GEORGIA DEPARTMENT OF PUBLIC HEALTH
Food Service Establishment Inspection Report
Establishment Name:  Agave' Restaurant
Address:  242 Boulevard SE
City:  Atlanta Time In:  03 :  30 PM Time Out:  05 :  35 PM
Inspection Date:    06/18/2024   CFSM:   Mark Smith (exp. 7/10/2024)
Purpose of Inspection:    Routine    Followup    Initial   
     Issued Provisional Permit    Temporary     
Risk Type:   1   2   3 Permit#:  1-16910
Risk Factors are food preparation practices and employee behaviors most commonly reported to the Centers for Disease Control and Prevention as contributing factors in foodborne illness outbreaks. Public Health Interventions are control measures to prevent illness or injury. Good Retail Practices are preventive measures to control the introduction of pathogens, chemicals, and physical objects into foods.
Last Score

90
Grade

A
Date

10/26/23
Prior Score

92
Grade

A
Date

03/06/23
CURRENT SCORE CURRENT GRADE
 
69
  
U
SCORING AND GRADING:     A=90-100    B=80-89    C=70-79    U≤69

FOODBORNE ILLNESS RISK FACTORS AND PUBLIC HEALTH INTERVENTIONS
(Mark designated compliance staus (IN, OUT, NA, or NO) for each numbered item. For items marked OUT, mark COS or R for each item as applicable.)

IN=in compliance    OUT=not in compliance    NO=not observed    NA=not applicable    COS=corrected on-site during inspection      R=repeat violation of the same code provision=2 points
Compliance Status COS R
1 IN OUT NA NO Supervision 4 points
  circle circle     1-2A. PIC present, demonstrates knowledge, performs duties circle circle
  circle circle circle   1-2B. Certified Food Protection Manager circle circle
2 IN OUT NA NO Employee Health, Good Hygienic Practices, Preventing Contamination by Hands 9 points
  circle circle     2-1A. Proper use of restriction & exclusion circle circle
  circle circle   circle 2-1B. Hands clean and properly washed circle circle
  circle circle circle circle 2-1C. No bare hand contact with ready-to-eat foods or approved alternate method properly followed circle circle
  4 points
  circle circle     2-2A. Management knowledge, responsibilities, reporting circle circle
  circle circle   circle 2-2B. Proper eating, tasting, drinking, or tobacco use circle circle
  circle circle   circle 2-2C. No discharge from eyes, nose, and mouth circle circle
  circle circle     2-2D. Adequate handwashing facilities supplied & accessible circle circle
  circle circle     2-2E. Response procedures for vomiting & diarrheal events circle circle
3 IN OUT NA NO Approved Source 9 points
  circle circle     3-1A. Food obtained from approved source circle circle
  circle circle circle circle 3-1B. Food received at proper temperature circle circle
  circle circle     3-1C. Food in good condition, safe, and unadulterated circle circle
  circle circle circle circle 3-1D. Required records: shellstock tags, parasite destruction circle circle
4 IN OUT NA NO Protection From Contamination 9 points
  circle circle circle circle 4-1A. Food separated and protected circle circle
  circle circle     4-1B. Proper disposition of returned, previously served, reconditioned, and unsafe food circle circle
  4 points
  circle circle circle   4-2A. Food stored covered circle circle
  circle circle circle   4-2B. Food-contact surfaces: cleaned & sanitized circle circle
 
