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)

PHO 86
1944 86 STREET, Brooklyn
Feb 1, 2024
Score: 15
PHO 86
1944 86 STREET, Brooklyn
Feb 1, 2024
KITCHEN
254 COURT STREET, Brooklyn
Jan 19, 2024
Score: 17
WON KBBQ (O2 BBQ)
45-53 BELL BOULEVARD, Queens
GRADE C
Jan 18, 2024
Score: 30
THE BAD OLD DAYS
1684 WOODBINE STREET, Queens
GRADE A
Jan 11, 2024
Score: 12
THAI LEAF
611 86 STREET, Brooklyn
Jan 11, 2024
Score: 38
6TH AVE CAFE INC
610 50 STREET, Brooklyn
Jan 4, 2024
Score: 128
KABOOZ'S BAR & GRILLE
0 AMTRAK LEVEL, Manhattan
GRADE A
Dec 18, 2023
Score: 12
FIGLIA
23-02 31 STREET, Queens
GRADE A
Nov 30, 2023
Score: 9
OFFISIDE
94 AVENUE A GROUND FLOOR, Manhattan
Nov 21, 2023
Score: 29
AUSTIN HOUSE
72-04 AUSTIN STREET, Queens
CLOSED
Nov 2, 2023
Score: 69
AUSTIN HOUSE
72-04 AUSTIN STREET, Queens
CLOSED
Nov 2, 2023
Score: 69
BAMBOO SEAFOOD RESTAURANT
5108 7 AVENUE, Brooklyn
Oct 19, 2023
Score: 48
UNITED MINERS S.C. RUDAR
34-01 45 STREET, Queens
GRADE B
Oct 12, 2023
Score: 24
TAKESUSHI
43-46 42 STREET, Queens
GRADE B
Oct 12, 2023
Score: 20
SHIYUE FOOD
136-21 ROOSEVELT AVENUE, Queens
Aug 28, 2023
Score: 14
STAR KABAB RESTAURANT
168-21 HILLSIDE AVENUE, Queens
Aug 7, 2023
Score: 47
ROCKAWAY GRILL
141-16 ROCKAWAY BOULEVARD, Queens
Aug 3, 2023
Score: 64
THE MALLARD DRAKE
43 FRANKLIN STREET, Brooklyn
Jul 18, 2023
Score: 26
BK JANI
679 GRAND STREET, Brooklyn
GRADE B
Jul 6, 2023
Score: 22

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.