§ 23-07 Posting Letter Grades .

   (a)   The Department shall at the time of inspection provide any establishment required by 24 RCNY Health Code § 81.51 to post a letter grade that receives a score of 13 or less on an initial or reinspection with a grade card displaying the letter grade "A," which shall be posted immediately by the establishment.

   (b)   If an establishment required by 24 RCNY Health Code § 81.51 to post a letter grade receives a score of 14 or more points on an initial inspection, and is not closed by the Department, it shall continue to post its grade card from the prior cycle until its reinspection. If the establishment has been issued no prior grade card, it shall have no posting until its reinspection.

   (c)   If an establishment required by 24 RCNY Health Code § 81.51 to post a letter grade receives a score of 14 or more points on the reinspection, and is not closed by the Department, the Department shall provide the establishment with a "grade pending" card and a grade card displaying the letter grade that corresponds with its inspection score at the reinspection. The establishment shall immediately post either the grade card or the "grade pending" card. If the establishment elects to post the "grade pending" card, it may only do so until it has had an opportunity to be heard at the Health Tribunal pursuant to subdivision (d) of this section and 24 RCNY Health Code § 81.51.

   (d)   Effect of adjudication at the Health Tribunal on grading of establishments required by 24 RCNY Health Code § 81.51 to post letter grades:

      (1)   If the establishment appears personally at the Health Tribunal and as a result of such proceeding the score received on a reinspection does not change the grade, the establishment shall immediately upon receipt of the notice of decision remove any posted "grade pending" card and post the grade card provided by the Department at such inspection.

      (2)   Subject to the provisions of paragraph (3) of this subdivision, if the establishment does not appear at the Health Tribunal on or before the scheduled hearing date, the establishment shall, on the date of the hearing, post the letter grade card provided by the Department at the reinspection.

      (3)   If the establishment appears at the Health Tribunal on the scheduled date but is unable to proceed, or if the establishment makes a timely request for an adjournment and such adjournment is granted, the establishment may continue to post the "grade pending" card and defer posting the letter grade card until the adjourned hearing date. In no event shall an establishment fail to post the grade card after the adjourned hearing date if the establishment is not able to proceed on such date.

      (4)   If the establishment appears at the Health Tribunal and as a result of such proceeding the score received for the reinspection changes in a way that results in a change of grade, the Department shall provide the establishment with a new letter grade card that shall be promptly posted by the establishment in place of any other letter grade card or "grade pending" card.

      (5)   If the establishment receives notice of decision by mail, the establishment shall immediately upon receipt of the notice of decision remove any grade pending card and post the grade card provided with the notice of decision, if any. If no new grade card is issued with the notice of decision, the establishment shall immediately post the grade card issued by the Department at the reinspection.

      (6)   When an establishment settles the notice of violation issued at the reinspection by mail, online, or in person, the establishment shall immediately upon settlement post the grade card issued by the Department at such reinspection.

      (7)   The disposition of any notice of violation at the Health Tribunal shall not affect any provision of this Chapter or other applicable law other than the issuance of a grade.

   (e)   An establishment required by 24 RCNY Health Code § 81.51 to post a letter grade shall shred or otherwise dispose of all non-current letter grade cards and "grade pending" cards in a manner that prevents reuse of the cards.

   (f)   The "grade pending" or letter grade card shall be posted in a conspicuous place where it is visible to passersby. The card shall be placed on the front window, door or exterior wall of an establishment required by 24 RCNY Health Code § 81.51 to post a letter grade. The card shall be within five feet of the front door or other opening to the establishment where customers enter from the street, at a vertical height no less than four feet and no more than six feet from the ground or floor. An establishment without a direct entrance from the street shall post the grade card or "grade pending" card at a place designated by the Department at its immediate point of entry so that it is clearly visible to passersby.

   (g)   Letter grade cards shall not be removed except when authorized by the Department.

§ 23-08 Effect of Other Laws and Construction .

   (a)   These rules shall be read and enforced in accordance with all applicable provisions of law, including, but not limited to, the State Public Health Law and Sanitary Code, the New York City Health Code, and Title 17 of the Administrative Code of the City of New York.

   (b)   No provision herein shall limit the authority of the Department to conduct such other inspections or take any other action it deems necessary, to enforce any provision of law within the jurisdiction of the Department.

   (c)   If any provision of this Chapter is adjudged invalid by any court of competent jurisdiction, such judgment shall not affect or impair the validity of the remainder of this Chapter.

§ 23-09 Submitting Proof of Correction for Eligible First-Time Violations.

   (a)   Submission of proof of correction must be in writing in a form approved or provided by the Department.

   (b)   The proof must be submitted to the Department electronically or in person within seven (7) calendar days of the date the violation was issued as recorded on the summons, except that the cure period of a first-time violation of Administrative Code § 17-504(f) is within thirty (30) days of the issuance of the notice of violation.

   (c)   Such proof must be affirmed by the permittee or their authorized representative that it is complete and accurate to the best of such person's knowledge.

   (d)   Submission of any false statements in support of a proof of correction may be subject to penalties prescribed for violations of 24 RCNY Health Code § 3.19 and other applicable law.

   (e)   A permittee whose first-time violation is pending at OATH for adjudication is not eligible to submit a proof of correction for a subsequent identical violation.

(Added City Record 2/3/2023, eff. 3/5/2023)

§ 23-10 Acceptance of Proof of Correction for Eligible First-Time Violations.

   (a)   The Department must accept the proof of correction if it determines that the proof is adequately documented and submitted timely in accordance with 24 RCNY § 23-09. Acceptance of proof of correction constitutes a cure and an admission of the violation for all purposes, except as provided in subdivision (b) of this section.

   (b)   A first-time violation whose proof of correction has been accepted by the Department will not be subject to a civil penalty.

   (c)   The determination of whether a violation is a first-time violation shall be based solely on the records of the Department.

   (d)   The Department may require further documentation in addition to the proof of correction and may inspect the establishment or take any other action as it deems necessary before acceptance or rejection of such proof.

   (e)   Nothing in this Chapter limits the authority of the Department to conduct other inspections or take any other action it deems necessary to enforce any provision of law within the jurisdiction of the Department.

(Added City Record 2/3/2023, eff. 3/5/2023)

Appendix 23-A: Food Service Establishment & Non-Retail Food Processing Establishment Inspection Worksheet

