Establishment
Establishment Name DON CHUY'S FRESH MEX & CANTINA License Number 39045 Risk Category Category I - High Risk Less Than 5,000 sq. ft.
Physical Address 8725 METCALF
Overland Park, KS 66212 		Telephone (828) 406-1283 Permit Holder EL PRINCIPE LLC
Inspection Details
Date 08/20/2026 Time In 12:00 PM Time Out 04:00 PM Inspection Reason Complaint
Inspector(s) KDA 194* Follow-Up Required Yes
Risk factors are improper practices or procedures identified as the most prevalent contributing factors of food-borne illness or injury. Public health interventions are control measures to prevent food-borne illness or injury.
Good Retail Practices are preventative measures to control the addition of pathogens, chemicals and physical objects into foods.
Violations cited in this report must be corrected within the time frames entered below, or as stated in sections 8-405.11 of the food code.
P=Priority Violation, Pf=Priority foundation violation, HACCP=Hazard Analysis-Critical Control Point, BHC=Bare Hand Contact, RTE=Ready to Eat, HSP=Highly Susceptible Population, K.S.A.=Kansas Statutes Annotated, All temperatures are measured in degrees Fahrenheit (°F).
IF YOU HAVE ANY QUESTIONS PLEASE VISIT www.agriculture.ks.gov, EMAIL kda.fsl@ks.gov, OR CALL (785) 564-6767.
IN = In compliance   OUT = Not in compliance   N/O = Not observed   N/A = Not applicable   * = Corrected on site during inspection (COS)   R = Repeat Violation
Risk Factors
Supervision and Demonstration of Knowledge
1 Certification by accredited program, compliance with Code, or correct responses; Duties. IN
Employee Health/Responding to Contamination Events
2 Management awareness; policy present; cleanup plan. OUT, (*)
3 Proper use of reporting, restriction and exclusion. IN
Good Hygienic Practices
4 Proper eating, tasting, drinking, or tobacco use. IN
5 No discharge from eyes, nose and mouth. IN
Preventing Contamination by Hands
6 Hands clean and properly washed. IN
7 No bare hand contact with RTE foods or approved alternate method properly followed. IN
8 Adequate handwashing facilities supplied and accessible. OUT, (*)
Approved Source
9 Food obtained from approved source. IN
10 Food received at proper temperature. N/O
11 Food in good condition, safe and unadulterated. OUT, (*)
12 Required records available: shellstock tags, parasite destruction. OUT
Protection from Contamination
13 Food separated and protected. OUT, (*)
14 Food-contact surfaces: cleaned and sanitized OUT, (*)
Protection from Contamination (cont.)
15 Proper disposition of returned, previously served, reconditioned and unsafe food IN
Temperature Control for Safety Time/Temperature
16 Proper cooking time and temperatures. IN
17 Proper reheating for hot holding procedures. N/O
18 Proper cooling time and temperatures. N/O
19 Proper hot holding temperatures. OUT, (*)
20 Proper cold holding temperatures. OUT, (*)
21 Proper date marking and disposition. IN
22 Time as a public health control: procedures and records. N/A
Consumer Advisory
23 Consumer advisory provided for raw or undercooked foods. OUT
Highly Susceptible Populations
24 Pasteurized foods used; prohibited foods not offered. N/A
Chemical
25 Food additives: approved and properly used. N/A
26 Toxic substances properly identified, stored and used. IN
Conformance with Approved Procedures
27 Compliance with equivalent operating plan, specialized process and HACCP plan. N/A
Good Retail Practices
Safe Food and Water
28 Pasteurized eggs used where required. N/A
29 Water and ice from approved source. IN
30 Equivalent operating plan obtained for specialized processing methods. N/A
Food Temperature Control
31 Proper cooling methods used; adequate equipment for temperature control. IN
32 Plant food properly cooked for hot holding. N/O
33 Approved thawing methods used. IN
34 Thermometers provided and accurate. IN
Food Identification
35 Food properly labeled; original container. IN
Prevention of Food Contamination
36 Insects, rodents and animals not present. OUT
37 Contamination prevented during food preparation, storage and display. IN
38 Personal cleanliness. IN
39 Wiping cloths: properly used and stored. N/O
40 Washing fruits and vegetables. N/O
Proper Use of Utensils
41 In-use utensils: properly stored. IN
42 Utensils, equipment and linens: properly stored, dried and handled. IN
Proper Use of Utensils (cont.)
43 Single-use and single-service articles: properly used. IN
44 Gloves used properly. OUT, (*)
Utensils, Equipment and Vending
45A Food and non-food contact surfaces cleanable, properly designed, constructed and used - Priority and Priority foundation items. IN
45B Food and non-food contact surfaces cleanable, properly designed, constructed and used - Core items. IN
46 Warewashing facilities: installed, maintained and used; test strips. IN
47 Non-Food contact surfaces clean. IN
Physical Facilities
48 Hot and cold water available; adequate pressure. IN
49 Plumbing installed; proper backflow devices. IN
50 Sewage and waste water properly disposed. IN
51 Toilet facilities: properly constructed, supplied and clean. IN
52 Garbage and refuse properly disposed; facilities maintained. IN
53 Physical facilities installed, maintained and clean. IN
54 Adequate ventilation and lighting; designated areas used. IN
Administrative/Other
55 Other violations IN
Risk Factors
Item Code Section Priority Comment
2 2-501.11 Pf A FOOD ESTABLISHMENT shall have written procedures for EMPLOYEES to follow when responding to vomiting or diarrheal events that involve the discharge of vomitus or fecal matter onto surfaces in the FOOD ESTABLISHMENT. The procedures shall address the specific actions EMPLOYEES must take to minimize the spread of contamination and the exposure of EMPLOYEES, consumers, FOOD, and surfaces to vomitus or fecal matter.
Inspector Comment: The establishment did not have a written plan to clean up vomiting or diarrheal incidents. Education and template provided. https://agriculture.ks.gov/docs/default-source/fsl--handouts/72-vomiting-and-diarrhea-cleanup.pdf?sfvrsn=d9479fc1_4
8 5-205.11(B) Pf A HANDWASHING SINK may not be used for purposes other than handwashing.
Inspector Comment: Observed a employee fill a cambro with water from the handwashing sink in the cooking area. COS - instructed to pour out water, educated. employees cleared and sanitized ware washing sink for use as a food prep sink.
11 3-101.11 P FOOD shall be safe, UNADULTERATED, and honestly presented.
Inspector Comment: In the front WIC (walk in cooler) there are two opened gallons of whole milk with no opened date that have a use by date of 8/19, todays date is 8/20. COS - voluntarily discard

