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)

ALLAN'S BAKERY
1109 NOSTRAND AVENUE, Brooklyn
Aug 21, 2025
Score: 63
DUNKIN
208 EAST 14 STREET, Manhattan
GRADE A
Aug 19, 2025
Score: 13
VERANDA
208-01 NORTHERN BOULEVARD, Queens
GRADE A
Aug 7, 2025
Score: 12
ELEVENSES
31-05 35 AVENUE, Queens
GRADE A
Aug 5, 2025
Score: 8
MR. TU BAKERY
136-29 ROOSEVELT AVENUE, Queens
Aug 4, 2025
Score: 31
NEPALI MOMO CAFE
74-18 37 ROAD, Queens
Jul 23, 2025
Score: 44
BAGEL OASIS
183-12 HORACE HARDING EXPRESSWAY, Queens
Jul 22, 2025
Score: 28
JUMBO HAMBURGER PLACE
112 WEST 116 STREET, Manhattan
GRADE C
Jul 18, 2025
Score: 40
BIG BOOTY BREAD
261 WEST 23 STREET, Manhattan
Jul 17, 2025
Score: 50
REGO PARK BEST PIZZA & HALAL CHICKEN
99-10 63 ROAD, Queens
GRADE A
Jul 17, 2025
Score: 12
EDGAR'S CAFE
650 AMSTERDAM AVENUE, Manhattan
GRADE B
Jul 16, 2025
Score: 25
SUBWAY
360305 31 STREET, Queens
GRADE A
Jul 15, 2025
Score: 10
1915 LANZHOU HAND PULLED NOODLES & DUMPLINGS
207 EAST 26 STREET, Manhattan
CLOSED
Jul 10, 2025
Score: 103
AFFY'S GRILL
69-67 GRAND AVENUE, Queens
GRADE C
Jul 8, 2025
Score: 36
STAR CAFE AU LAIT
35-02 ASTORIA BOULEVARD, Queens
GRADE C
Jul 2, 2025
Score: 40
ELEVENSES
31-05 35 AVENUE, Queens
Jun 26, 2025
Score: 27
NOODLE HOUSE
90-15 QUEENS BOULEVARD, Queens
GRADE Z
Jun 17, 2025
Score: 24
BY THE WAY BAKERY
1236 LEXINGTON AVENUE, Manhattan
GRADE A
Jun 16, 2025
Score: 11
DORLAN'S TAVERN
213 FRONT STREET, Manhattan
May 29, 2025
Score: 74
JOJU / JOJU BOWL
83-25 BROADWAY, Queens
May 14, 2025

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.