06B — Eating, smoking or drinking in food-prep or warewashing area
This is eating, drinking from an open container, or smoking/vaping in a food-prep or dishwashing area — or signs that it happened (a cup ring, ash, butts). Hand-to-mouth-to-food contact, and ash or saliva, can contaminate food and surfaces. The inspector looks for the items themselves and for leftover evidence on counters and in bins. Keep food, drinks, and tobacco in a separate break area away from where food is handled.
What the inspector looks for
Scan prep and dish areas for a coffee cup, food, gum, a vape, or cigarette butts on a counter or in a trash can. No eating, drinking from open cups, or smoking/vaping is allowed in food-prep or warewashing areas. Any of these fails.
Points & grade impact
Cited at 5 points — 5 / 6 / 7 / 8 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
Stop and remove all food, drink and tobacco from prep and warewashing areas; clean any residue.
How to prevent it
Designate a separate break area away from food; prohibit eating, drinking from open containers, and smoking/vaping in prep, storage and warewashing areas.
- ✓Set up a designated break/drink area away from all food prep and dishwashing.
- ✓Keep open cups, coffee, and snacks off prep counters and out of the dish pit entirely.
- ✓No smoking or vaping anywhere food, utensils, or clean dishes are handled or stored.
- ✓Clear and wipe any cup rings, crumbs, or ash before service so there is no 'evidence' to cite.
Reference: Health Code §81.13(g)
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