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New York City Council
Oversight - Food Service Establishment Inspections in New York City
Read summaries and jump into the video at the segment start.
Council staff welcomes attendees to the Committee on Health hearing, asks everyone to silence electronic devices, and directs those wishing to testify to fill out a slip with the Sergeant at Arms. Staff also warns that no one may approach the front desk and then invites the Chair to begin.
Council Member Lynn Schulman opens the hearing as Chair and thanks colleagues and the Department of Health and Mental Hygiene for attending. She notes that Council Members Marte, De La Rosa, Wilson, and Ariola are joining, with Ariola on Zoom.
Schulman says public health means protecting New Yorkers in daily life, including safe food, consistent standards for businesses, and accessible health information. She says the committee will examine DOHMH oversight of food service inspections and consider related food safety, restaurant accountability, tobacco, disease prevention, and children's nutrition bills.
Schulman cites Council analysis showing initial sanitary inspections fell from 99.5% of restaurants in FY2019 to 69.7% in FY2025. She attributes the drop to COVID-19 impacts on inspection rates and public health sanitarian staffing, though monthly inspections have recently increased.
Schulman says facility and equipment maintenance and pest presence and prevention account for nearly half of all violations. She argues this shows why routine inspections, accurate documentation, and timely corrective action are essential.
Schulman says the committee will consider six introductions and one resolution, starting with proposals on restaurant operations, food safety, and accountability. She describes Intro 189-A on photographing violations, Intro 908 on digital certificate verification, and Intro 1124 on five-year food protection certificate renewal.
Schulman introduces Intro 405-A, which sets nutrition standards for children's meals at chain restaurants, and Intro 947, which would allow qualifying tobacco bars facing hardship to transfer registration and a retail dealer license once. She says DOHMH's perspective on tobacco licensing and public health implications will be important.
Schulman describes Intro 1094, requiring building owners to report Legionella test results of at least 10 CFU/mL to DOHMH, following a September hearing on Legionnaires' disease. She also introduces Resolution 152, supporting state legislation on certain food additives and color additives in schools.
Schulman thanks colleagues for the proposals and DOHMH Deputy Commissioner Corinne Schiff for appearing. She says she looks forward to discussion on strengthening restaurant inspections, food safety, foodborne illness, and rebounding inspection rates.
Schulman reads a statement from Council Member Santoso, sponsor of Intro 908, which would create a digital database of food protection certificate holders. Santoso says the bill closes a bureaucratic loophole that penalizes restaurants when a certified worker lacks a physical certificate, without changing food safety requirements.
Schulman reads a statement from Council Member Riley on Intro 405-A, the Healthy Kids Meals Bill, which would strengthen nutrition standards for children's meals at chain restaurants. Riley also discusses Intro 947, which would create a pathway for eligible tobacco bars facing financial hardship to relocate and resume operations under DOHMH oversight.
The Chair asks staff to administer the oath to witnesses. Staff asks the witness to affirm to tell the truth, the witness answers yes, and Chair Schulman acknowledges that Council Member Epstein has joined before testimony proceeds.
Corinne Schiff introduces herself as Deputy Commissioner for Environmental Health and names colleagues Kim Kessler, Dr. Achala Talati, and Vasuda Reddy. She says she will testify on food safety, foodborne illness outbreaks, tobacco control, nutrition in restaurants, and cooling tower regulation.
Schiff says DOHMH permits restaurants, educates owners, trains supervisors, conducts unannounced inspections, and issues letter grades. She notes about 90% of restaurants currently post an A grade, and the department investigates food poisoning complaints and outbreaks such as the nationwide cyclospora outbreak.
Schiff says New York City has long led in tobacco control through the Smoke-Free Air Act, which reduced smoking by over 50% since 2002. She ties continued tobacco prevention to Healthy NYC and a multi-agency chronic disease strategy, noting smoking remains a leading cause of death.
Schiff describes DOHMH's cooling tower program: issuing regulations, conducting outreach and training, inspecting systems, and issuing summonses for noncompliance. She says the department also responds to Legionnaires' disease clusters by testing towers and requiring cleaning and disinfection.
Schiff explains that Intro 908 would require DOHMH to maintain and check a database of food protection certificate holders before enforcement. She says a trained supervisor on site is critical, but the department is concerned about maintaining decades of records; she supports the intent of Intro 1124's five-year renewal and wants to work with Council on details.
Schiff says Intro 189 would require photographs or video of violations cited during inspections. She says inspectors already document findings in reports and summonses and explain them to operators, but photographing and storing evidence could lengthen inspections and require significant data resources.
