BAGEL MARKET NEW YORK

GRADE Z

Tuesday, September 16, 2025

Overview

BAGEL MARKET NEW YORK in Midtown Times Square underwent a NYC health inspection on September 16, 2025 and scored 38 points. The inspection found 7 violations, including 7 critical.

Address
264 WEST 40 STREET
Manhattan, NY 10018
Cuisine
Bagels/Pretzels
Inspection Type
Pre-permit (Operational) / Re-inspection
Violations
7 total
⚠ 7 critical
Facility History
4 inspections
1 failures

Violations Cited

⚠ CRITICAL 06C

Food not protected from contamination

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.

⚠️ Why This Matters

Unprotected food exposed to bacteria, viruses, chemicals, and physical contaminants

📋 Code Requirements

Cover all food; store 6 inches off floor; protect from customer contamination; use sneeze guards

CDC Risk Factor: Contaminated Equipment/Protection from Contamination
NYC Health Code Article 81, Section 81.09
⚠ CRITICAL 02G

Cold TCS Food Held Above 41°F

Cold TCS food item held above 41 °F; smoked or processed fish held above 38 °F; intact raw eggs held above 45 °F; or reduced oxygen packaged (ROP) TCS foods held above required temperatures except during active necessary preparation.

⚠️ Why This Matters

DANGER ZONE GROWTH: Between 41-70°F, E. coli doubles every 30 minutes. Salmonella doubles every 20 minutes at 70-90°F. After just 4 hours above 41°F, bacteria levels can cause severe illness including bloody diarrhea, kidney failure (E. coli), and typhoid fever (Salmonella).

📋 Code Requirements

Keep all cold TCS foods at 41°F or below (smoked fish 38°F, shell eggs 45°F). Monitor with calibrated thermometer every 2-4 hours. Ice baths must surround container to food level. Repair refrigeration immediately. DISCARD foods above 41°F for over 4 hours.

CDC Risk Factor: Improper Holding/Time & Temperature
NYC Health Code Article 81, Section 81.09(c)
⚠ CRITICAL 08A

Facility Not Free from Harborage Conditions

Establishment is not free of harborage or conditions conducive to rodents, insects or other pests.

⚠️ Why This Matters

PEST ATTRACTION: Harborage conditions support pest infestations. Gaps allow entry of rodents carrying 35+ diseases. Standing water breeds flies that spread 100+ pathogens. Clutter provides nesting for pests. Creates ongoing contamination risk.

📋 Code Requirements

Eliminate ALL harborage conditions: Seal cracks/holes (1/4 inch for mice, 1/2 inch for rats), Fix leaking pipes, Remove clutter/unused equipment, Eliminate standing water, Clean grease accumulation, Maintain 6 inches clearance from walls, Remove cardboard storage.

CDC Risk Factor: Environmental Contamination
NYC Health Code Article 81, Section 81.17
⚠ CRITICAL 20-08

Failure to post or conspicuously post healthy eating information Hot TCS food item not held at or above 140 °F. 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. Food allergy information poster not conspicuously posted where food is being prepared or processed by food workers. Properly scaled and cali

Failure to post or conspicuously post healthy eating information

⚠️ Why This Matters

HEALTH HAZARD: This critical violation creates immediate risk of foodborne illness. Studies link Failure to post or conspicuously post he to bacterial contamination and outbreak events. Must be corrected immediately to protect public health.

📋 Code Requirements

Follow NYC Health Code Article 81 requirements. Implement corrective action immediately. Document all corrections. Train staff on proper procedures. Schedule follow-up inspection if critical.

⚠ CRITICAL 05D

Hand Washing Facility Not Properly Equipped

No hand washing facility in or adjacent to toilet room or within 25 feet of a food preparation, food service or ware washing area. Hand washing facility not accessible, obstructed or used for non-hand washing purposes. No hot and cold running water or water at inadequate pressure. No soap or acceptable hand-drying device.

⚠️ Why This Matters

HEALTH HAZARD: This critical violation creates immediate risk of foodborne illness. Studies link Hand Washing Facility Not Properly Equip to bacterial contamination and outbreak events. Must be corrected immediately to protect public health.

📋 Code Requirements

Provide immediately at ALL handwash sinks: Hot water (100-120°F), Soap in dispensers, Paper towels or air dryers, Trash receptacles, Signage, Keep accessible at all times. Check supplies hourly. Assign staff to monitor and restock.

CDC Risk Factor: Poor Personal Hygiene - #1 CDC Risk Factor
NYC Health Code Article 81, Section 81.19
⚠ CRITICAL 10B

Plumbing Not Properly Installed or Maintained

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.

⚠️ Why This Matters

WATER CONTAMINATION: Backflow can siphon sewage into water supply, contaminating entire facility. Cross-connections spread pathogens throughout plumbing. Sewage backups create immediate health hazard. Can affect hundreds through contaminated water.

📋 Code Requirements

Install backflow preventers on ALL required fixtures. Maintain air gaps (2x pipe diameter minimum). Fix all leaks immediately. Ensure proper drainage - no standing water. Regular plumbing inspection. No direct connections between sewage and water supply.

CDC Risk Factor: Environmental Contamination
NYC Health Code Article 81, Section 81.23
⚠ CRITICAL 04N

Filth Flies Present in Food Areas

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.

