Environmental Public Health

ORDER OF AN EXECUTIVE OFFICER

NOTICE OF CLOSURE

To: 2113005 Alberta Ltd.

Pankaj Dua
Bikramjit Singh
9266 34 Avenue, Edmonton, Alberta, T6E 5P2

RE: The food establishment located in Edmonton, Alberta and municipally described as:
Bukhara Indian Bistro, 9266 34 Avenue, T6E 5P2.

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;

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 hinder in any manner the prevention or suppression of disease, namely:

a. Multiple high risk potentially hazardous foods were observed and verified as stored
at more than 4°C and less than 60°C when not in use, namely:
i. A bowl of raw chicken was stored on the counter, the external temperature of
the chicken was measured at 18°C, and the internal temperature was 13°C.
ii. A cooked samosa was stored in a fryer basket on the counter, the external
temperature was measured at 38°C.
iii. Several food items clearly marked “refrigerate after opening” were found
stored at room temperature. The containers were open/partially used and
stored at room temperature and not in the cooler as the label instructs.
b. Multiple food containers were stacked in a manner that the bottom of one container
was in direct contact with the food beneath – no barriers to separate it.
c. Foods were found without covers or protection or barriers in multiple coolers.
d. Some foods were partially covered and/or gave access to the rodents or other
potential sources of contamination. Other open foods were not stored in pest-proof
containers with tight fitting lids.
e. In the customer area, a savory crunchy snack stored in a bulk container was missing
the adequate utensils or hand protection for self-serve of bulk foods within.
f. Raw meat/seafood was stored above and/or beside ready-to-eat foods, vegetables,
and/or cooked foods in the cooler.
g. Bowls were used as scoops and were stored with the high touch surfaces in direct
contact with the food ingredient. Scoops with handles were stored with the high
touch surfaces in direct contact with the food ingredient.
h. No sanitizer solution was available. Wet and used cloths were mounded on counters
and other surfaces. Staff had to be prompted to make the sanitizer solution.
i. When the sanitizer solution was made, the mixture only measured 0 ppm and not the
100 ppm as required.
Order of an Executive Officer – Notice of Closure
RE: The Food Establishment located in Edmonton, Alberta and municipally described as: Bukhara Indian Bistro, 9266 34
Avenue.
Page 2 of 9

j. Single-use used dirty disposable gloves were stored in shelving and not discarded
after use as required.
k. No soap was available at the kitchen sink or the bar sink to use for handwashing. No
soap was immediately available when the Public Health Inspector asked for hand
soap.
l. A staff member handed the PHI a roll of paper towels – that were extremely dirty and
contaminated with food stuffs and unknown substances. Other rolls of paper towel
found by PHIs in the storage room later on appeared to be extremely soiled and
contaminated as well.
m. Food with what appeared to be mold-like substance was observed in the walk in
cooler (tomatoes, other vegetables). Canned foods have damaged packaging and
severe dents.
n. The chemical dishwasher was not adequately sanitizing dishes. The chlorine was
measured at 0 ppm from the final rinse cycle of the dishwasher.
o. Metal strainers/sieves were in disrepair: loose and missing metal pieces were
observed.
p. Moth balls or products that contain naphthalene or paradichlorobenzene were in use
in the bathrooms that were hazardous for humans to breathe in.
q. The scoop for the ice was stored on top of the ice machine in the dirt and dust. The
scoop itself had not been scrubbed or cleaned and exhibited a build-up of thick
grease and grime. The scoop for the ice in the bar was stored in a very dirty
container and in contact with a paper towel that appeared to have a mold like
substance on it.
r. Staff were storing dirty utensils in drawers with clean utensils.
s. The glass plate used to rotate the food inside the microwave was broken into large
pieces and was held together loosely with what appeared to be plastic food wrap.
Other broken equipment observed included utensils such as sieves and wire
baskets.
t. Poor sanitation was noted throughout the entire facility, which includes but is not
limited to; under and inside the cook line, under/behind/between counters and
shelves, the dishwashing area, in all storage areas, drain covers, containers, pipes,
plumbing, food equipment, utensils and tools, garbage receptacles, interior and
exterior of dishwasher, electrical outlets, food dispensers, faucets, and high touch
areas, ice machine inside and out, all doors for cupboards, rooms, coolers (inside
and out), freezers, all mixers, cook equipment, ventilation canopy filters, dough roller
(inside and out), handles, small food equipment such as blenders, microwaves, all
shelves, all toilets, all sinks, all child change tables, the puddle of dried urine on the
floor of the bathrooms, the beverage bar, all containers and food containers, all
buspans, floors, walls and ceilings, camping cooler, the customer area cupboards
and seating, pop syrup station shelving, lines, motors, and connections. Walls
particularly around the dishwashing area – were covered in grime and what
appeared to be a mold-like substance.
u. As the dishwasher was not sanitizing – all cups, bowls, utensils, dishware, etc. must
be re-washed and sanitized.
v. Rodent droppings were found on the inside of the dough roller frame.
w. Evidence of an extensive mouse infestation was noted within the facility. In addition,
what appeared to be fecal and urine contamination from a much larger rodent was
observed – thought to be a wood vole or similar rodent.
Order of an Executive Officer – Notice of Closure
RE: The Food Establishment located in Edmonton, Alberta and municipally described as: Bukhara Indian Bistro, 9266 34
Avenue.
Page 3 of 9

