Health Code Violations

More than 1,000 responses were received In less than two weeks following the City Council’s request that restaurateurs provide feedback on the City’s food safety inspection process and new letter grading system. 

Council Speaker Christine C. Quinn and Health Committee Chair Maria del Carmen Arroyo unveiled the questionnaire on January 10th and all responses were due by January 31^st.  The survey responses will now be analyzed in preparation for an oversight hearing to explore the inspection process and areas for reform. 

As noted in my October 2011 newsletter, The New York City Department of Health proposed a significant amendment to the New York City Health Code in an effort to clarify what is required of restaurant owners.  That amendment was opened for public comment on October 27, 2011 and on December 13, 2011 was voted on and approved by the Department of Health.  Three people testified and 12 comments were submitted on October 27^th, and in response several changes were made to the earlier proposal.  Considerable testimony came from Andrew Rigie of the New York State Restaurant Association. 

A proposed amendment to the New York City Health Code that was opened for public comment on October 27, 2011 will now be subject to a vote by the full board of the Department of Health on December 13, 2011 at 10 AM.  Assuming the Board will vote to approve the new amendment, there is no indication as to whether the revised health code will go into effect immediately or whether its provisions will apply retroactively. If you would like a copy of the proposed changes, please let me know and I’ll email you a PDF version.

The New York City Department of Health has proposed a significant amendment to the New York City Health Code in an effort to clarify what is required of restaurant owners.  An opportunity to comment on the proposed changes will be held on October 27, 2011 between 10:00 a.m. and 12:00 p.m. at the NYC DOH, 125 Worth Street, 3^rd Floor, Room 331, New York, NY. 

Here are some of the notable proposed changes:

It should come as no surprise that there are considerable mixed reviews regarding the apparent success or failure of the Department of Health letter grading system.  On August 1, 2011 Mayor Bloomberg and the Health Department released a survey conducted by Baruch College, which shows that approximately 90% of New Yorkers approve of the letter grading.  The survey also suggests that approximately 70% of New Yorkers now rely on restaurant grading when choosing where they will eat.  In restaurateur terms, the financial impact of “earning” a B or a C is devastating.  New Yorkers are also becoming keenly aware of what “Grade Pending” really means. 

Identifying the worst violations a restaurant can receive is simple, and there are two.  The first is a violation of NYCHC 81.15(a), or “not having a supervisor present at all times who holds a Food Protection Certificate.”  This is an automatic 28 points and virtually impossible to overturn at an OATH hearing.  This does not mean that the head manager on duty needs to hold the FPC, all that is required is that a supervisor with a FPC be present at all times.  This is often confused by DOH inspectors, but be safe rather than sorry and ensure that every manager has their FPC. 

I was recently walking on the Upper West Side and noticed this creative attempt to disguise the ‘C’ Grade received by a local establishment.  Creative…yes, but effective, I’m not so sure.  Two days later the children’s drawings were removed leaving one to ponder whether the DOH stepped in.