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Wendy's #1737

Wendy's #1737
10 W Merritt Island Cswy
Merritt Island, FL 32952
(321)453-3252

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No (0) Emergency Closure Orders Since October 2008
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1 Disciplinary Activity Orders Since January 2007

NoticeThe Division of Hotels and Restaurants conducts regular inspections of public food service establishments to assure compliance with state sanitation and safety laws.

Wendy's #1737 either allowed conditions to exist that pose an immediate threat to the public's health and safety or repeatedly did not correct non-critical violations noted during routine and call-back inspections, despite being given oral and written warnings and ample time to do so.

Each of the listed cases involves either a signed stipulation (“settlement”) between the Department of Business and Professional Regulation (DBPR) and Wendy's #1737 or a Final Order issued after a formal administrative hearing has been conducted. Section 509.261, Florida Statutes, authorizes the Division of Hotels and Restaurants to fine, suspend or revoke the license of establishments that do not comply with state health and safety laws.


Case Number: 4--2010019696 - On May 27, 2010 Wendy's #1737, Merritt Island was ordered to pay $250 for violations observed during its March 25, 2010 inspection.

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No (0) Food Misrepresentation Cases Since March 2006
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3 Food Service Inspections Since July 1, 2011
Inspection For: WENDY'S #1737
License Number: 1503781
License ID: 3985351
Inspection Visit ID: 4578797
Inspection Date: Tuesday, April 10, 2012
Inspection Number: 2116714
Visit Number: 2
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Call Back - Admin. complaint recommended
Number of Critical/Risk Violations: 2
Number of Noncritical Violations: 1
Total Number of Violations: 3
Details
ViolationObservations of Inspector [as written on inspection]
01B-16-1 Critical. Violation: 01B-16-1Stop Sale issued on potentially hazardous food due to temperature abuse (see Stop Sale Notice).
03D-05-1 Critical. Violation: 03D-05-1Cooked potentially hazardous food not cooled from 135 degrees Fahrenheit to 41 degrees Fahrenheit within 6 hours. Cooked chili 47F to71F cooling over night in the walkin cooler. This violation must be corrected by : 04/10/12. Found chili cooling over night at 52F
14-33-1 Violation: 14-33-1Observed nozzle on lemonade nozzle broken. Broken

Inspection For: WENDY'S #1737
License Number: 1503781
License ID: 3985351
Inspection Visit ID: 4372638
Inspection Date: Monday, April 09, 2012
Inspection Number: 2116714
Visit Number: 1
Inspection Class: Food
Inspection Type: Routine - Food
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.
Number of Critical/Risk Violations: 10
Number of Noncritical Violations: 1
Total Number of Violations: 11
Details
ViolationObservations of Inspector [as written on inspection]
01B-16-1 Critical. Stop Sale issued on potentially hazardous food due to temperature abuse (see Stop Sale Notice).
03B-03-1 Critical. Potentially hazardous food not held at 135 degrees Fahrenheit or above. Portabella mushroom sauce found at 108F recommend to reheat to 165F. Corrected On Site. Microwave for 10 minutes 167F
03D-05-1 Critical. Cooked potentially hazardous food not cooled from 135 degrees Fahrenheit to 41 degrees Fahrenheit within 6 hours. Cooked chili 47F to71F cooling over night in the walkin cooler. This violation must be corrected by : 04/10/12.
14-33-1 Observed nozzle on lemonade nozzle broken.
16-16-1 Critical. Observed equipment and utensils not rinsed between washing and sanitizing. Corrected On Site.
22-20-1 Critical. Observed moderate buildup of slime in the interior of ice machine. Interior door
22-21-1 Critical. Observed moderate soil buildup inside ice bin.
22-24-1 Critical. Observed moderate buildup of slime on soda dispensing nozzles.
22-28-1 Critical. Observed interior of front line reach-in coolers heavily soiled with accumulation of food residue.
32-16-1 Critical. Hand wash sink lacking proper hand drying provisions. Front line. Corrected On Site.
41A-10-1 Critical. Observed toxic item improperly stored. Corrected On Site.

