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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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1 Food Service Inspection Since July 1, 2014
Inspection For: RUSTY'S SEAFOOD & OYSTER BAR
License Number: 1504257
License ID: 2135064
Inspection Visit ID: 5287824
Inspection Date: Friday, October 10, 2014
Inspection Number: 2399142
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.
Total Number of Violations: 17
Number of High Priority Violations: 2
Number of Intermediate Violations: 5
Number of Basic Violations: 10
Details
ViolationObservations of Inspector [as written on inspection]
36-03-4 Basic.Cove molding at floor/wall juncture broken/missing. Dish area
16-41-4 Basic.Damaged/inaccurate thermometer at three-compartment sink utilizing hot water sanitization.
36-24-4 Basic.Hole in wall. Dish area
38-01-4 Basic.Light shield damaged/in disrepair. By rear door
38-07-4 Basic.Lights in food preparation, food storage or warewashing area missing the proper shield, sleeve coatings or covers. Dry storage **. Repeat Violation**
16-46-4 Basic.Old labels stuck to food containers after cleaning.
35B-04-4 Basic.Outer openings of establishment cannot be properly sealed when not in operation. West door
36-25-4 Basic.Wall in disrepair. By handsink in server area
29-17-4 Basic.Waste line missing at soda gun holster. Inside bar
02D-01-4 Basic.Working containers of food removed from original container not identified by common name. Oil
08A-05-4 High Priority.Raw animal food stored over ready-to-eat food. Raw fish over butter **Corrected On-Site** **. Repeat Violation**
08B-01-4 High Priority.Self-service salad bar/buffet lacking adequate sneezeguards or other proper protection from contamination. Hot soup on buffett
02C-03-4 Intermediate.Commercially processed ready-to-eat, potentially hazardous (time/temperature control for safety) food opened and held more than 24 hours not properly date marked after opening. Oil **. Repeat Violation**
22-05-4 Intermediate.Cutting board(s) stained/soiled. By oyster cooler
14-28-4 Intermediate.Multiuse food-contact surface with welds/joints that are not smooth. Walk in wall peeling up **. Repeat Violation**
03F-10-4 Intermediate.No written procedures available for use of time as a public health control to hold potentially hazardous (time/temperature control for safety) food. Daily meat item on buffet. No meat on buffett during inspection
02A-01-4 Intermediate.Raw or undercooked oysters offered and establishment has no consumer advisory sign provided on wall, menu, placard, table tent or by any other written means. Raw animal foods must be fully cooked prior to service. Sign given

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4 Food Service Inspections for July 1, 2013 - June 30, 2014
Inspection For: RUSTY'S SEAFOOD & OYSTER BAR
License Number: 1504257
License ID: 2135064
Inspection Visit ID: 5214387
Inspection Date: Tuesday, May 27, 2014
Inspection Number: 2378910
Visit Number: 2
Inspection Class: Food
Inspection Type: Complaint Full
Inspection Disposition: Call Back - Complied - Return visit from a previous warning found violations to be corrected.
Total Number of Violations: 0
Number of High Priority Violations: 0
Number of Intermediate Violations: 0
Number of Basic Violations: 0

Inspection For: RUSTY'S SEAFOOD & OYSTER BAR
License Number: 1504257
License ID: 2135064
Inspection Visit ID: 5025249
Inspection Date: Tuesday, May 27, 2014
Inspection Number: 2332490
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.
Total Number of Violations: 11
Number of High Priority Violations: 1
Number of Intermediate Violations: 1
Number of Basic Violations: 9
Details
ViolationObservations of Inspector [as written on inspection]
23-06-4 Basic.Build-up of food debris, dust or dirt on nonfood-contact surface. Wall by breading station
36-44-4 Basic.Ceiling tiles and/or air conditioning vent covers had accumulation of mold-like substance. Rusty vent in dish area
12B-07-4 Basic.Employee beverage container on a food preparation table or over/next to clean equipment/utensils. **Corrected On-Site**
14-11-4 Basic.Equipment in poor repair. Rear door rusting by oyster area
36-73-4 Basic.Floor soiled/has accumulation of debris. Bar area
14-43-4 Basic.Gaskets/seals on holding unit in poor repair. Steamer
14-40-4 Basic.Nonfood-contact equipment in poor repair. Mmissing soda drain on line
29-08-4 Basic.Plumbing system in disrepair. Vent cap missing on plumbing
14-20-4 Basic.Ripped/worn tin foil used as food-contact shelf cover.
41-14-4 High Priority.Pesticide/insecticide stored with/above food, clean equipment and utensils, clean linens and/or single-service items. Inside **Corrected On-Site**
22-05-4 Intermediate.Cutting board(s) stained/soiled. Rear prep area

