04E — Toxic chemical improperly labeled, stored or used
Toxic chemicals (cleaners, sanitizers, degreasers, oven cleaner) have to be stored below and away from all food, food-contact surfaces, and to-go containers, and every working container must say what's in it. The classic failures: a spray bottle hung over the prep line, chemicals on a shelf above food, or sanitizer decanted into an unlabeled or old food jug. This is a Public Health Hazard scored by how many chemicals are mis-stored — 7 points for one, rising to 10 for four or more, and up to 28 if not corrected. An unlabeled bottle is dangerous even if it looks like water.
What the inspector looks for
Scan for spray bottles and chemical jugs near food, prep surfaces, or single-service items — and for any bottle without a label. Every cleaner, sanitizer, and degreaser must be stored below and away from food and clearly labeled. A bleach mix in an old food container is an automatic cite.
Points & grade impact
Cited at 7 points — 7 / 8 / 9 / 10 by number of chemicals across condition I-IV; uncorrected PHH → 28. NYC adds every cited violation’s points into one inspection score: 0–13 = A, 14–27 = B, 28+ = C.
How to fix it
Move all chemicals away from and below food and food-contact items; label every working container; discard any food that may have been contaminated.
How to prevent it
Store toxics in a dedicated area below and away from food, packaging and prep surfaces; label all working containers; use chemicals strictly per label.
- ✓Keep all chemicals on a dedicated low shelf or locked cabinet — below and physically separate from food and packaging, never above.
- ✓Label every working spray bottle and jug with its contents; never reuse a food container (juice jug, deli tub) for chemicals.
- ✓Walk the prep line for stray spray bottles before service and move any non-food-safe chemical to the chemical area.
- ✓Store toxics off the floor (6+ inches) and away from the handwash and prep sinks so nothing can splash into food.
Reference: Health Code §81.17(g)
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