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Toppers Creamery

Toppers Creamery
1400 N Courtenay Pkwy
Merritt Island, FL 32953
(321)452-3003

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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: TOPPERS CREAMERY
License Number: 1506221
License ID: 5563534
Inspection Visit ID: 5329380
Inspection Date: Tuesday, July 08, 2014
Inspection Number: 2425634
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.
Total Number of Violations: 5
Number of High Priority Violations: 1
Number of Intermediate Violations: 1
Number of Basic Violations: 3
Details
ViolationObservations of Inspector [as written on inspection]
50-09-4 Basic.Current Hotel and Restaurant license not displayed. **Admin Complaint**
05-09-4 Basic.No conspicuously located ambient air temperature thermometer in holding unit. Roll top fridge
21-12-4 Basic.Wet wiping cloth not stored in sanitizing solution between uses. **Corrected On-Site**
50-12-4 High Priority - License is expired and is more than 60 after expiration date. **Admin Complaint**
22-22-4 Intermediate.Encrusted material on can opener blade. **Admin Complaint**

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3 Food Service Inspections for July 1, 2013 - June 30, 2014
Inspection For: TOPPERS CREAMERY
License Number: 1506221
License ID: 5563534
Inspection Visit ID: 5246499
Inspection Date: Tuesday, May 27, 2014
Inspection Number: 2383789
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 High Priority Violations: 1
Number of Intermediate Violations: 2
Number of Basic Violations: 1
Details
ViolationObservations of Inspector [as written on inspection]
50-09-4 Basic.Current Hotel and Restaurant license not displayed.
50-05-4 High Priority - License expired more than 30 days, but not more than 60 days, after expiration date. License fee was received late, late fee of $50 is due.
22-22-4 Intermediate.Encrusted material on can opener blade.
31B-05-4 Intermediate.Paper towel dispenser at handwash sink not working/unable to dispense paper towels. By Drive thru.

Inspection For: TOPPERS CREAMERY
License Number: 1506221
License ID: 5563534
Inspection Visit ID: 5054473
Inspection Date: Wednesday, February 12, 2014
Inspection Number: 2353131
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 High Priority Violations: 0
Number of Intermediate Violations: 0
Number of Basic Violations: 1
Details
ViolationObservations of Inspector [as written on inspection]
14-11-4 Basic.Equipment in poor repair. Top of drop in freezer rust pitted. **. Repeat Violation**

Inspection For: TOPPERS CREAMERY
License Number: 1506221
License ID: 5563534
Inspection Visit ID: 5054472
Inspection Date: Monday, August 12, 2013
Inspection Number: 2353130
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 High Priority Violations: 0
Number of Intermediate Violations: 0
Number of Basic Violations: 1
Details
ViolationObservations of Inspector [as written on inspection]
14-11-4 Basic.Lid onthe freezer is rusting

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4 Food Service Inspections for July 1, 2012 - June 30, 2013
Inspection For: TOPPERS CREAMERY
License Number: 1506221
License ID: 5563534
Inspection Visit ID: 5054472
Inspection Date: Monday, August 12, 2013
Inspection Number: 2353130
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 High Priority Violations: 0
Number of Intermediate Violations: 0
Number of Basic Violations: 1
Details
ViolationObservations of Inspector [as written on inspection]
14-11-4 Basic.Lid onthe freezer is rusting

Inspection For: TOPPERS CREAMERY
License Number: 1506221
License ID: 5563534
Inspection Visit ID: 4890022
Inspection Date: Monday, April 01, 2013
Inspection Number: 2265403
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.
Total Number of Violations: 2
Number of High Priority Violations: 0
Number of Intermediate Violations: 2
Number of Basic Violations: 0
Details
ViolationObservations of Inspector [as written on inspection]
53a-01-4 Intermediate.Observed: Manager lacking proof of food manager certification. Opening inspection. Scheduled for test 4/17. Priority: Intermediate
53b-13-4 Intermediate.Observed: Proof of required state approved employee training not available for some employees. To order approved program food safety mater, call DBPR's contracted provider: Florida Restaurant and Lodging Association (SafeStaff) 866-372. 7233. Some have safe taff Priority: Intermediate

Inspection For: TOPPERS CREAMERY
License Number: 1506221
License ID: 4161304
Inspection Visit ID: 4715877
Inspection Date: Wednesday, March 13, 2013
Inspection Number: 2227194
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: 6
Number of High Priority Violations: 1
Number of Intermediate Violations: 3
Number of Basic Violations: 2
Details
ViolationObservations of Inspector [as written on inspection]
03F-02-4 High Priority.Potentially hazardous (time/temperature control for safety) food identified in the written procedure as a food held using time as a public health control has no time marking and the time removed from temperature control cannot be determined. See stop sale.
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.
13-07-4 Basic.Employee wearing jewelry other than a plain ring on their hands/arms while preparing food.
31B-03-4 Intermediate.No soap provided at handwash sink.
36-45-4 Basic.Ceiling soiled with accumulated dust. A/c vent dusty
53A-01-4 Intermediate.Manager lacking proof of food manager certification.