Inspection For: RUSTY'S SEAFOOD & OYSTER BAR
License Number: 1504257
License ID: 2135064
Inspection Visit ID: 5212202
Inspection Date: Thursday, March 27, 2014
Inspection Number: 2378910
Visit Number: 1
Inspection Class: Food
Inspection Type: Complaint Full
Inspection Disposition: Warning Issued - Sanitary and/or safety conditions require the inspector to return in the near future to ensure corrective action has been taken for violations found.
Total Number of Violations: 20
Number of High Priority Violations: 5
Number of Intermediate Violations: 3
Number of Basic Violations: 12
Details
ViolationObservations of Inspector [as written on inspection]
51-11-4 Basic.Carbon dioxide/helium tanks not adequately secured.
08B-45-4 Basic.Case/container/bag of food stored on floor in walk-in cooler/freezer. There is a box of crab on the floor.
36-36-4 Basic.Ceiling tile missing. Kitchen
40-07-4 Basic.Employee personal items stored with or above food, clean equipment and utensils, or single-service items. The employee jacket was on top of sugar bin **Corrected On-Site**
36-11-4 Basic.Floors not maintained smooth and durable. Walk in beer cooler
08B-38-4 Basic.Food stored on floor. Box of saltines, Ketchup bottles in a box, etc in dry storage
14-13-4 Basic.Food-contact surface not smooth and easily cleanable. The old labels are on clean lexan
38-01-4 Basic.Light shield damaged/in disrepair. Kitchen
02D-08-4 Basic.Spray bottle containing a food product not labeled. Water
14-11-4 Basic.There is a trashcan in use as a prep table **Corrected On-Site**
36-27-4 Basic.Wall soiled with accumulated food debris. By walk in fish cooler
02D-01-4 Basic.Working containers of food removed from original container not identified by common name. Salt in dry storage
35A-10-4 High Priority.Live, small flying insects in food storage area. 2
03A-02-4 High Priority.Potentially hazardous (time/temperature control for safety) food cold held at greater than 41 degrees Fahrenheit. Salad cooler, Bean salsa 47f, cheese 47fCorrective action taken to freezer
08A-01-4 High Priority.Raw animal food stored over cooked food. There was raw fish over cooked sausage
08A-10-4 High Priority.Raw animal food stored over ready-to-eat food in reach-in cooler. There is burger over crab **Corrected On-Site**
08A-05-4 High Priority.Raw animal food stored over ready-to-eat food. There were whole shell eggs over crabmeat **Corrected On-Site**
03D-21-4 Intermediate.Pans of cooling potentially hazardous (time/temperature control for safety) foods stacked on top of one another. The flounder was 66f. The cooler was 38f, corrective action taken, iced
03D-16-4 Intermediate.Potentially hazardous (time/temperature control for safety) food covered while cooling. The Alfredo 75f, Corrective action on site
53B-13-4 Intermediate.Proof of required state approved employee training not available for some employees. To order approved program food safety material, call DBPR's contracted provider: Florida Restaurant and Lodging Association (SafeStaff) 866-372-7233. New employees

