NEW SMYRNA BEACH, FL. State inspectors visiting Avanu on Flagler at 392 Flagler Ave on April 22 found food being served from unapproved or unknown sources, meaning ingredients on customer plates had bypassed every federal safety checkpoint designed to catch contaminated product before it reaches a kitchen.

That was one of eight high-severity violations documented in a single visit. The restaurant was not closed.

What Inspectors Found

1HIGHFood from unapproved or unknown sourceHigh severity
2HIGHFood not cooked to required minimum temperatureHigh severity
3HIGHToxic chemicals improperly stored or labeledHigh severity
4HIGHToxic substances improperly identified/stored/usedHigh severity
5HIGHFood contact surfaces not properly cleaned/sanitizedHigh severity
6HIGHImproper hand and arm washing techniqueHigh severity
7HIGHPerson in charge not present or performing dutiesHigh severity
8HIGHNo consumer advisory for raw/undercooked foodsHigh severity
9INTImproper sewage or waste water disposalIntermediate
10INTImproper use of wiping clothsIntermediate
11INTInadequate ventilation and lightingIntermediate
12INTEquipment in poor repair or conditionIntermediate

Beyond the sourcing violation, inspectors documented that food was not being cooked to the required minimum temperature. For poultry, that threshold is 165 degrees Fahrenheit, the point at which Salmonella is destroyed. Below that temperature, it survives.

Two separate violations involved toxic chemicals: one for improper storage or labeling, a second for improper identification, storage, or use. Both were classified high-severity. The presence of two distinct chemical violations in the same inspection suggests the problem extended across more than one area of the kitchen.

Inspectors also cited food contact surfaces that were not properly cleaned or sanitized, employees using improper handwashing technique, no person in charge present or performing duties, and no consumer advisory posted for raw or undercooked menu items. On the intermediate level, the facility was cited for improper sewage or wastewater disposal, inadequate ventilation and lighting, improper use of wiping cloths, and equipment in poor repair.

Twelve violations in one visit. The restaurant remained open after inspectors left.

What These Violations Mean

Food from unapproved sources is not a paperwork problem. When ingredients enter a kitchen without passing through USDA or FDA inspection, there is no chain of custody. If a customer gets sick, investigators cannot trace the product back to a farm, a distributor, or a recall. Listeria and Salmonella are the most common pathogens linked to uninspected food, and both can cause severe illness or death in elderly customers, pregnant women, and anyone with a compromised immune system.

The undercooking violation compounds that risk directly. If the sourcing of an ingredient is already unknown, and that ingredient is then served below the temperature required to kill the pathogens it might carry, the two violations are not separate problems. They are the same problem, stacked.

The dual chemical violations at Avanu on Flagler represent a different category of danger. Cleaning compounds and sanitizers stored near food, or stored in unlabeled containers, can cause acute poisoning through direct contamination of a dish or an ingredient. Mislabeled chemicals are among the most common causes of accidental chemical poisoning in food service settings.

The absence of a person in charge is what ties everything together. CDC data shows establishments without active managerial control accumulate critical violations at three times the rate of those with engaged supervision. Every other violation found on April 22 becomes more likely, and harder to catch, when no one responsible is present.

The Longer Record

The April 22 inspection was not the first time Avanu on Flagler has drawn serious scrutiny. State records show 14 inspections on file for this address, with 155 total violations across that history.

The pattern is consistent and close together. In January 2025, inspectors visited twice within eight days: the January 23 visit produced 8 high-severity violations and 3 intermediate ones, nearly identical to the April 2026 count. A follow-up on January 31 still found 5 high-severity violations. In August 2024, a similar sequence played out: 10 high-severity violations on August 6, then 4 high-severity violations on a return visit three days later.

September 2025 followed the same arc. A September 12 inspection found 9 high-severity violations and 3 intermediate ones. A follow-up three days later on September 15 still found 2 high-severity violations and 1 intermediate.

The facility has never been emergency-closed. In the span of roughly two years, inspectors have documented high-severity violations on every single visit on record, across eight separate inspection events before April 2026. The categories that keep appearing, including management failures, food handling, and chemical storage, are not isolated lapses. They are the baseline.

Still Open

Florida's emergency closure authority is triggered when an inspector determines that conditions pose an immediate threat to public health. Eight high-severity violations at Avanu on Flagler on April 22, including food from unknown sources, undercooking, and toxic chemicals improperly stored near food, did not meet that threshold.

The restaurant served customers that day, and after inspectors left, it continued to do so.