Critical Violations	Conditions					Score
	I	II	III	IV	V
Time and Temperature Control for Safety (TCS) Food Temperature
2A*   Food not cooked to required minimum internal temperature:	–	–	–	10	28
Food	Required Minimum Internal Temperature at or above
Poultry, poultry parts, ground and comminuted poultry, all stuffing containing poultry, meats, fish or ratites	165°F for 15 seconds with no interruption of the cooking process
Ground meat, and food containing ground and comminuted meat	158°F with no interruption of the cooking process, except per individual customer request
Pork, any food containing pork	150°F for 15 seconds
Mechanically tenderized or injected meats	155°F
Whole meat roasts and beef steak	Required temperature and time listed in 24 RCNY Health Code § 81.09(c)(3), except per individual customer request
Raw animal foods cooked in microwave	165°F, covered, rotated or stirred for 2 minutes
Shell eggs	145°F for 15 seconds, except per individual customer request
All other foods	140°F for 15 seconds
2B*   Hot TCS food item not held at or above 140°F.	7	8	9	10	28
2C   Hot TCS food item that has been cooked and cooled is being held for service without first being reheated to 165°F or above for 15 seconds within 2 hours.	5	6	7	8	–
2D   Precooked TCS food in hermetically sealed and intact packages from commercial food processing and non-retail processing establishments not heated to 140º F within 2 hours.	5	6	7	8	–
2E   Whole frozen poultry or poultry breasts, other than a single portion, cooked frozen or partially thawed.	5	6	–	–	–
2F   Meat, fish, poultry, eggs or molluscan shellfish served or offered raw or undercooked without written consumer advisory.	5	–	–	–	–
2G*   Cold TCS food item held above 41ºF; smoked or processed fish held above 38°F; intact raw eggs held above 45°F; or reduced oxygen packaged (ROP) TCS foods held above required temperatures except during active necessary preparation.	7	8	9	10	28
2H*   After cooking or removal from hot holding, TCS food not cooled by an approved method whereby the internal product temperature is reduced from 140ºF to 70ºF or less within 2 hours, and from 70ºF to 41ºF or less within 4 additional hours.	7	8	9	10	28
2I   TCS food removed from cold holding or prepared from or combined with ingredients at room temperature not cooled by an approved method to 41ºF or below within 4 additional hours.	5	6	7	8	–
2J*   ROP TCS foods not cooled by an approved method as specified in approved HACCP plan.	7	8	9	10	28
Food Source
3A*   Food from unapproved or unknown source or home canned or home prepared. Live animal slaughtered in establishment. ROP fish not frozen before processing; or ROP foods prepared on premises transported to another site.	–	–	–	10	28
3B*   Shellfish not from approved source, not or improperly tagged/labeled; tags not retained for 90 days.	–	–	–	10	28
3C*   Unclean or cracked whole eggs or unpasteurized liquid, frozen or powdered eggs kept or used.	7	8	9	10	28
3D*   Food packages, canned food, hermetically sealed containers swollen, leaking or rusted, or otherwise damaged, without "Do Not Use" label and not segregated from other consumable food items.	7	8	9	10	28
3E*   No or inadequate potable water supply. Water or ice not potable or from unapproved source. Bottled water not NY State certified. Cross connection in potable water supply system.	–	–	–	10	28
3F*   Unpasteurized milk or milk product (except certain aged cheese) served.	–	–	–	10	28
3G   Raw fruit or vegetables not properly washed prior to cutting or serving.	5	6	7	8	–
3I*   Unpasteurized juice packaged and sealed on premises not labeled or label incomplete; no warning statement.	–	–	–	10	28
Food Protection
4A   Food Protection Certificate (FPC) not held by manager or supervisor of food operations.	–	–	–	–	10
4B*   Food worker spits; prepares food or touches utensil when ill with a disease transmissible by food or has exposed infected cut or burn on hand.	–	–	–	10	28
4C*   Food worker does not use utensil or other barrier to eliminate bare hand contact with food that will not receive adequate additional heat treatment.	7	8	9	10	28
4D*   Food worker does not wash hands thoroughly after using the toilet, coughing, sneezing, smoking, eating, preparing raw foods or otherwise contaminating hands or does not change gloves when gloves are contaminated.	–	–	–	10	28
4E*   Toxic chemicals or pesticides improperly labeled, stored or used such that food contamination may occur.	7	8	9	10	28
4F*   Food preparation area, food storage area, or other area used by employees or patrons, contaminated by sewage or liquid waste.	–	–	–	10	28
4G*   Unprotected TCS food re-served.	–	–	–	10	28
4H*   Raw, cooked or prepared food is adulterated, contaminated, cross-contaminated, or not discarded in accordance with HACCP plan.	7	8	9	10	28
4I   Unprotected non-TCS food re-served.	5	6	7	8	–
4J   Properly calibrated thermometer or thermocouple not provided or not readily accessible in food preparation and hot/cold holding areas to measure temperatures of TCS foods during cooking, cooling, reheating, and holding.	5	–	–	–	–
4K   Evidence of rats or live rats in establishment's food or non-food areas.	5	6	7	8	28
4L   Evidence of mice or live mice in establishment's food or non-food areas.	5	6	7	8	28
4M   Live roaches in establishment's food or non-food areas.	5	6	7	8	28
4N   Filth flies or food/refuse/sewage associated (FRSA) flies or other nuisance pests in establishment's food and/or non-food areas. FRSA flies include house flies, blow flies, bottle flies, flesh flies, drain flies, Phorid flies and fruit flies.	5	6	7	8	28
4O   Live animals other than fish in tank or service animal in establishment's food or non-food areas.	5	6	7	8	–
4P   Food containing a prohibited substance held, kept, offered, prepared, processed, packaged, or served.	–	–	–	10	28
Facility Design and Construction
5A*   Sewage disposal system not provided, improper, inadequate or unapproved.	–	–	–	10	28
5B*   Harmful, noxious gas or vapor detected. Carbon monoxide (CO) level at or exceeding nine (9) ppm.	–	–	–	10	28
5C+   Food contact surface, refillable, reusable containers, or equipment improperly constructed, placed or maintained. Unacceptable material used. Culinary sink or other acceptable method not provided for washing food.	7	8	9	10	28
5D+   No hand wash facility in or adjacent to toilet rooms or within 25 feet of food preparation or service or ware washing area; or hand wash facility not accessible, obstructed or used for non-hand washing purposes. No hot and cold running water or water at inadequate pressure. No soap or acceptable hand-drying device.	–	–	–	10	28
5E+   Toilet facility not provided for employees or for patrons when required. Shared patron-employee toilet accessed through kitchen, food prep or storage area or utensil washing area.	–	–	–	10	28
5F+   Inadequate or no refrigerated or hot holding equipment to maintain TCS foods at required temperatures. Outdoor refrigerator not locked, secured.	–	–	–	10	28
5G+   Separate, enclosed, properly equipped and sized cleaning and service area not provided in mobile food commissary; street, sidewalk used for cleaning units.	–	–	–	10	28
5H+   No facilities available to wash, rinse, and sanitize dishware, glassware, utensils, equipment or refillable returnable containers. No approved written standard operating procedure for avoiding contamination by refillable returnable containers.	–	–	–	10	28
5I+   Refrigeration used to implement HACCP plan for ROP foods not equipped with an electronic system that continuously monitors time and temperature.	–	–	–	10	28
Food Worker Hygiene and Other Food Protection
6A   Personal cleanliness inadequate. Outer garment soiled with possible contaminant. Effective hair restraint not worn when required. Jewelry worn on hands or arms: fingernail polish worn; or fingernails not kept clean and trimmed.	5	6	7	8	–
6B   Tobacco or e-cigarette use, eating, or drinking from open container in food preparation or other area where food, equipment or utensils may be exposed to contamination.	5	6	7	8	–
6C   Food, supplies, or equipment not protected from potential source of contamination during storage, preparation, transportation, display, service or from customer's refillable, reusable container.	5	6	7	8	–
6D   Food contact surface not properly washed, rinsed and sanitized after any activity where contamination may have occurred.	5	6	7	8	–
6E   Sanitized equipment or utensil, including in-use food dispensing utensil, improperly used or stored.	5	6	7	8	–
6F   Wiping cloths soiled or not stored in sanitizing solution; inadequately sanitized.	5	6	7	–	–
6G*   HACCP plan not approved or approved HACCP plan not maintained on premises.	–	–	–	10	28
6H   Records and logs not maintained to show that approved HACCP plan has been properly implemented.	–	–	–	–	28
6I   ROP TCS food not labeled in accordance with approved HACCP plan.	–	–	–	10	28
6J   Refillable, reusable beverage container filled with TCS foods.	5	6	7	8	–
Other Criticals
7A   Duties of an officer of the Department interfered with or obstructed.	–	–	–	–	28
	Critical Violations Total:

 

