Lesson 1.3

Question 1

What identification must inspectors display upon request?

Answer 1

Inspectors must display their Department of Health and Mental Hygiene badges and identification cards whenever it is requested of them.

Question 2

What are the legal consequences of offering an inspector a bribe?

Answer 2

Offering an inspector a bribe, gratuity, or reward for official misconduct is illegal and can result in fines and the revocation of permits.

Question 3

Are inspectors authorized to conduct monetary transactions for the Department of Health?

Answer 3

No, inspectors are not authorized to conduct any monetary transactions on behalf of the Department of Health.

Question 4

What is the role of the Inspector General within the Department of Health?

Answer 4

The Inspector General is responsible for investigating any incidence of alleged corrupt activity, based on complaints made by employees of the Department or members of the public.

Question 5

What is the Health Academy and what training does it provide?

Answer 5

The Health Academy, within the Division of Environmental Health, provides training and certification courses for the public as mandated by the Health Code, including the Food Protection Course required for supervisors of food service establishments and non-retail food processing establishments.

Question 6

What is required for certification in the Food Protection Course?

Answer 6

Individuals must take the course and pass an examination before certification is issued. A certified person must be on the premises to supervise all food preparation activities during all hours of operation.

Question 7

Why was the Food Protection Manual designed, and what does it include?

Answer 7

The Food Protection Manual was designed to help participants understand the principles of safe food handling and to serve as a reference for food service operators. It includes information necessary to pass the final examination.

Question 8

What changes were made to Article 81 of the New York City Health Code, and when were they adopted?

Answer 8

The Board of Health adopted changes to Article 81 (Food Preparation and Food Establishments) of the New York City Health Code on March 16, 2010, following a public hearing on February 5, 2010, and notice of intention published on December 22, 2009.

Question 9

Why did the Health Department start issuing letter grades to restaurants?

Answer 9

The Health Department began issuing letter grades to help consumers make informed choices about where to eat out, creating an incentive for restaurants to maintain high food safety standards.

Question 10

Which types of food establishments receive letter grades?

Answer 10

Establishments such as most restaurants, coffee shops, bars, nightclubs, cafeterias, retail bakeries, and fixed-site food stands that require Health Department permits receive letter grades.

Question 11

Which establishments are not graded with letter grades?

Answer 11

Mobile food vending units, temporary food service establishments, food service establishments operated by primary or secondary schools, hospital-operated cafeterias, correctional facilities, charitable organizations, and food service establishments operated by not-for-profit membership organizations are not graded.

Question 12

What are the different letter grades and their corresponding points for sanitary violations?

Answer 12

Grade A: 0 to 13 points; Grade B: 14 to 27 points; Grade C: 28 or more points. A Grade Pending indicates that a restaurant’s grade is not final until it has had an opportunity to contest the violations.

Question 13

How should consumers interpret a Grade B or Grade C?

Answer 13

Restaurants with B or C grades need to improve their food safety practices, but the Health Department immediately closes those with conditions hazardous to public health.

Question 14

Where can consumers find more information about a restaurant’s inspection history?

Answer 14

Consumers can visit nyc.gov/health/restaurants to see inspection details and search for restaurants by grade, neighborhood, cuisine, and more.

Question 15

Will all restaurants have letter grades starting in July 2010?

Answer 15

No, it will take over a year to grade all of the city’s existing restaurants. New restaurants are graded a few weeks after opening.

Question 16

How did the Health Department ensure fairness in the grading initiative?

Answer 16

The Health Department designed a program that gives restaurants an automatic second chance to improve their scores, opportunities for outside review, and updates to the violation list to focus on food safety.

Question 17

Have inspection processes changed with the introduction of grading?

Answer 17

No, the Health Department has not changed the way inspections are conducted. Inspectors still examine sanitary conditions and provide printed reports listing violations.

Question 18

What changes have been made to the list of violations?

Answer 18

The updated violation list defines the violations that letter grades are based on and specifies the points assigned to each violation depending on its severity. A guide to ‘condition levels’ describes the severity of each violation.

Question 19

Which types of inspections result in a grade?

Answer 19

Only some inspections result in a grade, including initial inspections, re-inspections, and certain complaint-based inspections.

Question 20

Do initial inspections of new restaurants result in a grade?

Answer 20

No, the initial inspection before a restaurant opens is not graded. Graded inspections occur shortly after the restaurant begins operating.

Question 21

What happens during an initial inspection and a re-inspection?

