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Environmental Public Health

ORDER OF AN EXECUTIVE OFFICER


NOTICE OF CLOSURE

To: 2257252 Alberta Ltd.


“the Owner”

Yihong (Daniel) Lyu


“the Owner”

Rousi (Rose) Wang


“the Manager”

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RE: The food establishment located in Calgary, Alberta and municipally described as:
PurrTea
#104 1851 Sirocco Drive 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;
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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
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hinder in any manner the prevention or suppression of disease, namely:

a. A staff member continued to accept a customer’s order after a verbal Executive Officer’s
closure order was issued.

b. The back kitchen handwashing sink was obstructed by cleaning supplies and a box of food.
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c. All food processing equipment and utensils in storage were dirty with debris.

d. Used cleaning cloths were stored on food preparation surfaces and at the back kitchen
handwashing sink.

e. A processed avocado was stored at room temperature without any means of temperature
control. The avocado measured 11.0 degrees Celsius.

f. A spray bottle containing a cleaner was not labeled to indicate its content.

g. A bottle of chlorine sanitizer was measured above 200ppm. The sanitizing solution was
dirty.

h. Chicken was reheated to an internal temperature of 65 degrees Celsius.

i. An opened can of evaporated milk was stored in a cooler. The can showed signs of
oxidation.
Order of an Executive Officer – Notice of Closure
RE: The Food Establishment located in Calgary, Alberta and municipally described as: 104 1851 Sirocco Drive SW
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j. Rice from the day before was left in the rice cooker. The rice measured 18 degrees
Celsius.

k. Water had accumulated under the front kitchen handwashing sink. Mould growth and
insects such as flies and spiders were observed in this area.

l. Cleaning equipment was stored against the back kitchen handwashing sink.

m. Personal items were stored throughout the kitchen.

n. Measuring cups and food containers were stored below a paper towel dispenser.

o. Caulking at the front kitchen handwashing sink was mouldy and had disintegrated.

p. The entire premises was filthy with dust, food debris and grime. This includes but is not
limited to cupboards, shelves, food preparation surfaces, ceilings, walls, floors and food

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equipment.

q. Paper labels on food containers were water damaged with tape peeling off.

r. There was tape on the handle of the sliding door cooler.


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s. Dirty single-use lids were stored on a shelf. A single-use bag with food debris was found in
a cupboard.
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t. There was an extensive accumulation of grease and dust on the ventilation system, which
was last serviced professionally in April 2021.

u. Debris and moisture had accumulated along the edges of the grease interceptor cover.

v. Food equipment such as pans and strainers were stored on the floor under the two
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compartment sink.

w. The mop sink did not have adequate separation from storage of dry foods.

x. The dry storage room was cluttered.

y. Some foods were uncovered in the dry storage room.

z. Packaged foods were stored on the floor of the kitchen and dry storage room.

aa. A fan was heavily contaminated with dust.

bb. Food handlers demonstrated a lack of knowledge in food safety.

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:
Order of an Executive Officer – Notice of Closure
RE: The Food Establishment located in Calgary, Alberta and municipally described as: 104 1851 Sirocco Drive SW
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a. A staff member continued to accept a customer’s order after a verbal executive officer’s
closure order was issued. This is in contravention of the Public Health Act RSA 2000,
section 71: No person shall obstruct, molest, hinder or interfere with a person in the
execution of any duty imposed or in the exercise of any power conferred on the person by
this Act or the regulations.

b. The back kitchen handwashing sink was obstructed by cleaning supplies and a box of food.
This is in contravention of the Food Regulation AR 31/2006, section 17 (1) (e), which states
that: An operator must ensure that, before operation of the commercial food establishment
commences, the commercial food establishment has handwashing stations that are
adequately in number and situated so as to ensure convenient access by all food handlers.

c. All food processing equipment and utensils in storage were dirty with debris. This is in
contravention of the Food Regulation AR 31/2006, section 28 (2), 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

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contamination.

d. Used cleaning cloths were stored on food preparation surfaces and at the back kitchen
handwashing sink. This is in contravention of the Food Regulation AR 31/2006, section 28
(2), 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
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condition and, without limiting the foregoing, must be washed and sanitized in a manner
that removes contamination.
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e. A processed avocado was stored at room temperature without any means of temperature
control. The avocado measured 11.0 degrees Celsius. This is in contravention of the Food
Regulation AR 31/2006, section 25 (1) (a) (b), which states that: All high risks food must be
stored, displayed and transported at a temperature of not more than 4°C or such higher
temperature, or not less than 60°C or such lower temperature.
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f. A spray bottle containing a cleaner was not labeled to indicate its content. This is in
contravention of the Food Regulation AR 31/2006, section 20 (2) (a), which states that: All
chemicals, cleansers and other similar agents associated with or required for the operation
or maintenance of the food areas must be stored in containers that are intended to be used
to store food and that are clearly labelled to identify their contents.

g. A bottle of chlorine sanitizer was measured above 200ppm. The sanitizing solution was
dirty. This is in contravention of the Food Regulation AR 31/2006, section 28 (2), 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.

