Cypress Creek Produce in Apollo Beach

Last inspected:

6024 Us Hwy 41 N, Apollo Beach, FL 33572
Overview

Cypress Creek Produce in Apollo Beach received a stop-sale order on April 11, 2025 for adulterated products obtained from an unapproved source under FS 500.04 and FS 500.10. The facility simultaneously received a stop-use order for warewashing facility violations including missing or non-functional test strips. The same inspection date documented 13 violations during a permit sanitation inspection, primarily intermediate-priority citations for missing designated person in charge, inadequate employee health reporting procedures, deficient person-in-charge knowledge of foodborne illness prevention, lack of written vomiting and diarrheal event procedures, and unavailable food temperature measuring device. The facility was operating without a valid food permit at the time of inspection. This represents the only inspection on record.

Summary generated from Florida FDACS public inspection records.

1FDACS Insp.
13Violations
2Stop-Sale Orders

Last inspected FDACS:

Cypress Creek Produce in Apollo Beach: FDACS Inspection History (1)

Inspections conducted by the Florida Department of Agriculture and Consumer Services (FDACS), which oversees grocery stores, convenience stores, bakeries, food manufacturers, mobile vendors, and vending machines.

— 1 inspection
— Operating Without a Valid Food Permit - Met Sanitation Inspection· 13 violations· 2 stop-sale orders· Operating Without Permit

Inspector: PATRICIA DIAZ, ENVIRONMENTAL SPECIALIST II

Comments: When citations have been corrected and initialed, an electronic copy of the completed report may be emailed to [email protected]. Please note each observation that has been corrected. Thank you for submitting your food establishment permit application. To complete the application process, you must remit payment in full. To expedite the processing of your food permit application, electronic online payment is available at https://foodpermit.fdacs.gov. Follow the instructions on the portal page for payment processing. Payment by check or money order is also accepted, but must be made payable to FDACS and remitted to Florida Department of Agriculture and Consumer Services, PO Box 6720, Tallahassee, FL 32314-6720. Please note that payment by check or money order may delay the processing of your food permit application. Permit fees must be paid in full before your application can be processed further. Failure to pay any permit fees in full will result in the denial of your permit and you may be subject to administrative penalties if you are found operating without a valid food permit, which is a violation of Section 500.12(1)(a), Florida Statutes. If you are found to be in violation of this provision, the Department may impose up to a $5,000.00 fine against you and/or seek administrative action to close your business. The Minimum Construction Standards checklist has been used in accordance with 500.12(2)(a) Florida Statutes by the food safety inspector to determine compliance before obtaining a food permit. Visit conducted per request # 5129616.. Stop Use Order issued. Food establishment can visit https://foodpermit.fdacs.gov or contact the Business Center at (850) 245-5520 when corrections have been made and/or when required documents have been obtained to request food safety inspector visit for written release of equipment. Failure to comply with the request for written release may or will result in Administrative Action. STOP-USE ORDER ISSUED FOR ALL PROCESSING/F0OD SERVICE UTENSILS AND EQUIPMENT. ESTABLISHMENT MAY NOT PROCESS OR SERVE ANY EXPOSED FOODS UNTIL A WAREWASHING SINK AND

Risk-Based Violations

2-101.11 No designated person in charge present at the establishment during all hours of operation. 2-101.11 PfPf
Designated person in charge not present. o
2-103.11(O) Person in charge does not ensure food employees and conditional employees are informed in a verifiable manner of their responsibility to report to the person in charge information about their health and activities as they relate to diseases that are transmissible through food. 2-103.11(O) PfPf
Employees not informed in a verifiable manner of their responsibility to report to the person in charge information about their health as it relates to foodborne illnesses. Employee reporting agreement document provided to person in charge.
2-102.11(C)(2)-(3) Person in charge does not correctly respond to questions that relate to preventing transmission of foodborne disease by a food employee who has a disease or medical condition that may cause foodborne disease, can not describe symptoms associated with diseases that are transmissible through food, or can not explain how to comply with reporting responsibilities and exclusion or restriction of food employees. 2-102.11(C)(2)-(3) and (17) PfPf
Person in charge does not correctly respond to questions relating to foodborne illness. Employee health guide reviewed with and provided to person in charge. o
2-501.11 Establishment does not have written procedures for employees to follow when responding to an event that involves the discharge of vomitus or diarrhea onto surfaces at the food establishment, or procedures do not address specific actions employees must take to minimize the spread of contamination and the exposure of employees, consumers, food, and surfaces to vomitus or fecal matter. 2-501.11 PfPf
Establishment does not have written procedures for employees to follow when responding to vomiting and diarrheal events. Required components for written procedures reviewed with person in charge.
6-301.14 Sign or poster notifying food employees to wash their hands not provided at all handwashing sinks used by food employees, or handwashing signage not clearly visible to food employees. 6-301.14
Restroom: Signage notifying employees to wash hands not provided at hand washing sink. Industry sign provided to person in charge.
3-201.11(C) Packaged food not labeled from the source as specified in law, including 21 CFR 101, 9 CFR 317, and 9 CFR 381. 3-201.11(C) PfPf
Retail area: Coconut bars not labeled from source and purchased from establishment that does not have a food permit. Stop-sale order issued for coconut bars.
95 Establishment does not have a certified food protection manager who has passed a test through a recognized accredited program. 5K-4.021(1), F.A.C.
Food establishment does not have a certified food protection manager.

