New York City

  • Posted: April 18th, 2012 - 8:27pm by Doug Powell

    Daughter Courtlynn loves her some Subway.

    She’ll be pleased to know there’s one at the end of our street, open for brekkie at 7 a.m., and usually occupied by several high school students when I take Sorenne to school at 7:50 a.m.

    And it’s the same kids, every day.

    It’s convenient and while I do most of the cooking, sometimes life gets in the way and Sorenne and I will pop in for a whole wheat sandwich on our way home. In New York City, Subway has the dubious title of franchise most often closed by health types.

    The New York Daily News analyzed Health Department data and found Subway stores were shut down a whopping 55 times in the last five years.

    Subway officials insist the majority of its 372 city restaurants live up to its “eat fresh” slogan.

    “Nearly 90% of the locations have an ‘A’ rating, and some 30 locations have not received their ratings yet,” said company spokesman Les Winograd. “Violations are not tolerated.”

    Despite the 55 Subway shutdowns, City Health Department spokeswoman Chanel Caraway was quick to note that “an individual restaurant’s inspection history does not reflect a chain’s performance.”

    Kennedy Fried Chicken franchises came in second with 31 closures, Dunkin’ Donuts had 23, Crown Fried Chicken was third with 22 and Golden Krust rounded out the infamous top five with 20.

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  • Posted: March 31st, 2012 - 12:43am by Doug Powell

    The New York City Health Department is investigating one confirmed and one suspect case of botulism amongst Chinese-speaking Queens residents who had recently purchased unrefrigerated fresh bulk tofu from the same store in Flushing.

    This kind of tofu, commonly sold in an open, water-filled bin, is highly suspected to be the source of these cases; however it has not yet been confirmed.

    WABC reports the tofu was not made at this store, and its source is still under investigation.

    As the investigation continues, the Health Department is advising all individuals to discard all fresh bulk tofu purchased from any New York City store that has been kept at room temperature at the time of purchase.

    The Health Department is also warning consumers to throw away tofu that has not been stored in a refrigerator at home.

    Cooking this type of tofu is not a definite safeguard against botulism; the organism's spores can still remain in the tofu and, if the tofu is improperly handled, the spores can produce a toxin that causes illness.

    New York City has seen only one other case of foodborne botulism in the past 15 years.

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  • Posted: March 7th, 2012 - 8:40pm by Doug Powell

    Restaurateurs had their moment in the New York City political sun today, and wasted the opportunity with a barrage of complaints about the unfairness of restaurant inspections as well as the letter grades.

    They could have said, most of us take food safety seriously, we’re proud of our establishments, so proud that we want to work with health types to make the system better, and we want to brag about our great food safety.

    More representative of the 300 people who filled a City Council chamber today was Dimitri Kafchitsas, who heads a group of 1,000 restaurants in New York City: The average food-safety visit “feels like a criminal raid and not an inspection. There is a lack of sensitivity.”

    More sensitivity and less in-your-face? In New York City?

    NYC could have saved itself some grief by doing some significant consumer and food service research before launching the system and figuring out what kind of disclosure would work best for New Yorkers (we did this in New Zealand).

    A major criticism from restaurateurs has been the city's imposition of significant fines for issues that they say have no bearing on food safety. Among them have been fines for inadequate lighting, employees' drinking beverages while on duty, leaky faucets, leaky faucets, broken tiles and open doors.

    Risk-based, consistent inspections are a problem in every municipality and state. Work on it; improve the system. But don’t just whine.

    The City's health commissioner Thomas Farley told the hearing (from a prepared statement), “I know that you will hear complaints today from some restaurant owners. But just imagine this scenario: Salmonella cases are up 14 percent; the number of restaurants with rodents has increased by 50 percent and viral videos of rats in kitchens dominate the web; and restaurant sales are plummeting.

    What would happen? The Council would hold a hearing and demand to know why the Health Department wasn't doing its job. You would describe horror stories of constituents getting sick, and you would demand swift action. And you would be right, because my job is to protect the health of New Yorkers.

    Fortunately, the opposite scenario is happening right now. Since restaurant grading began, salmonella cases are down 14 percent. The Department's website shows that 72 percent of restaurants have received the top grade for cleanliness. Restaurant sales are up almost 10% since grading began, increasing by $800 million. And 91 percent of New Yorkers say they support restaurant grading.”

