations of Inspector [as written on inspection]
03A-07-1 Critical. Observed potentially hazardous food cold held at greater than 41 degrees Fahrenheit. Ranch 51f Corrected On Site.
03A-07-1 Critical. Observed potentially hazardous food cold held at greater than 41 degrees Fahrenheit. Cheese 51,chicken 53, crab 54f Corrected On Site.
04-01-1 Critical. Cold holding equipment incapable of maintaining potentially hazardous food at proper temperatures. Prep box
08A-24-1 Critical. Observed raw animal foods not properly separated from each other in holding unit/during preparation. Raw beef over raw fish
09-01-1 Critical. Observed improper use of bowl/plastic food container or other container with no handle used to dispense ready-to-eat food. Cup in use by waitress to scoop ice
12A-02-1 Critical. Observed hand wash sink used for purpose other than washing hands. Washing tea machine parts
14-36-1 Observed gaskets/seals on cold holding unit in poor repair. Freezer
15-35-1 Nonfood-contact equipment exposed to splash/spillage not constructed of materials that are corrosion resistant, non-absorbent, smooth and easily cleanable. Shelves in storage room
23-05-1 Observed residue build-up on nonfood-contact surface. Wires in kitchen
23-06-1 Observed build-up of food debris, dust or dirt on nonfood-contact surface. Carts
36-15-1 Observed food debris accumulated on kitchen floor. Washing machine
37-06-1 Observed wall soiled with accumulated grease. Line
37-18-1 Observed dusty ceiling tiles and/or air conditioning vent covers.

Inspection For: RUSTY'S SEAFOOD & OYSTER BAR
License Number: 1504257
License ID: 2135064
Inspection Visit ID: 3754930
Inspection Date: Monday, August 10, 2009
Inspection Number: 1916598
Visit Number: 1
Inspection Class: Food
Inspection Type: Complaint Full
Inspection Disposition: Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.
Number of Critical/Risk Violations: 16
Number of Noncritical Violations: 1
Total Number of Violations: 17
Details
ViolationObservations of Inspector [as written on inspection]
01B-15-1 Critical. Stop Sale issued due to product out oof date- crab cakes
03C-05-1 Critical. Cooked poultry not reaching 165 degrees Fahrenheit for 15 seconds. Potatos Corrected On Site.
06-01-1 Critical. Observed potentially hazardous food thawed in an improper manner. Chicken in standing water
08A-04-1 Critical. Observed unwashed fruits/vegetables being cut out of dirtybox
08A-20-1 Critical. Displayed food not properly protected from contamination. Beer bottles are lid down inice at bar
08A-26-1 Critical. Observed raw animal food stored over ready-to-eat food. Over mashed
09-01-1 Critical. Observed improper use of bowl/plastic food container or other container with no handle used to dispense ready-to-eat food. 2 oz scoop in spice Corrected On Site.
12A-22-1 Critical. Observed food employee touching ready-to-eat food with their bare hands. Cutting onion Corrected On Site.
12A-22-1 Critical. Observed food employee touching ready-to-eat food with their bare hands -lemons Corrected On Site.
12A-25-1 Critical. Observed an employee with long fingernails working with exposed food.
12B-07-1 Critical. Observed an beverage container on a food preparation table or over/next to clean equipment/utensils.
20A-10-1 Critical. Dishmachine chlorine sanitizer not at proper minimum strength.
22-10-1 Critical. Observed plates face side up Corrected On Site.
32-16-1 Critical. Hand wash sink lacking proper hand drying provisions.
32-17-1 Critical. Handwashing cleanser lacking at handwashing lavatory. 1 sink
35A-08-1 Critical. Observed live flies in kitchen.
38-10-1 Light not functioning. Hood

