Manhattan, NY — Pop Empanada Nyc, a Latin American restaurant located at 245 West 46th Street in Manhattan's Theater District, received a score of 28 during a New York City Department of Health and Mental Hygiene (DOHMH) inspection, placing it in Grade C territory. The inspection, conducted on October 1, 2024, identified one critical violation related to the absence of required food safety procedures for refillable containers.
What Inspectors Found
During the inspection, DOHMH inspectors cited Pop Empanada Nyc for a single critical violation under code 05H: the restaurant did not have an approved written standard operating procedure for avoiding contamination by refillable returnable containers.
This violation pertains to establishments that use containers which are returned by customers or reused in food service operations. Federal and local food safety regulations require that restaurants maintaining such containers have a documented, approved procedure in place to ensure that returned containers do not introduce contaminants into food products or preparation areas. The written procedure must outline specific steps for inspecting, cleaning, sanitizing, and safely reintegrating refillable containers into service.
No non-critical violations were documented during this inspection. The action recorded by DOHMH stated that violations were cited in the identified area.
Food Safety Context
The requirement for written standard operating procedures regarding refillable containers is grounded in both NYC Health Code Article 81 and the FDA Food Code. These regulations recognize that refillable and returnable containers can pose a contamination risk if not properly managed. Containers returned from customer use may carry biological, chemical, or physical contaminants that could compromise food safety if reintroduced into the food preparation or service chain without proper protocols.
NYC Health Code Article 81 requires food service establishments to maintain documented procedures for any processes that carry a food safety risk. The FDA Food Code similarly emphasizes the importance of written plans — such as standard operating procedures — as a foundational element of a food safety management system. These documents serve as both a training resource for staff and a verifiable record that an establishment has considered and addressed specific contamination risks.
A critical violation is defined by DOHMH as a condition that is most likely to contribute to food contamination, illness, or environmental health hazards. While a single critical violation may not indicate widespread food safety failures, it does represent an area where the restaurant must take corrective action to meet regulatory standards.
Inspection History
Pop Empanada Nyc has no prior inspection history available in the DOHMH public database. This may indicate that the October 2024 inspection was among the restaurant's initial inspections, or that prior records are not reflected in the current dataset.
It is worth noting that DOHMH inspection data is released on a rolling basis. This particular inspection was conducted on October 1, 2024, with the data made publicly available by DOHMH on March 6, 2026. Readers should be aware of this gap when evaluating the current status of the establishment.
Understanding NYC Restaurant Grades
New York City's restaurant grading system, administered by DOHMH, assigns letter grades based on the total violation points accumulated during an inspection. The scoring works as follows:
- Grade A: 0–13 points
- Grade B: 14–27 points
- Grade C: 28 or more points
A score of 28 places Pop Empanada Nyc at the threshold of a Grade C designation. Lower scores indicate fewer or less severe violations, while higher scores reflect more significant food safety concerns documented during the inspection.
Restaurants that receive a Grade B or C on an initial inspection are typically offered a re-inspection opportunity, during which they can demonstrate that violations have been corrected. The grade posted at the restaurant reflects the best outcome from the inspection cycle.
Consumers can look up the latest inspection results for any New York City restaurant through the DOHMH restaurant inspection database, available online at the NYC Open Data portal. The database provides detailed violation descriptions, scores, and grade histories for all inspected establishments.
For additional information about NYC restaurant inspection procedures and food safety standards, residents can visit the DOHMH website or call 311.
More About This Restaurant
View the full inspection history for Pop Empanada Nyc including all past inspections, violations, and grade changes.