Klein Releases Report - Enough to Make You Sick: An Analysis of Unsanitary Conditions at NY City Restaurants

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NEW YORK –Standing in front of a Michelin rated restaurant cited for insects and mice, Senator Jeff Klein (D-Bronx/Westchester) released the latest in a series of examinations into New York City’s most troubled restaurants, Restaurants That Are Enough to Make You Sick: An Analysis of Unsanitary Conditions At New York City Restaurants.

Del Posto Ristorante on 10^th Avenue in the Meatpacking District is part of celebrity chef Mario Batali’s growing restaurant empire and has been accumulating critical accolades since its 2006 opening. It was given a three star rating by critic Frank Bruni of the New York Times and awarded two stars by the 2007 and 2008 New York Michelin Restaurant Guide. Proving that even world-class kitchens cannot afford to scrimp on pest control and other food safety measures, Del Posto failed its June 17^th health department inspection with two pest violations and food that was "spoiled, adulterated, contaminated or cross-contaminated." In total, the restaurant received 44 violation points, well over the 28 point threshold for failure.

"It is inexcusable that the Department of Health does not have an adequate system in place to alert consumers to restaurants with failing sanitation records. The public has a right to know that the restaurant they’re eating at may have more on the menu than tasty cuisine," Klein argued.

Klein also released his annual Dirty Dozen list of New York City’s dirtiest restaurants based on sanitary inspection scores and citations for multiple pest problems.

In New York food service establishments are inspected for Public Health Hazards, Critical Violations and General Violations. Public Health Hazards must be corrected at the time of the inspection, whereas Critical Violations and General Violations are awarded point values according to the seriousness of the violation. When all of the violations, critical and general, add up to more than 28 points, the restaurant is judged to have failed its inspection. Restaurants are inspected at least annually, but public complaints to the city’s 311 hotline can trigger additional inspections. Follow-up inspections follow failures to make sure that problems are corrected. Restaurants with the most hazardous conditions, or a series of failed inspections, are ordered closed by the DOH until they can pass an inspection and safely reopen.

Klein’s report studied a subset of New York City’s 20,000 restaurants with the 100 worst inspection reports, with violation point scores ranging from 69 to 600. Of the bottom 100 restaurants, 87% had at least one category of pest cited in their most recent inspection. Almost half, or 45%, of those restaurants had at least two categories of pests cited and 12% were cited for three separate categories of pest violations. More than half, 59% of the bottom 100, were allowed to remain open by the DOH despite their severe problems.

"Restaurant discipline and the commitment to proper sanitation and food safety have clearly broken down when an establishment finds itself juggling multiple pest infestations," Klein said.

Insects (other than cockroaches) were the most commonly cited pest, present at 55% of the lowest ranked restaurants. Mice came in a close second and were cited at 52% of the restaurants in our sample. Cockroaches were found at 30% of the establishments. And, despite an intensive DOH crackdown after 2007 video footage of rats making a late night run for the border at a Manhattan Taco Bell/KFC shocked the nation, rats were still a problem at 7% of the bottom restaurants.

Senator Klein currently sponsors legislation that would require restaurants to post a letter grade of A through F commensurate with their status.

"Having a letter grade posted for all diners to see will provide a real incentive for restaurants to clean up their act", said Klein. "I can’t imagine anyone wanting to eat at an establishment with an ‘F’ hanging in the doorway."

While New York City’s restaurant inspection information is available online for the web-savvy consumer with time to do independent research, individual restaurant are not required to post any notice to their consumers. Believing that notice at the point of service is the best way to reach consumers, Klein authored a state law in 2000 requiring supermarkets and retail food stores to post a notice of the results of their most recent state sanitary inspection.

"Whether New Yorkers are dining out for a routine meal or to celebrate a special occasion, their only reservations should be to book a table." 

Senator Jeff Klein’s Dirty Dozen  New York City Restaurants of 2008*

 * Based on sanitary inspection scores and reports from the New York City Department of Health and Mental Hygiene’s Restaurant Inspection Information website

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