Food Manufacturer

How to Avoid a Violation:

• Ensure the space (building or lot) you own or rent has a current Certificate of Occupancy on file with the Department of Buildings (DOB).
• If you own or rent a space constructed before 1938, make sure your space has a Letter of No Objection from the Department of Buildings (DOB).
• If you plan to change the use, egress, or occupancy of your space, make sure the property owner has filed for an amended Certificate of Occupancy.
• Verify that your type of business is consistent with the use authorized by the Certificate of Occupancy.
• Do not own or operate any business in a space where it is not authorized, or in a zoning district where it is not allowed.

Additional Information:

• Certificate of Occupancy
• Buildings Information System
• Know Your Zoning District
• Find Your DOB Borough Office
• Resolve a Summons or Violation

Legal Basis: 

NYC Construction Code  §28-118

Violation Type:

Consumer Protection

How to Avoid​ a​​ ​Violation:

• ​​Ensure​​​ your sales ads and practices are not false or misleading. 
• ​​Clearly display the pre-sale price f​​or any item ​you ​list​ed​ as “on sale”​.​
• ​​Maintain​​ ​reasonable quantities of the item available before advertising the sale.

Legal Basis:

NYC Administrative Code §20-700

Violation Type: Pricing

How to Avoid ​a​​​ Violation:

• ​​Label a​​​ll sale ​items ​with a​ clearly visible price.
• ​​​P​​rice​ tags ​​​must be attached to the item​,​ or on a sign where the item is displayed.

Additional Information:

• Inspection Checklist: General Retail

Legal Basis:

NYC Administrative Code §20-708

Violation Type: Receipts and Refunds

How to Avoid ​a​​​ Violation:

• Give receipts to customers for purchases over $20​,​ and upon request for purchases between $5 and $20.
• For food or drink that is meant to be consumed at your business, ​provide receipts upon request if the purchase is more than $5.
• Make sure receipts are complete and correct. Receipts must show:
  • Your business name and address​.​ ​ ​​​​
  • Department of Consumer and Worker Protection (​DCWP​)​ license number​ for your business.​​
  • Amount of money paid for each item.
  • Total amount the customer paid, including a separate line for tax.
  • Date of the purchase
  • Make and model of audio, photographic​,​ or video equipment that costs more than $100.

Additional Information:

• Inspection Checklist: General Retail

Legal Basis: 

Rules of the City of New York: Title 6 §5-32

Rules of the City of New York: Title 6 §1-05

Violation Type: Weights and Measures

How to Avoid ​a​​ ​Violation:

• ​​Ensure​​​ products in packages have a label with the name and address of the manufacturer, packer​,​ or distributor.
• Pre-packaged foods must have a label that includes all of the following information:   
  • Name of the product. 
  • Name and address of the manufacturer.
  • Weight or quantity of food in the package. 
  • Expiration or sell-by date.

Additional Information:

• Inspection Checklist: Supermarkets, Bodegas and Delis

Legal Basis:

Food Labeling | Agriculture and Markets (ny.gov)

Rules of the City of New York: Title 6 §4-112(b)

Violation Type: Receipts and Refunds

How to Avoid ​a​​​ Violation:

• Post your refund policy at each register, at the point of sale, or at each entrance.
• If your policy is not to give refunds, post a sign that says “No Refunds.”  

Additional Information:

• Inspection Checklist: General Retail

Legal Basis:

Rules of the City of New York: Title 6 §5-37

How to Avoid a Violation: 

• To avoid unnecessary and disruptive noise, ensure ​circulation devices (​for example ​​e.g.​, air conditioners, HVACs, etc.) are well maintained​ to avoid disruptive noises​​.

Additional Information:

• New York City's Noise Code Guide
• Noise Control for Building Interior Heating, Ventilation, and Air Conditioning Equipment Guidance Sheet
• Information About the Noise Code

Legal Basis:

Circulation devices  §24-227

How to Avoid​ a​​ ​Violation:

• B​usiness​es​ that generate​​ fats, oils, and/or grease (​for example ​ restaurants, food handling operations, hospitals, day care, and senior centers) ​are ​​​required to have a properly sized grease interceptor to prevent  ​materials from entering and clogging sewer lines.
• Businesses must also clean and maintain their grease interceptor(s) as often as ​needed ​​​to ensure that the amount of fat, oil, and/or grease does not exceed the ​25% of the total liquid depth or ​rated capacity of the grease interceptor​.