Inspection For: RUSTY'S SEAFOOD & OYSTER BAR
License Number: 1504257
License ID: 2135064
Inspection Visit ID: 5135374
Inspection Date: Thursday, October 03, 2013
Inspection Number: 2370849
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.
Total Number of Violations: 13
Number of High Priority Violations: 3
Number of Intermediate Violations: 3
Number of Basic Violations: 7
Details
ViolationObservations of Inspector [as written on inspection]
16-46-4 Basic.4-603. 15(A) There are old labels stuck to clean containers
23-06-4 Basic.Build-up of food debris, dust or dirt on nonfood-contact surface. Fryer has grease buildup
40-07-4 Basic.Employee personal items stored with or above food, clean equipment and utensils, or single-service items. The bartenders purse is on the food shlf
35B-01-4 Basic.Exterior door has a gap at the threshold that opens to the outside.
36-73-4 Basic.Floor soiled/has accumulation of debris. Bar area inside
14-40-4 Basic.Nonfood-contact equipment in poor repair. Balast broken in several light fixtures
23-05-4 Basic.Soil residue build-up on nonfood-contact surface. Shelves are in need of painting
03A-02-4 High Priority.Potentially hazardous (time/temperature control for safety) food cold held at greater than 41 degrees Fahrenheit. Rice and cheese in large prep box 50f. Repairman on site. Items put in cooler at 10am. 4 hour stop sale on rice and cheese
03E-02-4 High Priority.Potentially hazardous (time/temperature control for safety) food reheated for hot holding not reaching 165 degrees Fahrenheit for 15 seconds within 2 hours. Soup 75f clam chowder
08A-05-4 High Priority.Raw animal food stored over ready-to-eat food. There is raw burgers over fries in upright freezer.
22-05-4 Intermediate.Cutting board(s) stained/soiled. Salad prp area
13-06-4 Intermediate.Employee with artificial nails/nail polish working with exposed food without wearing intact gloves. Nail polish is on bartender
03F-10-4 Intermediate.No written procedures available for use of time as a public health control to hold potentially hazardous (time/temperature control for safety) food. Form emailed

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4 Food Service Inspections for July 1, 2012 - June 30, 2013
Inspection For: RUSTY'S SEAFOOD & OYSTER BAR
License Number: 1504257
License ID: 2135064
Inspection Visit ID: 5135374
Inspection Date: Thursday, October 03, 2013
Inspection Number: 2370849
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.
Total Number of Violations: 13
Number of High Priority Violations: 3
Number of Intermediate Violations: 3
Number of Basic Violations: 7
Details
ViolationObservations of Inspector [as written on inspection]
16-46-4 Basic.4-603. 15(A) There are old labels stuck to clean containers
23-06-4 Basic.Build-up of food debris, dust or dirt on nonfood-contact surface. Fryer has grease buildup
40-07-4 Basic.Employee personal items stored with or above food, clean equipment and utensils, or single-service items. The bartenders purse is on the food shlf
35B-01-4 Basic.Exterior door has a gap at the threshold that opens to the outside.
36-73-4 Basic.Floor soiled/has accumulation of debris. Bar area inside
14-40-4 Basic.Nonfood-contact equipment in poor repair. Balast broken in several light fixtures
23-05-4 Basic.Soil residue build-up on nonfood-contact surface. Shelves are in need of painting
03A-02-4 High Priority.Potentially hazardous (time/temperature control for safety) food cold held at greater than 41 degrees Fahrenheit. Rice and cheese in large prep box 50f. Repairman on site. Items put in cooler at 10am. 4 hour stop sale on rice and cheese
03E-02-4 High Priority.Potentially hazardous (time/temperature control for safety) food reheated for hot holding not reaching 165 degrees Fahrenheit for 15 seconds within 2 hours. Soup 75f clam chowder
08A-05-4 High Priority.Raw animal food stored over ready-to-eat food. There is raw burgers over fries in upright freezer.
22-05-4 Intermediate.Cutting board(s) stained/soiled. Salad prp area
13-06-4 Intermediate.Employee with artificial nails/nail polish working with exposed food without wearing intact gloves. Nail polish is on bartender
03F-10-4 Intermediate.No written procedures available for use of time as a public health control to hold potentially hazardous (time/temperature control for safety) food. Form emailed

