1. Letter Grading New York City Health Code Amendment §81.51 Rules of the City of New York Amendment Chapter 23 of Title 24

2. 2 Goals of New York City Letter Grading Give consumers easier access to information about sanitary conditions in restaurants Give consumers easier access to information about sanitary conditions in restaurants Improve restaurants food preparation practices Improve restaurants food preparation practices Reduce restaurant-attributable food- borne illness Reduce restaurant-attributable food- borne illness

3. 3 NYC Hospital Discharges for Food Poisoning Attributable to Dining Out*

4. 4 Statement of Basis and Purpose One in four New York City restaurants requires re-inspection due to the number or severity of health code violations. One in four New York City restaurants requires re-inspection due to the number or severity of health code violations. The re-inspection rate has fluctuated between about 20% and 30% since 2005. The re-inspection rate has fluctuated between about 20% and 30% since 2005.

5. 5 Statement of Basis and Purpose Evidence suggests that mandatory grade posting significantly improves food safety in restaurants. Evidence suggests that mandatory grade posting significantly improves food safety in restaurants. Just 40% of restaurants in L.A. scored an A in 1998. By 2002, 82% received A grades. Just 40% of restaurants in L.A. scored an A in 1998. By 2002, 82% received A grades.

6. 6 Grade Posting Helps Improve Restaurants Sanitary Practices

7. 7 Establishments Subject to Letter Grading in NYC Restaurants Restaurants Coffee shops Coffee shops Bars Bars Nightclubs Nightclubs Most cafeterias Most cafeterias Fixed-site food stands Fixed-site food stands

8. 8 Establishments Not Subject to Grading Mobile food vending units Mobile food vending units Temporary food service establishments Temporary food service establishments Food service establishments operated by primary or secondary schools Food service establishments operated by primary or secondary schools Hospital-operated cafeterias Hospital-operated cafeterias Correctional facilities Correctional facilities Charitable organizations (including soup kitchens or other prepared food distribution programs) Charitable organizations (including soup kitchens or other prepared food distribution programs) Food service establishments that are not-for- profit membership organizations that operate and serve food only to their members Food service establishments that are not-for- profit membership organizations that operate and serve food only to their members

9. 9 Inspection Terminology (§23-01) Inspection Cycle. A series of inspections consisting of an Initial Inspection and, in some cases, a Re-inspection and periodic Compliance Inspections to ensure that violations have been corrected. Inspection Cycle. A series of inspections consisting of an Initial Inspection and, in some cases, a Re-inspection and periodic Compliance Inspections to ensure that violations have been corrected. Initial Inspection. The first sanitary inspection within an Inspection Cycle. Initial Inspection. The first sanitary inspection within an Inspection Cycle. Re-inspection. A sanitary inspection conducted for the purpose of grading following a score of 14 or more points on an Initial Inspection. Re-inspection. A sanitary inspection conducted for the purpose of grading following a score of 14 or more points on an Initial Inspection. Compliance Inspection. An un-graded inspection following a score of 28 points on a Re-inspection or prior Compliance Inspection to ensure that health code violations have been corrected. Compliance Inspection. An un-graded inspection following a score of 28 points on a Re-inspection or prior Compliance Inspection to ensure that health code violations have been corrected.

10. What Grades Mean, and When They Are Issued A = 13 points or less on A = 13 points or less on an Initial or Re-inspection an Initial or Re-inspection B = 14 – 27 points on a B = 14 – 27 points on a Re-inspection Re-inspection C = 28 points or more on C = 28 points or more on a Re-inspection a Re-inspection 10

11. 11 What Grades Mean, and When They Are Issued Two types of Pre-permit Inspections: Two types of Pre-permit Inspections: Those conducted before a restaurant is operating Those conducted before a restaurant is operating Those conducted after a restaurant is operating Those conducted after a restaurant is operating The Department does not grade restaurants for Pre-permit inspections conducted before they open, but does grade those that are operating during their Pre-permit Inspections. The Department does not grade restaurants for Pre-permit inspections conducted before they open, but does grade those that are operating during their Pre-permit Inspections. An establishment that passes its Pre-permit Inspection before opening for business will be graded on its first Initial Inspection or Re- inspection. An establishment that passes its Pre-permit Inspection before opening for business will be graded on its first Initial Inspection or Re- inspection.

