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)

MI CASITA PAISA
169-05 JAMAICA AVENUE, Queens
Mar 5, 2025
Score: 30
GRAB AND GO
20 WEST 47 STREET, Manhattan
GRADE A
Feb 14, 2025
Score: 9
THE BROOME HOTEL
431 BROOME STREET, Manhattan
GRADE N
Feb 10, 2025
Score: 24
FILLUP COFFEE
2486 BROADWAY, Manhattan
GRADE A
Jan 21, 2025
Score: 12
LA MORENITA ECUATORIANA
100-08 NORTHERN BOULEVARD, Queens
Jan 17, 2025
Score: 28
SHANGHAI ZHEN GONG FU
86-16 QUEENS BOULEVARD, Queens
Jan 14, 2025
Score: 30
MAMA'S EMPANADAS
85-05 NORTHERN BOULEVARD, Queens
Jan 13, 2025
Score: 29
CHERRY VALLEY DELI & GRILL
12-29 150 STREET, Queens
GRADE C
Dec 17, 2024
Score: 32
CROWN FRIED CHICKEN & PIZZA
2333 1 AVENUE, Manhattan
GRADE B
Dec 16, 2024
Score: 24
DESI JUNCTION
119-19 101 AVENUE, Queens
GRADE C
Dec 16, 2024
Score: 39
SUBWAY
9206 4 AVENUE, Brooklyn
Dec 12, 2024
Score: 14
THE PERFECT PINT
123 WEST 45 STREET, Manhattan
GRADE A
Dec 6, 2024
Score: 11
MCDONALD'S
208 VARICK STREET, Manhattan
Dec 5, 2024
Score: 15
MARWIN
1132 1 AVENUE, Manhattan
GRADE C
Nov 26, 2024
Score: 51
BARAWINE
27 WEST 120 STREET, Manhattan
GRADE A
Nov 20, 2024
Score: 11
PEPERINO
21 WEST END AVENUE, Manhattan
GRADE A
Nov 20, 2024
Score: 12
EL PATRON MEXICAN GRILL
194-01 NORTHERN BOULEVARD, Queens
Nov 19, 2024
Score: 23
MERRION SQUARE
1840 2 AVENUE, Manhattan
Nov 19, 2024
Score: 26
LAS MARGARITAS EXPRESS
7302 3 AVENUE, Brooklyn
Nov 4, 2024
Score: 51
SAM BURGER GRILL CHICKEN & PIZZA
285 WYCKOFF AVENUE, Brooklyn
GRADE A
Oct 24, 2024
Score: 11

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.