image Food Establishment Inspection Report
Pursuant to Title 25-A of the District of Columbia Municipal Regulations
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Health Regulation & Licensing Administration    Office of Food, Drug, Radiation, and Community Hygiene    2201 Shannon Place, SE - 2nd Floor    Washington, DC 20020
http://doh.dc.gov/service/food-safety      email: food.safety@dc.gov
Establishment Name  LA VIE (n)
Address  88 DISTRICT SQ SW
City/State/Zip Code  WASHINGTON, DC 20024
Telephone
 (703) 629-0305
 E-mail address  james@lavie-dc.com
Date of Inspection
 03
/
 04
/
 2023
    Time In
 11
:
 35
AM     Time Out
 01
:
 50
PM  
License Holder  SRG Waterfront, LLC
License/Customer No.  09313xxxx-18000207
License Period
 09 
/
 01 
/
 2022 
 - 
 08 
/
 31 
/
 2024 
 Type of Inspection
 Routine
Establishment Type:  Restaurant Total
    Risk Category 1
 
 2
 
 3
 
 4
 
 5
 
 
Priority Violations  6 COS  0 R  0
Priority Foundation Violations  10 COS  0 R  0
Core Violations  4 COS  0 R  0
Certified Food Protection Manager (CFPM)
  
CFPM #:   

CFPM Expiration Date:       /    /          
D.C. licensed trash or solid waste contractor:
 Waste Management 
D.C. licensed sewage & liquid waste transport contractor:
 Storm Oil 
D.C. licensed pesticide operator/contractor:
 Presto 
D.C. licensed ventilation hood system cleaning contractor:
 Grease Busters 
FOODBORNE ILLNESS RISK FACTORS AND PUBLIC HEALTH INTERVENTIONS
  Compliance Status COS R
  Supervision  
IN OUT 1. Person in charge present, demonstrates knowledge, and performs duties
 
 
IN OUT 2. Certified Food Protection Manager
 
 
  Employee Health  
IN OUT 3. Management, food employee, and conditional employee; knowledge, responsibilities, and reporting
 
 
IN OUT 4. Proper use of restriction and exclusion
 
 
IN OUT 5. Procedures for responding to vomiting and diarrheal events
 
 
  Good Hygienic Practices  
IN OUT N/O 6. Proper eating, tasting, drinking, or tobacco use
 
 
IN OUT N/O 7. No discharge from eyes, nose, and mouth
 
 
  Control of Hands as a Vehicle of Contamination  
IN OUT N/O 8. Hands clean and properly washed
 
 
IN OUT N/A N/O 9. No bare hand contact with RTE foods or a pre-approved alternate procedure properly allowed
 
 
IN OUT 10. Adequate handwashing sinks properly supplied and accessible
 
 
  Approved Source  
IN OUT 11. Food obtained from approved source
 
 
IN OUT N/A N/O 12. Food received at proper temperature
 
 
IN OUT 13. Food in good condition, safe, and unadulterated
 
 
IN OUT N/A N/O 14. Required records available: shellstock tags, parasite destruction
 
 
  Protection from Contamination  
IN OUT N/A 15. Food separated and protected
 
 
IN OUT N/A 16. Food-contact surfaces: cleaned and sanitized
 
 
IN OUT 17. Proper disposition of returned, previously served, reconditioned, and unsafe food
 
 
  Potentially Hazardous Food (Time/Temperature Control for Safety Food)  
IN OUT N/A N/O 18. Proper cooking time and temperatures
 
 
IN OUT N/A N/O 19. Proper reheating procedures for hot holding
 
 
IN OUT N/A N/O 20. Proper cooling time and temperature
 
 
IN OUT N/A N/O 21. Proper hot holding temperatures
 
 
IN OUT N/A 22. Proper cold holding temperatures
 
 
IN OUT N/A N/O 23. Proper date marking and disposition
 
 
IN OUT N/A N/O 24. Time as a public health control: procedures and records
 
 
  Consumer Advisory  
IN OUT N/A 25. Consumer advisory provided for raw or undercooked foods
 
 
  Highly Susceptible Populations  
IN OUT N/A 26. Pasteurized foods used; prohibited foods not offered
 
 
  Chemical  
IN OUT N/A 27. Food additives: approved and properly used
 
 
IN OUT N/A 28. Toxic substances properly identified, stored, and used
 
 
  Conformance with Approved Procedures  
IN OUT N/A 29. Compliance with variance, specialized process, and HACCP plan
 
 
 