x. Dead and live flies were noted in the customer bar – the deceased flies were
observed all over the bar counter. An unsuitable and improper fly zapper was
installed instead of the appropriate fly light from a licensed pest control company.
y. Owner and staff admit to sabotaging the pest control company’s program by
removing traps, relocating traps, discarding of evidence, removing pest information,
and using their own ineffective methods for pest control.
z. Gaps were noted under the door at the back entrance and side hallway allowing for
pest entry. Weatherstripping on all exterior doors were in disrepair.
aa. Multiple holes, gaps, broken seams, unnecessary equipment, and other areas of
pest harborage were identified throughout the facility.
bb. Plumbing in the back kitchen by sinks and dishwasher in the dish pit were leaking:
water was observed dripping into 2 separate containers from underneath the
plumbing.
cc. A vast amount of dirty dishes were left in the dishwashing area overnight. Items such
as left over meals, and food covered equipment.
dd. The garbage was overflowing in the bathroom garbage containers.
ee. An effective written sanitation program was not available, in use, or in place.

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:

a. Violations [u., aa., and bb.] are in contravention of Sections 17(1) & 19 of the Food
Regulation,
which state:
"An operator shall ensure that, before operation of the commercial food
establishment commences, the commercial food establishment
(a) is of sound construction and in a good state of repair,
(b) is so designed as to facilitate the effective cleaning and sanitizing of it and all
equipment, utensils and surfaces with which food comes into contact, in it,
(c) is so designed as to ensure the safe and sanitary handling of food in it"
AND
"A person shall not operate a food establishment unless
(a) all the requisite plans and specifications referred to in section 16 for the
commercial food establishment have been approved by the executive officer,
(b)it is constructed and maintained in accordance with that approval."

b. Violations [z., and aa.] are in contravention of Section 17(2) of the Food Regulation,
which states: "An operator shall ensure that the commercial food establishment is
constructed to prevent the entry of pests."

d. Violations [v., w., x., y., and cc.) are in contravention of Section 21 of the Food
Regulation, which states:
(1) "The commercial food establishment and any surrounding area, premises or
facilities supporting the commercial food establishment must be kept free of
pests and of conditions that lead to the harbouring or breeding of pests".
Order of an Executive Officer – Notice of Closure
RE: The Food Establishment located in Edmonton, Alberta and municipally described as: Bukhara Indian Bistro, 9266 34
Avenue.
Page 4 of 9

(2) A written record of all pest control measures used in the commercial food
establishment and surrounding area, premises and facilities referred to in
subsection (1) must be maintained.

e. Violations [ b., c., e, f., j., and m.] are contravention of Section 23(1) of the Food
Regulation, which states:
(1) “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.
(2) Subject to any procedure involved in disposing of it that is otherwise in
accordance with the law, food that has become contaminated or
otherwise unfit for human consumption must not be served, offered for
sale, processed, packaged, displayed or stored for human consumption.”

