Letter Grading

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Letter Grading

• New York City Health Code Amendment
• 81.51
• Rules of the City of New York Amendment
• Chapter 23 of Title 24

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Goals of New York CityLetter Grading

• Give consumers easier access to information about
  sanitary conditions in restaurants
• Improve restaurants food preparation practices
• Reduce restaurant-attributable food-borne illness

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NYC Hospital Discharges for Food Poisoning
Attributable to Dining Out
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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.
• The re-inspection rate has fluctuated between
  about 20 and 30 since 2005.

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Statement of Basis and Purpose

• 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.

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Grade Posting Helps Improve Restaurants Sanitary
Practices
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Establishments Subject to Letter Grading in NYC

• Restaurants
• Coffee shops
• Bars
• Nightclubs
• Most cafeterias
• Fixed-site food stands

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Establishments Not Subject to Grading

• Mobile food vending units
• Temporary food service establishments
• Food service establishments operated by primary
  or secondary schools
• Hospital-operated cafeterias
• Correctional facilities
• 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

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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.
• 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.
• 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.

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What Grades Mean, and When They Are Issued

• A 13 points or less on
• an Initial or Re-inspection

• B 14 27 points on a
• Re-inspection

• C 28 points or more on
• a Re-inspection

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What Grades Mean, and When They Are Issued

• Two types of Pre-permit Inspections
• Those conducted before 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.
• An establishment that passes its Pre-permit
  Inspection before opening for business will be
  graded on its first Initial Inspection or
  Re-inspection.

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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 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.

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Posting Letter Grades

• 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 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.

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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.

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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.

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

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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.

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Posting Letter Grades

• Grade cards must be posted
• 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
• 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.

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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.
• 0-13 points ? about a year
• 14-27 points ? 150 to 210 days after
  Re-inspection
• 28 or more points ? 90 to 150 days after an
  Inspection Cycle ends

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Frequently Asked Questions
A Review of Grading Rules
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Has letter grading changed the inspection process?

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

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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
• Food Service Establishment Self Inspection
  Worksheet
• Guide to Condition Levels for Food Service
  Establishments.

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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.
• 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.

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How do grades correspond to inspection scores?

• A 0-13 points

• B 14-27 points

• C 28 points

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When are grade cards issued and when must they be
posted?

• On Initial Inspection
• Only A graded establishments will receive a grade
  card, which must be posted immediately.
• Re-inspection
• A, B or C grades may be issued.
• 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.

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When are grade cards issued and when must they be
posted?

• 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 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.

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

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

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How often are restaurants graded?

• The interval between inspection cycles depends on
  the sanitary condition of the restaurant
• 0-13 points ? about a year
• 14-27 points ? 150 to 210 days after the
  Re-inspection
• 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.
• The Health Department will inspect a restaurant
  about every 30 days until it scores less than 28
  points or is closed.

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How can restaurants practice A-grade food safety?

• Always have a Food Protection Certificate holder
  supervising food workers.
• Train all food workers in food safety.

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

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For More Information

• The Health AcademyEast Harlem Multi-Service
  Center Second Floor413 East 120 StreetNew York,
  NY 10035917-492-6990

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Quality Improvement Food Protection Certificate
Course

• Teaches food service operators active managerial
  control.
• 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.
• The Health AcademyEast Harlem Multi-Service
  Center, 2nd Floor413 East 120 StreetNew York,
  NY 10035917 492 6990

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How can restaurants practice A-grade food safety?

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

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How can restaurants practice A-grade food safety?

• 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.

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What are the most commonly cited violations?

• 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.

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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.

Before
After

• Install rodent proof door sweeps on external
  doors.

• Clean grease, oil and food particles from all
  surfaces.

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

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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
• Health Code on acceptable
• materials for food preparation and
• kitchen surfaces.
• Make sure all surfaces are smooth and
• cleanable.
• Keep surfaces clean and sanitary.

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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.
• Contract with a well-qualified pest control
  professional licensed to work in restaurants.
• Maintain a harborage-free and vermin-proof
  restaurant.
• Make sure all surfaces are clean, dry and free of
  debris.
• Store food and garbage in vermin proof
  containers.

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What are the most commonly cited violations?

• 4. Improper
• temperature holding
• of food (2B 2G)
• Review rules/Health Code for proper temperature
  holding procedures.
• Track food from hot or cold storage always know
  how long it has been out.

• Monitor temperature of food
• in cold and hot storage.

• Make sure cold and hot holding equipment is
  functioning
• properly and able to maintain food at
  temperature.

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What are the most commonly cited violations?

• 5. Plumbing maintenance, backflow, sewage and
  drainage problems (10B)

• Monitor condition of all
• plumbing fixtures and make
• immediate repairs.

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

• Clean and maintain grease traps.

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What are the most commonly cited violations?

• 6. Food surfaces not
• properly maintained (6D)
• Maintain all cutting
• surfaces making sure
• they can be properly
• sanitized.
• Repair or replace pitted or deeply grooved
  cutting boards.
• 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.

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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
• times prior to being served.
• 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).

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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).

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

• The Health Department removes the grade card
• and posts a closure sign.
• If the closure occurs on an Initial Inspection,
• the restaurant posts a Grade Pending card
• 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
• 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.

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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.

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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.
• 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. 
• Letter grade cards may not be removed except when
  authorized by the department.

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Grade Card Posting Penalties

• 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.
• 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.
• 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.

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The Grade Card
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The Grade Card
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The Grade Card
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The Grade Card
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Feel Free to Call Us

• If you have any questions, call 311.