Diner that catered lunch for health types didn’t have permit ‘We expect they would refuse our request’

The restaurant that provided the meal that sickened at least 70 state health department workers in Santa Fe, NM, didn’t have a permit to cater events.

kick-ass-sandwich-shopThe New Mexico Environment Department says the diner — until recently called the Bad Ass Sandwich Shop but now called the Kick Ass Sandwich Shop because of a legal dispute, see the NSFV video below – will be served with a notice of violation for not having a catering permit.

Paul Rhien, a spokesman for the Health Department, said Friday that epidemiology tests confirmed the contamination came from the restaurant’s food.

Shannon Quintana of Kick Ass Sandwich Shop couldn’t be reached for comment Friday. He told the Santa Fe New Mexican newspaper that he didn’t cater the Dec. 14 lunch and that the Health Department had ordered food from Kick Ass to be served alongside other dishes brought by employees.

But Rhien told Mark Oswald of the Albuquerque Journal the restaurant set up a buffet line and served food, and there weren’t many food items prepared by Health Department workers.

The Health Department’s holiday lunch, which was held in the department’s offices at the Runnels Building – where employees headquartered there are the same ones who investigate disease outbreaks around the state – resulted in “reports of a number of employees becoming ill with mild gastrointestinal illness,” according to a message sent to employees Monday by Health Secretary Lynn Gallagher.

More than 200 department workers are estimated to have attended and about 71 reported gastrointestinal symptoms that developed within 24 to 48 hours.

Rhien said Friday that the Department of Health was not aware the sandwich shop didn’t have a catering permit. “If a restaurant doesn’t have the appropriate permit, we would expect them to refuse our request to cater an event — just as anyone would expect,” he said in an e-mail.

“The lab results from our epidemiological investigation confirmed that Clostridium perfringens bacteria were the source of the outbreak.”

The holiday lunch was paid for with worker contributions to an employee events committee, not by taxpayers, Rhien said.