08C — Toxic materials or pesticides improperly stored or used
Only EPA-registered pesticides applied by a licensed professional are allowed, and bait must be in tamper-resistant stations so it can't get near food or people. Operators get cited for spraying their own store-bought insecticide, keeping a prohibited product, or leaving loose bait blocks under equipment. This is a 2-5 point General violation by number of problems (up to 28 if not corrected). Self-spraying also often makes a roach problem worse and can contaminate food. Pest control is a job for your contractor, not a can from the hardware store.
What the inspector looks for
Look for pest bait: any open or loose bait must instead be inside a tamper-resistant, locked station. Check for cans of consumer bug spray or any pesticide in the kitchen, and confirm a NYS DEC-licensed pro is doing treatments. Open bait stations or prohibited/self-applied pesticides are the violation.
Points & grade impact
Cited at 2 points — 2 / 3 / 4 / 5 by number of types across condition I-IV; failure to correct → 28. NYC adds every cited violation’s points into one inspection score: 0–13 = A, 14–27 = B, 28+ = C.
How to fix it
Remove prohibited pesticides; secure bait in tamper-resistant locked stations; store and label all toxics correctly.
How to prevent it
Leave pest treatment to your NYS DEC-licensed professional; keep bait in tamper-resistant stations; never keep prohibited pesticides or self-spray insecticide in the kitchen.
- ✓Leave all pesticide application to your NYS DEC-licensed pest professional — don't keep or use consumer bug spray in the kitchen.
- ✓Keep every bait placement in a tamper-resistant, locked station; no loose bait blocks or open trays.
- ✓Toss any prohibited or unlabeled pesticide product immediately.
- ✓Keep your pest control service records and product labels on site so you can show what's being used.
Reference: Health Code §81.17(g)
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