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Cold Stone Creamery #1861

Cold Stone Creamery #1861
777 E Merritt Island Cswy
Merritt Square Mall
Merritt Island, FL 32952
(321)452-3499

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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.

Cold Stone Creamery #1861 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 Cold Stone Creamery #1861 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--2010037129 - On March 21, 2011 Cold Stone Creamery #1861, Merritt Island was ordered to pay $100 for violations observed during its June 29, 2010 inspection.

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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: COLD STONE CREAMERY
License Number: 1505826
License ID: 5352560
Inspection Visit ID: 5326270
Inspection Date: Wednesday, August 27, 2014
Inspection Number: 2423497
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: 7
Number of High Priority Violations: 1
Number of Intermediate Violations: 2
Number of Basic Violations: 4
Details
ViolationObservations of Inspector [as written on inspection]
08B-45-4 Basic.Case/container/bag of food stored on floor in walk-in cooler/freezer.
13-07-4 Basic.Employee wearing jewelry other than a plain ring on their hands/arms while preparing food. Watch. **Corrected On-Site**
36-41-4 Basic.Fan cover in walk-in cooler has mild accumulation of dust/debris.
05-09-4 Basic.No conspicuously located ambient air temperature thermometer in holding unit. Front counter reach in **Corrected On-Site**
29-35-4 High Priority.No vacuum breaker on fitting/splitter added to hose bibb.
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. Milk in walk in cooler.
13-06-4 Intermediate.Employee with artificial nails/nail polish working with exposed food without wearing intact gloves.

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4 Food Service Inspections for July 1, 2013 - June 30, 2014
Inspection For: COLD STONE CREAMERY
License Number: 1505826
License ID: 5352560
Inspection Visit ID: 5257585
Inspection Date: Wednesday, June 11, 2014
Inspection Number: 2386897
Visit Number: 1
Inspection Class: Food
Inspection Type: Complaint Partial
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: 0
Number of High Priority Violations: 0
Number of Intermediate Violations: 0
Number of Basic Violations: 0

Inspection For: COLD STONE CREAMERY
License Number: 1505826
License ID: 5352560
Inspection Visit ID: 5219995
Inspection Date: Wednesday, April 09, 2014
Inspection Number: 2379690
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: 3
Number of High Priority Violations: 2
Number of Intermediate Violations: 0
Number of Basic Violations: 1
Details
ViolationObservations of Inspector [as written on inspection]
24-28-4 Basic.Clean equipment/dishware/utensils stored below soap or paper towel dispenser exposing the items to drips from people's hands. Blender pitchers at front counter. **Corrected On-Site**
29-43-4 High Priority.No vacuum breaker on fitting/splitter added to mop sink faucet.
02C-01-4 High Priority.Ready-to-eat, potentially hazardous (time/temperature control for safety) food marked with a date that exceeds 7 days after opening/preparation. Milk dated 18th.

Inspection For: COLD STONE CREAMERY
License Number: 1505826
License ID: 5352560
Inspection Visit ID: 5037899
Inspection Date: Monday, December 16, 2013
Inspection Number: 2341407
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: 0
Number of High Priority Violations: 0
Number of Intermediate Violations: 0
Number of Basic Violations: 0

Inspection For: COLD STONE CREAMERY
License Number: 1505826
License ID: 5352560
Inspection Visit ID: 5037898
Inspection Date: Thursday, August 08, 2013
Inspection Number: 2341406
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: 2
Number of High Priority Violations: 0
Number of Intermediate Violations: 1
Number of Basic Violations: 1
Details
ViolationObservations of Inspector [as written on inspection]
36-24-4 Basic.Hole in wall. Above 3 bin sink
53B-02-4 Intermediate.No proof of required state approved employee training provided for employee hired more than 60 days ago. To order approved program food safety material, call DBPR's contracted provider: Florida Restaurant and Lodging Association (SafeStaff) 866-372-7233.