    Daniel E. Ho, a professor of law at Stanford and a visiting professor of law at Yale this spring, takes a stab at suggestions for improvement, writing in the New York Times this morning that the well-intentioned system is broken.

    “Along with researchers at New York University, Stanford and Yale law schools, I have studied data from more than 500,000 inspections of more than 100,000 restaurants from the last few years in nine jurisdictions: Austin, Tex.; Catawba County, N.C.; Chicago; El Paso; Florida; Louisville, Ky.; New York City; San Diego; and Seattle. Our research examined the process for tallying violations and the consistency of inspections across repeat, unannounced visits to the same restaurant. In a critical dimension, New York performed the worst of the nine.
    At their core, the inspections work similarly across the jurisdictions. From once to a few times a year, a health inspector shows up unannounced to tally health code violations, like failure to wash hands or to maintain food temperatures. If violations amount to a public health hazard, the restaurant may be shut down until they are resolved.

    “Our examination found key deficiencies in New York’s inspection system.

    First, the score a restaurant gets in New York says little about how it will perform in the future. Grades are based on a point system: in New York, 0 to 13 points yields an A, 14 to 27 points a B, and 28 or more points a C. In other jurisdictions, numerical scores substantively predict future scores. In San Diego, for example, prior scores account for roughly 25 percent of the variation in future scores. But New York is an outlier: Prior scores predict less than 2 percent of the variation in future scores. New York City’s posted restaurant grades therefore fail the most basic criterion: they communicate little about future cleanliness.

    Why such inconsistency? Although the jurisdictions share broad similarities, the details of New York’s inspection process are far more complex. There are more inspectors (some 180, not all of whom necessarily specialize full time in restaurant inspections), more violations to score and far wider point ranges for each violation.

    “While San Diego, for example, has a single violation for vermin, New York records separate violations for evidence of rats or live rats; evidence of mice or live mice; live roaches; and flies — each scored at 5, 6, 7, 8 or 28 points, depending on the evidence. Thirty “fresh mice droppings in one area” result in 6 points, but 31 droppings result in 7 points.

    “To reduce imprecision, the city should apply the key insight of grading — simplification — not only for information consumers, but also for information producers — i.e., the inspectors. To increase efficiency, the city should abandon inspections for the purpose of resolving grades and instead redeploy those resources to focus on the worst offenders. It’s time for grade reform.”

    OK. Get on with it. Restaurant managers, health types and consumers need to figure out how best to improve the system. But disclosure is here to stay.


    Filion, K. and Powell, D.A. 2011. Designing a national restaurant inspection disclosure system for New Zealand
. Journal of Food Protection 74(11): 1869-1874
.
    http://www.ingentaconnect.com/content/iafp/jfp/2011/00000074/00000011/art00010
The World Health Organization estimates that up to 30% of individuals in developed countries become ill from contaminated food or water each year, and up to 70% of these illnesses are estimated to be linked to food service facilities. The aim of restaurant inspections is to reduce foodborne outbreaks and enhance consumer confidence in food service. Inspection disclosure systems have been developed as tools for consumers and incentives for food service operators. Disclosure systems are common in developed countries but are inconsistently used, possibly because previous research has not determined the best format for disclosing inspection results. This study was conducted to develop a consistent, compelling, and trusted inspection disclosure system for New Zealand. Existing international and national disclosure systems were evaluated. Two cards, a letter grade (A, B, C, or F) and a gauge (speedometer style), were designed to represent a restaurant's inspection result and were provided to 371 premises in six districts for 3 months. Operators (n = 269) and consumers (n = 991) were interviewed to determine which card design best communicated inspection results. Less than half of the consumers noticed cards before entering the premises; these data indicated that the letter attracted more initial attention (78%) than the gauge (45%). Fifty-eight percent (38) of the operators with the gauge preferred the letter; and 79% (47) of the operators with letter preferred the letter. Eighty-eight percent (133) of the consumers in gauge districts preferred the letter, and 72% (161) of those in letter districts preferring the letter. Based on these data, the letter method was recommended for a national disclosure system for New Zealand.

