Appendix 23-C: Food Service Establishment and Non-Retail Food Processing Establishment Penalty Schedule

SCORED VIOLATIONS
Violation Code	Citation	Category	Violation Description	Cure Accepted or $0 Penalty First-Time Violations	Violation Penalty Condition I*	Violation Penalty Condition II*	Violation Penalty Condition III*	Violation Penalty Condition IV*	Violation Penalty Condition V*
02A	NYCHC § 81.09(c)	Public Health Hazard	Time and temperature control for safety ("TCS") hot food not heated to 140°F for 15 seconds					$400	$600
02A	NYCHC § 81.09(c)(1)	Public Health Hazard	Poultry, poultry stuffing, parts and ground, comminuted poultry not heated to 165°F for 15 seconds					$400	$600
02A	NYCHC § 81.09(c)(2)	Public Health Hazard	Pork/food containing pork not heated to 150°F for 15 seconds					$400	$600
02A	NYCHC § 81.09(c)(3)	Public Health Hazard	Rare roast beef/steaks not heated to minimum time/temperature					$400	$600
02A	NYCHC § 81.09(c)(4)	Public Health Hazard	Ground, comminuted meat, foods containing ground, comminuted meat not heated to 158°F					$400	$600
02A	NYCHC § 81.09(c)(5)	Public Health Hazard	Stuffed meats, fish, ratites and tenderized meats not heated to 165°F for 15 seconds; injected, mechanically tenderized meats not heated to 155°F					$400	$600
02A	NYCHC § 81.09(c)(6)	Public Health Hazard	Shell eggs/food containing shell eggs not heated 145°F for 15 seconds					$400	$600
02A	NYCHC § 81.09(c)(7)	Public Health Hazard	Raw animal food cooked in microwave not heated to 165°F, not covered, rotated or stirred, not held for 2 minutes					$400	$600
02B	NYCHC § 81.09(a)	Public Health Hazard	Hot TCS food not held at 140°F or above		$250	$300	$350	$400	$500
02C	NYCHC § 81.09(d)	Critical	Previously cooked and cooled TCS food not reheated to 165°F for 15 seconds within 2 hours		$200	$200	$250	$300
02D	NYCHC § 81.09(d)(2)	Critical	Commercially processed TCS food not heated to 140°F within 2 hours		$200	$200	$250	$300
02E	NYCHC § 81.09(f)(5)	Critical	Whole frozen poultry or poultry breast, other than a single portion, cooked frozen or partially thawed		$200	$200
02F	NYCHC § 81.11	Critical	Meat, fish, or shellfish offered, served raw or partially cooked with no written consumer advisory		$200
02G	NYCHC § 81.09(a)	Public Health Hazard	Cold TCS food not held at 41°F or below		$250	$300	$350	$400	$500
02G	NYCHC § 81.09(a)(3)	Public Health Hazard	Processed or smoked fish not held at or below 38°F		$250	$300	$350	$400	$600
02G	NYCHC § 81.09(a)(2)	Public Health Hazard	Eggs not held at ambient temperature of 45°F or below		$250	$300	$350	$400	$600
02G	NYCHC § 81.12(d)(2)	Public Health Hazard	Reduced oxygen packaged raw TCS foods not held at proper temperatures		$250	$300	$350	$400	$600
02G	NYCHC § 81.12(d)(4)	Public Health Hazard	Reduced oxygen packaged TCS foods not held at proper temperatures		$250	$300	$350	$400	$600
02H	NYCHC § 81.09(e)	Public Health Hazard	TCS food not cooled by approved method		$250	$300	$350	$400	$500
02I	NYCHC § 81.09(e)(2)	Critical	TCS food not cooled to 41°F when prepared from ambient temperature ingredients within 4 hours		$200	$200	$250	$300
02J	NYCHC § 81.12(d)(4)	Public Health Hazard	Reduced oxygen packaged TCS foods not properly cooled		$250	$300	$350	$400	$600
03A	NYCHC § 81.04	Public Health Hazard	Food from unapproved or unknown source, or home cooked					$400	$600
03A	NYCHC § 81.12(c)	Public Health Hazard	Reduced oxygen packaged foods not from an approved source					$400	$600
03A	NYCHC § 81.12(e)	Public Health Hazard	Reduced oxygen packaged fish not frozen before processing					$400	$600
03A	NYCHC § 81.04(b)	Public Health Hazard	Meat not from an approved source					$400	$600
03A	NYCHC § 81.04(d)	Public Health Hazard	Exotic and game animals' meat not from an approved source					$400	$600
03A	NYCHC § 81.07(m)	Public Health Hazard	Animal slaughter in establishment					$400	$600
03B	NYCHC § 81.04(c)	Public Health Hazard	Shellfish not from an approved source					$400	$600
03B	NYCHC § 81.04(c)	Public Health Hazard	Shellfish improperly tagged or labeled					$400	$600
03B	NYCHC § 81.04(c)	Public Health Hazard	Shellfish required tags not retained at least 90 days					$400	$600
03B	NYCHC § 81.04(c)	Public Health Hazard	Shellfish records not on premises					$400	$600
03C	NYCHC § 81.07(c)	Public Health Hazard	Whole eggs cracked, not clean; other eggs unpasteurized		$250	$300	$350	$400	$600
03D	NYCHC § 81.07(b)	Public Health Hazard	Food packages, hermetically sealed containers, or packaged food swollen, leaking and/or rusted; not labeled; not segregated from packaged foods		$200	$200	$200	$200	$200
03E	NYCHC § 81.20(a)	Public Health Hazard	Potable water not provided; inadequate***	$0				$100	$100
