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)

OUR VILLAGE ROTI SHOP
211-61 JAMAICA AVENUE, Queens
Dec 3, 2025
Score: 36
GINO'S PIZZERIA
158-46 CROSSBAY BOULEVARD, Queens
GRADE A
Dec 2, 2025
Score: 12
AL AQSA BAKERY & RESTAURANT
6917 5 AVENUE, Brooklyn
GRADE Z
Dec 1, 2025
Score: 47
FLAVOR'S HOUSE
449 2 AVENUE, Manhattan
Nov 24, 2025
Score: 36
SUSHI SHO
3 EAST 41 STREET, Manhattan
GRADE N
Nov 22, 2025
Score: 30
SAZON LA COMUCHITA
103-16 ROOSEVELT AVENUE, Queens
GRADE N
Nov 21, 2025
Score: 28
INERRO
1668 BROADWAY, Manhattan
GRADE Z
Nov 13, 2025
Score: 82
THE KISS ME BAR
42-18 JUNCTION BOULEVARD, Queens
GRADE N
Nov 8, 2025
Score: 53
THAI EATS
750 8 AVENUE, Manhattan
GRADE N
Oct 21, 2025
Score: 29
PLATE OF CAKE
1966 3 AVENUE, Manhattan
GRADE N
Oct 6, 2025
Score: 39
EMPANADAS EL GUSTAZO RESTAURANTE
42-19 COLLEGE POINT BOULEVARD, Queens
Oct 3, 2025
LINDA AZOGUENITA BAKERY & RESTAURANT
51-01 108 STREET, Queens
Oct 2, 2025
Score: 36
D'ELISA RESTAURANT
217-19 JAMAICA AVENUE, Queens
GRADE C
Sep 25, 2025
Score: 64
NEW GREAT WALL
4425 5 AVENUE, Brooklyn
Sep 18, 2025
Score: 44
NUAN XIN RICE ROLL
67A ELDRIDGE ST, Manhattan
CLOSED
Sep 16, 2025
Score: 69
DELUXE GREEN BO
66 BAYARD STREET, Manhattan
Sep 15, 2025
Score: 48
YUMI DELICACIES
5902 FORT HAMILTON PARKWAY, Brooklyn
CLOSED
Sep 11, 2025
Score: 110
YUMI DELICACIES
5902 FORT HAMILTON PARKWAY, Brooklyn
CLOSED
Sep 11, 2025
Score: 110
MOTTLEY KITCHEN
402 EAST 140 STREET, Bronx
GRADE Z
Sep 2, 2025
Score: 49
MOMENTEA KITCHEN
213 WEST 40 STREET, Manhattan
CLOSED
Aug 26, 2025
Score: 139

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.