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1 Food Service Inspection for July 1, 2008 - June 30, 2009
Inspection For: RUSTY'S SEAFOOD & OYSTER BAR
License Number: 1504257
License ID: 2135064
Inspection Visit ID: 3167516
Inspection Date: Monday, October 13, 2008
Inspection Number: 1656154
Visit Number: 1
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.
Number of Critical/Risk Violations: 6
Number of Noncritical Violations: 10
Total Number of Violations: 16
Details
ViolationObservations of Inspector [as written on inspection]
03A-07-1 Critical. Observed potentially hazardous food cold held at greater than 41 degrees Fahrenheit. 58f cheese Corrected On Site.
08A-26-1 Critical. Observed raw animal food stored over ready-to-eat food. Fish over mussels Corrected On Site.
08A-28-1 Critical. Observed food stored on floor. Shrimp in freezer Corrected On Site.
14-36-1 Observed gaskets/seals on cold holding unit in poor repair. Torn seafoid boxes
20A-10-1 Critical. Dishmachine chlorine sanitizer not at proper minimum strength.
22-28-1 Critical. Observed interior of reach-in cooler soiled with accumulation of dust. Fan and ceiling
23-03-1 Observed build-up of grease on nonfood-contact surface. Shelf anove fryer
24-09-1 Observed clean equipment stored on floor. Cutting boards
24-10-1 Observed utensils stored in crevices between equipment. Corrected On Site.
29-17-1 Waste line missing at soda gun holster.
35A-09-1 Critical. Observed the presence of insects, rodents, or other pests. Light shields
36-13-1 Observed grease accumulated under cooking equipment. Bar
37-02-1 Observed hole in wall. Dish area
37-03-1 Observed wall in disrepair. By ice unit
37-13-1 Observed hole in ceiling. Tiles broken
38-10-1 Light not functioning. Hood

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2 Food Service Inspections for July 1, 2007 - June 30, 2008
Inspection For: RUSTY'S SEAFOOD & OYSTER BAR
License Number: 1504257
License ID: 2135064
Inspection Visit ID: 3137646
Inspection Date: Monday, April 07, 2008
Inspection Number: 1639223
Visit Number: 1
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.
Number of Critical/Risk Violations: 10
Number of Noncritical Violations: 3
Total Number of Violations: 13
Details
ViolationObservations of Inspector [as written on inspection]
03A Critical. Cold food at proper temperatures during storage, display, service, transport, and cold holding
03A Critical. Cold food at proper temperatures during storage, display, service, transport, and cold holding
04 Critical. Facilities to maintain product temperature
08A Critical. Food protection during storage, preparation, display, service, transportation
09 Critical. Foods handled with minimum contact
12A Critical. Hands washed and clean, good hygienic practices (observed), alternative operation plan
12B Critical. Proper hygienic practices, eating/drinking/smoking (evidence)
15 Non-food contact surfaces designed, constructed, maintained, installed, located
22 Critical. Food contact surfaces of equipment and utensils clean
22 Critical. Food contact surfaces of equipment and utensils clean
24 Storage/handling of clean equipment, utensils
32 Critical. Restrooms with self-closing doors, fixtures operate properly, facility clean, supplied with handsoap, disposable towels or hand drying devices, tissue, covered waste receptacles
38 Lighting provided as required. Fixtures shielded

Inspection For: RUSTY'S SEAFOOD & OYSTER BAR
License Number: 1504257
License ID: 2135064
Inspection Visit ID: 2923358
Inspection Date: Friday, November 30, 2007
Inspection Number: 1585162
Visit Number: 1
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.
Number of Critical/Risk Violations: 11
Number of Noncritical Violations: 10
Total Number of Violations: 21
Details
ViolationObservations of Inspector [as written on inspection]
02-22-1 Critical. Ready-to-eat, potentially hazardous food prepared on site and held more than 24 hours with not properly date marked. Missing ending date
14-27-1 Water treatment device has not been inspected or serviced according to manufacturer's instructions. Last inspection 10-06
14-36-1 Observed gaskets/seals on cold holding unit in poor repair. Panini station
15-31-1 Observed nonfood-contact equipment in poor repair, missing handle on prep box upright
23-05-1 Observed residue build-up on nonfood-contact surface. Dead bugs in womans bathroom light shields
24-10-1 Observed utensils stored in crevices between equipment.
32-08-1 Critical. No waste receptacle provided at handwash lavatory with disposable towels. Prep
32-15-1 Critical. No handwashing sign provided at a handsink used by food employees. Bar by thee comp sink at bar
32-16-1 Critical. Hand wash sink lacking proper hand drying provisions. Bar by 3 comp sink
36-12-1 Floors not constructed easily cleanable. Beer cooler
36-12-1 Floors not constructed easily cleanable. Tile coming up
37-09-1 Wall not smooth and easily cleanable. Wall by walk in peeling up
37-13-1 Observed hole in ceiling. Prep area
38-10-1 Light not functioning. Hood
41A-02-1 Critical. Observed toxic item stored by food. Steele cleaner
41B-03-1 Critical. Observed unlabeled spray bottle. Purple cleaner at bar
47-06-1 Critical. Observed extension cord in use for non-temporary period. Outside front
47-06-1 Critical. Observed extension cord in use for non-temporary period. Broiler
47-06-1 Critical. Observed extension cord in use for non-temporary period. Steamer. No ORANGE CORDS ARE PERMITTED
48-06-1 Critical. Observed a gas heater on the deck under the roof. Discontinue until fire marshall approval Boiler Information: No Boiler On Site.
53B-08-1 Critical. No proof of required employee training provided. All public food service establishments must provide the division with proof of employee training upon request, including, but not limited to, at the time of any division inspection of the establishment. Pro

