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Arby's #269

Arby's #269
1156 Malabar Rd SE
Palm Bay, FL 32907
(321)727-9767

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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.

Arby's #269 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 Arby's #269 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--2009007782 - On April 21, 2009 Arby's #269, Palm Bay was ordered to pay $950 for violations observed during its January 27, 2009 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: ARBY'S #269
License Number: 1504476
License ID: 2135200
Inspection Visit ID: 5278959
Inspection Date: Thursday, July 17, 2014
Inspection Number: 2394835
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: 0
Number of Intermediate Violations: 0
Number of Basic Violations: 3
Details
ViolationObservations of Inspector [as written on inspection]
36-43-4 Basic.Dusty ceiling tiles and/or air conditioning vent covers. - grid to the left of microwave
36-41-4 Basic.Fan cover in walk-in cooler has accumulation of dust/debris.
33-20-4 Basic.Grease on the ground and/or pad around grease receptacle.

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2 Food Service Inspections for July 1, 2013 - June 30, 2014
Inspection For: ARBY'S #269
License Number: 1504476
License ID: 2135200
Inspection Visit ID: 4979426
Inspection Date: Friday, February 21, 2014
Inspection Number: 2300749
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: 6
Number of High Priority Violations: 0
Number of Intermediate Violations: 0
Number of Basic Violations: 6
Details
ViolationObservations of Inspector [as written on inspection]
14-09-4 Basic.Cutting board has cut marks and is no longer cleanable.
36-43-4 Basic.Dusty ceiling tiles and/or air conditioning vent covers. /
24-08-4 Basic.Equipment and utensils not properly air-dried - wet nesting.
23-19-4 Basic.Food debris/dust/grease/soil residue on exterior of reach-in cooler/refrigerator. / sandwich line drawers
05-09-4 Basic.No conspicuously located ambient air temperature thermometer in holding unit. /sandwich cooler **Corrected On-Site**
16-05-4 Basic.Sanitizing solution not at proper strength in 3 compartment sink/ 0 ppm, corrected to 200 ppm. Corrected On-Site** **Corrected On-Site**

Inspection For: ARBY'S #269
License Number: 1504476
License ID: 2135200
Inspection Visit ID: 4979425
Inspection Date: Tuesday, August 27, 2013
Inspection Number: 2300748
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: 0
Number of Intermediate Violations: 0
Number of Basic Violations: 4
Details
ViolationObservations of Inspector [as written on inspection]
23-03-4 Basic.Moderate Build-up of grease on fryer hood and heat lamp rack
14-67-4 Basic.Reach-in cooler gasket torn/in disrepair. Front line cooler
14-41-4 Basic.Walk-in cooler door gasket torn/in disrepair.
21-12-4 Basic.Wet wiping cloth not stored in sanitizing solution between uses. **Corrected On-Site**

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2 Food Service Inspections for July 1, 2012 - June 30, 2013
Inspection For: ARBY'S #269
License Number: 1504476
License ID: 2135200
Inspection Visit ID: 4979425
Inspection Date: Tuesday, August 27, 2013
Inspection Number: 2300748
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: 0
Number of Intermediate Violations: 0
Number of Basic Violations: 4
Details
ViolationObservations of Inspector [as written on inspection]
23-03-4 Basic.Moderate Build-up of grease on fryer hood and heat lamp rack
14-67-4 Basic.Reach-in cooler gasket torn/in disrepair. Front line cooler
14-41-4 Basic.Walk-in cooler door gasket torn/in disrepair.
21-12-4 Basic.Wet wiping cloth not stored in sanitizing solution between uses. **Corrected On-Site**

Inspection For: ARBY'S #269
License Number: 1504476
License ID: 2135200
Inspection Visit ID: 4641897
Inspection Date: Thursday, January 31, 2013
Inspection Number: 2176040
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: 1
Number of Basic Violations: 0
Details
ViolationObservations of Inspector [as written on inspection]
27-16-4 Intermediate.Hot water not provided/shut off at employee handwash sink. Employee hand wash sink by office 84-89 degrees fAfter running more than 1 minute

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2 Food Service Inspections for July 1, 2011 - June 30, 2012
Inspection For: ARBY'S #269
License Number: 1504476
License ID: 2135200
Inspection Visit ID: 4299037
Inspection Date: Wednesday, January 11, 2012
Inspection Number: 2066275
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: 1
Number of Noncritical Violations: 2
Details
ViolationObservations of Inspector [as written on inspection]
08A-28-1 Critical. Observed food stored on floor. /walk in cooler and freezer
14-37-1 Observed cutting board moderate grooved/pitted and no longer cleanable.
23-07-1 Observed gaskets with moderate slimy/mold-like build-up.