Inspection For: TOPPERS CREAMERY
License Number: 1506221
License ID: 4161304
Inspection Visit ID: 4715878
Inspection Date: Thursday, November 08, 2012
Inspection Number: 2227195
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: 4
Number of Noncritical Violations: 4
Details
ViolationObservations of Inspector [as written on inspection]
09-03-1 Critical.- Observed nonready-to-eat food handled by employees without the use of gloves, deli paper, scoops, tongs or other utensils. Scoop handle in toppings Corrected On Site.
13-03-1 Observed employee with no hair restraint.
32-17-1 Critical.- Handwashing cleanser lacking at handwashing lavatory. South handsink
33-16-1 Observed open dumpster lid. Repeat Violation.
35B-03-1 Critical.- Outer openings not protected with self-closing doors. Rear door
40-04-1 Observed personal care item stored with food. Aspirin with pam release spray
42-03-1 Wet mop not hung head up to dry
53A-01-2 Critical.- Manager lacking proof of Food Manager Certification. Chuck tyler

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4 Food Service Inspections for July 1, 2011 - June 30, 2012
Inspection For: TOPPERS CREAMERY
License Number: 1506221
License ID: 4161304
Inspection Visit ID: 4608489
Inspection Date: Friday, June 01, 2012
Inspection Number: 2160927
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.
Total Number of Violations: 10
Number of Critical/Risk Violations: 7
Number of Noncritical Violations: 3
Details
ViolationObservations of Inspector [as written on inspection]
08A-29-1 Critical.- Observed uncovered food in holding unit/dry storage area. Toppings, walk in. Corrected On Site.
12A-16-1 Critical.- Observed employee engage in food preparation, handle clean equipment or utensils, or touch unwrapped single-service items, without washing hands. Handling cash, started to prepare food without washing hands
14-31-1 Equipment or utensils not designed or constructed in a durable manner. Styrofoam cup, used to scoop toppings. Corrected On Site.
22-17-1 Critical.- Observed soiled reach-in cooler gaskets.
22-22-1 Critical.- Observed encrusted material on can opener.
22-28-1 Critical.- Observed interior of reach-in cooler soiled with accumulation of food residue.
23-06-1 Observed build-up of food debris, dust or dirt on nonfood-contact surface. Inside of bottom shake dispenser.
36-15-1 Observed food debris accumulated on kitchen floor. Walk in cooler. Mild.
41A-08-1 Critical.- Observed toxic item stored by utensils. Raid on dish rack.
50-08-1 Critical.- Establishment operating without a current Hotel and Restaurant license. Establishment currently owes $362

Inspection For: TOPPERS CREAMERY
License Number: 1506221
License ID: 4161304
Inspection Visit ID: 4525271
Inspection Date: Wednesday, February 22, 2012
Inspection Number: 2124490
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: 1
Number of Critical/Risk Violations: 1
Number of Noncritical Violations: 0
Details
ViolationObservations of Inspector [as written on inspection]
50-09-1 Critical. Violation: 50-09-1Hotel and Restaurant license not properly displayed.

Inspection For: TOPPERS CREAMERY
License Number: 1506221
License ID: 4161304
Inspection Visit ID: 4382551
Inspection Date: Monday, December 19, 2011
Inspection Number: 2124490
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: 6
Number of Critical/Risk Violations: 4
Number of Noncritical Violations: 2
Details
ViolationObservations of Inspector [as written on inspection]
14-37-1 Observed cutting board grooved/pitted and no longer cleanable at sundae bar cooler.
22-22-1 Critical. Observed encrusted material on can opener. Corrected On Site.
33-16-1 Observed open dumpster lids.
50-09-1 Critical. Hotel and Restaurant license not properly displayed.
53A-01-2 Critical. Manager lacking proof of Food Manager Certification.
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.

