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EMPIRE BAGEL FACTORY

9961 INTERSTATE COMMERCE DR #195, Fort Myers FL 33913 · 239-228-5340

Last inspected Mar 20, 2026 · 8 visits since May 2024

Licence typeRestaurant
Seats15
Risk levelRisk Level 2
LicenceSEA4607632
Grade history
MAY 24
JUL 24
NOV 24
SEP 25
MAR 26
≈ ERRATIC

5 inspections, swinging between A and F. Consistency is the problem here, not any single visit.

Worst finding on record
Live, small flying insects in kitchen, food preparation area, food storage area and/or bar area. 10 by mop sink, 3 by walk-in cooler/freezer, 2 in men's restroom.
High priority/35A-02-6/Warning
Badges — none earned
★ Spotless◆ Clean streak● Perfect year✓ Never fined

Awarded on the inspection record alone. What they mean →

Disciplinary actions

1 case · $400

CaseViolation dateFinal orderAmount
7--2024027336May 9, 2024Aug 29, 2024$400

Inspection history

8 visits, newest first

Mar 20, 2026Inspection Completed - No Further ActionRoutine Inspection

Met inspection standards. 7 violations recorded, none serious enough to require a return visit.

1 High priority2 Intermediate4 Basic
What the inspector wrote — 7 findings
Toxic substance/chemical improperly stored near food items. Operator removed chemical.
High priority/41-10-4/Corrected On-Site
Lack of toilet tissue at each toilet. Women's restroom.
Intermediate/32-11-5/Corrected On-Site
Required employee training expired for some employees. To order approved program food safety material, call DBPR contracted provider: Florida Restaurant and Lodging Association (SafeStaff) 866-372-7233.
Intermediate/53B-14-5
Floor soiled/has accumulation of debris underneath front bagel display reach in cooler.
Basic/36-73-4
Show the remaining 3 findings ▾
Food not stored at least 6 inches off of the floor. Observed box of ham stored on floor in walk in cooler. Operator placed box on shelving.
Basic/08B-47-4/Corrected On-Site
Ice buildup in walk-in freezer. Educated operator on importance of defrosting walk in freezer.
Basic/14-69-4
Single-service articles improperly stored. Observed box of service cups stored on floor in dry storage.
Basic/25-05-4
The state's own report →
Sep 4, 2025Inspection Completed - No Further ActionRoutine Inspection

Met inspection standards. 8 violations recorded, none serious enough to require a return visit.

4 High priority1 Intermediate3 Basic
Show 8 findings ▾
Employee cracked raw shell eggs and then handled ready-to-eat food and/or clean equipment or utensils without washing hands. After cracking raw shell eggs, employee handled ready-to-eat toasted bagel to butter without switching gloves, washing hands. Toasted bagel came into direct contact with raw eggs - see stop sale.
High priority/12A-27-4
Stop Sale issued due to food not being in a wholesome, sound condition. Employee cracked raw shell eggs and then handled ready-to-eat food and/or clean equipment or utensils without washing hands. After cracking raw shell eggs, employee handled ready-to-eat toasted bagel to butter without switching gloves, washing hands. Toasted bagel came into direct contact with raw eggs.
High priority/01B-13-4
Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. In reach-in cooler main, cooked pork sausage (51F - Cold Holding); cooked pork roll (54F - Cold Holding); veggie cream cheese (47F - Cold Holding); Ham (48F - Cold Holding); cut tomatoes (46F - Cold Holding) at top portions filled above fill line. Per operator, top unit was opened 3 hours ago and not closed in between service. Operator voluntarily discarded all items.
High priority/03A-02-5/Corrected On-Site
Time/temperature control for safety food, other than whole meat roast, hot held at less than 135 degrees Fahrenheit. On counter next to flat grill, cooked potatoes hash browns (74F - Hot Holding) for 20 minutes per operator. Operator added a 4 hour time mark for discard and. Discussed with operator updating time as a public health control form when adding new items to time control.
High priority/03B-01-6/Corrective Action Taken
Commercially processed ready-to-eat, time/temperature control for safety food opened and held more than 24 hours not properly date marked after opening. Observed cream cheese and flavored cream cheeses in walk-in cooler, reach-in cooler missing any date marking from date cream cheese was originally opened, per operator from multiple batches between 2-4 days ago. Operator began labeling all products.
Intermediate/02C-03-5/Corrective Action Taken
Ice buildup in walk-in freezer.
Basic/14-69-4
Label on a food item prepared and packaged onsite for customer self-service does not include product identity/description, date product was packaged and name and address of the establishment that prepared and packaged the food. In front glass door reach-in cooler, packaged flavored cream cheese for customer self service lacking proper labeling,
Basic/02D-03-4
Nonfood-contact surface soiled with grease, food debris, dirt, slime or dust. Vent covers in walk-in cooler.
Basic/23-03-4
Nov 20, 2024□ Call Back - CompliedRoutine Inspection

A return visit. The problems from the previous inspection had been dealt with.

0 High priority0 Intermediate3 Basic
Show 3 findings ▾
Ice buildup in walk-in freezer.
Basic/14-69-4/Repeat Violation/Warning/Return visit Nov 20, 2024 · Time Extended
Plumbing system in disrepair. Handwash sink closest to triple sink leaking.
Basic/29-08-4/Warning/Return visit Nov 20, 2024 · Sink turned off due to leak. Discussed with operator need to keep sink turned on when employees are present to allow for proper handwashing. Operator turned on sink. Time Extended
Walk-in cooler shelves have accumulation of soil residues. Also on vent cover.
Basic/22-16-4/Warning/Return visit Nov 20, 2024 · Time Extended
Nov 18, 2024Warning IssuedRoutine Inspection

Violations found and a warning issued, with a return visit required. 6 recorded, 2 high priority.

