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
56 citations
Bronx
4 citations
Staten Island
1 citations

Restaurants Cited for Violation 04E (202 total)

DERA
72-09 BROADWAY, Queens
GRADE C
Nov 30, 2022
Score: 28
MAYA TAQUERIA
637 VANDERBILT AVENUE, Brooklyn
GRADE A
Nov 19, 2022
Score: 7
PETE'S CANDY STORE
709 LORIMER STREET, Brooklyn
GRADE A
Nov 17, 2022
Score: 8
BLUESTONE LANE
2 EAST 90 STREET, Manhattan
GRADE C
Nov 9, 2022
Score: 82
HYO DONG GAK
51 WEST 35 STREET, Manhattan
GRADE A
Nov 3, 2022
Score: 12
ZUTTO
77 HUDSON STREET, Manhattan
GRADE B
Sep 13, 2022
Score: 16
TACOS Y QUESADILLAS MEXICO
104-40 CORONA AVENUE, Queens
Sep 7, 2022
Score: 74
SUMMER
85-36 GRAND AVENUE, Queens
Jun 13, 2022
Score: 36
ROSALIA'S CAFE
615 NOSTRAND AVENUE, Brooklyn
Jun 10, 2022
Score: 20
COFFEE & CRUMBS
330 WEST 38 STREET, Manhattan
GRADE A
Jun 2, 2022
Score: 9
KENNEDY'S FRIED CHICKEN & BISCUITS
4652 3 AVENUE, Bronx
May 16, 2022
Score: 0
THE CONTINENTAL
75 RUTLEDGE STREET, Brooklyn
GRADE A
May 2, 2022
Score: 9
JUICY CUBE
674 LEXINGTON AVENUE, Manhattan
Apr 26, 2022
Score: 31
DELIZIA 92
1762 2 AVENUE, Manhattan
Apr 14, 2022
Score: 7
TAP NYC
267 COLUMBUS AVENUE, Manhattan
Apr 5, 2022
Score: 18
CAFE MIX
730 61 STREET, Brooklyn
GRADE A
Mar 31, 2022
Score: 9
HAND PULL NOODLE & DUMPLING HOUSE
7201 18 AVENUE, Brooklyn
Mar 17, 2022
Score: 59
TONII'S RICE NOODLE
83 BAYARD STREET, Manhattan
GRADE A
Mar 16, 2022
Score: 12
GEE WHIZ DINER
295 GREENWICH STREET, Manhattan
GRADE A
Mar 16, 2022
Score: 11
TOURNESOL
50-12 VERNON BOULEVARD, Queens
GRADE B
Feb 3, 2022
Score: 23

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.