GOOD RETAIL PRACTICES
  Compliance Status COS R
  Safe Food and Water  
IN OUT N/A 30. Pasteurized eggs used where required
 
 
IN OUT 31. Water and ice from approved source
 
 
IN OUT N/A 32. Variance obtained for specialized processing methods
 
 
  Food Temperature Control  
IN OUT 33. Proper cooling methods used; adequate equipment for temperature control
 
 
IN OUT N/A N/O 34. Plant food properly cooked for hot holding
 
 
IN OUT N/A N/O 35. Approved thawing methods used
 
 
IN OUT 36. Thermometers provided and accurate
 
 
  Food Identification  
IN OUT 37. Food properly labeled; original container
 
 
  Prevention of Food Contamination  
IN OUT 38. Insects, rodents, and animals not present
 
 
IN OUT 39. Contamination prevented during food preparation, storage, and display
 
 
IN OUT N/A 40. Personal cleanliness
 
 
IN OUT 41. Wiping cloths: properly used and stored
 
 
IN OUT N/A N/O 42. Washing fruits and vegetables
 
 
  Proper Use of Utensils  
IN OUT 43. In-use utensils: properly stored
 
 
IN OUT 44. Utensils, equipment and linens: properly stored, dried, and handled
 
 
IN OUT 45. Single-use/single-service articles: properly stored and used
 
 
IN OUT N/A 46. Gloves used properly
 
 
  Utensils, Equipment, and Vending  
IN OUT 47. Food and nonfood-contact surfaces cleanable, properly designed, constructed, and used
 
