DENVER DEPARTMENT OF ENVIRONMENTAL HEALTH Public Health Inspection Division 200 W. 14th Ave, Suite 200 Denver, CO 80204 - 2732 Phone (720) 865-5401 Fax (720) 865-5532 www.denvergov.org/phi Establishment: MILE HIGH DISTRIBUTING ID:7666 FOOD ESTABLISHMENT INSPECTION REPORT Address: 5060 N Logan St File #:1064833 Investigator:Sheilah Winte Inspection Date: 3/26/2014 11:30: Phone #: 3033214790 Exp Date: 05/03/2016 Email: Inspection Type:Regular Critical Items - These items are related directly to foodborne illness (V-Violation C-Compliance/Corrected NO-Not Observed NA-Not Applicable) 1 Food Source V C NO NA 4 Sanitation Rinse V a. Unapproved source l a. Manual °F ppm b. Unwholesome; signs of spoilage l b. Mechanical °F ppm c. Cross-contamination l c. In Place °F ppm d. HACCP plan not in place l Sanitizer: e. No commissary l 5 f. Commissary records l a. Unsafe Water Source 2 Personnel V C NO c. Hands not washed as needed d. Poor hygienic practices l l a. Inadequate in number, location, design l g. Bare Hand Contact l 7 C NO F +ROG KRW DW Û) RU JUHDWHU H +ROG FROG DW Û) RU OHVV l f. Food thermometer not available l g. Equipment inadequate to maintain food temperatures Location Thermocouple Ice Water Infused olive oil Shelf l NA Pest Control NO NA NO NA l V C NA b. Inappropriate pesticide application l l c. Evidence of animals on premise l 8 l a. Improperly stored l b. Improperly labeled l c. Improperly used l Toxic Items V C l Temperatures Item NO l l l d. Reach required cooking temperature C a. Evidence of insects or rodents l E 5DSLGO\ UHKHDW WR Û) RU JUHDWHU V l c. Soap or drying devices unavailable V NA l Hand Washing and Toilet Facilities l Food Temperature Control NO l 6 D 5DSLGO\ FRRO IRRG WR Û) RU OHVV C l d. Improper sewage disposal f. Training Needed 3 V l b. Inaccessible e. Smoking; eating; drinking not restricted l Other c. Unprotected backflow: back siphonage l b. Wounds unprotected NA l Quaternary ammonium Water - Sewage - Plumbing Systems NO l NA b. Hot & cold water inadequate l a. Personnel with infections not restricted l Chlorine C Enforcement Actions: Temp 32°F l 65°F l Other: Summons Issued l Time Orders Issued Re-inspection Date: 04/01/2014 Re-inspection Required Retention of Food/Equipment Written compliance Requested °F Closure for Imminent Hazard Conference Requested °F Closure for Cleaning On site demonstration °F Disposed of Food Type of OSD: °F °F °F °F An inspection of your establishment has been made on this date in accordance with the regulations and requirements of Chapter 23, Denver Revised Municipal Code. You are hereby ordered to correct the deficiencies marked above. Failure to correct and keep corrected any items may result in additional action being taken by the Department of Environmental Health, including but not limited to issuing a general violations summons, civil penalties, suspension, or revocation of your license. Should you wish to dispute a violation, you have the right to file a legible petition with the Manager within 30 days of the date of this inspection notice. Regulations governing petitions can be found at http://www.denvergov.org/BEH/RulesforBoardHearings/tabid/378554/Default.aspx or a copy can be obtained by contacting the Department. Received By: Scott Hershberger Inspected By: Sheilah Winter Email: Sheilah.Winter@denvergov.org Direct Phone:7208655523 Non-critical Items - uncorrected, these can become serious problems 9 Food Labeling and Protection V C 13 Utensils - Single Service Articles a. Not in original container, improperly labeled a. Utensils not provided; used/stored improperly b. Food unprotected from contamination b. Single service articles improperly stored,dispensed,used V C V C V C c. Reuse of single service articles 10 Improper Equipment Design and Construction V C 14 Physical Facilities a. Food contact surfaces a. Plumbing not installed/maintained b. Nonfood contact surfaces b. Garbage and refuse accumulation/uncovered c. Dishwashing facilities c. Floors; walls; ceilings in disrepair 11 Testing Devices V C d. Lighting inadequate a. Refrigeration units not provided with accurate, conspicuous thermometer e. Ventilation inadequate b. Dish machine not provided with accurate thermometer and gauge cock f. Personal items stored incorrectly c. Chemical test kits not provided; inaccessible g. Premises not maintained h. No separation of living; laundry 12 Improper Cleaning of Equipment and Utensils V C i. Restrooms a. Food contact surfaces 15 Other Operations b. Nonfood contact surfaces a. Personnel: unauthorized; unclean clothes; hair unrestrained c. Dishwashing operations b. Linen improperly stored d. Wiping cloths Item Comments Repeat critical violations in a 12 month period can result in the assessment of fines against food facilities. To learn more or to access training resources, food safety information, or food facility inspection results, visit us online at www.denvergov.org/phi. The division of Public Health Inspections strongly encourages you to implement your own internal daily "inspection". Check out our Food Safety System Toolkit (on our website), which is designed to help you identify the food safety issues that you should monitor on a daily basis. Contact your area inspector or write us at phicomments@denvergov.org to set up a free consultative visit that can include a mock inspection, an assessment of your food safety systems, food safety educational for your staff, or a combination. Find us on Facebook at www.facebook.com/DenverPHI. Please visit http://www.surveymonkey.com/s/foodinspectionsurvey to complete a brief survey and provide feedback on this visit. The Denver Department of Environmental Health is now offering a 90-minute online food safety training course for the cost of $10 in English, Spanish, Vietnamese, Mandarin, and Korean. A link to the course can be found on our website (www.denvergov.org/phi). CRITICAL VIOLATIONS The violation(s) listed below are critical violations. **Food Borne Illness Risk Factors are asterisked on the report. These are the most dangerous critical violations