In the top cold holding drawer under the griddle, there is a large metal prep pan containing cut tomatos with white growth on the tomatoes in one corner. Internal temperature 55F and employee stated that were left in the drawer overnight. COS - voluntary discard
12 3-203.12(C) Pf SHELLSTOCK, Maintaining Identification for 90 Days - The identity of the source of SHELLSTOCK that are sold or served shall be maintained by retaining SHELLSTOCK tags or labels for 90 calendar days from the date the last SHELLSTOCK from the container is sold or served.
Inspector Comment: Shellstock tags have not been retained. Educated, not COS.
13 3-302.11(A)(1) P Cross Contamination (Raw READY-TO-EAT FOOD)
Inspector Comment: On the top shelf of the WIC with the freezer inside, there is a box of bacon containing an opened package stored on the top shelf directly above RTE MOS (made on site) soups. COS - rearranged
In the RPT (refrigerated prep table) containing ceviche and bottled sauces, there is a small metal prep container with raw in-shell eggs directly above bottles of RTE sauces. COS - move eggs to bottom shelf.
13 3-302.11(A)(2) P Cross Contamination (Raw Animal FOOD type separation) - FOOD shall be protected from cross contamination by separating types of raw animal FOODS from each other such as beef, FISH, lamb, pork, and POULTRY during storage, preparation, holding, and display by: Using separate equipment for each type; Arranging each type of FOOD in equipment so that cross contamination of one type with another is prevented; or Preparing each type of FOOD at different times or in separate areas
Inspector Comment: In the WIC with the attached freezer, raw animal meats are not stored according to type separaration on wire shelves. On one shelf there is a bus tub of raw beef on top of a lidded metal prep pan of raw fish, on another shelf there is a lidded metal prep pan on the shelf directly above a pan of packaged pork. There are packages of raw chicken stored on the shelf directly above a box of raw oysters. COS - rearranged
14 4-601.11(A) Pf Food Contact Clean to Sight and Touch - EQUIPMENT FOOD-CONTACT SURFACES and UTENSILS shall be clean to sight and touch.
Inspector Comment: Two ladels found hanging on the clean dish rack in the dish pit have a film of food residue on the scoop. COS - returned to dirty dish area.
19 3-501.16(A)(1) P TCS Hot Holding - TIME/TEMPERATURE CONTROL FOR SAFETY FOOD (TCS) shall be maintained at 57°C (135°F) or above.
Inspector Comment: In the tall warming unit, the following items had the following internal temperatures discovered at 12:45PM: corn on the cob - 110F, two prep containers of queso - 99.5, spanish rice - 128F. Corn an Queso were cooked at 10:15AM, rice was cooked at 10:45AM. COS - All items immediately reheated to 165F+ for hot holding. Employees turned up the set point on the unit. After reheating, rice is 136F, recommended turning up the set point a little more.
20 3-501.16(A)(2) P TCS Cold Holding - TIME/TEMPERATURE CONTROL FOR SAFETY FOOD (TCS) shall be maintained at 5°C (41°F) or less.
Inspector Comment: Under the griddle there are two drawers.
The top drawer contains cut tomatoes with an internal temperature of 55F, all other items in this drawer are non-TCS cut raw vegetables.
The bottom drawer contains the following TCS items at the according temperatures: beef strips - 49F, shredded cheese 55F, raw bacon pieces 51F, raw chicken strips 52F, cooked shrimp 56.8F. COS - voluntarily discard

