NORTH FORT MYERS, FL. Milk sitting at 65 degrees on the coffee bar was among the findings when a state inspector walked into North Fort Myers Gulf on September 28, and that was before the inspector confirmed the store was still operating without a valid food permit.
The Florida Department of Agriculture and Consumer Services inspection, logged that day, documented 11 total violations at the convenience store, including two priority violations and one repeat citation.
What Inspectors Found
The temperature failures were the most immediate food safety concern. The inspector noted that milk displayed at the coffee bar had an internal product temperature of 65 degrees F, more than 24 degrees above the required maximum of 41 degrees. The milk was moved to proper refrigeration.
A separate reach-in cooler was also running too warm. Milk, butter, cream cheese, and hot dogs inside that unit all measured 45 degrees F. The store voluntarily discarded all of those products.
Containers of blue chemical solution were found stored on the coffee bar near single-use articles and a dump sink. The inspector noted the chemicals were moved to proper storage during the visit.
The nacho bar station added another concern. Chili and cheese sauce held in the nacho dispenser machine had no date labels, making it impossible to determine how long the food had been out. The items were labeled during the inspection. A package of opened mini tacos stored in the reach-in freezer near the nacho bar had ice buildup directly on the packaging, indicating the food had been exposed to moisture.
The Permit Problem
The store is operating without a valid food permit. That violation is marked as a repeat, meaning inspectors have cited this same deficiency before.
The inspector's notes state that an application for a food permit has been submitted, but the store has not yet remitted the required fee. The inspector's notation read: "The Food Establishment shall remit payment of the appropriate fee within 10 days."
Also flagged as a repeat: the store was selling kratom products without the required age-restriction sign posted at the point of sale or adjacent to the display. State law requires a clear and conspicuous sign reading "THE SALE OF KRATOM TO PERSONS UNDER THE AGE OF 21 IS PROHIBITED, PROOF OF AGE IS REQUIRED FOR PURCHASE." The inspector noted a sign was provided and posted during the visit.
Other Conditions in the Store
Cases of bottled water were stored directly on the floor throughout the retail area, a violation of the requirement that food be stored at least six inches above the floor.
The soda dispensing nozzle had an accumulation of residue inside it. The inspector noted it was removed, washed, rinsed, and sanitized on site.
The outside dispensing portion of the slushy machine had an accumulation of black residue buildup. The ceiling air vent inside the restroom had dust buildup. The mop sink outside was missing its hot and cold water spigot, and the store was given 30 days to install a proper fixture, with a follow-up inspection scheduled.
The store also had no certified food protection manager certificate available during the inspection.
What These Violations Mean
Temperature control failures are among the most direct pathways to foodborne illness. Milk at 65 degrees F is 24 degrees above the safe threshold, a temperature range where bacteria like Listeria and Salmonella can multiply. When a reach-in cooler is holding dairy, meat, and cream cheese at 45 degrees rather than 41, every product inside is affected. The voluntary discard of those items at North Fort Myers Gulf removed the immediate risk, but the cooler failure itself was not corrected on site.
Storing chemicals on the coffee bar near single-use cups and a dump sink is a direct contamination risk. Blue chemical solution in that location is one spill or misplacement away from contact with items customers put to their mouths.
Operating without a valid food permit means the state has no current record confirming this establishment meets baseline safety standards. The permit process exists to ensure inspections happen at regular intervals. When a store skips the fee and lets its permit lapse, that accountability gap is not administrative. It is the mechanism by which problems go undetected between inspections.
The kratom signage violation, appearing here as a repeat, points to a different kind of compliance failure. Kratom products are restricted to buyers 21 and older under Florida law. A store that has been cited before for not posting the required warning and still was not in compliance when inspectors arrived in September is not a store that corrected the problem after the first citation.
The Longer Record
The repeat classifications on both the permit violation and the kratom signage violation confirm that inspectors have been to this store before and found the same problems. The permit has still not been brought current. The kratom sign was not posted until the inspector was standing in the store.
None of the 11 violations documented on September 28 were corrected before the inspection began. Zero violations were marked corrected on site at the time of the inspection report, though several were addressed during the visit itself, including the chemical storage, the date labeling, the soda nozzle, and the kratom sign. The mop sink fixture remains unrepaired, with a check-back inspection required within 30 days.
The store's food permit application is on file, but as of the inspection date, the fee had not been paid.