Additional Information:

• Disposing of Grease
• Watch a short video to learn about grease interceptors
• Grease Interceptor Information

Legal Basis:

Use of the Public Sewers §19

How to Avoid ​a ​Violation:

• Owners of boilers with a capacity of 350,000 BTUs or higher must register their equipment every three years.
• Building owners​ or ​​​managers who meet this threshold should ​consult a with a design professional or a Licensed Master Plumber ​discuss their building heating system.

Additional Information:

• Air Pollution & Regulation
• Boiler FAQ
  

Legal Basis:

Registrations §24-109 

How to Avoid ​a​​ ​Violation:

• It is unlawful to use any sound reproduction device​,​ such as speakers or a radio​,​ for commercial or business advertising purposes to ​draw​​ ​attention to your merchandise or for any performance.
• Business owners ​are prohibited from ​plac​ing​​​ speakers near or outside​​ doors or windows to attract customers into the premises​.​​​​ This​ includ​es​​ playing such devices ​inside the establishment ​so t​he sound ​​can be heard outside in ​public​ areas​​​.

Additional Information:

• New York City's Noise Code Guide
• Information About the Noise Code
• Watch ​this​​ short video to ​learn more ​about playing music in commercial establishments​

Legal Basis:

Sound reproduction devices §24-244

​​Code: 2G​

​​Violation Type: Food Temperature​

How to Avoid ​a​​​ Violation:

• Review ​and follow ​Health Department rules for Temperature-Holding Requirements.
• ​​Ensure​​ equipment used to hold cold food is working properly.
• Use thermometers to monitor the temperature of foods in cold storage.
• ​​​Calibrate your thermometer for correct use and maintenance.
• Monitor food taken from cold storage and record how long it is out.
• Regularly evaluate your staff’s performance and ​train​​​ them on food safety practices and cleanliness. 

Additional Information:

• Watch a Short Food Safety Video to learn about temperature and time​.​
• What to Expect When You’re Inspected: A Guide for Food Service Operators
• Information for Food Service Operators
• Food Safety and Inspection Regulations
• Food Protection Certificate

Legal Basis: 

NYC Health Code §81.09

Code: 8A

Violation Type: Vermin and Garbage

How to Avoid ​a​​​ Violation:

• Seal all cracks, crevices, and holes in walls, cabinets, and doors to prevent rodents, cockroaches, and flies from entering.
• Install rodent-proof door sweeps on outside doors.
• Store food and garbage in pest-proof containers.
• Clean grease, oil, and food particles from all surfaces and equipment, including the floor underneath. Mop floors and clean surfaces before opening each morning.
• Keep range hoods clean and grease-free.
• Contract ​​a pest control professional licensed to work in restaurants.
• ​​Regularly evaluate​ ​staff performance and​ train​​​ them on food safety practices and cleanliness. 

Additional Information:

• What to Expect When You’re Inspected: A Guide for Food Service Operators
• Information for Food Service Operators
• Information about Pest Control in Restaurants

Legal Basis: 

NYC Health Code §81.23

Code: 6D

Violation Type: Personal Hygiene and Other Food Protection

How to Avoid the Violation:

• Clean and sanitize all food preparation surfaces after each use; remove caked-on food.
• Repair or replace deeply-grooved cutting boards and chipped or broken surfaces so they can be properly sanitized.
• Regularly evaluate staff performance and coach them on food safety practices and cleanliness.
• Require staff that handle food to obtain a Food Protection Certificate.

