Chicago Department of Public Health - Food Protection: Licensing Requirements

Food Protection Division – Food Inspection Reporting System

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Licensing Requirements

Health Code Violations

Critical Violations
Serious Violations
Minor Violations
- Minor Violations and License Inspections
Summary of Specific Health Code Violations

Critical Violations

This category includes such occurrences as:

Inadequate storage temperatures

Inappropriate food handling practices

Improper personal hygiene

Rodent and/or insect infestation

Lack of hot running water

These types of violations create an immediate health hazard that carries a greater risk of causing food-borne illness (disease carried to humans through food). Critical violations identified during an inspection must be corrected immediately. If the business fails to do so, it fails the inspection, receives a citation, and has its business license suspended. The business owner is required to correct the violation(s) and contact the Chicago Department of Public Health to schedule an inspection to reopen the business.

See all Critical Code Violations

Serious Violations

This category includes such occurrences as:

Potentially hazardous food improperly thawed

Re-serving food previously served to another customer (except for packaged food in its original unopened packages)

Food not properly protected from contamination during storage, preparation, display, service, and transportation

These types of violations create a potential health hazard if not corrected in the timeframe specified by the Department of Public Health. Serious violations identified during an inspection, if not immediately corrected, result in a failed inspection. However, the business license is not suspended as in the case of Critical violations. A failed inspection will result in an automatic re-inspection within a period determined by the Department of Public Health.

When the food establishment is inspected, a Serious violation from the previous inspection that has not been corrected is upgraded to a Critical violation. This Critical violation requires the establishment to immediately cease operation. It also results in a citation and the suspension of the business license.

If a business immediately corrects all Serious violations, the inspection will be given a Pass with Conditions status. No re-inspection is required until the next routine inspection but the business does not get a full passing grade.

See all Serious Code Violations

Minor Violations

This category includes such occurrences as:

Poorly constructed, unclean, or dilapidated walls, ceilings, or floors

Improper storage of soiled and clean linens, coats, and aprons

Unauthorized personnel in the food-prep area

These types of violations are less likely than Critical or Serious violations to contribute to food contamination or illness and do not pose an immediate threat to the public’s health. Citations are not issued for Minor violations. However, Minor violations that are not corrected within the timeframe specified by the Department of Public Health are upgraded to Serious violations and the inspection is failed. A Serious violation due to an uncorrected previous Minor violation results in a citation.

See all Minor Code Violations

Minor Violations and License Inspections

A license inspection is an exception to the above. An application for a business license will not be approved if any violations are cited during the licensing inspection, required before a business can open. Unlike other inspections, a license inspection will fail if Minor violations are present. A business that fails a license inspection must fax a written request for re-inspection to (312) 746-8099 or call (312) 742-FOOD (3663).

Summary of Specific Health Code Violations

The following table identifies specific Critical, Serious, and Minor Health Code Violations:

Critical Health Code Violations (V1-14)
Serious Health Code Violations (V15-29)
Minor Health Code Violations (V30-44, V70)