03E	NYCHC § 141.13	Public Health Hazard	Bottled water not from an approved source; not state certified					$250	$250
03E	NYCHC § 81.20(a)	Public Health Hazard	Cross-connection observed between potable and non-potable water***	$0				$100	$100
03E	NYCHC § 81.20(c)	Public Health Hazard	Carbon dioxide gas lines unacceptable, improper materials used					$400	$600
03F	NYCHC § 81.07(k)	Public Health Hazard	Unpasteurized milk and milk products (except aged cheese) served					$400	$600
03G	NYCHC § 81.07(a)(4)	Critical	Raw fruits and vegetables not washed prior to cutting, serving		$200	$200	$250	$300
03I	NYCHC § 81.04(e)	Public Health Hazard	Juice packaged on premises with no or incomplete label, no warning statement					$400	$600
04A	NYCHC § 81.15(a)	Critical	Food Protection Certificate not held by supervisor or manager of food operations						$400
04B	NYCHC § 81.13(i)	Public Health Hazard	Food worker spitting in establishment					$400	$600
04B	NYCHC § 81.13(a)	Public Health Hazard	Food worker with illness, communicable disease and/or injury preparing food					$400	$600
04C	NYCHC § 81.07(i)	Public Health Hazard	Bare hand contact with ready-to-eat foods		$250	$300	$350	$400	$600
04D	NYCHC § 81.13(d)	Public Health Hazard	Food worker failed to wash hands after contamination; or change gloves when required					$400	$600
04E	NYCHC § 81.23(d)(3)	Public Health Hazard	Pesticides not properly labeled, stored or used such that food contamination may occur		$250	$300	$350	$400	$600
04E	NYCHC § 81.17(g)	Public Health Hazard	Toxic chemicals not properly labeled, stored or used such that food contamination may occur		$250	$300	$350	$400	$600
04F	NYCHC § 81.20(b)	Public Health Hazard	Food preparation, food storage, or other area contaminated by sewage or liquid waste***	$0				$100	$100
04G	NYCHC § 81.07(l)	Public Health Hazard	Unprotected TCS food reserved					$400	$600
04H	NYCHC § 81.07(a)(2)	Public Health Hazard	Food not protected from cross-contamination		$250	$300	$350	$400	$600
04H	NYCHC § 81.07(a)	Public Health Hazard	Food in contact with toxic material		$250	$300	$350	$400	$600
04H	NYCHC § 81.07(a)	Public Health Hazard	Food not protected from adulteration or contamination		$250	$300	$350	$400	$500
04H	NYCHC § 81.06(b)(3)	Public Health Hazard	Food not discarded in accordance with HACCP plan		$250	$300	$350	$400	$600
04I	NYCHC § 81.07(l)	Critical	Unprotected non-TCS food re-served		$200	$200	$250	$300
04J	NYCHC § 81.09(g)	Critical	Thermometer not provided, calibrated properly, or accessible for use		$200
04J	NYCHC § 81.12(g)(1)	Critical	Thermocouple not provided provided for ROP TCS foods		$200
04K	NYCHC § 81.23(a)	Critical	Rats or evidence of rats		$200	$200	$250	$300	$350
04L	NYCHC § 81.23(a)	Critical	Mice or evidence of mice		$200	$200	$250	$300	$350
04M	NYCHC § 81.23(a)	Critical	Live roaches		$200	$200	$250	$300	$350
04N	NYCHC § 81.23(a)	Critical	Filth or FRSA flies, other nuisance pests		$200	$200	$250	$300	$350
04O	NYCHC § 81.25	Critical	Live animal other than fish in tank or service animal		$200	$200	$250	$300	$350
04P	SSC § 14-1.89(a)	Public Health Hazard	Non-food grade liquid nitrogen, dry ice added to food		Condition levels are not applicable. Penalty is $250 for first violation and $500 for each subsequent violation
04P	SSC § 14-1.89(d)	Public Health Hazard	Dry ice "smoke" or liquid nitrogen "fog" effect remains at time of service
04P	NYCHC § 71.05	Public Health Hazard	Food containing a prohibited substance held, kept, offered, prepared, processed, packaged, or served					$400	$600
05A	NYCHC § 81.20(b)	Public Health Hazard	Sewage disposal system not provided, inadequate or unapproved***	$0				$100	$100
05B	NYCHC § 81.19(c)	Public Health Hazard	Harmful noxious gas or vapor detected; CO levels at or exceeding 9 ppm					$400	$600
05C	NYCHC § 81.17(d)	Critical	Food contact surface, equipment improperly constructed, located and/or made of unacceptable materials		$200	$200	$250	$300	$350
05C	NYCHC § 81.46(c)	Critical	Refillable, returnable containers constructed with improper materials.		$200	$200	$250	$300	$350
05C	NYCHC § 81.07(a)(1)	Critical	Culinary sink or alternative method not provided for washing food		$200	$200	$250	$300	$350
05D	NYCHC § 81.21(a)	Critical	Hand wash facilities not provided or not located where required					$300	$350
05D	NYCHC § 81.21(a)(1)	Critical	Hand wash facilities not provided within 25 feet of food preparation, food service area or ware washing area					$300	$350
05D	NYCHC § 81.21(a)	Critical	Hand wash facility not provided with running water, or properly equipped					$300	$350