Inspection For: ARBY'S #269
License Number: 1504476
License ID: 2135200
Inspection Visit ID: 4299038
Inspection Date: Friday, September 09, 2011
Inspection Number: 2066276
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]
08A-28-1 Critical. Observed food stored on floor. / product in walk in cooler and freezer-another store picking product up shortly
31-12-1 Critical. Observed handwash sink used for purposes other than handwashing. /dumping ice
37-11-1 Observed attached equipment soiled with accumulated dust. /light shields kitchen area

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3 Food Service Inspections for July 1, 2010 - June 30, 2011
Inspection For: ARBY'S #269
License Number: 1504476
License ID: 2135200
Inspection Visit ID: 4266923
Inspection Date: Friday, June 10, 2011
Inspection Number: 2051987
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]
08A-28-1 Critical. Observed food stored on floor. /walk in cooler-after a truck Corrected On Site.
27-16-1 Critical. Hot water not provided/shut off at employee hand wash sink. /employee handwashing sink 85 degrees f

Inspection For: ARBY'S #269
License Number: 1504476
License ID: 2135200
Inspection Visit ID: 4046566
Inspection Date: Wednesday, February 09, 2011
Inspection Number: 2020370
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: 6
Number of Critical/Risk Violations: 1
Number of Noncritical Violations: 5
Details
ViolationObservations of Inspector [as written on inspection]
12B-07-1 Critical. Observed an open beverage container on a food preparation table or over/next to clean equipment/utensils. Corrected On Site.
14-37-1 Observed cook line cutting boards moderatly grooved/pitted and no longer cleanable. Recommend resurface
15-31-1 Observed walkin cooler door does not completely sealed.
24-08-1 Equipment and utensils not properly air-dried. Ice buckets
37-04-1 Observed wall lightly soiled with accumulated black debris in dishwashing area.
38-07-1 Lights missing the proper shield, sleeve coatings or covers. Prep area

Inspection For: ARBY'S #269
License Number: 1504476
License ID: 2135200
Inspection Visit ID: 4046567
Inspection Date: Friday, August 27, 2010
Inspection Number: 2020371
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: 1
Number of Noncritical Violations: 2
Details
ViolationObservations of Inspector [as written on inspection]
14 Food contact surfaces designed, constructed, maintained, installed, located
30 Critical. Cross-connection, back siphonage, backflow
3b Hot food at proper temperatures

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2 Food Service Inspections for July 1, 2009 - June 30, 2010
Inspection For: ARBY'S #269
License Number: 1504476
License ID: 2135200
Inspection Visit ID: 3711982
Inspection Date: Monday, May 10, 2010
Inspection Number: 1910636
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: 4
Number of Critical/Risk Violations: 1
Number of Noncritical Violations: 3
Details
ViolationObservations of Inspector [as written on inspection]
22-21-1 Critical. Observed soil buildup inside ice scoop holder
25-06-1 Observed single-service articles stored without protection from contamination. In the splash zone of the prep room handwash sink
36-13-1 Observed grease accumulated under cooking equipment. In the walk in cooler
37-02-1 Observed hole in wall. Small holes observed at the 3 comp sink area

Inspection For: ARBY'S #269
License Number: 1504476
License ID: 2135200
Inspection Visit ID: 3711983
Inspection Date: Wednesday, November 18, 2009
Inspection Number: 1910637
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: 2
Number of Noncritical Violations: 6
Details
ViolationObservations of Inspector [as written on inspection]
05-09-1 Critical. No conspicuously located thermometer in holding unit. Front line cooler drawers
14-36-1 Observed gaskets/seals on cold holding unit in poor repair. Cook l9ne RIC by cooler drawers
14-36-1 Observed gaskets/seals on cold holding unit in poor repair. Upright RIF's by fryers
14-37-1 Observed cutting board grooved/pitted and no longer cleanable. All on cook line. Recommend to resurface
14-41-1 Food-contact surface not smooth and easily cleanable. Ice buckets are cracked and have holes in the bottom.
28-02-1 Critical. Condensation or other drainage not disposed of according to law. WIF.
36-08-1 Observed floor and wall junctures coved tiles broken in the walkin cooler.
36-15-1 Observed heavy ice build up on the WIF floor due to the condensation leak in frezzer

