letter grading new york city health code amendment §81.51 rules of the city of new york amendment...

Letter Letter GradingGrading

New York City Health Code New York City Health Code AmendmentAmendment

§81.51§81.51

Rules of the City of New York Rules of the City of New York AmendmentAmendment

Chapter 23 of Title 24Chapter 23 of Title 24

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Goals of New York CityGoals of New York CityLetter GradingLetter Grading Give consumers easier access to Give consumers easier access to

information about sanitary information about sanitary conditions in restaurantsconditions in restaurants

Improve restaurants’ food Improve restaurants’ food preparation practices preparation practices

Reduce restaurant-attributable Reduce restaurant-attributable food-borne illness food-borne illness

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NYC Hospital Discharges NYC Hospital Discharges for Food Poisoning for Food Poisoning Attributable to Dining Attributable to Dining Out* Out*

6000

6500

7000

7500

8000

2000 2001 2002 2003 2004 2005 2006 2007 2008

* All diagnosis. Based on Mead et al. proportion typically due to foodborne disease transmission, by pathogen, and US CDC Foodborne Illness Outbreak Investigation Findings. Source: NYS SPARCS

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Statement of Basis Statement of Basis and Purposeand PurposeOne in four New York City One in four New York City

restaurants requires re-inspection restaurants requires re-inspection due to the number or severity of due to the number or severity of health code violations. health code violations.

The re-inspection rate has The re-inspection rate has fluctuated between about 20% fluctuated between about 20% and 30% since 2005. and 30% since 2005.

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Statement of Basis Statement of Basis and Purposeand PurposeEvidence suggests that Evidence suggests that

mandatory grade posting mandatory grade posting significantly improves food safety significantly improves food safety in restaurants.in restaurants.

Just 40% of restaurants in L.A. Just 40% of restaurants in L.A. scored an A in 1998. By 2002, scored an A in 1998. By 2002, 82% received A grades.82% received A grades.

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Grade Posting Helps Grade Posting Helps Improve Restaurants’ Improve Restaurants’ Sanitary PracticesSanitary Practices

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Establishments Establishments Subject to Letter Subject to Letter Grading in NYCGrading in NYCRestaurantsRestaurantsCoffee shopsCoffee shopsBarsBarsNightclubsNightclubsMost cafeteriasMost cafeteriasFixed-site food standsFixed-site food stands

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Establishments Establishments NotNot Subject to GradingSubject to Grading Mobile food vending unitsMobile food vending units Temporary food service establishmentsTemporary food service establishments Food service establishments operated by Food service establishments operated by

primary or secondary schoolsprimary or secondary schools Hospital-operated cafeteriasHospital-operated cafeterias Correctional facilitiesCorrectional facilities Charitable organizations (including soup Charitable organizations (including soup

kitchens or other prepared food kitchens or other prepared food distribution programs)distribution programs)

Food service establishments that are not-Food service establishments that are not-for-profit membership organizations that for-profit membership organizations that operate and serve food only to their operate and serve food only to their membersmembers

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Inspection Inspection Terminology (§23-Terminology (§23-01)01) Inspection Cycle.Inspection Cycle. A series of inspections A series of inspections

consisting of an Initial Inspection and, in some consisting of an Initial Inspection and, in some cases, a Re-inspection and periodic Compliance cases, a Re-inspection and periodic Compliance Inspections to ensure that violations have been Inspections to ensure that violations have been corrected.corrected.

Initial Inspection.Initial Inspection. The first sanitary inspection The first sanitary inspection within an Inspection Cycle.within an Inspection Cycle.

Re-inspection.Re-inspection. A sanitary inspection conducted A sanitary inspection conducted for the purpose of grading following a score of 14 or for the purpose of grading following a score of 14 or more points on an Initial Inspection.more points on an Initial Inspection.

Compliance Inspection.Compliance Inspection. An un-graded An un-graded inspection following a score of inspection following a score of ≥28 points on a Re-≥28 points on a Re-inspectioninspection or prior Compliance Inspection to ensure or prior Compliance Inspection to ensure that health code violations have been corrected. that health code violations have been corrected.

