Food service businesses that have been issued critical violations during routine inspections are now listed on the city's Web site, a service started June 1.

So far, 29 businesses are on the list. But before readers of the list get too concerned after spotting a favorite restaurant or business on the list, they might want to learn more about the violations issued.

Dave Selensky would appreciate it.

Selensky owns West Dakota Meats, a Bismarck business that typically gets "super ratings" from the city's food service inspectors, he said.

But there was a problem in July when an inspector noticed Selensky didn't have a required sign inside the store.

Selensky said a state inspector stopped by, noticed he didn't have a sign and called the city inspectors, who saw Selensky didn't have it and leveled a critical violation against him. He has since put up a sign and there's no longer a problem.

The critical violation against him will remain posted for six months on the city's Web site.

Mel Fischer, administrator of Bismarck's Environmental Health Division, said that because of new state requirements regarding place-of-origin labeling, Selensky needed to have a sign informing customers of his products' origin.

So, Selensky now has a new sign on top of the main meat display case: "All products of domestic origin."

Fischer said that particular violation is low on the priority list - especially compared to other critical violations regarding improper sanitation practices and refrigeration of food. But it is a critical violation and the business had to be cited, he said.

Critical violations of the food code are mainly such things as proper food storage, required temperatures for cooling, freezing and heating, insect and rodent control, utensil-washing procedures and personal hygiene practices.

"A critical violation is deemed critical by the food code," he said. "It constitutes a potential for a food-borne illness."

Selensky said he's concerned about Fischer's department putting critical violations on the Web site when, like his, it can be as simple as a sign, and not have anything to do with food preparation. He's concerned about the possibility of people's businesses being hurt. "Something that simple (could be) taken seriously by the public and could ruin your business," he said.

Fischer said that only one business, and he couldn't recall which one, has complained to him about the listing of violations.

But he hears regularly from the general public about what it thinks.

Soon after the violations began to be posted in June, about 30 people called or approached him expressing their support for the Web site listing - that it was long overdue. Even now, about once a day, he hears from someone thanking him for the listing, he said.

Fischer said it's his position that "it's the public's right to know."

Fischer's two inspectors watch over about 330 eateries, which include school cafeterias, medical facilities and retail facilities, such as grocery stores. Each one is inspected at least once every six months. However, if the restaurant is new and has a high-risk menu, the inspections may happen once every four months for a year.

Since Fischer's staff started posting critical violations, there have been, as of Wednesday, 99 food-service businesses that have received a routine inspection. Of those, 29 of the businesses received one or more critical violations - which need to be corrected in 10 days. The majority of food-service businesses in the city still haven't been inspected since the public posting started. As additional businesses get their routine inspections, the results of any critical violations found will be posted.

Fischer said that by mid-December, all of the city's food-service businesses will have received a routine inspection. At that point, readers of the list will know if their favorite restaurant isn't listed it's because a critical violation wasn't found during its inspection. Not because it just hasn't been inspected yet.

Some restaurant managers interviewed said often the critical violations happen at extremely busy rush times or involve new employees. During rush times, the coolers' temperatures can rise because of frequent door-opening, they said.

Fischer said that, with regard to required temperatures in coolers, refrigeration units are capable of maintaining temperature despite frequent opening of the door. And his inspectors would take into consideration the circumstances when making a determination.

A spokesman for Wal-Mart Supercenter bakery in south Bismarck said the store's bakery got a critical violation July 21 because a cart was located in front of a hand sink. "We have since moved it,"said Marisa Bluestone, a corporate spokeswoman in Arkansas.

Fischer said it's critical that a hand sink remain unobstructed.

Fischer said in about the last six or eight months, he has really started to notice an increase in the number of critical violations restaurants are getting during routine inspections. He attributes a lot of it to an even higher turnover of restaurant employees than ever before. He doesn't know if it's because of more job opportunities in the area, but his inspectors are seeing new faces more often when going back into restaurants.

He said that means that restaurants are continually having to try to educate new employees on food code requirements.

"The establishments that typically would get one or two violations during an inspection are now getting three and four or more,"he said.

The Web site only lists critical violations found during routine inspections, not non-critical violations, Fischer said.

It also doesn't list non-critical and critical violations found in inspections that aren't routine inspections - specifically inspections done as a result of a public complaint.

Fischer said that about 95 percent of the public's complaints don't pan out.

Since June 1, there have been eight public complaints. Inspectors determined six of the complaints weren't valid. One complaint, regarding a sneeze guard at Texas Roadhouse, resulted in the restaurant being directed to repair it.

The remaining complaint involved Minerva's Restaurant, which was inspected after a complaint received June 6.

Fischer said 25 people eating at a June 2 luncheon following a funeral, catered by Minerva's, became ill with vomiting and diarrhea. Another 11 people, for a total of 36, who ate food from the restaurant between June 2-7 also became ill.

Five stool specimens were collected from ill individuals and tested positive for norovirus, according to a North Dakota Department of Health report.

Eight food workers at the restaurant were reported to be ill during the same week. Chopped fresh fruit was the probable source of contamination, according to the report. Fruit, which was eaten by everyone who became ill, was prepared by one of the sick food workers who reported being symptomatic when working. Fischer said there was no fruit left to test, so he can't say with 100 percent certainty it was the cause. But after interviewing employees and investigating the matter, that was the investigation's conclusion.

Commonly associated with winter months, norovirus is sometimes referred to as the "winter vomiting disease," but it can occur year-round, according to the report. First reported in Denmark in 1935, the virus is now known to cause more than 50 percent of foodborne outbreaks in the United States.

Fischer said Minerva's - which he describes as a good operation, based on past inspection results - was issued two critical violations, including one for improper handwashing and one for hygienic practices because an employee reported to work ill. The restaurant was also instructed to thoroughly clean and sanitize the food-prep area and conduct a review of employee hygienic practices.

He said his department's current policy is only to list violations on the Web site from routine inspections and so the two violations at Minerva's aren't listed. But they are listed in the department's records, which are open to the public.

Brian Thompson, regional manager of Minerva's and based out of Sioux Falls, S.D., said norovirus has never occurred at Minerva's before.

"We take great pride in the training of our staff,"he said. "We've never had anything like this. Our standards are very high."

To read the list of violations found during June, July and August inspections to date, go to http://www.bismarck.org and click on "city departments." Then click on "Fire & Inspection Department." Then scroll down to the subhead, "Food Service Inspections"and click on "critical items."

(Reach reporter Virginia Grantier at 250-8254 or at virginia.grantier@;bismarcktribune.com.)