The Whale

1249 Estero Blvd, Fort Myers Beach, FL 339312708

Seafood

Last inspected: Mar 2, 2026

Score

High Risk

The Whale has been inspected four times since 2022. On Mar 2, 2026, the health department conducted the most recent visit. High risk indicates the latest inspection turned up problems worth knowing about.

Violation counts have ticked up lately, averaging around 11 violations per visit versus roughly one violation earlier in the record.

The pattern that stands out is “spray bottle containing toxic substance not labeled”, which has been cited two times.

The Whale's latest score of 39 falls below the Fort Myers Beach average of 82. This restaurant has more on its record than most do.

Inspections

Critical latest

Major latest

Minor latest

Inspection History

Mar 2, 2026

Complaint Full

8 major violations. 3 minor violations.

View 11 violations

Intermediate - Spray bottle containing toxic substance not labeled at mop sink.

41-17-4

Intermediate - Food manager certification expired. A list of accredited food manager certification examination providers can be found at https://www2.myfloridalicense.com/hotels-restaurants/food-lodging/food-manager/ Sergio Ramirez certified on 06-26-2020 and expired on 06-26-2025

53A-03-7

Intermediate - Handwash sink used for purposes other than handwashing. Hand washing sink behind bar used as dump sink.

31A-11-4

Intermediate - Identity of food or food product misrepresented. Operator has Gulf Shrimp listed on the menu yet the product sold is Farm Raised shrimp and county of origin in Ecuador. **Admin Complaint**

52-01-4

Intermediate - Menu does not identify which items contain raw or undercooked animal foods covered by the consumer advisory. Ahi Tuna Nachos not designates as containing raw tuna. Operator began reprinting menu during inspection. **Corrective Action Taken**

02B-01-5

Intermediate - No proof of required state approved employee training provided for employee hired more than 60 days ago. To order approved program food safety material, call DBPR contracted provider: Florida Restaurant and Lodging Association (SafeStaff) 866-372-7233. Operator can only provide proof of training for two employees of over 100 employees.

53B-02-5

Intermediate - No soap provided at handwash sink. Behind bar. Observed operator correct violations in order to meet inspection standards. **Corrected On-Site**

31B-03-4

Intermediate - Raw or undercooked oysters offered and establishment has no consumer advisory sign provided on wall, menu, placard, table tent or by any other written means. Raw animal foods must be fully cooked prior to service. Emailed operator DBPR Form HR 5025-131 and it was printed and posted during the inspection. **Corrected On-Site**

02A-01-5

Basic - Bowl or other container with no handle used to dispense food. Ramekin used as scoop in container strawberry whipped cream. Observed operator correct violations in order to meet inspection standards.

14-01-5

Basic - Cleaned and sanitized equipment or utensils not properly stored. Forks and knives not stored inverted. Observed operator correct violations in order to meet inspection standards. **Corrected On-Site**

24-07-4

Basic - Employee personal items stored in or above a food preparation area, food, clean equipment and utensils, or single-service items. Cell phone on shelf with clean and sanitized bowls in dish room.

40-06-5

Nov 6, 2025

Food-Licensing Inspection

1 major violation. 1 minor violation.

View 2 violations

Intermediate - No chemical test kit provided when using sanitizer at three-compartment sink/warewashing machine or wiping cloths. No test kits available for chlorine and quaternary sanitizers.

16-37-1

Basic - Covered waste receptacle not provided in women's bathroom.

32-12-6

Jun 26, 2023

Routine - Food

No violations found.

100

Aug 25, 2022

Routine - Food

1 critical violation. 3 major violations. 6 minor violations.

View 10 violations

High Priority - Wiping cloth solution exceeding the maximum concentration allowed stored in a location that could result in the cross contamination of food, equipment, utensils, linens, single-service, or single-use articles. Sanitizer Bucket (Chlorine exceeding 200ppm). Operator discarded and filled with proper strength quaternary solution. **Corrected On-Site**

41-15-5

Intermediate - Food-contact surface soiled with food debris, mold-like substance or slime. On soda dispenser nozzles at upper bar area. Repeat from 05-10-2022

22-02-4

Intermediate - Spray bottle containing toxic substance not labeled. Unlabeled spray bottles in server station.

41-17-4

Intermediate - Clam/mussel/oyster tags not marked with last date served. Dates on only some of the tags.

01C-03-4

Basic - Old labels stuck to food containers after cleaning. Observed on food containers on shelf near dish machine

16-46-4

Basic - Opened employee beverage container in a cold holding unit with food to be served to customers. Employee drink on shelf in walk in cooler. Operator removed drink **Corrected On-Site**

12B-13-4

Basic - Wall soiled with accumulated grease, food debris, and/or dust. Grease build up on walls in kitchen.

36-27-5

Basic - Wiping cloth chlorine sanitizing solution not at proper minimum Sanitizer Bucket (Chlorine exceeding 200ppm). Operator discarded and filled with proper strength quaternary solution. **Corrected On-Site**

21-07-4

Basic - Floors not maintained smooth and durable. Floors made of unsealed plywood in the walk in cooler. Repeat from 05-10-2022 **Repeat Violation**

36-11-4

Basic - Equipment in poor repair. Rust and mold like substance inside reach in cooler upstairs bar.

14-11-5

Frequently Asked Questions

When was The Whale last inspected?

The most recent health inspection at The Whale on file is from Mar 2, 2026. The public record contains four inspections in total.

What is the most common violation at The Whale?

Across the inspection record, “spray bottle containing toxic substance not labeled” has been cited two times, more than any other issue at The Whale.

How does The Whale compare to other restaurants in Fort Myers Beach?

The Whale most recently scored 39 out of 100, which is lower than the Fort Myers Beach average of 82.

Has The Whale's inspection record improved over time?

No. Recent inspections at The Whale have averaged around 11 violations per visit, up from roughly one earlier in the record.

What does a high risk rating mean?

A high risk rating at The Whale means the most recent inspection flagged either critical violations or a substantial number of smaller ones. Diners may want to read the violation details before deciding to visit.

How often is The Whale inspected?

Based on the inspection history on file, The Whale is inspected roughly once per year on average.

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