Inspection For: WENDY'S #1737
License Number: 1503781
License ID: 3985351
Inspection Visit ID: 4372639
Inspection Date: Thursday, December 08, 2011
Inspection Number: 2116715
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: 5
Number of Noncritical Violations: 3
Total Number of Violations: 8
Details
ViolationObservations of Inspector [as written on inspection]
03C-10-1 Critical. Reheated food for hot holding not reaching 165 degrees Fahrenheit for 15 seconds within 2 hours. Found chilli reheating since 7 30am and checked at 8:40 am temperature it was 62F. Recommend rapidly to reheat. Rechecked chilli at 9 15am that at was reheating since 7 30 am found at 156F. Corrected On Site.
15-31-1 Observed shelves above 3 bay sink are chipping and rusted
22-21-1 Critical. Observed moderate soil buildup inside ice bin. Drive thru
22-24-1 Critical. Observed heavy buildup of slime on soda dispensing nozzles. Corrected On Site. Manager cleaned
23-07-1 Observed gaskets with heavy mold-like build-up. Front line RIC'S
31-09-1 Critical. Handwash sink not accessible for employee use at all times. Corrected On Site.
32-22-1 Critical. Observed objectionable odors in both women's and men's bathroom.
51-18-1 No copy of latest inspection report.

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4 Food Service Inspections for July 1, 2010 - June 30, 2011
Inspection For: WENDY'S #1737
License Number: 1503781
License ID: 3985351
Inspection Visit ID: 4260515
Inspection Date: Friday, June 03, 2011
Inspection Number: 2050252
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: 2
Number of Noncritical Violations: 2
Total Number of Violations: 4
Details
ViolationObservations of Inspector [as written on inspection]
37-03-1 Observed wall in disrepair by prep sink.
37-18-1 Observed dusty ceiling air conditioning vent covers by prep sink.
41A-09-1 Critical. Observed toxic item stored in food preparation area. Container of quaternary ammonia sanitizier stored by hamburger meat well cooler. Corrected On Site.
50-09-1 Critical. Current Hotel and Restaurant license not properly displayed. Manager could only find expired license. STATE LICENSE IS CURRENT PER ORLANDO DISTRICT OFFICE IN LICENSEEZ IN TALLAHASSEE SYSTEM. CONTACT NUMBER 850-487-1395,IF ANOTHER COPY OF LICENSE IS NEEDED.

Inspection For: WENDY'S #1737
License Number: 1503781
License ID: 3985351
Inspection Visit ID: 3959570
Inspection Date: Monday, January 10, 2011
Inspection Number: 1960030
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: 2
Total Number of Violations: 8
Details
ViolationObservations of Inspector [as written on inspection]
03B-03-1 Critical. Potentially hazardous food not held at 135 degrees Fahrenheit or above. Grill chicken 108 DF and fried Chicken 122 DF hot holding in hot draw at sandwich station drive thru. Corrected On Site. Manager discarded all product and using other side hot drawers at grill line.
03D-05-1 Critical. Cooked potentially hazardous food not cooled from 135 degrees Fahrenheit to 41 degrees Fahrenheit within 6 hours. Chili made last night and placed in walk in cooler at 2 AM,noted at 44-45 degrees F. Corrected On Site. Chili reheated to 165 degrees F then recooled.
14-33-1 Observed equipment in poor repair;observed hole in stainless steel draw for grilled chicken breast in MPH unit at drive thru.
14-36-1 Observed gaskets/seals on front sandwich cold holding left side door/ unit in poor repair.
20A-08-1 Critical. Quaternary ammonium sanitizer not at proper minimum strength for manual warewashing;noted less than 100 ppm. Corrected On Site.
22-21-1 Critical. Observed soil buildup inside rear wall in ice bin at drive thru.
41A-02-1 Critical. Observed toxic item stored by food. Spray bottle of cleaner stored by microwave oven and flat bread in wrapper. Corrected On Site.
53A-08-1 Critical. No list of certified food service managers available at the establishment.

Inspection For: WENDY'S #1737
License Number: 1503781
License ID: 3985351
Inspection Visit ID: 3959571
Inspection Date: Friday, July 23, 2010
Inspection Number: 1960031
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: 1
Number of Noncritical Violations: 1
Total Number of Violations: 2
Details
ViolationObservations of Inspector [as written on inspection]
03C-09-1 Critical. Reheated food for hot holding not reaching 165 degrees Fahrenheit within 2 hours. Chili reheated from cooked chilled beef patties on stove did not reach 165 DF before placing in steam table. Chili noted 134 DF. Corrected On Site. MANAGER REMOVED AND REHEATED TO 165 DF.
36-08-1 Observed floor and wall junctures coving tile in disrepair in establishment including kitchen,restrooms and hallway leading to restrooms.

