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Santa Clara County, CA

Pho Tau Bay

3005 Silver Creek Rd 168

Last inspected Aug 28, 2026 · View Map ↗ · Compare ↗

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ImprovingThe latest inspection recorded fewer violations than the one before it. Review the dated records below.

The full inspection history

5 inspections

Follow-Up Inspection

Aug 28, 2026

Pass

0 recorded violations

No violations recorded in this inspection.

Official record from Santa Clara County Department of Environmental Health, Aug 28, 2026 · Original Source

Routine Inspection

Aug 27, 2026

Closed

The health department recorded a closure at this inspection.

16 recorded violations

minorCode K44Pests

Official wording

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

Inspector’s notes

FOUND AN EMPLOYEE'S CUP STORED ON TOP OF THE SLICER. [CA] STORE PERSONAL ITEMS SEPARATE AND AWAY FROM FOOD OR FOOD RELATED ITEMS. COS FOUND THE MOP INSIDE THE BUCKET. [CA] HANG THE MOP TO AIR DRY. FOUND CLUTTER BELOW THE DRY STORAGE/TOWELS SHELF NEAR THE BACK DOOR. [CA] REMOVE THE CLUTTER.

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 K38Facility maintenance

Official wording

Adequate ventilation/lighting; designated areas, use

Inspector’s notes

FOUND A LAYER OF ALUMINUM FOIL WRAPPED AROUND THE EDGE OF THE HOOD. [CA] REMOVE THE FOIL.

In plain English

Floors, walls, ceilings, lighting, ventilation, or garbage areas needed repair or cleaning. These are usually less urgent than food-handling problems but still need to be fixed.

More about building upkeep issues
minorCode K27Other

Official wording

Food separated and protected

Inspector’s notes

FOUND SEVERAL FOODS UNCOVERED IN THE WALK IN FREEZER AND WALK IN COOLER. [CA] COVER FOOD. FOUND RAW CHICKEN STORED NEXT TO BAGGED SHRIMP AND PRODUCE IN THE WALK IN FREEZER. [CA] STORE CHICKEN BELOW SHRIMP.

In plain English

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

More about other finding
criticalCode K23Pests

Official wording

No rodents, insects, birds, or animals

Inspector’s notes

FOUND 2 DEAD COCKROACHES IN THE FOLLOWING AREAS: ON THE FLOOR NEAR THE WALK IN FREEZER IN THE KITCHEN, NEAR THE BACK DOOR BY A SHELF WITH DRY FOOD AND PAPER GOODS NEAR THE RESTROOM. [CA] FOOD FACILITIES SHALL NOT HAVE ANY COCKROACHES ON THE PREMISES. REMOVE THE COCKROACHES, CLEAN THE FACILITY, MOVE THE EQUIPMENT TO CHECK AND SEAL ANY GAPS OR CREVICES ON THE WALLS, FLOORS AND CEILINGS WHERE THE COCKROACHES MAY BE ENTERING THE BUILDING. DISCARD ANY FOOD THAT MAY BE CONTAMINATED BY THE COCKROACHES. REMOVE ANY UNUSED EQUIPMENT OR CLUTTER. REMOVE ANY ENCRUSTED FOOD ON THE FOOD PREPARATION TABLES, UNDER EQUIPMENT, ON THE FLOORS AND WALLS. CLEAN AND SANITIZE ALL SURFACES PRIOR TO CONTACTING THE DEPARTMENT. NOTE: ONE RE-INSPECTION WILL BE FREE OF CHARGE, IF ADDITIONAL RE-INSPECTIONS ARE NEEDED FOR THE SAME ISSUE, THEY WILL BE CHARGED AT $282 PER HOUR DURING BUSINESS HOURS, MINIMUM ONE HOUR OR $645/2-HOUR MINIMUM DURING NON-BUSINESS HOURS, AND UPON INSPECTOR AVAILABILITY. CALL MARCELA AT 408-687-3451 WHEN READY FOR A RE-INSPECTION.

