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Argh! New inspector thinks HAACP is required to BBQ
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Mr Tony's BBQ
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Joined: 01 Aug 2010
Posts: 5067
Location: Fredonia Wi

PostPosted: Apr 20 2013    Post subject: Reply with quote

I know MY original inspector quit showing up, returning my calls, and finally retired after I made him look foolish based on what Harry taught me about Wi food code!! [ I was a builder at the time, Thanks AGAIN Harry] Shocked Cool
Harry, maybe you need to take a cushy state job...Apply by me, I keep you full of Q...I have YET to meet my new inspector, but I guess its only been 2 years now.... Shocked [ true story ] I am even told my new inspector lives literally up the road from me, within 2 miles of my house.... has a pony tail and glasses....I just never met the man to the best of my knowledge...Which really makes no sense when I hear Harry getting his gonads run thru the ringer! Twisted Evil
P.S. I HAVE been inspected by "other" inspectors and am up to date per state. Wink
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Geronimo
BBQ Super Pro


Joined: 29 Jul 2007
Posts: 2896
Location: Montgomery, Texas (and lovin' it)

PostPosted: Apr 20 2013    Post subject: Reply with quote

Mr Tony's BBQ When I had my catering business (sold last year about this time) it had been a good couple years since my last inspection as well. Wink

I think (as in your case) if you have continually received 100% ratings on inspections, they tend to leave you be and concentrate on others...especially restaurants. Shocked But that is just MY thoughts with nothing to back it up but my own thinking. Shocked

Funny thing is though, since I sold my business, the new owners have been inspected twice in their first year. Shocked Laughing
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Harry Nutczak
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Joined: 01 Mar 2007
Posts: 8558
Location: The Northwoods

PostPosted: Apr 20 2013    Post subject: Reply with quote

My inspector in the county that I was in, (about 4 miles from our present location) and I had some issues we had to work through also, But he ended up being a regular customer. Every time I saw him I would ask "Business or pleasure" because we saw him so often, if he was doing an inspection near us, he'd pop in just to say hi.

When I got done speaking to my new county people, I called him immediately to ask if he could help me out by forwarding our inspection reports to them, and helping them understand what it is that we do, and he even suggested inviting them to visit us before the move so they could see our operations in person. (they declined)

You just got to watch what words you use. They will typically use your own words against you in any way possible, it is like speaking with a prosecutor.

We do not "Smoke Meats" we roast them in a solid-fuel oven, We do not do it is "a method of preservation", we fully cook meats well above and beyond what is considered normal in our industry.
When someone in the regulatory end of things refers to my pit as a "Smoker", I politely correct them and inform them that it is a "Commercial BBQ Pit with both NSF & UL listings" that I roast foods in.

And this lesson should teach us that not all people are correctly applying laws and regulations as they should, and to not take their opinions as to what the law is, as written.

The inspectors do not make the laws, they are tasked to enforce laws that are already written. Sometimes they misinterpret them, sometimes they think that something should be more regulated even though it is not, and that is where the problems can start.

The state of WI has what they call "Fact Sheets" for quick reference, and I have found several errors in those publication that clearly contradict the actual regulation they are trying to clarify.

If an inspector says you cannot do something, have them cite the statute, and go through it together with them.
They mostly know the bulk of the laws, but they cannot be expected to know every single law by heart, so ask questions, and ask "Why?"

I was originally told my pit could not be outside, so I asked if I could have a walk-in cooler outside, they answered "YES" that I could have a cooler outside, so I asked what the difference was besides a different set of temperature ranges being adhered to, and the statute that addresses a pit being outside.

Laws say what we cannot do, not what we are allowed to do. So if it is not specifically prohibited by a law, by default it is not a prohibited action.
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Geronimo
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Joined: 29 Jul 2007
Posts: 2896
Location: Montgomery, Texas (and lovin' it)

PostPosted: Apr 20 2013    Post subject: Reply with quote

Harry I didn't want to copy and paste your entire last statement into this post to make my comment but I hope those that are in the restaurant industry read this thread (particularly your posts) and print them out so they can easily reference them when their time comes (and it will) that the HD comes to them to disrupt their operation (way of doing things).

If you had the time, you should hire yourself out as a consultant on HD rules and regulations FOR the restaurant industry to those having issues from the HD Wink Wink

Who knows, maybe that could be a whole other business venture Wink Wink
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Harry Nutczak
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Joined: 01 Mar 2007
Posts: 8558
Location: The Northwoods

PostPosted: Apr 21 2013    Post subject: Reply with quote

Geronimo wrote:
Harry I didn't want to copy and paste your entire last statement into this post to make my comment but I hope those that are in the restaurant industry read this thread (particularly your posts) and print them out so they can easily reference them when their time comes (and it will) that the HD comes to them to disrupt their operation (way of doing things).

If you had the time, you should hire yourself out as a consultant on HD rules and regulations FOR the restaurant industry to those having issues from the HD Wink Wink

Who knows, maybe that could be a whole other business venture Wink Wink


Great idea, Maybe sometime when I get this rolling on its own and can take more time away. For now I am just happy sharing for free.
Its a tough industry, especially if you're a start-up and haven't had to do the dance before with the many regulatory agencies.
Only 7 years left, and we move into "Exit Plan" mode and hopefully be able to get back to school and get my law degree before I am too damn old.
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pitmaster t
BBQ Fan


Joined: 02 Sep 2009
Posts: 191
Location: mansfeild ga.

PostPosted: Apr 22 2013    Post subject: Reply with quote

You gonna be a lawyer??? He!! you should get extra credit for dealing with the HD!!! Laughing Laughing Laughing
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qfanatic01
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Joined: 21 Oct 2009
Posts: 768
Location: Champlin, MN

PostPosted: May 11 2013    Post subject: Reply with quote

A fellow BBQ restaurant owner from the other side of the metro called me yesterday, my brother stops in at his place frequently. His place has been around for longer than mine and is a classic neighborhood joint. He was inquiring about a my smoker for sale and then brought up that he had recently been inspected and the new inspector told him he needed a HACCP plan for smoking. I assured him he didn't and he needed to enlighten the new inspector to the fact that we cook in a oven with smoke in it which is meant to give it flavor, not preserve it. I hope this story turns out as it should, like Harry's.
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