28 Kappo Restaurant Health Violations Beyond the Missing Sneeze Guard

One of the owners of Kappo, being interviewed by Fox News on Thursday August 6th


(Updated 10:29am 8/13/15) 

We told you on August 7th that Kappo restaurant is refusing to install a sneeze guard that DBPR is requiring them to install, going so far as to say they will shut their restaurant down before installing one. 

Not having a sneeze guard (right now) is a health violation for the restaurant. 

But there are 28 more. 

According to Ryan Julison, Kappo's media spokesman, "Kappo hasn't had a single complaint filed against them, until this 'sneezeguard' issue." (Source)

Kappo restaurant received several high priority and intermediate violations from the DBPR over the course of three inspections in 2015.

We list them all in this post.

1. Note: The inspection results show they do not pose an immediate threat to the public: 
  • 7/7/15 inspection results: Follow-up Inspection Required. Violations require further review, but are not an immediate threat to the public
  • 5/7/15 inspection results: Follow-up Inspection Required. Violations require further review, but are not an immediate threat to the public.
  • 1/22/15 inspection results: Met Inspection Standards. During this visit, violations were found.
2. Note: Before you read these violations, keep in mind: 
  • Each inspection report is a "snapshot" of conditions present at the time of the inspection. On any given day, an establishment may have fewer or more violations than noted in their most recent inspection. Inspections conducted on any given day may not be representative of the overall, long-term conditions at the establishment. Because conditions can change rapidly, establishments are not graded or rated.

Kappo High Priority Violations
Definition: High Priority food service violations are those which could contribute directly to a foodborne illness or injury. High Priority lodging violations are those which could pose a direct or significant threat to the public health, safety, or welfare.
  1. 7/7/15: High Priority - Observed: Self-service salad bar/buffet lacking adequate sneezeguards or other proper protection from contamination. The employee prepares food while the customer sits above the employee no barrier present **Repeat Violation** **Warning** Reference: 3-306.11 FC: Except for nuts in the shell and whole, raw fruits and vegetables that are intended for hulling, peeling, or washing by the consumer before consumption, food on display shall be protected from contamination by the use of packaging; counter, service line, or salad bar food guards; display cases; or other effective means. Priority: High Priority 7.7: the operator stated he will not install a protective barrier between where his customers sit and where the employee prepares the sushi.
  2. 5/7/15: 09-01-4 High Priority - Observed: Employee touching ready-to-eat food with their bare hands - food was not being heated as a sole ingredient to 145 degrees F or immediately added to other ingredients to be cooked/heated to the minimum required temperature to allow bare hand contact. Establishment has no approved Alternative Operating Procedure. The employee touched rice with bare hands and handed it to the customer. A temperature was not obtained. The employee placed on gloves **Corrective Action Taken** **Warning** Reference: 3-301.11(B) FC: (B) Except when washing fruits and vegetables as specified under Section 3-302.15 or as specified in Paragraphs (D) and (E) of this section, food employees may not contact exposed, ready-to-eat food with their bare hands and shall use suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing 
  3. 5/7/15: 08a-05-4  High Priority - Observed: Raw animal food stored over ready-to-eat food. Beef over vegetables **Corrected On-Site** **Warning** Priority: High Priority
  4. 5/7/15: 08b-01-4  High Priority - Observed: Self-service salad bar/buffet lacking adequate sneezeguards or other proper protection from contamination. The employee prepares food while the customer sits above the employee no barrier present **Repeat Violation** **Warning** Reference: 3-306.11 FC: Except for nuts in the shell and whole, raw fruits and vegetables that are intended for hulling, peeling, or washing by the consumer before consumption, food on display shall be protected from contamination by the use of packaging; counter, service line, or salad bar food guards; display cases; or other effective means. Priority: High Priority
  5. 5/7/15: 12a-09-4  High Priority - Observed: Single-use gloves not changed as needed after changing tasks or when damaged or soiled. The employee washed gloved hands at the hand sink. Informed, gloves removed and hands washed **Corrected On-Site** **Warning** Priority: High Priorityequipment. Priority: High Priority
  6. 5/7/15: 03d-10-4 High Priority - Observed: No written procedures available for use of time as a public health control to hold potentially hazardous (time/temperature control for safety) food. Facility has no written plan for time control **Corrected On-Site** **Warning** Priority: Intermediate
  7. 1/22/15: 03A-09-4 High Priority - Cooked fruits/vegetables cold held at greater than 41 degrees Fahrenheit. 1. Broccoli 66 left out in the prep area no activity.
  8. 1/22/15: 08B-02-4 High Priority - Displayed food not properly protected from contamination. 1. The customer seating area is in front of the prep top reach in cooler. While the items are being rolled into sushi they are not protected from customer contamination.
  9. 1/22/15: 09-01-4 High Priority - Employee touching ready-to-eat food with their bare hands - food was not being heated as a sole ingredient to 145 degrees F or immediately added to other ingredients to be cooked/heated to the minimum required temperature to allow bare hand contact. Establishment has no approved Alternative Operating Procedure. 1. The sushi chef was preparing sushi rolls with bare hands. Informed of the deficiency corrective action taken as follows the chef washed hands and placed on gloves.
  10. 1/22/15: 08A-05-4 High Priority - Raw animal food stored over ready-to-eat food. 1. Veal located over vegetables in the reach in cooler
  11. 1/22/15: 01D-05-4 High Priority - Squid, octopus, conch, eel, crab, shrimp, crawfish, lobster or other non-finfish offered raw or undercooked have not undergone proper parasite destruction. Fish must be fully cooked or discarded. 1. Sea urchin 2. Squid