What Grades Mean, and What Grades Mean, and When They Are IssuedWhen They Are Issued

A = 13 points or less onA = 13 points or less on an Initial or Re-inspection an Initial or Re-inspection

B = 14 – 27 points on aB = 14 – 27 points on a Re-inspectionRe-inspection

C = 28 points or more onC = 28 points or more on a Re-inspectiona Re-inspection

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What Grades Mean, What Grades Mean, and When They Are and When They Are IssuedIssued

Two types of Two types of Pre-permit InspectionsPre-permit Inspections:: Those conducted Those conducted beforebefore a restaurant is operating a restaurant is operating Those conducted Those conducted afterafter a restaurant is operating a restaurant is operating

The Department does The Department does notnot grade restaurants grade restaurants for Pre-permit inspections conducted before for Pre-permit inspections conducted before they open, but they open, but doesdoes grade those that are grade those that are operating during their Pre-permit Inspections. operating during their Pre-permit Inspections.

An establishment that passes its Pre-permit An establishment that passes its Pre-permit Inspection before opening for business will be Inspection before opening for business will be graded on its first Initial Inspection or Re-graded on its first Initial Inspection or Re-inspection. inspection.

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Posting Letter GradesPosting Letter Grades

An establishment that receives a 0 to 13 An establishment that receives a 0 to 13 points on an Initial or Re-inspection will points on an Initial or Re-inspection will receive and immediately post a grade receive and immediately post a grade card displaying the letter grade card displaying the letter grade AA..

An establishment that receives a score of An establishment that receives a score of 14 or more points on an Initial Inspection, 14 or more points on an Initial Inspection, and is not closed, will continue to display and is not closed, will continue to display its current grade card until its Re-its current grade card until its Re-inspection. inspection.

If the establishment does not have a If the establishment does not have a grade card, it will remain un-graded until grade card, it will remain un-graded until its Re-inspection. its Re-inspection.

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If an establishment receives 14 or more If an establishment receives 14 or more points on Re-inspection:points on Re-inspection: The Health Department will provide a grade The Health Department will provide a grade

card displaying the letter grade that card displaying the letter grade that corresponds with its inspection score. The corresponds with its inspection score. The agency will also provide a card that says agency will also provide a card that says Grade Pending.Grade Pending.

The establishment must immediatelyThe establishment must immediately postpost eithereither the grade card or the Grade Pending the grade card or the Grade Pending card. card.

If the establishment posts the Grade Pending If the establishment posts the Grade Pending card, it may do so only until it has had an card, it may do so only until it has had an opportunity to be heard at the department’s opportunity to be heard at the department’s Administrative Tribunal.Administrative Tribunal.

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If the Administrative Tribunal If the Administrative Tribunal does not change the grade, then does not change the grade, then the establishment must the establishment must immediately remove any Grade immediately remove any Grade Pending card and post the grade Pending card and post the grade card issued duringcard issued during the Re-the Re-inspection.inspection.

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If an establishment does not appear If an establishment does not appear at the Administrative Tribunal on or at the Administrative Tribunal on or before the scheduled hearing date, before the scheduled hearing date, and has not requested or received and has not requested or received an adjournment, the establishment an adjournment, the establishment must post the letter grade card it must post the letter grade card it received at its Re-inspection on the received at its Re-inspection on the date of the hearing.date of the hearing.

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If the Tribunal grants an adjournment, If the Tribunal grants an adjournment, the establishment can continue to the establishment can continue to display its Grade Pending card until display its Grade Pending card until the adjourned hearing date. the adjourned hearing date.

If an establishment misses its If an establishment misses its adjourned hearing date, it must post adjourned hearing date, it must post its assigned grade after the its assigned grade after the adjourned hearing date passes.adjourned hearing date passes.

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If the Administrative Tribunal If the Administrative Tribunal removes enough violation points to removes enough violation points to change a restaurant’s letter grade, change a restaurant’s letter grade, the Health Department will issue a the Health Department will issue a new letter grade card. The new letter grade card. The establishment must promptly establishment must promptly replace its Grade Pending or replace its Grade Pending or previously assigned grade card with previously assigned grade card with the revised grade card.the revised grade card.