Schiff says the 2001 Smoke-Free Air Act ended new tobacco bar permits and allowed existing bars to continue only in their existing locations to achieve attrition. She argues allowing tobacco bars to relocate or reopen after closing undermines the law and risks secondhand smoke exposure in nearby homes and businesses.
Schiff says the department supports steps to make default food choices healthier and looks forward to strengthening Intro 405 on children's menus. On Intro 1094, she says DOHMH already requires reporting at higher Legionella levels and mandates corrective action at the same low level in the bill, and welcomes further discussion.
Schulman asks whether the 90% A-grade rate has always been the plateau. Schiff says restaurant grading launched in 2010, with 85% A grades in FY12, rising to 90% now, with some variation around COVID.
Schiff describes the grading system as an open-book exam with two chances to earn an A. If a restaurant does not earn an A on initial inspection, DOHMH returns for a re-inspection, usually aiming for about a month when fully staffed, and issues no summons if the restaurant earns an A.
Schulman asks about the ombudsman office for establishments. Schiff says the ombudsperson is a point of contact for restaurant owners, can review concerns, and can coach inspectors if issues arise; she says DOHMH also sends industry e-blasts with ombudsperson and customer service contacts.
Schiff says DOHMH regulates about 40,000 food service establishments, of which about 30,000 are restaurants, plus cafeterias, older adult centers, correctional facilities, and soup kitchens. She confirms complaints can be made through 311 and says DOHMH will check its website for additional complaint information.
Schiff says DOHMH inspected almost 21,400 restaurants in FY26, almost 21,000 in FY25, and just over 20,000 in FY24. She attributes the increase to ongoing recruitment and training of new inspectors.
Schulman notes the FY2026 Mayor's Management Report says DOHMH inspected 71% of restaurants, below the 100% target. Schiff says about 8,800 restaurants were not inspected in FY26 and just under 500 had gone two or more years without inspection, while the department aims to inspect 100% and continues recruiting.
Schiff says DOHMH inspects in every neighborhood and does not find any location especially hard to inspect. She describes the pest control program, restaurant pest-management training, and internal cross-referrals, and Schulman suggests coordinating with DOB on construction that affects nearby businesses.
Schulman asks how DOHMH settled on the 1,000 CFU/mL mandatory notification threshold and whether it objects to lowering it to 10. Schiff says 1,000 is a longstanding CDC and research action level used by other jurisdictions, and notes DOHMH already requires corrective action at the same lower levels proposed in the bill.
Schiff explains that a 1,000 CFU result suggests a cooling tower operator may not fully control their maintenance program. She says a DOHMH unit follows up with buildings to ensure corrective action, sampling, and reporting, and notes the new 30-day sampling requirement will give operators more information.
Schulman says two outbreaks this year and hotter summers linked to climate change make new Legionella approaches necessary, and she plans expert testimony on her bill. Schiff says DOHMH looks forward to discussing how it would triage notifications if Intro 1094 passes.
Schulman asks about Intro 1124's food protection certificate renewal and notes her chief of staff, a certified chef, suggested the idea. Schiff says every restaurant must have a supervisor with an FPC on site, the course is offered at the Health Academy and by authorized providers, and passing the exam earns a wallet-sized card.
Schiff says the in-person food protection course costs $114, the online course is free, and the review and exam cost $24. She says DOHMH offers free annual food safety training in person and online and will get back to Schulman on revenue generated.
Schulman asks questions for Council Member Santoso's Intro 908, including whether a digital database of FPC holders exists. Schiff says DOHMH maintains a database but records are kept for only 10 years, so older certificates may be unavailable, and that record limitations and the volume of 35,000 annual trainees are challenges.
Schulman asks about operational changes, whether AI could help, and the policy for missing FPC violations. Schiff says DOHMH is still studying it, cited about 2,800 violations in FY26 for no FPC holder on site, and says inspectors try database verification when possible; she confirms immigration status is not collected or maintained.
Schulman asks how DOHMH establishes a violation existed when a restaurant challenges it, especially after correction, and asks about appeals. Schiff describes the inspection as a teachable moment with a checklist, printed report, and summons, and says restaurants can contest findings and present evidence at OATH.
Schiff says inspectors are trained to document observations in sworn summonses and detailed reports. She says DOHMH maintains written protocols and training materials and will follow up on exact inspection record retention periods; she says the department has some record of dismissed or reduced violations but has not recently analyzed trends.
Schiff says inspectors already record detailed observations, such as counting mouse droppings, and questions whether photographs are needed for every violation. She says the bill's documentation requirement applies once an inspection reaches 14 or more points, but the score is unknown until the end, so the impact could be complex.