Inspection For: WENDY'S #1737
License Number: 1503781
License ID: 3985351
Inspection Visit ID: 4080573
Inspection Date: Friday, July 23, 2010
Inspection Number: 1928504
Visit Number: 2
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Admin. Complaint Callback Complied - Return visit resulting from an administrative complaint found violations to be corrected.
Number of Critical/Risk Violations: 0
Number of Noncritical Violations: 0
Total Number of Violations: 0

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2 Food Service Inspections for July 1, 2009 - June 30, 2010
Inspection For: WENDY'S #1737
License Number: 1503781
License ID: 3985351
Inspection Visit ID: 3868483
Inspection Date: Thursday, March 25, 2010
Inspection Number: 1928504
Visit Number: 1
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Administrative complaint recommended - Existence of critical violations found in an initial inspection require administrative action to ensure compliance.
Number of Critical/Risk Violations: 3
Number of Noncritical Violations: 2
Total Number of Violations: 5
Details
ViolationObservations of Inspector [as written on inspection]
03B-03-1 Critical. Potentially hazardous food not held at 135 degrees Fahrenheit or above. Cooked onions found hot holding for three hours at drive thru station at 119 degrees Farenheit. Corrected On Site.
08A-24-1 Critical. Observed raw animal foods not properly separated from each other in holding unit/during preparation. Raw open pakage of fish fillets storedbelow open packages of raw breaded chicken in upright freezer. Corrected On Site.
21-11-1 Wiping cloth quaternary sanitizing solution not at proper minimum strength for wiping towels. Corrected On Site.
27-16-1 Critical. Hot water not provided/shut off at employee hand wash sink. No hot water found at handwash sink,noted 68 degrees Farenheit that is adjacent to cooking area in hamburger bun/microwave oven room. Repeat Violation from 9/30/2009. Also hot water noted at 92 degrees Farenheit at handsinks in rear kitchen and restrooms.
29-08-1 Plumbing system in disrepair. Hand sink waste water slowly drains,in microwave oven/hamburger bun room.

Inspection For: WENDY'S #1737
License Number: 1503781
License ID: 3985351
Inspection Visit ID: 3623724
Inspection Date: Wednesday, September 30, 2009
Inspection Number: 1849251
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: 2
Number of Noncritical Violations: 1
Total Number of Violations: 3
Details
ViolationObservations of Inspector [as written on inspection]
03B-03-1 Critical. Potentially hazardous food not held at 135 degrees Fahrenheit or above. Cheese sauce noted 109 degrees Farenheit at grill. Corrected On Site.
15-31-1 Observed nonfood-contact equipment in poor repair. Missing electric stove control knobs on chili stove.
27-16-1 Critical. Hot water at minimum 100 degrees Farenheit not provided toemployee hand wash sink in bun room and restroom sinks.

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1 Food Service Inspection for July 1, 2008 - June 30, 2009
Inspection For: WENDY'S #1737
License Number: 1503781
License ID: 3985351
Inspection Visit ID: 3521114
Inspection Date: Monday, March 09, 2009
Inspection Number: 1815250
Visit Number: 1
Inspection Class: Food
Inspection Type: Food-Licensing Inspection
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: 1
Number of Noncritical Violations: 4
Total Number of Violations: 5
Details
ViolationObservations of Inspector [as written on inspection]
08A-28-1 Critical. Observed food stored on walkin freezer floor. Corrected On Site.
14-33-1 Observed equipment in poor repair. Swing door is broken from hinges on ice machine.
15-31-1 Observed nonfood-contact equipment in poor repair. Observed missing gas stove gas control nobs on cooking equipment.
29-08-1 Plumbing system in disrepair. Observed very slow draining handsink in bun room.
36-15-1 Observed ice build up accumulated on walkin freezer floor.

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No (0) Food Service Inspections for July 1, 2007 - June 30, 2008
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No (0) Food Service Inspections for July 1, 2006 - June 30, 2007

NoticeEach inspection report is a “snapshot” of conditions present at the time of the inspection. On any given day Wendy's #1737, Merritt Island 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 Wendy's #1737, Merritt Island.

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 Wendy's #1737, Merritt Island 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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