BURGER DINER
1 BANK STREET, PEEKSKILL, NY 10566 · Restaurant (Food Service Establishment)
Inspection summary
BURGER DINER has been inspected 19 times by New York State Department of Health (NYSDOH) since October 16, 2014. The most recent inspection, on November 4, 2022, recorded 4 infractions.
1 of 19 inspections on record found no infractions at all. No inspections are on record from the past 12 months. The higher-risk findings here relate to: Food temperature control, Cleaning and sanitizing and Pests.
Recent inspections have recorded more infractions than earlier ones, so it is worth reading the latest reports closely.
What these findings mean
Health authorities word their violations differently, so we group them by what they mean for food safety. Higher-risk findings are the ones inspectors treat as critical, because they can directly make someone sick.
Food temperature controlHigher risk
Bacteria multiply fastest between about 4 °C and 60 °C (40 °F to 140 °F). Inspectors check that cold food stays cold, hot food stays hot, cooked food is cooled quickly, and that staff have accurate thermometers. Temperature problems are one of the most common causes of food poisoning, so these are treated as critical findings.
Recorded 19 times across 10 separate inspections, most recently on September 29, 2022. For example:
Potentially hazardous foods are not cooled by an approved method where the food temperature can be reduced from 120oF to 70oF or less within two hours and 70oF to 45oF within four hours.
Cleaning and sanitizingHigher risk
Anything that touches food, such as cutting boards, dishes and utensils, must be washed, rinsed and sanitized. Inspectors check dishwasher temperatures, sanitizer strength and how wiping cloths are stored. Poor sanitizing lets bacteria survive from one use to the next.
Recorded 12 times across 8 separate inspections, most recently on November 4, 2022. For example:
Food (ice) contact surfaces are improperly designed, constructed, installed, located (cracks, open seams, pitted surfaces, tin cans reused, uncleanable or corroded food contact surfaces)
PestsHigher risk
Signs of mice, rats, cockroaches or flies, or gaps and clutter that let them get in or hide. Pests carry bacteria and can contaminate food and surfaces, so evidence of activity is treated seriously and usually triggers a follow-up visit.
Recorded 11 times across 9 separate inspections, most recently on October 4, 2022. For example:
Premises littered, unnecessary equipment and article present, living quarters no completely separated for food service operations, live animals, birds and pets not excluded
Handwashing and staff hygieneHigher risk
Hands are the main way germs like norovirus move from people to food. Inspectors look for stocked, accessible handwashing sinks, staff washing hands when required, hair restraints, and sick employees being kept away from food. Gaps here can spread illness quickly.
Recorded 8 times across 5 separate inspections, most recently on September 29, 2022. For example:
Toilet facilities inadequate, inconvenient, dirty, in disrepair, toilet paper missing, not self-closing doors, missing hand wash signs
Protecting food from contaminationHigher risk
This covers how food is stored, prepared and displayed: raw meat kept away from ready-to-eat food, food covered and stored off the floor, and nothing dripping or splashing into it. Cross-contamination from raw to cooked food is a direct route for salmonella and E. coli.
Recorded 6 times across 6 separate inspections, most recently on November 13, 2020. For example:
Food not protected during storage, preparation, display, transportation and service, from potential sources of contamination (e.g., food uncovered, mislabeled, stored on floor, missing or inadequate sneeze guards, food containers double stacked)
About this data
These results come from New York State Department of Health (NYSDOH), which inspects food premises and other public facilities in this area. We republish the authority's public disclosure data and refresh it regularly; the official record is the final word.
