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Environmental Public Health

ORDER OF AN EXECUTIVE OFFICER


NOTICE OF CLOSURE

To: Pho Huong Viet Ltd


“the Owner”

Van Duong
“the Owner”

Thi Li
“the Owner”

Ling Hong Nguyen


“the Owner”

RE: The food establishment located in Calgary, Alberta and municipally described as:
Pho Huong Viet Restaurant
3855 17 Avenue SW

WHEREAS I, an Executive Officer of Alberta Health Services, have inspected the above noted
premises pursuant to the provisions of the Public Health Act, RSA 2000, c. P-37, as amended;

AND WHEREAS such inspection disclosed that the following conditions exist in and about the above
noted premises which are or may become injurious or dangerous to the public health or which might
hinder in any manner the prevention or suppression of disease, namely:

a. There was an infestation of cockroaches. Cockroaches were found on all glues boards in
front service area and storage room.
b. There were mouse droppings found underneath the front service cupboard.
c. Containers of cooked beef and chicken were stored at room temperature during lunch. The
chicken was measured at 12.0 degrees Celsius and beef was measured at 13.4 degrees
Celsius.
d. Heavy grease and stains were noted on cleaning cloths.
e. Containers of raw meat were stored above imitation crab meat and other ready-to-eat
foods.
f. Ice packs with labels were placed directly on bean sprouts, cucumbers, and carrots to keep
them cold and paint brush was used to apply butter to foods.
g. A cucumber was stored with tape, Polysporin and tools.
h. Foods were stored in non-food grade containers, broken colanders and other damaged
containers.
i. There were no covers on lights in the kitchen area.
j. There were gaps at the top and bottom of the back door screen curtain.
k. There was a build-up of food debris, grease, dirt, and/or debris in several areas of the
facility including, but not limited to: preparation cooler seal/gasket, order printer, can
opener, light switches, electrical cords and plugs, walk-in freezer floor, exhaust canopy and
Order of an Executive Officer – Notice of Closure
RE: The Food Establishment located in Calgary, Alberta and municipally described as: 3855 17 Avenue SW
Page 2 of 5

filters, kitchen entrance and back doors, underneath the dishwasher and sinks, front
service cupboard shelves, hot water tank room and outside garbage bin area.
l. The preparation cooler seal/gasket and knife handle were repaired with tape.
m. There were no food handlers on-site that had completed a safe food handling course.

AND WHEREAS such inspection disclosed that the following breaches of the Public Health Act and the
Food Regulation, Alberta Regulation 31/2006 and the Food Retail and Foodservices Code exist in and
about the above noted premises, namely:

a. There was an infestation of cockroaches. Cockroaches were found on all glues boards in
front service area and storage room. This is in violation of section 21(1) of the Food
Regulation, AR 31/2006 which states that: The commercial food establishment and any
surrounding area, premises or facilities supporting the commercial food establishment must
be kept free of pests and of conditions that lead to the harbouring or breeding of pests.

b. There were mouse droppings found underneath the front service cupboard. This is in
violation of section 21(1) of the Food Regulation, AR 31/2006 which states that: The
commercial food establishment and any surrounding area, premises or facilities supporting
the commercial food establishment must be kept free of pests and of conditions that lead to
the harbouring or breeding of pests.

c. Containers of cooked beef and chicken were stored at room temperature during lunch. The
chicken was measured at 12.0 degrees Celsius and beef was measured at 13.4 degrees
Celsius. This is in violation of section 25(1) of the Food Regulation, AR 31/2006 which
states that: All high-risk food must be stored, displayed and transported at a temperature of
(a) not more than 4°C or such higher temperature, or (b) not less than 60°C or such lower
temperature as an executive officer stipulates under subsection (4).

d. Heavy grease and stains were noted on cleaning cloths. This is in violation of section 28 (2)
of the Food Regulation, AR 31/2006, which states that: A commercial food establishment,
all equipment and utensils in it and all surfaces in it with which food comes into contact must
be maintained in a sanitary condition and, without limiting the foregoing, must be washed
and sanitized in a manner that removes contamination.

