ORDER OF AN EXECUTIVE OFFICER NOTICE OF CLOSURE - Alberta Health Services

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Environmental Public Health

                      ORDER OF AN EXECUTIVE OFFICER
                           NOTICE OF CLOSURE

To:           1639811 Alberta Ltd.
              Belal Aldalati-Basel
              Janet Sabourin
              Gloria Harris
              “the Owner”

RE:           The food establishment located in Morinville, Alberta and municipally described as:
              The Morinville Grill, 107 - 9918 100 Street

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WHEREAS I, an Executive Officer of Alberta Health Services, have inspected the above noted
premises pursuant to the provisions of the Public Health Act, RSA 2000, c. P-37, as amended;

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AND WHEREAS such inspection disclosed that the following conditions exist in and about the above
noted premises which are or may become injurious or dangerous to the public health or which might
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hinder in any manner the prevention or suppression of disease, namely:

       a. Storage of high-risk foods (e.g., bacon, sausages, potatoes) between 4°C and 60°C;
          internal temperatures measured between 13.2°C - 34.4°C.
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       b. Storage of eggs above 7°C; internal temperatures measured 10.8°C and 13.0°C.
       c. High-risk foods under refrigeration (e.g., pasta, sauce, cheese) were above 4°C; internal
          temperatures measured between 5.1°C - 8.0°C.
       d. High-risk foods in the hot holding unit (e.g., clam chowder soup, meat sauce, cooked
          vegetables) were below 60°C; internal temperatures measured between 21.0°C - 49.3°C.
       e. Unsafe food storage practices and inadequate food protection, including insufficient
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          separation of raw meat from other cooked or ready-to-eat foods, uncovered food
          items/containers, food containers stored directly on the floor, stacking of open food storage
          containers, dirty and/or damaged utensils stored in food products, and foods stored in
          unsuitable and/or unclean containers.
       f. Use of unsuitable utensils and food storage containers, including utensils and containers
          that were unclean, in disrepair, not constructed of food-grade materials and/or not meant
          for reuse (e.g., bread stored in an unclean cardboard box, unclean single use containers
          stored in food products, damaged utensils stored in food products, a power drill with a
          mixer attachment used to stir foods).
       g. Inadequate separation of non-food related items from food areas, including hookah
          supplies (i.e., bowl, hoses, charcoal) and medications stored in the kitchen.
       h. Various utensils and equipment were damaged/broken or otherwise in disrepair (e.g., food
          scoops, microwave, wooden paddle, metal strainer, spatulas, scraper, cutting boards).
       i. Various utensils and equipment were visibly dirty and/or were not stored in a sanitary
          manner (e.g., pizza pans stored in an unclean wooden container with significant
          grime/debris, unclean utensils stored in a container with debris, cutting board stored on the
          floor, unclean potato peeler machine with the floor hose end stored inside the machine).
Order of an Executive Officer – Notice of Closure
RE: The Food Establishment located in Morinville, Alberta and municipally described as: The Morinville Grill, 107 - 9918 100 Street
Page 2 of 7

         j.   Sanitizing solutions were not prepared properly (i.e., bleach mixed with soap) and/or were
              not changed at suitable intervals (i.e., significant debris in solution) and a wet wiping cloth
              was stored on a food preparation surface.
         k.   Containers of sanitizing solutions were not labeled to identify their contents.
         l.   Paper towels were not provided at the kitchen handwashing station.
         m.   Infrequent hand washing by food handlers, and food handlers wiping their hands on their
              aprons.
         n.   Food handling staff were not demonstrating safe food handling practices or an
              understanding of food safety knowledge (e.g., the owner could not describe adequate
              refrigeration or hot holding temperatures, improper cooling and reheating practices were
              observed/described).
         o.   Mouse droppings were observed throughout the facility on floors and shelves.
         p.   Poor sanitation throughout the facility, including high touch surfaces, hard to reach areas,
              shelving and equipment (e.g., unclean light switches and handles, debris on floors and
              shelves, debris inside the mixer bowl).

