Thurston County closed Tacos California in October. The owners allege unfair treatment
Thurston County shut down a Mexican food truck company in October, citing a hazard to public health, but the owners say they feel unfairly targeted.
A food safety inspector closed Tacos California’s food truck in downtown Olympia on Oct. 23 after she tallied 115 violation points, Renae Miller, spokesperson for Thurston County Public Health and Social Services (TCPHSS), said in a statement to The Olympian.
The next day, the same inspector closed their Lacey commissary at 1302 Tracey Lane SE after tallying 112 points, according to inspection notes. The facility reopened on Oct. 27 after a reinspection, Miller said.
“Due to unsafe food handling practices that could not be corrected at the time of the inspection, Tacos California – Commissary was closed,” Miller said. “TCPHSS had no alternative but to take immediate action to protect the safety of Tacos California patrons and close the establishment.”
Martin and Luis Moreno, co-owners of Tacos California, told The Olympian they have fixed the problems present during the inspections and customers can be assured their food is safe.
“We would like to apologize to those we have let down but want to invite the wonderful community that we have been serving for over 21 years to stop by and enjoy the delicious and authentic food we have to offer,” they said in a prepared statement. “There is nothing that is more important to us than our reputation, next to our amazing family of Thurston County.”
However, they also alleged the inspector unfairly targeted their business for closure and acted unprofessionally during the inspection.
“The most important part here is not the money loss, it’s our reputation,” Martin Moreno said. “We put a lot of emphasis on following the rules. It’s very unfair and as a matter of fact we want to appeal.”
These allegations may partly echo those levied by the owner of Nori Sushi and Teriyaki, another restaurant that was closed down in October. However, The Olympian confirmed that the inspections were conducted by two different people.
In response to the accusations from Tacos California, Miller said the county did not target Tacos California. She said staff are working to ensure all mobile food vendors are following sanitary food practices and operating safely based on their pre-approved operational plans.
“We understand the inspection results may have caused distress to the Tacos California establishment,” Miller said. “Thurston County Public Health and Social Services’ main priority is to ensure the health and safety of all restaurant patrons throughout Thurston County and to minimize the risk of potential health hazards and food-borne illness.”
What complaints does Tacos California have?
Martin and Luis Moreno said they felt targeted by PHSS because of a previous disagreement as well as the inspector’s conduct.
In February, Martin Moreno said the county directed them to move all five of their trucks back to the commissary at the end of each day, which is a requirement in their operational plan.
Yet, he said they have not been doing that because the county is not equitably enforcing that requirement among other food vendors.
“It’s just unfair that they’re trying to make us move our units on a daily basis,” Martin Moreno said. “That’s going to cost us about $750 a day to move back and forth. … I don’t want to do that when nobody else is doing it.”
Luis Moreno said the inspector also yelled at employees “like they were children,” including those who do not know English well.
“I don’t know if it might just be us or she might have a group who she doesn’t like or whatnot, but she’s pretty unprofessional,” Luis Moreno said. “She’ll nitpick at every little thing she can in order to get more points and to get to where she wants to go to.”
For example, he said they were cited for not having food worker cards despite having them.
In another example, he said they were marked down for having the commissary entrance and food trucks open even though they were actively moving items.
PHSS responds to allegations
Miller said the regulation requiring trucks to return to the commissary is intended to ensure mobile food units are properly maintained, cleaned and repaired for the next day of use. Any mobile food unit that is not required to follow this regulation must meet certain exemptions.
“We will be working to ensure all mobile food vendors in Thurston County are following the food code and able to operate safely based on their pre-approved operational plans as we continue to inspect and follow up on community complaints of these potential violations,” Miller said.
When asked about the inspector’s conduct, Miller said inspectors “maintain professionalism” and aim to provide a “comfortable environment” during inspections. She said they try to ensure “positive relationships and pleasant interactions.”
Additionally, Miller said language services are available during all TCPHSS inspection and community interactions.
With respect to the food worker card matter, Miller said the inspector asked to speak with the person in charge but none was present and the workers were unable to hand the cards over. Though they were later provided, Miller said it is still marked as a violation.
On the topic of open entrances, Miller said the inspector noted the commissary entrance as well as multiple semi-truck enclosed containers were exposing food to the environment and potential pests.
Inspection notes for the commissary
The Lacey commissary had 100 red points, which denote violations that are most likely to cause food-borne illness, and 12 blue points, which relate to the overall cleanliness and condition of the operation.
The inspection notes for the Lacey commissary are available on the county’s food safety website, but the notes for the downtown Olympia truck were unavailable as of Friday.
Miller shared the Oct. 23 total score for the downtown Olympia mobile food truck upon request. She added PHSS typically does not post mobile unit inspection notes.
Tacos California
1302 Tracy Lane SE, Lacey
Oct. 24: 100 red points; 12 blue points.
Comments:
- The person-in-charge was not actively controlling risk factors as demonstrated by the violations.
- Food worker cards were unavailable upon request. Food worker cards were made available after the inspection.
- An employee did not wash their hands for 20 seconds. Another employee did not wash their hands after using a restroom and entering the food prep area. Employees did not wash their hands properly.
- The hand wash sink was not properly stocked as the paper towel dispenser was broken.
- Raw eggs were stored above ready-to-eat foods. Raw protein must be stored below ready-to-eat foods to prevent potential contamination.
- Multiple time-control-for-safety foods were cooled at depths of greater than 2 inches.
- The operator was not in compliance with the approved operation plan. The inspector noted they observed unpermitted catering, unapproved food preparation and improper waste disposal. Their plan was corrected by Oct. 27.
- Facility entrances were not controlled. The inspector noticed a facility door was ajar and a food truck was open.
- An ice machine was dirty with a mold-like substance.
- The kitchen lights were not bright enough for safe food preparation.
This story was originally published November 7, 2023 at 5:00 AM.