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Grade cards must be posted:Grade cards must be posted: In a conspicuous place on the In a conspicuous place on the

establishment’s front window, door or establishment’s front window, door or exterior wall exterior wall

Within 5 feet of the front door or other direct Within 5 feet of the front door or other direct entrance from the streetentrance from the street

4 to 6 feet from the ground or floor4 to 6 feet from the ground or floor An establishment without a direct entrance from An establishment without a direct entrance from

the street must post the grade or Grade Pending the street must post the grade or Grade Pending card near its point of entry, where it is clearly card near its point of entry, where it is clearly visible to passersby. The Public Health Sanitarian visible to passersby. The Public Health Sanitarian will help identify an acceptable place.will help identify an acceptable place.

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Inspection IntervalsInspection Intervals

The interval between Inspection Cycles The interval between Inspection Cycles depends on the restaurant’s sanitary score depends on the restaurant’s sanitary score on its Initialon its Initial oror Re-inspection. Restaurants Re-inspection. Restaurants that perform well are inspected less often that perform well are inspected less often than those that perform poorly.than those that perform poorly. 0-13 points 0-13 points about a year about a year 14-27 points 14-27 points 150 to 210 days after Re- 150 to 210 days after Re-

inspectioninspection 28 or more points 28 or more points 90 to 150 days after an 90 to 150 days after an

Inspection Cycle endsInspection Cycle ends

2020

Frequently Asked Frequently Asked QuestionsQuestions

A Review of Grading Rules

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Has letter grading Has letter grading changed the inspection changed the inspection process?process?

No. The Health Department has No. The Health Department has not changed the way it conducts not changed the way it conducts sanitary inspections.sanitary inspections.

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Has the scoring Has the scoring system changed? system changed? Yes. The Health Department has Yes. The Health Department has

adjusted some violation scores adjusted some violation scores and condition levels. For details, and condition levels. For details, visit nyc.gov/health or consult visit nyc.gov/health or consult these publications:these publications:Food Service Establishment Self Food Service Establishment Self

Inspection WorksheetInspection WorksheetGuide to Condition Levels for Food Guide to Condition Levels for Food

Service Establishments.Service Establishments.

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Which inspections are Which inspections are graded?graded? Initial Inspection.Initial Inspection. An establishment An establishment

scoring 0 to 13 violation points on an scoring 0 to 13 violation points on an Initial Inspection receive an Initial Inspection receive an AA grade. grade. This ends the inspection cycle.This ends the inspection cycle.

Re-inspection.Re-inspection. If a restaurant does not If a restaurant does not score an score an AA on its initial inspection, it will on its initial inspection, it will be re-inspected at least 7 days later. A be re-inspected at least 7 days later. A grade card and a Grade Pending card grade card and a Grade Pending card will be issued after this Re-inspection.will be issued after this Re-inspection.

How do grades How do grades correspond to inspection correspond to inspection scores?scores?

A = 0-13 pointsA = 0-13 points

B = 14-27 pointsB = 14-27 points

C = ≥28 pointsC = ≥28 points2424

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When are grade cards When are grade cards issued and when must they issued and when must they be posted?be posted? On Initial InspectionOn Initial Inspection

Only Only AA graded establishments will graded establishments will receive a grade card, which must be receive a grade card, which must be posted immediately. posted immediately.

Re-inspectionRe-inspection A, BA, B or or CC grades may be issued. grades may be issued. AA grades must be posted immediately. grades must be posted immediately. BB or or CC graded establishments will receive graded establishments will receive

a grade card and a Grade Pending card. a grade card and a Grade Pending card. If the establishment contests the If the establishment contests the inspection score, it must post one of the inspection score, it must post one of the two cards until the Tribunal hearing date. two cards until the Tribunal hearing date.

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When are grade cards When are grade cards issued and when must they issued and when must they be posted?be posted? Following a Tribunal HearingFollowing a Tribunal Hearing

If the hearing changes the grade, If the hearing changes the grade, the Tribunal will issue a new card, the Tribunal will issue a new card, which must be posted which must be posted immediatelyimmediately..

If the hearing does not change the If the hearing does not change the grade, the establishment must grade, the establishment must immediately post the grade card immediately post the grade card issued during the Re-inspection.issued during the Re-inspection.

Unless a restaurant requests and Unless a restaurant requests and receives an adjournment, receives an adjournment, postponing its hearing date, it must postponing its hearing date, it must post the grade card issued during post the grade card issued during its Re-inspection on the scheduled its Re-inspection on the scheduled hearing date.hearing date.

