ORDER OF AN EXECUTIVE OFFICER

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Environmental Public Health ORDER OF AN EXECUTIVE OFFICER To: Gordon Tocher, Lorrane Tocher, David Tocher, and, Steve Tocher Tocher Inns & Restaurants Ltd. the Owners RE: The food establishment located in Hinton, Alberta and municipally described as: Smitty s Restaurant, located at 445 Gregg Avenue, Hinton,. WHEREAS I, an Executive Officer of Alberta Health Services, have inspected the above noted premises pursuant to the provisions of the Public Health Act, RSA 2000, c. P-37, as amended; AND WHEREAS such inspection disclosed that the following conditions exist in and about the above noted premises which are or may become injurious or dangerous to the public health or which might hinder in any manner the prevention or suppression of disease, namely: a. Food particles are present on hard to reach surfaces of the meat slicer. These particles indicate that steps to disassemble, wash and sanitize are not being properly completed. b. A sanitizing solution to sanitize food contact surfaces is not present in the main kitchen area. The concentration of the quaternary ammonium solution in the server area is 100 mg/l. c. Food handlers are not washing hands in between tasks. Food handlers are observed to be wiping hands on their aprons. d. The plumbing line of the only hand washing sink in the kitchen area is leaking, rendering this sink non-operational. e. Staff drinks are present on the counter tops. f. Food items are being stored directly on the floor. g. The temperature of the cooler in the server area is at 10.3 C. h. A thermometer is not present in the cooler located in server area. i. The floor and wall tiles are missing underneath the cooler, the counter top and the ice machine in server area. j. Holes are present in the wall located behind the pop machine in server area. k. A ceiling vent cover is missing from the ceiling vent duct in the kitchen area. This vent is also blowing directly onto the food preparation area. l. Housekeeping requires attention. Grease buildup is present inside and underneath the oven, deep fryers, on the floor of the walk-in-freezer and on the fan of the walk-in-cooler. m. A written sanitation plan is not present in the facility. n. Accumulated dust and debris is present in the customer utensils storage containers. o. Accumulated soiling is present on both ice scoops and ice scoop storage containers. p. A cardboard wrapped in a tin foil is noted on the bottom shelf of the server cooler.

Page 2 of 5 AND WHEREAS such inspection disclosed that the following breaches of the Public Health Act and the Food Regulation, Alberta Regulation 31/2006 and the Food Retail and Foodservices Code exist in and about the above noted premises, namely: a. Food particles are present on hard to reach surfaces of the meat slicer. These particles indicate that steps to disassemble, wash and sanitize are not being properly completed which is in contravention of Section 28 (2) of the Food Regulation, AR 31/2006 which states that A commercial food establishment, all equipment and utensils in it and all surfaces in it with which food comes into contact must be maintained in a sanitary condition and, without limiting the foregoing, must be washed and sanitized in a manner that b. A sanitizing solution to sanitize food contact surfaces is not present in the main kitchen area. The concentration of the quaternary ammonium solution in the server area is 100 mg/l which is in contravention of Section 4.2.6 (c) (ii) of the Food Retail and Foodsevices Code, 2003 which states A quaternary ammonium compound solution used as a sanitizing agent should have a concentration of 200 mg/l. c. Food handlers are not washing hands in between tasks. Food handlers are observed to be wiping hands on their aprons which is in contravention of Section 30 (1) (d) of the Food Regulation, AR 31/2006 which states A food handler must wash hands as often as necessary to prevent the contamination of food or food areas. d. The plumbing line of the only hand washing sink in the kitchen area is leaking, rendering this sink non-operational which is in contravention of Section 19 (b) and 28 (3) (a) of the Food Regulation, AR 31/2006 which states A person must not operate a commercial food establishment unless it is constructed and maintained in accordance with that approval and All equipment and utensils in a commercial food establishment must be kept in good working order and condition. e. Staff drinks are present on the counter tops which is in contravention of Section 30 (1) (f) of the Food Regulation, AR 31/2006 which states A food handler must refrain from any other conduct that could result in the contamination of food or a food area. f. Food items are being stored directly on the floor which is in contravention of Section 23 (1) of the Food Regulation, AR 31/2006 which states, All food used or to be used in a commercial food establishment must be protected from contamination. g. The temperature of the cooler in the server area is at 10.3 C which is in contravention of Section 25 (1) (a) of the Food Regulation, AR 31/2006 which states All high-risk food must be stored, displayed and transported at a temperature of not more than 4 C or such higher temperature. h. A thermometer is not present in the cooler located in server area which is contravention of Section 18 (a) (b) (iii) of the Food Regulation, AR 31/2006 which states An operator must ensure that all refrigeration and hot holding equipment used in the commercial food establishment is equipped with an accurate thermometer. i. The floor and wall tiles are missing underneath the cooler, the counter top and the ice machine in server area which is in contravention of Section 17 (1) (a) of the Food Regulation, AR 31/2006 which states An operator must ensure that, before operation of the commercial food establishment commences, the commercial food establishment is of sound construction and in a good state of repair. j. Holes are present in the wall located behind the pop machine in server area which is in contravention of Section 17 (1) (a) and 19 (b) of the Food Regulation, AR 31/2006 which states An operator must ensure that, before operation of the commercial food establishment commences, the commercial food establishment is of sound