Compliance Status COS R
5 IN OUT NA NO Cooking and Reheating of TCS Foods, Consumer Advisory 9 points
  circle circle circle circle 5-1A. Proper cooking time and temperatures circle circle
  circle circle circle circle 5-1B. Proper reheating procedures for hot holding circle circle
    4 points
  circle circle circle   5-2. Consumer advisory provided for raw and undercooked foods circle circle
6 IN OUT NA NO Holding of TCS Foods, Date Marking of TCS Foods 9 points
  circle circle circle circle 6-1A. Proper cold holding temperatures circle circle
  circle circle circle circle 6-1B. Proper hot holding temperatures circle circle
  circle circle circle circle 6-1C. Proper cooling time and temperature circle circle
  circle circle circle circle 6-1D. Time as a public health control: procedures and records circle circle
    4 points
  circle circle circle circle 6-2. Proper date marking and disposition circle circle
7 IN OUT NA NO Highly Susceptible Populations 9 points
  circle circle circle   7-1. Pasteurized foods used: Prohibited foods not offered circle circle
8 IN OUT NA NO Chemicals 4 points
  circle circle circle   8-2A. Food additives: approved and properly used circle circle
  circle circle     8-2B. Toxic substances properly identified, stored, used circle circle
9 IN OUT NA NO Conformance with Approved Procedures 4 points
  circle circle circle   9-2. Compliance with variance, specialized process and HACCP plan circle circle
GOOD RETAIL PRACTICES
(Mark the numbered item OUT, if not in compliance. For items marked OUT, mark COS or R for each item as applicable. R = Repeat Violation of the same code provision = 1 point)
Good Retail Practices are preventive measures to control the introduction of pathogens, chemicals, and physical objects into foods.
Compliance Status COS R
10 OUT Safe Food and Water, Food Identification 3 points
  circle 10A. Pasteurized eggs used where required circle circle
  circle 10B. Water and ice from approved source circle circle
  circle 10C. Variance obtained for specialized processing methods circle circle
  circle 10D. Food properly labeled; original container circle circle
11 OUT Food Temperature Control 3 points
  circle 11A. Proper cooling methods used: adequate equipment for temperature control circle circle
  circle 11B. Plant food properly cooked for hot holding circle circle
  circle 11C. Approved thawing methods used circle circle
  circle 11D. Thermometers provided and accurate circle circle
12 OUT Prevention of Food Contamination 3 points
  circle 12A. Contamination prevented during food preparation, storage, display circle circle
  circle 12B. Personal cleanliness circle circle
  circle 12C. Wiping cloths: properly used and stored circle circle
  circle 12D. Washing fruits and vegetables circle circle
13 OUT Postings and Compliance with Clean Air Act 1 point
  circle 13A. Posted: Permit/Inspection/Choking Poster/Handwashing circle circle
  circle 13B. Compliance with Georgia Smoke Free Air Act circle circle
 
Compliance Status COS R
14 OUT Proper Use of Utensils 1 point
  circle 14A. In-use utensils: properly stored circle circle
  circle 14B. Utensils, equipment and linens: properly stored, dried, handled circle circle
  circle 14C. Single-use/single-service articles: properly stored, used circle circle
  circle 14D. Gloves used properly circle circle
15 OUT Utensils, Equipment and Vending 1 point
  circle 15A. Food and nonfood-contact surfaces cleanable, properly designed, constructed, and used circle circle
  circle 15B. Warewashing facilities: installed, maintained, used; test strips circle circle
  circle 15C. Nonfood-contact surfaces clean circle circle
16 OUT Water, Plumbing and Waste 2 points
  circle 16A. Hot and cold water available; adequate pressure circle circle
  circle 16B. Plumbing installed; proper backflow devices circle circle
  circle 16C. Sewage and waste water properly disposed circle circle
17 OUT Physical Facilities 1 point
  circle 17A. Toilet facilities: properly constructed, supplied, cleaned circle circle
  circle 17B. Garbage/refuse properly disposed; facilities maintained circle circle
  circle 17C. Physical facilities installed, maintained, and clean circle circle
  circle 17D. Adequate ventilation and lighting; designated areas used circle circle
18 OUT Pest and Animal Control 3 points
  circle 18. Insects, rodents, and animals not present circle circle
Person in Charge (Signature)   (Print)   Jacob sobel Date:   06/18/2024
Inspector (Signature)  
Follow-up: YES circle   NO circle
Follow-up Date:  
Food Establishment Inspection Report Addendum
Violations cited in this report must be corrected within the time frames specified below, or as stated in the Georgia Department of Public Health Rules and Regulations Food Service Chapter 511-6-1, Rule .10 subsections (2)(h) and (i).
Establishment
Agave' Restaurant		 Permit #
1-16910		 Date
06/18/2024
Address
242 BOULEVARD SE 		City/State
ATLANTA GA		 Zipcode
30312
TEMPERATURE OBSERVATIONS
Item/Location Temp Item/Location Temp Item/Location Temp
Cold Holding, Main Kitchen, Cooler, Chicken, Raw chicken 40.0 ° F Cold Holding, Main Kitchen, Cooler, Fish/Seafood, Lobster tail 40.0 ° F Cold Holding, Main Kitchen, Cooler, Ethnic, Guac 36.0 ° F
Cold Holding, Main Kitchen, Prep Top Cooler, Fish/Seafood, Mussels 44.0 ° F Cold Holding, Main Kitchen, Prep Top Cooler, Fish/Seafood, Crawfish 52.0 ° F Cold Holding, Main Kitchen, Prep Top Cooler, Pork, Sausage 40.0 ° F
Cold Holding, Main Kitchen, Prep Top Cooler, Cheese, Shredded cheese 48.0 ° F Cold Holding, Main Kitchen, Walk in Cooler, Tomatoes, Pico 44.0 ° F Cold Holding, Main Kitchen, Walk in Cooler, Fish/Seafood, Shrimp 44.0 ° F
Cold Holding, Main Kitchen, Walk in Cooler, Fish/Seafood, Tuna 39.0 ° F Cold Holding, Main Kitchen, Walk in Cooler, Chicken, Chicken breast 49.0 ° F Cold Holding, Main Kitchen, Walk in Cooler, Beef, Steak 46.0 ° F
Cold Holding, Main Kitchen, Walk in Cooler, Ambient, 50.0 ° F Reheat, Main Kitchen, Steam Well, Rice, @4:03 127.0 ° F Reheat, Main Kitchen, Steam Well, Rice, @3:40 93.0 ° F
Hot Holding, Main Kitchen, Steam Well, Pasta, Mac and cheese 140.0 ° F Hot Holding, Main Kitchen, Steam Well, Rice, 148.0 ° F Receiving, Main Kitchen, Walk in Cooler, Eggs, 49.0 ° F
Item
Number		 OBSERVATIONS AND CORRECTIVE ACTIONS
1-2B Violation of Code: [511-6-1-.03(3)(d)] Observed several violations during inspection of food safety providing evidence of lack of execution of duty by CFSM.  New Violation.
3-1B Violation of Code: [511-6-1.04(3)(a)] Observed failure to receive food items at proper temperatures.
Observed Sysco delivery of food items upon checking raw shelled egg temperature was registered at 50F.
3. Raw eggs shall be received in refrigerated equipment that maintains an ambient air temperature of 45°F (7°C) or less. P
PIC shall check rest of delivery and discard any out of temperature items  New Violation. Correct By: 06/21/2024
3-1D Violation of Code: [511-6-1.04(3)(l)] Observed failure to maintain in the facility shippers tags for shell stock sold.
Observed facility serving mussels without the appropriate documentation of the origin.
(l) Shellstock, Maintaining Identification.