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AND WHEREAS such inspection disclosed that the following breaches of the Public Health Act and the
Food Regulation, Alberta Regulation 31/2006 and the Food Retail and Foodservices Code exist in and
about the above noted premises, namely:

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         a. Storage of high-risk foods (e.g., bacon, sausages, potatoes) between 4°C and 60°C;
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            internal temperatures measured between 13.2°C - 34.4°C. This is in contravention of
            section 25(1) of the Food Regulation which states that: All high-risk food must be stored,
            displayed and transported at a temperature of (a) not more than 4°C or such higher
            temperature, or (b) not less than 60°C or such lower temperature as an executive officer
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            stipulates under subsection (4).
         b. Storage of eggs above 7°C; internal temperatures measured 10.8°C and 13.0°C. This is in
            contravention of section 25(3) of the Food Regulation which states that: Subsection (1)
            does not apply to whole raw shell eggs, which must be stored, displayed, packaged or
            transported at a temperature not exceeding 7ºC or such other temperature as an executive
            officer stipulates under subsection (4).
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         c. High-risk foods under refrigeration (e.g., pasta, sauce, cheese) were above 4°C; internal
            temperatures measured between 5.1°C - 8.0°C. This is in contravention of section 18(b)(ii)
            of the Food Regulation which states that: An operator must ensure that all refrigeration and
            hot holding equipment used in the commercial food establishment is capable of maintaining
            the respective temperatures required by section 25.
         d. High-risk foods in the hot holding unit (e.g., clam chowder soup, meat sauce, cooked
            vegetables) were below 60°C; internal temperatures measured between 21.0°C - 49.3°C.
            This is in contravention of section 18(b)(ii) of the Food Regulation which states that: An
            operator must ensure that all refrigeration and hot holding equipment used in the
            commercial food establishment is capable of maintaining the respective temperatures
            required by section 25.
         e. Refrigeration units were not equipped with thermometers, and a probe thermometer was
            not available. This is in contravention of section 18(b)(iii) of the Food Regulation which
            states that: An operator must ensure that all refrigeration and hot holding equipment used
            in the commercial food establishment is equipped with an accurate thermometer.
         f. Unsafe food storage practices and inadequate food protection, including insufficient
            separation of raw meat from other cooked or ready-to-eat foods, uncovered food
            items/containers, food containers stored directly on the floor, stacking of open food storage
Order of an Executive Officer – Notice of Closure
RE: The Food Establishment located in Morinville, Alberta and municipally described as: The Morinville Grill, 107 - 9918 100 Street
Page 3 of 7

              containers, dirty and/or damaged utensils stored in food products, and foods stored in
              unsuitable and/or unclean containers. This is in contravention of section 23(1) of the Food
              Regulation which states that: All food used or to be used in a commercial food
              establishment must be (a) protected from contamination, and (b) handled in a sanitary
              manner.
         g.   Use of unsuitable utensils and food storage containers, including utensils and containers
              that were unclean, in disrepair, not constructed of food-grade materials and/or not meant
              for reuse (e.g., bread stored in an unclean cardboard box, unclean single use containers
              stored in food products, damaged utensils stored in food products, a power drill with a
              mixer attachment used to stir foods). This is in contravention of section 18(a) of the Food
              Regulation which states that: An operator must ensure that all equipment and utensils used
              in the commercial food establishment and all surfaces in it with which food comes into
              contact are entirely constructed or manufactured from materials that are suitable for their
              intended purpose, durable, easily cleanable and free from any undesirable substance.
         h.   Inadequate separation of non-food related items from food areas, including hookah
              supplies (i.e., bowl, hoses, charcoal) and medications stored in the kitchen. This is in
              contravention of section 20(1) of the Food Regulation which states that: All articles and

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              materials in a commercial food establishment that are not associated with or required for
              the operation or maintenance of the food areas must be stored separately from the food
              and the food areas and in a manner that contaminates neither.
         i.

