Inspection conducted Mar 26, 2025 · Data released by DOHMH Feb 27, 2026
CRITICAL VIOLATIONS
Anita Gelato Cited for Violations, Gets Grade C - Manhattan
Published March 2, 2026 5:07 PM
1 PENN PLAZA, Manhattan, NY 10119 · Frozen Desserts
28
Violation Score A: 0-13 · B: 14-27 · C: 28+
Manhattan, NY — Anita Gelato, a frozen dessert shop located at 1 Penn Plaza in Midtown Manhattan, received a score of 28 during a health inspection conducted on March 26, 2025, placing it in Grade C territory under New York City's restaurant grading system.
Illustrative image — not a photo of the actual business
The inspection was carried out by the NYC Department of Health and Mental Hygiene (DOHMH), which cited the establishment for a non-critical violation related to equipment cleanliness and maintenance. The inspection data was released by DOHMH on February 27, 2026.
What Inspectors Found
During the March 2025 inspection, DOHMH inspectors identified one non-critical violation at the frozen dessert establishment:
Inspectors documented that non-food contact surfaces or equipment were made of unacceptable material, were not kept clean, or were not properly sealed, raised, spaced, or movable to allow accessibility for cleaning on all sides, above, and underneath the unit. This violation falls under DOHMH code 10F.
While this was the only violation recorded during the inspection, the resulting score of 28 points placed Anita Gelato at the threshold for a Grade C designation. No critical violations — those that pose an immediate risk to public health, such as improper food temperature control or evidence of pests — were cited during this inspection.
It is worth noting that the NYC inspection scoring system assigns different point values to different types of violations based on their severity and the conditions observed. A single violation can carry varying point values depending on the specific circumstances documented by inspectors at the time of the visit.
Food Safety Context
NYC Health Code Article 81 establishes the regulatory framework for food service establishments operating within the five boroughs. Under these regulations, all food service operators are required to maintain equipment and facilities in sanitary condition and good repair.
The FDA Food Code, which serves as a model for local jurisdictions across the country, similarly requires that equipment and non-food contact surfaces be designed, constructed, and maintained to be cleanable, resistant to damage, and free of accumulation of debris or residue. Equipment must be accessible for cleaning and inspection.
For frozen dessert operations specifically, maintaining clean and properly maintained equipment is important because residue buildup on surfaces near food preparation areas can create conditions that may compromise product quality over time. Regular cleaning schedules and proper equipment maintenance are standard operational requirements for establishments in this category.
Inspection History
No prior inspection history is available for Anita Gelato at this location in the DOHMH public records database. This March 2025 inspection represents the first recorded inspection for this establishment at 1 Penn Plaza.
The absence of prior inspection records may indicate that the business was newly opened at the time of the inspection, had recently changed ownership, or that earlier records are not available in the current public dataset. DOHMH typically conducts an initial inspection of new food service establishments and follows up with regular cycle inspections thereafter.
Understanding NYC Restaurant Grades
New York City's restaurant grading system, administered by DOHMH, assigns letter grades based on the total number of violation points recorded during an inspection:
Grade A: 0 to 13 points — indicates the fewest violations
Grade B: 14 to 27 points — indicates moderate violations
Grade C: 28 or more points — indicates the most violations recorded
Anita Gelato's score of 28 placed it at the minimum threshold for a Grade C. Restaurants that receive a Grade B or C on an initial inspection are entitled to a re-inspection, during which they have the opportunity to correct cited violations and potentially achieve a lower score.
Restaurants that disagree with their inspection results may also request a hearing before the DOHMH's Office of Administrative Trials and Hearings (OATH) to contest the findings.
Consumers can look up any restaurant's inspection history and current grade through the DOHMH restaurant inspection database, available online at the NYC Open Data portal. Grade cards are also required to be posted at restaurant entrances where they are visible to the public before entering.
CRITICAL Food, supplies, or equipment not protected from potential source of contamination during storage, preparation, transportation, display, service or from customer’s refillable, reusable container. Condiments not in single-service containers or dispensed directly by the vendor. (Code 06C)
CRITICAL Filth flies or food/refuse/sewage associated with (FRSA) flies or other nuisance pests in establishment’s food and/or non-food areas. FRSA flies include house flies, blow flies, bottle flies, flesh flies, drain flies, Phorid flies and fruit flies. (Code 04N)
Non-Critical Anti-siphonage or back-flow prevention device not provided where required; equipment or floor not properly drained; sewage disposal system in disrepair or not functioning properly. Condensation or liquid waste improperly disposed of. (Code 10B)
Non-Critical Failure to post or conspicuously post healthy eating information (Code 20-08)
Non-Critical Failure to post or conspicuously post healthy eating information (Code 20-08)
Non-Critical Failure to post or conspicuously post healthy eating information (Code 20-08)
Non-Critical Non-food contact surface or equipment made of unacceptable material, not kept clean, or not properly sealed, raised, spaced or movable to allow accessibility for cleaning on all sides, above and underneath the unit. (Code 10F)
Non-Critical Non-food contact surface or equipment made of unacceptable material, not kept clean, or not properly sealed, raised, spaced or movable to allow accessibility for cleaning on all sides, above and underneath the unit. (Code 10F)
Non-Critical Failure to post or conspicuously post healthy eating information (Code 20-08)
Non-Critical Failure to post or conspicuously post healthy eating information (Code 20-08)
Non-Critical Non-food contact surface or equipment made of unacceptable material, not kept clean, or not properly sealed, raised, spaced or movable to allow accessibility for cleaning on all sides, above and underneath the unit. (Code 10F)
Non-Critical Failure to post or conspicuously post healthy eating information (Code 20-08)
Non-Critical Failure to post or conspicuously post healthy eating information (Code 20-08)
Non-Critical Establishment is not free of harborage or conditions conducive to rodents, insects or other pests. (Code 08A)
Non-Critical Non-food contact surface or equipment made of unacceptable material, not kept clean, or not properly sealed, raised, spaced or movable to allow accessibility for cleaning on all sides, above and underneath the unit. (Code 10F)
Non-Critical Failure to post or conspicuously post healthy eating information (Code 20-08)
Non-Critical Anti-siphonage or back-flow prevention device not provided where required; equipment or floor not properly drained; sewage disposal system in disrepair or not functioning properly. Condensation or liquid waste improperly disposed of. (Code 10B)
CRITICAL Filth flies or food/refuse/sewage associated with (FRSA) flies or other nuisance pests in establishment’s food and/or non-food areas. FRSA flies include house flies, blow flies, bottle flies, flesh flies, drain flies, Phorid flies and fruit flies. (Code 04N)
CRITICAL Food, supplies, or equipment not protected from potential source of contamination during storage, preparation, transportation, display, service or from customer’s refillable, reusable container. Condiments not in single-service containers or dispensed directly by the vendor. (Code 06C)
Non-Critical Establishment is not free of harborage or conditions conducive to rodents, insects or other pests. (Code 08A)
Data Source: This report is based on official public inspection data from the NYC Department of Health and Mental Hygiene (DOHMH), released under the NYC Open Data program.
Editorial Process: Content generated using AI (Claude) to synthesize official inspection data into accessible reporting, then reviewed and verified for accuracy by our editorial team.
Professional Review: All content undergoes standards and compliance oversight by Christopher F. Nesbitt, Sr., NH EMT & BU-trained Paralegal, through Twin Digital Media's regulatory data auditing protocols.
Regulatory References: NYC Health Code Article 81, FDA Food Code (2022). NYC Restaurant Inspections is an independent public data reporting service. We are not affiliated with the City of New York.
| Last verified: April 28, 2026 | Our methodology