Inspection For: RUSTY'S SEAFOOD & OYSTER BAR
License Number: 1504257
License ID: 2135064
Inspection Visit ID: 4940052
Inspection Date: Tuesday, June 18, 2013
Inspection Number: 2277035
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.
Total Number of Violations: 14
Number of High Priority Violations: 4
Number of Intermediate Violations: 1
Number of Basic Violations: 9
Details
ViolationObservations of Inspector [as written on inspection]
23-06-4 Basic.Build-up of food debris, dust or dirt on nonfood-contact surface. Fan blade dusty in fish cooler and oyster cooler
21-22-4 Basic.Clean clothes/aprons not properly stored in clean dry place until used. Cloth in back pocket for grabbing pots. Corrected on site
21-32-4 Basic.Cloth used as a food-contact surface. Oil rag
13-07-4 Basic.Employee wearing jewelry other than a plain ring on their hands/arms while preparing food. The cook has a yellow armband on. Corrected on site
14-11-4 Basic.Equipment in poor repair. There is a missing cover on cold box on line
36-31-4 Basic.Hole in ceiling. There is a hole above salad crisper
16-38-4 Basic.Inaccurate/damaged temperature gauge(s) on dish machine. The rinse guage is broken on the dish unit.
23-05-4 Basic.Soil residue build-up on nonfood-contact surface. Outside of bulk ice bin is dirty
36-27-4 Basic.Walk in beer cooler has slight mold growth
08B-02-4 High Priority.Displayed food not properly protected from contamination. The beer bottle lids are covered with ice in bar
03A-02-4 High Priority.Potentially hazardous (time/temperature control for safety) food cold held at greater than 41 degrees Fahrenheit. There was home made tartar sauce at 48f. Discarded by operator.
08A-10-4 High Priority.Raw animal food stored over ready-to-eat food in reach-in cooler. There is raw clam strips over french fries in the walk in freezer. Corrected on site.
08B-01-4 High Priority.Self-service salad bar/buffet lacking adequate sneezeguards or other proper protection from contamination. The soup on the buffett has ineffective sneeze guard
41-17-4 Intermediate.Spray bottle containing toxic substance not labeled. The home depot bottle with cleaner in it

Inspection For: RUSTY'S SEAFOOD & OYSTER BAR
License Number: 1504257
License ID: 2135064
Inspection Visit ID: 4658584
Inspection Date: Monday, March 25, 2013
Inspection Number: 2186317
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.
Total Number of Violations: 12
Number of High Priority Violations: 1
Number of Intermediate Violations: 5
Number of Basic Violations: 6
Details
ViolationObservations of Inspector [as written on inspection]
03F-10-4 Intermediate.No written procedures available for use of time as a public health control to hold potentially hazardous (time/temperature control for safety) food. Emailed to rick
08A-05-4 High Priority.Raw animal food stored over ready-to-eat food. Raw clam stops over fries in freezer with working containrs
13-07-4 Basic.Employee wearing jewelry other than a plain ring on their hands/arms while preparing food. Server with bracelets
14-13-4 Basic.Food-contact surface not smooth and easily cleanable. Old labels on clean container
14-67-4 Basic.Reach-in cooler gasket torn/in disrepair. Server cooler
16-05-4 Basic.Sanitizing solution oppm. Cl. Corrected on site
16-35-4 Intermediate.No chlorine chemical test kit provided when using chlorine sanitizer at three-compartment sink/warewashing machine. Corrected on site
31A-11-4 Intermediate.Handwash sink used for purposes other than handwashing. Wine in handwash sink at ar
31B-02-4 Intermediate.No paper towels or mechanical hand drying device provided at handwash sink. Bar
31B-03-4 Intermediate.No soap provided at handwash sink. Bar
35B-01-4 Basic.Exterior door has a gap at the threshold that opens to the outside. By walk in
38-07-4 Basic.Light out on hood