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4 Food Service Inspections for July 1, 2008 - June 30, 2009
Inspection For: ARBY'S #269
License Number: 1504476
License ID: 2135200
Inspection Visit ID: 3501846
Inspection Date: Monday, March 30, 2009
Inspection Number: 1647289
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: ARBY'S #269
License Number: 1504476
License ID: 2135200
Inspection Visit ID: 3154802
Inspection Date: Tuesday, January 27, 2009
Inspection Number: 1647289
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: 16
Number of Critical/Risk Violations: 8
Number of Noncritical Violations: 8
Details
ViolationObservations of Inspector [as written on inspection]
03A-07-1 Critical. Observed potentially hazardous food cold held at greater than 41 degrees Fahrenheit. /cheese sandwich make line recommended rapid xhill Corrected On Site.
10-04-1 In-use utensil for nonpotentially hazardous food not stored in a clean, protected location. /ice scoop dirty ledge
10-08-1 Observed ice scoop with handle in contact with ice. /ice bin
15-31-1 Observed heavy rust on the rail by 3 comparment sink
22-17-1 Critical. Observed soiled reach-in cooler gaskets.
22-23-1 Critical. Observed encrusted, soiled material on slicer.
23-03-1 Observed build-up of heavy grease on hoods behind fryers
27-16-1 Critical. Hot water not provided/shut off at employee hand wash sink. Repeat Violation. X 2 sent for administrative actions 1/27/09
30-02-1 Critical. Vacuum breaker mising at hose bibb. / mop sink
33-16-1 Observed open dumpster lid. Repeat Violation. X 2 sent for administrative action 1/27/09
34-09-1 Observed heavy grease on the ground and/or pad around grease receptacle. In the garbage enclosure. Repeat Violation. X 2 sent for administrative action 1/27/09
36-08-1 Observed floor and wall junctures not coved. /tile missing by back door. Repeat Violation. X 2 sent for administrative action on 1/27/09
38-07-1 Lights missing the proper shield, sleeve coatings or covers. /light walk in cooler. Repeat Violation. X 2 sent for administrative action 1/27/09
45-38-2 Critical. Portable fire extinguisher not fully charged. Observed exstinguisher in redFor reporting purposes only.
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. Repeat Violation. X 2 sent for administrative action 1/27/09

Inspection For: ARBY'S #269
License Number: 1504476
License ID: 2135200
Inspection Visit ID: 3475531
Inspection Date: Tuesday, January 27, 2009
Inspection Number: 1647290
Visit Number: 2
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Call Back - Admin. complaint recommended
Total Number of Violations: 6
Number of Critical/Risk Violations: 2
Number of Noncritical Violations: 4
Details
ViolationObservations of Inspector [as written on inspection]
27-16-1 Critical. Violation: 27-16-1Hot water not provided/shut off at employee hand wash sink. /took over 2 minutes only got temperature to 90 degree's f/observed the hot water in employee handsinks is temping at 85 degree's f
33-16-1 Violation: 33-16-1Observed open dumpster lid. /observed dumpster lid open
34-09-1 Violation: 34-09-1Observed heavy grease on the ground and/or pad around grease receptacle. /observed there is stil heavy grease on ground around grease recepacle in the garbage enclosure
36-08-1 Violation: 36-08-1Observed floor and wall junctures not coved. /tile missing by back door/observed tile stil missing at cove mold base
38-07-1 Violation: 38-07-1Lights missing the proper shield, sleeve coatings or covers. /walk in cooler/observed still no light shield on the light in walk in cooler by door
53B-07-1 Critical. Violation: 53B-07-1Employee training provided by unapproved provider. Refer to www. Myflorida. Com/dbpr for more details. /utilizing Arby's program-not on my list of approved vendors -called Sr. Ed W not on his st either-need to utilize one of the stat approved programs-gave manager-bulletin and website information/observed still no proof of employee training