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What if the Tribunal mails What if the Tribunal mails its decision to the its decision to the restaurant?restaurant? If the decision results in a new If the decision results in a new

grade, a new grade card will be grade, a new grade card will be mailed with the decision. mailed with the decision.

A restaurant must post the new A restaurant must post the new grade card, or the grade card it grade card, or the grade card it received during its Re-inspection, received during its Re-inspection, immediately after receiving the immediately after receiving the decision.decision.

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What card should the What card should the restaurant post if it settles restaurant post if it settles the Notice of Violation?the Notice of Violation? By settling a Notice of Violation, the By settling a Notice of Violation, the

establishment waives its right to a establishment waives its right to a hearing and admits to the violations hearing and admits to the violations cited. Immediately after settling, the cited. Immediately after settling, the operator must post the grade card operator must post the grade card issued during the Re-inspection.issued during the Re-inspection.

An operator can settle a Notice of An operator can settle a Notice of Violation by mail, in person at the Violation by mail, in person at the Tribunal, or online at Business Express.Tribunal, or online at Business Express.

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How often are How often are restaurants graded?restaurants graded? The interval between inspection cycles The interval between inspection cycles

depends on the sanitary condition of the depends on the sanitary condition of the restaurant:restaurant: 0-13 points 0-13 points about a year about a year 14-27 points 14-27 points 150 to 210 days after the Re- 150 to 210 days after the Re-

inspectioninspection 28 or more points 28 or more points 90 to 150 days after the 90 to 150 days after the

inspection cycle endsinspection cycle ends An inspection cycle ends when a restaurant scores An inspection cycle ends when a restaurant scores

less than 28 points. less than 28 points. The Health Department will inspect a restaurant The Health Department will inspect a restaurant

about every 30 days until it scores less than 28 about every 30 days until it scores less than 28 points or is closed.points or is closed.

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How can restaurants How can restaurants practice A-grade food practice A-grade food safety?safety?

Always have a Food Always have a Food Protection Certificate holder Protection Certificate holder supervising food workers.supervising food workers.

Train all food workers in food Train all food workers in food safety. safety.

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Food Protection Food Protection CourseCourseThe Food Protection Course is The Food Protection Course is

available in person in Spanish, available in person in Spanish, Chinese Korean and English; and Chinese Korean and English; and online in Spanish, Chinese and in Spanish, Chinese and English.English.

The more employees who take and The more employees who take and pass the course, the better a pass the course, the better a restaurant will do on its inspections.restaurant will do on its inspections.

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For More InformationFor More Information

The Health Academy:The Health Academy:East Harlem Multi-Service Center East Harlem Multi-Service Center Second FloorSecond Floor413 East 120 Street413 East 120 StreetNew York, NY 10035New York, NY 10035917-492-6990917-492-6990

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Quality Improvement Food Quality Improvement Food Protection Certificate Protection Certificate CourseCourse Teaches food service operators active Teaches food service operators active

managerial control. managerial control. Two mornings and an opportunity to Two mornings and an opportunity to

develop your active managerial control develop your active managerial control plan.plan.

Learn the tools that you need to manage Learn the tools that you need to manage your establishment so that you are in your establishment so that you are in compliance with the health codes.compliance with the health codes.

The Health Academy:The Health Academy:East Harlem Multi-Service Center, 2nd FloorEast Harlem Multi-Service Center, 2nd Floor413 East 120 Street413 East 120 StreetNew York, NY 10035New York, NY 10035917 492 6990917 492 6990

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How can restaurants How can restaurants practice A-grade food practice A-grade food safety?safety?

Use the Self-Use the Self- Inspection Inspection Worksheet, Worksheet, similarsimilar to that used by to that used by inspectors, to inspectors, to conduct weekly conduct weekly self-inspections self-inspections and uncover and uncover areasareas in need of in need of improvement.improvement.

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How can restaurants How can restaurants practice A-grade food practice A-grade food safety?safety? Review the Guide Review the Guide

to Condition to Condition Levels to avoid Levels to avoid lapses in safe lapses in safe food handling. food handling.

The free Checklist The free Checklist and Guide to and Guide to Condition Levels Condition Levels is available at is available at nyc.gov/healthnyc.gov/health..

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What are the most What are the most commonly cited commonly cited violations?violations?

A few violations account for nearly A few violations account for nearly two thirds of all citations.two thirds of all citations.