    Filion, K. and Powell, D.A. 2009. The use of restaurant inspection disclosure systems as a means of communicating food safety information. Journal of Foodservice 20: 287-297.
    The World Health Organization estimates that up to 30% of individuals in developed countries become ill from food or water each year. Up to 70% of these illnesses are estimated to be linked to food prepared at foodservice establishments. Consumer confidence in the safety of food prepared in restaurants is fragile, varying significantly from year to year, with many consumers attributing foodborne illness to foodservice. One of the key drivers of restaurant choice is consumer perception of the hygiene of a restaurant. Restaurant hygiene information is something consumers desire, and when available, may use to make dining decisions.

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  • Posted: March 6th, 2012 - 7:16pm by Doug Powell

    I’m all for restaurant inspection disclosure but all against bogus evidence to win rhetorical points in the public arena.

    The night before a hearing on the public display of letter grades, New York City mayor Michael “Lenny” Bloomberg told collected journos that salmonella is down more than 13 percent over the first full year of restaurant inspection disclosure because of improved food sanitary practices by restaurants striving to achieve better grades.

    The mayor — speaking with the health commissioner, Dr. Thomas A. Farley, and Deputy Mayor Linda I. Gibbs — announced that “New Yorkers overwhelmingly support the grading system,” citing a recent survey by Baruch College at the City University of New York. It showed that 91 percent of New Yorkers approve of restaurant grading and 88 percent consider letter grades when dining, according to a telephone survey conducted in January and February.

    Surveys don’t mean much.

    Dr. Farley said salmonella infections were significantly reduced in New York City, but remained unchanged in the rest of New York State, Connecticut and New Jersey.

    He added that the city’s restaurants had made significant improvements in sanitary practices, since more than 72 percent of them earned A grades, up from 65 percent a year ago.

    The same compliance results have been seen around North America and elsewhere in the 13 years I’ve been involved and long before that; it’s cute that NYC is catching up.

    Mr. Bloomberg said, “Restaurant grades have been good for public health and good for the economy,” adding that “New York City is known for its great restaurants and now it will be known for food safety, too.”

    Hang on there, Lenny. There’s lots of caveats with inspection and disclosure. The available evidence – which is extensively documented on barfblog.com but even I’m getting tired of writing about it – is a draw at best. Links to reductions in foodborne illness are speculation, bordering on false-hope.

    Disclosure is good. Leave the self–aggrandizement and rhetoric to pro athletes and lawyers.

    The mayor also announced a new free mobile app for iPhones, IPads and IPod Touch devices called “ABCEatsNYC,” which lets New Yorkers check letter grades from any street corner in the five boroughs. The app is listed under the title “NYC Restaurant Grading” at the iPhone App Store, and can be downloaded after searching for mobile devices.

    Michael J. Fox is a great Canadian.

     

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  • Posted: March 1st, 2012 - 7:53pm by Doug Powell

    Kudos to Gawker for wading through the Michelin-starred filth found in New York City restaurant inspection reports. I’ve left the violations in for the first report but edited out the rest for brevity. The complete report is available at http://gawker.com/5889473/your-fancy-foie-gras-has-poop-in-it-a-guide-to-new-yorks-filthiest-michelin+starred-restaurants.

    For reference, "A" ratings have 0-13 sanitary violations; "B" ratings have 14-27; "C" ratings have 28 or more; and "Grade Pending" is code for "crappy grade, but they're trying to shape up and/or are contesting it at a Health Tribunal."

    Here are the filthiest Michelin-starred restaurants, compiled with assistance from intern Maeve Keirans.

