04N — Filth flies or food/refuse/sewage-associated flies present
Filth flies and food/refuse/sewage-associated flies land on waste and then on food, moving bacteria directly onto it. Fruit flies are now treated as a critical violation, not a minor one. The inspector looks for live flies in prep and storage areas and counts them. A few flies is 5-8 points; 30 or more flies (or active harborage) is Condition Level V (28 points). The fix is finding the breeding source, not just swatting the adults.
What the inspector looks for
Watch for flies in the air around drains, garbage, the bar, and produce, and look closely at the floor drains and the soda-gun holster. A cloud of small flies over a drain (drain or fruit flies) or house flies in the prep area is a violation — count climbs the more you see.
Points & grade impact
Cited at 5 points — 5 / 6 / 7 / 8 by fly count/areas (I-IV); V = 28 for >30 flies or harborage. NYC adds every cited violation’s points into one inspection score: 0–13 = A, 14–27 = B, 28+ = C.
| Condition level | Points |
|---|---|
| Level 1 | 5 |
| Level 2 | 6 |
| Level 3 | 7 |
| Level 4 | 8 |
| Level 5 | 28 |
How to fix it
Locate and eliminate the breeding source (clean drains, remove decaying organic matter, empty garbage); discard exposed food; install/repair screens and air curtains.
How to prevent it
Clean floor drains and grease traps regularly; keep garbage tightly covered; screen windows and doors; eliminate standing water and rotting produce that breed flies.
- ✓Pour boiling water or enzyme drain cleaner down every floor drain weekly — the slimy biofilm in drains is the number-one breeding site.
- ✓Clean soda-gun holsters and bar mat drip trays daily; sugary residue there breeds fruit flies fast.
- ✓Keep dumpster and garbage lids closed at all times, and toss overripe or broken produce on delivery.
- ✓Repair window screens and add air curtains or screen doors on exterior doors that open often in warm months.
Reference: Health Code §81.23(a)
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