
When restaurant managers prep for a health inspection, they usually focus on the “big hitters”ārefrigerator temperatures, sanitizer concentrations, and hot-holding stations. But health inspectors warn that two of the quickest ways to fail an inspection are buried in the Good Hygienic Practices section: Item #6 (Proper eating, tasting, drinking, or tobacco use) and Item #7 (No discharge from eyes, nose, and mouth).
While these violations don’t require a thermometer to catch, they represent an immediate risk of viral and bacterial transmissionāmost notably Norovirus and Staphylococcus aureus.
The Breakdown on Item #6: The Open Drink & The Double-Dip
Item #6 focuses heavily on where and how employees consume items. Inspectors frequently flag lines for an employee drinking from an open-top soda cup or a plastic water bottle on a prep table.
- The Rule: Employees may only drink from a closed container with a lid and straw, and it must be stored in a designated area away from food-contact surfaces.
- Tasting Food: Chefs tasting sauces must use a clean utensil every single timeānever “double-dipping” or using fingers.
- Tobacco/Vaping: Smoking or vaping must happen entirely outside and away from the kitchen, followed by an immediate, mandatory handwash before returning to work.
The Breakdown on Item #7: The Sick Line Cook
Item #7 is a zero-tolerance policy for respiratory or ocular symptoms on the line. If an employee is actively sneezing, coughing, or has watery, discharging eyes due to an illness or severe allergies, they cannot work around uncovered food, clean utensils, or linens.
- The Risk: Persistent coughing and sneezing atomize droplets, carrying pathogens directly onto ready-to-eat foods or prep tables.
- Management Duty: The Person in Charge (PIC) is legally obligated to restrict or entirely exclude symptomatic employees from the kitchen. If an inspector observes a line cook wiping a runny nose with an apron and continuing to plate food, it triggers an immediate violation.
- The Takeaway: Kitchen culture needs to treat employee health and personal habits as strictly as they treat raw chicken. Keep drinks covered, taste safely, and if your staff is coughing, keep them away from the line.
Point Losses: What Does This Cost Your Score?
Because the FDA Food Code is a model code and not a federal law, individual states and counties write their own grading metrics. However, Items #6 and #7 are categorized as Core or Priority Foundation items depending on the specific severity observed.
The breakdown of what you will typically lose across various state grading systems includes:
1. The 100-Point Deductive System
In states where inspections start at 100 points and deduct for violations, these items are weighted based on risk:
- Item #6 (Eating/Drinking): Usually costs 1 to 2 points if it’s an isolated issue (like an open water bottle). However, if a chef is caught double-dipping or vaping on the line, it can escalate.
- Item #7 (Discharge/Sick Employee): Usually costs 4 to 5 points because it directly ties into employee health controls and active managerial failure to restrict a sick worker.
2. The Letter Grade System
In these jurisdictions, points are handed out against you (lower points = better grade; 0ā13 points is an “A”).
- Item #6: Typically triggers a Critical or General Violation, costing 2 to 5 points depending on if food was actively contaminated.
- Item #7: Automatically classified as a Critical Violation. If a sick employee is working on food, it will easily rack up 5 to 7+ points, threatening an immediate drop to a “B” or “C” grade.
3. The Risk-Factor “Non-Scored” System
Many progressive health departments have eliminated numbers entirely. They grade purely on IN or OUT of compliance for Foodborne Illness Risk Factors.
While an open drink (Item #6) will just require an immediate on-site correction (throwing the drink away), an unchecked sick employee (Item #7) will mark the facility OUT of compliance for Employee Health. This often triggers a mandatory, expedited re-inspection within 3 to 10 days.
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