BREW & BANH MI CAFE

Multiple types of baked goods offered for consumer self service lack any form of labeling. [CA] Food prepackaged in a food facility shall bear a label with the following: 1) common name of the food, 2) list of ingredients in descending order of predominance by weight, 3) quantity of contents, 4) name and place of business of the manufacturer, packer, or distributor.

Accumulation of black, mold like substance on the interior of the tube feeding into the pitcher rinse at the front service area. Accumulation of brown, mold-like substance on the upper interior panel and side walls of the ice machine at the back kitchen area. [CA] Food contact surfaces shall be cleaned regularly, at a rate frequent enough to preclude organic buildup.

Ham/egg/cheese roll, pate chaud chicken, pate chaud pork, and cheese danish measured between 70F and 102F while maintained out of temperature control in a display case at the front service counter. Per staff, items had been taken out of refrigeration and heated up in the oven between 30 minutes and 2 hours prior. Cheese and hot dog roll measured 84F while maintained in a plastic box on a prep table in the back kitchen. Per staff, it had been delivered from a bakery less than 1 hour prior, and they were just about to begin putting it inside of a refrigerator. [CA] Potentially hazardous foods shall be held at 41F or below, or at 135F or above to prevent the growth of bacteria. [COS] Potentially hazardous foods in the display case placed on TPHC. Items shall be subjected to TPHC moving forward. TPHC form filled out with staff. Cheese and hot dog roll relocated to a refrigeration unit.

Employee observed handling the insides/outsides of a trash can with gloved hands, then picked up a paper towel and proceeded to sweep debris off of a cutting board maintained on the prep unit at the back kitchen area. Employee then changed gloves and attempted to prepare a banh mi sandwich before being stopped. When instructed to wash hands, employee attempted to wash hands in the three compartment sink. Employees observed rinsing gloved hands in the hand sink at the front service area. [CA] Employees shall wash their hands in all of the following scenarios: (1) Immediately before engaging in food preparation, including working with nonprepackaged food, clean equipment and utensils, and unwrapped single-use food containers and utensils. (2) After touching bare human body parts other than clean hands and clean, exposed portions of arms. (3) After using the toilet room. (4) After caring for or handling any animal allowed in a food facility pursuant to this part. (5) After coughing, sneezing, using a handkerchief or disposable tissue, using tobacco, eating, or drinking. (6) After handling soiled equipment or utensils. (7) During food preparation, as often as necessary to remove soil and contamination and to prevent cross-contamination when changing tasks. (8) When switching between working with raw food and working with ready-to-eat food. (9) Before initially donning gloves for working with food. (10) Before dispensing or serving food or handling clean tableware and serving utensils in the food service area. (11) After engaging in other activities that contaminate the hands [COS] Employees properly washed hands.

Multiple types of home-type cockroach bait/sprays observed throughout facility. [CA] Only those insecticides, rodenticides, and other pesticides that are necessary and specifically approved for use in a food facility may be used. Discontinue the use of unapproved insecticides. Work with pest control to apply approved chemicals.

1. Wooden board observed to support crate next to mop sink. Wooden boards observed next to ice machine. Insides of wooden cabinets at the front service area are unpainted/unvarnished. [CA] Remove unapproved additions/modifications to prevent the harborage of vermin. Paint/varnish wooden surfaces to prevent vermin harborage. 2. Bread buns (for banh mi sandwiches) are being stored in two unapproved plastic crates at the back kitchen area, one of which is stacked on top of the other. Bottom crate is stored directly on the floor directly in front of the hand wash station. [CA] Discontinue the use of unapproved crates to store food. Food shall be stored at least 6 inches off the floor to prevent contamination.

1. Facility could not provide a valid, 5-year manager's food safety certificate. [CA] Food facilities that prepare, handle, or serve non-prepackaged potentially hazard foods shall have a valid Food Safety Certificate available for review at all times. 2. Two employees present could not provide valid food handler cards. [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.

Facility has added a Vevor oven (approximately 3 months prior, per staff) without obtaining approval from DEH Plan Check. [CA] Submit plans for the addition of new equipment to DEH Plan Check. Failure to comply will result in the equipment being impounded. *Note: Facility is currently permitted as FP09; However, facility is utilizing oven to toast banh mi sandwiches and to heat up various potentially hazardous baked goods, including pate chaud chicken, pate chaud pork, and ham/egg/cheese rolls. Facility may be upgraded to an FP10. Further evaluation will follow.