e. Containers of raw meat were stored above imitation crab meat and other ready-to-eat
foods. This is in violation of section 23(1) of the Food Regulation, AR 31/2006 which states
that: All food used or to be used in a commercial food establishment must be (a) protected
from contamination, and (b) handled in a sanitary manner.

f. Ice packs with labels were placed directly on bean sprouts, cucumbers, and carrots to keep
them cold and paint brush was used to apply butter to foods. This is in violation of section
18(a) of the Food Regulation, AR 31/2006 which states that: An operator must ensure that
all equipment and utensils used in the commercial food establishment and all surfaces in it
with which food comes into contact are entirely constructed or manufactured from materials
that are suitable for their intended purpose, durable, easily cleanable and free from any
undesirable substance.

g. A cucumber was stored with tape, Polysporin and tools. This is in violation of section 23(1)
of the Food Regulation, AR 31/2006 which states that: All food used or to be used in a
Order of an Executive Officer – Notice of Closure
RE: The Food Establishment located in Calgary, Alberta and municipally described as: 3855 17 Avenue SW
Page 3 of 5

commercial food establishment must be (a) protected from contamination, and (b) handled
in a sanitary manner.

h. Foods were stored in non- food grade containers, broken colanders and other damaged
containers. This is in violation of section 18(a) of the Food Regulation, AR 31/2006 which
states that: An operator must ensure that all equipment and utensils used in the
commercial food establishment and all surfaces in it with which food comes into contact are
entirely constructed or manufactured from materials that are suitable for their intended
purpose, durable, easily cleanable and free from any undesirable substance.

i. There were no covers on lights in the kitchen area. This is in violation of section 23(1) of
the Food Regulation, AR 31/2006 which states that: All food used or to be used in a
commercial food establishment must be (a) protected from contamination, and (b) handled
in a sanitary manner.

j. There were gaps at the top and bottom of the back door screen curtain. This is in violation
of section 17(2) of the Food Regulation, AR 31/2006 which states that: the operator must
ensure that the commercial food establishment is constructed to control the entry of pests.

k. There was a build-up of food debris, grease, dirt, and/or debris in several areas of the
facility including, but not limited to: preparation cooler seal/gasket, order printer, can
opener, light switches, electrical cords and plugs, walk-in freezer floor, exhaust canopy and
filters, kitchen entrance and back doors, underneath the dishwasher and sinks, front
service cupboard shelves, hot water tank room and outside garbage bin area. This is in
violation of section 28(2) of the Food Regulation, AR 31/2006 which states that: A
commercial food establishment, all equipment and utensils in it and all surfaces in it with
which food comes into contact must be maintained in a sanitary condition and, without
limiting the foregoing, must be washed and sanitized in a manner that removes
contamination.

l. The prep cooler sealant and knife handle were repaired with tape. This is in violation of
section 28(3) of the Food Regulation, AR 31/2006 which states that: All equipment and
utensils in a commercial food establishment must be (a) kept in good working order and
conditions, and (b) maintained in a manner that ensures the safe and sanitary handling of
food.

m. There were no food handlers on-site that had completed a safe food handling course This
is in violation of section 31 (1) of the Food Regulation, AR 31/2006, which states that: A
person operating a commercial food establishment must, at-any time when there are 5 or
fewer food handlers working on the premises, ensure that at least one individual who has
care and control of the commercial food establishment holds a certificate issued by the
Minister confirming that individual's successful completion of a food sanitation and hygiene
training program or a document that the Minister considers equivalent to such a certificate.

AND WHEREAS, by virtue of the foregoing, the above noted premises are hereby declared to be
Closed.

