6/10/2009 BOARD OF HEALTH Minutes

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TOWN OF MASHPEE BOARD OF HEALTH # PUBLIC SESSION Minutes of the Meeting of Wednesday, June 10, 2009 Board Members Present: Members'Absent: Also Present; Lucy Burton, Chairman Burton Kaplan, Co-Chairman Glen Harrington: Kalliope EglofF, Cleric Health Agent Veronica Warden, Assistant Health Agent 5 Chairman Lucy Burton called the meeting to order at 7:1 .PM APPOINTMENTS 7:15 PSA Robert Cantania - Wicked FSC Pizza - Food code Violation Per Assistant Health Agent Veronica Warden, on April 17, 200 9, the H received a food-borne illness complaint for the Wicked FSC Pita establishment. The complainants stated that after eating at Wicked ed Fire Kissed Pizza the night before, both husband and wife became ill with fearer, diarrhea and vomiting. On April 17, 2009 at 3 PIH Assistant Health Agent Veronica Warden visited the restaurant to inform lir. Cantania of the complaint and asked to perform a food establishment inspection of the facility. Mr. Catania failed to allow Ms. Warden, the appointed regulatory authority, access into the food establishment to inspect the establishment and provide the necessary information to determine whether the establishment is in compliance wilth the Food Code to which the Board of Health is entitled, according to lave, which is to direct violation of the Federal Food Code 590.000, section -402-11. The BH seat an 'Aorier letter" dated 4122109 to Mr. Catania, ordering him to appear before the B H meeting on 5113109 to show cause as to why he had denied access into the food establishment by an appointed regulatory authority. her. Cataria requested that the appointment be continued until the 130H meeting on /10/09. Robert Cantania, manager of Wicked FIS Pizza,.and Eric Pezzulo, Executive Chef at the restaurant, introduced themselves to the Board. Mr. Catania stated that no customers from the night before had complained to the restaurant, and he questioned the validity of the complaint to the Board of Health. Mr. Cantania stated that the Health Agent's attitude was that there was a problem that needed to be investigated to determine what Wicked Pizza was doing wrong. Mr. Cantania stated that he felt he was being accused of being guilty until proven innocent. Nor. Cantania felt that there was no.proof-that Wicked Piza was doing something wrong, and was reluctant to allow Health Agent Veronica Warden to proceed with an inspection of the restaurant. Lucy Burden stated that when anyone comes into the Board of Health to say that they ate at a Mashpee restaurant, it is the obligation of the Board of Health to follow up on that complaint with an inspection. The Health Agents are highly trained to consider all possible aspects of the situation as to why the customers may have gotten sick. Mr. Cantania's defensive attitude toward the Health Agents request to inspect the restaurant resulted in the Health Agent leaving the restaurant without conducting the food establishment inspection. Mr. Cantania therefore was it violation of the Federal Food Code 590.000: section B-402-1 1. Lucy Burton stated that-the right to access is the core issue here, not the cleanliness of the licked Pizza kitchen. Lucy Burton mace a motion, based on the information available for the record on file, to fine Wicked Fly Pizza $100 for refusal to allow the health agent to conduct a food inspection at the restaurant on April 17, 2009. #calliope Egloff seconded the motion. All approved.