Santa Clara County, CA

Birk's Restaurant-Mccandless

Name: Birk's Restaurant-Mccandless
Address: 3955 Freedom Cl, Santa Clara County, CA

3955 Freedom Cl

Last inspected Jun 11, 2026 · View Map ↗ · Compare ↗

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Repeat problemsSerious findings or closures appear in two or more of the last three inspections. Review the dated records below.

The full inspection history

5 inspections

Routine Inspection

Jun 11, 2026

Pass

6 recorded violations

minorCode K33Cleaning and sanitizing

Official wording

Nonfood contact surfaces clean

Inspector’s notes

Shelves in reach ins and under server area observed to have debris and grime. Some shelves observed to be rusting in reach in cooler. [CA] Replace and repair shelves. Maintains shelves in good condition.

In plain English

Dishes, equipment, or surfaces that touch food were not properly washed, rinsed, and sanitized, or sanitizer was not at the right strength. Clean surfaces help stop germs from spreading to food.

More about cleaning or sanitizing problems

minorCode K35Equipment and utensils

Official wording

Equipment, utensils: Approved, in good repair, adequate capacity

Inspector’s notes

Walk in cooler condenser observed to be leaking. [CA] Repair walk in cooler condenser.

In plain English

Equipment, utensils, thermometers, cutting boards, or single-use items were not in good condition, not the right type, or not stored properly.

More about equipment or utensil issues

minorCode K29Chemicals

Official wording

Toxic substances properly identified, stored, used

Inspector’s notes

1) Raid observed in facility. [CA] Only used approved pesticides for commercial food facilities

In plain English

Cleaning products, pesticides, or other chemicals were stored or labeled in a way that could let them get into food. This is serious because chemical contamination can make people sick quickly.

More about chemicals stored or used unsafely

minorCode K40Cleaning and sanitizing

Official wording

Wiping cloths: properly used, stored

Inspector’s notes

1) Wiping clothes at cookline bar and server areas observed to be stored on counter. [CA] Wiping towels shall be stored in sanitizing solution of an approved concentration when not in use (100 ppm - chlorine, 200 ppm - quaternary ammonium).

In plain English

Dishes, equipment, or surfaces that touch food were not properly washed, rinsed, and sanitized, or sanitizer was not at the right strength. Clean surfaces help stop germs from spreading to food.

More about cleaning or sanitizing problems

minorCode K45Cleaning and sanitizing

Official wording

Floor, walls, ceilings: built,maintained, clean

Inspector’s notes

Corners and edges of walls observed to have seal peeling and starting to fray. [CA] Repair corners and edges to ensure PFR wall finish can be maintained.

In plain English

Dishes, equipment, or surfaces that touch food were not properly washed, rinsed, and sanitized, or sanitizer was not at the right strength. Clean surfaces help stop germs from spreading to food.

More about cleaning or sanitizing problems

criticalCode K07Food temperature

Official wording

Proper hot and cold holding temperatures

Inspector’s notes

MAJOR: 1) Salad prep cooler measured to have: -Mozzarella Balls at 50F -Cooked Shrimp at 46F -Crumbled cheese at 51F -Ambient temperature at 50F Cold holding insert observed to be in ice bath and measured to be 41F or below (see measured observations). MINOR: 2) Under counter cooler left most at bar measured to have: -Guava puree at 46F -Lychees at 46F Small gap observed in the left most door. [CA] Maintain PHFs at 41F and below for cold holding. [COS] 1) Cheese was placed on ice bath. Other PHFs were VC&D 2) Purees and syrups were moved to to the other end of cooler where half and half measured to be 41F.

In plain English

Food was not kept cold enough, hot enough, cooled fast enough, or cooked or reheated to the right temperature. Bacteria grow quickly in the "danger zone" between 41°F and 135°F, which makes this one of the most important food-safety checks.

More about food kept at an unsafe temperature

Official record from Santa Clara County Department of Environmental Health, Jun 11, 2026 · Original Source

Routine Inspection

Dec 15, 2025

Pass

3 recorded violations

minorCode K33Cleaning and sanitizing

Official wording

Nonfood contact surfaces clean

Inspector’s notes

Observed accumulation of grime and debris in the side storage area next to the front cook line. Grime and debris also accumulated on shelves in cabinets at the bar and equipment storage in the middle of the prep area in back.[CA] Nonfood-contact surfaces of equipment shall be kept free of an accumulation of dust, dirt, food residue, and other debris.

In plain English

Dishes, equipment, or surfaces that touch food were not properly washed, rinsed, and sanitized, or sanitizer was not at the right strength. Clean surfaces help stop germs from spreading to food.