19 inspections
- Re-Inspection
4 infractions
- 10A: Food (ice) contact surfaces are improperly designed, constructed, installed, located (cracks, open seams, pitted surfaces, tin cans reused, uncleanable or corroded food contact surfaces)
- Not Critical Violation
- 15B: Lighting and ventilation inadequate, fixtures not shielded, dirty ventilation hoods, ductwork, filters, exhaust fans
- Not Critical Violation
- 15A: Floors, walls, ceilings, not smooth, properly constructed, in disrepair, dirty surfaces
- Not Critical Violation
- 10B: Non-food contact surfaces and equipment are improperly designed, constructed, installed, maintained (equipment not readily accessible for cleaning, surface not smooth finish)
- Not Critical Violation
- 10A: Food (ice) contact surfaces are improperly designed, constructed, installed, located (cracks, open seams, pitted surfaces, tin cans reused, uncleanable or corroded food contact surfaces)
- Re-Inspection
6 infractions
- 8B: In use food dispensing utensils improperly stored
- Not Critical Violation
- 15A: Floors, walls, ceilings, not smooth, properly constructed, in disrepair, dirty surfaces
- Not Critical Violation
- 15B: Lighting and ventilation inadequate, fixtures not shielded, dirty ventilation hoods, ductwork, filters, exhaust fans
- Not Critical Violation
- 10B: Non-food contact surfaces and equipment are improperly designed, constructed, installed, maintained (equipment not readily accessible for cleaning, surface not smooth finish)
- Not Critical Violation
- 15C: Premises littered, unnecessary equipment and article present, living quarters no completely separated for food service operations, live animals, birds and pets not excluded
- Not Critical Violation
- 10A: Food (ice) contact surfaces are improperly designed, constructed, installed, located (cracks, open seams, pitted surfaces, tin cans reused, uncleanable or corroded food contact surfaces)
- Not Critical Violation
- 8B: In use food dispensing utensils improperly stored
- Inspection
15 infractions
- 15C: Premises littered, unnecessary equipment and article present, living quarters no completely separated for food service operations, live animals, birds and pets not excluded
- Not Critical Violation
- 5B: Potentially hazardous foods are not cooled by an approved method where the food temperature can be reduced from 120oF to 70oF or less within two hours and 70oF to 45oF within four hours.
- Critical Violation
- 8B: In use food dispensing utensils improperly stored
- Not Critical Violation
- 12D: Toilet facilities inadequate, inconvenient, dirty, in disrepair, toilet paper missing, not self-closing doors, missing hand wash signs
- Not Critical Violation
- 8E: Accurate thermometers not available or used to evaluate refrigerated or heated storage temperatures
- Not Critical Violation
- 11A: Manual facilities inadequate, technique incorrect; mechanical facilities not operated in accordance with manufacturer's instructions
- Not Critical Violation
- 10B: Non-food contact surfaces and equipment are improperly designed, constructed, installed, maintained (equipment not readily accessible for cleaning, surface not smooth finish)
- Not Critical Violation
- 10A: Food (ice) contact surfaces are improperly designed, constructed, installed, located (cracks, open seams, pitted surfaces, tin cans reused, uncleanable or corroded food contact surfaces)
- Not Critical Violation
- 1G: Cracked/dirty fresh eggs, liquid or frozen eggs and powdered eggs not pasteurized.
- Critical Violation
- 15A: Floors, walls, ceilings, not smooth, properly constructed, in disrepair, dirty surfaces
- Not Critical Violation
- 5A: Potentially hazardous foods are not kept at or below 45�F during cold holding, except smoked fish not kept at or below 38�F during cold holding.
- Critical Violation
- 15B: Lighting and ventilation inadequate, fixtures not shielded, dirty ventilation hoods, ductwork, filters, exhaust fans
- Not Critical Violation
- 5E: Enough refrigerated storage equipment is not present, properly designed, maintained or operated so that all potentially hazardous foods are cooled properly and stored below 45�F as required.
