Cer Te Says DOH is Causing the “McDonaldization of NYC”

Despite being one of our favorite places in all of Midtown for sandwiches, Cer Te (on 55th btw. 5+6th) has been battling  poor Department of Health scores ever since the city started hanging letter grades on the windows.  They dressed up their “B” back in September, and last week a tipster pointed out that the B is now a C.  And they’re hiding it all the way at the bottom of the door.

Two lunchers decided to take them to task in the comments, and Cer Te responded with this…

Dear Midtown Readers:

Just to give you some insight on Cer te’ and our challenges with the DOH. Our philosophy is to give a “from scratch” high quality product, with value. This presents many challenges in the Midtown area due to landlords, vendors & the DOH. The website that you read was built on the notion of getting a great lunch at great price. The reason why this has not been possible in Midtown is because of the amount of each sq. ft. costs. That is why the only options are mainly fast food and high-end dining. What we do in a 3,200 sq. ft. place would take a normal restaurant about 10,000 sq. ft. As we grow, we refuse to take short cuts such as ready made food. The violations we received are mainly based on non-food items. We are committed to buying from the right sources and ensuring that we feed our customer the proper product.

Without realizing, the DOH is contributing to the McDonaldization of NYC and we refuse to bend. After all, it is much easier to store frozen & canned products, than fresh products. We are adamant about preparing our food on-premise and not having a hidden off-premise commissary that is under the radar of the DOH. The DOH hardly grades on cleanliness & they do not reward for superior products. They are more concerned about temps and holding points. We lost 15 points just on the fact the building did not have hot water, although we have a booster that heats the water as it comes through our space. We are currently appealing the C, which is why we have not displayed the sign. Anyone is welcome to take a tour of both facilities, Pizza by Certe’ (3 star Certified Green Restaurant) and Certe’… at anytime. If you do not have time to come back, go to the DOH website and read the actual violations we received. We are patiently waiting our next inspection, which we feel confident that we will receive the A that is due to us.

46 Comments

  • speaking of DoH – I stopped by the 55th & 6th location of Katsuhama today and they had a DoH notice posted – since 6/17 according to the sign…

  • User has not uploaded an avatar

    Sanitary Violations
    1) Cold food item held above 41º F (smoked fish and reduced oxygen packaged foods above 38 ºF) except during necessary preparation.

    2) Appropriately scaled metal stem-type thermometer or thermocouple not provided or used to evaluate temperatures of potentially hazardous foods during cooking, cooling, reheating and holding.

    3) Hand washing facility not provided in or near food preparation area and toilet room. Hot and cold running water at adequate pressure to enable cleanliness of employees not provided at facility. Soap and an acceptable hand-drying device not provided.

    4) Food not protected from potential source of contamination during storage, preparation, transportation, display or service.

    5) Sanitized equipment or utensil, including in-use food dispensing utensil, improperly used or stored.
    ____________________________________________________

    The DOH and owner of Cer Te report, you decide.

  • At least there was no evidence of rodents or live insects observed. Those are sort of deal breakers for me.

    I’m sort of curious about the cold food item violation… I wonder if that applies to the ready made sandwiches and paninis that they have on display?

    • User has not uploaded an avatar

      Yeah…I’m more concerned about rodents and vermin, but it’s nearly impossible to avoid things like that.

    • User has not uploaded an avatar

      Well, last fall at Cer Te: “Filth flies or food/refuse/sewage-associated (FRSA) flies present in facility’s food and/or non-food areas…,” present at two separate inspections. They also had this gem: “Live roaches present in facility’s food and/or non-food areas.”

      Here’s a tip for Cer Te: Do not challenge us to look up your DOH violations, unless you want to be forced to come back with a lot more excuses.

  • This is the only one that is of any concern to me:

    3) Hand washing facility not provided in or near food preparation area and toilet room. Hot and cold running water at adequate pressure to enable cleanliness of employees not provided at facility. Soap and an acceptable hand-drying device not provided.

    I may be in the minority here but I do not believe that the rest of the violations are anything we should be worried about. I also applaud Certe for responding (as they always do).

  • The C is for CHUBBY sandwiches!

  • I agree with the McDonaldization blah, blah, blah, and think the DOH grading system is just a scam to raise money for the city. I have my own stories involving them. But I think these are pretty lame excuses. You run a business, you serve food, it’s time to man up, do these things right, and get at least a B on your inspection, for Christ’s sake.

  • My biggest concern is more about the hiding of the letter grade and the general shady dealing feel of it. Hang the grade where you are supposed to and fix the problems…or keep the grade and hang an explanation….but don’t try to sneak around the system.