By avoiding these lapses, a By avoiding these lapses, a restaurant can improve its grade restaurant can improve its grade and help prevent food-borne and help prevent food-borne illnesses. illnesses.

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1.1. Facility not vermin-Facility not vermin-proof; harborage or other proof; harborage or other conditions conducive to conditions conducive to pest infestation (8A)pest infestation (8A) Seal all cracks, crevices and Seal all cracks, crevices and

holes in walls, cabinets and holes in walls, cabinets and doors through which doors through which rodents, cockroaches & flies rodents, cockroaches & flies can enter.can enter.

Clean equipment and the floor under and around Clean equipment and the floor under and around equipment.equipment. Keep range hoods free of grease.Keep range hoods free of grease.

Before After Install rodent proof door sweeps on external doors.Install rodent proof door sweeps on external doors. Clean grease, oil and food particles from all surfaces.Clean grease, oil and food particles from all surfaces.

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2.2. Non-food contact surface Non-food contact surface improperly constructed, improperly constructed, unacceptable material used. unacceptable material used. Non-food contact surface or Non-food contact surface or equipment improperly equipment improperly maintained (6C and 10F)maintained (6C and 10F) Review Department rules and Review Department rules and Health Code on acceptable Health Code on acceptable materials for food preparation and materials for food preparation and kitchen surfaces.kitchen surfaces. Make sure all surfaces are smooth Make sure all surfaces are smooth

andand cleanable.cleanable. Keep surfaces clean and sanitary.Keep surfaces clean and sanitary.

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What are the most What are the most commonly cited commonly cited violations?violations?3.3. Evidence of mice, Evidence of mice,

cockroaches or flying insects cockroaches or flying insects in facility’s food and/or non-in facility’s food and/or non-food areas (4M, 4N, 4O)food areas (4M, 4N, 4O) Follow good integrated pest Follow good integrated pest

management practices.management practices. Contract with a well-qualified pest Contract with a well-qualified pest

control professional licensed to work control professional licensed to work in restaurants.in restaurants.

Maintain a harborage-free and Maintain a harborage-free and vermin-proof restaurant.vermin-proof restaurant.

Make sure all surfaces are clean, dry Make sure all surfaces are clean, dry and free of debris.and free of debris.

Store food and garbage in vermin Store food and garbage in vermin proof containers.proof containers.

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What are the most What are the most commonly cited commonly cited violations?violations?4.4. ImproperImpropertemperature temperature

holdingholdingof food (2B & 2G)of food (2B & 2G)

Review rules/Health Review rules/Health Code for proper Code for proper temperature holding temperature holding procedures. procedures.

Track food from hot or Track food from hot or cold storage; always cold storage; always know how long it has know how long it has been out.been out.

Monitor temperature of food Monitor temperature of food in cold and hot storage.in cold and hot storage. Make sure cold and hot holding equipment is functioningMake sure cold and hot holding equipment is functioning properly and able to maintain food at temperature.properly and able to maintain food at temperature.

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5.5. Plumbing Plumbing maintenance, backflow, maintenance, backflow, sewage and drainage sewage and drainage problems (10B)problems (10B) Monitor condition of all Monitor condition of all

plumbing fixtures and makeplumbing fixtures and make immediate repairs.immediate repairs.

Make sure plumbing is equippedMake sure plumbing is equipped with an approved backflow with an approved backflow prevention device (exs: check prevention device (exs: check valves, anti-siphonage device, valves, anti-siphonage device, vacuum breaker).vacuum breaker).

Clean and maintain grease traps.Clean and maintain grease traps.

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6.6. Food surfaces not Food surfaces not properly maintained (6D)properly maintained (6D)

Maintain all cutting Maintain all cutting surfaces making sure surfaces making sure they can be properlythey can be properly sanitized. sanitized. Repair or replace pitted or deeply grooved Repair or replace pitted or deeply grooved

cutting boards.cutting boards. Repair chipped or broken surfaces that Repair chipped or broken surfaces that

come into contact with food.come into contact with food. Regularly clean and sanitize all food Regularly clean and sanitize all food

preparation surfaces after each use. Make preparation surfaces after each use. Make sure they are free of caked on food.sure they are free of caked on food.