05D	NYCHC § 81.21(b)	Critical	Hand wash facility without soap, drying device					$300	$350
05E	NYCHC § 81.22(a)	Critical	Toilet facilities not provided for employees					$300	$350
05E	NYCHC § 81.22(b)	Critical	Toilet facilities not provided for patrons					$300	$350
05E	NYCHC § 81.22(d)	Critical	Shared patron/employee toilet accessed through kitchen, food prep or storage or utensil washing area					$300	$350
05F	NYCHC § 81.18	Critical	Hot or cold holding equipment not provided or inadequate					$300	$350
05F	NYCHC § 81.18(a)(6)	Critical	Outdoor refrigerator not locked, secure					$300	$350
05G	NYCHC § 89.27(c)	Critical	Enclosed service area not provided, equipped in mobile food vending commissary					$300	$350
05G	NYCHC § 89.27(d)	Critical	Mobile food vending units cleaned or serviced on street or sidewalk outside commissary					$300	$350
05H	NYCHC § 81.29	Critical	Manual or mechanical tableware, utensil and/or ware washing facilities not provided					$300	$350
05H	NYCHC § 81.46	Critical	No approved standard operating procedure for refillable consumer containers					$300	$350
05I	NYCHC § 81.12(d)(5)	Critical	Refrigeration unit used for ROP foods not equipped with an electronic system					$300	$350
06A	NYCHC § 81.13	Critical	Food worker does not maintain personal cleanliness		$200	$200	$250	$300
06A	NYCHC § 81.13(e)	Critical	Fingernails not clean, trimmed, or with nail polish		$200	$200	$250	$300
06A	NYCHC § 81.13(c)	Critical	Clean outer garment not worn		$200	$200	$250	$300
06A	NYCHC § 81.13(b)	Critical	Effective hair restraint not worn****	$0	$100	$100	$125	$150
06A	NYCHC § 81.13(f)	Critical	Jewelry worn on arm(s) or hand(s)		$200	$200	$250	$300
06B	NYCHC § 81.13(h)	Critical	Eating, drinking in food preparation or other areas****	$0	$100	$100	$125	$150
06B	NYCHC § 81.13(g)	Critical	Smoking tobacco, using e-cigarettes or other substance in establishment		$200	$200	$250	$300
06C	NYCHC § 81.07(a)	Critical	Food not protected from contamination		$200	$200	$250	$300
06C	NYCHC § 81.07(q)	Critical	Unnecessary traffic through food prep area		$200	$200	$250	$300
06C	NYCHC § 81 07(d)	Critical	Food not properly protected when stored		$200	$200	$250	$300
06C	NYCHC § 81.07(e)	Critical	Food not properly protected when displayed		$200	$200	$250	$300
06C	NYCHC § 81.07(f)	Critical	Condiments for self service not properly dispensed		$200	$200	$250	$300
6C	NYCHC § 81.07(i)	Critical	Supplies and equipment under or near source of contamination		$200	$200	$250	$300
6C	NYCHC § 81.46(a)	Critical	Beverage dispensing equipment not protecting from potential contamination from customer's reusable, refillable container		$200	$200	$250	$300
06D	NYCHC § 81.27(b)	Critical	Food contact surface not washed, rinsed and sanitized when required		$200	$200	$250	$300
06E	NYCHC § 81.07(h)	Critical	In-use food dispensing utensil not properly stored		$200	$200	$250	$300
06E	NYCHC § 81.07(g)	Critical	Ice not properly dispensed		S200	$200	$250	$300
06E	NYCHC § 81.07(h)	Critical	Food dispensing utensil not provided		$200	$200	$250	$300
06F	NYCHC § 81.27(c)	Critical	Wiping cloth improperly stored and/or sanitized****	$0	$100	$100	$100
06F	SSC § 14-1.112(c)	Critical	No test kit for measuring sanitizing solution concentration		$200	$200	$200
06G	NYCHC § 81.06(b)	Public Health Hazard	No approved HACCP plan; approved HACCP plan not maintained on premises					$400	$600
06H	NYCHC § 81.06(b)(4)	Critical	HACCP records and logs not maintained on site						$350
06I	NYCHC § 81.12(d)(6)	Critical	ROP TCS food not labeled in accordance with the approved HACCP plan					$300	$350
06J	NYCHC § 81.46(a)	Critical	Refillable, reusable beverage container filled with TCS foods.		$200	$200	$250	$300
07A	NYCHC § 3.15(a)	Critical	Obstruction of Department personnel						$1,000
08A	NYCHC § 81.23(a)	Critical	Harborage or conditions conducive to pests with pests, signs of pests				$200	$200
08A	NYCHC § 81.23(b)(3)	General	Door openings into the establishment from the outside not properly equipped when pests or signs of pests present				$200	$200
08B	NYCHC § 81.24(a)	General	Garbage receptacles not pest or water resistant; not covered with tight-fitted lids***	$0	$100
08B	NYCHC § 81.24(c)	General	Garbage receptacles and covers not cleaned after emptying and prior to reuse***	$0	$100
08C	NYCHC § 81.23(d)	General	Pesticides not properly labeled, not authorized for use, or used		$200	$200	$200	$200	$200
08C	NYCHC § 81.23(d)(4)	General	Open bait station used		$200	$200	$200	$200	$200
08C	NYCHC § 81.17(g)	General	Toxic materials not properly stored		$200	$200	$200	$200	$200
09A	NYCHC § 81.07(b)	General	Dented food cans not segregated from intact packages*****	$0	$100	$100	$100	$100
