THE UPPER CRUST

SCORE: 35 POINTS

Thursday, May 12, 2022

Overview

THE UPPER CRUST in Kew Gardens Hills underwent a NYC health inspection on May 12, 2022 and scored 35 points. The inspection found 8 violations, including 8 critical.

Address
67-11 MAIN STREET
Queens, NY 11367
Cuisine
Jewish/Kosher
Inspection Type
Cycle Inspection / Initial Inspection
Violations
8 total
⚠ 8 critical
Facility History
3 inspections

Violations Cited

⚠ CRITICAL 04C

Bare Hand Contact with Ready-to-Eat Food

Food worker does not use proper utensil to eliminate bare hand contact with food that will not receive adequate additional heat treatment.

⚠️ Why This Matters

DIRECT CONTAMINATION: Hands carry 150+ bacterial species and 3,000-5,000 bacteria per square centimeter. Even 'clean' hands transfer millions of bacteria. Ready-to-eat foods receive no kill step. Bare hand contact is #1 factor in Norovirus outbreaks affecting 20 million Americans annually.

📋 Code Requirements

NO bare hand contact EVER with ready-to-eat foods. Use: Single-use gloves (change every hour and between tasks), Tongs/spatulas/spoons, Deli tissue/wax paper. Wash hands before donning gloves. Post signs. This is NON-NEGOTIABLE in NYC.

CDC Risk Factor: Poor Personal Hygiene - #1 CDC Risk Factor
NYC Health Code Article 81, Section 81.13(d)
⚠ CRITICAL 10H

Sanitization not provided for utensil washing

Proper sanitization not provided for utensil ware washing operation.

⚠️ 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 10J

Hand wash sign not posted Food contact surface not properly washed, rinsed and sanitized after each use and following any activity when contamination may have occurred. Cold food item held above 41º F (smoked fish and reduced oxygen packaged foods above 38 ºF) except during necessary preparation.

Hand wash sign not posted

⚠️ Why This Matters

HEALTH HAZARD: This critical violation creates immediate risk of foodborne illness. Studies link Hand wash sign not posted Food contact s 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 06C

Food not protected from contamination

Food not protected from potential source of contamination during storage, preparation, transportation, display or service.

⚠️ 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 02B

Hot TCS Food Not Held at 140°F or Above

Hot food item not held at or above 140º F.

⚠️ Why This Matters

BACTERIAL MULTIPLICATION: At 120°F, Clostridium perfringens doubles every 10 minutes. Can reach illness-causing levels within 1 hour. This bacteria causes 1 million US cases annually with severe abdominal cramps and diarrhea lasting 24 hours. Hot holding violations responsible for 40% of restaurant outbreaks.

📋 Code Requirements

Maintain ALL hot foods at 140°F minimum. Check temperatures every 30 minutes for problem foods, every 2 hours otherwise. Use calibrated thermometers. Adjust equipment immediately if below 140°F. Reheat to 165°F if below temp for under 2 hours. DISCARD if below 140°F for over 2 hours.

CDC Risk Factor: Improper Holding/Time & Temperature - CDC Risk Factor #3
NYC Health Code Article 81, Section 81.09(a)
⚠ CRITICAL 06B

NYC Health Code Violation 06B

Tobacco use, eating, or drinking from open container in food preparation, food storage or dishwashing area observed.

⚠️ Why This Matters

HEALTH HAZARD: This critical violation creates immediate risk of foodborne illness. Studies link NYC Health Code Violation 06B 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 10F

Non-food Contact Surfaces Not Clean

Non-food contact surface improperly constructed. Unacceptable material used. Non-food contact surface or equipment improperly maintained and/or not properly sealed, raised, spaced or movable to allow accessibility for cleaning on all sides, above and underneath the unit.

⚠️ Why This Matters

INDIRECT CONTAMINATION: Dirty non-food surfaces harbor pests and bacteria. Employees touch these surfaces then food. Accumulation attracts roaches and rodents. Creates reservoir of contamination that spreads throughout facility.

📋 Code Requirements

Clean all non-food surfaces regularly: Walls, ceilings, floors daily in food areas, Equipment exteriors, Storage shelves, Light fixtures monthly. Seal cracks. Repair damaged surfaces. Maintain cleaning schedule. Assign responsibilities.

CDC Risk Factor: Environmental Contamination
NYC Health Code Article 81, Section 81.23
⚠ CRITICAL 10B

Plumbing Not Properly Installed or Maintained

Plumbing not properly installed or maintained; anti-siphonage or backflow prevention device not provided where required; equipment or floor not properly drained; sewage disposal system in disrepair or not functioning properly.

⚠️ 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
Inspector's Action:

Violations were cited in the following area(s).

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THE UPPER CRUST — Inspection Questions

Did THE UPPER CRUST pass their NYC health inspection on May 12, 2022?
THE UPPER CRUST underwent inspection on May 12, 2022 with a score of 35 points. The inspection found 8 violation(s).
What critical violations did THE UPPER CRUST have?
THE UPPER CRUST had 8 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 04C mean in NYC restaurant inspections?
NYC violation 04C (Bare Hand Contact with Ready-to-Eat Food) is a critical violation. Food workers must not touch ready-to-eat foods with bare hands. Must use utensils, gloves, or other barriers. DIRECT CONTAMINATION: Hands carry 150+ bacterial species and 3,000-5,000 bacteria per square centimeter. Even 'clean' hands transfer millions of bacteria. Ready-to-eat foods receive no kill step. Bare hand contact is #1 factor in Norovirus outbreaks affecting 20 million Americans annually.
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 10J mean in NYC restaurant inspections?
NYC violation 10J (Hand wash sign not posted Food contact surface not properly washed, rinsed and sanitized after each use and following any activity when contamination may have occurred. Cold food item held above 41º F (smoked fish and reduced oxygen packaged foods above 38 ºF) except during necessary preparation.) is a critical violation. Hand wash sign not posted Food contact surface not properly washed, rinsed and sanitized after each use and following any activity when contamination may have occurred. Cold food item held above 41º F (smoked fish and reduced oxygen packaged foods above 38 ºF) except during necessary preparation. HEALTH HAZARD: This critical violation creates immediate risk of foodborne illness. Studies link Hand wash sign not posted Food contact s to bacterial contamination and outbreak events. Must be corrected immediately to protect public health.
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 02B mean in NYC restaurant inspections?
NYC violation 02B (Hot TCS Food Not Held at 140°F or Above) is a critical violation. Hot potentially hazardous foods must be maintained at 140°F or above to prevent rapid bacterial growth in the danger zone (41-140°F). BACTERIAL MULTIPLICATION: At 120°F, Clostridium perfringens doubles every 10 minutes. Can reach illness-causing levels within 1 hour. This bacteria causes 1 million US cases annually with severe abdominal cramps and diarrhea lasting 24 hours. Hot holding violations responsible for 40% of restaurant outbreaks.
What does violation code 06B mean in NYC restaurant inspections?
NYC violation 06B (NYC Health Code Violation 06B) 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 06B to bacterial contamination and outbreak events. Must be corrected immediately to protect public health.
What does violation code 10F mean in NYC restaurant inspections?
NYC violation 10F (Non-food Contact Surfaces Not Clean) is a minor violation. Non-food contact surfaces or equipment not kept clean, not properly sealed, or not properly maintained. INDIRECT CONTAMINATION: Dirty non-food surfaces harbor pests and bacteria. Employees touch these surfaces then food. Accumulation attracts roaches and rodents. Creates reservoir of contamination that spreads throughout facility.
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.