12. 12 Posting Letter Grades An establishment that receives a 0 to 13 points on an Initial or Re-inspection will receive and immediately post a grade card displaying the letter grade A. An establishment that receives a 0 to 13 points on an Initial or Re-inspection will receive and immediately post a grade card displaying the letter grade A. An establishment that receives a score of 14 or more points on an Initial Inspection, and is not closed, will continue to display its current grade card until its Re-inspection. An establishment that receives a score of 14 or more points on an Initial Inspection, and is not closed, will continue to display its current grade card until its Re-inspection. If the establishment does not have a grade card, it will remain un-graded until its Re- inspection. If the establishment does not have a grade card, it will remain un-graded until its Re- inspection.

13. 13 Posting Letter Grades If an establishment receives 14 or more points on Re-inspection: If an establishment receives 14 or more points on Re-inspection: The Health Department will provide a grade card displaying the letter grade that corresponds with its inspection score. The agency will also provide a card that says Grade Pending. The Health Department will provide a grade card displaying the letter grade that corresponds with its inspection score. The agency will also provide a card that says Grade Pending. The establishment must immediately post either the grade card or the Grade Pending card. The establishment must immediately post either the grade card or the Grade Pending card. If the establishment posts the Grade Pending card, it may do so only until it has had an opportunity to be heard at the departments Administrative Tribunal. If the establishment posts the Grade Pending card, it may do so only until it has had an opportunity to be heard at the departments Administrative Tribunal.

14. 14 Posting Letter Grades If the Administrative Tribunal does not change the grade, then the establishment must immediately remove any Grade Pending card and post the grade card issued during the Re-inspection. If the Administrative Tribunal does not change the grade, then the establishment must immediately remove any Grade Pending card and post the grade card issued during the Re-inspection.

15. 15 Posting Letter Grades If an establishment does not appear at the Administrative Tribunal on or before the scheduled hearing date, and has not requested or received an adjournment, the establishment must post the letter grade card it received at its Re-inspection on the date of the hearing. If an establishment does not appear at the Administrative Tribunal on or before the scheduled hearing date, and has not requested or received an adjournment, the establishment must post the letter grade card it received at its Re-inspection on the date of the hearing.

16. 16 Posting Letter Grades If the Tribunal grants an adjournment, the establishment can continue to display its Grade Pending card until the adjourned hearing date. If the Tribunal grants an adjournment, the establishment can continue to display its Grade Pending card until the adjourned hearing date. If an establishment misses its adjourned hearing date, it must post its assigned grade after the adjourned hearing date passes. If an establishment misses its adjourned hearing date, it must post its assigned grade after the adjourned hearing date passes.

17. 17 Posting Letter Grades If the Administrative Tribunal removes enough violation points to change a restaurants letter grade, the Health Department will issue a new letter grade card. The establishment must promptly replace its Grade Pending or previously assigned grade card with the revised grade card. If the Administrative Tribunal removes enough violation points to change a restaurants letter grade, the Health Department will issue a new letter grade card. The establishment must promptly replace its Grade Pending or previously assigned grade card with the revised grade card.

18. 18 Posting Letter Grades Grade cards must be posted: In a conspicuous place on the establishments front window, door or exterior wall In a conspicuous place on the establishments front window, door or exterior wall Within 5 feet of the front door or other direct entrance from the street Within 5 feet of the front door or other direct entrance from the street 4 to 6 feet from the ground or floor 4 to 6 feet from the ground or floor An establishment without a direct entrance from the street must post the grade or Grade Pending card near its point of entry, where it is clearly visible to passersby. The Public Health Sanitarian will help identify an acceptable place. An establishment without a direct entrance from the street must post the grade or Grade Pending card near its point of entry, where it is clearly visible to passersby. The Public Health Sanitarian will help identify an acceptable place.

19. 19 Inspection Intervals The interval between Inspection Cycles depends on the restaurants sanitary score on its Initial or Re-inspection. Restaurants that perform well are inspected less often than those that perform poorly. The interval between Inspection Cycles depends on the restaurants sanitary score on its Initial or Re-inspection. Restaurants that perform well are inspected less often than those that perform poorly. 0-13 points about a year 0-13 points about a year 14-27 points 150 to 210 days after Re-inspection 14-27 points 150 to 210 days after Re-inspection 28 or more points 90 to 150 days after an Inspection Cycle ends 28 or more points 90 to 150 days after an Inspection Cycle ends

20. 20 Frequently Asked Questions A Review of Grading Rules

21. 21 Has letter grading changed the inspection process? No. The Health Department has not changed the way it conducts sanitary inspections. No. The Health Department has not changed the way it conducts sanitary inspections.