General Violations	Conditions					Score
	I	II	III	IV	V
Garbage, Waste Disposal and Pest Management
8A   Harborage or conditions conducive to attracting pests to the premises and/or allowing pests to exist when pests or signs of pests are present.	–	–	4	5	–
8B   Garbage receptacles not pest or water resistant, or covered with tight-fitting lids, except while in active use. Garbage receptacles and covers not cleaned after emptying and prior to reuse.	2	–	–	–	–
8C   Pesticide use not in accordance with label or applicable laws. Pesticides, other toxic chemicals improperly used/stored. Unprotected, unlocked bait station used.	2	3	4	5	28
Food Protection
9A   Cans of food with dented body damage not segregated from other cans for return to distributor.	2	3	4	5	–
9B   Thawing procedures improper.	2	3	4	5	–
9C   Food contact surface chipped, cracked, worn, or in a condition where it cannot be properly maintained or cleaned.	2	3	4	5	–
9D   Food service operation occurring in room or area used as living or sleeping quarters.	2	3	4	5	–
9E   "Wash hands" sign not posted at hand wash facility.	2	–	–	–	–
Facility Maintenance
10A   Toilet facility not maintained or provided with toilet paper, waste receptacle or self-closing door.	2	3	4	5	–
10B   Back-siphonage or back-flow prevention device not provided where required; equipment or floor not properly drained; sewage disposal system in disrepair or not functioning properly. Condensation or liquid waste improperly disposed of.	2	3	4	5	28
10C   Lighting inadequate; permanent lighting not provided in food preparation areas, ware washing areas, and storage areas.	2	3	4	5	–
10D   Mechanical or natural ventilation system not provided, improperly installed, in disrepair and/or fails to prevent excessive build-up of grease, heat, steam condensation vapors, odors, smoke, and fumes.	2	3	4	5	–
10E   Accurate thermometer not provided or properly located in refrigerated or hot holding equipment.	2	3	4	5	–
10F   Non-food contact surface or equipment improperly maintained or made of unacceptable material, or not kept clean, or not properly sealed, raised, spaced or movable to allow accessibility for cleaning on all sides, above and underneath equipment or other structures.	2	3	4	5	–
10G   Proper sanitization not used or provided for ware washing operation. No test kit.	–	–	–	5	–
10H   Single service item reused, not protected from contamination when transported, stored, or dispensed; not used when required.	2	3	4	5	–
	General Violations Total
Critical and General Combined Total
* Public Health Hazards (PHH) or Imminent Health Hazards must be corrected immediately.
+ Pre-permit Serious Violations that must be corrected before permit is issued.

 

(Amended City Record 9/2/2021, eff. 10/2/2021; amended City Record 2/3/2023, eff. 3/5/2023)

Appendix 23-B: Food Service Establishment Inspection Scoring Parameters – A Guide to Conditions