f. Violations [a., b., c., d., e., g., f., j., and q.] are in contravention of Section 24 of the
Food Regulation, which states: “All food handling in a commercial food
establishment must be done in a manner that makes the food safe to eat. “

g. Violation [a.] is in contravention of Section 25 of the Food Regulation, which states:

(1) “All high-risk food must be stored, displayed and transported at a temperature
of
a. (a) not more than 4ºC or such higher temperature, or (b) not less than
60ºC or such lower temperature as an executive officer stipulates
under subsection (4).
(2) All food that needs to be kept frozen in order to maintain its fitness for human
consumption must be and remain frozen while being stored, displayed,
packaged or transported.”

h. Violations [e., g., h., i.,n., o, q., r., s., t., v., cc., and dd.] are in contravention of
Section 28 of the Food Regulation, which states:
(1) “A commercial food establishment must have all the facilities, equipment and
utensils that are necessary to ensure its safe operation and maintenance.
(2) 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.
(3) All equipment and utensils in a commercial food establishment must be
kept in good working order and condition, and maintained in a manner that
ensures the safe and sanitary handling of food.”

i. Violation [ee.] is in contravention of Section 29 of the Food Regulation, which states:

(1) "A commercial food establishment must have written procedures designed to
ensure its safe and sanitary operation and maintenance"
(2) "The procedures must include (a) the cleaning and sanitizing requirements for
the food establishment and for all equipment and utensils in it, if any, that are
not normally washed in a dishwasher, and (b) a list of all cleaning and
sanitizing agents used in the food establishment, including their
concentrations and uses."
Order of an Executive Officer – Notice of Closure
RE: The Food Establishment located in Edmonton, Alberta and municipally described as: Bukhara Indian Bistro, 9266 34
Avenue.
Page 5 of 9

j. Violations [k.,and l.] are in contravention of Section 30 of the Food Regulation,

which states:
(1) “A food handler must
(a) wear clean clothing and footwear,
(b) exhibit cleanliness and good personal hygiene,
(c) ensure that food is not contaminated by hair,
(d) wash hands as often as necessary to prevent the contamination of
food or food areas,
(e) refrain from smoking in a food area, and
(f) refrain from any other conduct that could result in the contamination of
food or a food area"
(3) The operator must ensure that subsections (1) and (2) are complied with
(4) The handwashing stations referred to in section 17(1)(e) must be maintained
and kept supplied.”

k. Violation [p.] is in contravention of Section 2 of the Nuisance and General Sanitation

Regulation, which states:
(1) No person shall create, commit or maintain a nuisance.
(2) Without limiting the generality of subsection (1), a person who creates,
commits or maintains (a) any premises in a condition that … is or might
become injurious or dangerous to the public health or that might hinder in any
manner the prevention or suppression of disease is deemed to have created,
committed or maintained a nuisance.

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. Cease and desist the practice of storing high risk perishable foods at room
temperature. Keep perishable foods in the cooler or freezer until needed for
processing. Ensure that hot foods meant to be served hot are maintained at
hot holding temperatures of 60ºC with a continual heat source. Only take out
as much food as needed for immediate food preparation. Promptly refrigerate
or freeze perishable foods after processing and cooling or promptly place hot
foods in hot holding equipment. Ensure all perishable foods are maintained
either below 4C or above 60C at all times as to prevent microbial growth.
b. Ensure all foods are adequately covered before stacking another item on top
of the food. Store all open bags of bulk food ingredients in pest – proof
containers with tight fitting lids that are smooth, cleanable, and nonabsorbent
at all times. Due to rodent infestation, ensure that all other shelf stable foods
are stored in pest proof containers with tight fitting lids and ensure those lids
are fully sealed when not in use.
Order of an Executive Officer – Notice of Closure
RE: The Food Establishment located in Edmonton, Alberta and municipally described as: Bukhara Indian Bistro, 9266 34
Avenue.
Page 6 of 9