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3 Food Service Inspections for July 1, 2006 - June 30, 2007
Inspection For: RUSTY'S SEAFOOD & OYSTER BAR
License Number: 1504257
Inspection Date: Friday, June 01, 2007
Inspection Number: 1535588
Visit Number: 1
Inspection Class: Food
Inspection Type: Complaint Full
Inspection Disposition: Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.
Number of Critical/Risk Violations: 8
Number of Noncritical Violations: 5
Total Number of Violations: 13
Details
1 critical violation of code 05 which requires:
  • “Thermometers provided and conspicuously placed.”
1 risk violation of code 12 which requires:
  • “12a - Hands washed and clean, good hygienic practices (observed), alternative operating plan.”
  • “12b - Proper hygienic practices, eating/drinking/smoking (evidence.)”
1 violation of code 14 which requires:
  • “Food contact surfaces designed, constructed, maintained, installed, located”
1 violation of code 15 which requires:
  • “Non-food contact surfaces designed, constructed, maintained, installed, located”
2 violations of code 22 which requires:
  • “Food contact surfaces clean and sanitized.”
1 violation of code 23 which requires:
  • “Non-food contact surfaces clean.”
1 violation of code 29 which requires:
  • “Plumbing installed and maintained”
1 risk violation of code 32 which requires:
  • “Restrooms with self-closing doors, fixtures operate properly, facility clean, supplied with hand soap, disposable towels or hand drying devices, tissue, covered waste receptacles.”
1 critical violation of code 35 which requires:
  • “35a - Presence of insects/rodents. Animals prohibited.”
  • “35b - Outer openings protected from insects, rodent proof.”
1 critical violation of code 47 which requires:
  • “Electrical wiring - adequate, good repair (For Reporting Purposes Only)”
1 violation of code 51 which requires:
  • “Other conditions sanitary and safe operation”
1 risk violation of code 53 which requires:
  • “53a - Food management certification valid.”
  • “53b - Employee training verification.”

Inspection For: RUSTY'S SEAFOOD & OYSTER BAR
License Number: 1504257
Inspection Date: Monday, March 12, 2007
Inspection Number: 1462225
Visit Number: 1
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.
Number of Critical/Risk Violations: 11
Number of Noncritical Violations: 8
Total Number of Violations: 19
Details
1 risk violation of code 02 which requires:
  • “02 - Original container; properly labeled, date marking, shell stock tags.”
  • “02-11 - Consumer advisory on raw/undercooked oysters.”
  • “02-13 - Consumer advisory on raw/undercooked animal products.”
1 risk violation of code 08 which requires:
  • “08a - Food protection during storage, preparation, display, service, transportation.”
  • “08b - Cross-contamination, equipment, personnel, storage.”
  • “08c - Potential for cross-contamination, storage practices; damaged food segregated.”
2 risk violations of code 12 which requires:
  • “12a - Hands washed and clean, good hygienic practices (observed), alternative operating plan.”
  • “12b - Proper hygienic practices, eating/drinking/smoking (evidence.)”
1 violation of code 15 which requires:
  • “Non-food contact surfaces designed, constructed, maintained, installed, located”
1 critical violation of code 20 which requires:
  • “20a - Sanitizing concentration.”
  • “20b - Sanitizing temperature.”
1 violation of code 22 which requires:
  • “Food contact surfaces clean and sanitized.”
1 violation of code 23 which requires:
  • “Non-food contact surfaces clean.”
1 violation of code 24 which requires:
  • “Storage/handling of clean equipment, utensils”
2 violations of code 26 which requires:
  • “Single service articles not re-used.”
1 critical violation of code 28 which requires:
  • “Sewage and wastewater disposed properly.”
1 violation of code 37 which requires:
  • “Walls, ceilings, and attached equipment, constructed, clean”
1 violation of code 40 which requires:
  • “Employee lockers provided and used, clean”
1 violation of code 42 which requires:
  • “Premises maintained, free of litter, unnecessary articles. Cleaning and maintenance equipment properly stored. Kitchen restricted to authorized personnel”
1 critical violation of code 45 which requires:
  • “Fire extinguishers - proper and sufficient (For Reporting Purposes Only)”
1 critical violation of code 47 which requires:
  • “Electrical wiring - adequate, good repair (For Reporting Purposes Only)”
1 critical violation of code 49 which requires:
  • “Flammable/combustible materials - properly stored (For Reporting Purposes Only)”
1 risk violation of code 53 which requires:
  • “53a - Food management certification valid.”
  • “53b - Employee training verification.”

