NEW SMYRNA BEACH, FL. Food was not being cooked to the minimum required temperature at a New Smyrna Beach Mexican restaurant last month, a violation that state inspectors flagged as a direct pathway for pathogens like Salmonella to survive and reach customers' plates.
That was one of seven high-severity violations documented at Margarita Island Mexican Kitchen and Bar on SR 44 during a July 27 inspection. The restaurant was not emergency-closed.
What Inspectors Found
The undercooked food violation was not the only one pointing directly at customers. Inspectors also found that food contact surfaces were not properly cleaned or sanitized, a condition that allows bacteria from one food item to transfer onto the next.
No consumer advisory was posted for raw or undercooked menu items. That means diners with compromised immune systems, elderly customers, pregnant women, and young children had no notice that any dish carried elevated risk.
The management picture inspectors documented made each of those violations harder to explain away. No person in charge was present or performing duties during the inspection. The restaurant had no written employee health policy and, separately, employees were not reporting illness symptoms, two violations that together describe a kitchen where a sick worker had no formal obligation to stay home and no supervisor present to enforce one.
Improper handwashing technique rounded out the high-severity findings. An employee can approach a sink and still leave dangerous pathogens on their hands if the technique is wrong. That violation, combined with unsanitized food contact surfaces, describes a contamination pathway from raw ingredients to finished plates.
The Intermediate Violations
Five intermediate violations accompanied the seven high-severity findings. Inspectors cited improper sewage or wastewater disposal, a condition that carries risk of fecal contamination spreading through the facility. Multi-use utensils were not properly cleaned, and single-use items were being reused.
Wiping cloths were being used improperly. Cloths that move between surfaces without proper sanitization between uses are among the most common ways contamination spreads across a kitchen. Toilet facilities were also found to be inadequate or improperly maintained, a finding that directly affects whether employees are washing their hands after using the restroom.
What These Violations Mean
The cooking temperature violation is the one with the most direct consequence for a diner. Salmonella in poultry survives below 165 degrees Fahrenheit. A piece of chicken pulled from heat too early can look cooked and still carry enough bacteria to cause serious illness. At Margarita Island, inspectors documented that food was not reaching the required minimum temperature, and no one in a supervisory role was present to catch or correct it.
The employee illness findings compound that risk. Norovirus is responsible for an estimated 20 million illnesses in the United States each year, and food workers who handle food while symptomatic are among its most efficient transmission routes. A written health policy creates a paper record and a legal obligation. Without one, and without employees required to report symptoms, the kitchen had no formal barrier between a sick worker and a customer's food.
Improperly cleaned food contact surfaces and misused wiping cloths are not minor housekeeping issues. Cutting boards, prep counters, and utensils that carry residue from raw proteins become direct transfer points for bacteria onto ready-to-eat food. The intermediate violation for multi-use utensils adds a separate layer: bacterial biofilms can develop on improperly cleaned surfaces within 24 hours and resist standard cleaning once established.
The sewage disposal violation deserves its own mention. Raw sewage contains pathogens including E. coli and hepatitis A. Improper disposal inside a food service facility is not a paperwork problem.
The Longer Record
Margarita Island Mexican Kitchen and Bar has three inspections on record. The July 27 inspection was the most serious of the three, but the pattern across all three visits raises questions about whether the problems documented this summer were new.
A January 2026 inspection turned up one high-severity and one intermediate violation. The inspection conducted the day after the July 27 visit, on July 28, found three high-severity and three intermediate violations. That follow-up inspection came after the 12-violation inspection, suggesting the July 27 findings prompted a return visit. Across all three inspections, the facility has accumulated 32 total violations on record.
The restaurant has never been emergency-closed.
No prior inspection showed anything approaching the seven high-severity violations documented on July 27. That makes this inspection the worst the facility has recorded, not a continuation of a flat baseline. The jump from one high-severity violation in January to seven in July is the sharpest data point in the record.
The restaurant was serving customers on July 27 with no person in charge present, no employee illness policy in place, food not reaching required cooking temperatures, and unsanitized food contact surfaces. State inspectors documented all of it and left the doors open.