Answer 21

An unannounced initial inspection occurs at least once a year. A restaurant with 0-13 points receives an A grade. If it does not receive an A, a re-inspection occurs at least a week later. The re-inspection determines the grade, and the restaurant may post either the grade card or a Grade Pending card until the Administrative Tribunal hearing.

Question 22

What is a compliance inspection and when does it occur?

Answer 22

A compliance inspection occurs roughly 30 days after a re-inspection if a restaurant receives 28 or more points. Compliance inspections continue every 30 days until the restaurant scores under 28 points or is closed by the Department.

Question 23

When is a restaurant’s next chance for a new grade after the final grade is posted?

Answer 23

The frequency of the next inspection depends on the sanitary score. A restaurant with 0-13 points is inspected about a year later, 14-27 points in 5-7 months, and 28 or more points in 3-5 months after the inspection cycle ends.

Question 24

Where must the grade card be posted in a restaurant?

Answer 24

The grade card must be posted on a front window, door, or outside wall within 5 feet of the entrance and 4 to 6 feet off the ground or floor.

Question 25

Is there a penalty for not posting a grade card?

Answer 25

Yes, failing to post the required grade or Grade Pending card, or posting it in the wrong location, can result in a notice of violation and substantial fines.

Question 26

What should a restaurant do if a grade card is lost or damaged?

Answer 26

The restaurant operator can pick up a replacement card at the Health Department’s Bureau of Food Safety and Community Sanitation, 253 Broadway, 12th floor, in Manhattan.

Question 27

How does the Health Department track grade cards?

Answer 27

The Health Department tracks each grade card with a serial number traceable to the restaurant and the inspector who assigned it. Posting an incorrect grade card can result in penalties and permit suspension.

Question 28

What should be done with out-of-date grade cards?

Answer 28

Out-of-date grade cards must be destroyed.

Question 29

Do grading procedures change how restaurants are closed?

Answer 29

No, the Health Department continues to close establishments with serious and persistent violations or uncorrected public health hazards.

Question 30

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

Answer 30

If the Health Department closes a restaurant, it removes the grade card and posts a closure sign. Depending on the timing of the closure, the restaurant may need to post a Grade Pending card or the previously assigned grade card upon re-opening.

Question 31

Can restaurants contest violations at the Administrative Tribunal?

Answer 31

Yes, restaurants can contest violations at the Administrative Tribunal. The Health Department schedules a Tribunal hearing date for each notice of violation issued.

Question 32

If a violation is dismissed at the Tribunal, how does it affect the restaurant’s grade?

Answer 32

If a violation is dismissed, the inspection score is recalculated. If the new score corresponds to a different grade, the restaurant receives a new grade card to post. If the grade does not change, the original grade card must be posted.

Question 33

Does a Tribunal decision change the inspection schedule?

Answer 33

No, a Tribunal decision does not change the inspection schedule.

Question 34

What happens if a restaurant cannot attend the Tribunal hearing or wants the inspector present?

Answer 34

The restaurant can request an adjournment or the inspector’s presence. A second hearing date is set if the Health Department cannot accommodate the request. The restaurant can post either the grade card or Grade Pending card until the second hearing.

Question 35

What must a restaurant do if it cannot attend the second hearing date?

Answer 35

If the restaurant does not attend the second hearing or requests the inspector’s presence for the first time, the hearing is rescheduled. The restaurant must post the grade card received at the re-inspection and discard the Grade Pending card.

Question 36

When does a restaurant post its grade card if the Tribunal decision is mailed?

Answer 36

If the decision results in a new grade, the new grade card must be posted immediately upon receipt. If the grade does not change, the restaurant must post the re-inspection grade card immediately.

Question 37

Does a restaurant have to appear at the automatically scheduled hearing at the Administrative Tribunal?

Answer 37

No, the restaurant can choose to settle and pay a discount on the fines for notices of violation online, by mail, or at the Tribunal.

Question 38

When does a restaurant post its grade card if it settles the notice of violation?

Answer 38

The restaurant must immediately post the grade card issued during the re-inspection upon settlement.

Question 39

What steps can a restaurant take to improve its grade?

Answer 39

Restaurants can correct cited violations, train supervisors, ensure food workers are supervised by someone with a Food Protection Certificate, train employees in food protection, use the Health Department’s resources, conduct weekly self-inspections, and review the Guide to Condition Levels to avoid lapses in safe food handling.