22. 22 Has the scoring system changed? Yes. The Health Department has adjusted some violation scores and condition levels. For details, visit nyc.gov/health or consult these publications: Yes. The Health Department has adjusted some violation scores and condition levels. For details, visit nyc.gov/health or consult these publications: Food Service Establishment Self Inspection Worksheet Food Service Establishment Self Inspection Worksheet Guide to Condition Levels for Food Service Establishments. Guide to Condition Levels for Food Service Establishments.

23. 23 Which inspections are graded? Initial Inspection. An establishment scoring 0 to 13 violation points on an Initial Inspection receive an A grade. This ends the inspection cycle. Initial Inspection. An establishment scoring 0 to 13 violation points on an Initial Inspection receive an A grade. This ends the inspection cycle. Re-inspection. If a restaurant does not score an A on its initial inspection, it will be re-inspected at least 7 days later. A grade card and a Grade Pending card will be issued after this Re-inspection. Re-inspection. If a restaurant does not score an A on its initial inspection, it will be re-inspected at least 7 days later. A grade card and a Grade Pending card will be issued after this Re-inspection.

24. How do grades correspond to inspection scores? A = 0-13 points A = 0-13 points B = 14-27 points B = 14-27 points C = 28 points C = 28 points 24

25. 25 When are grade cards issued and when must they be posted? On Initial Inspection On Initial Inspection Only A graded establishments will receive a grade card, which must be posted immediately. Only A graded establishments will receive a grade card, which must be posted immediately. Re-inspection Re-inspection A, B or C grades may be issued. A, B or C grades may be issued. A grades must be posted immediately. A grades must be posted immediately. B or C graded establishments will receive a grade card and a Grade Pending card. If the establishment contests the inspection score, it must post one of the two cards until the Tribunal hearing date. B or C graded establishments will receive a grade card and a Grade Pending card. If the establishment contests the inspection score, it must post one of the two cards until the Tribunal hearing date.

26. 26 When are grade cards issued and when must they be posted? Following a Tribunal Hearing Following a Tribunal Hearing If the hearing changes the grade, the Tribunal will issue a new card, which must be posted immediately. If the hearing changes the grade, the Tribunal will issue a new card, which must be posted immediately. If the hearing does not change the grade, the establishment must immediately post the grade card issued during the Re-inspection. If the hearing does not change the grade, the establishment must immediately post the grade card issued during the Re-inspection. Unless a restaurant requests and receives an adjournment, postponing its hearing date, it must post the grade card issued during its Re- inspection on the scheduled hearing date. Unless a restaurant requests and receives an adjournment, postponing its hearing date, it must post the grade card issued during its Re- inspection on the scheduled hearing date.

27. 27 What if the Tribunal mails its decision to the restaurant? If the decision results in a new grade, a new grade card will be mailed with the decision. If the decision results in a new grade, a new grade card will be mailed with the decision. A restaurant must post the new grade card, or the grade card it received during its Re-inspection, immediately after receiving the decision. A restaurant must post the new grade card, or the grade card it received during its Re-inspection, immediately after receiving the decision.

28. 28 What card should the restaurant post if it settles the Notice of Violation? By settling a Notice of Violation, the establishment waives its right to a hearing and admits to the violations cited. Immediately after settling, the operator must post the grade card issued during the Re-inspection. By settling a Notice of Violation, the establishment waives its right to a hearing and admits to the violations cited. Immediately after settling, the operator must post the grade card issued during the Re-inspection. An operator can settle a Notice of Violation by mail, in person at the Tribunal, or online at Business Express. An operator can settle a Notice of Violation by mail, in person at the Tribunal, or online at Business Express.

29. 29 How often are restaurants graded? The interval between inspection cycles depends on the sanitary condition of the restaurant: The interval between inspection cycles depends on the sanitary condition of the restaurant: 0-13 points about a year 0-13 points about a year 14-27 points 150 to 210 days after the Re- inspection 14-27 points 150 to 210 days after the Re- inspection 28 or more points 90 to 150 days after the inspection cycle ends 28 or more points 90 to 150 days after the inspection cycle ends An inspection cycle ends when a restaurant scores less than 28 points. An inspection cycle ends when a restaurant scores less than 28 points. The Health Department will inspect a restaurant about every 30 days until it scores less than 28 points or is closed. The Health Department will inspect a restaurant about every 30 days until it scores less than 28 points or is closed.

30. 30 How can restaurants practice A-grade food safety? Always have a Food Protection Certificate holder supervising food workers. Always have a Food Protection Certificate holder supervising food workers. Train all food workers in food safety. Train all food workers in food safety.