1. Except as specified under paragraphs 3 (ii) of this subsection, shellstock tags shall remain attached to the container in which the shellstock are received until the container is empty. Pf

2. The date when the last shellstock from the container is sold or served shall be recorded on the tag or label. Pf

3. The identity of the source of shellstock that are sold or served shall be maintained by retaining shellstock tags or labels for 90 calendar days from the date that is recorded on the tag or label, as specified under paragraph 2 of this subsection, by: Pf

(i) Using an approved record keeping system that keeps the tags or labels in chronological order correlated to the date when, or dates during which, the shellstock are sold or served; and

(ii) If shellstock are removed from their tagged or labeled container:

(I) Preserving source identification by using a record keeping system that keeps the tags or labels in chronological order correlated to the date when, or dates during which, the shellstock are sold or served, Pf and

(II) Ensuring that shellstock from one tagged or labeled container are not commingled with shellstock from another container with different certification numbers; different harvest dates; or different growing areas as identified on the tag or label before being ordered by the consumer. PF
PIC shall discard shell stock  New Violation. Correct By: 06/28/2024
   
   
   
   
   
   
Person in Charge (Signature)    Date: 06/18/2024
Inspector (Signature) John Anthony Jean Date: 06/18/2024
Food Establishment Inspection Report Addendum
Violations cited in this report must be corrected within the time frames specified below, or as stated in the Georgia Department of Public Health Rules and Regulations Food Service Chapter 511-6-1, Rule .10 subsections (2)(h) and (i).
Establishment
Agave' Restaurant		 Permit #
1-16910		 Date
06/18/2024
Address
242 BOULEVARD SE 		City/State
ATLANTA GA		 Zipcode
30312
Item
Number		 OBSERVATIONS AND CORRECTIVE ACTIONS
3-1D Violation of Code: [511-6-1.04(5)(e)] Observed failure to provide evidence of parasite destruction for fish products served raw.
Observed raw tuna as a menu item with no documentation of parasite destruction.
e) Parasite Destruction.

1. Before service or sale in ready-to-eat form, raw, raw-marinated, partially cooked, or marinated-partially cooked fish shall be:

(i) Frozen and stored at a temperature of 4°F (-20°C) or below for a minimum of 7 days (168 hours) in a freezer; P(ii) Frozen at 31°F ( 35°C) or below until solid and stored at 31°F ( 35°C) or below for a minimum of 15 hours; P or

(iii) Frozen at 31°F ( 35°C) or below until solid and stored at 4°F (-20°C) or below for a minimum of 24 hours. P

2. The requirement in paragraph 1 of this subsection does not apply to:

(i) Molluscan shellfish;

(ii) A scallop product consisting only of the shucked adductor muscle;

(iii) Tuna of the species Thunnus alalunga, Thunnus albacares (Yellowfin tuna), Thunnus atlanticus, Thunnus maccoyii (Bluefin tuna, Southern), Thunnus obesus (Bigeye tuna), or Thunnus thynnus (Bluefin tuna, Northern); or

(iv) Aquacultured fish, such as salmon, that:

(I) If raised in open water, are raised in net-pens, or

(II) Are raised in land-based operations such as ponds or tanks, and

(III) Are fed formulated feed, such as pellets, that contains no live parasites infective to the aquacultured fish.