    Besides, isn’t there a hefty fine for hiding the sign like that? Wouldn’t it be better to spend the money fixing the problems than paying fines for hiding the sign?

  • User has not uploaded an avatar

    Most people do not understand that the DoHMH inspections are not standardized and are very subjective depending on the inspector.

    Also, the report that is available online to the public is a very HIGH level report and does not contain the details that are on actual reports.

    With that being said, here’s some of my insights into the violations.

    @Chris – Cold food items have actually been an issue for many restaurants. These refer to ingredients and not display items. Display items are cooked and can only be set out for a certain amount of time. As for the violation, there can be multiple reasons for this, but the biggest factor is that it is summer and it is hard (even with commercial equipment) to keep food items under 41 degrees. Also, depending on the time of inspection, if done during a busy service where refrigeration equipment is constantly being opened and closed, it is near impossible to maintain temperatures.

    @Formz – Because there is no detail, the violation may not be because there is no hand wash sink, but because the sink may be obstructed. Again, if this was during service and someone had placed something into the sink to rinse, it constitutes as a lack of hand wash facility.

    @Chris – Yes, staff do need to wear gloves during service, but the DoHMH mandates that there is hand washing facilities in the kitchen.

    @5Dollar – Given the age of many buildings in NYC, it is very difficult to avoid. And again, it is very subjective. An inspector can consider dirt or specks on the ground as rodent droppings, and that automatically becomes evidence of rodents. Also, empty boxes can be considered harborage or conditions conducive to attracting vermin. Because of the subjectivity of the inspections, I know restaurants that actually HIDE storage and other areas by closing or locking certain doors when inspectors come!

    I applaud the DoHMH in effort for letter gradings, but it is still a long ways off from execution.

    • You’ve made some really good points. It should also be noted that the DOH gives restaurants plenty of advance notice to rectify issues and plenty of second chances. If they notice issues, they’ll tell the restaurant exactly what the issues are, and give them a certain period of time to correct them (aka all the “Grade Pending” signs).

      To actually receive a C, or a B for that matter, means that the restaurant was willfully ignorant or it seems in Certe’s case, willfully accepting of the C letter grading.

      • User has not uploaded an avatar

        Exactly. Most of us are skeptical enough to take the letter grades with a grain of salt, but when you consider how few restaurants end up with the dreaded C, and the negative consequences of getting a C, it can only mean that getting a better grade just wasn’t that important to the restaurant.

        Cer Te is basically asking us to just trust them that our food safety is a priority for them, without any independent assessment, but why should we? Because their food is fresh and good? Those are possible reasons to look beyond their grade (in terms of risk/reward) but not reasons to ignore it.

    • Call a plumber and have them install a small hand sink. Then glue soap and a towel holder to the wall. Problem solved for $500 and embarrassment avoided.

      http://www.plumbingsupply.com/gsw_handwashsinks.html

  • If you drop a hot load in the toilet and don’t wash your hands, gloves wont help the person receiving your fecal focaccia…

  • User has not uploaded an avatar

    It is such a cop out to say that the DOH is contributing to the McDonaldization of NYC. I’ve eaten at plenty of amazing restaurants in this city in the past week alone, all with letter grade B or better, and there is no freshness/quality issue. I don’t mind dropping the ball on an inspection, but I hate excuses.

  • User has not uploaded an avatar

    if the DOH is contributing to the mcdonaldization of NYC… and cer te is possitive they will get an A in their next inspection… then are they now mcdonaldized? or have they found a way around the grading?

  • How many of you have ate at Cer Te and how many of you have gotten sick. Isn’t that all that really matters. Plus don’t most of you eat from the Halal and hot dog carts. I don’t see many of them with bathrooms and sinks.

  • I think their main point is that DOH rules have less to do with the quality and safety of our food as they do about arbitrary rules and temperatures that don’t actually insure that what you are eating is fresh or safe.

    For example, one year old ground meat from a bad purveyor kept in a refrigerator at the proper temperature would receive a perfect score from the DOH, while a chicken killed this morning and kept at room temperature for a few hours would be failed- even though it would be far better for you to eat the chicken.

    • But if someone takes a dookie then handles the fresh killed chicken without washing their hands, it’s still nasty

    • User has not uploaded an avatar

      Your ridiculous example is flat wrong. Having ground meat from a “bad purveyor” would result in a big violation, as food needs to come from approved sources. There are also some items that require the identifying info from the order/delivery to be kept to ensure freshness.

      • “Bad purveyor” doesn’t mean necessarily what you have assumed it to mean. A “bad purveyor” could be from a restaurant with a failing DOH grade. That particular piece of meat would get a perfect score, even if the meat was tainted due to other violations.

