Ben and John's Shell in Jupiter

Last inspected:

400 W Indiantown Rd, Jupiter, FL 33458

Part of: Shell Florida health inspections, violations & closures

Overview

Ben and John's Shell in Jupiter had a sanitation inspection on November 1, 2024 that identified 22 violations, including four priority-level findings. An inspector documented raw shell eggs stored directly above ready-to-eat items in the walk-in cooler, hot-held foods (burritos, arepas, taquitos) measured at 118–125°F when the minimum required temperature is 135°F, cold-held items including chicken salad sandwich and tuna salad measured at 44–48°F when the maximum allowed is 41°F, and a creamer at the coffee station measured at 55°F. A hand washing violation was also cited after an employee washed hands for less than 20 seconds before handling exposed foods. Three stop-sale orders were issued on November 1, 2024 for adulterated time/temperature control for safety food (both cold-held and hot-held products) and for utensil and equipment violations. All affected products were voluntarily destroyed by management and witnessed by the inspector. Most violations were corrected on site during the inspection, including moving raw products to approved storage, discarding all non-compliant hot and cold foods, reviewing hand washing procedures with staff, and cleaning the deli slicer. A prior focused inspection on June 22, 2023 found no violations.

Summary generated from Florida FDACS public inspection records.

2FDACS Insp.
22Violations
3Stop-Sale Orders

Last inspected FDACS:

Ben and John's Shell in Jupiter: FDACS Inspection History (2)

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
— Met Sanitation Inspection Requirements· 22 violations· 3 stop-sale orders· Met Requirements

Inspector: 69451

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.

Risk-Based Violations

3-302.11(A)(1) Raw animal food not separated during storage, preparation, holding or display from ready-to-eat raw animal food, other raw ready-to-eat food, cooked ready-to-eat food, or fruits and vegetables before they are washed. 3-302.11(A)(1) PP
Backroom: Raw shell eggs stored with and directly above ready-to-eat items within walk-in cooler. COS: All raw products moved to approved location during visit. x
4-601.11(A) Equipment food-contact surface or utensil not clean to sight and touch. 4-601.11(A) PfPf
Food Service Area: Buildup of dried food debris on deli slicer. COS: Equipment was broken down and moved to 3 compartment sink during visit.
3-501.16(A)(1) Hot held time/temperature control for safety food not maintained at 135°F or above, or roast cooked or reheated to a temperature and for a time specified for cooking roast in the Food Code not hot held at 130°F or above. 3-501.16(A)(1) PP
Food Service Area: All hot foods (burrito, arepas, taquitos) probed with accurate thermometer with internal temperature of 118-125 degree F within hot case. COS: All items were voluntarily discarded during visit. Y x
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 are not informed of responsibility to report conditions related to health and activities for diseases that are transmittable through food. Industry documents provided.
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 is unable to answer all questions on employee health. Industry documents provided. Y o
3-501.16(A)(2) Cold held time/temperature control for safety food not maintained at 41°F or below. 3-501.16(A)(2) PP
Food Service Area: Chicken salad sandwich and tuna salad probed with accurate thermometer with internal temperature of 44-48 degree F within cooler. Retail: Creamer with internal temperature of 55 degree F at coffee station. COS: All items were voluntarily discarded during visit. Y x
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 PfPfRepeat
Establishment does not have written procedures on cleaning up of vomit and/or diarrhea events. Industry documents provided.
2-401.11 Employee eating, drinking or using tobacco where exposed food, clean equipment, utensils, and linens, unwrapped single service and single use articles or other items could become contaminated. 2-401.11
Food Service Area: Open bottle of water stored on prep table.
2-301.12 Food employee not cleaning hands, exposed portions of arms or prosthetic devices for at least 20 seconds or not using the following cleaning procedures: rinse under warm water, apply soap, rub together for 10-15 seconds, rinse under warm water, and thoroughly dry with paper towels or a hand drying device. 2-301.12 PP
Food Service Area: Employee hand washing was under 20 total seconds before working with exposed foods. COS: Reviewed hand washing procedures with employee and they correctly washed hands during visit. Print Date: 11/1/2024 Page 1 of 4 o x 6 Pf Citation Description: Food employee not cleaning hands in a handwash sink or approved automatic handwashing facility. Food employee cleaning hands in a sink used for food preparation or warewashing, or in a service sink. 2-301.15 Pf Observation: Food Service Area: Employees were washing hands within 3 compartment sink. COS: Reviewed hand washing procedure with employees which washed hands in correct sink during visit.
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
Backroom: Hand wash sign not posted within unisex restroom. Industry documents provided during visit.