Page 3 of 5 construction and in a good state of repair and A person must not operate a commercial food establishment unless it is constructed and maintained in accordance with that approval. k. A ceiling vent cover is missing from the ceiling vent duct in the kitchen area. This vent is also blowing directly on the food preparation area which is in contravention of Section 17 (1) (a) of the Food Regulation, AR 31/2006 which states An operator must ensure that, before operation of the commercial food establishment commences, the commercial food establishment is of sound construction and in a good state of repair and A person must not operate a commercial food establishment unless it is constructed and maintained in accordance with that approval. l. Housekeeping requires attention. Grease buildup is present inside and underneath the oven, deep fryers, on the floor of the walk-in-freezer and on the fan of the walk-in-cooler which is in contravention of Section 28 (2) of the Food Regulation, AR 31/2006 which states A commercial food establishment, all equipment and utensils in it and all surfaces in it with which food comes into contact must be maintained in a sanitary condition and, without limiting the foregoing, must be washed and sanitized in a manner that m. A written sanitation plan is not present in the facility which is in contravention of Section 29 of the Food Regulation, AR 31/2006 which states A commercial food establishment must have written procedures designed to ensure its safe and sanitary operation and maintenance. This procedures must include the cleaning and sanitizing requirements for the commercial food establishment and for all equipment and utensils in it, if any, that are not normally washed in a dishwasher, and a list of all cleaning and sanitizing agents used in the commercial food establishments, including their concentrations and uses. n. Accumulated dust and debris is present in the customer utensils storage containers which is in contravention of Section 28 (2) of the Food Regulation, AR 31/2006 which states A o. Accumulated soiling is present on both ice scoops and ice scoop storage containers which is in contravention of Section 28 (2) of the Food Regulation, AR 31/2006 which states A p. A cardboard wrapped in a tin foil is noted on the bottom shelf of the server cooler which is in contravention of Section 28 (2) of the Food Regulation, AR 31/2006 which states A NOW THEREFORE, I hereby ORDER and DIRECT: 1. That the Owners immediately undertake and diligently pursue the completion of the following work in and about the above noted premises, namely:

Page 4 of 5 a. The meat slicer must be fully dismantled, cleaned and sanitized at a maximum four hour interval while in use. A cleaning brush must be used to clean the meat slicer. A sanitizer solution of proper concentration (chlorine solution at 100 mg/l, quaternary ammonium solution at 200 mg/l or Iodine solution at 12.5 mg/l) and contact time must be used to sanitize the meat slicer and all food contact surfaces. b. A sanitizing solution to sanitize food contact surfaces must be present in the facility. A quaternary ammonium solution must be maintained at the concentration of 200 mg/l. A test strip must be used to measure the concentration. c. Food handlers must wash their hands in between tasks, before putting gloves on, and after taking them off, before handling clean dishes and after handling dirty dishes, before handling ready-to-eat food items and after handling raw meat, after rest and smoke breaks, eating and any other times when hands may become contaminated. Hands must be washed using a hand washing soap with warm water. A disposable paper towel must be used to wipe hands. d. The plumbing line of the hand washing sink must be repaired. A hand washing sink must be available for food handlers to wash hands. e. Staff food and drinks must not be stored on the food preparation area. An area must be designated to store staff food items. f. Food items must be stored at least six inches or 15 cm above the floor. This ensures that the food items are being protected from contamination such as water leakage, pest infestation and any other unsanitary conditions. g. The server cooler must be capable of maintaining the temperature below 4 C. This cooler must not be used to store high risk food items and must be either repaired or replaced as required. h. A functional thermometer must be present in all the cold holding units. i. All the missing floor and wall tiles must be installed. j. Holes in the wall must be filled so that this wall is rendered smooth, moisture resistant and easy to clean. k. The missing ceiling vent cover must be installed. The air flow must be redirected in order to stop it from blowing on top of the food preparation area. l. The facility must be cleaned and organized properly and must be maintained in a clean and sanitary manner at all times. m. A written sanitation plan including the cleaning and sanitizing requirements for all equipment and utensils along with a list of all cleaning and sanitizing agents as well their uses and concentrations must be prepared. This sanitation plan must then be properly implemented. n. All the customer utensils and storage containers must be cleaned and sanitized. These containers must be maintained in a clean and sanitary manner at all times. o. All the ice scoops and storage containers must be cleaned and sanitized. These containers must be maintained in a clean and sanitary manner at all times. p. The cardboard wrapped in a tin foil must be removed. A shelf which is smooth, moisture resistant, and is easy to clean must be installed in this cooler 2. The work referred to in paragraph 1a, 1b, 1c, 1e, 1f, 1g, 1n, 1o, and 1p shall be completed by September 24, 2018. 3. The work referred to in paragraph 1d, 1h, 1i, 1j, 1k, 1l, and 1m shall be completed by September 30, 2018.

Page 5 of 5 The above conditions were noted at the time of inspection and may not necessarily reflect all deficiencies. You are advised that further work may be required to ensure full compliance with the Public Health Act and regulations, or to prevent a public health nuisance. DATED at Hinton, Alberta, September 10, 2018 Ravinder Thind, CPHI(C) Executive Officer Alberta Health Services You have the right to appeal A person who a) is directly affected by a decision of a Regional Health Authority, and b) feels himself aggrieved by the decision may appeal the decision by submitting a Notice of Appeal form within ten (10) days after receiving the order to: Public Health Appeal Board c/o Central Reception Main Floor, ATB Place North Tower 10025 Jasper Avenue NW Edmonton, Alberta, T5J 1S6 Phone: 780-222-5186 Fax: 780-422-0914 Email: HealthAppealBoard@gov.ab.ca Website: http://www.health.alberta.ca/about/phab.html A Notice of Appeal form may be obtained by contacting Alberta Health Services at 780-342-0122 or by contacting the Public Health Appeal Board. Health Legislation, Regulations and Standards Electronic versions of the Public Health Act and Regulations are available at the Alberta Queen's Printer Bookstore 10611-98 Avenue, Main Floor, Park Plaza, Edmonton, Alberta, T5K 2P7 or www.qp.gov.ab.ca. Health Legislation and regulations are available for purchase. Please contact Alberta Queen's Printer Bookstore 10611-98 Avenue, Main Floor, Park Plaza, Edmonton, Alberta, T5K 2P7 or www.qp.gov.ab.ca. Copies of standards are available by contacting the Health Protection Branch of Alberta Health at 780-427- 4518, or by visiting: www.health.alberta.ca/about/health-legislation.html Hinton Hinton Community Health Services Environmental Public Health 1280A Switzer Drive, Hinton, Alberta, Canada T7V 1T5 www.albertahealthservices.ca/eph.asp