31. 31 Food Protection Course The Food Protection Course is available in person in Spanish, Chinese Korean and English; and online in Spanish, Chinese and English. The Food Protection Course is available in person in Spanish, Chinese Korean and English; and online in Spanish, Chinese and English.online The more employees who take and pass the course, the better a restaurant will do on its inspections. The more employees who take and pass the course, the better a restaurant will do on its inspections.

32. 32 For More Information The Health Academy: East Harlem Multi-Service Center Second Floor 413 East 120 Street New York, NY 10035 917-492-6990 The Health Academy: East Harlem Multi-Service Center Second Floor 413 East 120 Street New York, NY 10035 917-492-6990

33. 33 Quality Improvement Food Protection Certificate Course Teaches food service operators active managerial control. Teaches food service operators active managerial control. Two mornings and an opportunity to develop your active managerial control plan. Two mornings and an opportunity to develop your active managerial control plan. Learn the tools that you need to manage your establishment so that you are in compliance with the health codes. Learn the tools that you need to manage your establishment so that you are in compliance with the health codes. The Health Academy: East Harlem Multi-Service Center, 2nd Floor 413 East 120 Street New York, NY 10035 917 492 6990 The Health Academy: East Harlem Multi-Service Center, 2nd Floor 413 East 120 Street New York, NY 10035 917 492 6990

34. 34 How can restaurants practice A-grade food safety? Use the Self- Use the Self- Inspection Inspection Worksheet, similar Worksheet, similar to that used by to that used by inspectors, to inspectors, to conduct weekly conduct weekly self-inspections self-inspections and uncover areas and uncover areas in need of in need of improvement. improvement.

35. 35 How can restaurants practice A-grade food safety? Review the Guide to Condition Levels to avoid lapses in safe food handling. Review the Guide to Condition Levels to avoid lapses in safe food handling. The free Checklist and Guide to Condition Levels is available at nyc.gov/health. The free Checklist and Guide to Condition Levels is available at nyc.gov/health.

36. 36 What are the most commonly cited violations? A few violations account for nearly two thirds of all citations. A few violations account for nearly two thirds of all citations. By avoiding these lapses, a restaurant can improve its grade and help prevent food-borne illnesses. By avoiding these lapses, a restaurant can improve its grade and help prevent food-borne illnesses.

37. 37 What are the most commonly cited violations? 1. Facility not vermin-proof; harborage or other conditions conducive to pest infestation (8A) Seal all cracks, crevices and holes in walls, cabinets and doors through which rodents, cockroaches & flies can enter. Clean equipment and the floor under and around equipment. Clean equipment and the floor under and around equipment. Keep range hoods free of grease. Keep range hoods free of grease. BeforeAfter 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.

38. 38 What are the most commonly cited violations? 2. Non-food contact surface improperly constructed, unacceptable material used. Non-food contact surface or equipment improperly 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 and Make sure all surfaces are smooth and cleanable. cleanable. Keep surfaces clean and sanitary. Keep surfaces clean and sanitary.

39. 39 What are the most commonly cited violations? 3. Evidence of mice, cockroaches or flying insects in facilitys food and/or non-food areas (4M, 4N, 4O) Follow good integrated pest management practices. Follow good integrated pest management practices. Contract with a well-qualified pest control professional licensed to work in restaurants. Contract with a well-qualified pest control professional licensed to work in restaurants. Maintain a harborage-free and vermin- proof restaurant. Maintain a harborage-free and vermin- proof restaurant. Make sure all surfaces are clean, dry and free of debris. Make sure all surfaces are clean, dry and free of debris. Store food and garbage in vermin proof containers. Store food and garbage in vermin proof containers.

40. 40 What are the most commonly cited violations? 4. Improper temperature holding of food (2B & 2G) Review rules/Health Code for proper temperature holding procedures. Review rules/Health Code for proper temperature holding procedures. Track food from hot or cold storage; always know how long it has been out. Track food from hot or cold storage; always know how long it has 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 functioning Make sure cold and hot holding equipment is functioning properly and able to maintain food at temperature. properly and able to maintain food at temperature.

41. 41 What are the most commonly cited violations? 5. Plumbing maintenance, backflow, sewage and drainage problems (10B) Monitor condition of all Monitor condition of all plumbing fixtures and make plumbing fixtures and make immediate repairs. immediate repairs. Make sure plumbing is equipped Make 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.