Inspection For: TOPPERS CREAMERY
License Number: 1506221
License ID: 4161304
Inspection Visit ID: 4382552
Inspection Date: Thursday, July 07, 2011
Inspection Number: 2124491
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.
Total Number of Violations: 1
Number of Critical/Risk Violations: 1
Number of Noncritical Violations: 0
Details
ViolationObservations of Inspector [as written on inspection]
50-08-1 Critical. Establishment operating without a current Hotel and Restaurant license. License expired more than 60 days. Establishment owes a total of $362. 00. Payment can be made online at www. MyFloridalicense. Com/dbpr/hr/ or by call 850-487-1395.

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3 Food Service Inspections for July 1, 2010 - June 30, 2011
Inspection For: TOPPERS CREAMERY
License Number: 1506221
License ID: 4161304
Inspection Visit ID: 4225550
Inspection Date: Thursday, April 14, 2011
Inspection Number: 2042271
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: 5
Number of Critical/Risk Violations: 4
Number of Noncritical Violations: 1
Details
ViolationObservations of Inspector [as written on inspection]
12A-09-1 Critical. Observed food employee wearing jewelry other than a plain ring on their hands/arms while preparing food.
13-04-1 Observed employee with no beard guard/restraint.
22-14-1 Critical. Equipment in chilled room not cleaned often enough. All soft serv dairy machines are only cleaned and sanitizied weekly per person in charge. STATE FOOD REQUIRES DAILY CLEAN AND SANITIZING OF MACHINES.
50-06-1 Critical. License expired within 30 days after expiration date. Owner owes $262. 00 plus $100. 00 late fee. Renew online www. Myfloridalicense. Com/dbpr/hr/ or call 850-487-1395,to speak to person hit complaint request number.
50-09-1 Critical. Hotel and Restaurant license not properly displayed in establishment.

Inspection For: TOPPERS CREAMERY
License Number: 1506221
License ID: 4161304
Inspection Visit ID: 4033957
Inspection Date: Tuesday, February 22, 2011
Inspection Number: 2011673
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]
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 chocolate chips.
16-13-1 Critical. Observed equipment and utensils not washed, rinsed and sanitized in the correct order in three-compartment sink. Observed middle compartment containing dirty cups.

Inspection For: TOPPERS CREAMERY
License Number: 1506221
License ID: 4161304
Inspection Visit ID: 4033958
Inspection Date: Friday, September 24, 2010
Inspection Number: 2011674
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]
21-11-1 Wiping cloth quaternary ammonia sanitizing solution not at proper minimum strength. Corrected On Site.
22-11-1 Critical. Food-contact surfaces in contact with potentially hazardous food not cleaned at least every four hours. Sundae bar cutting board. Corrected On Site.

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2 Food Service Inspections for July 1, 2009 - June 30, 2010
Inspection For: TOPPERS CREAMERY
License Number: 1506221
License ID: 4161304
Inspection Visit ID: 3924361
Inspection Date: Wednesday, June 16, 2010
Inspection Number: 1940137
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: 9
Number of Critical/Risk Violations: 6
Number of Noncritical Violations: 3
Details
ViolationObservations of Inspector [as written on inspection]
12A-20-1 Critical. Observed employee wash hands with no soap at hand wash sink. Corrected On Site.
12B-02-1 Critical. Observed employee eating in a food preparation or other restricted area. Partially eat salad noted on ss prep table. Corrected On Site.
12B-03-1 Critical. Observed employee drinking from an open beverage container in a food preparation or other restricted area. Corrected On Site.
22-11-1 Critical. Food-contact surfaces [cutting board] in contact with potentially hazardous food not cleaned at least every four hours at Sundae bar. Corrected On Site.
31-12-1 Critical. Observed handwash sink used for purposes other than handwashing. Bucket stored in hand wash sink.
34-10-1 Observed garbage/cardboard on the ground and/or pad around dumpster.
50-09-1 Critical. Hotel and Restaurant license not properly displayed.
51-13-1 No Heimlich maneuver sign posted.
51-29-1 Observed no child labor law poster.

Inspection For: TOPPERS CREAMERY
License Number: 1506221
License ID: 4161304
Inspection Visit ID: 3841557
Inspection Date: Friday, April 02, 2010
Inspection Number: 1924867
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.
Total Number of Violations: 0
Number of Critical/Risk Violations: 0
Number of Noncritical Violations: 0

NoticeEach restaurant inspection report is a “snapshot” of conditions present at the time of the inspection. On any given day Toppers Creamery 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 Toppers Creamery.

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 Toppers Creamery 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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