THE BYWATER

1. Ambient temperature of 4 door under counter cooler at cook line measured at 55F. [CA]: All cooling units shall be able to cold hold PHFs at 41F or below at all times. Discontinue use of unit for PHFs until it is properly working. Assess/adjust/repair unit as needed. *COMPLY BY DATE: 3/04/2026 2. Unapproved vacmaster observed. Manager stated it is not in use. [CA]: Remove unapproved equipment.

Hand sink at cook line was blocked by a large cutting board. Nearby hand sink available. [CA]: All hand sinks shall be accessible at all times.

Employee washed hands at prep sink. [CA]: Employee shall properly wash hands at designated hand sink at all times.

1. Food safety manager certificate not provided on site. [CA]: Provide proof of a valid food safety manager certification. Food facilities that prepare, handle, or serve non-prepackaged Potentially Hazardous Food shall have a valid food safety manager certificate available on site for review at all times. 2. Food handler training certificates not provided on site. [CA]: Each food handler shall maintain a valid food handler card for the duration of his or her employment as food handler. A valid food handler card shall be provided within 30 days of after the date of hire.

At the indoor bar area's 3 comp sink, the second and third compartment sinks were causing a leak in which water overflows onto floor. Available 3 comp sink at kitchen. [CA]: 3 comp sink shall be in good repair.

*REPEAT VIOLATION* 1. Multiple Potentially Hazardous Food in the 4 door under counter cooler at cook line measured between 51F - 55F. Per Chef, food items were placed into the unit approximately 2.5 hours prior to measurement. Ambient temperature of unit measured at 55F. 2. Oysters in insufficient ice bath measured between 47F - 51F. Oysters sitting on top of ice. Chef stated oysters were placed in ice bath approximately 20 minutes prior to measurement. [CA]: Potentially Hazardous Food (PHFs) shall be cold held at 41F or below. [SA]: PHFs in the 4 door under counter cooler were relocated to other cooling units. Oysters submerged in sufficient ice bath.

At the indoor bar area, two bottles of alcohol (Chateau De Laubede and Jet Lagged Borliner) contained one small fly in each bottle. [CA]: Food is adulterated if it bears or contains any poisonous or deleterious substance that may render it impure or injurious to health and shall be discarded immediately. [COS]: Alcohol were voluntarily discarded.

Shellstock tags not attached to shellstocks and were not properly identified. Shellstock tags available. [CA]: Shellstock tags shall remain attached to the container in which the SHELLSTOCK are received until the container is empty.

For the shellstock that is not present, tags/labels were not provided 90 calendar days from the dates of harvest of molluscan shellfish after they are sold. [CA]: Shell stock tags must be maintained and available on site for 90 days. Ensure all shellstock tags are kept in chronological order for 90 days after the harvest date.

Dish machine at the bar measured at 0 ppm of Chlorine sanitizer. No active ware-washing observed. [CA]: Discontinue use of dish machine until it is able to dispense 50 ppm of CHlorine sanitizer. [SA]: Facility has another dish machine that provides 50 ppm of Chlorine sanitizer and a 3 comp sink.

2 door under counter's ambient temperature measured at 50F. [CA]: All cooling units shall be able to cold hold PHFs at 41F or below at all times. Discontinue use of unit for PHFs until it is able to properly cold hold PHFs.

*REPEAT VIOLATION* At the 2 door under counter cooler, multiple Potentially Hazardous Food (PHFs) measured between 50F - 53F. [CA]: PHFs shall be cold held at 41F or below at all times. [COS]: PHFs that have been out of approved temperatures for less than 4 hours were relocated to another cooler. PHFs that have been out of approved temperatures for more than 4 hours were voluntarily discarded.

In the walk in cooler, seafood gumbo base measured at 46F and red bean measured at 47F. Per Sous Chef, food items were cooked and cooled yesterday. [CA]: Potentially Hazardous Foods shall be cooled from 135F to 70F within 2 hours and then from 70F to 41F within 4 hours (6 hours total). Use shallow metal pans (no more than 2 inches for solid foods and no more than 4 inches for liquids), smaller portions, ice paddles and ice baths to assist with rapid cooling. When placing food in the refrigerator to cool, containers should be loosely covered or uncovered if protected from overhead contamination, to facilitate heat transfer from the surface of the food.

At the ware-washing area, 1 dead and 1 live adult cockroaches were observed. General Manager stated the last pest control service occurred on 12/16/2025 and services occur monthly. No pest control report provided. [CA]: Eliminate evidence of cockroach in a safe, effective and legal manner. Ensure food and food contact surfaces are protected from possible contamination at all times. Continue to follow pest control service recommendations and monitor for vermin activity. Seal all cracks, crevices, and gaps under any exterior doors to prevent entry and harborage of vermin. [COS]: The live cockroach was eliminated by employee.

Hand sink next to prep sink was blocked by wooden board and utensils. Chef stated hand sink is inoperable. Nearby hand sink with single use towels and soap available. [CA]: All hand sink stations shall be accessible and operable at all times.

In the walk in cooler, raw shell eggs stored directly above produce. [CA]: Properly store raw shell eggs beneath and separate from ready to eat food.

For the shellstock that is not present, tags/labels were not provided 90 calendar days from the dates of harvest of molluscan shellfish after they are sold. [CA]: Shell stock tags must be maintained and available onsite for 90 days. Ensure all shellstock tags are kept in chronological order for 90 days after the harvest date.

In the walk in cooler, multiple food items stored directly on the floor. [CA]: Food items must stored at least six (6) inches elevated from the floor to prevent contamination.