- Critical Violation
- 11D: Non food contact surfaces of equipment not clean
- Not Critical Violation
- 12E: Handwashing facilities inaccessible, improperly located, dirty, in disrepair, improper fixtures, soap, and single service towels or hand drying devices missing
- Not Critical Violation
- 15C: Premises littered, unnecessary equipment and article present, living quarters no completely separated for food service operations, live animals, birds and pets not excluded
- Re-Inspection
3 infractions
- 12C: Plumbing and sinks not properly sized, installed, maintained; equipment and floors not properly drained
- Not Critical Violation
- 15B: Lighting and ventilation inadequate, fixtures not shielded, dirty ventilation hoods, ductwork, filters, exhaust fans
- Not Critical Violation
- 15C: Premises littered, unnecessary equipment and article present, living quarters no completely separated for food service operations, live animals, birds and pets not excluded
- Not Critical Violation
- 12C: Plumbing and sinks not properly sized, installed, maintained; equipment and floors not properly drained
- Re-Inspection
6 infractions
- 12C: Plumbing and sinks not properly sized, installed, maintained; equipment and floors not properly drained
- Not Critical Violation
- 8A: Food not protected during storage, preparation, display, transportation and service, from potential sources of contamination (e.g., food uncovered, mislabeled, stored on floor, missing or inadequate sneeze guards, food containers double stacked)
- Not Critical Violation
- 10B: Non-food contact surfaces and equipment are improperly designed, constructed, installed, maintained (equipment not readily accessible for cleaning, surface not smooth finish)
- Not Critical Violation
- 11A: Manual facilities inadequate, technique incorrect; mechanical facilities not operated in accordance with manufacturer's instructions
- Not Critical Violation
- 15B: Lighting and ventilation inadequate, fixtures not shielded, dirty ventilation hoods, ductwork, filters, exhaust fans
- Not Critical Violation
- 15C: Premises littered, unnecessary equipment and article present, living quarters no completely separated for food service operations, live animals, birds and pets not excluded
- Not Critical Violation
- 12C: Plumbing and sinks not properly sized, installed, maintained; equipment and floors not properly drained
- Re-Inspection
2 infractions
- 14A: Insects, rodents present
- Not Critical Violation
- 2E: Accurate thermometers not available or used to evaluate potentially hazardous food temperatures during cooking, cooling, reheating and holding.
- Critical Violation
- 14A: Insects, rodents present
- Inspection
17 infractions
- 10A: Food (ice) contact surfaces are improperly designed, constructed, installed, located (cracks, open seams, pitted surfaces, tin cans reused, uncleanable or corroded food contact surfaces)
- Not Critical Violation
- 10B: Non-food contact surfaces and equipment are improperly designed, constructed, installed, maintained (equipment not readily accessible for cleaning, surface not smooth finish)
- Not Critical Violation
- 12E: Handwashing facilities inaccessible, improperly located, dirty, in disrepair, improper fixtures, soap, and single service towels or hand drying devices missing
- Not Critical Violation
- 3C: Food workers do not use proper utensils to eliminate bare hand contact with cooked or prepared foods.
- Critical Violation
- 5B: Potentially hazardous foods are not cooled by an approved method where the food temperature can be reduced from 120oF to 70oF or less within two hours and 70oF to 45oF within four hours.
- Critical Violation
- 8A: Food not protected during storage, preparation, display, transportation and service, from potential sources of contamination (e.g., food uncovered, mislabeled, stored on floor, missing or inadequate sneeze guards, food containers double stacked)
- Not Critical Violation
- 11A: Manual facilities inadequate, technique incorrect; mechanical facilities not operated in accordance with manufacturer's instructions
- Not Critical Violation
- 14B: Effective measures not used to control entrance (rodent-, insect-proof contruction). Harborage areas available for rodents, insects and other vermin
- Not Critical Violation
- 15B: Lighting and ventilation inadequate, fixtures not shielded, dirty ventilation hoods, ductwork, filters, exhaust fans
- Not Critical Violation
- 2E: Accurate thermometers not available or used to evaluate potentially hazardous food temperatures during cooking, cooling, reheating and holding.
- Critical Violation
- 14A: Insects, rodents present
- Not Critical Violation
- 11B: Wiping cloths dirty, not stored properly in sanitizing solutions
- Not Critical Violation
- 14C: Pesticide application not supervised by a certified applicator
- Not Critical Violation
- 15A: Floors, walls, ceilings, not smooth, properly constructed, in disrepair, dirty surfaces
- Not Critical Violation
- 15C: Premises littered, unnecessary equipment and article present, living quarters no completely separated for food service operations, live animals, birds and pets not excluded
- Not Critical Violation
- 8B: In use food dispensing utensils improperly stored
- Not Critical Violation
- 12C: Plumbing and sinks not properly sized, installed, maintained; equipment and floors not properly drained
- Not Critical Violation
- 10A: Food (ice) contact surfaces are improperly designed, constructed, installed, located (cracks, open seams, pitted surfaces, tin cans reused, uncleanable or corroded food contact surfaces)
- Inspection
4 infractions
- 8A: Food not protected during storage, preparation, display, transportation and service, from potential sources of contamination (e.g., food uncovered, mislabeled, stored on floor, missing or inadequate sneeze guards, food containers double stacked)
- Not Critical Violation
- 5E: Enough refrigerated storage equipment is not present, properly designed, maintained or operated so that all potentially hazardous foods are cooled properly and stored below 45�F as required.