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4 Food Service Inspections for July 1, 2012 - June 30, 2013
Inspection For: COLD STONE CREAMERY
License Number: 1505826
License ID: 5352560
Inspection Visit ID: 5037898
Inspection Date: Thursday, August 08, 2013
Inspection Number: 2341406
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: 2
Number of High Priority Violations: 0
Number of Intermediate Violations: 1
Number of Basic Violations: 1
Details
ViolationObservations of Inspector [as written on inspection]
36-24-4 Basic.Hole in wall. Above 3 bin sink
53B-02-4 Intermediate.No proof of required state approved employee training provided for employee hired more than 60 days ago. To order approved program food safety material, call DBPR's contracted provider: Florida Restaurant and Lodging Association (SafeStaff) 866-372-7233.

Inspection For: COLD STONE CREAMERY
License Number: 1505826
License ID: 5352560
Inspection Visit ID: 4938172
Inspection Date: Tuesday, June 25, 2013
Inspection Number: 2276523
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: 0
Number of High Priority Violations: 0
Number of Intermediate Violations: 0
Number of Basic Violations: 0

Inspection For: COLD STONE CREAMERY
License Number: 1505826
License ID: 5352560
Inspection Visit ID: 4899152
Inspection Date: Thursday, April 25, 2013
Inspection Number: 2266423
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: 0
Number of High Priority Violations: 0
Number of Intermediate Violations: 0
Number of Basic Violations: 0

Inspection For: COLD STONE CREAMERY
License Number: 1505826
License ID: 5352560
Inspection Visit ID: 4748308
Inspection Date: Friday, January 04, 2013
Inspection Number: 2250636
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: 2
Number of High Priority Violations: 0
Number of Intermediate Violations: 0
Number of Basic Violations: 2
Details
ViolationObservations of Inspector [as written on inspection]
13-03-4 Basic.Employee with no hair restraint while engaging in food preparation. Watch **. Repeat Violation**
13-07-4 Basic.Employee wearing jewelry other than a plain ring on their hands/arms while preparing food. Watch

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2 Food Service Inspections for July 1, 2011 - June 30, 2012
Inspection For: COLD STONE CREAMERY #1861
License Number: 1505826
License ID: 3069964
Inspection Visit ID: 4344851
Inspection Date: Tuesday, January 24, 2012
Inspection Number: 2095930
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: 0
Number of Critical/Risk Violations: 0
Number of Noncritical Violations: 0

Inspection For: COLD STONE CREAMERY #1861
License Number: 1505826
License ID: 3069964
Inspection Visit ID: 4344852
Inspection Date: Wednesday, July 27, 2011
Inspection Number: 2095931
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: 0
Number of Critical/Risk Violations: 0
Number of Noncritical Violations: 0

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3 Food Service Inspections for July 1, 2010 - June 30, 2011
Inspection For: COLD STONE CREAMERY #1861
License Number: 1505826
License ID: 3069964
Inspection Visit ID: 4225525
Inspection Date: Thursday, April 14, 2011
Inspection Number: 2042272
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: 2
Number of Critical/Risk Violations: 2
Number of Noncritical Violations: 0
Details
ViolationObservations of Inspector [as written on inspection]
35A-07-1 Critical. Observed small flying insects in front ice cream serving area coming from floor drains. NOTE:DISCUSSED POSSIBLE HELPFUL MEASURES ON CONTROLING FRUIT FLIES THAT COMING FROM FLOOR DRAINS.
50-06-1 Critical. License expired within 30 days after expiration date. NOTE:OPERATOR STATED NEWAL FEE OF $312. 00 WAS MAILED 4/12/11.

Inspection For: COLD STONE CREAMERY #1861
License Number: 1505826
License ID: 3069964
Inspection Visit ID: 4019011
Inspection Date: Wednesday, February 02, 2011
Inspection Number: 2001333
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: 1
Number of Critical/Risk Violations: 0
Number of Noncritical Violations: 1
Details
ViolationObservations of Inspector [as written on inspection]
25-04-1 Observed single-service items stored on floor. Corrected On Site. Manager stored six inches off floor.

