Deal reached to revamp NYC restaurant inspection system and related fines

New York City is going to make changes to its restaurant inspection system.

System critic, Council Speaker, and mayoral-hopeful Christine Quinn announced Sunday a deal has been reached to revamp some of the more highly criticized aspects of the city’s restaurant-inspection system, one that balances “the needs of restaurant nyc.rest.gradesowners and operators with our obligation to keep restaurants clean and safe for the public.”

Some of the most notable aspects of the deal, according to the Staten Island Advocate:

  • the fine for many of the most common violations will be dropped between 15 and 50 percent;
  • restaurants with less than 14 points after adjudication will not be required to pay any fines for that inspection;
  • restaurants that receive violations for structural irregularities — such as an improperly placed sink — will still be required to fix the violation but they will not be liable for the fine if they can prove that it was not noted in any previous inspection;
  • 60 percent of fines will be reset to the minimum $200 level i.e. the fine for a sewage disposal system in disrepair would drop from $348 to $200; and,
  • critical violations would be reduced to $300 and $350, compared to an average of $420.

In all, the reforms are expected to reduce fines by $10 million per year, Ms. Quinn’s office announced. It’s part of a larger set of reforms to be announced Wednesday.

“Restaurant letter grading was never supposed to be a way to generate additional fine revenue, Ms. Quinn said.

Health commissioner Dr. Thomas Farley said the new system will be an improvement that will benefit all New Yorkers. “We began restaurant letter-grading to provide an added incentive to restaurants to have the best food safety practices. This system is working: restaurant practices are improving, and these practices are improving public health,” he said.

Caribbean Soul restaurant closed in NYC after inspection reveals evidence of mice

DNAinfo reports that Caribbean Soul is known in Clinton Hill for jazz music, jerk chicken wings and friendly service.

But the Health Department recently closed the popular Fulton Street hangout citing Caribbean Soulimproper refrigeration of food and evidence of mice, among other violations. Owner Nichole Mayers must take a few steps before she can reopen her doors.

Ruining dinner; restaurant inspector killjoys in NYC

Although not exactly widespread, the New York Post reports a dinner ruined by a health inspection is a growing nuisance for New Yorkers looking to enjoy a romantic meal or celebrate with friends, only to be shown the door.

The number of restaurant inspections by the Department of Health and Mental Hygiene has risen sharply in recent years. In 2002, there were larry.health.inspector33,254 inspections. Last year, there were 98,176, according to figures from a report by Public Advocate Bill de Blasio, a mayoral candidate.

Earlier this month, Dan Stewart, a 33-year-old magazine editor, wanted to take a friend visiting from London to Brooklyn Star for a cocktail. When they walked into the Williamsburg eatery on a busy Thursday at about 8 p.m., an embarrassed server informed them that a health official had just come in and the restaurant was only serving soda and water — no food or booze.

According to restaurateurs, Mayor Bloomberg’s blue-coated buzzkills are increasingly invading city eateries during peak times, shutting down service for several hours and leaving diners hungry and businesses broke. (La Grenouille owner Charles Masson estimates he lost $30,000 in revenue due to inspections in a single night.)

Anything less than an “A” grade can mean thousands of dollars in fines and lost business. Restaurants aren’t required to stop serving customers during a health probe, but with so much on the line — and a strange person roaming about a busy kitchen — most do.

When confronted with such complaints, the Health Department continues to defend its practices.

 “[Inspectors] do not stop food preparation or service during their inspection,” reads a Health Department statement sent to The Post. “Restaurants that earn A grades on initial inspections are inspected only once a year, limiting any inconvenience.”

Most New York restaurateurs, many of whom were too scared of the Health Department to go on the record, say it is essential to stop cooking to get through an inspection and avoid racking up too many violations.

NYC is watching, but won’t crack down on candlelit restaurants

In the aftermath of Hurricane Sandy, the New York City Department of Health and Mental Hygiene has been making the rounds among restaurants without refrigeration. Inspectors are not issuing citations or even conducting inspections, but rather just trying to prevent serious lapses in food safety.

Grub Street New York reports dozens of restaurants that still have gas have outfitted their cooks with headlamps and their dining rooms with candles. The DOHMH is circulating special food safety guidelines for areas that do not have electricity. 

Eat fresh: Subway restaurants have been closed for health violations more than any other chain in NYC

Daughter Courtlynn loves her some Subway.

She’ll be pleased to know there’s one at the end of our street, open for brekkie at 7 a.m., and usually occupied by several high school students when I take Sorenne to school at 7:50 a.m.

And it’s the same kids, every day.

