CAFE 41

Thursday, October 17, 2024

Overview

CAFE 41 in Murray Hill Kips Bay underwent a NYC health inspection on October 17, 2024. The inspection found 10 violations, including 10 critical.

Address
222 EAST 41 STREET
Manhattan, NY 10017
Cuisine
Coffee/Tea
Inspection Type
Administrative Miscellaneous / Initial Inspection
Violations
10 total
⚠ 10 critical
Facility History
4 inspections

Violations Cited

⚠ 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 10H

Sanitization not provided for utensil washing

Single service article not provided. Single service article reused or not protected from contamination when transported, stored, dispensed. Drinking straws not completely enclosed in wrapper or dispensed from a sanitary device.

⚠️ Why This Matters

Unsanitized utensils transfer bacteria directly to customers' food and mouths

📋 Code Requirements

Use approved sanitizer at correct concentration; test strips required; proper contact time

CDC Risk Factor: Contaminated Equipment/Protection from Contamination
NYC Health Code Article 81, Section 81.21
⚠ CRITICAL 04L

Evidence of Mice Present in Facility

Evidence of mice or live mice in establishment's food or non-food areas.

⚠️ Why This Matters

WIDESPREAD CONTAMINATION: Mice produce 50-75 droppings daily, each containing Salmonella, Hantavirus. One mouse contaminates 10x more food than it eats through droppings and urine. Mouse allergens trigger asthma. Can infest entire facility in weeks.

📋 Code Requirements

Eliminate immediately: Clean all droppings with bleach solution, Seal ALL holes over 1/4 inch, Remove nesting materials, Professional treatment if >10 droppings found, Discard contaminated foods, Install traps/bait stations, Deep clean entire facility.

CDC Risk Factor: Contaminated Equipment/Environmental
NYC Health Code Article 81, Section 81.17
⚠ 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 10G

Dishwashing facilities inadequate

Dishwashing and ware washing: Cleaning and sanitizing of tableware, including dishes, utensils, and equipment deficient.

⚠️ Why This Matters

Inadequate dishwashing spreads bacteria across all utensils and tableware

📋 Code Requirements

Three-compartment sink or approved dishwasher; proper wash, rinse, sanitize procedures

CDC Risk Factor: Contaminated Equipment/Protection from Contamination
NYC Health Code Article 81, Section 81.21
⚠ 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 19-07

NYC Health Code Violation 19-07

Failure to maintain a sufficient supply of single-use, non-compostable plastic straws.

⚠️ Why This Matters

HEALTH HAZARD: This critical violation creates immediate risk of foodborne illness. Studies link NYC Health Code Violation 19-07 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 08C

Pesticide not properly used or stored

Pesticide not properly labeled or used by unlicensed individual. Pesticide, other toxic chemical improperly used/stored. Unprotected, unlocked bait station used.

⚠️ Why This Matters

Improper pesticide use causes chemical contamination and acute poisoning

📋 Code Requirements

Licensed applicator only; follow label directions; store away from food; use approved chemicals

CDC Risk Factor: Contaminated Equipment/Protection from Contamination
NYC Health Code Article 81, Section 81.31
⚠ CRITICAL 04A

Food Protection Certificate Not Held by Supervisor

Food Protection Certificate (FPC) not held by manager or supervisor of food operations.

⚠️ Why This Matters

KNOWLEDGE GAP: Establishments without certified managers have 2.5x more critical violations. Lack of food safety knowledge directly correlates with foodborne illness outbreaks. Certified managers reduce outbreak risk by 60% through proper training and oversight.

📋 Code Requirements

Obtain Food Protection Certificate immediately through NYC-approved course. Certificate holder must be present ALL operating hours. Post certificate conspicuously. Maintain valid certification (renew every 5 years). Train all staff on food safety basics.

CDC Risk Factor: Poor Personal Hygiene - Knowledge Factor
NYC Health Code Article 81, Section 81.15
⚠ 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
Inspector's Action:

Violations were cited in the following area(s).

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CAFE 41 — Inspection Questions

Did CAFE 41 pass their NYC health inspection on October 17, 2024?
CAFE 41 underwent inspection on October 17, 2024. The inspection found 10 violation(s).
What critical violations did CAFE 41 have?
CAFE 41 had 10 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 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 10H mean in NYC restaurant inspections?
NYC violation 10H (Sanitization not provided for utensil washing) is a major violation. Utensils must be properly sanitized after washing to kill remaining bacteria Unsanitized utensils transfer bacteria directly to customers' food and mouths
What does violation code 04L mean in NYC restaurant inspections?
NYC violation 04L (Evidence of Mice Present in Facility) is a critical violation. Mouse droppings, gnaw marks, nesting materials, or live mice observed. WIDESPREAD CONTAMINATION: Mice produce 50-75 droppings daily, each containing Salmonella, Hantavirus. One mouse contaminates 10x more food than it eats through droppings and urine. Mouse allergens trigger asthma. Can infest entire facility in weeks.
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 10G mean in NYC restaurant inspections?
NYC violation 10G (Dishwashing facilities inadequate) is a major violation. Proper warewashing facilities and procedures required to sanitize equipment Inadequate dishwashing spreads bacteria across all utensils and tableware
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 19-07 mean in NYC restaurant inspections?
NYC violation 19-07 (NYC Health Code Violation 19-07) is a critical violation. Violation of NYC Health Code requirements HEALTH HAZARD: This critical violation creates immediate risk of foodborne illness. Studies link NYC Health Code Violation 19-07 to bacterial contamination and outbreak events. Must be corrected immediately to protect public health.
What does violation code 08C mean in NYC restaurant inspections?
NYC violation 08C (Pesticide not properly used or stored) is a major violation. Pesticides must be properly labeled, stored, and used according to regulations Improper pesticide use causes chemical contamination and acute poisoning
What does violation code 04A mean in NYC restaurant inspections?
NYC violation 04A (Food Protection Certificate Not Held by Supervisor) is a critical violation. At least one supervisor with NYC Food Protection Certificate must be present during all hours of operation. KNOWLEDGE GAP: Establishments without certified managers have 2.5x more critical violations. Lack of food safety knowledge directly correlates with foodborne illness outbreaks. Certified managers reduce outbreak risk by 60% through proper training and oversight.
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.