Another Health Inspection Failed at Uncle Giuseppe's

Uncle Giuseppe's failed another health inspection last week at its Smithtown store, cited for two critical health issues related to a broken display case that resulted in food rising to unsafe temperatures, according to the state's Department of Agriculture and Markets.

While the critical issues, which trigger a failure, were less severe compared to past failed inspections, they did result in the store's ninth failure since 2005, and its second in a row.

RELATED: Uncle Giuseppe's Routinely Fails Health Inspections

According to the state, which inspects grocery stores, markets, supermarkets and mini-marts across New York, inspectors who showed up unannounced on April 11 found assorted sandwiches and wraps with internal temperatures around 54 degrees, as well as rice balls and mozzarella made in-store with temperatures above 60 degrees. While the food was not destroyed, it was rapidly chilled before inspectors left.

Uncle Giuseppe's spokesman Juda Engelmayer said the problem stemmed from a malfunctioning display unit that was actually being repaired when inspectors arrived.

"As a result of two cooling display cases with escaping refrigerant, the units were not keeping proper temperature. As the Inspection states, the units were serviced on the spot and achieved proper operating temperatures for food storage," Engelmayer said in an email.

But the store was also flagged for 32 general deficiencies that are not considered heath risks but represent issues with cleanliness and store practices that could lead to a health hazard.

For example, food workers were seen storing cleaners on deli counters and drinking an open beverage in a deli sandwich prep area; inspectors found three issues with hand washing sinks; shrimp was being thawed in standing water; a panini grill was found crusted with food; and a few surface and containers showed wear and tear.

The store was also cited for canolis with internal temperatures above 48 degrees, a general deficiency that was far less severe than what inspectors found on Sept. 27, 2012, when state workers destroyed nearly five pounds of canolis and other cream-filled pastries found with internal temperatures above 64 degrees.

According to the state, Uncle Guiseppe's will be reinspected within 60 days. The store has also been fined $4,800 since 2009.

Englemayer said there was little the store could do to avoid the recent failure, with the exception being emptying the case out altogether.

"From experience, the best bet is to have it serviced fast, and keep doors closed to retain temp. If you know it will be a while you have to empty it," he said.

Since Smithtown Patch published news about Uncle Guiseppe's history of failed inspections, the chain said it has made efforts to clean up its act, which included hiring an internal quality control manager.

RELATED: Uncle Giuseppe's Hopes to Clean Up Its Aisles

"Uncle Giuseppe's has several employees enrolled in the Suffolk County Food Managers Course 2013, with three from Smithtown being part of the contingent from the family of markets," he said, adding that state inspectors told the store on Monday that they have noticed the market's efforts to make a turnaround. But a continued pattern of failure could undo those efforts.

With the latest inspection, Uncle Giuseppe's Smithtown store has now failed as many inspections as it has passed since 2005 at nine failures and nine passes. On seven occasions inspectors were called to the store after shoppers complained that food, from raw chicken to prepared quiche, made them sick, including one July 2011 incident where a woman filed a complaint with the Suffolk County Department of Health alleging prepared lasagna and eggplant she bought gave her a bout of campylobacteriosis, a painful food-borne bacterial infection that can cause vomiting and bloody diarrhea in the worst cases.

State Sen. Jeff Klein, D-Bronx/Westchester, has introduced a bill in Albany that aims to set up a three-strikes system to close repeat offenders.

“Since 2000, the department has hired additional inspectors and is inspecting supermarkets more frequently,” the bill reads. “But far too many stores are still being allowed to fail four or more inspections before being closed down.”

UNCLE GIUSEPPE'S FULL INSPECTION RESULTS FROM APRIL 11

Critical Deficiencies:

• Assorted sandwiches and wraps in the deli sandwich case are stored at internal temperature of 54°F for less than 2 hours. Product rapidly chilled to less than 45°F during inspection.
• Rice balls and store made mozzarella cheese are stored in retail cases at internal temperatures of 60°F for less than two hours. Product rapidly chilled to less than 45°F

• Handwash facility in the deli department near door to kitchen is observed to have soiled/unclean surfaces.
• Handwash facility in prepared foods kitchen is observed to lack a sanitary drying device.
• The supply line for the handwash sink in the deli counter area is leaking.
• Establishment has insufficient space to accommodate operations with food and/or non-food items stored directly against wall in the dairy walk in box, small walk in freezer, frozen food walk in box and rear stock area hampering proper inspection and cleaning.
• Floor near prepared foods kitchen exit has cracked surfaces containing pooling water.
• Electrical line hanging in the salad prep room has a buildup of mildew.
• Fan covers in the meat walk in box, bakery box and produce box are dust laden.
• Meat room ceiling has loose/broken tiles.
• Dust and/or spillage noted on floors in the rear stock area, compactor room, small walk in freezer, and under retail shelves.
• Food workers in the deli counter area are not taking precautions to prevent contamination of foods as follows: Bottles of spray cleaners are stored on counter in exposed food areas.
• Food worker in the deli department is observed wearing insecure jewelry.
• Food workers are drinking beverage in the deli sandwich prep area and in the kitchen area as indicated by open water bottles.
• Cannolis in bakery display case have an internal temperature of 48°F.
• Food items in the retail dairy case are stored over load lines and/or on top of refrigeration vents.
• Food ingredient containers in the bakery department are not properly identified.
• Employee jackets were noted stored in cabinets in deli department and were not segregated from food use materials.
• Frozen shrimp are being improperly thawed in standing water in seafood department.
• Establishment fails to maintain up to date holding time records for pizza pies.
• Establishment fails to maintain accurate production records for chicken. Record lacks year and is not up to date.
• Panini grill has a moderate build-up of dried food residues on food contact surfaces.
• Non-food contact surfaces of meat band saw have accumulations of dried food residues.
• Non-food contact surfaces of deli slicers in the deli department and the cheese
• Cutting boards in the deli department and in the produce department are not properly maintained as follows: Boards are scored.
• Work table under white poly boards in the kitchen area are not properly maintained as follows: Table top is rusted.
• Knife in the salad prep area is not properly maintained as follows: knife is stored wedged between the wall and table.
• Plastic covers in the bakery walk in box are not properly maintained as follows: Covers are ripped.
• Thermometers are not provided in the salad prep room, small walk in freezer and retail seafood case.
• Unused bakery tins in the rear stock area are soiled.
• Shelves in the retail dairy case have a buildup of food spillage.
• Packaging trays in the produce prep room are improperly stored right side up
• Outside dumpster/compactor area is improperly maintained with an accumulation of spilled refuse and stagnant water.
• Morgue area in the dairy walk in box is not adequately identified or segregated.