It’s convenient and while I do most of the cooking, sometimes life gets in the way and Sorenne and I will pop in for a whole wheat sandwich on our way home. In New York City, Subway has the dubious title of franchise most often closed by health types.

The New York Daily News analyzed Health Department data and found Subway stores were shut down a whopping 55 times in the last five years.

Subway officials insist the majority of its 372 city restaurants live up to its “eat fresh” slogan.

“Nearly 90% of the locations have an ‘A’ rating, and some 30 locations have not received their ratings yet,” said company spokesman Les Winograd. “Violations are not tolerated.”

Despite the 55 Subway shutdowns, City Health Department spokeswoman Chanel Caraway was quick to note that “an individual restaurant’s inspection history does not reflect a chain’s performance.”

Kennedy Fried Chicken franchises came in second with 31 closures, Dunkin’ Donuts had 23, Crown Fried Chicken was third with 22 and Golden Krust rounded out the infamous top five with 20.

Fresh tofu linked to botulism in Queens

The New York City Health Department is investigating one confirmed and one suspect case of botulism amongst Chinese-speaking Queens residents who had recently purchased unrefrigerated fresh bulk tofu from the same store in Flushing.

This kind of tofu, commonly sold in an open, water-filled bin, is highly suspected to be the source of these cases; however it has not yet been confirmed.

WABC reports the tofu was not made at this store, and its source is still under investigation.

As the investigation continues, the Health Department is advising all individuals to discard all fresh bulk tofu purchased from any New York City store that has been kept at room temperature at the time of purchase.

The Health Department is also warning consumers to throw away tofu that has not been stored in a refrigerator at home.

Cooking this type of tofu is not a definite safeguard against botulism; the organism’s spores can still remain in the tofu and, if the tofu is improperly handled, the spores can produce a toxin that causes illness.

New York City has seen only one other case of foodborne botulism in the past 15 years.

Stop the whingeing; dueling surveys, bogus claims won’t improve New York restaurant grades; agree on principles – don’t make people barf — find solutions

Restaurateurs had their moment in the New York City political sun today, and wasted the opportunity with a barrage of complaints about the unfairness of restaurant inspections as well as the letter grades.

They could have said, most of us take food safety seriously, we’re proud of our establishments, so proud that we want to work with health types to make the system better, and we want to brag about our great food safety.

More representative of the 300 people who filled a City Council chamber today was Dimitri Kafchitsas, who heads a group of 1,000 restaurants in New York City: The average food-safety visit “feels like a criminal raid and not an inspection. There is a lack of sensitivity.”

More sensitivity and less in-your-face? In New York City?

NYC could have saved itself some grief by doing some significant consumer and food service research before launching the system and figuring out what kind of disclosure would work best for New Yorkers (we did this in New Zealand).

A major criticism from restaurateurs has been the city’s imposition of significant fines for issues that they say have no bearing on food safety. Among them have been fines for inadequate lighting, employees’ drinking beverages while on duty, leaky faucets, leaky faucets, broken tiles and open doors.

Risk-based, consistent inspections are a problem in every municipality and state. Work on it; improve the system. But don’t just whine.

The City’s health commissioner Thomas Farley told the hearing (from a prepared statement), “I know that you will hear complaints today from some restaurant owners. But just imagine this scenario: Salmonella cases are up 14 percent; the number of restaurants with rodents has increased by 50 percent and viral videos of rats in kitchens dominate the web; and restaurant sales are plummeting.

What would happen? The Council would hold a hearing and demand to know why the Health Department wasn’t doing its job. You would describe horror stories of constituents getting sick, and you would demand swift action. And you would be right, because my job is to protect the health of New Yorkers.

Fortunately, the opposite scenario is happening right now. Since restaurant grading began, salmonella cases are down 14 percent. The Department’s website shows that 72 percent of restaurants have received the top grade for cleanliness. Restaurant sales are up almost 10% since grading began, increasing by $800 million. And 91 percent of New Yorkers say they support restaurant grading.”

Daniel E. Ho, a professor of law at Stanford and a visiting professor of law at Yale this spring, takes a stab at suggestions for improvement, writing in the New York Times this morning that the well-intentioned system is broken.

“Along with researchers at New York University, Stanford and Yale law schools, I have studied data from more than 500,000 inspections of more than 100,000 restaurants from the last few years in nine jurisdictions: Austin, Tex.; Catawba County, N.C.; Chicago; El Paso; Florida; Louisville, Ky.; New York City; San Diego; and Seattle. Our research examined the process for tallying violations and the consistency of inspections across repeat, unannounced visits to the same restaurant. In a critical dimension, New York performed the worst of the nine.
At their core, the inspections work similarly across the jurisdictions. From once to a few times a year, a health inspector shows up unannounced to tally health code violations, like failure to wash hands or to maintain food temperatures. If violations amount to a public health hazard, the restaurant may be shut down until they are resolved.