Schiff says closing a restaurant is an extreme measure requiring multiple levels of supervisory review and is used only when conditions cannot be corrected before the end of an inspection. She says DOHMH gives owners detailed correction requirements and customer service support, and reopening time varies from next-day repairs to longer pest remediation.
Schulman asks how DOHMH enforces current local law on beverages offered with children's meals. Kim Kessler says these requirements are part of the regular inspection and enforcement process.
Kessler says childhood nutrition is a major priority and cites data that 5% of younger children and 10% of public high school students had no fruits or vegetables the previous day. She says the bill would allow whole milk because it is recommended for ages one to two, but DOHMH has concerns about added sugars in flavored milk.
Schulman asks whether DOHMH has received relocation requests from tobacco bar operators and notes that some were displaced when landlords sold buildings during COVID. Kessler says she is not sure about specific requests and underscores the public health success of the Smoke-Free Air Act.
Kessler says tobacco bars have declined from eight to five, consistent with the Smoke-Free Air Act's goal of reducing exposure. Dr. Talati says secondhand smoke contains cancer-causing chemicals, worsens asthma, and has no safe level, and that DOHMH receives thousands of complaints about secondhand smoke exposure.
Schulman asks whether tobacco retail density is linked to adverse health outcomes at the community district level and whether DOHMH has data on complaints involving tobacco bars. Kessler says tobacco retail reduction is a core strategy, five tobacco bars currently operate, and DOHMH would welcome discussing amendments that preserve public health.
Council Member Epstein asks whether the 90% A-grade rate differs between takeout and sit-down restaurants, and whether violations are higher for takeout. Schiff says DOHMH does not have that distinction but will check, and Epstein says his office hears more complaints about takeout establishments and buffets.
Epstein describes takeout places in his district that have repeated inspections, violations, and shutdowns but keep reopening. Schiff says DOHMH has authority to act against owners unable to comply but exercises it extremely rarely, preferring technical assistance and an inspection history report; she will provide data on how often the authority is used.
Epstein asks about recycling and trash issues around takeout locations and whether missing bins are a health department matter. Schiff says DOHMH inspects trash handling that could cause pests inside restaurants, but curb trash may involve another agency, and she will follow up for more detail.
Council Member Wilson, a former server, describes restaurants using host alarms to stall inspectors and asks how DOHMH collaborates with industry on practical peak-service conditions. Schiff acknowledges some restaurants do this, says inspections are unannounced to see actual practices, and emphasizes ongoing training and education.
Wilson asks how DOHMH manages inspection timing so restaurants do not lose shifts of income. Schiff says restaurants are not required to stop service, inspections are randomized from DOHMH's side and unannounced to restaurants, and the decision to pause service is the restaurant's.
Wilson asks how DOHMH ensures landlords of commercial food spaces are partners in hygiene and food safety. Schiff says DOHMH's relationship is with the permit holder but some obligations, such as pest-free property conditions, fall on building owners, and the department may cross-refer to its pest control program.
Council Member Narcisse says she previously owned a restaurant and an adult day care and asks about DOHMH's FY2027 food service inspection budget and inspector salaries. Schiff says the Food Safety Bureau budget is about $25 million, with about $20 million for personnel.
Narcisse asks how long restaurants sit on grade pending while contesting violations at OATH. Schiff says restaurants may keep grade pending cards while waiting for OATH hearings, and questions about how long that takes should be directed to OATH.
Narcisse asks about the most common critical violations and what DOHMH does beyond fines, and how long a newly opened restaurant waits for inspection. Schiff lists vermin-proofing, harborage, food contamination, unsafe temperatures, and equipment maintenance, and says she will get back to Narcisse on new-restaurant inspection timing.
Council Member De La Rosa asks whether five-year recertification would help the 10% of restaurants without an A. Schiff says ongoing training could help but she does not know if it would reach 100% A grades; De La Rosa also asks whether the certification exam is available in multiple languages, and Schiff says the guide is in 36 languages but will check on the exam.
De La Rosa asks how restaurants are notified when health or food safety rules change and whether renewal should be tied to major changes. Schiff describes public comment notices, industry emails, guidance materials, and compliance periods, but notes tying renewal to a single date would cause all FPC renewals to happen at once.
Schulman asks about DOHMH's hiring target for additional health inspectors and when full staffing is expected. Schiff says recruitment is active, the commissioner is enthusiastic and has promoted the job, and DOHMH wants to be fully staffed as soon as possible.
Schulman asks how much DOHMH spent on inspector overtime in FY2025 and FY2026 and whether overtime is sustainable. Schiff says a few hundred thousand dollars, overtime is used to approach inspection targets but is not the goal, and barriers include science-degree requirements and no work-from-home option; she says funding is not the main issue.
