MARION COUNTY PUBLIC HEALTH DEPARTMENT; a division of the Health and Hospital Corporation of Marion County

DEPARTMENT OF FOOD AND CONSUMER SAFETY

4701 N. Keystone Ave., 5th Floor Suite 500, Indianapolis, IN 46205
Fax Number: (317) 221-3070

Food Service Establishment Inspection Report

Purpose: Establishment ID#: FCS-CMP21-00639

Non-illness Complaint Name: CHUCK'S MARKET

Address: 5209 MASSACHUSETTS AVE
INDIANAPOLIS, IN 46218

Original Complaint:

Consumer states the market is selling grass and vegetable seed and where it is stored is teeming with mice. States that
the area where cold cuts are sold is very near the seed storage area. They also reported seeing mouse droppings
throughout the market and very unclean floors.

Recheck Date:

Violation: Critical - 410 IAC 7-24: 109 | Ceasing operations, reporting, and resumption STATUS: OUT

of operations (critical)

Violation Description: Establishment is infested with mice.

(a) Except as specified in subsection (b), the owner or operator of the retail food
establishment shall immediately discontinue operations and notify the regulatory authority if
an imminent health hazard may exist because of an emergency, such as the following: (1)
Fire (2) Flood (3) An extended interruption of electrical or water service (4) A sewage
backup (5) A misuse of poisonous or toxic materials (6) An onset of an apparent foodborne
illness outbreak (7) A gross insanitary occurrence or condition (8) Other circumstances. (c)
If operations are discontinued as specified under this section or otherwise according to law,
the retail food establishment shall obtain approval from the regulatory authority before
resuming operations.
Corrective Action: Exterminate mice. Facility must close until all mice are exterminated and a final inspection is
performed by the health department.

Facility must discontinue operations in the event of an imminent health hazard.

Violation: Noncritical - 410 IAC 7-24: 116 | Preventing health hazards: provisions for STATUS: OUT

conditions not addressed (non-critical)

Violation Description: One employee had nose exposed while wearing a mask.

(a) If necessary to protect against public health hazards or nuisances, the regulatory
authority may temporarily impose specific requirements in addition to the requirements
contained in this rule that are authorized by law. (b) The regulatory authority shall document
the conditions that necessitate the imposition of additional requirements and the underlying
public health rationale. The documentation shall be provided to the retail food
establishment, and a copy shall be maintained in the regulatory authority’s file for the retail
food establishment.
Corrective Action: Per Public Health Order 9-2021 All employees and customers must wear a mask properly
covering nose and mouth.

Eliminate conditions that create a public health hazard or nuisance.

 CHUCK'S MARKET
5/28/2021 12:05:00PM - 02:45 PM 04:00 PM

Violation: Critical - 410 IAC 7-24: 204 | Miscellaneous sources of contamination STATUS: OUT

(critical)

Violation Description: Found mice droppings in the grass seed bins, peanuts boxes and bins, beans containers,
onions bins, lettuce box, under the onions at sales floor, and under the chips at sales floor.

(a) Food shall be protected from contamination that may result from a factor or source not
specified under section 151, 168, 170 through 181, 200, 201, 203, 234, 236, 245 through
247, 249, or 260 of this rule. (b) For purposes of this section, a violation of subsection (a) is
a critical or noncritical item based on the determination of whether or not the violation
significantly contributes to food contamination, an illness, or an environmental health
hazard.
Corrective Action: Discard all contaminated foods. Provide an itemized list of the foods discarded to provide
you with a disposition of condemned items.

Protect from contamination.

Violation: Critical - 410 IAC 7-24: 295 | Equipment food-contact surfaces, STATUS: OUT

nonfood-contact surfaces, and utensils (critical)

Violation Description: 1. Found mice droppings inside seed and peanut boxes in seed room.

2. Found mice droppings under green mats on produce stand at sales floor.

3. Found mice droppings on shelves under chips at sales floor.

(a) Equipment food-contact surfaces and utensils shall be clean to sight and touch. (b) The
food-contact surfaces of cooking equipment and pans shall be kept free of encrusted
grease deposits and other soil accumulations.
Corrective Action: Remove mice droppings. Clean and sanitize all surfaces.

Ensure equipment food-contact surfaces, utensils and cooking equipment are clean to sight
and touch.

Violation: Noncritical - 410 IAC 7-24: 295 | Equipment food-contact surfaces, STATUS: OUT

nonfood-contact surfaces, and utensils (noncritical)

Violation Description: 1. Mop sink is soiled with standing water.

2. Wooden shelving units are soiled and have spider webs underneath in seed room.

(c) Nonfood-contact surfaces of equipment shall be kept free of an accumulation of: (1)
dust; (2) dirt; (3) food residue; and (4) other debris; and shall be cleaned at a frequency
necessary to preclude accumulation of soil residue.
Corrective Action: Keep clean as necessary.

Violation: Noncritical - 410 IAC 7-24: 324 | Plumbing system maintained in good repair STATUS: OUT

(non-critical)

Violation Description: Mop sink is clogged.

(a)(2) A plumbing system shall be maintained in good repair. For purposes of this section, a
violation of subsection (a)(2) is a critical or noncritical item based on the determination of
whether or not the violation significantly contributes to food contamination, an illness, or
environmental health hazard.
Corrective Action: Repair plumbing system.
 CHUCK'S MARKET
5/28/2021 12:05:00PM - 02:45 PM 04:00 PM

Violation: Noncritical - 410 IAC 7-24: 413 | Protected outer openings STATUS: OUT

Violation Description: Back door in seed room is not properly sealed on all sides.