 
IN OUT 48. Warewashing facilities: installed, maintained, and used; test strips
 
 
IN OUT 49. Nonfood-contact surfaces clean
 
 
  Physical Facilities  
IN OUT 50. Hot and cold water available; adequate pressure
 
 
IN OUT 51. Plumbing installed; proper backflow devices
 
 
IN OUT 52. Sewage and waste water properly disposed
 
 
IN OUT 53. Toilet facilities: properly constructed, supplied, and cleaned
 
 
IN OUT 54. Garbage and refuse properly disposed; facilities maintained
 
 
IN OUT 55. Physical facilities installed, maintained, and clean
 
 
IN OUT 56. Adequate ventilation and lighting; designated areas used
 
 
IN = in compliance OUT = not in compliance N/O = not observed
N/A = not applicable COS = corrected on-site R = repeat violation
Establishment Name  LA VIE (n)    Establishment Address  88 DISTRICT SQ SW
OBSERVATIONS 25 DCMR CORRECTIVE ACTIONS
2. - There is no one on duty during the time of inspection, that has a Certified Food Protection Manager ID Card issued by the Department. (CORRECT VIOLATION WITHIN 5 CALENDAR DAYS)  203.3 A person in charge who is a certified food protection manager as required in Section 203.1 shall obtain a District-issued Food Protection Manager Identification Card (ID Card), issued by the Department, and shall renew the District-issued ID Card every three (3) years. P  
8. - Observed cooking staff handling raw and cooked foods without washing their hands in-between tasks. (CORRECT VIOLATION WITHIN 5 CALENDAR DAYS)  402.1 Food employees shall clean their hands and exposed portions of their arms as specified in Section 401 immediately before working in direct contact with food, clean equipment and utensils, and unwrapped single-service and single-use articles, P and: (a) After touching bare human body parts other than clean hands and clean, exposed portions of arms; P (b) After using the toilet room; P (c) After caring for or handling aquatic animals as specified in Section 503.2; P (d) After coughing, sneezing, using a handkerchief or disposable tissue, using tobacco, eating, or drinking; P (e) After handling soiled surfaces, equipment, or utensils; P (f) During food preparation, as often as necessary to remove soil and contamination and to prevent cross-contamination when changing tasks; P (g) After each absence from the work station; P (h) Immediately before touching ready-to-eat food or food-contact surfaces; P (i) When switching between working with raw food and working with ready-to-eat food; P (j) Before donning gloves for working with food; P and (k) After engaging in other activities that contaminate the hands. P  
9. - Cooking and serving staff observed plating ready-to-eat foods and ready-to-eat garnishes without gloves on. (CORRECT VIOLATION WITHIN 5 CALENDAR DAYS)  800.2 Except when washing fruits and vegetables as specified in Section 806 or as specified in Section 800.4 food employees shall not contact exposed, ready to eat food with their bare hands and shall use suitable utensils such as deli tissue, spatulas, tongs, single-use gloves or dispensing equipment. P  
10. - There is no hot water (at least 100 degrees Fahrenheit) at the handwashing sink on dessert and brunch side of the kitchen. .(CORRECT VIOLATION WITHIN 5 CALENDAR DAYS)  2402.1 A handwashing sink shall be equipped to provide water at a temperature of at least thirty-eight degrees Celsius (38 degrees C) (one hundred degrees Fahrenheit (100 degrees F)) through a mixing valve or combination faucet. Pf  
10. - All handsinks behind both bars are being used discard drinks and garnishes. (CORRECT VIOLATION WITHIN 5 CALENDAR DAYS)  2414.2 A handwashing sink shall not be used for purposes other than handwashing. Pf  
10. - Handsink in warewashing area is blocked. (CORRECT VIOLATION WITHIN 5 CALENDAR DAYS)  2414.1 A handwashing sink shall be maintained so that it is accessible at all times for employee use. Pf  
14. - Some oysters and mussels observed in walk-in refrigerator without proper shellstock tags. (CORRECT VIOLATION WITHIN 5 CALENDAR DAYS)  717.1 Except as specified in Section 717.4, shellstock tags or labels shall remain attached to the container in which the shellstock are received until the container is empty. Pf  
14. - The last sold date is not documented on shellstock tags. (CORRECT VIOLATION WITHIN 5 CALENDAR DAYS)  717.2 The date when the last shellstock from the container is sold or served shall be recorded on the tag or label. Pf  
14. - Shellstock tags are not stored in chronological order. (CORRECT VIOLATION WITHIN 5 CALENDAR DAYS)  717.3 The identity of the source of shellstock that are sold or served shall be maintained by retaining shellstock tags or labels for ninety (90) calendar days from the date that is recorded on the tag or labels, as specified in Section 717.2 by using an approved record keeping system that keeps the tags or labels in chronological order correlated to the date that is recorded on the tag or label, as specified in Section 717.2.Pf  
15. - Food is not stored in a manner to protect from cross contamination (raw chicken and raw eggs) stored next to and above ready-to-eat foods in walk-in refrigerator. (CORRECT VIOLATION WITHIN 5 CALENDAR DAYS)  802.1(a)-(b) Food shall be protected from cross contamination by: (a) Except as specified in Section 802.1(a)(3), separating raw animal foods during storage, preparation, holding, and display from: (1) Raw ready-to-eat food including other raw animal food such as fish for sushi or molluscan shellfish, or other raw ready-to-eat food such as fruits and vegetables; P and (2) Cooked ready-to-eat food; P and (3) Frozen, commercially processed and packaged raw animal food may be stored or displayed with or above frozen, commercially processed and packaged, ready-to eat food; (b) Except when combined as ingredients, separating types of raw animal foods from each other such as beef, fish, lamb, pork, and poultry during storage, preparation, holding, and display by: (1) Using separate equipment for each type; P or (2) Arranging each type of food in equipment so that cross contamination of one type with another is prevented, and (3) Preparing each type of food at different times or in separate areas. P  
16. - Mold was observed on the ice maker's ice chute. (CORRECT VIOLATION WITHIN 5 CALENDAR DAYS)  1900.1 Equipment food-contact surfaces and utensils shall be clean to sight and touch. Pf  
22. - Temperature control for safety foods temp above 41 degrees F (open top refrigerator next to salad station). (CORRECT VIOLATION WITHIN 5 CALENDAR DAYS)  1005.1 Except during preparation, cooking, or cooling, or when time is used as the public health control as specified in Section 1009, potentially hazardous food (time/ temperature control for safety food) shall be maintained: (b) At five degrees Celsius (5 degrees C) (forty-one degrees Fahrenheit (41 degrees F)) or less. P  