Additional Information:

• What to Expect When You’re Inspected: A Guide for Food Service Operators
• Information for Food Service Operators
• Food Safety and Inspection Regulations

Legal Basis:

 NYC Health Code §81.27

​​Code: 4K, 4L, 4M, 4N​

​​Violation Type: Food Protection​

How to Avoid ​a​​​ Violation:

• Read Health Department guidance on How to Control Pests in Your Restaurant.
• Seal all cracks, crevices, and holes in walls, cabinets, and doors to prevent rodents, cockroaches, and flies from entering.
• Install rodent-proof door sweeps on outside doors.
• Store food and garbage in pest-proof containers.
• Clean grease, oil, and food particles from all surfaces and equipment, including the floor underneath. Mop floors and clean surfaces at opening and throughout the day.
• Keep range hoods clean and grease-free.
• Contract ​​a pest control professional licensed to work in restaurants.
• ​​Regularly evaluate staff performance and ​train​​ them on food safety practices and cleanliness. 

Additional Information:

• What to Expect When You’re Inspected: A Guide for Food Service Operators
• Information for Food Service Operators
• Information about Pest Control

Legal Basis:

 NYC Health Code §81.23

Code: 6C

Violation Type: Personal Hygiene and Other Food Protection

How to Avoid ​a​​​ Violation:

• Review Health Department rules for Temperature-Holding Requirements.
• Keep food covered until served.
• Keep food separated by temperature and type.
• Separate potentially hazardous foods (​such as​​ raw poultry) from ready-to-eat items (​such as​ salad mix) to avoid cross contamination. 
• Follow guidelines for proper​ty ​storage location in cooling units​:​ ​(for example​​, ready to eat on top shelves, meat, poultry and fish on bottom​)​.  
• Regularly evaluate your staff’s performance and​ train​​​ them on food safety practices and cleanliness. 
• ​​Require​​​ all staff ​who​​ ​handle food​ to​ obtain a Food Protection Certificate.

Additional Information:

• What to Expect When You’re Inspected: A Guide for Food Service Operators
• Information for Food Service Operators
• Food Safety and Inspection Regulations

Legal Basis: 

NYC Health Code §81.07

How to Avoid ​a​​​ Violation:

• Ensure​​ ​you have a supervisor or manager ​on duty ​who holds a Food Protection Certificate from the NYC Health Academy, ​when​​ your restaurant is receiving or preparing food​,​ and when ​open to the public.
• ​​Require​​​ all employees who handle food ​to​ obtain a Food Protection Certificate so more staff are trained in food safety. 
• ​​Coach​​​ your supervisors to conduct regular self-inspections using guidance in the Guide for Food Service Operators.
• Regularly evaluate your staff’s performance and ​train ​​​them on food safety practices and cleanliness. 

Additional Information:

• NYC Health Academy
• What to Expect When You’re Inspected: A Guide for Food Service Operators
• Information for Food Service Operators
• Food Safety and Inspection Regulations

Legal Basis: 

NYC Health Code §81.09

​​Code: 2B​

​​Violation Type: Food Temperature​

How to Avoid ​a​​​ Violation:

• Review Health Department rules for Temperature-Holding Requirements.
• ​​​Ensure​​​ equipment used to hold hot food is working properly.​​​
• ​​​​Check water levels on hot bars.  ​​​​
• ​​Use thermometers to monitor the temperature of foods in hot storage.​
• ​​Calibrate your thermometer for correct use and maintenance.
• Track food removed from hot storage and record how long it is out.

Additional Information:

• Watch a Short Food Safety Video to learn about temperature and time
• What to Expect When You’re Inspected: A Guide for Food Service Operators
• Information for Food Service Operators
• Food Safety and Inspection Regulations

Legal Basis: 

NYC Health Code §81.09

Code: 6D

Violation Type: Personal Hygiene and Other Food Protection

How to Avoid the Violation:

• Clean and sanitize all food preparation surfaces after each use; remove caked-on food.
• Repair or replace deeply-grooved cutting boards and chipped or broken surfaces so they can be properly sanitized.
• Regularly evaluate staff performance and coach them on food safety practices and cleanliness.
• Require staff that handle food to obtain a Food Protection Certificate.

Additional Information:

• What to Expect When You’re Inspected: A Guide for Food Service Operators
• Information for Food Service Operators
• Food Safety and Inspection Regulations

Legal Basis:

 NYC Health Code §81.27

​​Code: 10B​

​​Violation Type: Facility Maintenance​

How to Avoid ​a​​ ​Violation:

• Review Health Department Rules on acceptable materials and equipment you need to have and maintain.
• Monitor all plumbing fixtures and make needed repairs immediately.
• ​​Ensure​​ ​plumbing is fitted with approved devices (​for example​​​, valves, anti-siphonage pieces, and vacuum breakers) to prevent backflow.
• Clean and maintain grease traps.
• Make sure ​equipment​ and​​ ​floor​ have proper drainage.
• ​​Maintain a properly functioning​ sewage disposal system​.