    • User has not uploaded an avatar

      Zach, there may be a point to be made about arbitrary rules and technical violations, but Cer Te is asking us to be believe that most of their violations fall into these categories, and that just does not seem to be the case.

      Also, your example is lousy (not least because it is irrelevant to Cer Te’s case). First, I would assume that keeping ground meat in a fridge for a year is a DOH violation (someone correct me if I am wrong). Second, I would think that if you are slaughtering animals on the premises, then there *should* be some high standards in place.

  • Every Restaurant has to abide by the same rules and Department of Health Procedures.

    How many “C” grades do you see on windows? Not many.

    In comparison to other places, regardless of what the management says, (which sounds like excuses) they have problems. I’d be leary.

    I know first hand, violations CAN be challenged in hearings and points can be reduced. Prior to a hearing, the Grade is “Pending”.

    I wonder if they already had violations removed and this is the end result.

  • Going by personal experience (on the restaurant side of the playing field) it’s all at the inspector’s discretion what he/she is willing to report and what tolerances he/she has in regards to cleanliness. They can give you shit for not labeling the food items within the fridge (even though that’s really more about quality control than food safety). Sometimes, if it just smells bad, they will have just cause to write you up.

    http://www.nyc.gov/html/doh/downloads/pdf/rii/self-inspection-worksheet.pdf

    Check out the worksheet if you’re interested. They have some ridiculous sounding things on there. Having “annoying things” can be a violation. Not having a garbage can with a lid in the *women’s* bathroom is also a violation. The 2nd one is really just a gross factor. I don’t think it actually affects food safety.

    • Uhh.. I should probably flesh that out some more. From the restaurant’s point of view, at least at the ones I’ve worked at, they label the stuff for quality control so that they know how fresh the stuff they’re putting out is. Technically, if it’s not moldy/toxic(botulinum) but just smells funky, it’s perfectly safe to eat if you cook the crap out of it and kill all of the spoilage bacteria. It will just taste bad. This is all according to the USDA. They do not explicitly tell you that spoiled foods will make you sick, only that it will taste bad.

      That’s not to say that all spoiled foods are safe because technically ALL FOODS, whether fresh or spoiled, can harbor pathogenic bacteria.

      E.Coli is undetectable to the eyes and nose because it doesn’t spoil meat but if you eat it you will definitely have some problems!

    • From the website itself:

      http://www.fsis.usda.gov/Help/FAQs_Food_Spoilage/index.asp

      Do spoilage bacteria make people sick?
      Most people would not choose to eat spoiled food. However, if they did, they probably would not get sick.

  • Certe, cut the whining and clean the place up. I’ve worked in the restaurant industry too. And when we got a bad grade (not bad enough to shut down), we got embarrassed (rightfully) and cleaned the place up. No more mold on the refrigerator doors. No more food near chemicals. No more of whatever was bothering the DOH. And that was pre-signs. Certe is in the bottom 24% of all restaurants in NYC. So cut the whining routine. You got a C and you earned it.

    Lets take your violations one by one…

    1) Cold food item held above 41º F (smoked fish and reduced oxygen packaged foods above 38 ºF) except during necessary preparation.

    (This happens, but obviously it’s a problem. Fix it.)

    2) Appropriately scaled metal stem-type thermometer or thermocouple not provided or used to evaluate temperatures of potentially hazardous foods during cooking, cooling, reheating and holding.

    (Are you kidding me? How is it possible there is no thermometer when you know it’s important?)

    3) Hand washing facility not provided in or near food preparation area and toilet room. Hot and cold running water at adequate pressure to enable cleanliness of employees not provided at facility. Soap and an acceptable hand-drying device not provided.

    (You say there’s a hot water issue and a space issue. But no soap or towels? That’s on you.)

    4) Food not protected from potential source of contamination during storage, preparation, transportation, display or service.

    (Is this the food you keep in the front for catering? Time to fix this practice.)

    5) Sanitized equipment or utensil, including in-use food dispensing utensil, improperly used or stored.

    (Lots of restaurants make this mistake. Even more don’t. Figure out how to fix it.)

    6) Non-food contact surface improperly constructed. Unacceptable material used. Non-food contact surface or equipment improperly maintained and/or not properly sealed, raised, spaced or movable to allow accessibility for cleaning on all sides, above and underneath the unit.

    (I know space is tight and equipment is expensive, but go the extra mile on this one and get a 0.)

    Certe’s behavior with the signs has been shameful. Between the BS with the B grade, to the fraudulent posting of the B up until a couple weeks ago, to now that there is no C posted out front. Take pride in your work. Find out how to fix your violatans and how to run a clean restaurant.