23. - Temperature control for safety foods intended to be held for more than 24 hours are not date marked (foods in walk-in refrigerator). (CORRECT VIOLATION WITHIN 5 CALENDAR DAYS)  1007.1 Except when packaging food using a reduced oxygen packaging method as specified in Section 1011, and except as specified in Section 1007.4 and 1007.5, refrigerated, ready-to-eat, potentially hazardous food (time/temperature control for safety food) prepared and held in a food establishment for more than twenty- four (24) hours shall be clearly marked to indicate the date or day by which the food shall be consumed on the premises, sold, or discarded when held at a temperature of five degrees Celsius (5 degrees C) (forty-one degrees Fahrenheit (41 degrees F)) or less for a maximum of seven (7) days. Pf  
24. - Several cooked foods observed left on or near stove and deep fryers without a timestamp. (CORRECT VIOLATION WITHIN 5 CALENDAR DAYS)  1009.2 If time temperature control is used as the public health control up to a maximum of four (4) hours: (a) The food shall have an initial temperature of five degrees Celsius (5 degrees C) (forty-one degrees Fahrenheit (41 degrees F)) or less when removed from cold holding temperature control, or fifty-seven degrees Celsius (57 degrees C) (one hundred thirty-five degrees Fahrenheit (135 degrees F)) or greater when removed from hot holding temperature control; P (b) The food shall be marked or otherwise identified to indicate the time that is four (4) hours past the point in time when the food is removed from temperature control; Pf (c) The food shall be cooked and served, served at any temperature if ready- to-eat, or discarded, within four (4) hours from the point in time when the food is removed from temperature control; P and (d) The food in unmarked containers or packages, or marked to exceed a four (4)-hour limit shall be discarded. P  
29. - Observed octopus in reduced oxygen packages that have been partially cooked. No approved variance for this process. (CORRECT VIOLATION WITHIN 5 CALENDAR DAYS)  1010.1 A food establishment shall obtain a variance from the Department as specified in Sections 4102, 4103, and 4104 before: (a) Smoking food as a method of food preservation rather than as a method of flavor enhancement; Pf (b) Curing food; Pf (c) Using food additives or adding components such as vinegar as a method of food preservation rather than as a method of flavor enhancement or to render a food so that it is not potentially hazardous (time/temperature control for safety food); Pf (d) Packaging food using a reduced oxygen method except where the growth of and toxin formation by Clostridium botulinum and the growth of Listeria monocytogenes are controlled as specified in Section 1011; Pf (e) Operating a molluscan shellfish life-support system display tank used to store or display shellfish that are offered for human consumption; Pf (f) Custom processing animals that are for personal use as food and not for sale or service in a food establishment; (g) Preparing food by another method that the Department determines requires a variance; Pf or (h) Sprouting seeds or beans. Pf  
32. - No approved variance for reduced oxygen packaging. (CORRECT VIOLATION WITHIN 14 CALENDAR DAYS)  4103.2 A request for a variance shall contain the following information, which shall be retained in the Department's file on the food establishment: (a) The specified provision(s) of this Code from which the variance is requested; (b) The reasons why the requirements of the provision(s) cannot be met; (c) Alternative measures that will be taken to ensure a comparable degree of protection to public health, safety, and the environment if a variance is granted; (d) Whether a HACCP Plan, as specified in Section 4202 is involved that includes information specified under Section 4205 that is relevant to the variance request; (e) The length of time for which the variance is requested; and (f) A statement that the party applying for the variance will agree to comply with the terms of any variance, if one is granted.  
35. - Foods observed being thawed in the walk-in refrigerator in standing water. (CORRECT VIOLATION WITHIN 14 CALENDAR DAYS)  1002.1 Except as specified in Section 1002.5, potentially hazardous food (time/temperature control for safety food) shall be thawed under refrigeration that maintains the food temperature at five degrees Celsius (5 degrees C) (forty-one degrees Fahrenheit (41 degrees F)) or less; or: (a) Completely submerged under running water: (1) At a water temperature of twenty-one degrees Celsius (21 degrees C) (seventy degrees Fahrenheit (70 degrees F)) or below; (2) With sufficient water velocity to agitate and float off loose particles in an overflow; (3) For a period of time that does not allow thawed portions of ready-to-eat food to rise above five degrees Celsius (5 degrees C) (forty-one degrees Fahrenheit (41 degrees F)); or (4) For a period of time that does not allow thawed portions of a raw animal food requiring cooking as specified in Sections 900.1 and 900.2 to be above five degrees Celsius (5 degrees C) (forty-one degrees Fahrenheit (41 degrees F)), or seven degrees Celsius (7 degrees C) (forty-five degrees Fahrenheit (45 degrees F)) as specified in Sections 900.1 and 900.2, for more than four (4) hours including the time the food is exposed to the running water and the time needed for preparation for cooking, or the time it takes under refrigeration to lower the food temperature (41 degrees F)); (b) As a part of a cooking process if the food that is frozen is: (1) Cooked as specified in Sections 900.1, 900.2 or Section 901; or (2) Thawed in a microwave oven and immediately transferred to conventional cooking equipment, with no interruption in the process; or (c) Using any procedure if a portion of frozen ready-to-eat food is thawed and prepared for immediate service in response to an individual consumer's order.  
40. - Some cooking staff observed wearing wrist jewelry or watches while handling open foods. (CORRECT VIOLATION WITHIN 14 CALENDAR DAYS)  406.1 Persons working in direct contact with food, clean equipment and utensils, or unwrapped single-service and single-use articles shall not wear jewelry, including medical information jewelry on their arms or hands, except for a plain ring such as a wedding band.  
41. - Wet wiping cloths are not stored in sanitizer buckets when not in use. (CORRECT VIOLATION WITHIN 14 CALENDAR DAYS)  812.2 Cloths that are in-use for wiping counters and other equipment surfaces shall be: (a) Held between uses in a chemical sanitizer solution at a concentration specified in Section 1813; and (b) Laundered daily as specified in Section 2101.4.  
50. - There is no hot water (at least 110 degrees Fahrenheit) at the 3-compartment sink behind the front smaller bar. (CORRECT VIOLATION WITHIN 5 CALENDAR DAYS)  2305.2 Hot water generation and distribution systems shall be sufficient to meet the peak hot water demands throughout the food establishment. Pf  
 