More about cleaning or sanitizing problems

minorCode K18Other

Official wording

Compliance with variance/ROP/HACCP Plan

Inspector’s notes

1) Facility observed to be using sous vide cooking method with reduced oxygen packaging to cook large roast. Per operator roast was sealed this morning and placed into circulating water bath. Water bath measured to be 148F. Per operator roast is to be removed right now to be portioned and then seared for lunch service and roast shall be not be stored in ROP packaging. 2) Steaks observed to be ROPed by facility in walk in cooler and measured to be 39F. Per label on bin steaks were ROPed yesterday. Per operator, steaks were ROPed between lunch and dinner yesterday afternoon. Steaks observed being cut open and placed into trays to be used for service today. [CA] Facility shall provide a written HACCP plan to the Department and shall follow its written HACCP plan. The food facility shall obtain a HACCP plan approval prior to packaging PHFs using a reduced-oxygen packaging method. Facility may submit a HACCP to be approved by this Agency if storing ROP meats for less than 48 hours. Any PHFs stored in ROP must be time marked and labeled. Provide this agency SOPs HACCP for sous vide and marinading vacuum sealing. Include temperatures, duration, labeling, logs, or any other factors that will be tracked while PHF is under ROP. [SA] All PHFs in ROP was removed from packaging for service during time of inspection. Facility shall submit SOPs for approval prior to using ROP.

In plain English

An issue that does not fit the common categories. Check the official wording for details.

More about other finding

minorCode K07Food temperature

Official wording

Proper hot and cold holding temperatures

Inspector’s notes

Cookline salad prep cooler measured to have: -Thousand island at 43F -Cut tomatoes at 42F -Blue cheese at 43F -Feta cheese at 43F Per operator cooler was just stocked in the last 30-45 minutes for prep for lunch service. [CA] Keep PHFs at 41F and below for cold holding. [COS] All PHFs in reach in portion of prep cooler was iced to maintain 41F and below.

In plain English

More about food kept at an unsafe temperature

Official record from Santa Clara County Department of Environmental Health, Dec 15, 2025 · Original Source

Routine Inspection

Jul 30, 2025

Pass

4 recorded violations

minorCode K14Cleaning and sanitizing

Official wording

Food contact surfaces clean, sanitized

Inspector’s notes

Potato slicer had visible accumulation of food residue. Per PIC, potato slicer is only used every 2 weeks and is cleaned before use. [CA] Food contact surfaces shall be kept free of build-up and food residue.

In plain English

Dishes, equipment, or surfaces that touch food were not properly washed, rinsed, and sanitized, or sanitizer was not at the right strength. Clean surfaces help stop germs from spreading to food.

More about cleaning or sanitizing problems

criticalCode K07Food temperature

Official wording

Proper hot and cold holding temperatures

Inspector’s notes

MAJOR:1. Prep-line cold top insert by salad area and under-counter portion held potentially hazardous foods above 41F (cherry tomatoes 54F, blue cheese 52F, dressing 53F). Per operator, PHF was placed into cooler less than two hours prior to inspection. Per PIC salad prep cooler was stocked within the last 1 hour. MINOR2. 3-door under counter cooler in bakery holding potentially hazardous foods above 41F (milk46F, cheesecake 46F, half and half 45F). Per PIC, milk products were in cooler for more than 4 hours and cakes were in cooler for less than 4 hours. [CA] Repair coolers so that PHFs are held at 41°F or below. [COS]. 1. PHFs were placed in an ice bath in cold-insert. PHFs in under counter cooler were placed back into the walk-in cooler. 2. Milk and half and half were VC&D (see VC&D report). Cakes were placed into walk-in cooler.

In plain English

More about food kept at an unsafe temperature

minorCode K40Cleaning and sanitizing

Official wording

Wiping cloths: properly used, stored

Inspector’s notes

Multiple wiping cloths stored on prep surfaces at prep-line. [CA] Wiping towels shall be stored in sanitizing solution of an approved concentration when not in use (100 ppm - chlorine, 200 ppm - quaternary ammonium).

In plain English

Dishes, equipment, or surfaces that touch food were not properly washed, rinsed, and sanitized, or sanitizer was not at the right strength. Clean surfaces help stop germs from spreading to food.

More about cleaning or sanitizing problems

minorCode K36Equipment and utensils

Official wording

Equipment, utensils, linens: Proper storage and use

Inspector’s notes

Ice scoop handle touching ice in bar area. [CA] Handle to ice scoop shall be stored so that it is not in direct contact with ice. [COS] Ice scoop was placed into designated holder.

In plain English

Equipment, utensils, thermometers, cutting boards, or single-use items were not in good condition, not the right type, or not stored properly.

More about equipment or utensil issues

Official record from Santa Clara County Department of Environmental Health, Jul 30, 2025 · Original Source

Follow-Up Inspection

Jan 9, 2025

Pass

0 recorded violations

No violations recorded in this inspection.