    BTW, the C is no anomoly. Pizza by Certe has 32 points and has been over 30 points 3 DIFFERENT TIMES!

    Violations from 06/17/2011 Inspection
    Tip! “Critical” violations are displayed in red.

    Violation points: 32

    Violations were cited in the following area(s).

    Sanitary Violations
    1) Cold food item held above 41º F (smoked fish and reduced oxygen packaged foods above 38 ºF) except during necessary preparation.
    2) Appropriately scaled metal stem-type thermometer or thermocouple not provided or used to evaluate temperatures of potentially hazardous foods during cooking, cooling, reheating and holding.
    3) Food contact surface not properly washed, rinsed and sanitized after each use and following any activity when contamination may have occurred.
    4) Wiping cloths soiled or not stored in sanitizing solution.
    5) Food contact surface not properly maintained.
    6) Other general violation.

    So what does this tell us? The mean DOH is “McDonaldsizing the city” or that Certe runs two filthy restaurants?

  • They need to take responsibility.
    Own up, take it like a man(ly restaurant), and fix the problems.

    They have to stop making excuses and looking to blame the Health Department for systemic failures.

  • User has not uploaded an avatar

    The thing with Cer Te is that it’s really not that good.

  • • Sanitary Violations
    1) Cold food item held above 41º F (smoked fish and reduced oxygen packaged foods above 38 ºF) except during necessary preparation.
    2) Appropriately scaled metal stem-type thermometer or thermocouple not provided or used to evaluate temperatures of potentially hazardous foods during cooking, cooling, reheating and holding.
    3) Hand washing facility not provided in or near food preparation area and toilet room. Hot and cold running water at adequate pressure to enable cleanliness of employees not provided at facility. Soap and an acceptable hand-drying device not provided.
    4) Food not protected from potential source of contamination during storage, preparation, transportation, display or service.
    5) Sanitized equipment or utensil, including in-use food dispensing utensil, improperly used or stored.

    Yes, this was our most recent health inspection which gave us a grade C. First, to be clear, we are not making excuses and if anyone knows this, it is ML Readers. We have always accepted your feedback in the past, and will always continue. We are discussing our issues with the DOH from the restaurant point of view. To go line by line:

    FACTS NOT EXCUSES (Inspection during lunch rush 1:30 pm)…
    1. This was a violation from a whole salmon that was just delivered to our premises 30 minutes before and was on the butcher’s cutting board ready to be cut up and grilled.
    2. This violation was due to the fact the butcher had a stem thermometer in his pocket and did not use it on the salmon (double violation).
    3. (15 pointer) This was due to the building had no hot water as discussed previously. If you are familiar with the DOH and how they write up violations, it is usually one part of a cut-and-paste summary that is the true violation.
    4. Our muffins were 2 inches higher that our glass guard.
    5. A Chef’s knife was in the sanitizing solution bucket. They require it to be dry and left on the cutting board and just to be wiped.

    We acknowledge that the DOH is here for food safety and we are all for that, but as explained in previous communication, we believe there is more to it. Since the letter grading system was instituted, every restaurant has accrued on an average of a 300% increase in what is paid out to the DOH and consultants to help with compliance. We have stated that we will work hard and strive for the A at this point no matter what the costs are to us, our clients, and our employees. We are members and strong believers in the “slow food” movement and whether you like our food or not, it does have a distinct freshness that appeals to most. Take a hard and close look at the Midtown restaurants with A’s and ask 2 questions: 1. Can I afford to eat here every day for lunch? and 2. Do I believe all their food was made on premise? We understand how this sounds like we are making excuses, but we are very frustrated with the system and truly do feel it puts us at a disadvantage. We highly resent the word “filthy” to be associated with our restaurants and still hold to our invitation to anyone who would like a tour.

  • User has not uploaded an avatar

    I am a chef and have to side with certe. I watched a generation of young american chefs take new york city to be the food capital of the world a couple of decades ago. Recently, I see lots of chain, theme and multi unit restaurants opening up in NYC and watering down the hard work of those chefs in the 80s-present. At least we have BROOKLYN!!!!!

    • User has not uploaded an avatar

      Yes, thank god we have Brooklyn, where we are free from the clutches of the dreaded DOH!

      Oh, wait a minute. That makes no fucking sense. Never mind.

    • User has not uploaded an avatar

      I like how it’s “facts not excuses” which is immediately followed by “inspection during lunch rush 1:30pm”.

      It also sounds like your explanation for #1 would clearly fit in the violation qualifier of “except during necessary preparation”. You’re either being untruthful or you couldn’t successfully appeal that slam dunk, which may say even more.

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