Inspection For: COLD STONE CREAMERY #1861
License Number: 1505826
License ID: 3069964
Inspection Visit ID: 4019012
Inspection Date: Tuesday, August 31, 2010
Inspection Number: 2001334
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: 3
Number of Critical/Risk Violations: 2
Number of Noncritical Violations: 1
Details
ViolationObservations of Inspector [as written on inspection]
02-07-1 Critical. Observed processed ready-to-eat, potentially hazardous food held more than 24 hours not properly date marked after opening for OJ. Corrected On Site.
24-07-1 Cleaned and sanitized equipment,bowls not properly stored/inverted. Corrected On Site.
28-02-1 Critical. Condensation or other drainage not disposed of according to law. Observed condensate leaking from condenser unit in walk in freezer and freezing about two inches thick in walk in freezer floor.

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3 Food Service Inspections for July 1, 2009 - June 30, 2010
Inspection For: COLD STONE CREAMERY #1861
License Number: 1505826
License ID: 3069964
Inspection Visit ID: 3931052
Inspection Date: Tuesday, June 29, 2010
Inspection Number: 1941864
Visit Number: 2
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Call Back - Admin. complaint recommended
Total Number of Violations: 0
Number of Critical/Risk Violations: 0
Number of Noncritical Violations: 0

Inspection For: COLD STONE CREAMERY #1861
License Number: 1505826
License ID: 3069964
Inspection Visit ID: 3931051
Inspection Date: Monday, April 26, 2010
Inspection Number: 1941864
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.
Total Number of Violations: 5
Number of Critical/Risk Violations: 3
Number of Noncritical Violations: 2
Details
ViolationObservations of Inspector [as written on inspection]
13 Clean clothes, hair restraints
41 Critical. Toxic items properly stored, labeled and used
51 Other conditions sanitary and safe operation
53a Critical. Food management certification valid
53b Critical. Employee training validation

Inspection For: COLD STONE CREAMERY #1861
License Number: 1505826
License ID: 3069964
Inspection Visit ID: 3682421
Inspection Date: Friday, October 16, 2009
Inspection Number: 1890074
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: 2
Number of Critical/Risk Violations: 1
Number of Noncritical Violations: 1
Details
ViolationObservations of Inspector [as written on inspection]
08A-28-1 Critical. Observed food [cakes in boxes] stored on floo in walkin freezer. Corrected On Site.
13-03-1 Observed male employee with no hair restraint scooping ice cream.

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3 Food Service Inspections for July 1, 2008 - June 30, 2009
Inspection For: COLD STONE CREAMERY #1861
License Number: 1505826
License ID: 3069964
Inspection Visit ID: 3557401
Inspection Date: Monday, May 04, 2009
Inspection Number: 1821063
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: 0
Number of Critical/Risk Violations: 0
Number of Noncritical Violations: 0

Inspection For: COLD STONE CREAMERY #1861
License Number: 1505826
License ID: 3069964
Inspection Visit ID: 3228023
Inspection Date: Wednesday, December 24, 2008
Inspection Number: 1698394
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: 1
Number of Critical/Risk Violations: 1
Number of Noncritical Violations: 0
Details
ViolationObservations of Inspector [as written on inspection]
41A-08-1 Critical. Observed toxic item [glass cleaner] stored above clean utensils and single service articles. Corrected On Site.

Inspection For: COLD STONE CREAMERY #1861
License Number: 1505826
License ID: 3069964
Inspection Visit ID: 3228024
Inspection Date: Thursday, July 03, 2008
Inspection Number: 1698395
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: 1
Number of Critical/Risk Violations: 1
Number of Noncritical Violations: 0
Details
ViolationObservations of Inspector [as written on inspection]
50-09-1 Critical. Current Hotel and Restaurant license not properly displayed;license displayed expired 4/1/08.