c. Re-organize the freezers and the coolers. Always cover foods to prevent
cross contamination with food grade material when not being processed. Do
not store raw meat products above or next to cooked foods, vegetables,
partially cooked foods, or ready to eat foods at any time. Ensure that food is
stored in a manner that prevents cross contamination.
d. Cease and desist the practice of storing food scoops or bowls in direct contact
with food product. Use scoops with handles instead of bowls. Ensure the
food equipment is clean before use for food preparation and storage at all
times. Retrain staff on the proper cleaning practices and storage procedures
for scoops. Ensure that utensils are stored in a manner that prevents
contamination of food when not in use.
e. Cease and desist the practice of saving used single-use disposable gloves.
Ensure that gloves are changed as often and as necessary and with a new un-
used pair of gloves. Hands must be washed and gloves changed between
handling of different foods during preparation and between unrelated tasks
(handling cash, garbage, soiled dishware, etc...).
f. Keep wet, used, cleaning cloths in an approved sanitizer solution when not in
use. Ensure that the Guidelines for the use of Wiping Cloths is followed at all
times.
g. Ensure liquid soap and single use or disposable paper towels are supplied at
all hand sinks. Ensure that the hand sinks are accessible for use at all times.
Hands must be washed with soap before beginning work, after handling raw
foods of animal origin; raw meat or poultry or raw fish, shellfish, marine
Crustacea, or eggshells; and after going to the toilet, coughing or sneezing, or
smoking. After washing their hands, employees should never use their aprons
to dry their hands or do anything that could re-contaminate their hands before
returning to work, such as touching their hair. Ensure that all staff practice
proper handwashing at designated fully equipped handwashing stations.
h. Discard all food that has become spoiled, tainted, unwholesome, expired or
otherwise rodent-contaminated foods. Ensure that foods that are stored,
processed, and/or provided for public consumption are wholesome, untainted,
and fit for human consumption at all times. Ensure that unfit foods are not
stored in a manner that may contaminate other foods.
i. Repair the dishwasher. Descale the dishwasher interior. Ensure that effective
and approved chemicals are used during dishwashing at all times. Test the
efficacy of the sanitizer for the dishwasher as often as necessary. All utensils
and food equipment are to be washed, rinsed, and sanitized in the following
manner at all times:
i. wash in a 45°C detergent solution
ii. rinse in 45°C clean, potable water
iii. sanitize by immersing for 2 minutes in no less than 100ppm chlorine
solution or QUAT solution of 200 ppm.
iv. air dry
j. Remove all broken, damaged, or otherwise unsuitable equipment, utensils,
bins, and containers from the food areas. Ensure that food equipment is in
good working condition.
k. Cease and desist the practice of using “moths balls” as a pest control
deterrent that contain naphthalene or paradichlorobenzene or any other
Order of an Executive Officer – Notice of Closure
RE: The Food Establishment located in Edmonton, Alberta and municipally described as: Bukhara Indian Bistro, 9266 34
Avenue.
Page 7 of 9