Inspection For: RUSTY'S SEAFOOD & OYSTER BAR
License Number: 1504257
License ID: 2135064
Inspection Visit ID: 4658585
Inspection Date: Thursday, September 27, 2012
Inspection Number: 2186318
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.
Total Number of Violations: 13
Number of Critical/Risk Violations: 8
Number of Noncritical Violations: 5
Details
ViolationObservations of Inspector [as written on inspection]
01B-16-1 Critical.- Stop Sale issued on potentially hazardous food due to temperature abuse. Butter and rice
03A-07-1 Critical.- Observed potentially hazardous food cold held at greater than 41 degrees Fahrenheit. Butter mix and rice
04-01-1 Critical.- Cold holding equipment incapable of maintaining potentially hazardous food at proper temperatures. Prep box not working. Rice and butter discarded by manager. Box shall not be used until fixed
08A-05-1 Critical.- Fruits/vegetables not washed prior to preparation. Lemons
12B-07-1 Critical.- Observed an beverage container on a food preparation table or over/next to clean equipment/utensils. Prep Corrected On Site.
22-21-1 Critical.- Observed soil buildup inside ice bin.
22-27-1 Critical.- Observed food-contact surfaces encrusted with grease and/or soil deposits. Walk in racks
23-06-1 Observed build-up of food debris, dust or dirt on nonfood-contact surface. Walk in fan
23-06-1 Observed build-up of food debris, dust or dirt on nonfood-contact surface. Storage shelves in dry storage
24-08-1 Equipment and utensils not properly air-dried. Ice tea containers on floor
32-15-1 Critical.- No handwashing sign provided at a handsink used by food employees. Rear prep
51-11-1 Carbon dioxide/helium tanks not adequately secured. Corrected On Site.
51-11-1 Carbon dioxide/helium tanks not adequately secured. Bar

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2 Food Service Inspections for July 1, 2011 - June 30, 2012
Inspection For: RUSTY'S SEAFOOD & OYSTER BAR
License Number: 1504257
License ID: 2135064
Inspection Visit ID: 4316933
Inspection Date: Tuesday, April 03, 2012
Inspection Number: 2077355
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.
Total Number of Violations: 21
Number of Critical/Risk Violations: 14
Number of Noncritical Violations: 7
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
06-01-1 Critical. Observed potentially hazardous food thawed in an improper manner. Fish in cryo bags have no air
08A-20-1 Critical. Displayed food not properly protected from contamination. A htrays by food items condiments Corrected On Site.
08A-26-1 Critical. Observed raw animal food stored over ready-to-eat food. Raw beef over rte oysters Corrected On Site.
08A-26-1 Critical. Observed raw animal food stored over ready-to-eat food. Observed chicken stored over rte tomatos in walk in freezer
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. 20z souflee in salt Corrected On Site.
15-31-1 Observed nonfood-contact equipment in poor repair. Grill missing knobs
21-10-1 Clean wiping cloth not properly stored. On apron
22-20-1 Critical. Observed buildup of slime in the interior of ice machine. Front line
22-21-1 Critical. Observed soil buildup inside ice bin. Outside riof ice bin Corrected On Site.
22-27-1 Critical. Observed food-contact surfaces encrusted with grease and/or soil deposits. Fan in walk in cooler main walk in
22-27-1 Critical. Observed food-contact surfaces encrusted with grease and/or soil deposits. Deep cuts in cutting boards
24-07-1 Cleaned and sanitized equipment, utensils, linens or single-service not properly stored. Ice tea bins on floor in dry storage
35A-07-1 Critical. Observed small flying insects in bar area. 1 live fruit fly
35B-05-1 Critical. Outer openings not protected and vermin and/or environmental cross-contamination present.
36-15-1 Observed food debris accumulated on kitchen floor. Dry storage
37-05-1 Observed wall soiled with accumulated food debris on back prep wall
41A-08-1 Critical. Observed toxic item stored by utensils. Bleach by shaker cups Corrected On Site.
41B-03-1 Critical. Observed unlabeled spray bottle. Chlorine Corrected On Site.
51-11-1 Carbon dioxide/helium tanks not adequately secured. Dry storage area 2vtanks are not secure
51-11-1 Carbon dioxide/helium tanks not adequately secured. C02 tank by rear door

