FOLLOW-UP INSPECTION
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ROUTINE INSPECTION
14 reported violations
- K40: Wiping cloths: properly used, stored
Observed many wiping cloths stored on preparation counters while not in use. [CA] Wiping towels shall be stored in sanitizing solution of an approved concentration when not in use (100 ppm - chlorine, 200 ppm - quaternary ammonium).
- K27: Food separated and protected
Observed noodles and green vegetables stored under raw shelled eggs in walk in fridge. [CA] All food shall be separated and protected from cross-contamination. Store all raw meat or other raw products of animal origin below ready-to-eat food items.
- K04: Proper eating, tasting, drinking, tobacco use
Observed two employees eating food while preparing cooked shrimp. [CA] No employee shall eat or drink in the food prep, food contact storage, or food storage areas, use designated area.
- K29: Toxic substances properly identified, stored, used
Observed Raid inside facility meant for residential indoor use only. [CA] Only those insecticides, rodenticides, and other pesticides that are necessary and specifically approved for use in a food facility may be used. Remove Raid from facility.
- K36: Equipment, utensils, linens: Proper storage and use
Observed cups used as scoops in bulk food containers. [CA] Provide scoops with handles and store scoop handle in such a way that the handle does not come in direct contact with food to prevent contamination. Observed handle of ice scoop in contact with consumable ice. [CA] Handle to ice scoop shall be stored so that it is not in direct contact with ice.
- K26: Approved thawing methods used; frozen food
Observed large cuts of raw beef in sanitizing compartment of three compartment sink thawing in standing water that measured 111F. [CA] Frozen potentially hazardous food shall only be thawed in one of the following ways: 1) under refrigeration that maintains the food temperature at 41°F or below, 2) completely submerged under potable running water for a period not to exceed two hours at a water temperature of 70°F or below, and with sufficient water velocity to agitate and flush off loose particles into the sink drain, 3) in a microwave oven if immediately followed by immediate preparation, 4) as part of a cooking process.
- K09: Proper cooling methods
Beef measured 83F. Per PIC, it was cooked one hour prior to temperature measurement. Egg rolls in fryer basket measured 118F. [CA] After heating or hot holding, Potentially Hazardous Foods (PHFs) shall be cooled rapidly from 135°F to 70°F within 2 hours and from 70°F to 41°F within 4 hours. Approved cooling methods include: 1) Placing the food in shallow pans 2) Separating the food into thinner or smaller portions. 3) Using rapid cooling equipment (Ex. blast chiller) 4) Using containers that facilitate heat transfer (ex. stainless steel) 5) Adding ice as an ingredient. 6) Using ice paddles 7) Using an ice bath and stirring frequently 8) Accordance with a HACCP plan. Cooling foods shall have enough space around the containers for cold air to circulate, be loosely covered, or uncovered and stirred as frequently needed to evenly cool.
- K06: Adequate handwash facilities supplied, accessibleCritical
Both handwash sinks in the back preparation area were completely inaccessible (large red hose wrapped around faucet/sink in sink by three compartment sink. Food and food equipment in containers in handwash by preparation sink. Paper towels were not provided at handwash sink by three compartment sink and handwash sink in front preparation area. [CA] Single-use sanitary towels shall be provided in dispensers at all times during operation. Handwash sinks will be maintained accessible at all times. [COS] All items were removed from handwash sinks. Paper towels were provided at handwash sinks.
- K39: Thermometers provided, accurate
Probe thermometer was not available at time of inspection. [CA] An accurate easily readable metal probe thermometer (accurate to +/- 2°F) that is designed to measure the temperature of thin masses shall be provided and readily available to accurately measure the temperatures of potentially hazardous foods.
- K44: Premises clean, in good repair; Personal/chemical storage; Adequate vermin-proofing
Observed several bottles of employee medication stored on food preparation counter. [CA] Personal care items (medication/vitamins) shall bear a legible manufacturer's label and stored in a designated storage area for personal items. Observed employee phone stored on food preparation counter. [CA] No person shall store clothing or personal effects in any area used for the storage and preparation of food or food contact surfaces.
- K07: Proper hot and cold holding temperaturesCritical
Noodles, raw shelled eggs and sausage were left out in the temperature danger zone (see measured observations). Per PIC, they are all brought out when facility opens (1 hour and 45 min prior to temperature measurement). Items are used during the lunch rush and then placed back into the walk in or other refrigeration after use. [CA] PHFs shall be held at 41°F or below or at 135°F or above.[COS] Items must be discarded at 3pm. Bean sprouts in container of water measured 77F. Per PIC, they had been out since facility opened at 11am. [CA] PHFs shall be held at 41°F or below or at 135°F or above. [COS] Ice added to container.
- K41: Plumbing approved, installed, in good repair; proper backflow devices
Observed leak in faucet at preparation sink. [CA] Repair plumbing fixture and maintain in clean and good repair.
- K14: Food contact surfaces clean, sanitized
Observed raw beef thawing in sanitizing compartment of three compartment sink. Observed employee preparing/cutting raw beef on the drain board of the mechanical warewash. [CA] Three compartment sink and mechanical warewash shall be used for warewashing and sanitizing only.
- K05: Hands clean, properly washed; gloves used properly
Observed employee wash hands in preparation sink with water while still wearing gloves. Observed a second employee wash hands with only water. [CA] Ensure that gloves are removed and hands are washed with warm water and soap.
ROUTINE INSPECTION
OWNERSHIP CHANGE INFORMATION NEW FACILITY NAME: Pho 408 NEW OWNER: Nguyet Nguyen The applicant has completed the facility evaluation application process for an Environmental Health Permit. The permit category for this facility is FP11. An invoice for the permit fee in the amount of $1580 will be mailed to the billing address on the application. Payment must be submitted within 10 days of receipt of the invoice. The owner is responsible for contacting our department if an invoice is not received and remit payment within 30 days. The Environmental Health Permit will be effective: 04/01/2025 - 03/31/2026 This report serves as a temporary permit. However, the permit will be deemed invalid if the permit fee is not paid in full within 30 days from the date of this report. Okay to Operate. An official permit will be mailed to the address on file and shall be posted in public view upon receipt. *Structural Review inspection conducted on 03/25/2025 *Permit condition: None *Obtain food safety manager certificate within 60 days. All other food employees must have valid food handler cards within 30 days from hire date.
No reported violations
FOLLOW-UP INSPECTION
1 reported violation
- K49: Permits available
Facility is operating without a valid Environmental Health Permit. [CA] A food facility shall not be open for business without a valid health permit. CEASE AND DESIST ALL ACTIVITIES. A permit shall be issued by this department when investigation has determined that the proposed facility and its method of operation meets the specifications of the approved plans or conforms to the requirements set forth by this department. Please contact local health department at 408-918-3400 to obtain a valid health permit. Received confirmation that Environmental Health Permit had been paid. If mailing/billing address must be updated, please email district inspector at Jennifer.L.Rios@deh.sccgov.org with the updated information.
Source: Santa Clara County open data. Records are supplied as-is and may take 24–48 hours to reflect a newly published inspection.