Additional Information:

• What to Expect When You’re Inspected: A Guide for Food Service Operators
• Information for Food Service Operators

Legal Basis: 

NYC Health Code §81.21

Code: VC20

Violation Type: Inspection and Testing

How to Avoid a Violation:

• Test your fire suppression systems tested after installation.
• Schedule appointments for periodic systems testing. 
• Keep your records up to date.
• Ensure records are readily available for a FDNY representative upon request.
• Have appropriate Certificate of Fitness holders.

Additional Information:

• NYC Fire Department Inspections
• NYC Fire Code
• NYC Fire Code Guide
• NYC Fire Department Permits 
• FDNY Business Login 

Legal Basis: 

NYC Fire Code §107.1

How to Avoid a Violation:

• ​​Maintain​ proper fire safety/prevention supervision of storage, handling, and use.
• Keep your records up to date.
• ​​Ensure​ records are ​readily ​available for ​a ​FDNY representative upon request.

Additional Information:

• Certificate of Fitness
• NYC Fire Code Guide
• NYC Fire Code
• FDNY Business Login

Legal Basis: 

NYC Fire Code §113.1

Code: VC3

Violation Type: Permits

How to Avoid the Violation:

• Make sure to obtain the proper permits.
• Remember to renew the permits.
• Be sure to save the receipt after paying the bill for the permit.

Additional Information:

• NYC Fire Department Permits
• NYC Fire Code
• FDNY Business Login
• NYC Fire Code Guide

Legal Basis: 

NYC Fire Code §105.6

Code: VC5

Violation Type: Record Keeping

How to Avoid a Violation:

• Keep your records up to date.
• ​​Ensure​​​ all records are ​readily ​available for ​a ​FDNY representative at inspection.
• Have appropriate Certificate of Fitness holders​.​ 

Additional Information:

• NYC Fire Code Guide
• NYC Fire Code
• NYC Fire Department Permits 
• FDNY Business Login 
• Certificate of Fitness

Legal Basis: 

NYC Fire Code §107.7

Code: VC12

Violation Type: Fire Protection Systems

How to Avoid a Violation:

• Repair defective Fire Protection System(s).
• Have ​an ​appropriate Certificate of Fitness Holder​.​

Additional Information:

• NYC Fire Code Guide
• NYC Fire Code
• NYC Fire Department Permits 
• FDNY Business Login 
• Certificate of Fitness
• Fire Alarm Systems Installation, Inspection, Testing and Service Company Recognition

Legal Basis:

 NYC Fire Code §901.6

Code: VC6

Violation Type: Signs, Postings, Notices, and Instructions

How to Avoid the Violation:

• Ensure all signs, postings, notices, and instructions are visible and available for inspection.
• Keep your signs, postings, notices, and instructions up to date.
• Have an appropriate Certificate of Fitness holder.

Additional Information:

• NYC Fire Code Guide
• NYC Fire Code 
• Certificate of Fitness

Legal Basis: 

NYC Fire Code (varies with materials on premises)

How to Avoid a ​​Violation:

• Keep sidewalks and adjacent areas clean. These areas include gutters (18 inches from the curb into the street), tree pits and grass strips, driveways, alleys, parking lots, front and backyards, and open storage areas. These spaces must be kept clear of anything that could obstruct pedestrian traffic, including garbage, waste receptacles, merchandise, or A-frame signs. 

Additional Information:

• Information about Sidewalks and Cleaning Laws

Legal Basis:

NYC Administrative Code  §16-118(2)(a)

How to Avoid ​​a ​Violation:

• Place receptacles or bags containing solid waste or recyclables out at the curb for collection after 8:00 PM prior to scheduled collection.
• Materials ​in receptacles with a tight-fitting lid, and designated recyclable paper that is tied and bundled securely without a container, may be placed out for collection at the curb no earlier than one hour before closing, provided that the scheduled collection occurs before the establishment next reopens for business.
• Any receptacle placed out for collection must be removed from the curb no later than the time the commercial establishment next reopens for business.