⚠️ Why This Matters

RAPID CONTAMINATION: Flies carry 100+ pathogens on feet and bodies. One fly transfers 2 million bacteria per landing. Feed by vomiting on food. Can contaminate entire prep area in minutes. Major vector for E. coli, Salmonella, Shigella transmission.

📋 Code Requirements

Eliminate breeding sites: Clean drains daily, Remove standing water, Empty garbage frequently, Install air curtains/screens, Use fly lights away from food, Clean up spills immediately, Locate and eliminate larval breeding sites (drains, garbage, produce).

CDC Risk Factor: Contaminated Equipment/Environmental
NYC Health Code Article 81, Section 81.17
Inspector's Action:

Violations were cited in the following area(s).

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BAGEL MARKET NEW YORK — Inspection Questions

Did BAGEL MARKET NEW YORK pass their NYC health inspection on September 16, 2025?
BAGEL MARKET NEW YORK underwent inspection on September 16, 2025 with a score of 38 points. The inspection found 7 violation(s).
What critical violations did BAGEL MARKET NEW YORK have?
BAGEL MARKET NEW YORK had 7 critical violation(s) during their inspection. Critical violations directly contribute to foodborne illness and must be corrected immediately. These include issues with temperature control, hand washing, cross-contamination, and pest infestations.
What does violation code 06C mean in NYC restaurant inspections?
NYC violation 06C (Food not protected from contamination) is a critical violation. All food must be protected from contamination during storage, prep, display and service Unprotected food exposed to bacteria, viruses, chemicals, and physical contaminants
What does violation code 02G mean in NYC restaurant inspections?
NYC violation 02G (Cold TCS Food Held Above 41°F) is a critical violation. Cold potentially hazardous foods must be kept at 41°F or below (38°F for smoked fish) to prevent bacterial growth. DANGER ZONE GROWTH: Between 41-70°F, E. coli doubles every 30 minutes. Salmonella doubles every 20 minutes at 70-90°F. After just 4 hours above 41°F, bacteria levels can cause severe illness including bloody diarrhea, kidney failure (E. coli), and typhoid fever (Salmonella).
What does violation code 08A mean in NYC restaurant inspections?
NYC violation 08A (Facility Not Free from Harborage Conditions) is a major violation. Conditions exist that attract or allow pests to harbor in establishment. PEST ATTRACTION: Harborage conditions support pest infestations. Gaps allow entry of rodents carrying 35+ diseases. Standing water breeds flies that spread 100+ pathogens. Clutter provides nesting for pests. Creates ongoing contamination risk.
What does violation code 20-08 mean in NYC restaurant inspections?
NYC violation 20-08 (Failure to post or conspicuously post healthy eating information Hot TCS food item not held at or above 140 °F. 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. Food allergy information poster not conspicuously posted where food is being prepared or processed by food workers. Properly scaled and cali) is a critical violation. Failure to post or conspicuously post healthy eating information Hot TCS food item not held at or above 140 °F. 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. Food allergy information poster not conspicuously posted where food is being prepared or processed by food workers. Properly scaled and calibrated thermometer or thermocouple not provided or not readily accessible in food preparation and hot/cold holding areas to measure temperatures of TCS foods during cooking, cooling, reheating, and holding. Failure to maintain a sufficient supply of single-use, non-compostable plastic straws. “Choking first aid” poster not posted. “Alcohol and Pregnancy” warning sign not posted. Resuscitation equipment: exhaled air resuscitation masks (adult & pediatric), latex gloves, sign not posted. 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. Cold TCS food item held above 41 °F; smoked or processed fish held above 38 °F; intact raw eggs held above 45 °F; or reduced oxygen packaged (ROP) TCS foods held above required temperatures except during active necessary preparation. Establishment is not free of harborage or conditions conducive to rodents, insects or other pests. HEALTH HAZARD: This critical violation creates immediate risk of foodborne illness. Studies link Failure to post or conspicuously post he to bacterial contamination and outbreak events. Must be corrected immediately to protect public health.
What does violation code 05D mean in NYC restaurant inspections?
NYC violation 05D (Hand Washing Facility Not Properly Equipped) is a critical violation. No hot water, soap, or paper towels at hand washing sink. Sink blocked or not accessible. HEALTH HAZARD: This critical violation creates immediate risk of foodborne illness. Studies link Hand Washing Facility Not Properly Equip to bacterial contamination and outbreak events. Must be corrected immediately to protect public health.
What does violation code 10B mean in NYC restaurant inspections?
NYC violation 10B (Plumbing Not Properly Installed or Maintained) is a major violation. Anti-siphonage or back-flow prevention device not provided. Sewage disposal system in disrepair. WATER CONTAMINATION: Backflow can siphon sewage into water supply, contaminating entire facility. Cross-connections spread pathogens throughout plumbing. Sewage backups create immediate health hazard. Can affect hundreds through contaminated water.
What does violation code 04N mean in NYC restaurant inspections?
NYC violation 04N (Filth Flies Present in Food Areas) is a critical violation. House flies, fruit flies, drain flies, or other filth flies present in establishment. RAPID CONTAMINATION: Flies carry 100+ pathogens on feet and bodies. One fly transfers 2 million bacteria per landing. Feed by vomiting on food. Can contaminate entire prep area in minutes. Major vector for E. coli, Salmonella, Shigella transmission.