	Violation	Condition I	Condition II	Condition III	Condition IV	Condition V
2A*	Time and temperature control for safety (TCS) food not cooked to required minimum internal temperature.				Failure to properly cook one or more meats, comminuted meats, and other TCS foods, unless a consumer specifically asks for a serving of food to be cooked below the minimum temperature.	Failure to correct any condition of a public health hazard (PHH) at the time of inspection. Inspector must call office to discuss closing or other enforcement measures.
2B*	Hot TCS food item not held at or above 140°F.	One hot food item out of temperature in one area. Example: one tray of fried chicken wings held at 115°F.	Two hot food items out of temperature or the same type of food out of temperature in two different areas. Example: one tray of fried chicken wings and a pot of rice held at 115°F; or one tray of fried chicken wings on the steam table and one tray of fried chicken wings in the food preparation area.	Three hot food items out of temperature or the same type of food out of temperature in three different areas. Example: one tray of fried chicken wings, a pot of rice and platter of roast beef held at 115°F; or one tray of fried chicken wings on the steam table, one tray of fried chicken wings in the food preparation area and one basket of fried chicken near the deep fryer.	Four or more hot food items out of temperature or the same type of food out of temperature in four or more different areas. Example: one tray of fried chicken wings, a pot of rice, platter of roast beef and tureen of beef stew held at 115°F; or one tray of fried chicken wings on the steam table, one tray of fried chicken wings in the food preparation area, one basket of fried chicken near the deep fryer and a rotisserie broiler with eleven chickens held at 115°F.	Failure to correct any condition of a PHH at the time of inspection. Inspector must call office to discuss closing or other enforcement measures.
2C	Hot TCS food item that has been cooked and cooled is being held for service without first being reheated to 165°F or above for 15 seconds within 2 hours.	One cooked and cooled hot food item not reheated to 165°F before service. Example: chicken soup.	Two cooked and cooled hot food items not reheated to 165°F before service. Example: chicken soup and baked ham.	Three cooked and cooled hot food items not reheated to 165°F before service. Example: chicken soup baked ham and sliced turkey.	Four or more cooked and cooled hot food items not reheated to 165°F before service. Example: chicken soup, baked ham, sliced turkey, meatloaf and lobster bisque.
2D	Precooked TCS food in hermetically sealed and intact packages from commercial food processing establishment not heated to 140ºF within 2 hours.	One precooked food not heated to 140°F. Example: tray of beef patties.	Two pre-cooked foods not heated to 140°F. Example: two trays of beef patties.	Three pre-cooked foods not heated to 140°F. Example: two trays of beef patties and one pot of clam chowder.	Four or more pre-cooked foods not heated to 140°F. Example: two trays of beef patties, and two pots of clam chowder
2E	Whole frozen poultry or poultry breasts, other than a single portion, cooked frozen or partially thawed.	One whole chicken or poultry breast cooked from a frozen state. Example: whole chicken.	Two or more whole poultry or poultry breasts cooked from a frozen state. Example: chicken breast, whole chicken, turkey breast and duck.	Note: For failure to properly cook poultry to the required minimum temperature, *2A cited.
2F	Meat, fish, poultry, eggs or molluscan shellfish served or offered raw or undercooked without written consumer advisory.	Serving or offering raw or undercooked meat, eggs, fish or shellfish without written consumer advisory.
2G*	Cold TCS food item held above 41°F; smoked, processed fish above 38°F; intact raw eggs above 45°F; or reduced oxygen packaged (ROP) TCS foods above required temperatures except during active necessary preparation.	One cold food item out of temperature in one area. Example: one slab of unsliced smoked salmon or packet or tray of smoked salmon slices above 38°F or one tray of potato salad above 41°F in service display case.	Two cold food items out of temperature or the same food item out of temperature in two different areas. Example: one slab of smoked salmon above 38°F and one tray of sliced tomatoes above 41°F; or one bowl of potato salad in the service display case, and one bowl of potato salad in the food preparation area above 41°F.	Three cold food items out of temperature or the same food item out of temperature in three different areas. Example: one slab of smoked salmon above 38°F and tray of sliced tomatoes and platter of tuna salad above 41°F; or one bowl of potato salad in the service display case and one bowl of potato salad in the food preparation area and garlic in oil mixture above 41°F.	Four cold food items out of temperature or the same food item out of temperature in four different areas. Example: one slab of smoked salmon above 38°F and tray of sliced tomatoes, bowl of garlic in oil mixture, and bowl of cooked collard greens above 41°F; or one tray of potato salad in the service display case, one tray of potato salad in the reach-in refrigerator, and one tray of potato salad on the food preparation table above 41°F.	Failure to correct any condition of a PHH at the time of inspection. Inspector must call office to discuss closing or other enforcement measures.
2H*	After cooking or removal from hot holding, TCS food not cooled by an approved method whereby the internal product temperature is reduced from 140°F to 70°F or less within 2 hours and from 70°F to 41°F or less within 4 additional hours.	One food item not cooled by approved method. Example: one whole fried turkey at 70°F after being refrigerated for four hours.	Two food items not cooled by approved method. Example: one whole fried turkey at 70°F after being refrigerated for four hours and a six-inch high container filled to within one inch of top with beef stew at 80°F after two hours of refrigeration.	Three food items not cooled by approved method. Example: one whole fried turkey at 70°F after being refrigerated for four hours and a six-inch high container filled to within one inch of top with beef stew at 80°F after two hours of refrigeration and six pound cooked beef rib roast not cut into smaller pieces before being placed in refrigerator to cool.	Four or more food items not cooled by approved method. Example: one whole fried turkey at 70°F after being refrigerated for four hours and a six-inch high container filled to within one inch of top with six inches of beef stew at 80°F after two hours of refrigeration and six pound cooked beef rib roast not cut into smaller pieces before being placed in refrigerator to cool and 18 inch high pot filled to within one inch of top with turkey chili at 85°F after three hours refrigeration.	Failure to correct any condition of a PHH at the time of inspection. Inspector must call office to discuss closing or other enforcement measures.
2I	TCS food removed from cold holding or prepared from or combined with ingredients at room temperature not cooled by an approved method to 41ºF or below within 4 hours.	One food item removed from cold holding or prepared from ambient temperature ingredients not cooled to 41°F. Example: one container of tuna salad prepared with canned tuna.	Two food items foods removed from cold holding or prepared from ambient temperature ingredients not cooled to 41°F. Example: a container of tuna salad and a container of salmon salad prepared with canned tuna and salmon.	Three food items removed from cold holding or prepared from ambient temperature ingredients not cooled to 41°F. Example: tuna, chicken and salmon salads prepared with canned tuna, chicken and salmon.	Four or more food items removed from cold holding or prepared from ambient temperature ingredients not cooled to 41°F. Example: tuna, chicken, crab and salmon salads prepared with canned tuna, chicken, crab and salmon.
2J*	ROP TCS food not cooled to required temperatures by an approved method as specified in the approved HACCP plan.	One ROP food item not cooled by approved method. Example: ROP beef stew (twelve 4 oz packages).	Two ROP food items not cooled by approved method. Example: ROP beef stew (twelve 4 oz packages) and ROP chicken fricassee (two 2 lb packages).	Three ROP food items not cooled by approved method. Example: ROP beef stew (twelve 4 oz packages), ROP chicken fricassee (two 2 lb packages) and ROP pork tenderloin (sixteen 8oz packages).	Four ROP food items not cooled by approved method. Example: ROP beef stew (twelve 4 oz packages), ROP chicken fricassee (two 2 lb packages), ROP pork tenderloin (sixteen 8 oz packages) and meat sauce (six 1lb packages).	Failure to correct any condition of a PHH at the time of inspection. Inspector must call office to discuss closing or other enforcement measures.
3A*	Food from unapproved or unknown source or home canned or home prepared; or live animal slaughtered in establishment; or ROP fish not frozen before processing; or ROP food prepared on premises transported to another site.				One or more food items from an unapproved or unknown source, or home canned or home prepared; or live animal slaughtered in establishment. Example: wild mushrooms or home canned beets or ROP fish not frozen before processing or home prepared meat balls, curry, rice or lasagna.	Failure to correct any condition of a PHH at the time of inspection. Inspector must call office to discuss closing or other enforcement measures.
3B*	Shellfish not from approved source; not or improperly tagged/labeled; tags not retained for 90 days.				One or more containers or kind of shellfish not from an approved source; not or improperly tagged/labeled; tags not retained for 90 days. Example: clams not tagged, oyster tags not retained for 90 days, mussels improperly labeled and mussels not tagged.	Failure to correct any condition of a PHH at the time of inspection. Inspector must call office to discuss closing or other enforcement measures.
3C*	Unclean or cracked whole eggs or unpasteurized liquid, frozen or powdered eggs kept or used.	1 - 6 unclean or cracked eggs or liquid, frozen, or powdered eggs not pasteurized. Example: four cracked eggs; or one container of unpasteurized liquid eggs.	7 - 12 unclean or cracked eggs; or 2 containers of liquid, frozen, or powdered eggs not pasteurized. Example: nine cracked eggs; or two containers of unpasteurized liquid eggs.	13 - 24 unclean or cracked; or three containers of liquid, frozen, or powdered eggs not pasteurized. Example: 16 unclean or cracked eggs; or 14 unclean or cracked eggs and two containers of unpasteurized liquid eggs.	25 or more unclean or cracked eggs; or four containers of liquid, frozen, or powdered eggs not pasteurized. Example: 25 or more unclean or cracked eggs; or four containers of unpasteurized liquid eggs.	Failure to correct any condition of a PHH at the time of inspection. Inspector must call office to discuss closing or other enforcement measures.