Violation Number	Health Standard to Be Met	Violation Type
V1	All food shall be from sources approved by health authorities and safe for human consumption. Shellfish shall be obtained from an approved source and kept in their original package until sold. Molluscan shell stock shall be obtained in containers bearing legible source identification tags or labels.	Critical
V2	All food establishments that prepare, sell, or store hot food shall have adequate hot food storage facilities. All food establishments that display, prepare, or store potentially hazardous food shall have adequate refrigerated food storage facilities.	Critical
V3	All hot food shall be stored at a temperature of 140�F or higher. All cold food shall be stored at a temperature of 40�F or less.	Critical
V4	All food shall be protected from contamination and the elements, and so shall all food equipment, containers, utensils, food contact surfaces and devices, and vehicles.	Critical
V5	No person affected with or carrying any disease in a communicable form or afflicted with boils, infected wounds, sores, acute respiratory infection, or intestinal disorder shall work in any area of a food establishment in any capacity where there is a likelihood of that person contaminating food or food contact surfaces.	Critical
V6	All employees who handle food shall wash their hands as often as necessary to maintain a high degree of personal cleanliness and should conform to hygienic practices prescribed by the Board of Health.	Critical
V7	Hand washing of all tableware and drinking utensils shall be accomplished by the use of warm water at a temperature of 110�F to 120�F containing an adequate amount of detergent effective to remove grease and solids.	Critical
V8	Equipment and utensils should get proper exposure to the sanitizing solution during the rinse cycle. Bactericidal treatment shall consist of exposure of all dish and utensil surfaces to a rinse of clean water at a temperature of not less than 180�F.	Critical
V9	All food establishments shall be provided with an adequate supply of hot and cold water under pressure properly connected to the city water supply.	Critical
V10	In food establishments, there shall be adequate sewage and waste water disposal facilities that comply with all the requirements of the plumbing section of the Municipal Code of Chicago.	Critical
V11	Adequate and convenient toilet facilities shall be provided. They should be properly designed, maintained, and accessible to employees at all times.	Critical
V12	Adequate and convenient hand washing facilities shall be provided for all employees.	Critical
V13	All necessary control measures shall be used to effectively minimize or eliminate the presence of rodents, roaches, and other vermin/insect infestations.	Critical
V14	A separate and distinct offense shall be deemed to have been committed for each Serious violation that is not corrected upon re-inspection by the health authority.	Critical
Violation Number	Violation Short Description	Violation Type
V15	Food once served to a consumer shall not be re-served, with the exception of packaged food remaining in its original, unopened package.	Serious
V16	All food should be properly protected from contamination during storage, preparation, display, service, and transportation.	Serious
V17	Thawing frozen food for further processing shall be accomplished by storage in a refrigerator at 40�F or less, or by other approved method.	Serious
V18	All necessary control measures shall be used to effectively minimize or eliminate the presence of rodents, roaches, and other vermin and insects on the premises of all food establishments, in food-transporting vehicles, and in vending machines.	Serious
V19	The area outside of the establishment used for the storage of garbage shall be clean at all times and shall not constitute a nuisance.	Serious
V20	All garbage and rubbish containing food wastes shall, prior to disposal, be stored in metal containers with tight fitting lids and shall be kept covered except when opened for the disposal or removal of garbage.	Serious
V21	A certified food service manager must be present in all establishments at which potentially hazardous food is prepared or served.	Serious
V22	All dishwashing machines shall maintain proper water pressure and must be provided with suitable thermometers, chemical test kits, and gauge cocks.	Serious
V23	Dishes and other utensils shall be rinsed or scraped to remove gross food particles and other soil before washing.	Serious
V24	All dishwashing machines must be of a type that complies with all requirements of the plumbing section of the Municipal Code of Chicago and Rules and Regulation of the Board of Health.	Serious
V25	Only such poisonous and toxic materials as are required to maintain sanitary conditions may be used in food establishments and they shall not be used in any hazardous manner.	Serious
V26	When toilet and lavatory facilities are provided for the patrons of food establishments, such facilities shall be adequate in number, convenient, accessible, properly designed, and installed according to the municipal code.	Serious
V27	In all food establishments, toilet facilities shall be kept clean and in good repair and shall include an adequate supply of hot and cold or tempered water, soap, and approved sanitary towels or other approved hand-drying devices.	Serious
V28	One copy of the Food Inspection Report Summary must be displayed and visible to all customers.	Serious
V29	A separate and distinct offense shall be deemed to have been committed for each Minor violation that is not corrected upon re-inspection by the health authority.	Serious
Violation Number	Violation Short Description	Violation Type
V30	All food not stored in the original container shall be stored in properly labeled containers. The licensee shall inform the public in writing of the Chicago Department of Public Health�s Consumer Advisory relating to consuming raw and undercooked animal products.	Minor
V31	Containers and utensils shall be inverted, covered, or otherwise protected from contamination until used. All single-service drinking straws and containers shall be discarded immediately after use.	Minor
V32	All food and non-food contact equipment and utensils shall be smooth, easily cleanable, and durable, and shall be in good repair.	Minor
V33	All utensils shall be thoroughly cleaned and sanitized after each usage. All food and non-food contact surfaces of equipment and all food storage utensils shall be thoroughly cleaned and sanitized daily.	Minor
V34	The floors shall be constructed per code, be smooth and easily cleaned, and be kept clean and in good repair.	Minor
V35	The walls and ceilings shall be in good repair and easily cleaned. Use dustless cleaning methods.	Minor
V36	All rooms in which food or drink is prepared, or in which utensils are washed, shall be lighted so that a minimum of 50-foot candles of light is available on all work surfaces. Shielding to protect against broken glass falling into food shall be provided for all artificial lighting sources in preparation, service, and display facilities.	Minor
V37	Toilet rooms shall be completely enclosed and shall be vented to the outside air or mechanically ventilated. None of the operations connected with food establishments shall be conducted in any room used as living or sleeping quarters.	Minor
V38	The flow of air discharged from kitchen fans shall always be through a duct to a point above the roofline. All plumbing fixtures, such as toilets, sinks, washbasins, etc., must be adequately trapped, vented, and re-vented and properly connected to the sewer in accordance with the plumbing chapter of the Municipal Code of Chicago and the Rules and Regulations of the Board of Health.	Minor
V39	Soiled and clean linens, coats, and aprons shall be properly stored.	Minor
V40	All food establishments that display, prepare, or store potentially hazardous foods shall have calibrated metal stem thermometers, provided and conspicuous, for refrigerated and hot food units.	Minor
V41	All parts of the food establishment and all parts of the property used in connection with the operation of the establishment shall be kept neat and clean and should not produce any offensive odors. Cleaning equipment shall be properly stored away from food, utensils, equipment, and clean linens.	Minor
V42	Only employees must dispense ice for consumer use with scoops, tongs, or other ice dispensing utensils. Customers must dispense ice through appropriate automatic self-service ice dispensing equipment. All employees shall be required to use effective hair restraints to confine hair. All employees must wear garments that are clean and of washable character and nature.	Minor
V43	Between uses and during storage ice dispensing utensils and ice receptacles shall be stored in a way that protects them from contamination.	Minor
V44	The traffic of unnecessary persons through the food preparation and the utensil washing areas is prohibited.	Minor
V70	Smoking shall be prohibited in all public places except in designated smoking areas.	Minor