Manhattan, NY — Vito's Slices And Ices, a pizzeria at 464 9th Avenue in Midtown Manhattan, received a Grade C with a score of 49 following a health inspection conducted on February 11, 2026. Inspectors documented one critical violation involving cold food held at improper temperatures, along with two non-critical violations.

The inspection data was released by the New York City Department of Health and Mental Hygiene (DOHMH) on February 27, 2026.

What Inspectors Found

The most significant finding was a critical violation for cold time/temperature control for safety (TCS) food items held above 41°F. Under NYC Health Code Article 81 and the FDA Food Code, cold TCS foods must be maintained at 41°F or below to prevent the growth of harmful bacteria. When cold foods are held above this threshold, the risk of foodborne illness increases as bacteria can multiply rapidly in the temperature range between 41°F and 135°F, commonly referred to as the "danger zone."

Inspectors also cited two non-critical violations during the visit:

The first involved anti-siphonage or back-flow prevention issues. The establishment was cited for not having proper back-flow prevention devices where required, or for equipment and floors not being properly drained. This type of plumbing-related violation can lead to cross-contamination between potable water supplies and wastewater if left unaddressed.

The second non-critical violation noted that a food allergy information poster was not conspicuously posted where food is being prepared or processed by food workers. NYC requires food service establishments to display allergy awareness information in food preparation areas to help staff identify and communicate about common allergens to customers who may be at risk.

Food Safety Context

Cold food temperature control is a foundational requirement in food safety regulation. The FDA Food Code classifies TCS foods — which include items such as dairy products, cut produce, cooked vegetables, and prepared foods — as requiring strict temperature management because they support the growth of pathogenic microorganisms.

NYC Health Code Article 81 establishes the regulatory framework for food service establishments operating in New York City. Under these regulations, inspectors assess establishments on a point-based system, with critical violations carrying higher point values than non-critical ones. A score of 49 reflects a significant accumulation of points, placing the establishment well into Grade C territory.

For a pizzeria, common TCS items that must be held at proper temperatures include shredded cheese, sliced vegetables, prepared sauces, and other toppings that require refrigeration.

Inspection History

The Grade C score of 49 represents a notable departure from the restaurant's recent inspection record:

  • December 5, 2024: Score 11 (Grade A)
  • February 1, 2024: Score 6
  • November 30, 2022: Score 5 (Grade A)
  • June 8, 2022: Score 23

The establishment had maintained consistently low scores across its previous four inspections, earning Grade A designations in its two most recent graded inspections. The December 2024 inspection, conducted just two months prior, resulted in a score of 11 — well within Grade A range. The jump from 11 to 49 represents a significant increase of 38 points.

Understanding NYC Restaurant Grades

New York City's restaurant grading system assigns letter grades based on the total points accumulated during an inspection. Points are assessed for each violation found, with critical violations receiving more points than non-critical ones. The grading scale is as follows:

  • Grade A: 0–13 points
  • Grade B: 14–27 points
  • Grade C: 28 or more points

A lower score indicates fewer or less severe violations, making Grade A the best possible outcome. Restaurants that receive a Grade B or C may request a re-inspection or adjudication hearing through the Office of Administrative Trials and Hearings (OATH).

Consumers can look up current grades and full inspection reports for any NYC restaurant through the DOHMH restaurant inspection database, available online. The inspection data referenced in this article reflects public records maintained by DOHMH and released as part of the city's open data initiative.

More About This Restaurant

View the full inspection history for Vito's Slices And Ices including all past inspections, violations, and grade changes.