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 K45Cleaning and sanitizing

Official wording

Floor, walls, ceilings: built,maintained, clean

Inspector’s notes

FOUND A CREVICE ON THE WALL BY THE WALK IN COOLER. [CA] SEAL ALL CREVICES TO DENY VERMIN HARBORAGE. FOUND THE FLOORS IN THE KITCHEN, WALK IN COOLER AND WALK IN FREEZER WITH FOOD DEBRIS. [CA] CLEAN THE FLOORS MORE OFTEN.

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

FOUND THE ORIGINAL TIN CANS BEING USED TO STORE FOOD IN THE SERVICE REFRIGERATOR. [CA] USE FOOD GRADE WASHABLE CONTAINERS. FOUND PREPACKAGED CHILI CONTAINERS STORED IN THE SANITIZER BUCKET. [CA] DO NOT STORE FOOD IN THE SANITIZER BUCKETS.

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 K35Equipment and utensils

Official wording

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

Inspector’s notes

THE WALK IN COOLER IS UNABLE TO KEEP THE POTENTIALLY HAZARDOUS FOOD AT 41F OR BELOW. [CA] REPAIR/ADJUST THE WALK IN COOLER SO THAT IT CAN KEEP THE POTENTIALLY HAZARDOUS FOOD AT 41F OR BELOW. FOUND THE SERVICE REFRIGERATOR ACROSS THE COOK RANGE WITH WATER BUILD UP. [CA] REPAIR THE REFRIGERATOR. FOUND CARDBOARD LINING SOME SHELVES IN THE KITCHEN. [CA] DISCONTINUE LINING THE SHELVES WITH CARDBOARD.

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 K06Handwashing

Official wording

Adequate handwash facilities supplied, accessible

Inspector’s notes

FOUND 2 BUCKETS STORED IN FRONT OF THE HAND WASH SINK. [CA] KEEP THE HAND WASH SINK ACCESSIBLE AT ALL TIMES.

In plain English

Staff were not washing their hands when required, or a handwashing sink was blocked, missing soap or paper towels, or used for something else. Hands are one of the most common ways germs reach food.

More about handwashing problems
minorCode K30Other

Official wording

Food storage: food storage containers identified

Inspector’s notes

FOUND A CONTAINER WITH SUGAR AND HONEY STORED ON THE FLOOR IN THE SMALL ROOM NEXT TO THE KITCHEN. FOUND SEVERAL FOOD CONTAINERS STORED ON THE FLOOR IN THE WALK IN COOLER AND WALK IN FREEZER. [CA] STORE FOOD 6 INCHES ABOVE THE FLOOR.

In plain English

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

More about other finding
minorCode K29Chemicals

Official wording

Toxic substances properly identified, stored, used

Inspector’s notes

FOUND THE CONCENTRATION OF CHLORINE SANITIZER AT 200PPM. [CA] PROVIDE 100 PPM. COS

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
criticalCode K07Food temperature

Official wording

Proper hot and cold holding temperatures

Inspector’s notes

THE FOLLOWING FOOD WAS FOUND BETWEEN 47F AND 52F F STORED IN THE WALK IN COOLER FOR OVER 4 HRS.: RICE POURIDGE 52F, TOMATO SAUCE 47F, ORANGE SAUCE 48F. FOUND THE BEAN SPROUTS AT 77F STORED ON THE SHELF IN THE KITCHEN. [CA] KEEP COLD POTENTIALLY HAZARDOUS FOOD AT 41F OR BELOW. NOTE: THE REST OF THE FOOD HAS BEEN IN THE REFRIGERATOR FOR LESS THAN 4 HRS, PER OPERATOR. THE FOOD WAS RELOCATED TO A WORKING REFRIGERATOR/FREEZER. FOUND THE COOKED CHICKEN IN THE SERVICE REFRIGERATOR TO INSERT AT 42F AND THE SHRIMP AT 45F. [CA] KEEP COLD POTENTIALLY HAZARDOUS FOOD AT 41F OR BELOW.

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
minorCode K41Water, plumbing, and sewage

Official wording

Plumbing approved, installed, in good repair; proper backflow devices

Inspector’s notes

FOUND A LEAK AT THE FOOD PREPARATION SINK NEAR THE WALK IN FREEZER.[CA] REPAIR THE LEAK.