Kappo Intermediate Violations
Definition: Intermediate food service violations are those which, if not addressed, could lead to risk factors that contribute to foodborne illness or injury. Intermediate lodging violations are those which relate to specific actions, equipment or procedures that contribute to the occurrence of a high priority violation if left unaddressed.
  1. 5/7/15: 01c-03-4  Intermediate - Observed: Clam/mussel/oyster tags not marked with last date served. **Warning** Priority: Intermediate
  2. 5/7/15: 02c-03-4  Intermediate - Observed: Commercially processed ready-to-eat, potentially hazardous (time/temperature control for safety) food opened and held more than 24 hours not properly date marked after opening. Milk **Corrected On-Site** **Warning** Priority: Intermediate
  3. 5/7/15: 14-47-4 Basic - Observed: Nonfood-contact equipment exposed to splash/spillage not constructed of materials that are corrosion resistant, nonabsorbent, smooth and easily cleanable. A splash guard is required to protect the foods to the right of the hand sink **Warning** Priority: Basic
  4. 5/7/15: 03d-16-4 Intermediate - Observed: Potentially hazardous (time/temperature control for safety) food covered while cooling. Scallions cooked 58/1.5 hours covered while cooling **Corrected On-Site** **Warning** Reference: 3-501.15 FC: (B) When placed in cooling or cold holding equipment, food containers in which food is being cooled shall be: (2) Loosely covered, or uncovered if protected from overhead contamination as specified under Subparagraph 3-305.11(A)(2), during the cooling period to facilitate heat transfer from the surface of the food. Priority: Intermediate
  5. 1/22/15: 31A-11-4 Intermediate - Handwash sink used for purposes other than handwashing. 1. The sushi chef was washing a rag at the hand sink. **Corrected On-Site**
  6. 1/22/15: 02A-01-4 Intermediate - Raw or undercooked oysters offered and establishment has no consumer advisory sign provided on wall, menu, placard, table tent or by any other written means. Raw animal foods must be fully cooked prior to service.
  7. 1/22/15: 02B-02-4 Intermediate - Raw/undercooked animal food offered and establishment has no written consumer advisory. Raw animal foods must be fully cooked prior to service. 1. Raw fish
  8. 1/22/15: 03G-36-4 Intermediate - pH meter used to test sushi rice not calibrated according to manufacturer's instructions/no buffer solution available. 1. Missing solution 10.01 2. Missing solution 4.01
  9. 1/22/15: 03G-37-4 Intermediate - pH meter used to test sushi rice not used according to manufacturer's instructions/no distilled water available.

Kappo Basic Violations
  1. 5/7/15: 14-06-4 Basic - Observed: Wood food-contact surface not properly sealed. Rice in direct contact with bowl. Bowl showing signs of mold like growth **Warning** Priority: Basic
  2. 1/22/15: 36-36-4 Basic - Ceiling tile missing. 1. Some tiles are missing over the prep area
  3. 1/22/15: 13-03-4 Basic - Employee with no hair restraint while engaging in food preparation. 1. The sushi chef and prep employee in the prep area
  4. 1/22/15: 14-25-4 Basic - Establishment using wood (other than a hard, close-grained wood) as a food-contact surface. 1. Sea urchin in direct contact with pine wood.
  5. 1/22/15: 33-23-4 Basic - Grease receptacle not on proper pad/nonabsorbent surface. 1. The grease container is being stored on dirt in the parking area
  6. 1/22/15: 10-07-4 Basic - In-use utensil stored in standing water less than 135 degrees Fahrenheit. 1. Spoons, utensils on the prep line 71
  7. 1/22/15: 21-35-4 Basic - Paper towel used as liner for food container. 1. Vegetables 2. RTE fish
  8. 1/22/15: 06-05-4 Basic - Potentially hazardous (time/temperature control for safety) food thawed in standing water. 1. Shrimp in standing water 66. Corrective action taken as follows placed under running water **Corrected On-Site**
  9. 1/22/15: 45-05-4 Portable fire extinguisher missing from its designated location. For reporting purposes only. 1. The establishment has no fire extinguisher.
  10. 1/22/15: 45-04-4 Use of cooking equipment producing grease laden vapors/smoke with no hood suppression system installed. Notified Fire AHJ. For reporting purposes only. 1. Small deep fryers x2 in the prep area