In the RPT across from the griddle, a large metal pan of shredded cheese that has been in place over nigth has an internal termperature of 49F. Ambient temperature of the lower unit is 42F. Other TCS foods are wtihin acceptable range of error. COS - voluntary discard
23 3-603.11(B) Pf Consumer Advisory for Raw or Undercooked Food (DISCLOSURE requirements) - DISCLOSURE shall include: A description of the animal-derived FOODS, such as "oysters on the half shell (raw oysters)," "raw-EGG Caesar salad," and "hamburgers (can be cooked to order)"; or Identification of the animal-derived FOODS by asterisking them to a footnote that states that the items are served raw or undercooked, or contain (or may contain) raw or undercooked ingredients.
Inspector Comment: There is no indicator of which items are being offered served raw on the menu. Items such as: various steaks cooked to order, ceviche, and oysters are included on the menu. Not COS.
Good Retail Practices
Item Code Section Priority Comment
36 6-501.111(A) P Pests (Prohibited) the PREMISES shall be maintained free of insects, rodents, and other pests.
Inspector Comment: No pest control report can be provided, PIC stated they do have a provider. There are several large winged insects in the kitchen and a moderate amount of small winged insects at the bar. Not COS
44 3-304.15(A) P If used, single-use Gloves shall be used for only one task such as Working with READY-TOEAT FOOD or with Raw animal FOOD, used for no other purpose, and discarded when damaged or soiled, or when interruptions occur in the operation.
Inspector Comment: In the main kitchen, observed gloved employee handling a personal cell phone and then immediately handling dried peppers in a pot. COS - instructed to wash hands and change gloves.
Non-Violative Comments
Item Comment
14 Dirty dishes are overflowing in the three compartment sink that also is used for food prep and gathering water. PIC stated the AM dish washer called in sick.
16 Beef strips cooked to 186F on griddle.
46 Ware washing machine in the main kitchen has 25ppm chlorine. Ware washing machine at the bar has 75ppm chlorine.
Published Comment
Food Disposals
Item Disposal Type Disposition Type Amount Description
Other Trash Voluntary 150.00 see questions 8, 20
Guidance Documents Issued
Daily Self-Inspection Checklist
Signatures
Person In Charge
Inspector
Score Summary
Risk LevelRisk FactorsGood Retail PracticesTotal
Priority527
Priority Foundation505
Core000
None000
Total10212
Kansas Department of Agriculture
Food Safety and Lodging Program
1320 Research Park Drive  •  Manhattan, KS 66502
(office) 785-564-6767  •  (fax) 785-564-6777
Notice of Non-Compliance
Inspection Date 08/20/2026 License Number 39045 Inspection No. INSP00303448 Reason Complaint
Business DON CHUY'S FRESH MEX & CANTINA 8725 METCALF
Overland Park, KS 66212 		Phone (828) 406-1283 Inspector Badge ID KDA 194*
Visit DateTime InTime Out
08/20/202612:00 PM04:00 PM

NOTICE OF NON COMPLIANCE WITH KANSAS LAW

The Kansas Food, Drug and Cosmetic Act, effective July 1, 2012 includes K.S.A. 65-619 et seq. and regulations promulgated pursuant thereto and grants the Kansas Department of Agriculture the authority to regulate food establishments and food processing plants

The Kansas Food, Drug and Cosmetic Act requires that all violations shall be corrected no later than 10 days after this inspection unless otherwise directed on this form.

Failure to comply with the food safety law and its regulations may result in embargo of non-compliant products; immediate closure of your establishment; civil penalties of up to $1,000.00 per violation; denial of license renewal, modification, suspension and /or revocation of any license or authority issued pursuant to the food safety law; and/or any other penalty authorized by law. Pursuant to K.S.A 65-619 et seq, licensees issues authority under Kansas Food, Drug and Cosmetic Act may apply to the secretary for an extension of the time prescribed above.

PLEASE CALL (785) 564-6767 IF YOU HAVE ANY QUESTIONS

Follow up Scheduled: Not Scheduled

Inspector
Acknowledged Receipt
Kansas Department of Agriculture
Food Safety and Lodging Program
1320 Research Park Drive  •  Manhattan, KS 66502
(office) 785-564-6767  •  (fax) 785-564-6777
Voluntary Destruction
Inspection Date 08/20/2026 License Number 39045 Inspection No. INSP00303448 Reason Complaint
Business DON CHUY'S FRESH MEX & CANTINA 8725 METCALF
Overland Park, KS 66212 		Phone (828) 406-1283 Inspector Badge ID KDA 194*
Visit DateTime InTime Out
08/20/202612:00 PM04:00 PM

Actions

Number of Products Voluntarily Destroyed: 1

VOLUNTARY DESTRUCTION REPORT

has this day voluntarily destroyed, or caused to be destroyed, the merchandise described below. Said merchandise found in the establishment was unfit for human consumption, misbranded, or otherwise unlawful. Destruction and final disposition of said merchandise has been made in a manner approved by the above named inspector, representative of the Kansas Department of Agriculture.

, representing the establishment, hereby releases the Kansas Department of Agriculture, and its members, agents, and representatives from any and all liability.

ProductDisposal TypeValueDescription
OtherTrash$150.00see questions 8, 20
Inspector
Acknowledged Receipt