    • Danji: The Filthiest Fine-Dining in New York
    Michelin Stars: 1
    Violation Points: 48
    Current Grade: GRADE PENDING
    Specialty: Kimchi chorizo bacon paella, prepared with unwashed hands.
    At this Midtown restaurant, Chef Hooni Kim applies French culinary techniques to Korean tapas while racking up an astonishing quantity of sanitary violations. New York Times critic Sam Sifton named it one of his Top 10 New Restaurants of 2011.
    1) Cold food item held above 41º F (smoked fish and reduced oxygen packaged foods above 38 ºF) except during necessary preparation. [CRITICAL]
    2) Food from unapproved or unknown source or home canned. Reduced oxygen packaged (ROP) fish not frozen before processing; or ROP foods prepared on premises transported to another site. [CRITICAL]
    3) Evidence of mice or live mice present in facility's food and/or non-food areas. [CRITICAL]
    4) Hand washing facility not provided in or near food preparation area and toilet room. Hot and cold running water at adequate pressure to enable cleanliness of employees not provided at facility. Soap and an acceptable hand-drying device not provided. [CRITICAL]
    5) Food contact surface not properly washed, rinsed and sanitized after each use and following any activity when contamination may have occurred. [CRITICAL]
    6) Facility not vermin proof. Harborage or conditions conducive to attracting vermin to the premises and/or allowing vermin to exist.
    7) Covered garbage receptacle not provided or inadequate, except that garbage receptacle may be uncovered during active use. Garbage storage area not properly constructed or maintained; grinder or compactor dirty.
    8) Mechanical or natural ventilation system not provided, improperly installed, indisrepair and/or fails to prevent excessive build-up of grease, heat, steam condensation vapors, odors, smoke, and fumes.
    9) Single service item reused, improperly stored, dispensed; not used when required.
    "Allowing vermin to exist" continues to be an odd violation that even God would not be able to escape. No hand washing in the "toilet room" is downright disturbing, though.

    • Gilt: 'Eye-Opening' Flavors and Filth
    Michelin Stars: 2
    Violation Points: 33
    Current Grade: GRADE PENDING
    Specialty: Lobster seasoned with vanilla and "prohibited chemicals."
    Frank Bruni called the "esoteric" cuisine at this Madison Avenue powerhouse "eye-opening" and "eyebrow-raising." Just like its sanitary violations.

    • Momofuku Ko: Close Quarters and Contaminates
    163 1st Ave., at E 10th St.
    Michelin Stars: 2
    Violation Points: 26
    Current Grade: GRADE PENDING
    Specialty: Soft-boiled egg with hackleback caviar, drizzled with "toxic chemical."
    The most rarefied of David Chang's Momofuku empire, Ko is a tiny restaurant that seats 12, plus contaminates.

    • Tori Shin: Chicken and 'Filth Flies'
    1193 1st Ave., at E 65th St.
    Michelin Stars: 1
    Violation Points: 25
    Current Grade: B
    Specialty: Tori sashimi (basically raw chicken sliced thinly) dotted with "filth flies."
    As someone who is known to enjoy the occasional raw yakitori chicken dish, I admit that thought of an unsanitary yakitori kitchen is deeply unsettling.

    • Laut: Intemperate Asian Fusion
    15 E. 17th St., northeast of Union Square
    Michelin Stars: 1
    Violation Points: 21
    Current Grade: GRADE PENDING
    Specialty: Rendang curry with toasted coconut and questionable temperatures.

    None of Manhattan's 3-star restaurants fared worse than an "A" rating. The most unsanitary three-star restaurant was Le Bernadin, which had 13 violation points, including two critical violations for improper washing of food contact surfaces and equipment. The cleanest fine-dining restaurants were the Four Seasons Hotel (3 stars, 2 points); Marea (2 stars, 2 points); the Spotted Pig (1 star, 2 points); and Gramercy Tavern (1 star, 2 points).

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  • Posted: January 31st, 2012 - 11:25pm by Doug Powell

    The U.S. Food and Drug Administration is asking a federal court to prevent a New York cheese manufacturer from operating because of a history of unsanitary conditions and producing cheese in a facility contaminated with Listeria monocytogenes.

    According to a complaint for permanent injunction filed by the U.S. Department of Justice, Mexicali Cheese of Woodhaven, N.Y., and two of its officers, Edinson Vergara and Claudia Marin, produced cheese under persistent unsanitary conditions that contributed to widespread Listeria contamination in Mexicali Cheese's facility.

    In addition, the complaint, filed January 30 in the U.S. District Court for the Eastern District of New York, says that the New York State Department of Agriculture & Markets, Division of Milk Control and Dairy Services found similar unsanitary conditions in addition to product contamination.

    Inspections over the last three years, which were set off by the finding of staphylococcal bacteria in a cheese sample in 2009, have turned up a long list of violations, including equipment that was covered in harmful bacteria; flies, maggots and mold in production areas; stagnant pools of dirty water on the floor; and rodent excrement in the supply rooms, the suit said.

    Telephone calls to the company were not answered on Tuesday.