09B	NYCHC § 81.09(f)	General	Thawing procedures improper		$200	$200	$200	$200
09C	NYCHC § 81.17(d)(1)	General	Food contact surface improperly constructed and maintained; not easily cleanable***	$0	$100	$100	$100	$100
09C	NYCHC § 81.07(m)	General	Tank holding edible live fish, other aquatic animals not clean, free of debris, algae		$200	$200	$200	$200
09D	NYCHC § 81.17(a)(2)	General	Food processed, prepared, packed, or stored in a private home or apartment, or food service establishment rooms used as sleeping or living quarters		$200	$200	$200	$200
09E	NYCHC § 81.21(c)	General	Wash hands sign not posted		$200
10A	NYCHC § 81.22(c)	General	Toilet facility not properly maintained		$200	$200	$200	$200
10A	NYCHC § 81.22(c)	General	Toilet facility not properly supplied		$200	$200	$200	$200
10A	SSC § 14-1.142(a)	General	Toilet room not completely enclosed with self-closing door		$200	$200	$200	$200
10B	NYCHC § 81.20(a)	General	Potable water not protected from back-flow, back-siphonage or cross-connection***	$0	$100	$100	$100	$100	$100
10B	NYCHC § 81.20(b)	General	Improper disposal of sewage or liquid waste***	$0	$100	$100	$100	$100	$100
10C	NYCHC § 81.19(a)	General	Lighting insufficient; inadequate***	$0	$100	$100	$100	$100
10D	NYCHC § 81.19(c)	General	Ventilation (mechanical or natural) not provided or inadequate		$200	$200	$200	$200
10E	NYCHC § 81.18(a)(3)	General	Accurate thermometers not provided or not properly located in cold storage and/or refrigerator unit		$200	$200	$200	$200
10E	NYCHC § 81.18(b)(1)	General	Accurate thermometers not provided or not properly located in hot storage or holding unit		$200	$200	$200	$200
10F	NYCHC § 81.17(e)(1)	General	Flooring: unacceptable material used, not maintained or not clean***	$0	$100	$100	$100	$100
10F	NYCHC 81.17(e)(2)	General	Non-food contact surfaces (wall, ceiling): unacceptable materials used: not maintained or not clean***	$0	$100	$100	$100	$100
10F	NYCHC § 81.17(e)(3)	General	Non-food contact surface (equipment, fixtures, decorative material, fans, etc.) not clean or not in working order***	$0	$100	$100	$100	$100
10G	NYCHC § 81.29(a)	General	Hot water manual ware washing inadequate		$200	$200	$200	$200
10G	NYCHC § 81.29(a)	General	Manual chemical sanitizing procedure inadequate		$200	$200	$200	$200
10G	NYCHC § 81.29(b)(1)	General	High temperature mechanical ware washing inadequate		$200	$200	$200	$200
10G	NYCHC § 81.29(b)(2)	General	Mechanical chemical sanitizing procedure inadequate		$200	$200	$200	$200
10G	NYCHC § 81.29(a)(3)(B)	General	Test kit not accurate or used for manual dishwashing		$200	$200	$200	$200
10G	NYCHC § 81.29(b)(2)	General	Test kit not accurate or used for mechanical dishwashing		$200	$200	$200	$200
10H	NYCHC § 81.07(o)	General	Single service items improperly stored or reused		$200	$200	$200	$200
10H	NYCHC § 81.07(o)	General	Drinking straws improperly dispensed		$200	$200	$200	$200

UNSCORED VIOLATIONS
Violation Code	Citation	Violation Description	Cure Accepted or $0 Penalty First-Time Violations	Appearance Penalty*	Default Penalty
15-01	NYSPHL § 1399-o	Smoking or electronic cigarette use allowed in prohibited area		$1,000	$2,000
15-05	Admin. Code § 17-177(b)	Tobacco vending machine in public place other than tavern		$300 (1st violation); $500 (2nd violation); $1,000 (3rd and subsequent violations)	Same as appearance penalties
15-06	Admin. Code § 17-177(c)(1)	Tobacco vending machine less than 25 feet from tavern entry		$300 (1st violation); $500 (2nd violation); $1,000 (3rd and subsequent violations)	Same as appearance penalties
15-07	Admin. Code § 17-177(c)(1)	Tobacco vending machine not directly visible to premises owner		$300 (1st violation); $500 (2nd violation); $1,000 (3rd and subsequent violations)	Same as appearance penalties
15-08	Admin. Code § 17-177(d)	Tobacco vending machine sign not durable or lacks required information		$300 (1st violation); $500 (2nd violation); $1,000 (3rd and subsequent violations)	Same as appearance penalties
15-09	Admin. Code § 17-177(d)	Sign not posted on tobacco vending machine or not visible to the public		$300 (1st violation); $500 (2nd violation); $1,000 (3rd and subsequent violations)	Same as appearance penalties
15-13	Admin. Code § 17-176(b)	Tobacco products distributed at less than basic cost		$500 (1st violation); $1,000 (2nd and subsequent violations)	Same as appearance penalties
15-14	Admin. Code § 17-176.1(b)	Selling discounted cigarettes		$1,000 (1st violation); $2,000 (2nd violation in 5 years); $5,000 (3rd and subsequent violations in 5 years)	Same as appearance penalties
