The state Department of Agriculture conducts annual inspections of food-serving businesses to ensure public safety and safe food-handling practices. Schools are inspected twice per year, according to the Bureau of Food Safety and Laboratories.

Whether an establishment is considered compliant or non-compliant is the discretion of the inspector. There are, however, several violations for which inspectors should automatically consider establishments non-compliant. Called "critical violations," they include food temperature issues, issues with chemicals and how they're handled, and employee hygiene.

Depending on the severity of the situation, inspectors and their supervisors could file citations or close an establishment.

Below is a list of establishments listed as out-of-compliance for inspections conducted Jan. 28-Feb. 5.

OUT OF COMPLIANCE

Brother's Pizza, 140 Newberry Parkway, Etters.

Action: Violations included motor oil being used on mixer equipment; personal-use medicines stored on bain-marie shelving; a food employee using wiping cloths to wipe off hands instead of properly washing hands at the hand sink; garlic knots stored in a container previously used to store laundry detergent, a toxic or poisonous substance; a food employee eating and sitting a dish of food directly on the bain-marie; a food employee touching cooked pizza with bare hands; food in the walk-in cooler/bain-marie stored open with no covering; personal food in the bain-marie stored directly on top of food; personal items (jackets) stored on top of single-service, to-go containers; a food employee changing tasks (going outside and changing stations) that may have contaminated hands without a proper handwash in between; a food employee wearing single-use gloves without a prior hand wash; food employees not wearing proper hair restraints; slicer in contact with food without being properly cleaned and sanitized before use; cup with no handles used as a scoop in the bulk sugar container; cardboard used on shelving, which is not a smooth, easily cleanable surface; time in lieu of temperature being used in the food facility to control ready-to-eat, potentially hazardous foods without written procedures or documentation to verify disposal of food; trash bags used to cover/package food items, which is not a food-grade product; walk-in cooler door missing a handle, and operator was using a linen to open the door; deeply scored cutting boards were not resurfaced or discarded as required; observed the door and inside of microwave oven peeling paint and rusting; accumulation of static dust on fan guards in the pizza bain-marie; employee using linens to wipe off knives instead of properly dishwashing; wiping cloths stored on counters and not in sanitizing solution, which was not made at the time of inspection; no chemical sanitizer being used on equipment and utensils after washing and rinsing them, or prior to use; single-service items stored with food-contact surface up; paper towel dispenser was empty at the handwash sink in the food preparation/serving area; soap was not available at the handwash sink in the food preparation/serving area; no light in the walk-in cooler; mop stored next to a bag of flour, with potential to contaminate food equipment and utensils; Food Employee Certification was not displayed.

Comment: Owner William Freeburn said all violations were corrected and the restaurant passed a follow-up inspection the next day. A copy of the passed inspection report is posted in the restaurant window, he said.

Burger King, 2400 Mount Rose Ave., York.

Action: Violations included deeply scored cutting boards not resurfaced or discarded as required; hot units contained old food particles which could fall into new food; old stickers, glue and food particles on clean pans; dirty floors; excessive static dust on the ceiling around vents.

Comment: A manager said all violations have been corrected.

IN COMPLIANCE

No restaurants were listed in compliance.