New York City Set to Serve Grades to Eateries

The city's Department of Health rolled out its final rules yesterday for a system that will require restaurants to post letter grades based on inspection scores beginning in late July.

Those in the restaurant industry were quick to voice disappointment. The rules didn't have significant changes from those posted in April despite vigorous opposition voiced at a public hearing last month.


A city chapter of a restaurant trade group is exploring a legal challenge and protest, said Robert Bookman, an attorney for the New York City chapter of the New York State Restaurant Association. "We're looking at all of our options," said Mr. Bookman.

Don't expect A's, B's and C's to spring up at all of the 24,000-plus affected eateries overnight. The Health Department said it will take about 14 months before the placards appear in every storefront and the first wave of letters will be A's because of the way the policy is designed.

Restaurants that receive a B or C can opt for a second inspection a few weeks later. After that inspection, those that contest their grades can install "grade pending" signs until the matter is resolved.

Restaurants that fail to post their letters will be fined; the Health Department is recommending a $1,000 fine.

The scores are based on an inspection cycle in which restaurants are inspected about once a year.

Health officials said they listened to concerns about nonfood violations being factored into their letter grades and took some of them out. But restaurant owners say the inspections are arbitrary and too many nonfood violations will still be counted.

Health Commissioner Thomas Farley said he didn't think restaurants with C's would necessarily lose business. "I actually think probably most people won't make their decision based upon a letter grade," he said. "But some of them will. And even a small percentage of them is enough to provide an economic incentive for restaurants to improve their practices."

Restaurants have said the system will put those with C's out of business. Dr. Farley said the industry has made similar dire predictions when the city banned smoking and required calorie postings in some restaurants.

Asked if he would eat in a C restaurant, Dr. Farley said, "You know, depending on the circumstances, I might."

But he added, "I certainly would prefer restaurants that have higher letter grades."