    Mexicali Cheese Corporation, based at 91-52 87th Street, primarily distributes Mexican-style cheese to grocers in New York, New Jersey and Connecticut.

    Inspectors from the New York State Department of Agriculture and Markets have visited the factory more than 30 times since 2009, according to the report, and F.D.A. inspectors have also made visits. Inspectors said they found listeria on a dolly used to transport cheese throughout the plant, on the aprons of food handlers and in a pool of liquid in a storage area.

    During one inspection, an employee was seen putting cheese in his mouth, then continuing to work without changing his gloves. The suit also said that “employee food handlers were observed wiping perspiration from their faces with their forearms while wearing disposable gloves that only covered the hands up to the wrists, leaving bare forearms exposed and in direct contact with the ready-to-eat cheese being processed.”

    In 2010, the F.D.A. found a batch of Mexicali’s “Queso Cotija” to be contaminated with staphylococcal bacteria, and the company voluntarily recalled the product. But later that year, and again in 2011, when inspectors found there was listeria in the facilities, the company would not recall the nearly 300 pounds of cheese that had been made on the day the samples were taken.

    When pressed by inspectors, Ms. Marin said on both occasions that the cheese had most likely already been consumed, and that no one had reported any illness related to the product. According to the complaint, Mr. Vergara and Ms. Marin agreed that improvements to the plant were necessary, but in follow-up visits, inspectors noted that no changes had been made.

    Mexicali Cheese makes and distributes a variety of soft Mexican cheeses to grocery stores and supermarkets in New York, New Jersey and Connecticut. Mexicali Cheese’s products include queso fresco [fresh cheese], queso oaxaca [Oaxacan cheese] and queso para freir [cheese for frying].

    If entered by the court, the injunction would stop the company and its officers from manufacturing and distributing food until they can bring their operations into full compliance with the Federal Food, Drug, and Cosmetic Act and FDA food safety regulations.

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  • Posted: January 24th, 2012 - 9:33pm by Doug Powell

    The New York City Council will announce Wednesday that nearly 1,000 restaurant operators have responded, after only two weeks, to a Web survey seeking their views about the city health department’s new letter-grading system for food safety.

    As of Tuesday, 965 responses had been submitted — a sign “that we’ve hit a nerve,” said Christine C. Quinn, the Council speaker. “We’re getting surveys from every borough, and from very diverse neighborhoods.”

    Opinions expressed in the responses will be revealed in Council hearings scheduled for late February or early March. Responding to what the speaker said was “a wave of complaints” about letter grading, the Council posted a questionnaire on its Web site (www.council.nyc.gov) asking the city’s 24,000 restaurateurs to share information about their experiences with inspectors and administrative tribunals, and the cost of fines and inspection consultants.

    Susan Craig, a department spokeswoman, said a survey last summer showed that 90 percent of New Yorkers approved of letter grading, and questioned the methodology and the validity of the Council questionnaire, which asks for but does not require the names of respondents. “The survey has no method of confirming that a participant is actually a restaurant, nor does it ensure that an entrant fills out only one submission,” Ms. Craig said. “The results — good or bad — will have negligible value.”

    But Zoe Tobin, a Council spokeswoman, responded that “there is a vetting system in place” that checks for duplication and fraud. “We felt that anonymity was important to encourage candid responses,” she said.

    A survey response rate of 4.2 per cent sorta sucks and isn’t representative of much.

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  • Posted: December 22nd, 2011 - 12:13pm by Doug Powell

    Crain’s New York reports that when a health-department inspector visited XES Lounge in Chelsea last month, he gave general manager Tony Juliano a ticket for having unwrapped straws on the bar. Those straws have been there for nearly eight years, but this time it was deemed a $400 violation.

    A few months earlier, inspectors cited the business for a missing “No smoking” sign in the back of the bar, which has 11 employees. “We've been open since 2004 and were never cited for that,” said Mr. Juliano.

    His frustrations echo that of many small business owners in the city, who view fines for minor offenses as punitive and feel the process for paying and contesting violations is burdensome.

    In mid-October, Marisol Chino, the owner of Tepeyac Deli & Grocery on Irving Avenue in Brooklyn, was cited for having a metal food stand outside, instead of a wooden one. “They've been inspecting me for seven years and never told me that,” she said. “They gave me the option to pay a $200 fine or fight it, but if I lose, the fine goes to $1,000.”