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3 Food Service Inspections for July 1, 2007 - June 30, 2008
Inspection For: COLD STONE CREAMERY #1861
License Number: 1505826
License ID: 3069964
Inspection Visit ID: 2848482
Inspection Date: Thursday, January 10, 2008
Inspection Number: 1541830
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: 4
Number of Critical/Risk Violations: 1
Number of Noncritical Violations: 3
Details
ViolationObservations of Inspector [as written on inspection]
13-03-1 Observed employee with no hair restraint setving/scooping ice cream.
21-16-1 Wiping cloth quaternary ammonium compound sanitizing solution not at proper minimum strength of 200 ppm. Corrected On Site.
25-05-1 Observed single-service articles improperly stored. Observed small sample spoons stored with eating surface up that allows food workers hands to touch spoons surface.
53A-20-1 Critical. New manager,CHRIS HARRIS lacking proof of Food Manager Certification ;transferred from another store. Provide proof by next unannounced inspection.

Inspection For: COLD STONE CREAMERY #1861
License Number: 1505826
License ID: 3069964
Inspection Visit ID: 2981112
Inspection Date: Wednesday, September 19, 2007
Inspection Number: 1541831
Visit Number: 2
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Call Back - Complied - Return visit from a previous warning found violations to be corrected.
Total Number of Violations: 0
Number of Critical/Risk Violations: 0
Number of Noncritical Violations: 0

Inspection For: COLD STONE CREAMERY #1861
License Number: 1505826
License ID: 3069964
Inspection Visit ID: 2848483
Inspection Date: Wednesday, July 18, 2007
Inspection Number: 1541831
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.
Total Number of Violations: 3
Number of Critical/Risk Violations: 1
Number of Noncritical Violations: 2
Details
ViolationObservations of Inspector [as written on inspection]
13-03-1 Observed employee with no hair restraint.
53B-07-1 Critical. Employee training provided by unapproved provider. Refer to www. Myflorida. Com/dbpr for more details. Note;]: left list of approved providers for training. This violation must be corrected by : 09/18/07.
56-01-1 Copy of Florida Statute 509 not available in the establishment. Www. Hospitalityeducation. Org

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3 Food Service Inspections for July 1, 2006 - June 30, 2007
Inspection For: COLD STONE CREAMERY #1861
License Number: 1505826
Inspection Date: Tuesday, March 20, 2007
Inspection Number: 1497717
Visit Number: 2
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Call Back - Complied - Return visit from a previous warning found violations to be corrected.
Total Number of Violations: 0
Number of Critical/Risk Violations: 0
Number of Noncritical Violations: 0

Inspection For: COLD STONE CREAMERY #1861
License Number: 1505826
Inspection Date: Friday, February 16, 2007
Inspection Number: 1497717
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.
Total Number of Violations: 2
Number of Critical/Risk Violations: 2
Number of Noncritical Violations: 0
Details
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 45 which requires:
  • “Fire extinguishers - proper and sufficient (For Reporting Purposes Only)”

Inspection For: COLD STONE CREAMERY #1861
License Number: 1505826
Inspection Date: Wednesday, July 26, 2006
Inspection Number: 1497718
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: 3
Number of Critical/Risk Violations: 0
Number of Noncritical Violations: 3
Details
1 violation of code 37 which requires:
  • “Walls, ceilings, and attached equipment, constructed, clean”
1 violation of code 56 which requires:
  • “Copy of Chapter 509, Florida Statutes, available (no longer used per Chapter 2008-55, Laws of Florida)”

NoticeEach restaurant inspection report is a “snapshot” of conditions present at the time of the inspection. On any given day Cold Stone Creamery #1861 in Merritt Island 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 Merritt Island's Cold Stone Creamery #1861.

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 Cold Stone Creamery #1861 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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