chemicals or poisons that may become hazardous to humans unless the

person has a license to do so.
l. Cease and desist the practice of storing food scoops in direct contact with
food product. Cease and desist the practice of storing ice scoops in an
unsanitary manner. Ensure the food equipment is clean before use for food
preparation and storage at all times. Retrain staff on the proper cleaning
practices and storage procedures for food equipment. Ensure that utensils
are stored in a manner that prevents contamination at all times.
m. Repair, remove, or replace all broken and /or overworn food equipment
identified within the food facility. Ensure that all equipment within a food
facility is maintained in good working condition as per manufacturer and is
constructed in a manner that is smooth, cleanable, and non-absorbent.
n. Clean and maintain all food contact surfaces, equipment, utensils, bathrooms,
floors, walls and ceilings. Ensure that all equipment, utensils and surfaces
that may come into contact with food is maintained in a sanitary condition,
washed, and sanitized in a manner that removes contamination. Clean under
the cooking appliances, underneath and behind equipment, under shelving
units and coolers and all other equipment and surfaces in the kitchen area,
including the hard-to-reach areas. Thoroughly clean the shelving and the
contents within. Ensure that the food establishment as a whole is maintained
in a clean and sanitary condition.
o. Work with your pest control company to implement a program of integrated
pest management within the facility to eliminate the rodent infestation. Ensure
that appropriate pest control devices are properly placed to facilitate the
eradication of the infestation. Store all foods in a manner that does not allow
for pest contamination. Do not allow garbage, food, debris, or unnecessary
equipment to accumulate in a manner that would facilitate the harborage of
pest or vermin.
p. Do not move, interfere or tamper with any pest monitoring stations, bait, traps
or other pest management devices placed by the Pest Control Company hired.
q. Fill any and all cracks, holes, gaps, and other areas of cockroach harborage.
Repair the holes on the walls and the missing baseboards. Ensure all surfaces
in the food facility are in good repair and in a condition that renders them easy
to clean and in a condition that does not allow the harborage of cockroaches
and other pests. Conduct any other repairs identified by the pest control
company. Ensure that the screen door is weatherproof and is constructed in
such a fashion that prevents the entry of vermin or pests.
r. Repair the leaking plumbing or other sources of leaks from the sinks, faucets,
and/or dishwasher. Repair the indicated defects in the plumbing, drains,
and/or sanitary drainage systems. Such systems include drains, fixtures,
stacks, traps, and vents. Ensure that plumbing and drainage systems are
maintained in compliance with the Alberta Plumbing Code and any other
associated regulations at all times. Ensure that all plumbing is maintained in
good working condition.
s. Cease and desist the practice of leaving vast amounts of dirty dishes in
stagnant water and on top of surfaces overnight. Ensure dishes are cleaned
and sanitized in a timely manner to prevent pest infestations and pest
harborage. Ensure that all garbage items are thrown out in the designated
Order of an Executive Officer – Notice of Closure
RE: The Food Establishment located in Edmonton, Alberta and municipally described as: Bukhara Indian Bistro, 9266 34
Avenue.
Page 8 of 9

garbage receptacles (not on the dishes) and removed from the facility before
close every day.
t. Ensure that all of the garbage receptacles are cleaned regularly to prevent
further pest infestation. Keep garbage and garbage receptacles covered at all
times when not in use.
u. Create and/or revise your written sanitation program to facilitate the proper
cleaning of all areas of the food establishment and educate staff on the
program’s proper usage. Maintain the sanitation program to reflect the
cleaning practices in the facility. Ensure that the written sanitation program is
maintained and kept on site for staff to follow. Ensure sanitation program
includes a list of all cleaning and sanitizing agents used in the food
establishment, including their concentrations and uses.
v. Ensure that all of the staff working in this food facility complete additional food
safety training and provide a certificate issued confirming their successful
completion of a food sanitation and hygiene training program.
w. Ensure that a detailed, written food safety plan is developed and submitted
outlining the criteria, monitoring, corrective actions and verification procedures
and/or internal policies for temperature control of high-risk foods from
purchase to service, personal hygiene, food storage, and pest control. For
example, fill out and maintain the provided “Food Safety First – Daily
Checklist”, a written sanitation schedule, as well as the “Pest Control
Checklist” on a daily basis. Ensure that these checklists are available upon
request within the indicated food facility.

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 closed.

The above conditions were noted at the time of inspection and may not necessarily reflect all
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 Edmonton, Alberta, October 7, 2019

Confirmation of a verbal order issued to Pankaj Dua and Bikramjit Singh on October 3, 2019

_______ (Original Signed) _______

Nicole Obert, B.A., B.E.H., CPHI(C)
Executive Officer
Alberta Health Services
Order of an Executive Officer – Notice of Closure
RE: The Food Establishment located in Edmonton, Alberta and municipally described as: Bukhara Indian Bistro, 9266 34
Avenue.
Page 9 of 9

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
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: www.health.alberta.ca/about/health-legislation.html
Template revised May 23, 2019

Edmonton • Environmental Public Health

Suite 700, 10055 106 Street, Edmonton, Alberta, Canada T5J 2Y2

www.albertahealthservices.ca/eph.asp