2 High priority1 Intermediate3 Basic
Show 6 findings ▾
Live, small flying insects in kitchen, food preparation area, food storage area and/or bar area. 10 by mop sink, 3 by walk-in cooler/freezer, 2 in men's restroom.
High priority/35A-02-6/Warning
Raw animal food stored over/not properly separated from ready-to-eat food. In walk-in cooler raw ground pork sausage over ready-to-eat crumb cake, butter, ham. Operator states pork was mistakenly sent from provide and moved to separate shelf for proper storage.
High priority/08A-05-6/Corrected On-Site/Warning
Food-contact surface soiled with food debris, mold-like substance or slime. Knife and knife rack on reach-in cooler shelves. Operator cleaned, sanitized, and layered with plastic wrap.
Intermediate/22-02-4/Corrected On-Site/Warning
Ice buildup in walk-in freezer.
Basic/14-69-4/Repeat Violation/Warning
Plumbing system in disrepair. Handwash sink closest to triple sink leaking.
Basic/29-08-4/Warning
Walk-in cooler shelves have accumulation of soil residues. Also on vent cover.
Basic/22-16-4/Warning
Jul 8, 2024Inspection Completed - No Further ActionRoutine Inspection

Met inspection standards. 4 violations recorded, none serious enough to require a return visit.

0 High priority0 Intermediate4 Basic
Show 4 findings ▾
Employee wearing jewelry other than a plain ring on their hands/arms while preparing food. Two employees with watches on wrists.
Basic/13-07-4
Ice buildup in walk-in freezer.
Basic/14-69-4
Nonfood-contact surface soiled with grease, food debris, dirt, slime or dust. Fan covers in walk-in cooler.
Basic/23-03-4/Repeat Violation
Stored food not covered. Coffee ice cubes in walk-in freezer not covered. Operator covered foods.
Basic/08B-12-5/Corrected On-Site
Jul 8, 2024□ Call Back - CompliedRoutine Inspection

A return visit. The problems from the previous inspection had been dealt with.

0 High priority0 Intermediate0 Basic
May 9, 2024Emergency Order Callback Time ExtensionRoutine Inspection

A return visit. The problems were not fixed yet and the kitchen was given more time.

0 High priority2 Intermediate0 Basic
Show 2 findings ▾
Incorrect chemical test kit provided for measuring the concentration of the sanitizer solution used in the three-compartment sink and/or dishmachine. Establishment uses quaternary sanitizer, chlorine test strips observed.
Intermediate/16-32-5/Warning/Return visit May 9, 2024 · Operator states Quaternary sanitary is not used for ware washing. Time Extended
Menu does not identify which items contain raw or undercooked animal foods covered by the consumer advisory. On posted digital menu, lox spread per operator served raw not marked as raw. Asterisk next to consumer advisory for other raw items not easily visible.
Intermediate/02B-01-5/Warning/Return visit May 9, 2024 · Time extension given to allow operator time to update menus. Time Extended
May 9, 2024■ Emergency order recommendedRoutine Inspection

Ordered shut on the spot. 8 violations recorded, 3 of them the tier the state says can make you ill. A reinspection is required before this kitchen may reopen.

3 High priority2 Intermediate3 Basic
Show 8 findings ▾
Live, small flying insects in kitchen, food preparation area, food storage area and/or bar area. 15 in back part of kitchen, on walls by walk-in cooler and mop sink. In front bagel display area, approximately 15 observed, with 5 landing on bagels - two on plain bagels to left, one on blueberry bagel bottom left, 2 on everything bagels. Operator wrapped all exposed bagels in paper bags.
High priority/35A-02-6/Warning
Stop Sale issued due to food not being in a wholesome, sound condition. In front bagel display area, 5 small flying insects landing on bagels - two on plain bagels to left, one on blueberry bagel bottom left, 2 on everything bagels.
High priority/01B-13-4/Warning
Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. Main kitchen reach-in cooler:; raw cold smoked salmon (47F - Cold Holding); sliced white cheese (47F - Cold Holding); cooked pork sausage (46F - Cold Holding) for 3 and a half hours per operator.
High priority/03A-02-5/Warning
Incorrect chemical test kit provided for measuring the concentration of the sanitizer solution used in the three-compartment sink and/or dishmachine. Establishment uses quaternary sanitizer, chlorine test strips observed.
Intermediate/16-32-5/Warning
Menu does not identify which items contain raw or undercooked animal foods covered by the consumer advisory. On posted digital menu, lox spread per operator served raw not marked as raw. Asterisk next to consumer advisory for other raw items not easily visible.
Intermediate/02B-01-5/Warning
Floor soiled/has accumulation of debris in walk-in cooler.
Basic/36-73-4/Warning
Label on a food item prepared and packaged onsite for customer self-service does not include product identity/description, date product was packaged and name and address of the establishment that prepared and packaged the food. Cream cheese containers in reach-in cooler by front counter for customer self service lacking proper labels.
Basic/02D-03-4/Warning
Nonfood-contact surface soiled with grease, food debris, dirt, slime or dust. Fans in walk-in cooler soiled.
Basic/23-03-4/Warning

This record follows the licence, not the owner. Restaurants change hands and the licence history normally does not, so an older entry may describe people who no longer run the place. Every inspection above links to the state's own report. Something wrong? Tell us.