42. 42 What are the most commonly cited violations? 6. Food surfaces not properly maintained (6D) properly maintained (6D) Maintain all cutting Maintain all cutting surfaces making sure surfaces making sure they can be properly they can be properly sanitized. sanitized. Repair or replace pitted or deeply grooved cutting boards. Repair or replace pitted or deeply grooved cutting boards. Repair chipped or broken surfaces that come into contact with food. Repair chipped or broken surfaces that come into contact with food. Regularly clean and sanitize all food preparation surfaces after each use. Make sure they are free of caked on food. Regularly clean and sanitize all food preparation surfaces after each use. Make sure they are free of caked on food.

43. 43 What are the most commonly cited violations? 7. Food not protected from contamination during storage, preparation, transportation or display (6C) Cover and protect food at all Cover and protect food at all times prior to being served. times prior to being served. Segregate food by temperature and type. Segregate food by temperature and type. Avoid cross contamination by making sure potentially hazardous food (such as raw poultry) is not stored over or adjacent to ready to eat food (salad ingredients). Avoid cross contamination by making sure potentially hazardous food (such as raw poultry) is not stored over or adjacent to ready to eat food (salad ingredients).

44. 44 What are the most commonly cited violations? 8. Food protection certificate not held by a supervisor during food operation (4A) Have more than one supervisor with a food protection certificate on staff so that there is always a supervisor present during hours of operation (whenever food is being is being prepared or served). Have more than one supervisor with a food protection certificate on staff so that there is always a supervisor present during hours of operation (whenever food is being is being prepared or served).

45. 45 What happens to a grade when the Health Department closes a restaurant? The Health Department removes the grade card The Health Department removes the grade card and posts a closure sign. and posts a closure sign. If the closure occurs on an Initial Inspection, If the closure occurs on an Initial Inspection, the restaurant posts a Grade Pending card the restaurant posts a Grade Pending card when authorized to re-open. It receives a grade card at its Re-inspection. when authorized to re-open. It receives a grade card at its Re-inspection. If the closure occurs on Re-inspection, the restaurant may post its Re-inspection grade If the closure occurs on Re-inspection, the restaurant may post its Re-inspection grade or Grade Pending card when it re-opens. or Grade Pending card when it re-opens. If the closure occurs on a Compliance Inspection, (conducted after a Re-inspection), upon re-opening the restaurant posts the grade card issued before it was closed. If the closure occurs on a Compliance Inspection, (conducted after a Re-inspection), upon re-opening the restaurant posts the grade card issued before it was closed.

46. 46 What happens to the grade if the Health Department receives a complaint about a restaurant? A complaint-initiated inspection may be a partial or full inspection at the discretion of the Health Department and may or may not be graded. A complaint-initiated inspection may be a partial or full inspection at the discretion of the Health Department and may or may not be graded.

47. 47 Where does the restaurant have to post the grade card? The Grade Pending or letter-grade card must be posted in a conspicuous place, meaning it is easily seen by people passing by. The Grade Pending or letter-grade card must be posted in a conspicuous place, meaning it is easily seen by people passing by. A conspicuous place is a front window, door or outside wall. A conspicuous place is a front window, door or outside wall. The card must be within 5 feet of the entrance and within 4 to 6 feet of the ground or floor. The card must be within 5 feet of the entrance and within 4 to 6 feet of the ground or floor. Letter grade cards may not be removed except when authorized by the department. Letter grade cards may not be removed except when authorized by the department.

48. 48 Grade Card Posting Penalties Is there a penalty for not posting a current grade card? Is there a penalty for not posting a current grade card? Yes. The Health Department will issue a Notice of Violation and cite restaurants failing to post grade cards or Grade Pending cards, or for failing to post the cards in required locations. Yes. The Health Department will issue a Notice of Violation and cite restaurants failing to post grade cards or Grade Pending cards, or for failing to post the cards in required locations. What happens if the grade card needs to be replaced? What happens if the grade card needs to be replaced? The restaurant operator can pick up a replacement at the Bureau of Food Safety and Community Sanitation, 253 Broadway, 12th floor, Manhattan. The restaurant operator can pick up a replacement at the Bureau of Food Safety and Community Sanitation, 253 Broadway, 12th floor, Manhattan. What should the restaurant do with its out-of-date grade card or Grade Pending card? What should the restaurant do with its out-of-date 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.

49. 49 The Grade Card

50. 50 The Grade Card

51. 51 The Grade Card

52. 52 The Grade Card

53. 53 Feel Free to Call Us If you have any questions, call 311. If you have any questions, call 311.