04O — Live animal present in food-service establishment
Animals shed hair and dander and carry bacteria on their fur and feet, contaminating food and surfaces. The inspector cites a live animal found anywhere in the establishment except a service animal assisting a person with a disability (and, where specifically allowed, a companion dog in an approved outdoor dining area). It scores 5-8 points depending on how many.
What the inspector looks for
Look for any live animal in the building that is not a permitted service animal — a pet, a stray cat, a bird, a turtle. Any live animal inside a food-service establishment is cited (companion dogs are allowed only in eligible outdoor dining areas).
Points & grade impact
Cited at 5 points — 5 / 6 / 7 / 8 by number of animals across condition I-IV. NYC adds every cited violation’s points into one inspection score: 0–13 = A, 14–27 = B, 28+ = C.
How to fix it
Remove the live animal from the establishment; clean and sanitize any areas it contacted.
How to prevent it
Prohibit animals in food areas except permitted service animals; follow NYC companion-dog rules for eligible outdoor dining areas only.
- ✓Keep all animals out of food prep, storage, and service areas — staff pets included.
- ✓Train your team to recognize service animals (allowed) versus emotional-support or companion animals (not allowed indoors).
- ✓If a stray gets in, remove it and clean and sanitize anything it touched before resuming work.
- ✓Follow NYC's companion-dog rules strictly: dogs only in eligible outdoor dining areas, never inside.
Reference: Health Code §81.25
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