New York enforces strict rules to uphold food safety in restaurants, bars and other food service establishments. That is, the New York City Health Department conducts random inspections of all establishments every year.
An “A” grade generally means a place is clean, safe and free from health code violations. Anything less than an A may indicate some deficiencies in sanitation or safety. Plus, establishments that receive lower grades are often subject to more inspections and fines.
So, what do you do if you receive a Health Department violation? Luckily, there are several ways to resolve it:
Cure the violation
New York allows certain first-time violators to “cure” their violations. Once you receive your summons from the Health Department, you can correct the violations therein.
For example, if the inspector cited “improper food storage temperature” as your violation, then you can immediately adjust the refrigerator to the correct temperature.
After correcting the mistake, you must submit proof and an affirmation form to the department before the specified deadline.
If the department decides your corrective action is sufficient, then it may not impose a fine against your business.
Contest the violations
You may be able to contest the violations outlined in your summons at the Office of Administrative Trials and Hearings (OATH). You can find your hearing date on the summons.
During the hearing, you can present your case before the judge. For example, suppose you received a violation for insufficient handwashing. You can contest it by showing photo evidence and maintenance records to prove compliance.
If successful, you may be able to avoid fines and other penalties. Consider working with a business law attorney who can guide you through this process. Their legal knowledge can be invaluable in defending your business, especially if you are unfamiliar with how health code violations work.
Settle the violation
The Health Department allows some restaurants to settle their violations before a hearing. However, settling your violation means admitting to it. If you decide to do so, your fine may be lower than the minimum recommended fine, and you do not have to attend a hearing.
Take health inspections seriously
Getting a low grade on a health inspection can not only lead to penalties—it can also tarnish your business’ reputation.
That said, it is highly advisable to take action as soon as you receive a violation. In doing so, you may be able to avoid fines and, most importantly, keep your customers safe.