Hand sink at the front service area lacked paper towels in wall mounted dispenser. Roll of paper towels maintained on the counter approximately 5 feet away. Hand sink at the back kitchen area lacked paper towels in wall mounted dispenser. Roll of paper towels maintained on a shelf approximately 7 feet away. Hand sink at the back kitchen area partially obstructed by two large totes placed directly in front. Takeout box observed placed inside the wash basin of the hand sink at the back kitchen area. Per employees, they do not utilize the back hand wash sink. [CA] Single-use sanitary towels shall be provided in dispensers; heated-air hand drying device may be substituted for single-use towels. Handwashing facility shall be clean, unobstructed, and accessible at all times.

Chlorine test strips could not be provided. [CA] Testing equipment and materials shall be provided to adequately measure the applicable sanitization method used during manual or mechanical warewashing.

1. Two dead cockroaches observed in the metal cabinet underneath the pitcher rinse at the front service area. Dead cockroach observed between the crevice of a wooden board and the ice machine. Per the owner, facility does not receive a regular pest control service, but are working on obtaining one. Multiple types of home-type roach insecticide observed throughout the facility. [CA] Clean and sanitize area of dead cockroaches or old droppings. 2. 7+ flies observed throughout the front service and back kitchen area. Flies observed flying close to uncovered food in the prep cooler at the back kitchen area, crawling on walls at the front service area, and perched on the rack adjacent to the three compartment sink [CA] Food facility shall be kept free of non-disease carrying insects, weevils, ants, gnats, and fruit flies to prevent contamination of food.

Sugar cane juicer does not have sanitation certification and has not gone through DEH Plan Check for approval. [CA] Discontinue use of sugar cane juicer. Remove sugar cane juicer from facility or submit plans to DEH Plan Check for approval of equipment. Must be submitted 06/12/2025.

Observed flies in preparation area. [CA] Maintain facility free of vermin.

1. Ninja air fryer, a waffle maker, and an insignia reach in freezer do not appear to have sanitation certification to be used in a food facility. [CA] Food equipment shall be certified or classified for sanitation by an American National Standards Institute (ANSI) accredited certification program (e.g. NSF, UL EPH, UL Sanitation, CSA Sanitation, or ETL Sanitation). Facility must submit specifications to district staff by 06/12/2025 for the above mentioned food equipment for approval. If sanitation approval cannot be supplied, the equipment will need to be removed from food facility. 2. Under counter reach in fridge ambient air measured 49F. [CA] Refrigeration must be capable of maintaining PHFs at 41°F or below.

Observed handle of ice scoop in contact with ice. [CA] Handle to ice scoop shall be stored so that it is not in direct contact with ice.

Oat milk and two containers of heavy whipping cream measured in the temperature danger zone for more than 4 hours. [CA] PHFs shall be held at 41°F or below or at 135°F or above. [COS] Items were VC&D

Upon arrival, observed facility open and operating. PIC stated that they submitted and paid the invoice. PIC showed a screen shot of an email sent to "dehweb" (no email address provided). Requested to have the email forwarded to district inspector. DEH has not received an application for this facility. Invoice has not been paid. Facility is to cease and desist all operations until the Facility evaluation/Change of ownership inspections take place and a permit is issued from this department. Facility will be charged a fee of 100% of the permit fee due to operating without a permit. [CA] A food facility shall not be open for business without a valid health permit. A facility found to be in continued operation without a permit may incur a penalty of three (3) times the operating permit fee, and fee(s) for re-inspection(s) charged at the current hourly rate approved by the Santa Clara County Board of Supervisors. Penalties and fees incurred due to enforcement activities must be paid in full prior to the issuance of an operating permit.

Fly present in prep area. [CA] Food facility shall be kept free of insects, flies, weevils, ants, gnats, and fruit flies.

Soap dispenser at back handwash sink is not available. Pump bottle of dish soap was available nearby. [CA] Provide handwashing cleanser in dispenser at handwash stations at all times.

Measured boba at 101F on counter. Per PIC, boba was cooked at 9:30AM but timer for four hours on phone was forgotten. [CA] PHFs shall be held at 41°F or below or at 135°F or above. [SA] Boba was time marked with timer and will be served or discarded by 1:30PM.

*NOTICE* Facility does not have a valid health permit. Facility will have until the end of business tomorrow (May 30, 2025 at 4:30PM) to submit a complete facility evaluation packet, including fees. Due to operating without a valid health permit, facility will incur a 25% penalty of annual permit fee. Failure to comply will result in facility closure and additional enforcement, including but not limited to reinspection(s) and additional cost recovery fees. A facility found to be in continued operation without a permit may incur a penalty of three (3) times the operating permit fee, and fee(s) for re-inspection(s) charged at the current hourly rate approved by the Santa Clara County Board of Supervisors. Penalties and fees incurred due to enforcement activities must be paid in full prior to the issuance of an operating permit. [CA] A food facility shall not be open for business without a valid health permit. [SA] Facility will submit completed facility evaluation packet by May 30, 2025 at 4:30PM.