3D*	Food packages, canned food, hermetically sealed containers swollen, leaking or rusted, or without "Do Not Use" label and not segregated from other consumable food items.	1 - 6 food packages swollen, leaking or rusted and not segregated from consumable food. Example: one can of tomato paste rusted and one pouch of salmon leaking and stored on food storage shelf.	7 - 12 food packages swollen, leaking or rusted and not segregated from consumable food. Example: three cans of tomato paste and two cans of mushrooms rusted and two pouches of salmon leaking and stored on food storage shelf.	13 - 18 food packages swollen, leaking or rusted and not segregated from consumable food. Example: 10 cans of tomato paste and two cans of mushrooms rusted and two pouches of salmon and two pouches of mayonnaise leaking and stored on food storage shelf.	19 or more food packages swollen, leaking or rusted and not segregated from consumable food. Example: 10 cans of tomato paste and two cans of mushrooms rusted, two pouches of salmon and two pouches of mayonnaise leaking, and 15 cans of baked beans leaking and stored on food storage shelf.	Failure to correct any condition of a PHH at the time of inspection. Inspector must call office to discuss closing or other enforcement measures.
3E*	No or inadequate potable water supply. Water or ice not potable or from unapproved source. Bottled water not NY State certified. Cross connection in potable water supply system.				No potable water. Potable water supply inadequate. Water or ice not potable or from unapproved source. Cross connection in potable water supply system.	Failure to correct any condition of a PHH at the time of inspection. Inspector must call office to discuss closing or other enforcement measures.
3F*	Unpasteurized milk or milk product (except aged cheese) served.				Unpasteurized milk or milk product served.	Failure to correct any condition of a PHH at the time of inspection. Inspector must call office to discuss closing or other enforcement measures.
3G	Raw fruit or vegetables not properly washed prior to cutting or serving.	One raw fruit or vegetable not properly washed prior to cutting or serving. Example: an apple.	Two raw fruits or vegetables not properly washed prior to cutting or serving. Example: two heads of lettuce.	Three raw fruits or vegetables not properly washed prior to cutting or serving. Example: two heads of lettuce and one head of broccoli.	Four or more raw fruits or vegetables not properly washed prior to cutting or serving. Example: two heads of lettuce, one head of broccoli and one head of cabbage.
3I*	Unpasteurized juice packaged and sealed on premises not labelled or label incomplete; no warning statement.				One or more packaged juice products not or improperly labeled. Example: orange and carrot juice produced and bottled with sealed cap by the establishment without a label or only a partial label.	Failure to correct any condition of a PHH at the time of inspection. Inspector must call office to discuss embargoing product, closing or other enforcement measures.
4A	Food Protection Certificate (FPC) not held by manager or supervisor of food operations.					No FPC holder.
4B*	Food worker spits, prepares food or touches utensil when ill with a disease transmissible by food or has exposed infected cut or burn on hand.				Food worker spits; prepares food or touches utensil when ill with a disease transmissible by food or has exposed infected cut or burn on hand.	Failure to correct any condition of a PHH at the time of inspection. Inspector must call office to discuss closing or other enforcement measures.
4C*	Food worker does not use utensil or other barrier to eliminate bare hand contact with food that will not receive adequate additional heat treatment.	One food worker preparing ready-to-eat food with bare hands. Example: one food worker at front food preparation area preparing a sandwich.	Two food workers preparing ready-to-eat foods with bare hands. Example: one food worker at front food preparation area preparing a sandwich and one food worker in kitchen preparing Caesar salad.	Three food workers preparing ready-to-eat foods with bare hands. Example: one food worker at front food preparation area preparing a sandwich, one food worker in kitchen preparing Caesar salad and one food worker in basement preparing shrimp cocktail.	Four or more food workers preparing ready-to-eat foods with bare hands. Example: two food workers at front food preparation area preparing sandwiches, one food worker in kitchen preparing Caesar salad and one food worker in basement preparing shrimp cocktail.	Failure to correct any condition of a PHH at the time of Inspection. Inspector must call office to discuss closing or other enforcement measures.
4D*	Food worker does not wash hands thoroughly after using the toilet, coughing, sneezing, smoking, eating, preparing raw foods or otherwise contaminating hands or does not change gloves when gloves are contaminated.				Food worker does not wash hands after using the toilet, coughing, sneezing, smoking, preparing raw foods or otherwise contaminating hands or does not change gloves when gloves are contaminated.	Failure to correct any condition of a PHH at the time of Inspection. Inspector must call office to discuss closing or other enforcement measures.
4E*	Toxic chemical or pesticide improperly labeled, stored or used such that food contamination may occur.	One toxic chemical or pesticide improperly labeled, stored or used such that contamination of food may occur. Example: roach spray stored on shelf with boxes of pasta.	Two toxic chemicals or pesticides improperly labeled, stored or used such that contamination of food may occur. Example: roach spray and bleach stored on shelf with boxes of pasta.	Three toxic chemicals or pesticides improperly labeled, stored or used such that contamination of food may occur. Example: roach spray, bleach and stainless steel cleaner stored on shelf with boxes of pasta.	Four or more toxic chemicals or pesticides improperly labeled, stored, or used such that contamination of food may occur. Example: roach spray, bleach, stainless steel cleaner and rat poison stored on shelf with boxes of pasta.	Failure to correct any condition of a PHH at the time of Inspection. Inspector must call office to discuss closing or other enforcement measures.
4F*	Food preparation area, food storage area, or any other area used by employees or patrons contaminated by sewage or liquid waste.				Food preparation or food storage area, or any area used by employees or patrons, contaminated by sewage or liquid waste.	Failure to correct any condition of a PHH at the time of inspection. Inspector must call office to discuss closing or other enforcement measures.
4G*	Unprotected TCS food re-served.				Unprotected TCS food re-served. Example: bowl of cooked rice re-served to other patron.	Failure to correct any condition of a PHH at the time of inspection. Inspector must call office to discuss closing or other enforcement measures.
4H*	Raw, cooked or prepared food is adulterated, contaminated or cross-contaminated, or not discarded in accordance with HACCP plan.	One food item is spoiled, adulterated, contaminated or cross-contaminated. Example: lettuce contaminated by raw chicken or custard cream contaminated by mice droppings; or one package of ROP chicken not discarded in accordance with HACCP plan.	Two food items or two containers of the same food located in two areas noted spoiled, adulterated, contaminated or cross-contaminated. Example: lettuce and cooked chicken contaminated by raw chicken; or adulterated sausage and fish; or ROP beef stew and ROP chicken fricassee not discarded in accordance with HACCP plan.	Three food items or three containers of the same food type located in three areas noted spoiled, adulterated, contaminated or cross-contaminated. Example: lettuce, cooked chicken and raw eggs contaminated by raw chicken; or lettuce, tomatoes and figs contaminated by non-potable water; or ROP beef stew, ROP chicken fricassee and ROP pork tenderloin not discarded in accordance with HACCP plan; or a tray of chicken contaminated with mice droppings in walk-in refrigerator, a basket of chicken under the deep fat fryer contaminated with dust and debris, and a pan of chicken on the service counter cross-contaminated with raw beef drippings.	Four or more food items or four or more containers of the same food type in different areas noted spoiled, adulterated, contaminated or cross-contaminated. Example: lettuce, cooked chicken, raw eggs and cooked rice contaminated by raw chicken; or ROP beef stew, ROP chicken fricassee, ROP pork tenderloin and meat sauce not discarded in accordance with HACCP plan; or a tray of chicken contaminated with mice droppings in an upper level walk-in refrigerator, a basket of chicken under the deep fat fryer contaminated with dust and debris, a pan of chicken on the service counter cross-contaminated with raw beef drippings and chicken contaminated by mice droppings.	Failure to correct any condition of a PHH at the time of Inspection. Inspector must call office to discuss closing or other enforcement measures.
4I	Unprotected non-TCS food re-served.	One unprotected food item re-served. Example: unwrapped crackers.	Two unprotected foods items re-served. Example: unwrapped crackers and bread.	Three unprotected food items re-served. Example: unwrapped crackers, bread and pickles.	Four or more unprotected food items re-served. Example: unwrapped crackers, bread, pickles and breadsticks.
4J	Properly calibrated thermometer or thermocouple not provided or not readily accessible in food preparation, hot/cold holding areas, to measure temperatures of TCS foods during cooking, cooling, reheating and holding.	Properly calibrated thermometer or thermocouple not provided, or readily accessible to measure temperature of TCS foods.
4K	Evidence of rats or live rats in establishment's food and/or non-food areas.	Rats or evidence of rats in the establishment's food or non-food areas. Example: 1 - 10 fresh rat droppings in the establishment.	Rats or evidence of rats in the establishment's food or non-food areas, demonstrated by 11 - 30 fresh rat droppings in the establishment. Example: 25 fresh rat droppings in the food preparation area and 5 fresh rat droppings in dry food storage area.	Rats or evidence of rats in the establishment's food or non-food areas, demonstrated by 31 - 70 rat droppings in the establishment. Example: 55 fresh rat droppings in food preparation area and 14 rat droppings in dry food storage area.	Rats or evidence of rats in the establishment's food or non-food areas, demonstrated by 1 - 2 live rats and/or 71 - 100 rat droppings in the establishment. Example: 80 fresh rat droppings in food preparation area and 30 fresh rat droppings in dry food storage area and 16 in basement or less than 10 fresh rat droppings in basement, food prep.	Three or more live rats and/or more than 100 droppings; and/or other conditions conducive to infestation of rats, e.g., holes/openings, water, food, unused equipment/material. Inspector must call office to discuss closing or other enforcement measures.