Good Retail Practice Violations

3-501.15(B) Time/temperature control for safety food that is cooling is not loosely covered or uncovered to facilitate heat transfer from the surface of the food, or not arranged in equipment to provide maximum heat transfer through the container walls. 3-501.15(B)
Food Service Area: Cooling of in-store made sandwiches and salads tightly covered and wrapped within reach-in cooler.
3-305.11 Food not stored at least 6 inches above the floor; in a clean, dry location; or food stored where it is exposed to splash, dust or other contamination. 3-305.11
Backroom: Raw shell eggs in cardboard containers stored on floor within walk-in cooler. COS: All products moved to approved location during visit.
3-304.12(C)-(F) During pauses in food preparation or dispensing, utensil not stored on a clean portion of the food preparation table or cooking equipment; in running water of sufficient velocity to flush particles to the drain when used with moist foods; in a clean, protected location when used only with food that is not time/temperature control for safety food; or in a container of water maintained at 135°F or greater. 3-304.12(C)-(F)
Food Service Area: Utensils stored in container with still cool water. COS: Utensils were moved to 3 compartment sink and water discarded during visit.
4-904.11 Single-service or single-use articles handled, displayed or dispensed without protection from contamination of food- and lip-contact surfaces; single-service or single-use knives, forks or spoons not presented so that only the handles are touched by employees or consumers; or single-service or single-use articles that are intended for food- or lip-contact not furnished for consumer self-service with the original individual wrapper intact or from an approved dispenser. 4-904.11
Retail: Single-use straw stirrers not stored in method to prevent handling and contamination at coffee station.
4-903.11(A) Single-service or single-use articles not stored in a clean, dry location; at least 6 inches above the floor; or where they are not exposed to splash, dust, or other contamination. 4-903.11(A)
Backroom: Cases of single-use items stored on the floor in backstock storage unit.
4-101.19 Nonfood-contact surface of equipment exposed to splash, spillage, or other food soiling or that requires frequent cleaning not constructed of a corrosion-resistant, nonabsorbent, and smooth material. 4-101.19
Backroom: Raw wood used as shelving within walk-in cooler.
4-501.11 Equipment not maintained in good repair or condition; equipment component not kept intact, tight, and adjusted in accordance with manufacturer's specifications; or cutting or piercing part of can opener not kept sharp to minimize the creation of metal fragments that can contaminate food when a container is opened. 4-501.11
Food Service Area: Ambient thermometer within hot case reads 200 degree F while accurate thermometer has ambient temperature of 104 degree F. Hot case unable to hold foods requiring temperature for food safety of 135 degree F or more with ambient temperature of 104 degree F. COS: Hot box was removed from entity during visit.
4-602.13 Nonfood-contact surface of equipment not cleaned at a frequency necessary to preclude accumulation of soil residue. 4-602.13
Backroom: Buildup of debris on drink sliders within walk-in cooler.
5-205.15(B) Plumbing system not maintained in good repair. 5-205.15(B)
Backroom: Hot water heater is in disrepair and unable to provide hot water to all sinks within establishment. COS: Hot water heater was repaired and hot water was provided during visit.
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: Mop not in use stored in mop sink and not in method to air dry.
6-501.12 Physical facilities not cleaned as often as necessary to keep them clean, or cleaning not done during periods when the least amount of food is exposed such as after closing. 6-501.12
Backroom: Dust buildup on fan guards within walk-in cooler.
6-501.11 Dressing rooms not used by employees who regularly change their clothes in the establishment, or lockers or other suitable facilities not used for the orderly storage of employee clothing or other possessions. 6-501.110
Food Service Area: Personal beverage, food and condiment stored with retail products in cooler. COS: All personal items were moved to approved location during visit.