h. Chicken was reheated to an internal temperature of 65 degrees Celsius. This is in


contravention of the Food Regulation AR 31/2006, section 24, which states that: All food
handling in a commercial food establishment must be done in a manner that makes the
food safe to eat.
Order of an Executive Officer – Notice of Closure
RE: The Food Establishment located in Calgary, Alberta and municipally described as: 104 1851 Sirocco Drive SW
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i. An opened can of evaporated milk was stored in a cooler. The can showed signs of
oxidation. This is in contravention of the Food Regulation AR 31/2006, section 23 (2),
which states that: Subject to any procedure involved in disposing of it that is otherwise in
accordance with the law, food that has become contaminated or otherwise unfit for human
consumption must not be served, offered for sale, processed, packaged, displayed or
stored for human consumption.

j. Rice from the day before was left in the rice cooker. The rice measured 18 degrees
Celsius. This is in contravention of the Food Regulation AR 31/2006, section 25 (1) and 28
(2), which states that: All high risks food must be stored, displayed and transported at a
temperature of not more than 4°C or such higher temperature, or not less than 60°C or
such lower temperature. 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.

k. Water had accumulated under the front kitchen handwashing sink. Mould growth and

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insects such as flies and spiders were observed in this area. This is in contravention of the
Food Regulation AR 31/2006, section 17 (1) (f) (ii), 21 (a) and 28 (2), which states that: An
operator must ensure that, before operation of the commercial food establishment
commences, the commercial food establishment is connected to a lawful and properly
operating sewage disposal system. Subject to subsection (1.1), a commercial food
establishment must be kept free of pests and of conditions that lead to the harbouring or
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breeding of pests. 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
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removes contamination.

l. Cleaning equipment was stored against the back kitchen handwashing sink. This is in
contravention of the Food Regulation AR 31/2006, section 20 (1): All articles and materials
in a commercial food establishment that are not associated with or required for the
operation or maintenance of the food areas must be stored separately from the food and
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the food areas and in a manner that contaminates neither.

m. Personal items were stored throughout the kitchen. This is in contravention of the Food
Regulation AR 31/2006, section 20 (1): All articles and materials in a commercial food
establishment that are not associated with or required for the operation or maintenance of
the food areas must be stored separately from the food and the food areas and in a
manner that contaminates neither.

n. Measuring cups and food containers were stored below a paper towel dispenser. This is in
contravention of the Food Regulation, AR 31/2006, section 28 (3), which states that: All
equipment and utensils in a commercial food establishment must be maintained in a
manner that ensures the safe and sanitary handling of food.

o. Caulking at the front kitchen handwashing sink was mouldy and had disintegrated. This is
in contravention of the Food Regulation, AR 31/2006, section 17 (1) (a), which states that:
An operator must ensure that, before operation of the commercial food establishment
commences, the commercial food establishment is of sound construction and in a good
state of repair.
Order of an Executive Officer – Notice of Closure
RE: The Food Establishment located in Calgary, Alberta and municipally described as: 104 1851 Sirocco Drive SW
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p. The entire premises was filthy with dust, food debris and grime. This includes but not
limited to cupboards, shelves, food preparation surfaces, ceilings, walls, floors and food
equipment. This is in contravention of the Food Regulation AR 31/2006, section 28 (2),
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.

q. Paper labels on food containers were water damaged with tape peeling off. This is in
contravention of the Food Regulation AR 31/2006, section 28 (2), 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.

r. There was tape on the handle of the sliding door cooler. This is in contravention of the

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Food Regulation AR 31/2006, section 28 (3), which states that: All equipment and utensils
in a commercial food establishment must be kept in good working order and condition.

s. Dirty single-use lids were stored on a shelf. A single-use bag with food debris was found in
a cupboard. This is in contravention of the Food Regulation AR 31/2006, section 28 (4) (a),
which states that: Single service utensils must not be used more than once.
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t. There was an extensive accumulation of grease and dust on the ventilation system, which
was last serviced professionally in April 2021. This is in contravention of the Food
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Regulation AR 31/2006, section 17 (1) (f) (iv), which states that: An operator must ensure
that, before, operation of the commercial food establishment commences, the commercial
food establishment is equipped with a properly operating means of providing ventilation to
food handling areas that are subject to the generation or accumulation of odours, fumes,
steam, vapours, smoke or excessive heat.
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u. Debris and moisture had accumulated along the edges of the grease interceptor cover.
This is in contravention of the Food Regulation AR 31/2006, section 28 (2), 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.

v. Food equipment such as pans and strainers were stored on the floor under the two
compartment sink. This is in contravention of the Food Regulation AR 31/2006, section 28
(2), 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.

w. The mop sink did not have adequate separation from storage of dry foods. This is in
contravention of the Food Regulation AR 31/2006, section 23 (1) (a), which states that: All
food used or to be used in a commercial food establishment must be protected from
contamination.
Order of an Executive Officer – Notice of Closure
RE: The Food Establishment located in Calgary, Alberta and municipally described as: 104 1851 Sirocco Drive SW
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x. The dry storage room was cluttered. This is in contravention of the Food Regulation AR
31/2006, section 28 (3) (b): All equipment and utensils in a commercial food establishment
must be maintained in a manner that ensures the safe and sanitary handling of food.

