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)

JALAPENO KING
719 5 AVENUE, Brooklyn
Jun 27, 2023
Score: 35
SUPER KENNEDY'S CHICKEN & SANDWICH
2370 UNIVERSITY AVENUE, Bronx
GRADE A
Jun 5, 2023
Score: 9
THE GREAT CABIN
205 EAST 4 STREET, Manhattan
GRADE A
May 31, 2023
Score: 12
CRYSTAL LOUNGE
25-83 STEINWAY STREET, Queens
May 18, 2023
JOE & THE JUICE
67 WALL STREET, Manhattan
GRADE A
May 17, 2023
Score: 12
JOE & THE JUICE
67 WALL STREET, Manhattan
May 17, 2023
LA SNACKERIA NYC
5823 5 AVENUE, Brooklyn
GRADE A
May 15, 2023
Score: 11
ART BAR
52 8 AVENUE, Manhattan
May 3, 2023
Score: 19
VIEW PIZZERIA
15-02 150 STREET, Queens
GRADE A
Mar 30, 2023
Score: 12
SUSHI D
207 DEKALB AVENUE, Brooklyn
Mar 10, 2023
Score: 28
TWO PERRYS
127 AVENUE C, Manhattan
GRADE A
Mar 8, 2023
Score: 12
SLOW LORIS
556 FLATBUSH AVENUE, Brooklyn
GRADE B
Feb 24, 2023
Score: 22
PARC OASIS
6403 11 AVENUE, Brooklyn
GRADE A
Feb 23, 2023
Score: 7
ANTOJITOS ECUATORIANOS
3398 FULTON STREET, Brooklyn
Feb 21, 2023
Score: 64
34th BAGELS AND MORE
365 WEST 34 STREET, Manhattan
GRADE A
Feb 16, 2023
Score: 12
BROOKLYN STANDARD DELI & GRILL
188 NASSAU AVENUE, Brooklyn
GRADE B
Feb 1, 2023
Score: 16
HANA SUSHI
524 86 STREET, Brooklyn
GRADE A
Jan 25, 2023
Score: 8
PANADERIA LA MIXTECA POBLANA & DELI
104 VICTORY BOULEVARD, Staten Island
Jan 19, 2023
Score: 59
TROPICAL RESTAURANT
67-22 ROOSEVELT AVENUE, Queens
Dec 21, 2022
Score: 39
CARVEL CINNABON
715 FLATBUSH AVENUE, Brooklyn
Dec 19, 2022
Score: 16

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.