- Critical Violation
- 12E: Handwashing facilities inaccessible, improperly located, dirty, in disrepair, improper fixtures, soap, and single service towels or hand drying devices missing
- Not Critical Violation
- 15B: Lighting and ventilation inadequate, fixtures not shielded, dirty ventilation hoods, ductwork, filters, exhaust fans
- Not Critical Violation
- 8A: Food not protected during storage, preparation, display, transportation and service, from potential sources of contamination (e.g., food uncovered, mislabeled, stored on floor, missing or inadequate sneeze guards, food containers double stacked)
- Inspection
4 infractions
- 15B: Lighting and ventilation inadequate, fixtures not shielded, dirty ventilation hoods, ductwork, filters, exhaust fans
- Not Critical Violation
- 10B: Non-food contact surfaces and equipment are improperly designed, constructed, installed, maintained (equipment not readily accessible for cleaning, surface not smooth finish)
- Not Critical Violation
- 5E: Enough refrigerated storage equipment is not present, properly designed, maintained or operated so that all potentially hazardous foods are cooled properly and stored below 45�F as required.
- Critical Violation
- 8E: Accurate thermometers not available or used to evaluate refrigerated or heated storage temperatures
- Not Critical Violation
- 15B: Lighting and ventilation inadequate, fixtures not shielded, dirty ventilation hoods, ductwork, filters, exhaust fans
- Inspection
8 infractions
- 12C: Plumbing and sinks not properly sized, installed, maintained; equipment and floors not properly drained
- Not Critical Violation
- 8E: Accurate thermometers not available or used to evaluate refrigerated or heated storage temperatures
- Not Critical Violation
- 10B: Non-food contact surfaces and equipment are improperly designed, constructed, installed, maintained (equipment not readily accessible for cleaning, surface not smooth finish)
- Not Critical Violation
- 14B: Effective measures not used to control entrance (rodent-, insect-proof contruction). Harborage areas available for rodents, insects and other vermin
- Not Critical Violation
- 5E: Enough refrigerated storage equipment is not present, properly designed, maintained or operated so that all potentially hazardous foods are cooled properly and stored below 45�F as required.
- Critical Violation
- 8A: Food not protected during storage, preparation, display, transportation and service, from potential sources of contamination (e.g., food uncovered, mislabeled, stored on floor, missing or inadequate sneeze guards, food containers double stacked)
- Not Critical Violation
- 12E: Handwashing facilities inaccessible, improperly located, dirty, in disrepair, improper fixtures, soap, and single service towels or hand drying devices missing
- Not Critical Violation
- 15A: Floors, walls, ceilings, not smooth, properly constructed, in disrepair, dirty surfaces
- Not Critical Violation
- 12C: Plumbing and sinks not properly sized, installed, maintained; equipment and floors not properly drained
- Inspection
4 infractions
- 12C: Plumbing and sinks not properly sized, installed, maintained; equipment and floors not properly drained
- Not Critical Violation
- 15C: Premises littered, unnecessary equipment and article present, living quarters no completely separated for food service operations, live animals, birds and pets not excluded
- Not Critical Violation
- 5E: Enough refrigerated storage equipment is not present, properly designed, maintained or operated so that all potentially hazardous foods are cooled properly and stored below 45�F as required.
- Critical Violation
- 8C: Improper use and storage of clean, sanitized equipment and utensils
- Not Critical Violation
- 12C: Plumbing and sinks not properly sized, installed, maintained; equipment and floors not properly drained
- Inspection
7 infractions
- 4A: Toxic chemicals are improperly labeled, stored or used so that contamination of food can occur.
- Critical Violation
- 5A: Potentially hazardous foods are not kept at or below 45�F during cold holding, except smoked fish not kept at or below 38�F during cold holding.
- Critical Violation
- 5E: Enough refrigerated storage equipment is not present, properly designed, maintained or operated so that all potentially hazardous foods are cooled properly and stored below 45�F as required.
- Critical Violation
- 15A: Floors, walls, ceilings, not smooth, properly constructed, in disrepair, dirty surfaces
- Not Critical Violation
- 12C: Plumbing and sinks not properly sized, installed, maintained; equipment and floors not properly drained
- Not Critical Violation
- 15B: Lighting and ventilation inadequate, fixtures not shielded, dirty ventilation hoods, ductwork, filters, exhaust fans
- Not Critical Violation
- 10B: Non-food contact surfaces and equipment are improperly designed, constructed, installed, maintained (equipment not readily accessible for cleaning, surface not smooth finish)
- Not Critical Violation
- 4A: Toxic chemicals are improperly labeled, stored or used so that contamination of food can occur.