15-15	Admin. Code § 17-176.1(c)	Selling discounted tobacco products		$1,000 (1st violation); $2,000 (2nd violation in 5 years); $5,000 (3rd and subsequent violations in 5 years)	Same as appearance penalties
15-16	Admin. Code § 17-176.1(d)	Selling cigarettes, other tobacco products, non-tobacco shisha below the price floor		$1,000 (1st violation); $2,000 (2nd violation in 5 years); $5,000 (3rd and subsequent violation in 5 years)	Same as appearance penalties
15-17	NYSPHL § 1399-cc(2)	Sale of tobacco products, herbal cigarettes, liquid nicotine, shisha, electronic cigarettes to underage individual		$1,500 (1st violation); $2,500 (2nd and subsequent violations)	Same as appearance penalties
15-17	NYSPHL § 1399-cc(2)	Failure to conspicuously post the required tobacco sign		$1,500 (1st violation); $2,500 (2nd and subsequent violations)	Same as appearance penalties
15-17	NYSPHL § 1399-cc(3)	Failure to obtain proper identification from purchaser		$1,500 (1st violation); $2,500 (2nd and subsequent violations)	Same as appearance penalties
15-17	NYSPHL § 1399-cc(5)	Improper use of electronic transaction information		$1,000 (1st violation); $1,000 (2nd and subsequent violations)	Same as appearance penalties
15-17	NYSPHL § 1399-cc(7)	Failure to store tobacco products, herbal cigarettes behind a counter accessible only to store personnel or in a locked container		$1,500 (1st violation); $2,500 (2nd and subsequent violations)	Same as appearance penalties
15-17	NYSPHL § 1399-dd	Unlawful sale of tobacco products, herbal cigarettes, or electronic cigarettes in vending machines		$1,500 (1st violation); $2,500 (2nd and subsequent violations)	Same as appearance penalties
15-17	NYSPHL § 1399-ee(2)	Sale of tobacco products with a suspended or revoked retail dealer registration		$2,500	Same as appearance penalties
15-17	NYSPHL § 1399-dd-1	Public display of tobacco product or electronic cigarette advertisements, or smoking paraphernalia, within 500 feet of a school		$500 (1st violation); $1,000 (2nd and subsequent violations)	Same as appearance penalties
15-17	NYSPHL § 1399-gg	Unlawful out-of-package sales or minimum package size violation		$1,000 (1st violation); $1,500 (2nd and subsequent violations)	Same as appearance penalties
15-17	NYSPHL § 1399-ll	Unlawful sale of bidis		$500	Same as appearance penalties
15-17	NYSPHL § 1399-mm	Unlawful sale of gutka		$500	Same as appearance penalties
15-21	Admin. Code § 17-715	Flavored tobacco products sold, offered for sale		$1,000 (1st violation; $2,000 (2nd violation in 36 months); $5,000 (3rd and subsequent violations in 36 months)	Same as appearance penalties
15-22	24 RCNY § 28-06	No original labels of tobacco and non-tobacco smoking products currently sold, offered for sale		$1,000	Same as appearance penalty
15-26	24 RCNY § 10-11(b)	"No smoking" sign not posted at hotel entrance or elevators where ashtrays are placed		$500	$1,000
15-27	24 RCNY § 10-12(a)	Required signage not conspicuously posted.		$1,000	Same as appearance penalty
15-28	24 RCNY § 10-12(c)	Non-compliant signage		$500	$1,000
15-29	24 RCNY § 10-12(c)(iv)(D)	Smoking or electronic cigarette use signage lacks required warning		$1,000	Same as appearance penalty
15-30	24 RCNY § 10-20(a)	Hookah equipment in Non-tobacco Hookah Establishment (NTHE) not cleaned, sanitized		$1,000	Same as appearance penalty
15-31	24 RCNY § 10-20(b)	New individually wrapped mouthpiece not provided to each NTHE hookah patron		$1,000	Same as appearance penalty
15-32	24 RCNY § 10-21(d)	Warning sign re dangers of hookah smoking not posted at street entrance to NTHE		$1,000	Same as appearance penalty
15-33	24 RCNY § 10-21(e)	Warning sign re: dangers of hookah smoking not posted in each room or area of NTHE where smoking is allowed		$1,000	Same as appearance penalty
15-34	24 RCNY § 13-04(a)	Retail dealer tobacco, non-tobacco age restriction signage not conspicuously posted		$500	$1,000
15-35	24 RCNY § 13-04(a)	Retail dealer tobacco, non-tobacco age restriction signage non-compliant		$500	$1,000
15-35	24 RCNY § 13-04(b)	Retail dealer cigarette tax stamp sign not posted conspicuously		$1,000	Same as appearance penalty
15-35	24 RCNY § 13-04(b)	Retail dealer cigarette tax stamp signage non-compliant		$1,000	Same as appearance penalty
15-36	24 RCNY § 10-21(g)	Sign prohibiting entry of persons under 21 not posted at public entrance(s) to NTHE		$1,000	Same as appearance penalty
15-37	Admin. Code § 17-504(f)	Workplace SFAA policy not prominently posted in workplace****	$0	$50 (1st violation); $100 (2nd violation) $150 (3rd and subsequent violations in 12 months)	Same as appearance penalty
15-38	Admin. Code § 17-506(b)	Screen shot prohibiting smoking, electronic cigarette use not shown in motion picture theatre		$400 (1st violation); $500 (2nd violation in 12 months); $1,000 (3rd and subsequent violations in 12 months)	Same as appearance penalty