Inspection For: ARBY'S #269
License Number: 1504476
License ID: 2135200
Inspection Visit ID: 3154803
Inspection Date: Tuesday, November 25, 2008
Inspection Number: 1647290
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: 12
Number of Critical/Risk Violations: 5
Number of Noncritical Violations: 7
Details
ViolationObservations of Inspector [as written on inspection]
12A-17-1 Critical. Observed employee improperly washing hands. / no paper towels in establishment / Corrected On Site.
27-16-1 Critical. Hot water not provided/shut off at employee hand wash sink. /took over 2 minutes only got temperature to 90 degree's f
29-08-1 Plumbing system in disrepair. /hand wash sink prep area
32-16-1 Critical. Hand wash sink lacking proper hand drying provisions. /by fryer
33-16-1 Observed open dumpster lid.
34-07-1 Garbage enclosure area in disrepair. / bottom of door broken off
34-09-1 Observed heavy grease on the ground and/or pad around grease receptacle.
36-08-1 Observed floor and wall junctures not coved. /tile missing by back door
38-07-1 Lights missing the proper shield, sleeve coatings or covers. /walk in cooler
50-09-1 Critical. Hotel and Restaurant license not properly displayed. /owner verified and current active
51-11-1 Carbon dioxide/helium tanks not adequately secured.
53B-07-1 Critical. Employee training provided by unapproved provider. Refer to www. Myflorida. Com/dbpr for more details. /utilizing Arby's program-not on my list of approved vendors -called Sr. Ed W not on his st either-need to utilize one of the stat approved programs-gave manager-bulletin and website information

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2 Food Service Inspections for July 1, 2007 - June 30, 2008
Inspection For: ARBY'S #269
License Number: 1504476
License ID: 2135200
Inspection Visit ID: 2913491
Inspection Date: Thursday, January 24, 2008
Inspection Number: 1578420
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]
10-04-1 In-use utensil for nonpotentially hazardous food not stored in a clean, protected location. Ice scoop is on the ice machine side cover
30-02-1 Critical. Vacuum breaker mising at hose bibb. On the'y' connection at the mop sink
50-09-1 Critical. Hotel and Restaurant license not properly displayed. It is current

Inspection For: ARBY'S #269
License Number: 1504476
License ID: 2135200
Inspection Visit ID: 2913492
Inspection Date: Friday, November 30, 2007
Inspection Number: 1578421
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: 2
Number of Noncritical Violations: 2
Details
ViolationObservations of Inspector [as written on inspection]
22-17-1 Critical. Observed soiled on 1 door reach-in freezer gaskets n ext to fryers.
23-03-1 Observed build-up of grease on hood filters above fryers.
46-13-1 Critical. Emergency light does not function when tested at back door, kitchen exit.
51-18-1 No copy of latest inspection report.

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2 Food Service Inspections for July 1, 2006 - June 30, 2007
Inspection For: ARBY'S #269
License Number: 1504476
Inspection Date: Tuesday, March 20, 2007
Inspection Number: 1488923
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: 6
Number of Noncritical Violations: 4
Details
1 violation of code 10 which requires:
  • “In use food dispensing utensils properly stored”
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 21 which requires:
  • “Wiping cloths clean, used properly, stored”
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 critical violation of code 30 which requires:
  • “Cross-connection, back siphonage, backflow”
1 violation of code 37 which requires:
  • “Walls, ceilings, and attached equipment, constructed, clean”
1 risk violation of code 41 which requires:
  • “41a - Toxic substances properly stored.”
  • “41b - Toxic substances properly labeled, used.”
1 critical violation of code 47 which requires:
  • “Electrical wiring - adequate, good repair (For Reporting Purposes Only)”

Inspection For: ARBY'S #269
License Number: 1504476
Inspection Date: Wednesday, December 13, 2006
Inspection Number: 1488925
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: 5
Number of Noncritical Violations: 3
Details
1 violation of code 21 which requires:
  • “Wiping cloths clean, used properly, stored”
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 critical violation of code 30 which requires:
  • “Cross-connection, back siphonage, backflow”
1 risk violation of code 41 which requires:
  • “41a - Toxic substances properly stored.”
  • “41b - Toxic substances properly labeled, used.”
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 47 which requires:
  • “Electrical wiring - 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 Arby's #269 in Palm Bay 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 Palm Bay's Arby's #269.

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 Arby's #269 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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