“Our examination found key deficiencies in New York’s inspection system.

First, the score a restaurant gets in New York says little about how it will perform in the future. Grades are based on a point system: in New York, 0 to 13 points yields an A, 14 to 27 points a B, and 28 or more points a C. In other jurisdictions, numerical scores substantively predict future scores. In San Diego, for example, prior scores account for roughly 25 percent of the variation in future scores. But New York is an outlier: Prior scores predict less than 2 percent of the variation in future scores. New York City’s posted restaurant grades therefore fail the most basic criterion: they communicate little about future cleanliness.

Why such inconsistency? Although the jurisdictions share broad similarities, the details of New York’s inspection process are far more complex. There are more inspectors (some 180, not all of whom necessarily specialize full time in restaurant inspections), more violations to score and far wider point ranges for each violation.

“While San Diego, for example, has a single violation for vermin, New York records separate violations for evidence of rats or live rats; evidence of mice or live mice; live roaches; and flies — each scored at 5, 6, 7, 8 or 28 points, depending on the evidence. Thirty “fresh mice droppings in one area” result in 6 points, but 31 droppings result in 7 points.

“To reduce imprecision, the city should apply the key insight of grading — simplification — not only for information consumers, but also for information producers — i.e., the inspectors. To increase efficiency, the city should abandon inspections for the purpose of resolving grades and instead redeploy those resources to focus on the worst offenders. It’s time for grade reform.”

OK. Get on with it. Restaurant managers, health types and consumers need to figure out how best to improve the system. But disclosure is here to stay.

Filion, K. and Powell, D.A. 2011. Designing a national restaurant inspection disclosure system for New Zealand?. Journal of Food Protection 74(11): 1869-1874?.
http://www.ingentaconnect.com/content/iafp/jfp/2011/00000074/00000011/art00010?The World Health Organization estimates that up to 30% of individuals in developed countries become ill from contaminated food or water each year, and up to 70% of these illnesses are estimated to be linked to food service facilities. The aim of restaurant inspections is to reduce foodborne outbreaks and enhance consumer confidence in food service. Inspection disclosure systems have been developed as tools for consumers and incentives for food service operators. Disclosure systems are common in developed countries but are inconsistently used, possibly because previous research has not determined the best format for disclosing inspection results. This study was conducted to develop a consistent, compelling, and trusted inspection disclosure system for New Zealand. Existing international and national disclosure systems were evaluated. Two cards, a letter grade (A, B, C, or F) and a gauge (speedometer style), were designed to represent a restaurant’s inspection result and were provided to 371 premises in six districts for 3 months. Operators (n = 269) and consumers (n = 991) were interviewed to determine which card design best communicated inspection results. Less than half of the consumers noticed cards before entering the premises; these data indicated that the letter attracted more initial attention (78%) than the gauge (45%). Fifty-eight percent (38) of the operators with the gauge preferred the letter; and 79% (47) of the operators with letter preferred the letter. Eighty-eight percent (133) of the consumers in gauge districts preferred the letter, and 72% (161) of those in letter districts preferring the letter. Based on these data, the letter method was recommended for a national disclosure system for New Zealand.

Filion, K. and Powell, D.A. 2009. The use of restaurant inspection disclosure systems as a means of communicating food safety information. Journal of Foodservice 20: 287-297.
The World Health Organization estimates that up to 30% of individuals in developed countries become ill from food or water each year. Up to 70% of these illnesses are estimated to be linked to food prepared at foodservice establishments. Consumer confidence in the safety of food prepared in restaurants is fragile, varying significantly from year to year, with many consumers attributing foodborne illness to foodservice. One of the key drivers of restaurant choice is consumer perception of the hygiene of a restaurant. Restaurant hygiene information is something consumers desire, and when available, may use to make dining decisions.

NYC links drop in foodborne illness to grades

I’m all for restaurant inspection disclosure but all against bogus evidence to win rhetorical points in the public arena.

The night before a hearing on the public display of letter grades, New York City mayor Michael “Lenny” Bloomberg told collected journos that salmonella is down more than 13 percent over the first full year of restaurant inspection disclosure because of improved food sanitary practices by restaurants striving to achieve better grades.