Stop-Sale Orders & Supplemental Actions

STOP SALE ORDER AND RELEASE

Reason: FS 500.04; FS 500.10 Adulterated.* Time/Temperature Control for Safety Food: Proper cold holding temperatures.

Lot: Number of Packages:

Quantity: Size of Packages: · Total Weight:

Disposition: Product was voluntarily destroyed by food establishment management and witnessed by inspector.

STOP SALE ORDER AND RELEASE

Reason: FS 500.04; FS 500.10 Adulterated.* Time/Temperature Control for Safety Food: Proper hot holding temperatures.

Lot: Number of Packages:

Quantity: Size of Packages: · Total Weight:

Disposition: Product was voluntarily destroyed by food establishment management and witnessed by inspector.

STOP SALE ORDER AND RELEASE

Reason: FS 500; FAC 5K-4 Violation of Florida Food Law.* Utensils, Equipment and Vending: Food and nonfood-contact surfaces cleanable, properly designed, constructed, and used.

Lot: Number of Packages:

Quantity: Size of Packages: · Total Weight:

Disposition: Product was voluntarily destroyed by food establishment management and witnessed by inspector.
— 1 inspection
— Focused Inspection· Focused Inspection

Inspector: LORI JAMES, SENIOR SANITATION AND SAFETY SPECIALIST

Comments: This focused visit was conducted in response to Request# 5098928. All issues have been satisfactory addressed by the food establishment.

No violations or enforcement actions recorded for this inspection.

Ben and John's Shell in Jupiter: Stop-Sale & Stop-Use Orders (3)

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 Ben and John's Shell in Jupiter
DateOrder TypeProductBrand/LotReason
STOP SALE ORDER AND RELEASE Number of Packages: FS 500.04; FS 500.10 Adulterated.* Time/Temperature Control for Safety Food: Proper cold holding temperatures.
STOP SALE ORDER AND RELEASE Number of Packages: FS 500.04; FS 500.10 Adulterated.* Time/Temperature Control for Safety Food: Proper hot holding temperatures.
STOP SALE ORDER AND RELEASE Number of Packages: FS 500; FAC 5K-4 Violation of Florida Food Law.* Utensils, Equipment and Vending: Food and nonfood-contact surfaces clea…

Ben and John's Shell in Jupiter: Frequently Asked Questions

When was Ben and John's Shell in Jupiter last inspected?
Ben and John's Shell in Jupiter was last inspected by the Florida Department of Agriculture and Consumer Services (FDACS) on November 1, 2024. Inspection type: Met Sanitation Inspection Requirements.
How many inspections has Ben and John's Shell in Jupiter had?
Ben and John's Shell in Jupiter has 2 FDACS food safety inspection(s) on record from January 2022 to present.
What did the most recent FDACS inspection of Ben and John's Shell in Jupiter find?
Ben and John's Shell in Jupiter was most recently inspected by FDACS on November 1, 2024 (Met Sanitation Inspection Requirements).
Has Ben and John's Shell in Jupiter had any stop-sale or stop-use orders?
Yes, Ben and John's Shell in Jupiter has 3 stop-sale or stop-use enforcement action(s) on record with Florida FDACS. Most affected products were voluntarily destroyed.
What are the most common violations at Ben and John's Shell in Jupiter?
The most frequently cited FDACS violations at Ben and John's Shell in Jupiter are: 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; 2-401.11: Employee eating, drinking or using tobacco where exposed food, clean equipment, utensils, and linens, unwrapped single service and single use articles or other items could become contaminated. 2-401.11.

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