FDACS Issues Final Order Closing Adolphe Take Out Market (Miami) for Endangering Public Health

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Jun 26, 2020

Tallahassee, Fla. — Today, the Florida Department of Agriculture and Consumer Services (FDACS) issued an Immediate Final Order to Adolphe Take Out Restaurant & Supermarket, Inc., ordering an immediate cease of operations and closure of their Miami store. The order was issued after Adolphe violated multiple stop use and stop sale orders and endangered public health by using equipment and selling products that had violated sanitization requirements.

“It’s our Department’s responsibility to protect Florida’s consumers and a major part of that is ensuring our food supply is safe — it’s unfortunate that Adolphe Take Out Restaurant and Supermarket chose to ignore our directives and compromise public safety,” stated Commissioner Nikki Fried“Adolphe employees repeatedly disregarded directives, broke stop use and stop sale orders multiple times, failed to remedy numerous violations found upon inspection, and continued operation in a manner which could create a serious health risk. As we continue to navigate the COVID-19 pandemic, it’s crucial that businesses practice proper sanitization procedures and take precautions to minimize the risk of illness.”

Background: An FDACS Division of Food Safety inspector initially visited Adolphe on May 4 and followed up on May 18, May 19, June 17, and June 24, 2020. Upon initial inspections, violations were found that led  to the issuing of several stop sale and stop use orders. Upon return for follow-up inspections, our inspector found the facility had broken six of twelve stop sale and use orders, a clear violation. The inspector communicated to the facility employees that breaking stop sale and stop use orders results in a fine, directed them to remedy the issues that caused the orders, and warned them not to break the orders again.

May 4 Inspection: Twenty-five violations were found upon our Division of Food Safety inspector’s initial inspection visit on May 04, 2020, ranging from Adolphe’s lack of an employee health policy, to employees consuming food and beverages while using a meat band saw, soap and paper towels not available at an employee sink, and more. The inspector also observed four cats and cat excreta throughout the establishment, multiple food products with compromised packaging due to rodent gnawing and feeding, products with grain insects and rodent excreta inside and outside of packaging, and dented and bulging cans of corned beef hash and spaghettios that were leaking on the storage shelf. All damaged products were voluntarily destroyed during the visit and witnessed by inspector. Nine stop use orders were issued for several pieces of equipment and facility areas.

May 18 Inspection: Our inspector followed up on May 18, 2020 for a re-inspection visit and found issues which resulted in nineteen violations and two stop use orders being issued. Many violations included issues observed during the previous inspection which had not been remedied. New violations were witnessed, including issues like the lack of a certified food protection manager, automobile motor oil stored directly above single-use items like Styrofoam cups, dented and bulged at the rim canned tuna fish, coolers lacking thermometers. Rodent excreta and live roaches were observed in the facility front receiving and distribution area, in all retail aisles and shelving, in the dry storage area, meat and produce cooler, meat processing area, produce area, product repackaging area, beverage storage area, and backroom area. Inspectors also observed a live kitten trapped inside of a trapping control device. Two additional stop use orders were issued on all processing equipment and the outside receiving and distribution area.

May 19 Inspection: During the next follow-up focused inspection on May 19, 2020, three retail aisles and associated shelving areas were released from previous stop use orders. The produce area, retail aisle and shelving areas, product repackaging area, dry storage area, meat and produce cooler, receiving area, meat band, saw meat processing area, and the backroom area remained under the original stop use order issued due to rodent infestation.

June 17 Inspection: Seventeen violations were found during the inspector’s June 17, 2020 re-inspection visit. Many of the violations were again previous issues that were not remedied. Some of the new violations observed include an excessive number of house and fruit flies and house flies in all areas of the establishment, live roaches in packaging and storage areas, retail and processing areas leaks in the plumbing infrastructure, soil build-up, dead insects, and debris found in all areas. Employees were also witnessed violating previously issued stop use orders. Six citations for breaking stop use orders were issued. A stop sale order was issued on all food items being sold by Adolphe Take Out Market and another stop use order was issued for the beverage storage area.

June 24 Inspection: On the final follow-up focused inspection, our inspector found multiple stop use and stop sale orders being broken, employees were processing meats, receiving new product, repackaging items, selling food products to customers, and more. Thirteen citations for breaking stop use orders were issued. Two new stop use orders were issued on two reach-in freezers due to unsanitary conditions.

For full details from each inspection and on the Immediate Final Order, access the documents here.

“Insects and animals like roaches, rodents, and cats, can contribute to the distribution of toxins and microorganisms that can cause severe illness and even death in some cases,”  stated Dr. Matthew Curran, Director of the FDACS Division of Food Safety. “The FDACS Division of Food Safety works every day to protect consumers, and ensure they are not exposed to harmful pathogens or chemicals.”

For photos from the inspections and the Immediate Final Order issue, click here.

Immediate Final Order: Following the June 24, 2020 follow-up focused inspection, the Department’s Director of the Division of Food Safety, Dr. Matthew Curran, determined that the continued operation of Adolphe Take Out Restaurant & Supermarket, Inc’s Miami store presents an immediate danger to public health, safety, and welfare. Today, inspectors visited the business and issued an Immediate Final Order to cease all operations without delay. Closure notices were attached to each entrance.

Next Steps: Adolphe cannot re-open until they remedy all violations noted by FDACS’s Division of Food Safety and receive approval from the Department. Now that final order has been issued, the case will continue to be reviewed to determine further administrative action.

For Consumers: FDACS’s Division of Food Safety is responsible for assuring the public of a safe food supply through the permitting and inspection of food establishments inspection of food products and performance of specialized laboratory analysis on a variety of food products sold or produced in the state. Food establishments are inspected and food products are sampled routinely for consumer safety.

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