Although the Bloomberg Administration has credited the new restaurant health grading system

Although the Bloomberg Administration has credited the new restaurant health grading system with reducing salmonella infections and helping increase business at city restaurants, many restaurateurs disagree. At a recent hearing, restaurant owners, including several Asian restaurant owners, complained about inconsistency in the health department standards, a lack of clarity in the rules and the cost of paying or fighting violations. Many Asian restaurants are in a state of confusion, World Journal reported in this translated story:

Starting from July 2010, the restaurant health rating system has incited much complaint from the food and beverage industry. On March 7, the City Council held a special public hearing to hear feedback from the restaurant industry.

The hearing became a rant session. Restaurant insiders complained that the enforcement is inconsistent, tickets are issued indiscriminately, and inspectors have a bad attitude, resulting in a great deal of time and resources spent on health violation tickets.

Many Chinese restaurants were afraid to testify against the health department for fear of retaliation, so Wellington Chen, the executive director of the Chinatown Partnership, a local development corporation, spoke on behalf of Chinese restaurants. Chen said the rating system may be helpful for tourists to choose a restaurant, but the rating process needs improvement. The organization has received many complaints that inspectors casually issue tickets, some refuse to listen to restaurateurs, and that other city agencies have also issued fines.

Scott Rosenberg, an owner of the high-end Manhattan sushi restaurant Sushi Yasuda, said that the standard for the rating system depends on the inspector, which makes it hard for restaurant owners to conform to certain standards. This was a sentiment expressed by many restaurant owners. Rosenberg said that, for example, at his restaurant’s first inspection, the inspector said that it is not acceptable to put vinegar in cooked rice. At the next inspection, a different inspector said that it is okay to put vinegar in rice, but the vinegar should be left in the rice for a certain amount of time only. At the third inspection, the inspector said that cooked rice must not be exposed in air. These inconsistent standards put the sushi chefs in a difficult spot, Rosenberg said, adding that the sushi-making process involves direct hand contact, but that certain regulations prohibit it.

City Councilman Peter Koo said that the BBQ meat at Chinese restaurants is similar to sushi at Japanese restaurants in that the cooking process makes it difficult to comply with the temperature standards. The health department should have a different set of rules for ethnic food, instead of trying to impose uniform standards, he said. Many Chinese restaurant owners have told him that the inspectors have a bad attitude, refusing to allow the restaurant staff to move around or use their hands to prepare food during the inspection. Koo also said that on behalf of restaurant owners, he wanted to point out that rat infestation is a New York City problem, not something that a restaurant can change or resolve. No matter what level of cleanliness a restaurant maintains, it cannot control rats that run around. If rat feces is found in a restaurant, many points are added to the violation, which can force restaurants to shut down.

Many restaurant owners testified that the rating system causes a financial burden. Herb Wetanson, who owns Dallas BBQ, Tony’s DiNapoli and several other restaurants, said that since the health rating system was instituted, he has spent $250,000 on tickets and restaurant improvement for his ten restaurants. Some Chinese restaurant owners even said that that the inspectors would purposely find problems, and refuse to listen to any explanation. The inspectors tell the owners to explain the situation in court, but each ticket costs hundreds of dollars, the restaurateurs complained, and going to court takes time and costs legal fees.

City Councilwoman Margaret Chen said that the rating system has several problems. Among those she listed: Some tickets issued have nothing to do with food sanitation; the inspection takes too long; the fines are too high, and the regulations are difficult to understand.

Many Chinatown restaurants privately said that inspectors do not understand the operations of a Chinese restaurant. Tickets are casually issued. The owner of a Chinese restaurant at Bayard Street said that an inspector demanded that the noodle machine be washed after each use. But the restaurant uses the machine so often that it would not be practical to wash it after each use.

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