Critical Violation Code 04E

Toxic chemical or pesticide improperly stored or used such that food contamination may occur. Garbage receptacle not — NYC Health Violation 04E

Overview

Violation code 04E is a critical food protection violation that involves improper storage or use of toxic chemicals and pesticides that could contaminate food, as well as failure to maintain pest-resistant garbage receptacles with tight-fitting lids. NYC DOHMH classifies this as a health hazard that creates immediate risk of foodborne illness and bacterial contamination, requiring immediate correction. Since 2015, this violation has been cited 202 times across NYC, with Queens accounting for the highest number of cases.

202
Times Cited in NYC
0.18%
of Inspections
Critical
Severity Level
Queens
Most Common Borough

What is Violation 04E?

Toxic chemical or pesticide improperly stored or used such that food contamination may occur. Garbage receptacle not pest or water resistant, with tight-fitting lids, and covered except while in active use. Garbage receptacle and cover not cleaned after emptying and prior to reuse. Garbage, refuse and other solid and liquid waste not collected, stored, removed and disposed of so as to prevent a nuisance.

What restaurants must do to fix this

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.

NYC DOHMH Guidelines → CDC Food Safety Reference →

Which Boroughs See Violation 04E Most?

Queens
82 citations
Manhattan
60 citations
Brooklyn
55 citations
Bronx
4 citations
Staten Island
1 citations

Restaurants Cited for Violation 04E (202 total)

WENDY'S
57-18 MYRTLE AVENUE, Queens
GRADE A
Apr 6, 2026
Score: 7
FAY DA BAKERY
59-09 MAURICE AVENUE, Queens
GRADE A
Mar 6, 2026
Score: 12
LA NUEVA AMISTAD BAKERY AND RESTAURANT
162-04 NORTHERN BOULEVARD, Queens
Mar 5, 2026
Score: 23
BROOKLYN BARISTA COFFEE
880 WYCKOFF AVENUE, Brooklyn
Jan 13, 2026
Score: 31
ENERGIA Y FIGURA
3262 86 STREET, Queens
GRADE A
Jan 12, 2026
Score: 11
SAHOLA COFFEE SHOP
108 EAST 31 STREET, Manhattan
Dec 30, 2025
Score: 24
JOHN BROWN BBQ
27-16 40 AVENUE, Queens
Dec 18, 2025
Score: 37
JOHN BROWN BBQ
27-16 40 AVENUE, Queens
Dec 18, 2025
Score: 37
JOHN BROWN BBQ
27-16 40 AVENUE, Queens
Dec 18, 2025
Score: 37
OVER THE MOON
83-15 37 AVENUE, Queens
GRADE N
Dec 13, 2025
Score: 55
ROAST 28
5124 8 AVENUE, Brooklyn
GRADE A
Dec 13, 2025
Score: 11
OVER THE MOON
83-15 37 AVENUE, Queens
GRADE N
Dec 13, 2025
Score: 55
ROAST 28
5124 8 AVENUE, Brooklyn
GRADE A
Dec 13, 2025
Score: 11
ROAST 28
5124 8 AVENUE, Brooklyn
GRADE A
Dec 13, 2025
Score: 11
OVER THE MOON
83-15 37 AVENUE, Queens
GRADE N
Dec 13, 2025
Score: 55
JUICE TIME
302A GRAND STREET, Manhattan
GRADE N
Dec 10, 2025
Score: 51
JUICE TIME
302A GRAND STREET, Manhattan
GRADE N
Dec 10, 2025
Score: 51
JUICE TIME
302A GRAND STREET, Manhattan
GRADE N
Dec 10, 2025
Score: 51
PAPA JOHN'S
147-20 ROCKAWAY BOULEVARD, Queens
Dec 8, 2025
Score: 26
SHOSH
41 GREENWICH AVENUE, Manhattan
GRADE N
Dec 3, 2025
Score: 29

Related Food Protection Violations

06C Food not protected from contamination Critical 20,573 cited 04H Food Contaminated or Cross-Contaminated Critical 6,869 cited 04J NYC Health Code Violation 04J Critical 2,715 cited 04O NYC Health Code Violation 04O Critical 461 cited 04F NYC Health Code Violation 04F Critical 247 cited 04P Food containing a prohibited substance held, kept, offered, prepared, process... Critical 160 cited

Browse all 131 violation codes →

Violation 04E: Frequently Asked Questions

What is violation 04E in NYC restaurants?
Toxic chemical or pesticide improperly stored or used such that food contamination may occur. Garbage receptacle not pest or water resistant, with tight-fitting lids, and covered except while in active use. Garbage receptacle and cover not cleaned after emptying and prior to reuse. Garbage, refuse and other solid and liquid waste not collected, stored, removed and disposed of so as to prevent a nuisance.
How serious is violation 04E?
Critical violation. HEALTH HAZARD: This critical violation creates immediate risk of foodborne illness. Studies link Toxic chemical or pesticide improperly s to bacterial contamination and outbreak events. Must be corrected immediately to protect public health.
How many NYC restaurants have been cited for violation 04E?
202 NYC restaurant inspections have included violation 04E, representing 0.18% of all inspections with violations.
Which borough has the most violation 04E citations?
Queens has the highest number of violation 04E citations among NYC boroughs.
What must a restaurant do to fix violation 04E?
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.
Is violation 04E a critical violation?
Yes, violation 04E is a critical violation. Critical violations pose the most serious risk to public health and must be corrected immediately.