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New Lee's Live Poultry Market

Address: 122 Greenpoint Ave, Brooklyn, NY 11222
Establishment No.: p4734

USDA Inspection Report: 18 Jun 2011

Code: 03J02
Violation: 381.66(b), 381.66(c)(1), 417.2(c)(4), 417.5(b), 417.5(c)

Citation: At approximately 0610 hrs, while performing an 01B02, CSI and SPHV found the following non-compliance: In cooler #1, three out of five Buddhist chicken carcasses sampled were found to be over 40 degrees F using the plant's thermometer (found to be at 44, 45, and 46 degrees). These chickens were located in a large metal tank with ice in the middle of cooler #1. This tank was retained with U.S. Retained Tag No. B38264246. Carcasses in the rest of the containers in this cooler were sampled and found to be less than 40 degrees. The two thermometers located in cooler #1 read 52 degrees for cooler air temperature. Upon further inspection, three out of five non-eviscerated long island duck carcasses sampled in a large metal tank in cooler #2 were found to be over 40 degrees (46, 45, and 43 degrees). This container was retained with U.S. Retained Tag No. B38264251. This is a non-compliance with 381.66(b) which states, "Eviscerated poultry to be shipped from the establishment in packaged form shall be maintained at 40 degrees F or less." and 381.66(c)(3) which states, "Previously chilled poultry carcasses and major portions must be maintained constantly at 40 degrees F or below until removed from vats or tanks for immediate packaging." Sanitation Manager was immediately notified of the temperature non-compliance and observed the temperature taking. Production Supervisor was then immediately verbally notified. There was no thermometer located in cooler #2 to read ambient temperature. Other containers of product in this cooler were found to hold product less than 40 degrees. Upon review of the plant's HACCP records, it was found that Lot #5 for Carcass Chill Log for Buddhist Chicken (Form# HACCP-01) on 6/17 had a time-in of 0920 hrs to indicate what time the carcasses entered the chill tank, but no Time out was recorded to indicate that the product reached 40 degrees or less before exiting the chill tank. The plant's Buddhist Poultry HACCP plan states [redacted]. In the Hazard Analysis (page 13), it states, "[redacted] ." Additionally, there is no HACCP record to show monitoring of the "[redacted] ," which is used for the long island duck (Form# HACCP-05), since 6/8/11. The plant's Raw Not Ground HACCP plan states that [redacted]. This is the fifth NR for the same cause issued in the past three weeks: NR 0021-2011 on 5/21 for all product held overnight found to be at 50 to 55 degrees F at 0615 hrs. NR 0022-2011 on 5/21 for packing young chickens at 45 degrees F at 0815 hrs. NR 0023-2011 on 5/31 for giblets held overnight found to be at 45 degrees F at 0615 hrs. NR 0025-2011 on 6/4 for product held overnight found to be over 40 degrees at 0605 hrs. Previous ineffective corrective actions have been that for two weeks starting 6/13, Mr. will be coming on a daily basis in the evening to check the coo


381.66(b) General chilling requirements, except for ratites. (1) All poultry that is slaughtered and eviscerated in the official establishment shall be chilled immediately after processing so that the internal temperature is reduced to 40 F. or less, as provided in paragraph (b)(2) of this section unless such poultry is to be frozen or cooked immediately at the official establishment. Eviscerated poultry to be shipped from the establishment in packaged form shall be maintained at 40 F. or less, except that during further processing and packaging operations, the internal temperature may rise to a maximum of 55 F.: Provided, That immediately after packaging, the poultry is placed under refrigeration at a temperature that will promptly lower the internal temperature of the product to 40 F. or less, or the poultry is placed in a freezer. Poultry which is to be held at the plant in packaged form in excess of 24 hours shall be held in a room at a temperature of 36 F. or less.

381.66(c)(1) Ice and water chilling. (1) Only ice produced from potable water may be used for ice and water chilling, except that water and ice used for chilling may be reused in accordance with 416.2(g). The ice must be handled and stored in a sanitary manner.

417.2(c)(4) List the procedures, and the frequency with which those procedures will be performed, that will be used to monitor each of the critical control points to ensure compliance with the critical limits;

417.5(b) Each entry on a record maintained under the HACCP plan shall be made at the time the specific event occurs and include the date and time recorded, and shall be signed or initialed by the establishment employee making the entry.

417.5(c) Prior to shipping product, the establishment shall review the records associated with the production of that product, documented in accordance with this section, to ensure completeness, including the determination that all critical limits were met and, if appropriate, corrective actions were taken, including the proper disposition of product. Where practicable, this review shall be conducted, dated, and signed by an individual who did not produce the record(s), preferably by someone trained in accordance with 417.7 of this part, or the responsible establishment official.


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