In plain English

The business had issues with hot or cold running water, plumbing, drains, backflow prevention, or sewage disposal. Some of these, like no hot water, can force a temporary closure until fixed.

More about water, plumbing, or sewage problems
minorCode K19Food temperature

Official wording

Consumer advisory for raw or undercooked foods

Inspector’s notes

MISSING THE CONSUMER WARNING SIGN EITHER POSTED IN PUBLIC VIEW OR IN THE MENU REFERENCING THE RAW FOOD. [CA] PROVIDE CONSUMER WARNING.

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
minorCode K33Cleaning and sanitizing

Official wording

Nonfood contact surfaces clean

Inspector’s notes

FOUND THE EXTERIOR SIDE OF THE BULK CONTAINERS WITH FOOD DEBRIS THROUGHOUT THE KITCHEN. [CA] CLEAN THE CONTAINERS MORE OFTEN.

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 K40Cleaning and sanitizing

Official wording

Wiping cloths: properly used, stored

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 K01Permits, training, and postings

Official wording

Demonstration of knowledge; food safety certification

Inspector’s notes

THE FOOD HANDLER'S CARDS HAVE EXPIRED. [CA] PROVIDE CURRENT FOOD HANDLER'S CARDS.

In plain English

A required permit, food safety certificate, trained manager, or posted sign was missing or not current. These show the business is following the rules and has trained staff.

More about paperwork, training, or posting issues

Official record from Santa Clara County Department of Environmental Health, Aug 27, 2026 · Original Source

Follow-Up Inspection

Oct 24, 2025

Pass

0 recorded violations

No violations recorded in this inspection.

Official record from Santa Clara County Department of Environmental Health, Oct 24, 2025 · Original Source

Routine Inspection

Oct 22, 2025

Conditional Pass

9 recorded violations

minorCode K30Other

Official wording

Food storage: food storage containers identified

Inspector’s notes

FOUND MULTIPLE POTS AND BOXES WITH FOOD STORED ON THE FLOOR IN THE WALK IN COOLER AND WALK IN FREEZER. [CA] STORE FOOD 6 INCHES ABOVE THE FLOOR.

In plain English

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

More about other finding
minorCode K44Pests

Official wording

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

Inspector’s notes

FOUND 3 GLASSES WITH JUICE STORED ON THE FOOD PREPARATION TABLES. [CA] USE CONTAINERS WITH A LID AND STRAW IN THE FOOD PREPARATION AND FOOD STORAGE AREAS FOR EMPLOYEES.

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 K01Permits, training, and postings

Official wording

Demonstration of knowledge; food safety certification

Inspector’s notes

THE FOOD SAFETY CERTIFICATE FOR MANAGERS HAS EXPIRED. [CA] PROVIDE A CURRENT FOOD SAFETY CERTIFICATE.

In plain English

A required permit, food safety certificate, trained manager, or posted sign was missing or not current. These show the business is following the rules and has trained staff.

More about paperwork, training, or posting issues
criticalCode K15Food source and labeling

Official wording

Food obtained from approved source

Inspector’s notes

FOUND YOGURT BEING MAKE ON LOCATION AND RETAILED. [CA] MUST STOP MAKING YOGURT AND RETAILING AS YOU NEED A CDFA LICENSE TO DO SO. REMOVE THE YOGURT FROM SALE.

In plain English

Food came from an unapproved source, was missing required date marks or labels, or was past its use-by date. Knowing where food came from and how old it is helps prevent illness.

More about food source, dating, or labeling problems
minorCode K45Cleaning and sanitizing

Official wording

Floor, walls, ceilings: built,maintained, clean

Inspector’s notes

FOUND MOLD ON THE WALL ABOVE THE 3 COMPARTMENT SINK. [CA] REMOVE THE MOLD.

