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Wendy’s in Emporia bumbles inspection; Cook cuts finger, bandaged the cut, then handled raw hamburger patties while wearing the bandage without gloves

Wendy’s in Emporia bumbles inspection; Cook cuts finger, bandaged the cut, then handled raw hamburger patties while wearing the bandage without gloves

By: Robert Dewey |

Emporia, KS


1928 W 6TH ST

The Kansas Department of Agriculture’s Bureau of Food Safety and Laboratory Services conducted an unannounced retail food inspection on 2/17/2020. As a result of that inspection, and due to the severity of the specific violations the Wendy’s in Emporia was cited as being, “Out of Compliance” with Kansas food safety regulations. During this inspection a total of 5 violations were found.

The inspector made the following comments in support of the violations found during the inspection:

  • The grill cook placed raw hamburger patties on the grill and then took the wipe from the sanitizer container in front of the grill and began wiping the area around the grill when he stopped and stepped away looking at his finger. The PIC then asked him what was wrong and the cook told him that he had cut his finger earlier this week and that the wound had just started to bleed. No contamination was seen. They then walked to the back dish area and cleaned and bandaged the cut before he returned to the grill. The cook then handled raw hamburger patties while wearing the bandage without gloves and then dipped his hands and wiped them on the cloth in the sanitizer solution and then wiped them on his jeans. Educated the cook on where to properly wash hands. PIC provided education on the need to wear a glove over a bandage. COS by having him wash his hands and don a glove for the bandaged finger.
  • There was a case of raw shell eggs stored in the WIC on a composite shelving unit with open slots on each shelf above a case of RTE strawberry puree in sealed bags. There was no leakage. COS by moving eggs to bottom shelf.
  • There were the following items in the refrigerated front make table top out of temperature: Shredded cheddar cheese 46F Blue Cheese Crumbles 46F Mixed Greens 53F Shredded Jack Cheese 57F Chopped Romaine Lettuce 64F to 66F Sliced Tomatoes 53F to 56F Sliced American Cheese 47F to 61F Muenster 67F Asiago 67F PIC stated it had been there since 12:00 PM. COS by marking all pans for time as a public health control with a discard time of 4:00 PM. Inspector stated to the PIC that there was significant ice build up inside the RIC below the make table. The ambient room temperature was 79F, the make table’s interior temperature was 45F and there were no lids on the pans. The PIC contacted a repair technician. There were the following prepared salads in the front RIC. Time now 2:39PM: 4 Spicy Buffalo 50F-51F 2 Apple Pecan 49-51 3 Taco Salad 49F PIC stated they had been there since 8AM and that an ambient temperature of 35F was observed at 9AM. COS by VD.
  • Due to corrective action from the refrigeration unit not holding temperature, time as a public health control was initiated until repairs can be made. In the front make table there were the following items held with time as a public health control at 4:30 PM with a marked use/discard time of 4:00 PM. shredded cheddar cheese Blue Cheese Crumbles Mixed Greens Shredded Jack Cheese Chopped Romaine Lettuce Sliced Tomatoes Sliced American Cheese Muenster Asiago COS by VD.
  • There were no Quaternary Ammonia test strips available to test sanitizing solution used in three vat sink and wiping buckets. NOT COS.

Abbreviations used by inspectors:

AVB- An Atmospheric Vacuum Breaker (AVB) is a backflow prevention device used in plumbing to prevent backflow of non-potable liquids into the drinking water system
BOH- Back of the House
CFSM- Certified Food Safety Manager
COS- Corrected on-site during inspection
FCS- Food contact surface
PIC- Person-in-charge
PHF- Potentially Hazardous Foods
RIC- Reach in cooler
RTE- Ready to Eat
WIC- Walk-in cooler