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7.7. Food not protected from Food not protected from contamination during contamination during storage, preparation, storage, preparation, transportation or display transportation or display (6C)(6C) Cover and protect food at allCover and protect food at all times prior to being served.times prior to being served. Segregate food by temperature Segregate food by temperature

and type.and type. Avoid cross contamination by Avoid cross contamination by

making sure potentially making sure potentially hazardous food (such as raw hazardous food (such as raw poultry) is not stored over or poultry) is not stored over or adjacent to ready to eat food adjacent to ready to eat food (salad ingredients).(salad ingredients).

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What are the most What are the most commonly cited commonly cited violations?violations?8.8. Food protection certificate not Food protection certificate not

held by a supervisor during held by a supervisor during food operation (4A)food operation (4A)Have more than one supervisor with a Have more than one supervisor with a

food protection certificate on staff so food protection certificate on staff so that there is that there is alwaysalways a supervisor a supervisor present during hours of operation present during hours of operation (whenever food is being is being (whenever food is being is being prepared or served).prepared or served).

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What happens to a grade What happens to a grade when the Health Department when the Health Department closes a restaurant?closes a restaurant?

The Health Department removes the grade The Health Department removes the grade card card

and posts a closure sign. and posts a closure sign.

If the closure occurs on an Initial If the closure occurs on an Initial Inspection,Inspection,

the restaurant posts a Grade Pending card the restaurant posts a Grade Pending card when authorized to re-open. It receives a when authorized to re-open. It receives a

grade card at its Re-inspection. grade card at its Re-inspection.

If the closure occurs on Re-inspection, the If the closure occurs on Re-inspection, the restaurant may post its Re-inspection restaurant may post its Re-inspection grade grade

or Grade Pending card when it re-opens. or Grade Pending card when it re-opens.

If the closure occurs on a Compliance If the closure occurs on a Compliance Inspection, (conducted after a Re-Inspection, (conducted after a Re-inspection), upon re-opening the inspection), upon re-opening the restaurant posts the grade card issued restaurant posts the grade card issued before it was closed.before it was closed.

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What happens to the grade if What happens to the grade if the Health Department the Health Department receives a complaint about a receives a complaint about a restaurant?restaurant?

A complaint-initiated inspection A complaint-initiated inspection may be a partial or full inspection may be a partial or full inspection at the discretion of the Health at the discretion of the Health Department and may or may not Department and may or may not be graded.be graded.

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Where does the Where does the restaurant have to post restaurant have to post the grade card?the grade card?

The Grade Pending or letter-grade card The Grade Pending or letter-grade card must be posted in a must be posted in a “conspicuous place,”“conspicuous place,” meaning it is easily seen by people meaning it is easily seen by people passing by.passing by.A conspicuous place is a front window, door or A conspicuous place is a front window, door or

outside wall. outside wall. The card must be within 5 feet of the entrance The card must be within 5 feet of the entrance

and within 4 to 6 feet of the ground or floor. and within 4 to 6 feet of the ground or floor. Letter grade cards may not be removed Letter grade cards may not be removed

except when authorized by the department.except when authorized by the department.

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Grade Card Posting Grade Card Posting PenaltiesPenalties Is there a penalty for not posting a current grade Is there a penalty for not posting a current grade

card?card? YesYes. The Health Department will issue a Notice of Violation . The Health Department will issue a Notice of Violation

and cite restaurants failing to post grade cards or Grade and cite restaurants failing to post grade cards or Grade Pending cards, or for failing to post the cards in required Pending cards, or for failing to post the cards in required locations.locations.

What happens if the grade card needs to be What happens if the grade card needs to be replaced?replaced? The restaurant operator can pick up a replacement at the The restaurant operator can pick up a replacement at the

Bureau of Food Safety and Community Sanitation, 253 Bureau of Food Safety and Community Sanitation, 253 Broadway, 12th floor, Manhattan.Broadway, 12th floor, Manhattan.

What should the restaurant do with its out-of-date What should the restaurant do with its out-of-date grade card or Grade Pending card?grade card or Grade Pending card? A card that is no longer current must be destroyed. A card that is no longer current must be destroyed.

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The Grade CardThe Grade Card

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Feel Free to Call UsFeel Free to Call Us

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letter grading new york city health code amendment §81.51 rules of the city of new york amendment...

Documents

re inspection

initial inspection

sanitary inspection

reinspection reinspection

inspection cycle

inspection terminology

reinspection b

reinspection rate