and include unsafe food source, poor personal hygiene, improper holding temperatures, improper cooking temperatures, and contaminated equipment. All Critical violations should be corrected as quickly as possible to prevent risk to the public’s health and measures should be implemented to control them in the future. Critical violations which cannot be corrected onsite during an inspection require a re-inspection. **03e - Hold cold at 41 °F or less (Regulation Section 3-401 Temperature) Cold potentially hazardous food is not held at a temperature of 41° F or colder. INVESTIGATOR COMMENTS: Observed twenty-eight 50 mL bottles of Canyon Cultivation cannabis infused olive oil and eighteen 200 mL Canyon Cultivation cannabis infused olive oil measuring at 65°F. On March 17, 2014, operator emailed a detailed description of the process and standard operating procedures for the ethanol hash oil extraction that is used as an ingredient for the Canyon Cultivation cannabis infused olive oils. According to the operator's procedures, the cannabis extract and olive oil is heated to 220°F. These time and temperature parameters are not sufficient to destroy C. botulinum spores. Thermal destruction of C. botulinum spores can be achieved between 240°F to 250°F, temperatures only attainable with pressure canners operated at 10 to 15 PSIG (pounds per square inch of pressure), ranging from 20 to 100 minutes. The exact time depends on various factors, such as the barometric pressure, the amount of product and the acidity of the product. Thermal destruction of C. botulinum spores will not be attained during the processing of the cannabis infused olive oil as outlined by operator's procedures. On March 20, 2014, Denver Environmental Health Investigator S. Born informed operator of the requirement to hold the cannabis infused oils cold at 41°F or below, or hot at 135°F or above at all times. Operator is unable to provide specific testing/product assessment to ensure the safety and shelf-stability of the cannabis infused olive oil stored at ambient room temperature. Inspector discussed the following options for the production of all future product: 1. Store the cannabis infused olive oil at 41 degrees F or below at all times. Due to the heat processing of the product, operator must ensure the product is rapidly cooled from 135°F to 70°F within 2 hours, then from 70°F to 41°F within 4 hours, for a total of 6 hours. 2. Operator may obtain water activity (Aw) and/or pH testing of the cannabis infused olive oil to ensure the product is shelf-stable and is not a Time/Temperature Control for Safety Food or a potentially hazardous food. Inspector emailed Table A. Interaction of PH and AW for control of spores in FOOD heat-treated to destroy vegetative cells and subsequently PACKAGED from the 2013 FDA Food Code for reference. CEASE AND DESIST ORDER: Operator is hereby ordered to cease and desist the sales of all Canyon Cultivation cannabis olive oil that was stored at ambient room temperature and observed on the premises at the time of inspection: twenty-eight 50 mL bottles of Canyon Cultivation cannabis infused olive oil and eighteen 200 mL Canyon Cultivation cannabis infused olive oil. All product is hereby embargoed by the Denver Department of Environmental Health Public Health Inspections Division and is scheduled for disposal at 12:00 pm on Tuesday, April 1, 2014. Any removal, relocation, adulteration or destruction of the product without written approval by a representative of the Denver Department of Environmental Health Public Health Inspections Division will result in further enforcement action. Operator shall recall all Cultivation cannabis olive oils that are held at ambient room temperature by written notification to all medical and retail marijuana dispensaries. Operator shall maintain a list of all recalled products, the amount recalled, and the name of the medical/retail marijuana outlet which returned the product. This list shall be made available upon request by the Department of Environmental Health. All recalled product received shall be embargoed and will be subject to proper disposal. 03f - Food thermometer not available (Regulation Section 4-401 Thermometers) Food product thermometer is not readily available for use/not used in establishment. INVESTIGATOR COMMENTS: The facility is not equipped with a food thermometer, and has Potentially Hazardous Foods that are infused (oil olive). Indicating thermometers shall be provided and shall have a numerical scale, printed record, or digital readout in increments no greater than 2 º F and shall be accurate to plus or minus 2º F. Violation to be re-inspected. 06c - Soap and drying devices unavailable (Regulation Section 5-208 Hand washing Lavatory, Water Temperature, and Flow) Hand sink in the facility is not equipped with soap, single-use towels, or other approved drying devices. INVESTIGATOR COMMENTS: The hand sink in the bathroom by the front door was not equipped with paper towels. A supply of dispensed sanitary towels, disposable towels, or a hand-drying device providing heated air shall be conveniently located near each hand sink. Operator supplied towel at this hand sink. Violation corrected. GENERAL COMMENTS INVESTIGATOR COMMENTS: Joint inspection with Thuy Vu. Inspection reports for At Home Baked/Mile High Distributing for 3/19/14 and 3/24/14 were issued during the inspection. Mile High Distributing will be a commissary for Canyon Cultivation, Apothacoma, and Mary's Medicinals. Facility shall maintain updated records indicating the number and type of vendors that utilize the commissary. Upon request, such records shall be made readily available to the Department of Environmental Health and shall include: 1. The name and contact information of each vendor utilizing the commissary. 2. A schedule indicating the dates and times each vendor utilizes the commissary. 3. A schedule indicating the date of the vendor’s last visit to the commissary. 4. The effective dates of the contract for each vendor. 5. A copy of each vendor’s license. 1