(v) Fish eggs that have been removed from the skein and rinsed.
PIC shall cease sale of menu item, tuna may be served only in a fully cooked state  New Violation. Correct By: 06/21/2024
4-2A Violation of Code: [511-6-1.04(4)(c)1(iv)] Observed failure to maintain food protected from potential overhead contamination.
Observed spaghetti and meat sauce stored in walk-in cooler with no coverings.
(iv) Except as specified under paragraph 2. of this subsection and when cooling as specified in DPH Rule 511-6-1-.04(6)(e)2.(ii), storing the food in packages, covered containers, or wrappings, except for loosely covered or uncovered containers in which food is being cooled if protected from overhead contamination;
PIC covered foods  Corrected On-Site.  New Violation.
4-2B Violation of Code: [511-6-1.05(7)(a)1] Observed failure to maintain food contact surfaces clean to sight and touch.
Observed build up on the plastic baffle of ice machine.
(7) Cleaning of Equipment and Utensils.

(a) Equipment, Food-Contact Surfaces, and Utensils.

1. Equipment food-contact surfaces and utensils shall be clean to sight and touch. Pf.
PIC shall burn ice at end of service to deep clean machine  New Violation. Correct By: 06/28/2024
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
Person in Charge (Signature)    Date: 06/18/2024
Inspector (Signature) John Anthony Jean Date: 06/18/2024
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Food Establishment Inspection Report Addendum
Violations cited in this report must be corrected within the time frames specified below, or as stated in the Georgia Department of Public Health Rules and Regulations Food Service Chapter 511-6-1, Rule .10 subsections (2)(h) and (i).
Establishment
Agave' Restaurant		 Permit #
1-16910		 Date
06/18/2024
Address
242 BOULEVARD SE 		City/State
ATLANTA GA		 Zipcode
30312
Item
Number		 OBSERVATIONS AND CORRECTIVE ACTIONS
5-2 Violation of Code: [511-6-1-.04(7)(e)] Observed failure to provide in writing on the menu the warning for the consumption of raw or undercooked meats leading to potential illness.
Observed sashimi tuna and ceviche on the menu without an advisory.
1. Except as specified in subsections (5)(a)3, and (5)(a)(iv), and (9)(a)3 of this Rule, if an animal food such as beef, eggs, fish, lamb, pork, poultry, or shellfish is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, either in ready-to-eat form or as an ingredient in another ready-to-eat food, the permit holder shall inform consumers of the significantly increased risk of consuming such foods by way of a disclosure and reminder, as specified in paragraphs 2 and 3 of this subsection using brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means. The disclosure and reminder statements shall be worded in legible type in all capital letters and no smaller than font size #8, or if displayed on a menu board shall be printed no smaller than the smallest lettering used for a menu item. Pf

2. Disclosure shall include:
(i) A description of the animal-derived foods, such as “oysters on the half shell (raw oysters),” “rawegg Caesar salad,” and “hamburgers (can be cooked to order);” Pf or
(ii) Identification of the animal-derived foods by asterisking them to a footnote that states that the items are served raw or undercooked, or contain (or may contain) raw or undercooked ingredients. Pf

3. The reminder shall include asterisking the animal-derived foods requiring disclosure to a footnote that states:

(i) Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness; Pf or
(ii) Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions. Pf
PIC shall provide new menus to include advisory  New Violation. Correct By: 06/28/2024
6-1A Violation of Code: [511-6-1.04(6)(f)] Observed failure to maintain several potentially hazardous foods at or below 41F.
. Except during preparation, cooking, or cooling, or when time is used as the public health control, time/temperature control for safety food shall be maintained at 41°F (5°C) or below
PIC discarded foods  Corrected On-Site.  New Violation.
14A Violation of Code: [511-6-1.04(4)(k)] Observed failure to properly store in use utensils in between uses.
Observed scoops being stored with the handles in the food.
(k)Storage of In-Use Utensils. During pauses in food preparation or dispensing, food preparation and
dispensing utensils shall be stored:

1.Except as specified under paragraph 2 of this subsection, in the food with their handles above the top of the food and the container;
PIC removed scoop  Corrected On-Site.  New Violation.
Remarks Quats 3 comp sink 300ppm
Chlorine dish machine 100ppm
Person in Charge (Signature)    Date: 06/18/2024
Inspector (Signature) John Anthony Jean Date: 06/18/2024
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