Schulman asks what percentage of restaurants earn an A on initial inspection versus re-inspection, and about missing or obscured grade cards. Schiff says a bit over half earn an A initially and says grade posting is checked in routine inspections, complaints, and sweeps, with just over 870 violations issued in FY26.
Schulman asks what happens when a restaurant with a B does not appear at its OATH hearing and how long that B stays posted. Schiff says the grade becomes final after the hearing opportunity and DOHMH returns in the next cycle, within a few months when fully staffed, to give another chance at an A.
Schulman praises DOHMH for being extremely prepared and thanks the department and inspectors for their work protecting the city. She announces a five-minute break before public testimony.
Schulman opens public testimony, reminds attendees that decorum must be observed, and explains rules for witness testimony, written submissions, and no video or audio recordings at the witness table. She says each speaker has two minutes and calls the first panel of Charlton Smith and Carmen DeLeon, while acknowledging Pace University students in the room.
Carmen DeLeon, president of Local 768, says public health sanitarians and the Bureau of Food Safety face a staffing shortage and low salaries. She says the union will conduct salary metrics and raises concerns about physical and verbal assaults during inspections, calling Intro 189's documentation process impractical and redundant.
Charlton Smith, Executive Vice President of Local 768 with 24 years at DOHMH, opposes Intro 189. He argues mandatory photo or video documentation for every cited violation would create administrative burdens, privacy risks, inspector distraction, safety and confrontation risks, data storage issues, inconsistent enforcement, and over-reliance on visuals, and he urges the Council to retain the existing discretionary framework.
Schulman asks where New York City salaries for public health sanitarians rank compared with other cities. DeLeon says the union compares New York with California, Oregon, and Chicago and will provide metrics, and estimates base salaries start around $45,000 to $50,000 and remain comparatively low.
Schulman reminds the public that testimony must be on the topic of food inspections and that off-topic testimony will not be allowed. She calls the next panel of Jacob Zychick and Michael Davoli and explains that each has two minutes and may submit longer written testimony.
Michael Davoli of the American Cancer Society Cancer Action Network opposes Intro 947, saying it would undermine the Smoke-Free Air Act's attrition strategy and risk more tobacco saturation. He notes six tobacco bars but over 6,000 licensed tobacco retailers and says tobacco-related illness kills over 12,000 New Yorkers yearly; he also expresses support for the children's meal legislation.
Jacob Zychick of the American Heart Association supports Intro 405, citing high childhood obesity and low fruit and vegetable consumption in New York City. He says the bill would require a non-juice fruit serving, a non-deep-fried vegetable serving, smaller juice portions, and nutrition standards, but AHA has concerns that including whole and flavored milk would weaken current beverage defaults.
Christina Danson testifies in favor of Intro 947 even though she does not support tobacco use. She cites a 1942 court decision, Good Humor v. City of New York, for the principle that government should regulate rather than ban lawful licensed businesses, and she praises the Council for trying to help small businesses.
Schulman moves the hearing to virtual testimony, calls Kevin Dugan and then Virginia Villa, and waits through technical problems with the video connection. After the screen freezes and Villa checks her connection, the hearing prepares to restart her testimony.
Virginia Villa of the Hotel and Gaming Trades Council supports Intro 1094. She describes a summer hotel case where Legionella levels were below the 1,000 CFU reporting threshold, so workers and guests were not notified and remediation only followed arbitration; she says lowering the reporting threshold to 10 CFU would improve transparency and protect workers and guests.
Philip White, former manager of Vancouver's cooling tower registry, supports Intro 1094 and suggests requiring every monthly Legionella result to be reported, not only those at or above 10 CFU. He says full reporting verifies testing is happening, 10 CFU is the right threshold, and Vancouver reduced repeat Legionella results by 86% in four years through follow-up on repeated systems.
Jan Horn, president of the Cooling Technology Institute, opposes lowering the Legionella reporting threshold to 10 CFU/mL. He argues policy should follow demonstrated public health benefits, says major technical guidance emphasizes comprehensive water management over a single low test result, and offers CTI as a technical resource.
Schulman asks Horn about the Vancouver testimony and its success rate. Horn says he likes the focus on the entire building water system, including boilers, piping, and showers, not just cooling towers; Schulman then asks him to review the state Source to Tap bill and let the committee know his thoughts offline.
Schulman calls for David Brinker, sees no further witnesses, and notes that written testimony will be reviewed and may be submitted up to 72 hours after the hearing by email. She then closes the hearing and thanks everyone who participated.