The mayor — speaking with the health commissioner, Dr. Thomas A. Farley, and Deputy Mayor Linda I. Gibbs — announced that “New Yorkers overwhelmingly support the grading system,” citing a recent survey by Baruch College at the City University of New York. It showed that 91 percent of New Yorkers approve of restaurant grading and 88 percent consider letter grades when dining, according to a telephone survey conducted in January and February.

Surveys don’t mean much.

Dr. Farley said salmonella infections were significantly reduced in New York City, but remained unchanged in the rest of New York State, Connecticut and New Jersey.

He added that the city’s restaurants had made significant improvements in sanitary practices, since more than 72 percent of them earned A grades, up from 65 percent a year ago.

The same compliance results have been seen around North America and elsewhere in the 13 years I’ve been involved and long before that; it’s cute that NYC is catching up.

Mr. Bloomberg said, “Restaurant grades have been good for public health and good for the economy,” adding that “New York City is known for its great restaurants and now it will be known for food safety, too.”

Hang on there, Lenny. There’s lots of caveats with inspection and disclosure. The available evidence – which is extensively documented on barfblog.com but even I’m getting tired of writing about it – is a draw at best. Links to reductions in foodborne illness are speculation, bordering on false-hope.

Disclosure is good. Leave the self–aggrandizement and rhetoric to pro athletes and lawyers.

The mayor also announced a new free mobile app for iPhones, IPads and IPod Touch devices called “ABCEatsNYC,” which lets New Yorkers check letter grades from any street corner in the five boroughs. The app is listed under the title “NYC Restaurant Grading” at the iPhone App Store, and can be downloaded after searching for mobile devices.

Michael J. Fox is a great Canadian.

Your foie gras has poop in it; fancy food ain’t safe food, expanded New York City edition

Kudos to Gawker for wading through the Michelin-starred filth found in New York City restaurant inspection reports. I’ve left the violations in for the first report but edited out the rest for brevity. The complete report is available at http://gawker.com/5889473/your-fancy-foie-gras-has-poop-in-it-a-guide-to-new-yorks-filthiest-michelin+starred-restaurants.

For reference, "A" ratings have 0-13 sanitary violations; "B" ratings have 14-27; "C" ratings have 28 or more; and "Grade Pending" is code for "crappy grade, but they’re trying to shape up and/or are contesting it at a Health Tribunal."

Here are the filthiest Michelin-starred restaurants, compiled with assistance from intern Maeve Keirans.

• Danji: The Filthiest Fine-Dining in New York
Michelin Stars: 1
Violation Points: 48
Current Grade: GRADE PENDING
Specialty: Kimchi chorizo bacon paella, prepared with unwashed hands.
At this Midtown restaurant, Chef Hooni Kim applies French culinary techniques to Korean tapas while racking up an astonishing quantity of sanitary violations. New York Times critic Sam Sifton named it one of his Top 10 New Restaurants of 2011.
1) Cold food item held above 41º F (smoked fish and reduced oxygen packaged foods above 38 ºF) except during necessary preparation. [CRITICAL]
2) Food from unapproved or unknown source or home canned. Reduced oxygen packaged (ROP) fish not frozen before processing; or ROP foods prepared on premises transported to another site. [CRITICAL]
3) Evidence of mice or live mice present in facility’s food and/or non-food areas. [CRITICAL]
4) Hand washing facility not provided in or near food preparation area and toilet room. Hot and cold running water at adequate pressure to enable cleanliness of employees not provided at facility. Soap and an acceptable hand-drying device not provided. [CRITICAL]
5) Food contact surface not properly washed, rinsed and sanitized after each use and following any activity when contamination may have occurred. [CRITICAL]
6) Facility not vermin proof. Harborage or conditions conducive to attracting vermin to the premises and/or allowing vermin to exist.
7) Covered garbage receptacle not provided or inadequate, except that garbage receptacle may be uncovered during active use. Garbage storage area not properly constructed or maintained; grinder or compactor dirty.
8) Mechanical or natural ventilation system not provided, improperly installed, indisrepair and/or fails to prevent excessive build-up of grease, heat, steam condensation vapors, odors, smoke, and fumes.
9) Single service item reused, improperly stored, dispensed; not used when required.
"Allowing vermin to exist" continues to be an odd violation that even God would not be able to escape. No hand washing in the "toilet room" is downright disturbing, though.

• Gilt: ‘Eye-Opening’ Flavors and Filth
Michelin Stars: 2
Violation Points: 33
Current Grade: GRADE PENDING
Specialty: Lobster seasoned with vanilla and "prohibited chemicals."
Frank Bruni called the "esoteric" cuisine at this Madison Avenue powerhouse "eye-opening" and "eyebrow-raising." Just like its sanitary violations.