4L	Evidence of mice or live mice in establishment's food and/or non-food areas.	Mice or evidence of mice in the establishment's food or non-food areas; 1 - 10 fresh mice droppings in one area. Example: 8 fresh mice droppings found in pantry.	Mice or evidence of mice in the establishment's food or non-food areas. 11 - 30 fresh mice droppings in one area or 1 - 10 in two areas. Example: 25 fresh mice droppings in the food preparation area; or 10 fresh mice droppings in dry food storage area and 10 in the basement.	Mice or evidence of mice in the establishment's food or non-food areas. 31 - 70 mice droppings in one area, 11 - 30 in two areas; or 1 - 10 in three areas. Example: 55 fresh mice droppings in food preparation area; 14 fresh mice droppings in dry food storage area and 16 in basement; or fewer than 10 fresh mice droppings in the basement, food preparation area and bathroom.	Mice or evidence of mice in the establishment's food or non-food areas; 1 - 2 live mice and/or 71 - 100 mice droppings in one area; 31 - 70 in two areas, 11 - 30 in three areas; or 1 - 10 in four areas. Example: 80 fresh mice droppings in food preparation area; 30 fresh mice droppings in dry food storage area and 16 in basement; or fewer than 10 mice droppings in basement, food preparation area, bathroom and garbage disposal area.	Two or more live mice and/or more than 100 fresh mice droppings and/or other conditions exist conducive to infestation of mice, e.g., holes/openings, water, food, unused equipment/material. Inspector must call office to discuss closing or other enforcement measures.
4M	Live roaches in establishment's food and/or non-food areas.	1 - 5 roaches in the establishment's food and non-food areas. Example: 2 live roaches in the dry food area.	Roaches in the establishment's food and and/or non-food areas. 6 - 10 roaches in one area; or 1 - 5 in two areas. Example: seven live roaches in the food preparation area; or two roaches in the dry food storage area and one in the basement.	Roaches in the establishment's food and/or non-food areas; 11 - 15 roaches in one area; 6 - 10 in two areas; or 1 - 5 in three areas. Example: 12 live roaches in the food preparation area; four roaches in the dry food storage area and five roaches in the basement; or one live roach observed in walk-in, food preparation area and dry storage.	Roaches in the establishment's food and non-food areas; 16 - 20 roaches in one area, 11 - 15 in two areas; 6 - 10 in three areas; or 1 - 5 in four areas. Example: 17 live roaches in the food preparation area; 10 roaches in the dry food storage area and five roaches in the basement; or one live roach observed in walk-in, food preparation area, garbage area and dry storage area.	More than 20 live roaches and/or other conditions exist conducive to infestation of roaches. Example: 45 live roaches and condition conducive to infestation such as holes/openings, water, food, unused equipment/material. Inspector must call office to discuss closing or other enforcement measures.
4N	Filth flies or food/refuse/sewage associated (FRSA) flies or other nuisance pests in facility's food and/or non-food areas. FRSA flies include house flies, blow flies, bottle flies, flesh flies, drain flies, Phorid flies and fruit flies.	1 - 5 filth flies or FRSA flies in the food preparation or food storage area during November 1 through March 1. Example: two flies in dry non-food area in January.	6 - 10 filth flies or FRSA flies in one area; or 2 - 5 filth flies in two areas. Example: 7 live flies in food preparation area; or 2 flies in the dry food storage area and 1 in basement.	11 - 15 filth flies or FRSA flies in one area; 6 - 10 in two areas; or 2 - 5 flies in three areas. Example: 12 live flies in food preparation area; 4 flies in the dry food storage area and 5 flies in basement; or 1 fly observed in walk-in refrigerator food preparation area and dry storage area.	16 - 30 filth flies or FRSA flies in one area; 11 - 15 in two areas; 6 - 10 filth flies in three areas; or 1 - 5 in four areas. Example: 17 filth flies in food preparation area; 10 filth flies in dry food storage area and 5 filth flies in basement; or 2 filth flies observed in walk-in refrigerator, food preparation area, garbage area and dry storage area.	More than 30 filth flies, FRSA flies and/or other conditions exist conducive to infestation of filth flies. Example: 40 flies in the basement garbage area; and other conditions exist conducive to filth fly infestation, i.e. openings to the outer air, water, food, decaying matter, and/or sewage. Inspector must call office to discuss closing or other enforcement measures.
4O	Live animal other than fish in tank or service animal present in establishment's food and/or non-food areas.	Live animal in establishment. Example: one companion dog on chair in outdoor dining area, or one live cat within establishment or one chicken in rear yard.	Two live animals in establishment. Example: Two live birds in dining area or goat and chicken in rear yard or two cats in establishment.	Three live animals in establishment. Example: Two cockatoos in cage and live cat in dining room area or two chickens and lamb in rear yard.	Four or more live animals in establishment. Example: Two caged cockatoos and two live cats in dining room area or three chickens, a lamb and a goat in rear yard.
4P*	Food containing a prohibited substance held, kept, offered, prepared, processed, packaged, or served.				Any food held, kept, offered, prepared, processed, packaged or served with any prohibited substance.	Failure to correct any condition of a PHH at the time of inspection. Inspector must call office to discuss closing or other enforcement measures.
5A*	Sewage disposal system is not provided, improper or unapproved.				No sewage disposal system. Sewage or liquid waste is not disposed of in an approved or sanitary manner.	Failure to correct any condition of a PHH at the time of inspection. Inspector must call office to discuss closing or other enforcement measures.
5B*	Harmful, noxious gas or vapor detected. Carbon monoxide (CO) level at or exceeding 9 ppm				Harmful, noxious gas or vapor detected. CO level at or exceeding 9 ppm.	Failure to correct any condition of a PHH at the time of inspection. Inspector must call office to discuss closing or other enforcement measures
5C+	Food contact surface, refillable, reusable containers, or equipment improperly constructed, placed or maintained. Unacceptable material used. Culinary sink or other acceptable method not provided for washing food.	One food contact surface, refillable, reusable container, or piece of equipment improperly constructed, located and/or unacceptable material used. Example: painted shelves in a walk-in unit.	Two food contact surfaces, refillable, reusable containers, or pieces of equipment improperly constructed, located and/or unacceptable material used. Example: painted shelves in a walk-in unit and customer's refillable, reusable container made from polystyrene.	Three food contact surfaces, refillable, reusable containers, or pieces of equipment improperly constructed, located, and/or unacceptable material used. Example: painted shelves of a walk-in unit, customer's refillable, reusable container made from polystyrene, cutting board made from untreated wood and acidic foods placed in pewter bowl.	Four or more food contact surfaces, refillable, reusable containers, or pieces of equipment improperly constructed, located, and/or unacceptable material used. Example: painted shelves of a walk-in unit, cutting board made from untreated wood, acidic foods placed in pewter bowl and solder and flux used to repair food contact equipment or no culinary sink or other acceptable method provided for washing food.	Failure to correct on any inspection results in a follow up inspection, and/or closure. Inspector must call office to discuss closing or other enforcement measures.
5D+	No hand wash facility in or adjacent to toilet rooms or within 25 feet of food preparation or service or ware washing area. Hand wash facility not accessible or obstructed by door, equipment or used for non-hand washing purposes. Hand wash facility without hot and cold running water or water at inadequate pressure. No soap or acceptable hand-drying device.				Fully equipped hand wash sinks, to include soap and hand drying device or disposable single use towels, not provided where required or hand wash sink not accessible or obstructed. No potable water or water not at adequate pressure at hand wash sink.	Failure to correct on any inspection results in a follow up inspection, and/or closure. Inspector must call office to discuss closing or other enforcement measures.
5E+	Toilet facility not provided for employees or for patrons when required. Shared patron-employee toilet accessed through kitchen, food prep or storage or utensil washing area.				Toilet facility not provided for employees or for patrons when required. Shared patron-employee toilet accessed through kitchen, food prep or storage or utensil washing area.	Failure to correct on any inspection results in a follow up inspection, and/or closure. Inspector must call office to discuss closing or other enforcement measures.
5F+	Inadequate or no refrigerated or hot holding equipment to keep TCS foods at required temperatures. Outdoor refrigerator not locked, secured.				Refrigerated or hot holding equipment for TCS food inadequate or not provided. Outdoor refrigerator not locked, secured.	Failure to correct on any inspection results in a follow up inspection, and/or closure. Inspector must call office to discuss closing or other enforcement measures.
5G+	Separate, enclosed, properly equipped and sized cleaning and service area not provided in mobile food vending commissary; street, sidewalk used for cleaning units.				Separate, enclosed, properly equipped and sized cleaning and service area not provided. Street, sidewalk used for cleaning units.	Failure to correct on any inspection results in a follow up inspection, and/or closure. Inspector must call office to discuss closing or other enforcement measures.
5H+	No facilities available to wash, rinse, and sanitize utensils, dishware, glassware, equipment or refillable returnable containers. No approved written standard operating procedure for avoiding contamination by refillable returnable containers.				No facilities available to wash, rinse and sanitize utensils, dishware, glassware, equipment or refillable returnable containers. No approved written standard operating procedure for avoiding contamination by refillable returnable containers.	Failure to correct. Inspector must call office to discuss enforcement measures.
5I+	Refrigeration used to implement HACCP plan for ROP foods not equipped with an electronic system that continuously monitors time and temperature.				Refrigeration used to implement HACCP plan for ROP foods not equipped with an electronic system that continuously monitors time and temperature.	Inspector must call office to discuss closing or other enforcement measures.