Sanitizer: Quaternary Ammonium, 300 ppm, 0.0 pH, 72.0°F 
Temperatures
 Item/Location Temp  Item/Location Temp  Item/Location Temp  Item/Location Temp
Hot Water (Handwashing Sink) 110.0F Hot Water (Handwashing Sink) 77.0F Hot Water (Handwashing Sink) 108.0F Hot Water (3-compartment sink) 113.0F
Hot Water (3-compartment sink) 107.0F Hot Water (3-compartment sink) 135.0F Hot Water (Final Rinse Cycle - Warewashing Machine) 184.0F Fries (Service Line) (Cooking) 33.0F
Sauce (Service Line) (Cold Holding) 40.0F Calamari (Service Line) (Cold Holding) 39.0F Raw Beef (Refrigerator - drawer) (Cold Holding) 38.0F Raw Chicken (Refrigerator - drawer) (Cold Holding) 38.0F
Noodles (Service Line) (Cold Holding) 40.0F Meatballs (Stove) (Hot Holding) 147.0F Eggs (Stove) (Hot Holding) 150.0F Duck (Stove) (Hot Holding) 154.0F
Potatoes (Table) (Holding) 140.0F Steak cooked (Stove) (Cooking) 161.0F Dumplings (Deep Fryer) (Cooking) 189.0F Liquid Eggs (Service Line) (Cold Holding) 48.0F
Sliced Tomatoes (Service Line) (Cold Holding) 45.0F Raw Shrimp (Service Line) (Cold Holding) 44.0F Vegetables - cut (Service Line) (Cold Holding) 46.0F Sliced Tomatoes (Salad Prep Unit) (Cold Holding) 40.0F
Peppers (Salad Prep Unit) (Cold Holding) 39.0F Salad Dressing (Salad Prep Unit) (Cold Holding) 38.0F Blueberries (Sandwich Prep Refrigerator) (Cold Holding) 39.0F Strawberries (Sandwich Prep Refrigerator) (Cold Holding) 40.0F
Cream (Sandwich Prep Refrigerator) (Cold Holding) 41.0F Raw Beef (Walk-in Refrigerator) (Cold Holding) 41.0F Lobster (Walk-in Refrigerator) (Cold Holding) 40.0F Raw Chicken (Walk-in Refrigerator) (Cold Holding) 40.0F
Strawberries (Walk-in Refrigerator) (Cold Holding) 40.0F Sauce (Walk-in Refrigerator) (Cold Holding) 39.0F Octopus (Walk-in Refrigerator) (Cold Holding) 41.0F Tiramisu (Reach-in Refrigerator) (Cold Holding) 39.0F
Heavy Cream (Reach-in Refrigerator) (Cold Holding) 38.0F (Reach-in Freezer) 6.0F        
Inspector Comments:
CEASE AND DESIST issued due to UNAPPROVED REDUCED OXYGEN PACKAGING OF PARTIALLY COOKED FOODS.

Variance and HACCP plan required for reduced oxygen packaging. Please contact our Food Technologist at haccp.plans@dc.gov to obtain approved Variance.


Correct cited items within 5 calendar days.
Correct cited items within 14 calendar days.
DC Health does not assign a grade, percentage, or rating for establishment inspection reports. We perform a pass-fail inspection. The amount of Priority, Priority Foundation, and Core violations are tallied at the top of each inspection report. DC Health also performs follow up inspections to ensure the violations which were cited on the initial report have been corrected. To view an establishment's inspection report, follow this link: https://dc.healthinspections.us.
  Juan Rivera 03/04/2023
 Person-in-Charge (Signature) (Print) Date
    Megan Johnson 121  03/04/2023 
  Inspector (Signature) (Print) Badge # Date
    2023