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              Various utensils and equipment were damaged/broken or otherwise in disrepair (e.g., food
              scoops, microwave, wooden paddle, metal strainer, spatulas, scraper, cutting boards). This
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              is in contravention of section 28(3) of the Food Regulation which states that: All equipment
              and utensils in a commercial food establishment must be (a) kept in good working order
              and condition, and (b) maintained in a manner that ensures the safe and sanitary handling
              of food.
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         j.   Various utensils and equipment were visibly dirty and/or were not stored in a sanitary
              manner (e.g., pizza pans stored in an unclean wooden container with significant
              grime/debris, unclean utensils stored in a container with debris, cutting board stored on the
              floor, unclean potato peeler machine with the floor hose end stored inside the machine).
              This is in contravention of section 28(2) of the Food Regulation which states that: A
              commercial food establishment, all equipment and utensils in it and all surfaces in it with
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              which food comes into contact must be maintained in a sanitary condition and, without
              limiting the foregoing, must be washed and sanitized in a manner that removes
              contamination.
         k.   Sanitizing solutions were not prepared properly (i.e., bleach mixed with soap) and/or were
              not changed at suitable intervals (i.e., significant debris in solution) and a wet wiping cloth
              was stored on a food preparation surface. This is in contravention of section 28(2) of the
              Food Regulation which states that: A commercial food establishment, all equipment and
              utensils in it and all surfaces in it with which food comes into contact must be maintained in
              a sanitary condition and, without limiting the foregoing, must be washed and sanitized in a
              manner that removes contamination.
         l.   Containers of sanitizing solutions were not labeled to identify their contents. This is in
              contravention of section 20(2)(a) of the Food Regulation which states that: All chemicals,
              cleansers, and other similar agents associated with or required for the operation or
              maintenance of the food areas must be stored in containers that are not intended to be
              used to store food and that are clearly labelled to identify their contents.
         m.   Paper towels were not provided at the kitchen handwashing station. This is in contravention
              of section 30(4) of the Food Regulation which states that: The handwashing stations
              referred to in section 17(1)(e) must be maintained and kept supplied.
Order of an Executive Officer – Notice of Closure
RE: The Food Establishment located in Morinville, Alberta and municipally described as: The Morinville Grill, 107 - 9918 100 Street
Page 4 of 7

         n. Infrequent hand washing by food handlers, and food handlers wiping their hands on their
            aprons. This is in contravention of section 30(1)(d) of the Food Regulation which states
            that: A food handler must wash hands as often as necessary to prevent the contamination
            of food and food areas.
         o. Food handling staff were not demonstrating safe food handling practices or an
            understanding of food safety knowledge (e.g., the owner could not describe adequate
            refrigeration or hot holding temperatures, improper cooling and reheating practices were
            observed/described). This is in contravention of section 24 of the Food Regulation which
            states that: All food handling in a commercial food establishment must be done in a manner
            that makes the food safe to eat, and of section 6.3.2 of the Food Retail and Foodservices
            Code which states that: Every operator of a food establishment must ensure that food
            handlers have the necessary knowledge and skills to enable them to handle food
            hygienically.
         p. Mouse droppings were observed throughout the facility on floors and shelves. This is in
            contravention of section 21(1) of the Food Regulation which states that: Subject to
            subsection (1.1), a commercial food establishment must be kept free of pests and of
            conditions that lead to the harbouring or breeding of pests.

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         q. A gap was observed underneath the back door. This is in contravention of section 17(2) of
            the Food Regulation which states that: Subject to subsection (2.1), the operator must
            ensure that the commercial food establishment is constructed to control the entry of pests.