6A	Personal cleanliness inadequate. Outer garment soiled with possible contaminant. Effective hair restraint not worn where required. Jewelry worn on hands or arms; fingernail polish worn or fingernails not kept clean and trimmed.	One food worker without clean outer garment or hair restraint or wearing prohibited jewelry or fingernail polish, or fingernails not kept clean and trimmed.	Two food workers without clean outer garments and/or hair restraints or wearing prohibited jewelry or fingernail polish or fingernails not kept clean and trimmed.	Three food workers without clean outer garments and/or hair restraints or wearing prohibited jewelry or fingernail polish or with fingernails not kept clean and trimmed.	Four or more food workers without clean outer garments and/or hair restraints, or wearing prohibited jewelry or fingernail polish or fingernails not kept clean and trimmed.
6B	Tobacco or e-cigarette use, eating, or drinking from open container in food preparation or other area where food, equipment or utensils may be exposed to contamination.	One food worker eating, smoking and/or drinking from open container in food or ware washing areas.	Two food workers eating, smoking and/or drinking from open container in food preparation or ware washing areas.	Three food workers eating, smoking and/or drinking from open container in food preparation or ware washing areas.	Four or more food workers eating, smoking and/or drinking from open container in food preparation or ware washing areas.
6C	Food, supplies or equipment not protected from potential source of contamination during storage, preparation, transportation, display or service or from customer's refillable, reusable container.	One food item or kind of supply not protected during storage, preparation, transportation, display or service or from customer's refillable, reusable container. Example: one tray of uncovered assorted pastries or supply of clean table linen in customer self-service area or customer's refillable, reusables container directly touches the cappuccino milk frother.	Two food items or supplies not protected during storage, preparation, transportation, display or service or from customer's refillable, reusable container. Example: one tray of uncovered pastries or supply of clean table linen in customer self-service area and one cooked steak on prep table under fly strip	Three food items or supplies not protected during storage, preparation, transportation, display or service or from customer's refillable, reusable container. Example: one tray of uncovered pastries or supply of clean table linen in customer self-service area; one cooked steak on prep table under fly strip and self-service buffet without sneeze guard.	Four or more food items or supplies not protected during storage, preparation, transportation, display or service or from customer's refillable, reusable container. Example: one tray of uncovered pastries or supply of clean table linen in customer self-service area; one cooked steak on prep table under fly strip, customer's refillable, reusables container directly touches the cappuccino milk frother, buffet without sneeze guard and uncovered bucket of marinating chicken on floor of walk-in refrigerator.
6D	Food contact surface not properly washed, rinsed and sanitized after any activity where contamination may have occurred.	One food contact surface not washed, rinsed or sanitized after any activity where contamination may have occurred. Example: Meat slicer blade encrusted with old food debris.	Two food contact surfaces not washed, rinsed or sanitized after any activity where contamination may have occurred. Example: Meat slicer blade and cutting board encrusted with old food debris.	Three food contact surfaces not properly washed, rinsed or sanitized after any activity where contamination may have occurred. Example: Meat slicer blade, wooden cutting board, and can opener encrusted with old food debris.	Four or more food contact surfaces not properly washed, rinsed or sanitized after any activity where contamination may have occurred. Example: Meat slicer blade, wooden cutting board, can opener, and food preparation table encrusted with old food debris, and the interior of the ice machine contaminated with mold.
6E	Sanitized equipment or utensil, including in-use food dispensing utensil, improperly used or stored.	One sanitized piece of equipment or utensil improperly used or stored. Example: in-use ice scoop on top of ice machine.	Two sanitized pieces of equipment or utensils improperly used or stored. Example: in-use ice scoop on top of ice machine and knives stored between food preparation table and wall.	Three sanitized pieces of equipment or utensils improperly used or stored. Example: in-use ice scoop on top of ice machine; clean sanitized knives stored between food preparation table and wall; and in-use food utensils in container of water not heated to 135°F.	Four or more sanitized pieces of equipment or utensils improperly used or stored. Example: in-use ice scoop on top of ice machine; clean sanitized knives stored between food preparation table and wall, in-use food utensils in container of water not heated to 135°F; and clean and sanitized food tags stored in cash register.
6F	Wiping cloths soiled or not stored in sanitizing solution; or inadequately sanitized.	Wiping cloth soiled or not stored in sanitizing solution; or inadequately sanitized. Example: one wiping cloth used to clean food contact surfaces not stored in sanitizing solution; or test kit to measure sanitizing solution to ensure proper sanitization of wiping cloths not provided; or sanitizer solution not at appropriate level to ensure proper sanitization of wiping cloths.	Wiping cloths soiled or not stored in sanitizing solution; or inadequately sanitized. Example: one or more wiping cloths used to clean food contact surfaces not stored in sanitizing solution; and the test kit to measure sanitizing solution to ensure proper sanitization of wiping cloths not provided; or wiping cloths used to clean food contact surfaces not stored in sanitizing solution and test kit to measure sanitizing solution to ensure proper sanitization of wiping cloths not provided.	Wiping cloths soiled and not stored in sanitizing solution and inadequately sanitized. Example: two or more wiping cloths used to clean food contact surfaces are not stored in sanitizing solutions, and the test kit to measure sanitizing solution to ensure proper sanitization of wiping cloths is either not provided or the sanitizer solution is not at appropriate level to ensure proper sanitization of wiping cloths.
6G	HACCP plan not approved or approved HACCP plan not maintained on premises.				Approved HACCP plan not maintained on premises.	HACCP plan not approved. Inspector must call office to discuss enforcement measures.
6H	Records and logs not maintained to show approved HACCP plan has been properly implemented.					Record and logs not maintained to show approved HACCP plan has been properly implemented. Inspector must call office to discuss corrective action or other enforcement measures.
6I	ROP TCS food not labeled in accordance with approved HACCP plan.				ROP TCS food not labeled in accordance with approved HACCP plan.	Inspector must call office to discuss corrective action or other enforcement measures.
6J	Refillable, reusable beverage container filled with TCS foods.	One food worker filled a customer's reusable beverage container with mixed fruit milk smoothie.	Two food workers filled a customer's reusable beverage container with fruit milk smoothie, or one food worker filled two customer's containers with mixed fruit milk smoothie.	Three food workers filled a customer's reusable beverage container with fruit milk smoothie, or one food worker filled three customer's containers with mixed fruit milk smoothie.	Four or more food workers filled a customer's reusable beverage container with fruit milk smoothie, or one food worker filled three customer's containers with mixed fruit milk smoothie.
7A	Duties of an officer of the department interfered with or obstructed.					Duties of an officer of the department interfered with or obstructed. Inspector must call office to discuss closing or other enforcement measures.
Explanatory Note: With respect to violations 4K, 4L, 4M, and 4N, when different types of pests are observed and cited, the violation category with the highest condition level, regardless of the type of pest will form the basis for calculating the condition level and points. For example, if condition level I of rats (4K) and condition level III of flies (4N) are observed, seven points at condition level III will be assessed as a pest violation. However, when the Department determines that the combined conditions (pests and harborage) constitute an imminent health hazard, as defined in NYC Health Code § 81.03, the violation shall be scored at the highest condition level (V).
8A	Harborage or conditions conducive to attracting pests to the premises and/or allowing pests to exist when pests or signs of pests are present.			Doors and door thresholds not adequately pest proofed, and/or one or two openings in the facility facade (walls, floors, ceilings) and/or other condition conducive to pest entry or breeding when pests or signs of pests are present.	Doors and door thresholds not adequately pest proofed, with quality materials, and/or three or more openings in the facility facade (walls, floors, ceilings) or other condition conducive to pest entry or breeding when pests or signs of pest are present.
8B	Garbage receptacles not pest or water resistant; or not covered with tight fitting lids, except while in active use. Garbage receptacles not cleaned after emptying and prior to reuse.	Garbage equipment and facilities not maintained or provided. Example: tight fitting lid not provided for 32-gallon garbage can used to put garbage out overnight. Garbage can uncovered when not in active use. Garbage can not pest or water resistant. Cans and covers not cleaned after emptying and before reuse.
8C	Pesticide use not in accordance with label or applicable laws. Pesticides, other toxic chemicals improperly used/stored. Unprotected, unlocked bait station used.	One prohibited pesticide, chemical or bait station in establishment or not used in accordance with label or applicable laws.	Two types of prohibited pesticides, chemicals or bait stations in establishment or not used in accordance with label or applicable laws.	Three types of prohibited pesticides, chemicals or bait stations in establishment or not used in accordance with label or applicable laws.	Four or more types of prohibited pesticides, chemicals or bait stations in establishment or not used in accordance with label or applicable laws.	Failure to correct. Inspector must call office to discuss enforcement measures.
9A	Cans of food with dented body damage not segregated from other cans for return to distributor.	1 - 6 cans dented. Example: one dented can of tomato paste stored on food storage shelf not segregated.	7 - 12 cans dented. Example: seven dented cans of tomato paste stored on food storage shelf not segregated.	13 - 24 cans dented. Example: seven dented cans of tomato paste and six dented cans of soy sauce stored on food storage shelf not segregated.	25 or more cans dented. Example: seven dented cans of tomato paste, ten dented cans of soy sauce, and five dented cans of tuna fish stored on food storage shelf not segregated.