Inspection For: RUSTY'S SEAFOOD & OYSTER BAR
License Number: 1504257
License ID: 2135064
Inspection Visit ID: 4316934
Inspection Date: Friday, September 02, 2011
Inspection Number: 2077356
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.
Total Number of Violations: 8
Number of Critical/Risk Violations: 7
Number of Noncritical Violations: 1
Details
ViolationObservations of Inspector [as written on inspection]
03A-07-1 Critical. Observed potentially hazardous food cold held at greater than 41 degrees Fahrenheit. Cooked rice cold holding in ups cooler overnight. Stop saled.
03D-01-1 Critical. Observed food being cooled by nonapproved method. Cooked roastedmeats wrapped tightly when cooling in walk-in cooler. Corrected On Site.
03D-05-1 Critical. Cooked potentially hazardous food not cooled from 135 degrees Fahrenheit to 41 degrees Fahrenheit within 6 hours. Cooked pork roast cooled overnight in walk-in cooler noted 47 DEGREES FARENHEIT. STOP SALE.
04-01-1 Critical. Cold holding equipment incapable of maintaining potentially hazardous food at proper temperatures. UPS cooler not maintaining PHF at 41 DEGREES F.
08A-26-1 Critical. Observed raw animal,beef patties ,food stored over ready-to-eat food in upright refrigerator. Corrected On Site.
14-37-1 Observed all cutting boards grooved/pitted and no longer cleanable in kitchen areas.
22-20-1 Critical. Observed buildup of slime in the interior of both ice machines.
32-15-1 Critical. No handwashing signs provided at a handsink used by food employees in kitchen and bars.

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2 Food Service Inspections for July 1, 2010 - June 30, 2011
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.
Total Number of Violations: 10
Number of Critical/Risk Violations: 4
Number of Noncritical Violations: 6
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.
Total Number of Violations: 20
Number of Critical/Risk Violations: 12
Number of Noncritical Violations: 8
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.
Total Number of Violations: 13
Number of Critical/Risk Violations: 6
Number of Noncritical Violations: 7
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.
Total Number of Violations: 17
Number of Critical/Risk Violations: 16
Number of Noncritical Violations: 1
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.
Total Number of Violations: 16
Number of Critical/Risk Violations: 6
Number of Noncritical Violations: 10
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.
Total Number of Violations: 13
Number of Critical/Risk Violations: 10
Number of Noncritical Violations: 3
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.
Total Number of Violations: 21
Number of Critical/Risk Violations: 11
Number of Noncritical Violations: 10
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.
Total Number of Violations: 13
Number of Critical/Risk Violations: 8
Number of Noncritical Violations: 5
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.
Total Number of Violations: 19
Number of Critical/Risk Violations: 11
Number of Noncritical Violations: 8
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.
Total Number of Violations: 19
Number of Critical/Risk Violations: 8
Number of Noncritical Violations: 11
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 restaurant inspection report is a “snapshot” of conditions present at the time of the inspection. On any given day Rusty's Seafood & Oyster Bar in Cape Canaveral Florida may have fewer or more violations than noted in their most recent restaurant inspection. An inspection conducted on any given day may not be representative of the overall, long-term conditions at Cape Canaveral's Rusty's Seafood & Oyster Bar.

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.

Effective January 1, 2013, the Florida Division of Hotels and Restaurants adopted a new three-tiered violation classification system that replaces the "critical" or "non-critical" classification in use up until then. The new system uses the terms "High Priority," "Intermediate" and "Basic" which better define violation information for consumers, making it easier to understand.

In general, High Priority violations are those which could contribute directly to a foodborne illness or injury. Although the Department of Business and Professional Regulation (DBPR) uses the term "High Priority", 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 may have multiple violations, the inspectors' training and judgment formulate the overall result of the inspection to ensure public health and safety.

Intermediate violations are those which, if not addressed, could lead to risk factors that contribute to foodborne illness or injury. Basic violations are those which are considered best practices to implement.

Formally, Critical violations were those that, if not corrected, were more likely to contribute directly to food contamination, illness or environmental damage. Noncritical violations did not directly relate to foodborne illness risk, but were preventive measures that included practices and procedures which effectively controled environmental conditions. Left uncorrected, noncritical violations could 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 "High Priority/Intermediate/Basic" or "critical/noncritical" designation.


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