Official record from Santa Clara County Department of Environmental Health, Jan 9, 2025 · Original Source

Routine Inspection

Jan 7, 2025

Conditional Pass

7 recorded violations

minorCode K33Cleaning and sanitizing

Official wording

Nonfood contact surfaces clean

Inspector’s notes

Observed accumulation of grime and debris in the side storage area next to the front cook line. [CA] Nonfood-contact surfaces of equipment shall be kept free of an accumulation of dust, dirt, food residue, and other debris.

In plain English

Dishes, equipment, or surfaces that touch food were not properly washed, rinsed, and sanitized, or sanitizer was not at the right strength. Clean surfaces help stop germs from spreading to food.

More about cleaning or sanitizing problems

criticalCode K07Food temperature

Official wording

Proper hot and cold holding temperatures

Inspector’s notes

1. On the preparation table at the front cookline, measured blue cheese and Caesar dressing at 47F. Per PIC, blue cheese and ranch dressing were placed in preparation table more than four hours prior to temperature measurement. 2. In the 2-door undercounter refrigeration in the front cookline, measured raw beef patty and beef bone at 57F. Per PIC, foods were stored overnight. 3. On the preparation table in the front cookline, measured bernaise sauce at 88F. Bernaise sauce was double stacked in its container. Per PIC, sauce was prepared 2 hours prior to temperature measurement. [CA] Potentially Hazardous Foods (PHFs) shall be kept at 41F or below or 135F or above. Repair refrigeration to maintain PHFs at 41F and below. [COS] 1. PIC discarded foods. See VC&D form. 2. PIC discarded foods. See VC&D form. 3. Bernaise shall be kept on TPHC. Facility shall have SOPs for TPHC and PHFs shall have time tracked. PHFs on TPHC may be kept for up to 4 hours for immediate service and then MUST be discarded at the end of 4 hours.

In plain English

More about food kept at an unsafe temperature

minorCode K36Equipment and utensils

Official wording

Equipment, utensils, linens: Proper storage and use

Inspector’s notes

At the bar, observed tongs and strainer stored on the splash guard of the handwash sink. [CA] Store equipment and utensils away from sinks to prevent contamination.

In plain English

Equipment, utensils, thermometers, cutting boards, or single-use items were not in good condition, not the right type, or not stored properly.

More about equipment or utensil issues

criticalCode K09Food temperature

Official wording

Proper cooling methods

Inspector’s notes

1. In the kitchen, deep plastic container of tortilla soup in an ice bath measured at 110F. Per PIC, tortilla soup was prepared three hours prior to temperature measurement. 2. Deep plastic container of chicken soup in an ice bath measured at 120F. Per PIC, chicken soup was prepared 1 hour prior to temperature measurement. [CA] Potentially hazardous foods (PHFs) shall be rapidly cooled from 135F to 71F in two hours, and 70F to 41F in four hours. Split soups into smaller containers to facilitate efficient cooling. Ensure soups are stirred frequently to evenly cool soups. [COS] 1. PIC reheated the tortilla soup to 165F to restart the cooling process. Soup shall be placed into smaller containers and then into ice bath. 2. PIC separated the chicken soup into smaller containers and placed back into ice bath to facilitate cooling.

In plain English

More about food kept at an unsafe temperature

minorCode K44Pests

Official wording

Premises clean, in good repair; Personal/chemical storage; Adequate vermin-proofing

Inspector’s notes

In the storage area between the walk-in cooler and kitchen, observed door to the outside dumpster is not completely sealed shut. Observed gaps between the door and the wall. [CA] Seal all gaps. Food facility shall be fully enclosed to prevent pest harborage.

In plain English

The inspector found mice, rats, cockroaches, flies, or evidence of them (like droppings) inside the business, or conditions that could attract them. Pests can spread bacteria to food and surfaces, so this is treated as one of the more serious findings.

More about signs of rodents or insects

minorCode K27Other

Official wording

Food separated and protected

Inspector’s notes

In the walk-in cooler, observed raw chicken stored above milk containers. [CA] Raw foods of animal origin shall not be stored over ready-to-eat items.

In plain English

An issue that does not fit the common categories. Check the official wording for details.

More about other finding

minorCode K45Cleaning and sanitizing

Official wording

Floor, walls, ceilings: built,maintained, clean

Inspector’s notes

Observed missing panels in the ceiling throughout the kitchen and in the storage area between the walk-in cooler and kitchen. [CA] Repair holes in structure and maintain in good repair to prevent pest harborage.

In plain English

Dishes, equipment, or surfaces that touch food were not properly washed, rinsed, and sanitized, or sanitizer was not at the right strength. Clean surfaces help stop germs from spreading to food.

More about cleaning or sanitizing problems

Official record from Santa Clara County Department of Environmental Health, Jan 7, 2025 · Original Source