NEW YORK—When you go to a restaurant, a letter on the front window reflects the grade received from the Health Department after inspection. The grade can be an A, B or C.
The system was inaugurated just over 18 months ago to promote food safety, and restaurateurs are now complaining about unfair treatment.
If a restaurant doesn’t get an ‘A’ on the first inspection, the Health Department doesn’t issue a grade. Instead, it reinspects the restaurant about a month later and gives a grade based on the second inspection.
Some restauranteurs who get a grade other than an ‘A,’ end up with an ‘A,’ if the administrative judge rules in their favor.
The Health Department, though, essentially looks at the restaurant’s original grade instead of the grade the judge awards.
“[When] the restaurateur goes and makes his case in front of an administrative law judge, the health department in general is not in the room—our inspectors are out inspecting other restaurants,” said Health Department Commissioner Thomas Farley on Wednesday. “They make their decision and we stand by that decision. On the other hand, if our inspection came up with scores that gave that restaurant a C, and we still have enough concerns, we feel it’s appropriate to come back in a shorter period of time.”