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 K08Other

Official wording

Time as a public health control; procedures & records

Inspector’s notes

FOUND TAPIOCA PEARLS WITH NO DATE AND TIME MARKINGS TO BE USED WITH TIME AS A PUBLIC HEALTH CONTROL. [CA] MUST USE DATE AND TIME TO KEEP THE FOOD SAFE UP TO 4 HRS. SEE VC&D

In plain English

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

More about other finding
minorCode K35Equipment and utensils

Official wording

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

Inspector’s notes

FOUND A TRASH PLASTIC BAG COVERING THE CHICKEN, FOUND NEWSPAPER COVERING THE ONIONS. FOUND A BLACK TRASH BAG LINING A LARGE NON FOOD GRADE CONTAINER AND USING IT TO STORE THE COOKED BEEF BONES IN THE WALK IN COOLER. [CA] USE ONLY FOOD GRADE COVERINGS AND TO STORE FOOD.

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 K07Food temperature

Official wording

Proper hot and cold holding temperatures

Inspector’s notes

FOUND THE SHELLED EGGS AT 76F STORED ON THE COUNTER IN THE KITCHEN. FOUND THE BEAN SPROUTS AT 70F STORED ON THE COUNTER IN THE KITCHEN. FOUND FISH CAKE AT 54F STORED ON THE TOP OF THE INSERTS IN THE SERVICE REFRIGERATOR. [CA] KEEP COLD POTENTIALLY HAZARDOUS FOOD AT 41F OR BELOW. OWNER STATES THAT THE FOOD HAS BEEN OUT FOR LESS THAN ONE HOUR. THE FOOD WAS RETURNED TO THE REFRIGERATOR.

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
minorCode K40Cleaning and sanitizing

Official wording

Wiping cloths: properly used, stored

Inspector’s notes

FOUND A WIPING CLOTH STORED ON THE COUNTER IN THE FRONT SERVICE AREA. [CA] STORE WIPING CLOTH IN A SANITIZER SOLUTION WHILE NOT IN USE.

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, Oct 22, 2025 · Original Source

Routine Inspection

Apr 25, 2025

Pass

5 recorded violations

minorCode K07Food temperature

Official wording

Proper hot and cold holding temperatures

Inspector’s notes

Packages of cured uncooked ground pork (nem nuong) was measured at 48 degrees Fahrenheit. Per employee, the nem nuong was going to be cooked. [Corrective Action] Maintain Potentially Hazardous Foods at or below 41 degrees Fahrenheit. [Suitable Alternative] Employee returned the nem nuong back into the walk-in cooler.

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
minorCode K27Other

Official wording

Food separated and protected

Inspector’s notes

1. Rice noodles observed stored on the dishwasher's drainboard. [Corrective Action] Discontinue storing any food on the dishwasher's drainboard. 2. Observed containers of food stored directly on the floor in the walk-in cooler and walk-in freezer. [Corrective Action] Store all foods at least 6 inches above the floor on approved shelving.

In plain English

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

More about other finding
minorCode K36Equipment and utensils

Official wording

Equipment, utensils, linens: Proper storage and use

Inspector’s notes

1. Observed knives stored between the work table and the wall near the meat slicers. [Corrective Action] Discontinue storing knives in the crevice. 2. Observed employee arm rubbing against scoops when reaching for the paper towels at the handwash sink at the service area. [Corrective Action] Re-located the scoops.

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 K33Cleaning and sanitizing

Official wording

Nonfood contact surfaces clean

Inspector’s notes

1. Grime accumulation on the side of the ice machine. [Corrective Action] Thoroughly clean and maintain clean. 2. Dust accumulation on the fan guard in the walk-in cooler. [Corrective Action] Thoroughly clean and maintain clean. 3. Grease accumulation on the containers at the dry storage area. [Corrective Action] Thoroughly clean and maintain clean. 4. Grime accumulation on the shelving of the work table. [Corrective Action] Thoroughly clean and maintain clean.

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

1. Broken and missing floor tiles observed at the cookline. [Corrective Action] Maintain floor in good condition. 2. Dust accumulation on the ceiling in the walk-in cooler. [Corrective Action] Thoroughly clean and maintain clean.

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, Apr 25, 2025 · Original Source

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