15-39	Admin. Code § 17-506(d)	Ashtray in smoke-free area		$400 (1st violation); $500 (2nd violation in 12 months); $1,000 (3rd and subsequent violations in 12 months)	Same as appearance penalty
15-40	Admin. Code § 17-506.1(b)(1)	Initial multiple dwelling smoking policy not distributed to tenants or posted by owner		$100	Same as appearance penalty
15-41	Admin. Code § 17-506.1(b)(7)	Multiple dwelling smoking policy not distributed to tenants or posted annually by owner		$100	Same as appearance penalty
15-42	Admin. Code § 17-508(b)	Failure to make a good faith effort to inform smokers or electronic cigarette users of Smoke-Free Air Act prohibitions		$400 (1st violation); $500 (2nd violation in 12 months); $1,000 (3rd and subsequent violations in 12 months)	Same as appearance penalty
15-48	Admin. Code § 17-703.1	Cigarette tax stamp sign not posted		**$500	Same as appearance penalties
15-49	Admin. Code § 17-703.2	Sale of cigarette package without tax stamp		**$2,000 (1st violation); $5,000 (2nd and subsequent violations in 3 years)	Same as appearance penalties
15-50	Admin. Code § 17-704	Cigarettes, tobacco products sold in packages without health warning or not in minimum quantities		$1,000 (1st violation), $2,000 (2nd and subsequent violations in 3 years	Same as appearance penalties
15-51	Admin. Code § 17-704(a)	Out of package sale of tobacco product(s)		**$1,000 (1st violation), $2,000 (2nd and subsequent violations in 3 years)	Same as appearance penalties
15-52	Admin. Code § 17-176.1(f)	Cigars sold or offered for sale for less than the cigar price floor		$1,000 (1st violation), $2,000 (2nd and subsequent violations in 3 years)	Same as appearance penalties
15-53	Admin. Code § 17-704.1	Unlawful delivery of cigarettes, tobacco products or electronic cigarettes		**$1,000 (1st violation), $2,000 (2nd and subsequent violations in 3 years	Same as appearance penalties
15-54	Admin. Code § 17-705	Employee under 18 years of age selling tobacco products without direct supervision of an adult retailer		**$1,000(1st violation); $2,000 (2nd and subsequent violations in 36 months)	Same as appearance penalties
15-55	Admin. Code § 17-706(a)	Sale of cigarettes, tobacco products, liquid nicotine to persons under 21 years of age		**$1,000 (1st); $2,000 (2nd or subsequent in 36 months)	Same as appearance penalties
15-55	Admin. Code § 17-706(a)	Sale of cigarettes, tobacco products, liquid nicotine, electronic cigarettes, or non-tobacco smoking products to persons under 21 years of age		**$1,000(1st violation); $2,000 (2nd and subsequent violations in 36 months)	Same as appearance penalties
15-55	Admin. Code § 17-706(a-1)	Sale of electronic cigarettes to persons under 21 years of age		$1,000 (1st violation); $2,000 (2nd and subsequent in 36 months)	Same as appearance penalties
15-55	Admin. Code § 17-706(b)	Sale of non-tobacco smoking products to persons under 21 years of age		**$1,000 (1st violation); $2,000 (2nd and subsequent violations in 36 months)	Same as appearance penalties
15-56	Admin. Code § 17-719(a)	Person under 21 years of age allowed entry to non-tobacco hookah establishment		$200 (1st violation); $500 (2nd and subsequent violations	Same as appearance penalties
16-01	NYCHC § 81.08(a)	Cooking oil, shortening or margarine contains 0.5 grams or more of artificial trans fat		$200	$400
16-02	NYCHC § 81.08(c)	Nutritional fact labels and/or ingredient label is not maintained on site***	$0	$100	$200
16-03	NYCHC § 81.50(c)	Calorie information is not posted on menu and menu board		$200	$400
16-03	NYCHC § 81.50(c)	Total number of calories or total number of discrete calories not posted		$200	$400
16-03	NYCHC § 81.50(c)	Calorie information not posted for standard menu items offered in different varieties		$200	$400
16-03	NYCHC § 81.50(c)	Calorie information not posted for combination meals		$200	$400
16-03	NYCHC § 81.50(c)	Calorie information not posted for toppings		$200	$400
16-03	NYCHC § 81.50(c)	Calorie information font, appearance, term used improper		$200	$400
16-03	NYCHC § 81.50(c)	Calorie information improperly posted for standard menu items offered in three or more combinations		$200	$400
16-03	NYCHC § 81.50(c)	Calorie information for standard menu item offered in two different combinations not posted with a slash between both calorie counts		$200	$400
16-03	NYCHC § 81.50(c)	Calorie information for standard menu items that come in two different varieties not posted with a slash between both calorie counts		$200	$400