Good Retail Practice Violations

4-302.12 Food temperature measuring device not provided or not readily accessible for use in ensuring food temperatures are attained and maintained; or food temperature measuring device with a suitable small-diameter probe not provided or not readily accessible to accurately measure the temperature in thin foods. 4-302.12 Pf
Probe thermometer not available in establishment. No temperature violations observed during this visit.
4-204.11 Temperature measuring device sensor not located to measure the air temperature or a simulated product temperature in the warmest part of a mechanically refrigerated unit or in the coolest part of a hot food storage unit; cold or hot holding equipment used for time/temperature control for safety food not equipped with at least one integral or permanently affixed temperature measuring device that is located to allow easy viewing of the temperature display; or temperature measuring device not designed to be easily readable. 4-204.112(A), (B) and (D)
Retail area: Thermometers to measure air temperature not provided in dairy cooler or sprouts cooler.
4-301.12(A)-(C) Sink with at least 3 compartments, that are large enough to accommodate immersion of the largest equipment or utensil, not provided for manually washing, rinsing, and sanitizing equipment and utensils; or a warewashing machine or alternative equipment as specified in the Food Code not used for washing, rinsing, and sanitizing equipment or utensils that are too large for the warewashing sink. 4-301.12(A)-(C) Pf
Warewashing sink not provided for the washing of equipment and utensils holding unpackaged foods (dry rice and beans) for sell by the pound. Stop- Use order issued for all processing/food service utensils and equipment.
6-202.14 Toilet room located inside the food establishment not completely enclosed or not provided with a tight-fitting self-closing door. 6-202.14
Restroom: Door is not self-closing.
6-501.16 After use, mop not placed in a position that allows air-drying without soiling walls, equipment or supplies. 6-501.16
Backroom: Wet mop not hung to dry.
99 The food establishment is operating without a valid food permit. 500.12, F.S., 5K-4.020(2), F.A.C. The food establishment shall complete the permitting process within 10 days. Contact the Business Center at (850) 245-5520 for further assistance.
Establishment found to be operating without a food permit. o A Supplemental Report was also issued during the visit which includes important information for management.

Stop-Sale Orders & Supplemental Actions

STOP SALE ORDER

Reason: FS 500.04; FS 500.10 Adulterated.* Approved Source: Food obtained from approved source. Comments: To request a Food Safety Inspector visit for written release when appropriate documentation has been obtained, contact the Business Center at (850) 245-5520 or [email protected].

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Quantity: Size of Packages: · Total Weight:

STOP USE ORDER

Reason: FS 500; FAC 5K-4 Violation of Florida Food Law.* Utensils, Equipment and Vending: Warewashing facilities: installed, maintained, and used; test strips. Comments: To request a Food Safety Inspector visit for written release when corrections have been made for request release of equipment, contact the Business Center at (850) 245-5520 or [email protected]. Print Date: 4/11/2025 Page 1 of 2 When the department or its duly authorized agent finds, or has probable cause to believe, that any food or food-processing equipment is in violation of this chapter or any rule adopted under this chapter so as to be dangerous, unwholesome, fraudulent, or insanitary within the meaning of this chapter, an agent of the department may issue and enforce a stop-sale, stop-use, removal, or hold order, which order gives notice that such article or processing equipment is, or is suspected of being, in violation and has been detained or embargoed and which order warns all persons not to remove, use, or dispose of such article or processing equipment by sale or otherwise until permission for removal, use, or disposal is given by the department or the court. It is unlawful for any person to remove, use, or dispose of such detained or embargoed article or processing equipment by sale or otherwise without such permission in accordance with 500.172 (1) Florida Statutes. AN ADMINISTRATIVE HEARING IS AVAILABLE FOR ALL ORDERS, NOTICES, AND REPORTS IN THIS SUPPLEMENTAL REPORT If you wish to contest the Department's action, you have the right to request an administrative hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes and to be represented by counsel or other qualified representative. Your request for hearing must contain: 1. Your name, address, and telephone number, and facsimile number (if any). 2. The name, address, and telephone number, and facsimile number of your attorney or qualified representative (if any) upon whom service of pleadings and other papers shall be made. 3. A statement that you are requesting an administrative hearing and dispute the material facts alleged by the department, in which case you must identify the material facts that are in dispute (formal hearing), or that you request an administrative hearing and that you do not dispute the facts alleged by the department (informal hearing). 4. A statement of when (date) you received the Notice and the file number of this Notice. Your request for a hearing must be received at the address shown on this Notice within twenty-one (21) days of receipt of this Notice. If you fail to obtain a Release from this Notice or fail to request an administrative hearing within the twenty-one (21) day deadline you waive your right to a hearing and the Department may enter a Final Order imposing up to the maximum penalties as authorized by Florida Law. HEARING WAIVER AND WAIVER OF RIGHTS I, _____________________________________________________ the person in charge of Cypress creek produce hereby waive a notice and a hearing as provided in Chapter 120, Florida Statutes and waive all rights as provided on the last page of this report. ____________________________________________ (Signature) ACKNOWLEDGEMENT I acknowledge receipt of a copy of this document. (Signature of FDACS Representative) (Signature of Representative) PATRICIA DIAZ, ENVIRONMENTAL SPECIALIST II ANDREW BURGESS, EMPLOYEE Print Name and Title FDACS-14325 Rev. 07/13 Print Date: 4/11/2025 Page 2 of 2

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Cypress Creek Produce in Apollo Beach: Stop-Sale & Stop-Use Orders (2)

Products placed under stop-sale or stop-use order by FDACS inspectors. Stop-sale orders prohibit the sale of food that is adulterated, mislabeled, or poses a health risk.

FDACS stop-sale and stop-use orders for Cypress Creek Produce in Apollo Beach
DateOrder TypeProductBrand/LotReason
STOP SALE ORDER Number of Packages: FS 500.04; FS 500.10 Adulterated.* Approved Source: Food obtained from approved source. Comments: To request a Food Safe…
STOP USE ORDER Number of Packages: FS 500; FAC 5K-4 Violation of Florida Food Law.* Utensils, Equipment and Vending: Warewashing facilities: installed, mai…

Cypress Creek Produce in Apollo Beach: Frequently Asked Questions

When was Cypress Creek Produce in Apollo Beach last inspected?
Cypress Creek Produce in Apollo Beach was last inspected by the Florida Department of Agriculture and Consumer Services (FDACS) on April 11, 2025. Inspection type: Operating Without a Valid Food Permit - Met Sanitation Inspection.
How many inspections has Cypress Creek Produce in Apollo Beach had?
Cypress Creek Produce in Apollo Beach has 1 FDACS food safety inspection(s) on record from January 2022 to present.
What did the most recent FDACS inspection of Cypress Creek Produce in Apollo Beach find?
Cypress Creek Produce in Apollo Beach was most recently inspected by FDACS on April 11, 2025 (Operating Without a Valid Food Permit - Met Sanitation Inspection).
Has Cypress Creek Produce in Apollo Beach had any stop-sale or stop-use orders?
Yes, Cypress Creek Produce in Apollo Beach has 2 stop-sale or stop-use enforcement action(s) on record with Florida FDACS.
What are the most common violations at Cypress Creek Produce in Apollo Beach?
The most frequently cited FDACS violations at Cypress Creek Produce in Apollo Beach are: 2-101.11: No designated person in charge present at the establishment during all hours of operation. 2-101.11 Pf; 2-103.11(O): Person in charge does not ensure food employees and conditional employees are informed in a verifiable manner of their responsibility to report to the person in charge information about their health and activities as they relate to diseases that are transmissible through food. 2-103.11(O) Pf; 2-102.11(C)(2)-(3): Person in charge does not correctly respond to questions that relate to preventing transmission of foodborne disease by a food employee who has a disease or medical condition that may cause foodborne disease, can not describe symptoms associated with diseases that are transmissible through food, or can not explain how to comply with reporting responsibilities and exclusion or restriction of food employees. 2-102.11(C)(2)-(3) and (17) Pf.

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