9B	Thawing procedures improper.	One frozen food item improperly thawed. Example: whole chicken or beefsteak improperly thawed.	Two frozen food items improperly thawed or the same type of food improperly thawed in two different areas. Example: two chickens and beefsteak improperly thawed or chicken breast improperly thawed in sink and chicken legs thawed on kitchen counter.	Three frozen food items improperly thawed or the same type of food improperly thawed in three different areas. Example: three chickens, beefsteak, and pork shoulder improperly thawed; or chicken breast improperly thawed in sink, chicken legs improperly thawed on kitchen counter, and chicken breast improperly thawed in bowl in food preparation area.	Four or more frozen food items improperly thawed or the same type of food improperly thawed in four different areas. Example: four chickens, chicken breast, beefsteak, and shrimp improperly thawed; or chicken breast improperly thawed in sink, chicken legs improperly thawed on kitchen counter, chicken breast improperly thawed in bowl in food preparation area, and chicken wings improperly thawed near the deep fat fryer.
9C	Food contact surface chipped, cracked, worn or in a condition where it cannot be properly maintained.	One food contact surface not properly maintained. Example: one cutting board discolored.	Two food contact surfaces not properly maintained. Example: one cutting board discolored and one plastic cutting board pitted and scratched.	Three food contact surfaces not properly maintained. Example: three cutting boards pitted and scratched.	Four or more contact surfaces not properly maintained. Example: three cutting board pitted and scratched and four cutting boards at the bar area discolored.
9D	Food service operation occurring in room or area used as living or sleeping quarters.	Food service operation occurring in one room used as living or sleeping quarters	Food service operation occurring in two rooms used as living or sleeping quarters.	Food service operation occurring in three rooms used as living or sleeping quarters.	Food service operation occurring in four or more rooms used as living or sleeping quarters.
9E	"Wash hands" sign not posted at hand wash facility.	"Wash hands" sign not posted at hand wash facility.
10A	Toilet facility not maintained or not provided with toilet paper, waste receptacle or self-closing door.	One toilet facility not maintained or not provided with toilet paper, waste receptacle or self-closing door	Two toilet facilities not maintained or not provided with toilet paper, waste receptacle or a self-closing door.	Three toilet facilities not maintained or not provided with toilet paper, waste receptacle or a self-closing door.	Four or more toilet facilities not maintained or not provided with toilet paper, waste receptacle or a self-closing door.
10B	Back-siphonage or back-flow prevention device not provided where required; equipment or floor not properly drained; sewage disposal system in disrepair or not functioning properly. Condensation or liquid waste improperly disposed of.	One back-flow prevention device not installed, or equipment or floor not properly drained. Example: refrigerator condensation draining into a bucket.	Two back-flow prevention devices not installed, or equipment or floor not properly drained. Example: refrigerator condensation drained into a bucket and air conditioner draining onto sidewalk.	Three back-flow prevention devices not installed, or equipment or floor not properly drained. Example: refrigerator condensation draining into bucket, air conditioner draining onto sidewalk and no vacuum breaker provided on the hose connected to faucet.	Four back-flow prevention devices not installed or equipment or floor not properly drained. Example: refrigerator condensation draining into bucket, two air conditioners draining onto sidewalk and no vacuum breaker provided on the hose connected to faucet or ice machine.	Five or more back-flow prevention devices not installed or equipment or floor not properly drained. Example: refrigerator condensation draining into bucket, two air conditioners draining onto sidewalk, no vacuum breaker provided on the hose connected to a faucet and no vacuum breaker provided on the hose connected to an ice machine.
10C	Lighting inadequate; permanent lighting not provided in food preparation areas, ware washing areas, and storage rooms.	One instance of inadequate lighting. Example: lighting at work surface of food preparation table is 323 lux.	Two instances of inadequate lighting. Example: lighting at food prep table work surface is 323 lux, and 108 lux under self-service buffet sneeze guard.	Three instances of inadequate lighting. Example: lighting at food prep table work surface is 323 lux, 108 lux under self-service buffet sneeze guard and 54 lux in reach-in refrigerator.	Four or more instances of inadequate lighting. Example: lighting at food prep table work surface is 323 lux, 108 lux under self-service buffet sneeze guard, 54 lux in reach-in refrigerator and 70 lux in dry storage area.
10D	Mechanical or natural ventilation system not provided, improperly installed, in disrepair and/or fails to prevent excessive build-up of grease, heat, steam condensation vapors, odors, smoke, and fumes.	One mechanical or natural ventilation system not provided or inadequate. Example: no ventilation provided in bathroom.	Two mechanical or natural ventilation systems not provided or inadequate. Example: no ventilation provided in bathroom and exhaust hood not sufficient to remove excess fumes in kitchen.	Three mechanical or natural ventilation systems not provided or inadequate. Example: no ventilation provided in bathroom, exhaust hood not sufficient to remove excess fumes in kitchen and grease collecting on walls.	Four mechanical or natural ventilation systems not provided or inadequate. Example: no ventilation provided in bathroom, exhaust hood not sufficient to remove excess fumes in kitchen, grease collecting on walls, and smoke from smokehouse drifting into dining area.
10E	Accurate thermometer not provided or not properly located in refrigerated or hot holding equipment.	One refrigeration or hot holding unit not provided with accurate thermometer to measure the temperature in the warmest part of the refrigerator or coolest part of the hot storage unit.	Two refrigeration or hot holding units not provided with accurate thermometers to measure the temperature in the warmest part of the refrigerator or coolest part of the hot storage unit.	Three refrigeration or hot holding units not provided with accurate thermometers to measure the temperature in the warmest part of the refrigerator or coolest part of the hot storage unit.	Four refrigeration or hot holding units not provided with accurate thermometers to measure the temperature in the warmest part of the refrigerator or coolest part of the hot storage unit.
10F	Non-food contact surface or equipment improperly maintained or made of unacceptable material, not kept clean or not properly sealed, raised, spaced or movable to allow accessibility for cleaning on all sides, above and underneath equipment or other structures.	One non-food contact surface or piece of equipment made of unacceptable material, not kept clean or not properly sealed, raised, spaced or movable to allow accessibility for cleaning on all sides, above and underneath the equipment or other structures. Example: wall in food preparation area made of material not easily cleaned.	Two non-food contact surfaces or pieces of equipment made of unacceptable material, not kept clean or not properly sealed, raised, spaced or movable to allow accessibility for cleaning on all sides, above and underneath the equipment or other structures. Example: wall in food preparation area made of material not easily cleaned and build-up of grease on the wall adjacent to permanently installed convection oven which is not easily moveable or properly spaced to allow cleaning.	Three non-food contact surfaces or pieces of equipment made of unacceptable material, not kept clean or not properly sealed, raised, spaced or movable to allow accessibility for cleaning on all sides, above and underneath the equipment or other structures. Example: wall in food preparation area made of material not easily cleaned, build-up of grease on the wall adjacent to permanently installed convection oven which is not easily moveable or properly spaced to allow cleaning, and dried encrusted grease and old food debris under the walk-in refrigerator which is not properly sealed to the floor.	Four non-food contact surfaces or pieces of equipment made of unacceptable material, not kept clean or not properly sealed, raised, spaced or movable to allow accessibility for cleaning on all sides, above and underneath the equipment or other structures. Example: wall in food preparation area made of brick, a material not easily cleanable, build-up of grease on the wall adjacent to permanently installed convection oven which is not easily moveable or properly spaced to allow cleaning, dried encrusted grease and old food debris under the walk-in refrigerator which is not properly sealed to the floor, and a rug in the food storage area.
10G	Proper sanitization not used or provided for utensil ware washing operation. No test kit.				Sanitization inadequate for mechanical or manual warewashing.
10H	Single service item reused, not protected from contamination when transported, stored, dispensed; not used when required.	One type of single service item reused, not protected from contamination when transported, stored, dispensed or not used when required. Example: drinking straws not protected from contamination.	Two types of single service items reused, not protected from contamination when transported, stored, dispensed or not used when required. Example: drinking straws not properly dispensed and paper plates not protected from contamination.	Three types of single service items reused, not protected from contamination when transported, stored, dispensed, not used when required. Example: drinking straws not properly dispensed, paper plates not protected from contamination and forks not protected from contamination.	Four or more types of single service items reused, not protected from contamination when transported, stored, dispensed, not used when required. Example: drinking straws not properly dispensed, paper plates not protected from contamination, forks not protected from contamination and plastic forks reused.
* Public Health Hazards (PHH) or Imminent Health Hazards must be corrected immediately.
+ Pre-permit Serious Violations that must be corrected before permit is issued.
Note: When examples are provided to illustrate the kinds of violations included in a condition level, the examples are not intended to cover all the possible violations of the applicable Health Code or other law cited. These examples are only intended to help establishment operators to determine the extent of their violations.

 

(Amended City Record 9/2/2021, eff. 10/2/2021; amended City Record 2/3/2023, eff. 3/5/2023)