Inspection For: RUSTY'S SEAFOOD & OYSTER BAR
License Number: 1504257
Inspection Date: Monday, October 30, 2006
Inspection Number: 1462228
Visit Number: 1
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.
Number of Critical/Risk Violations: 8
Number of Noncritical Violations: 11
Total Number of Violations: 19
Details
1 risk violation of code 02 which requires:
  • “02 - Original container; properly labeled, date marking, shell stock tags.”
  • “02-11 - Consumer advisory on raw/undercooked oysters.”
  • “02-13 - Consumer advisory on raw/undercooked animal products.”
1 violation of code 14 which requires:
  • “Food contact surfaces designed, constructed, maintained, installed, located”
2 violations of code 15 which requires:
  • “Non-food contact surfaces designed, constructed, maintained, installed, located”
2 violations of code 22 which requires:
  • “Food contact surfaces clean and sanitized.”
1 violation of code 29 which requires:
  • “Plumbing installed and maintained”
3 risk violations of code 32 which requires:
  • “Restrooms with self-closing doors, fixtures operate properly, facility clean, supplied with hand soap, disposable towels or hand drying devices, tissue, covered waste receptacles.”
3 violations of code 36 which requires:
  • “Floors properly constructed, clean, drained, coved”
2 violations of code 37 which requires:
  • “Walls, ceilings, and attached equipment, constructed, clean”
2 violations of code 38 which requires:
  • “Lighting provided as required. Fixtures shielded”
1 critical violation of code 45 which requires:
  • “Fire extinguishers - proper and sufficient (For Reporting Purposes Only)”
1 critical violation of code 46 which requires:
  • “Exiting system - adequate, good repair (For Reporting Purposes Only)”

NoticeEach inspection report is a “snapshot” of conditions present at the time of the inspection. On any given day Rusty's Seafood & Oyster Bar, Cape Canaveral may have fewer or more violations than noted in their most recent inspection. An inspection conducted on any given day may not be representative of the overall, long-term conditions at Rusty's Seafood & Oyster Bar, Cape Canaveral.

A summary of violations found during inspections are listed in the Food Service Inspection boxes above. Cited are violations of Florida's sanitation and safety laws, which are based on the standards of U.S. Food and Drug Administration's Food Code.

In general, critical violations are those that, if not corrected, are more likely to contribute directly to food contamination, illness or environmental damage. Although the Department of Business and Professional Regulation (DBPR) use the industry-standard term "critical", varying degrees of severity and potential risk to the public require inspectors to assess each situation in determining the appropriate action. In addition, while Rusty's Seafood & Oyster Bar, Cape Canaveral may have multiple violations, the inspectors' training and judgment formulate the overall result of the inspection to ensure the public health and safety.

Noncritical violations do not directly relate to foodborne illness risk, but are preventive measures that include practices and procedures which effectively control environmental conditions. Left uncorrected, noncritical violations can undermine the overall food safety program of an establishment and lead to the development of critical violations.

While most establishments correct all violations in a timely manner (often during the inspection), the division's procedures are designed to compel compliance with all violations through follow-up visits, administration action or closure when necessary.

Violations listed refer to the revelant section of Florida regulation that has been observed to be deficient during the inspection. Each establishment must comply with the language of the inspection statement. For purposes of enforcement and compliance, the DBPR recognizes the status as printed on the inspection form, although the severity of the violation observed may warrant additional action regardless of its "critical/noncritical" designation.


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