    A few months earlier, Ms. Chino, who is the store's only employee, received a ticket for not having the store's refund policy posted, even though she claims it was in the front window. When she brought that sign to the attention of the inspector, she said, he refused to change the citation.

    The city's public advocate, Bill de Blasio, is now getting involved after hearing from chambers of commerce, business improvement districts and small businesses at a series of roundtables he hosted earlier this year. Mr. de Blasio said businesses repeatedly mentioned the fines as among the most infuriating and time-consuming obstacles they face. His office submitted a legislative request to the City Council, the first step to introducing a bill that would allow violations from city agencies like Consumer Affairs to be contested and paid online, by mail or by phone. Fines would be differentiated more fairly between severe and low-risk violations, especially for those that don't originate from a consumer complaint. And the bill would allow business owners with first-time, low-level citations to be given a chance to correct them before being fined.

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  • Posted: December 21st, 2011 - 7:29pm by Doug Powell

    The lobby of New York City’s famed Algonquin Hotel has been surrounded with an invisible electric fence in hopes it will keep the health department happy.

    The New York Times reports an electric fence was installed in late summer after someone called 311 and the health department threatened the hotel with action: keep Matilda the cat away from food service and dining areas.

    Matilda is the latest in a long line of Algonquin cats going back to the 1930s. The first, a stray who wandered in off West 44th Street with as much elan as a famous guest, was known as Rusty or Hamlet. Since then, each cat has been succeeded by another with the same name, Hamlet for the males, Matilda for the females.

    A spokeswoman for the health department, Susan Craig, said that the letter about Matilda was “automatically generated” and that the department “did not find evidence substantiating that complaint.”

    She said that during a recent inspection, the hotel had explained the ins and outs of the electric fence “perimeter outside of the food service area to contain the cat.”

    “Our food safety inspector acknowledged this,” Ms. Craig wrote in an e-mail, “and concurred that cats should be kept out of dining, kitchen or other food-preparation areas.” For all her mentions in newspaper articles, Matilda has never been mentioned in the Algonquin’s restaurant inspection reports from the health department.

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  • Posted: December 17th, 2011 - 7:42pm by Doug Powell

    City Council Speaker Christine Quinn on Friday voiced serious concerns about New York City’s restaurant inspection and grading system, calling for a series of oversight hearings for a process that she criticized as borderline harassment.

    Michael Howard Saul of The Wall Street Journal explains that beginning in July 2010, in a high-profile move that drew the ire of the food industry but won kudos from diners, the Bloomberg administration began requiring restaurants to post cards with letter grades—A, B or C—reflecting the eatery's performance on sanitary inspections conducted by the Department of Health and Mental Hygiene.

    Ms. Quinn said she will authorize a series of oversight hearings on a variety of topics related to the inspection system, including whether the grading system is working and whether it has been implemented fairly. The council will also examine whether food trucks and street carts should be required to post grades, mirroring what brick-and-mortar restaurants must do now.

    In a statement, Susan Craig, a spokeswoman for the Health Department, noted that surveys show 90% of New Yorkers approve of the grading and inspection program.

    "We are delighted by its success. … "The program was not designed to be punitive. The program's goal remains to provide New Yorkers with critical data when making their dining choices while encouraging restaurants to operate in the cleanest, safest way possible. Our hope is to see only A's in restaurant windows."

    Robert Bookman, an attorney representing hundreds of city restaurants, said, "Folks feel the Health Department is at war with the restaurant industry in the city of New York and that they see it as a cash cow. Bottom line, the grade system is built on a faulty point-system foundation that has only served to triple fines collected, while adding nothing to public food safety."

    Mr. Bookman said the restaurant industry opposes the letter-grade system entirely. But if the city continues to keep using letter grades, he said, changes should be made.

    Under the current system, if a restaurant does not receive an A, a second, unannounced inspection is conducted about a month later. But that inspection is completely new, and Mr. Bookman argued that it should instead be a re-inspection where the Health Department looks only to see if the problems identified on the first visit were fixed.

    That lawyer needs better arguments. There’s lots of research out there about impact and effectiveness of restaurant disclosure systems. Horror stories of filthy restaurants in NYC are publicly available every week.

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