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         r. Written pest control records were not available. This is in contravention of section 21(2) of
            the Food Regulation which states that: A written record of all pest control measures used in
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            the commercial food establishment and surrounding area, premises and facilities referred
            to in subsections (1) and (1.1) must be maintained.
         s. Poor sanitation throughout the facility, including high touch surfaces, hard to reach areas,
            shelving and equipment (e.g., unclean light switches and handles, debris on floors and
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            shelves, debris inside the mixer bowl). This is in contravention of section 28(2) of the Food
            Regulation which states that: A commercial food establishment, all equipment and utensils
            in it and all surfaces in it with which food comes into contact must be maintained in a
            sanitary condition and, without limiting the foregoing, must be washed and sanitized in a
            manner that removes contamination.
         t. Written sanitation procedures were not available. This is in contravention of section 29(1) of
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            the Food Regulation which states that: A commercial food establishment must have written
            procedures designed to ensure its safe and sanitary operation and maintenance.
         u. Areas of the counters, shelves, floors, walls and ceilings were in disrepair (e.g.,
            missing/broken floor and wall tiles, missing baseboards, holes in walls, ceiling panel not
            installed, missing trim on counters and shelves). This is in contravention of section 17(1)(a)
            of the Food Regulation which states that: An operator must ensure that, before operation of
            the commercial food establishment commences, the commercial food establishment is of
            sound construction and in a good state of repair.
         v. A valid food handling permit was not displayed. This is in contravention of section 14(1) of
            the Food Regulation which states that: An operator must ensure that the permit is
            displayed in a conspicuous place in the approved food establishment where it may be
            easily seen by persons served.
         w. Operating in contravention of the written Order of an Executive Officer issued February 7,
            2018, which required that individuals refrain from smoking in all food areas and that items
            associated with hookah/shisha/water pipes must not be stored in a food preparation or food
            storage area (e.g., pipe hoses, pipes, tobacco heads/bowls, mouth pieces, charcoal, etc.).
            This is in contravention of section 73(1) of the Public Health Act which states that: A person
Order of an Executive Officer – Notice of Closure
RE: The Food Establishment located in Morinville, Alberta and municipally described as: The Morinville Grill, 107 - 9918 100 Street
Page 5 of 7

              who contravenes this Act, the regulations, an order under section 62 or an order of a
              medical officer of health or physician under Part 3 is guilty of an offence.

AND WHEREAS, by virtue of the foregoing, the above noted premises are hereby declared to be
Closed.

NOW THEREFORE, I hereby ORDER and DIRECT:

         1. That the Owner immediately close the above noted premises.

         2. That the Owner immediately undertake and diligently pursue the completion of the following
            work in and about the above noted premises, namely:
               a. Ensure that high-risk foods are stored at a temperature of 4°C or below or at 60°C
                   or above, unless undergoing immediate preparation.
               b. Ensure that whole raw shell eggs are stored at a temperature of 7ºC or below.
               c. Ensure that all refrigeration units can maintain high-risk foods at 4°C or less.
               d. Ensure that all hot holding units can maintain high-risk foods at 60°C or above.

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               e. Ensure that all refrigeration and hot holding units are equipped with accurate
                   thermometers, and that a probe thermometer is available to verify internal food
                   temperatures.

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               f. Ensure that all foods are adequately protected from contamination while in storage.
                   This includes but is not limited to: adequately separating raw meat from other
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                   cooked or ready-to-eat foods, storing foods at least 6 inches off the floor, storing
                   foods in food-grade containers that are clean, in good repair and have tight fitting
                   lids or covers, and ensuring that utensil handles do not contact food products.
               g. Ensure that containers used to store food are constructed of food-grade materials,
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                   suitable for their intended purpose, durable, in good repair, equipped with tight
                   fitting lids or covers, easily cleanable, and free from any undesirable substance.
                   Furthermore, ensure that suitable food scoops with handles are used, and that the
                   handles do not contact the food products.
               h. Ensure that all items that are not associated with or required for the operation or
                   maintenance of the food areas are stored separately from food and food areas.
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               i. Ensure that all utensils and equipment are in good repair and operation.
               j. Ensure that all utensils and equipment are maintained in a clean and sanitary
                   manner.
               k. Ensure that sanitizing solutions are properly prepared, tested, and changed at
                   adequate intervals, and that wiping cloths are stored in an approved sanitizing
                   solution when not in use.
               l. Ensure that all chemicals, cleaners and similar agents are stored in clearly labeled
                   containers so that their contents are easily identified.
               m. Ensure that all handwashing stations are supplied with soap and paper towels in
                   suitable dispensers at all times.
               n. Ensure that food handlers wash their hands as often as necessary to prevent the
                   contamination of food or food areas.
               o. Ensure that all food handlers have the necessary knowledge and skills to enable
                   them to handle food hygienically and in a manner that makes the food safe to eat.
               p. Employ the services of a licensed pest control company and take any measures the
                   company deems necessary to investigate and disinfest the premises.
               q. Ensure that the premises is constructed to prevent the entry of pests.
Order of an Executive Officer – Notice of Closure
RE: The Food Establishment located in Morinville, Alberta and municipally described as: The Morinville Grill, 107 - 9918 100 Street
Page 6 of 7