​​NOTE: ​Commercial establishments that receive off-street collection, including collection from inside a loading dock, are exempt from these requirements. ​ 

• Setout Times 
  https://www.nyc.gov/assets/dsny/site/services/collection-setout-times

Legal Basis:

Rules of the City of New York Title 16 §1-02.1 (b) 
https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-132489

How to Avoid ​a​ Violation:

• Recycle, at a minimum, all bulk metal, corrugated cardboard, office paper, magazines, catalogs, phone books, newspaper, and textiles (if over 10 percent of your waste stream).
• Set out trash in black bags or covered bins and bundle recyclables in labeled covered bins or clear plastic bags.

Additional Information:

• Recycling for Businesses 

Legal Basis: 

Rules of the City of New York: Title 16 §1-10

How to Avoid ​a Violation:

• ​​Do not use trash or recycling receptacles belonging to others without their permission​.​​
• ​​D​​o not place garbage or recycling in front of any premises other than your own.

Additional Information:

Collection and Setout Laws for Businesses

Legal Basis:

NYC Administrative Code §16-120(a)

How to Avoid ​a ​​​Violation:

Post a ​clearly labeled decal that ​states the name of the private carter ​that has been hired to provide services, the type of service rendered ​(​for example, ​garbage collection, source-separated recycling, co-collection of recycling or single-stream collection of recycling)​,​ and the days and times the service(s) is provided. The NYC Department of Sanitation does not collect commercial waste. 

Additional Information: 

• Private Carter Guidelines 
• Collection and Setout Laws for Businesses

How to Avoid a Violation:  

• Clean snow and/or ice from the sidewalk after the snow has stopped falling. 
• Do not shovel snow into the street. 
• ​​Snow-melting material such as sand or salt may be used if the snow or ice becomes frozen and cannot be cleared from the sidewalk.

Additional Information:

• Cleaning Laws
• Snow Laws

Legal Basis:

 NYC Administrative Code §16-123 

How to Avoid ​a Violation:

• Do not dispose of automotive or car batteries with trash or recycling. Improper disposal of automotive or car batteries is illegal. ​

Additional Information:

• Battery Disposal
• NYDEC Lead-Acid Batteries 

Legal Basis:

NYS Environmental Conservation Law § 27-1701(3)

How to Avoid ​a​ Violation:

• Do not dispose of any materials considered to be electronic waste with trash or recycling.​​ Improper disposal of electronic waste is illegal. ​
• NOTE: Only certain items qualify as e-waste under the NYS Electronic Equipment Recycling and Reuse Act

Additional Information:

• Electronics (E-Waste) Disposal 
• NYDEC Electronics Waste Recycling  
  

Legal Basis:

Rules of the City of New York: Title 16 §1-04.2 

How to Avoid ​a ​​Violation:

• Do not allow noxious liquids to fall on any public place run into the street.

Additional Information:

• Harmful Product Disposal 
  
• Cleaning Laws
  

Legal Basis:

NYC Administrative Code §16-118(3) 

How to Avoid​ a​​ Violation:

• Do not dispose of commercial refuse or liquids in DSNY litter baskets. Sanitation litter baskets are designed for light waste and for use by pedestrians only. 
• Do not use litter baskets to display merchandise or wares.

Additional Information:

• Collection and Setout Laws for Businesses

Legal Basis:

NYC Administrative Code §16-120(e)

How to Avoid a Violation:

• Securely bundle, tie, or package waste and recycling before placing out for collection to avoid it being blown away or scattered on the street.

Additional Information:

• Cleaning Laws

Legal Basis: 

NYC Administrative Code §16-120(3)(d)

How to Avoid the Violation:

• Do not place items like boxes, barrels, garbage containers, or movable property like ATMs on a public street. It is illegal. 
• NOTE: Construction containers are allowed with an appropriate permit.

Additional Information:

• Information on Sidewalk and Street Obstructions 
  

Legal Basis:

NYC Administrative Code §16-122(b)