y. Some foods were uncovered in the dry storage room. This is in contravention of the Food
Regulation AR 31/2006, section 23 (1) (a), which states that: All food used or to be used in
a commercial food establishment must be protected from contamination.

z. Packaged foods were stored on the floor of the kitchen and dry storage room. This is in
contravention of the Food Regulation AR 31/2006, section 23 (1) (a), which states that: All
food used or to be used in a commercial food establishment must be protected from
contamination.

aa. A fan was heavily contaminated with dust. Some foods were uncovered in the dry storage
room. This is in contravention of the Food Regulation AR 31/2006, section 23 (1) (a), which
states that: All food used or to be used in a commercial food establishment must be

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protected from contamination.

bb. Food handlers demonstrated a lack of knowledge in food safety. This is in contravention of
the Food Regulation AR 31/2006, section 31 (1), 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
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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.
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AND WHEREAS, by virtue of the foregoing, the above noted premises are hereby declared to be
Closed.

NOW THEREFORE, I hereby ORDER and DIRECT:


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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. Cease all food production and incoming inventory until an Alberta Health Services,
Executive Officer confirms that this order has been complied with and the food
establishment is fit for re-opening.

b. Remove items that obstructed the handwashing sink. Handwashing sinks must be
accessible at all times.

c. Clean and sanitize all food processing equipment, utensils and commonly touched
surfaces.

d. Store cleaning cloths in an approved sanitizer solution between uses.


Order of an Executive Officer – Notice of Closure
RE: The Food Establishment located in Calgary, Alberta and municipally described as: 104 1851 Sirocco Drive SW
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e. Store perishable foods including processed vegetables or fruits in a cooler at 4


degree Celsius or less.

f. Label all chemical bottles to indicate their contents.

g. Discard the dirty chlorine sanitizer, clean the spray bottle and use an approved
sanitizer such as 100 ppm chlorine.

h. Reheat perishable foods to a minimum temperature of 74 degree Celsius and verify


the temperature with a probe thermometer.

i. Discard the rusted can containing evaporated milk. Transfer food from opened cans
to food grade containers.

j. Discard rice. Keep perishable foods at 60 degree Celsius or higher during hot
holding.

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k. Remove the source of moisture under the front kitchen handwashing sink and
conditions that lead to harborage of pest. Remove mould by scrubbing surfaces
clean with soap and water and remove any water damaged porous or semi porous
materials. Ensure surfaces are smooth, non-absorbent to moisture and easy to
clean.
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l. Store cleaning equipment and personal items separate from food preparation or
food storage areas.
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m. Store food processing equipment and utensils in a sanitary manner away from any
possible sources of contamination.

n. Replace the caulking along the joints of the front kitchen handwashing sink.

o. Prepare, implement, and maintain a detailed written cleaning schedule to facilitate


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the proper cleaning of all areas of the food establishment, including equipment, and
structural surfaces. The cleaning schedule must include a list of all cleaning and
sanitizing agents used within the food establishment, all equipment to be cleaned
and the frequency of cleaning. The sanitation program must be submitted to an
Alberta Health Services Executive Officer for review.

p. Remove paper labels and tape from food containers.

q. Remove the tape on the cooler door handle and repair or replace the handle if it is
damaged.

r. Discard single-use food service supplies after use.

s. Professionally service the ventilation system and provide documentation of the work
completed to Alberta Health Services Executive Officer.

t. Clean and inspect the grease interceptor. Repair any deficiencies. Ensure the
grease interceptor is maintained according to the municipal bylaw.
Order of an Executive Officer – Notice of Closure
RE: The Food Establishment located in Calgary, Alberta and municipally described as: 104 1851 Sirocco Drive SW
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u. Store food equipment such as cookware off the floor.

v. Provide a minimum 5 feet washable partition on the side of the mop sink with a 10
feet clearance in the front.

w. Organize the dry storage room and remove items that are not required to operate
the food establishment.

x. Cover foods properly during storage.

y. Store all foods at least 6 inches off the floor.

z. Thoroughly clean the fan.

aa. A manager at this location must successfully complete an approved food safety
course. Owners of more than one food establishment must have a separate trained

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manager at each site.

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.
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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
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Public Health Act and regulations, or to prevent a public health nuisance.

DATED at Calgary, Alberta, February 16. 2022.

Confirmation of a verbal order issued to Rousi (Rose) Wang on February 15, 2022.
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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
Order of an Executive Officer – Notice of Closure
RE: The Food Establishment located in Calgary, Alberta and municipally described as: 104 1851 Sirocco Drive SW
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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: https://www.alberta.ca/health-standards-and-guidelines.aspx

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Calgary • Southport • Environmental Public Health

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


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www.albertahealthservices.ca/eph.asp
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