Inspection Report

Emergency Closure InspectionDBPR disposition: Emergency order recommended
Florida DBPR Inspection Report
Closed

EMPIRE BAGEL FACTORY

9961 INTERSTATE COMMERCE DR #195 · FORT MYERS · Lee County · FL 33913

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Inspection Summary

Inspection dateMay 9, 2024
Inspection typeRoutine – Food
Inspection classFood
DBPR dispositionEmergency order recommended
Resultfacility_temporarily_closed
Inspection number3331322
Visit number1
Inspection Visit ID8350580
DBPR license4607632

Emergency Closure Summary

ClosedMay 9, 2024 10:43 AM
StatusReopened after callback/compliance
ReopenedMay 9, 2024 4:04 PM
Record basisDBPR weekly closure extract
Closure conditionFly activity

Violation Summary

Counts reported for this inspection visit.

Full inspector observations available
3 High Priority2 Intermediate3 Basic0 Critical0 Non-Critical8 Total
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All DBPR Inspector Observations

8 full violation description(s) documented by the inspector during this visit.

High Priority 3

#4High Priority35A-02-6

High Priority – Live, small flying insects in kitchen, food preparation area, food storage area and/or bar area. 15 in back part of kitchen, on walls by walk-in cooler and mop sink. In front bagel display area, approximately 15 observed, with 5 landing on bagels – two on plain bagels to left, one on blueberry bagel bottom left, 2 on everything bagels. Operator wrapped all exposed bagels in paper bags. **Warning**

Warning
#5High Priority01B-13-4

High Priority – Stop Sale issued due to food not being in a wholesome, sound condition. In front bagel display area, 5 small flying insects landing on bagels – two on plain bagels to left, one on blueberry bagel bottom left, 2 on everything bagels. **Warning**

WarningStop Sale
#6High Priority03A-02-5

High Priority – Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. Main kitchen reach-in cooler:; raw cold smoked salmon (47F – Cold Holding); sliced white cheese (47F – Cold Holding); cooked pork sausage (46F – Cold Holding) for 3 and a half hours per operator. **Warning**

Warning

Intermediate 2

#7Intermediate16-32-5

Intermediate – Incorrect chemical test kit provided for measuring the concentration of the sanitizer solution used in the three-compartment sink and/or dishmachine. Establishment uses quaternary sanitizer, chlorine test strips observed. **Warning**

Warning
#8Intermediate02B-01-5

Intermediate – Menu does not identify which items contain raw or undercooked animal foods covered by the consumer advisory. On posted digital menu, lox spread per operator served raw not marked as raw. Asterisk next to consumer advisory for other raw items not easily visible. **Warning**

Warning

Basic 3

#1Basic36-73-4

Basic – Floor soiled/has accumulation of debris in walk-in cooler. **Warning**

Warning
#2Basic02D-03-4

Basic – Label on a food item prepared and packaged onsite for customer self-service does not include product identity/description, date product was packaged and name and address of the establishment that prepared and packaged the food. Cream cheese containers in reach-in cooler by front counter for customer self service lacking proper labels. **Warning**

Warning
#3Basic23-03-4

Basic – Nonfood-contact surface soiled with grease, food debris, dirt, slime or dust. Fans in walk-in cooler soiled. **Warning**

Warning

Inspector observations synchronized from DBPR on August 10, 2026 3:11 AM.

Violation category totals
Category 1 · Approved food source
1 observation(s)
Category 2 · Original container, labeling, date marking and consumer advisory
2 observation(s)
Category 3 · Time/temperature control for safety food
1 observation(s)
Category 16 · Dishwashing facilities, test kits and gauges
1 observation(s)
Category 23 · Non-food-contact surfaces clean
1 observation(s)
Category 35 · Pest control / insects / rodents / animals / outer openings
1 observation(s)
Category 36 · Floors, walls, ceilings, attached equipment and ventilation
1 observation(s)

Inspection records and inspector observations reflect conditions documented by DBPR at the time of the inspection and may not reflect current conditions.