16-03	NYCHC § 81.50(c)	Calorie information improperly posted for standard menu items offered in three or more different varieties		$200	$400
16-04	NYCHC § 81.50(d)	Required succinct nutritional statements not posted on menu(s) for adults and children		$200	$400
16-06	NYCHC § 81.50(e)	Additional nutritional information statement not posted		$200	$400
16-06	NYCHC § 81.50(e)	Written nutritional information not provided in a manner required by federal law		$200	$400
16-08	NYCHC § 81.49(b)(1)	No sodium warning icon where required		$200	$400
16-09	NYCHC § 81.49(b)(1)	Sodium warning icon non-compliant with design specifications		$200	$400
16-10	NYCHC § 81.49(b)(2)	No sodium warning statement at point of purchase		$200	$400
16-11	Admin. Code § 17-199.11(b)	Prohibited drink listed on children's meal menu***	$0	$100	Same as appearance penalty
17-01	24 RCNY § 32-03	"Dogs allowed" sign not posted at or near entrance		$200	$200
17-03	24 RCNY § 32-04(c)	Effective barrier not provided		$250	$500
18-01	NYCHC § 81.05(a)	No current valid permit, registration, other authorization to operate establishment		$1,000	$2,000
18-02	NYCHC § 88.05(c)	No current valid permit to operate temporary food service establishment		$1,000	$2,000
18-08	NYCHC § 5.15	Permit not conspicuously displayed		$200	$400
18-10	NYCHC § 88.05(a)	Failure of temporary event sponsor to exclude vendor without current valid permit		$500	$1,000
18-11	NYCHC § 81.15(b)	Food protection certificate not available for inspection		$200	$400
18-12	NYCHC § 3.19	Department document unlawfully reproduced or altered		$1,000	$2,000
18-12	NYCHC § 3.19	Submitting false, misleading statements, documents; documents unlawfully reproduced or altered		$1,000	$2,000
18-13	NYCHC § 3.05(a)	Failure to comply with an Order of the Board of Health, Commissioner or Department		$1,000	$2,000
18-14	NYCHC § 3.17	Notice, Order or other posted material of the Department mutilated, obstructed, or removed		$1,000	$2,000
18-15	NYCHC § 81.43(a)	Foodborne illness; failure to notify department		$200	$400
18-25	NYCHC § 81.05(h)	Operator of shared kitchen allows unpermitted user		$500	$1,000
18-25	NYCHC § 88.05(b)	Temporary event sponsor failed to provide list of all participating establishments at least 30 days before event		$500	$1,000
19-01	16 RCNY § 1-11(c)(2)	Organics mixed with non-organics materials		$250 (1st violation); $500 (2nd violation in 12 months); $1,000 (3rd and subsequent violations in 12 months)	Same as appearance penalties
19-02	16 RCNY § 1-11(c)(1)	Organics containers not labeled		$250 (1st violation); $500 (2nd violation in 12 months); $1,000 (3rd and subsequent violations in 12 months)	Same as appearance penalties
19-03	16 RCNY § 1-11(d)(2)	Failure to post sign in organics collection areas		$250 (1st violation); $500 (2nd violation in 12 months); $1,000 (3rd and subsequent violations in 12 months)	Same as appearance penalties
19-04	Admin. Code § 16-329(c)	Possess, sell expanded polystyrene single service articles		$100 (1st violation); $250 (2nd violation) $500 (3rd and subsequent violations in 12 months)	Same as appearance penalties
19-05	Admin. Code § 16-401(b)	Providing single-use plastic stirrers or single-use plastic splash sticks		$100 (1st violation); $200 (2nd violation) $400 (3rd and subsequent violations in 12 months)	Same as appearance penalty
19-05	Admin. Code § 16-401(c)(1)	Providing single-use, non-compostable plastic straws to customers without customer request (including providing such straws at a self-serve station)		$100 (1st violation); $200 (2nd violation) $400 (3rd and subsequent violations in 12 months)	Same as appearance penalty
19-07	Admin. Code § 16-401(c)(2)	Failure to maintain a sufficient supply of single-use, non-compostable plastic straws		$100 (1st violation); $200 (2nd violation) $400 (3rd and subsequent violations in 12 months)	Same as appearance penalty
19-08	Admin. Code § 16-401(c)(2)	Failure to provide a single-use, non-compostable plastic straw upon request		$100 (1st violation); $200 (2nd violation) $400 (3rd and subsequent violations in 12 months)	Same as appearance penalty
19-09	Admin. Code § 16-401(c)(2)	Charging a customer for a single-use, non-compostable plastic straw that the customer has requested or inquiring as to the reason a customer has requested such plastic straw		$100 (1st violation); $200 (2nd violation) $400 (3rd and subsequent violations in 12 months)	Same as appearance penalty
19-10	Admin. Code § 16-401(c)(3)	Failure to display required signage about plastic straw availability		$100 (1st violation); $200 (2nd violation) $400 (3rd and subsequent violations in 12 months)	Same as appearance penalty