(a) Except as specified in this section, outer openings of a retail food establishment shall be
protected against the entry of insects and rodents by: (1) filling or closing holes and other
gaps along floors, walls, and ceilings; (2) closed, tight-fitting windows; and (3) solid,
self-closing, and tight-fitting doors. (b) Subsection (a) does not apply if a retail food
establishment opens into: (1) a larger structure, such as a mall, airport, or office building; or
(2) an attached structure, such as a porch; and the outer openings from the larger or
attached structure are protected against the entry of insects and rodents. (c) External
emergency exit doors that are: (1) solid and tight-fitting when closed; and (2) restricted from
nonemergency use; do not need to have a self-closing device installed. (d) Except as
specified in subsections (b) and (e), if the windows or doors of a retail food establishment, or
of a larger structure within which a retail food establishment is located, are kept open for
ventilation or other purposes or a temporary retail food establishment is not provided with
windows and doors as specified under subsection (a), the openings shall be protected
against the entry of insects and rodents by: (1) sixteen (16) mesh to one (1) inch screens;
(2) properly designed and installed air curtains; or (3) other effective means. (e) Subsection
(d) does not apply if flying insects and other pests are absent due to the location of: (1) the
establishment; (2) the weather; or (3) other limiting conditions.
Corrective Action: Seal door to prevent pest entry.

Protect outer openings using approved methods.

Violation: Critical - 410 IAC 7-24: 415 | Controlling pests STATUS: OUT

Violation Description: The whole establishment is infested with mice. Found mice droppings in the food in the
seed and produce room, under shelves and on produce shelves at sales floor, inside the
walk in cooler, in the deli area, and back room.

(a) The presence of insects, rodents, and other pests shall be controlled to minimize their
presence on the premises by: (1) routinely inspecting incoming shipments of food and
supplies; (2) routinely inspecting the premises for evidence of pests; (3) using methods, if
pests are found, such as trapping devices or other means of pest control as specified under
section 441, 449, or 450 of this rule; and (4) eliminating harborage conditions.
Corrective Action: Exterminate mice. Have pest control out for service immediately. Owner stated Triple A pest
control comes out every other week. They will need to be out at least every week until mice
are exterminated.

Control pests through integrated pest management.

Violation: Noncritical - 410 IAC 7-24: 431 | Physical structures; restrictions and STATUS: OUT

frequency of cleaning

Violation Description: Found mice droppings on floors under shelves in seed room, mop sink area, deli area, walk
in cooler, back room, and sales floor.

(a) The physical facilities shall be cleaned as often as necessary to keep them clean. (b)
Cleaning shall be done during periods when the least amount of food is exposed, such as
after closing. This requirement does not apply to cleaning that is necessary due to a spill or
other accident.
Corrective Action: Clean as often as necessary, restricting cleaning times to times when the least amount of
food is exposed.
 CHUCK'S MARKET
5/28/2021 12:05:00PM - 02:45 PM 04:00 PM

Violation: - Chapter 19: 19-304(a) | Health or Safety Hazard STATUS: OUT

Violation Description: Establishment is infested with mice.

An owner or occupant may not allow the condition of any inhabited or unoccupied premises
to cause or produce any health or safety hazard.
Corrective Action: Establishment will need to close until all mice are exterminated and a final inspection is
performed by the health department.

Violation: - Chapter 19: 19-304(b) | Harborage Conditions STATUS: OUT

Violation Description: Establishment is infested with mice.

(b) An owner or occupant may not allow the condition of any inhabited or unoccupied
premises to cause or produce conditions in which rodents, mosquitoes, and vectors have
food, shelter, or a breeding place.
Corrective Action: Exterminate mice.

Inspection Comments * COS = Corrected on site

Found mice droppings in the food and all over the shelves and floors including inside walk in cooler. Establishment
will need to close and exterminate all mice from the premises. Have pest control out at least every week until mice
are exterminated.

You cannot re-open until a final inspection is performed by the health department.

Call me at 317-671-2292 when all pests are exterminated.

Provide an itemized list of all discarded foods and products so I can give you a disposition of condemned articles.

Violations noted on this inspection report could result in license suspension and/or legal action. You are entitled to an administrative hearing on this
matter. A written request must be filed with the legal department, 3838 North Rural Street, Indianapolis, Indiana 46205, within 10 business days of the
issuance of this notice.

05/28/2021
(317) 221-2260
02:45 PM - 04:00 PM
Date and Time of Inspection Chuck Eurince Clements Telephone
Person Interviewed Environmental Health Specialist
CHUCK'S MARKET FS_FoodInspectionReport.rpt- Last Mod Dt: 6/2/2021
 Notification of License Suspension
Department of Food And Consumer Safety
4701 N. Keystone Ave., 5th Floor Suite 500
Indianapolis, IN 46205
Fax: (317) 221-3070

Date: 05/28/2021

Owner: DOR-MAS INC

d/b/a: CHUCK'S MARKET

Address: 5209 MASSACHUSETTS AVE, INDIANAPOLIS, IN 46218

City, State, Zip Code: INDIANAPOLIS, IN 46218

The above described establishment is being operated in violation of Indiana Code § 16-42-5 or 410
IAC 7.
"Pursuant to Sec. 21-301 of the Code of the Health and Hospital Corporation of Marion County,
Establishment License number FCS-CMP21-00639 is suspended.

Continued operation of this establishment with a suspended license could result in court action
pursuant to Indiana Code § 36-1-6-4.

Notification of Opportunity for an Administrative Hearing

You may request an administrative hearing on this notice of violation. A written request
must be filed with the Health and Hospital Corporation of Marion County within ten (10)
business days of the issuance of this notice of violation.

All requests should be mailed to: Legal Department

3838 North Rural Street
Indianapolis, IN 46205

05/28/2021 2:45 pm
(Date of Inspection) (Time of Inspection)

Eurince Clements
Environmental Health Specialist

Chuck
Person Interviewd