NOW THEREFORE, I hereby ORDER and DIRECT:


Order of an Executive Officer – Notice of Closure
RE: The Food Establishment located in Calgary, Alberta and municipally described as: 3855 17 Avenue SW
Page 4 of 5

1. That the Owner immediately close the above noted premises.

2. That the Owner immediately undertake and diligently pursue the completion of the following
work in and about the above noted premises, namely:

a. Hire a licensed pest control company to inspect, treat, and eradicate the food
premises of all pests, namely cockroaches and mice.
b. Provide a pest control report outlining completed treatments, control measures and
a future treatment plan to ensure all pests are eradicated.
c. Seal all cracks, crevices and openings around pipes.
d. Discard all open foods that came in contact with pest control chemicals/treatments.
e. Wash and sanitize all dishes, utensils and glasses after pest control treatments.
f. Clean and sanitize all equipment, food contact surfaces, floors, walls and ceiling
after pest control treatments.
g. Discard any cleaning cloths that were dirty with grease and stains. Use clean cloths
for cleaning food contact foods.
h. Store perishable foods at 4 degrees Celsius or below, or at 60 degrees Celsius or
higher.
i. Organize all refrigerated storage equipment so raw meats are stored below cooked
or ready-to-eat foods.
j. Discard all broken equipment, utensils, colanders and containers.
k. Discard containers and equipment that are not acceptable for food storage or food
contact.
l. Remove ice packs and do not store them on foods.
m. Clean the exterior garbage areas.
n. Provide a proper, tight fitting screen for the kitchen/rear door.
o. Install covers on the kitchen lights.
p. Repair and/or replace the preparation cooler’s seal/gasket and knife handle.
q. Ensure all food handlers take a basic food safety course.
r. Complete and resolve all items noted on the July 3, 2019 Compliance Review
summary letter, dated July 18, 2019.

3. That until such time as the work referred to above is completed to the satisfaction of an
Executive Officer of Alberta Health Services; the above noted premises shall remain
closed.

The above conditions were noted at the time of inspection and may not necessarily reflect all
deficiencies. You are advised that further work may be required to ensure full compliance with the
Public Health Act and regulations, or to prevent a public health nuisance.
Order of an Executive Officer – Notice of Closure
RE: The Food Establishment located in Calgary, Alberta and municipally described as: 3855 17 Avenue SW
Page 5 of 5

DATED at Calgary, Alberta, September 9, 2019.

Confirmation of a verbal order issued to Luan Nguyen on September 6, 2019.

Joan E. Fung, CPHI(C)


Executive Officer
Alberta Health Services

You have the right to appeal

A person who a) is directly affected by a decision of a Regional Health Authority, and


b) feels himself aggrieved by the decision

may appeal the decision by submitting a Notice of Appeal form within ten (10) days after receiving the order to:

Public Health Appeal Board


c/o Central Reception
Main Floor, ATB Place North Tower
10025 Jasper Avenue NW
Edmonton, Alberta, T5J 1S6
Phone: 780-222-5186
Fax: 780-422-0914
Email: HealthAppealBoard@gov.ab.ca
Website: https://www.alberta.ca/public-health-appeal-board.aspx

A Notice of Appeal form may be obtained by contacting Alberta Health Services at 780-342-0122 or by
contacting the Public Health Appeal Board.

Health Legislation, Regulations and Standards

Electronic versions of the Public Health Act and Regulations are available at the Alberta Queen's Printer
Bookstore 10611 - 98 Avenue, Main Floor, Park Plaza, Edmonton, Alberta, T5K 2P7 or www.qp.gov.ab.ca.

Health Legislation and regulations are available for purchase. Please contact Alberta Queen's Printer
Bookstore 10611 - 98 Avenue, Main Floor, Park Plaza, Edmonton, Alberta, T5K 2P7 or www.qp.gov.ab.ca.

Copies of standards are available by contacting the Health Protection Branch of Alberta Health at
780-427-4518 or by visiting: www.health.alberta.ca/about/health-legislation.html

Calgary • Southland Park III • Alberta Health Services – Environmental Public Health

10101 Southport Road SW, Calgary, AB, Canada T2W 3N2

www.albertahealthservices.ca/eph.asp

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