19-11	Admin. Code § 16-401(d)	Providing compostable plastic straws to be used outside of the food establishment's premises; failure to appropriately dispose of compostable plastic straws; failure to maintain required bins for disposal of compostable plastic straws		$100 (1st violation); $200 (2nd violation) $400 (3rd and subsequent violations in 12 months)	Same as appearance penalty
20-01	24 RCNY § 27-03(c)	Allergy poster not posted or not in correct location		$100	$100
20-02	24 RCNY § 27-03(b)	Allergy poster not in language(s) understood by all food workers		$100	$100
20-03	24 RCNY § 27-03(b)	Allergy poster not approved by the Department		$100	$100
20-04	Admin. Code § 17-173(2)(b)	Alcohol use during pregnancy sign not posted***	$0	$100	$100
20-04	24 RCNY § 18-04	Resuscitation equipment required notice to patrons not posted		$200	$400
20-04	24 RCNY § 18-02	Resuscitation equipment not available		$200	$400
20-05	24 RCNY § 23-07(f)	Current letter grade or "Grade Pending" card not conspicuously posted or visible to passersby		$500	$1,000
20-06	24 RCNY § 23-07	Current letter grade or Grade Pending card not posted		$500	$1,000
20-06	24 RCNY § 23-06(d)	Grade card not posted after reopening when FSE ordered closed by BFSCS		$500	$1,000
20-07	24 RCNY § 23-07	Grade card removed, destroyed, modified, obscured or otherwise tampered with		$1,000	$2,000
20-08	Admin. Code § 17-1507(a)	Failure to post or conspicuously post healthy eating information***	$0	$100	$200
26-04	NYCHC § 89.27(b)	Required records incomplete or not maintained by commissary		$200	$400
28-01	NYCHC § 3.07	Failure to take reasonable precautions to protect health and safety, e.g., by not securing CO 2 or liquefied petroleum gas (LPG) containers		$1,000	$2,000
28-01	NYCHC § 3.09	Failure to abate or remediate nuisance		$1,000	$2,000
28-01	NYCHC §131.07(c)(2)	Insufficient heat in commercial premises		$300	$600
28-02	NYCHC § 81.07(p)	Microwave safe container not marked or used		$200	$400
28-03	NYCHC § 81.19(b)	Light fixtures not shielded, shatterproofed, or otherwise protected from accidental breakage		$200	$400
28-04	NYCHC § 81.12(g)	Equipment used for ROP not approved by the Department		$200	$400
28-05	NYCHC § 71.05	Adulterated or misbranded food possessed, manufactured, produced, packed, sold, offered for sale, delivered or given away		$500	$1,000
28-05	NYCHC § 71.06	Labeling required by applicable law not maintained in English		$500	$1,000
28-06	NYCHC § 81.23(b)(2)	Contract with pest management professional, record of pest exterminations, activities not kept on premises		$100	$100
28-07	NYCHC § 81.31	Unauthorized FSE street, sidewalk cooking		$350	$700
28-09	NYCHC § 88.15	No, or insufficient toilets, sinks provided by temporary event sponsor		$500	$1,000
28-10	NYCHC § 88.19	No, insufficient refuse, trash containers; temporary event area not maintained by sponsor		$500	$1,000
* An appearance penalty is imposed if a respondent appears at a hearing. A respondent appears at a hearing if the respondent physically attends a hearing; attends a hearing remotely by telephone or via the internet; or pleads in violation in accepting a settlement offer.
** Repeat violation penalties for tobacco and non-tobacco smoking and sales. In accordance with Administrative Code § 17-710(a)(5), violations of §§ 17-703, 17-703.2, 17-704(a), 17-704.1(a), 17-705 and 17-706(a) and (b) of the Administrative Code must be included In determining the number of sustained repeat violations committed by a tobacco product license holder and subsequent license holder at a place of business unless the subsequent license holder submits documentation of an arm's length transaction in acquiring the business. A violation is considered sustained if the respondent (i) pleads in violation or guilty; (ii) is found in violation or guilty by a decision of a hearing officer as a result of an appearance or if found in default; or (iii) enters into a settlement agreement.
*** First-time violation subject to cure. First-time violation where a monetary penalty is waived because proof of correction has been accepted. See 24 RCNY § 23-09.
**** First-time violation subject to cure with a 30-day cure period. See, Administrative Code § 17-504.
***** First-time violation subject to a $0 penalty.
The penalties listed in this Appendix for violations of 24 RCNY Health Code §§ 3.05(a), 3.07, 3.09, 3.15, 3.17 and 3.19 shall apply to any notice of violation or civil summons issued by the Department citing these provisions, regardless of whether the respondent is operating a food service establishment.

(Amended City Record 7/9/2015, eff. 8/8/2015; amended City Record 9/2/2021, eff. 10/2/2021; amended City Record 2/3/2023, eff. 3/5/2023)