• Momofuku Ko: Close Quarters and Contaminates
163 1st Ave., at E 10th St.
Michelin Stars: 2
Violation Points: 26
Current Grade: GRADE PENDING
Specialty: Soft-boiled egg with hackleback caviar, drizzled with "toxic chemical."
The most rarefied of David Chang’s Momofuku empire, Ko is a tiny restaurant that seats 12, plus contaminates.

• Tori Shin: Chicken and ‘Filth Flies’
1193 1st Ave., at E 65th St.
Michelin Stars: 1
Violation Points: 25
Current Grade: B
Specialty: Tori sashimi (basically raw chicken sliced thinly) dotted with "filth flies."
As someone who is known to enjoy the occasional raw yakitori chicken dish, I admit that thought of an unsanitary yakitori kitchen is deeply unsettling.

• Laut: Intemperate Asian Fusion
15 E. 17th St., northeast of Union Square
Michelin Stars: 1
Violation Points: 21
Current Grade: GRADE PENDING
Specialty: Rendang curry with toasted coconut and questionable temperatures.

None of Manhattan’s 3-star restaurants fared worse than an "A" rating. The most unsanitary three-star restaurant was Le Bernadin, which had 13 violation points, including two critical violations for improper washing of food contact surfaces and equipment. The cleanest fine-dining restaurants were the Four Seasons Hotel (3 stars, 2 points); Marea (2 stars, 2 points); the Spotted Pig (1 star, 2 points); and Gramercy Tavern (1 star, 2 points).

FDA goes to court to force NY cheese plant cleanup; inspectors found bacteria flies maggots mold stagnant water

The U.S. Food and Drug Administration is asking a federal court to prevent a New York cheese manufacturer from operating because of a history of unsanitary conditions and producing cheese in a facility contaminated with Listeria monocytogenes.

According to a complaint for permanent injunction filed by the U.S. Department of Justice, Mexicali Cheese of Woodhaven, N.Y., and two of its officers, Edinson Vergara and Claudia Marin, produced cheese under persistent unsanitary conditions that contributed to widespread Listeria contamination in Mexicali Cheese’s facility.

In addition, the complaint, filed January 30 in the U.S. District Court for the Eastern District of New York, says that the New York State Department of Agriculture & Markets, Division of Milk Control and Dairy Services found similar unsanitary conditions in addition to product contamination.

Inspections over the last three years, which were set off by the finding of staphylococcal bacteria in a cheese sample in 2009, have turned up a long list of violations, including equipment that was covered in harmful bacteria; flies, maggots and mold in production areas; stagnant pools of dirty water on the floor; and rodent excrement in the supply rooms, the suit said.

Telephone calls to the company were not answered on Tuesday.

Mexicali Cheese Corporation, based at 91-52 87th Street, primarily distributes Mexican-style cheese to grocers in New York, New Jersey and Connecticut.

Inspectors from the New York State Department of Agriculture and Markets have visited the factory more than 30 times since 2009, according to the report, and F.D.A. inspectors have also made visits. Inspectors said they found listeria on a dolly used to transport cheese throughout the plant, on the aprons of food handlers and in a pool of liquid in a storage area.

During one inspection, an employee was seen putting cheese in his mouth, then continuing to work without changing his gloves. The suit also said that “employee food handlers were observed wiping perspiration from their faces with their forearms while wearing disposable gloves that only covered the hands up to the wrists, leaving bare forearms exposed and in direct contact with the ready-to-eat cheese being processed.”

In 2010, the F.D.A. found a batch of Mexicali’s “Queso Cotija” to be contaminated with staphylococcal bacteria, and the company voluntarily recalled the product. But later that year, and again in 2011, when inspectors found there was listeria in the facilities, the company would not recall the nearly 300 pounds of cheese that had been made on the day the samples were taken.

When pressed by inspectors, Ms. Marin said on both occasions that the cheese had most likely already been consumed, and that no one had reported any illness related to the product. According to the complaint, Mr. Vergara and Ms. Marin agreed that improvements to the plant were necessary, but in follow-up visits, inspectors noted that no changes had been made.

Mexicali Cheese makes and distributes a variety of soft Mexican cheeses to grocery stores and supermarkets in New York, New Jersey and Connecticut. Mexicali Cheese’s products include queso fresco [fresh cheese], queso oaxaca [Oaxacan cheese] and queso para freir [cheese for frying].

If entered by the court, the injunction would stop the company and its officers from manufacturing and distributing food until they can bring their operations into full compliance with the Federal Food, Drug, and Cosmetic Act and FDA food safety regulations.