                   r.   Ensure that a written record of all pest control measures is maintained and available
                        for review.
                   s.   Ensure that the food establishment is maintained in a clean and sanitary manner.
                        This includes but is not limited to: shelving, floors, walls, ceilings, high touch
                        surfaces and hard to reach areas.
                   t.   Ensure that written sanitation procedures are developed, implemented and followed
                        by staff. The procedures must include: the cleaning and sanitizing requirements for
                        the establishment and for all equipment and utensils that are not normally washed
                        in a dishwasher, as well as a list of all cleaning and sanitizing agents used in the
                        facility including their concentration and uses.
                   u.   Ensure that the establishment is of sound construction and in a state of good repair,
                        including repairing or replacing any damaged areas of the counters, shelves, floors,
                        walls, and ceilings.
                   v.   Ensure that a valid food handling permit is displayed in a conspicuous place where
                        it can be easily seen by patrons.
                   w.   Ensure that the facility/owners are in compliance with all written Executive Officer’s
                        Orders until such time that they have been rescinded by an Executive Officer of

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                        Alberta Health Services.

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         3. That until such time as the work referred to above is completed to the satisfaction of an
            Executive Officer of Alberta Health Services; the above noted premises shall remain
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            closed.

The above conditions were noted at the time of inspection and may not necessarily reflect all
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deficiencies. You are advised that further work may be required to ensure full compliance with the
Public Health Act and regulations, or to prevent a public health nuisance.

DATED at St. Albert, Alberta, July 30, 2021

Confirmation of a verbal order issued to Janet Sabourin and Gloria Harris on July 23, 2021.
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Executive Officer
Alberta Health Services

                                                     You have the right to appeal

       A person who          a) is directly affected by a decision of a Regional Health Authority, and
                             b) feels himself aggrieved by the decision

       may appeal the decision by submitting a Notice of Appeal form within ten (10) days after receiving the order to:

                   Public Health Appeal Board
                   c/o Central Reception
                   Main Floor, ATB Place North Tower
                   10025 Jasper Avenue NW
Order of an Executive Officer – Notice of Closure
RE: The Food Establishment located in Morinville, Alberta and municipally described as: The Morinville Grill, 107 - 9918 100 Street
Page 7 of 7

                   Edmonton, Alberta, T5J 1S6
                   Phone: 780-222-5186
                   Fax: 780-422-0914
                   Email: HealthAppealBoard@gov.ab.ca
                   Website: https://www.alberta.ca/public-health-appeal-board.aspx

       A Notice of Appeal form may be obtained by contacting Alberta Health Services at 780-342-0122 or by
       contacting the Public Health Appeal Board.

                                           Health Legislation, Regulations and Standards

       Electronic versions of the Public Health Act and Regulations are available at the Alberta Queen's Printer
       Bookstore 10611 - 98 Avenue, Main Floor, Park Plaza, Edmonton, Alberta, T5K 2P7 or www.qp.gov.ab.ca.

       Health Legislation and regulations are available for purchase. Please contact Alberta Queen's Printer
       Bookstore 10611 - 98 Avenue, Main Floor, Park Plaza, Edmonton, Alberta, T5K 2P7 or www.qp.gov.ab.ca.

       Copies of standards are available by contacting the Health Protection Branch of Alberta Health at
       780-427-4518 or by visiting: https://www.alberta.ca/health-standards-and-guidelines.aspx

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Copy Morinville Enforcement Services
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                          St. Albert • St. Albert Public Health Centre • Environmental Public Health

                            23 Sir Winston Churchill Avenue, St. Albert, Alberta, Canada T8N 2S7

                                    www.albertahealthservices.ca/eph.asp
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