FERNANDINA BEACH, FL. Food from unapproved sources was on the premises at Mezcal Spirit of Oaxaca on Centre Street when state inspectors arrived on April 21, meaning some of what was being served to customers that day had bypassed federal safety inspections entirely.

That was one of nine high-severity violations documented at the Nassau County restaurant during the visit. The facility was not closed.

What Inspectors Found

1HIGHFood from unapproved sourceHigh severity
2HIGHNo employee health policyHigh severity
3HIGHEmployee not reporting illness symptomsHigh severity
4HIGHInadequate shellfish identification/recordsHigh severity
5HIGHNo consumer advisory for raw/undercooked foodsHigh severity
6HIGHImproper handwashing techniqueHigh severity
7HIGHInadequate handwashing facilitiesHigh severity
8HIGHFood in poor condition or adulteratedHigh severity
9HIGHPerson in charge not present or performing dutiesHigh severity
10MEDImproper sewage/wastewater disposalIntermediate
11MEDMulti-use utensils not properly cleanedIntermediate
12MEDSingle-use items improperly reusedIntermediate
13MEDInadequate toilet facilitiesIntermediate

Inspectors also cited the restaurant for inadequate shellfish identification records. Shellfish, including oysters, clams, and mussels, require tag documentation at every step of the supply chain precisely because they are frequently eaten raw. Without those records, there is no way to trace a batch back to its harvest bed if someone gets sick.

Food in poor condition or adulterated was also on the list, alongside a citation that no consumer advisory was posted for raw or undercooked items.

The handwashing picture was particularly layered. Inspectors cited both inadequate handwashing facilities and improper handwashing technique, meaning the infrastructure for proper hygiene was insufficient and employees were not using it correctly regardless.

No person in charge was present or performing supervisory duties. That single finding often predicts the rest of the list.

What These Violations Mean

The unapproved food source violation is one of the most serious a restaurant can receive. When food enters a kitchen outside of USDA or FDA-inspected supply chains, there is no documentation of how it was produced, handled, or stored before arrival. If a customer becomes ill, investigators have no chain of custody to follow.

The combination of no employee health policy and no employee illness reporting compounds that risk directly. Without a written policy requiring workers to disclose symptoms, and without a mechanism to enforce it, a staff member with norovirus or hepatitis A can work a full shift. Norovirus accounts for roughly 20 million illnesses in the United States each year, and food service workers are a primary transmission route.

The shellfish traceability failure adds a third layer. Oysters and clams are filter feeders that concentrate whatever pathogens exist in their harvest water. State and federal rules require tags to remain on shellfish containers throughout service so that any illness can be traced to a specific harvest location and date. Without those tags, that traceability is gone.

Improper sewage or wastewater disposal, one of the four intermediate violations, introduces the possibility of fecal contamination moving through the facility. Combined with inadequate toilet facilities and multi-use utensils that were not properly cleaned, the inspection record from April 21 describes a kitchen where multiple contamination pathways were open at the same time.

The Longer Record

Mezcal Spirit of Oaxaca: Inspection History

2026-04-219 high-severity, 4 intermediate violations. Facility remained open.
2026-02-058 high-severity, 3 intermediate violations. Second-worst inspection on record.
2025-02-273 high-severity, 3 intermediate violations.
2024-10-011 high-severity violation.
2024-11-22Zero high or intermediate violations.
2026-02-26Zero high or intermediate violations.
2026-04-22 and 2026-04-24Follow-up inspections: zero high violations on both dates.

The April 21 inspection was not an isolated event. State records show the restaurant had 16 inspections on file as of this writing, with 79 total violations across its history.

The pattern that stands out is what happened in early 2026. On February 5, inspectors cited the restaurant for 8 high-severity and 3 intermediate violations. The April 21 visit came less than three months later with 9 high-severity violations, the worst single inspection in the facility's recorded history. Between those two visits, a February 26 inspection showed zero high or intermediate violations, suggesting the kitchen can meet standards when it chooses to.

The restaurant has never been emergency-closed. Follow-up inspections on April 22 and April 24 showed zero high-severity violations, meaning the most urgent deficiencies were corrected within days of the April 21 visit.

On April 21, when inspectors counted nine high-severity violations at Mezcal Spirit of Oaxaca, the restaurant remained open and serving customers.