- Inspection
5 infractions
- 4A: Toxic chemicals are improperly labeled, stored or used so that contamination of food can occur.
- Critical Violation
- 5E: Enough refrigerated storage equipment is not present, properly designed, maintained or operated so that all potentially hazardous foods are cooled properly and stored below 45�F as required.
- Critical Violation
- 8B: In use food dispensing utensils improperly stored
- Not Critical Violation
- 8E: Accurate thermometers not available or used to evaluate refrigerated or heated storage temperatures
- Not Critical Violation
- 8A: Food not protected during storage, preparation, display, transportation and service, from potential sources of contamination (e.g., food uncovered, mislabeled, stored on floor, missing or inadequate sneeze guards, food containers double stacked)
- Not Critical Violation
- 4A: Toxic chemicals are improperly labeled, stored or used so that contamination of food can occur.
- Inspection
4 infractions
- 12E: Handwashing facilities inaccessible, improperly located, dirty, in disrepair, improper fixtures, soap, and single service towels or hand drying devices missing
- Not Critical Violation
- 8C: Improper use and storage of clean, sanitized equipment and utensils
- Not Critical Violation
- 15B: Lighting and ventilation inadequate, fixtures not shielded, dirty ventilation hoods, ductwork, filters, exhaust fans
- Not Critical Violation
- 12D: Toilet facilities inadequate, inconvenient, dirty, in disrepair, toilet paper missing, not self-closing doors, missing hand wash signs
- Not Critical Violation
- 12E: Handwashing facilities inaccessible, improperly located, dirty, in disrepair, improper fixtures, soap, and single service towels or hand drying devices missing
- Inspection
2 infractions
- 8A: Food not protected during storage, preparation, display, transportation and service, from potential sources of contamination (e.g., food uncovered, mislabeled, stored on floor, missing or inadequate sneeze guards, food containers double stacked)
- Not Critical Violation
- 15B: Lighting and ventilation inadequate, fixtures not shielded, dirty ventilation hoods, ductwork, filters, exhaust fans
- Not Critical Violation
- 8A: Food not protected during storage, preparation, display, transportation and service, from potential sources of contamination (e.g., food uncovered, mislabeled, stored on floor, missing or inadequate sneeze guards, food containers double stacked)
- Inspection
3 infractions
- 11D: Non food contact surfaces of equipment not clean
- Not Critical Violation
- 15A: Floors, walls, ceilings, not smooth, properly constructed, in disrepair, dirty surfaces
- Not Critical Violation
- 15B: Lighting and ventilation inadequate, fixtures not shielded, dirty ventilation hoods, ductwork, filters, exhaust fans
- Not Critical Violation
- 11D: Non food contact surfaces of equipment not clean
- Re-Inspection
0 infractions
- Inspection
5 infractions
- 11B: Wiping cloths dirty, not stored properly in sanitizing solutions
- Not Critical Violation
- 8F: Improper thawing procedures used
- Not Critical Violation
- 14A: Insects, rodents present
- Not Critical Violation
- 10A: Food (ice) contact surfaces are improperly designed, constructed, installed, located (cracks, open seams, pitted surfaces, tin cans reused, uncleanable or corroded food contact surfaces)
- Not Critical Violation
- 10B: Non-food contact surfaces and equipment are improperly designed, constructed, installed, maintained (equipment not readily accessible for cleaning, surface not smooth finish)
- Not Critical Violation
- 11B: Wiping cloths dirty, not stored properly in sanitizing solutions
- Inspection
3 infractions
- 12C: Plumbing and sinks not properly sized, installed, maintained; equipment and floors not properly drained
- Not Critical Violation
- 15A: Floors, walls, ceilings, not smooth, properly constructed, in disrepair, dirty surfaces
- Not Critical Violation
- 10B: Non-food contact surfaces and equipment are improperly designed, constructed, installed, maintained (equipment not readily accessible for cleaning, surface not smooth finish)
- Not Critical Violation
- 12C: Plumbing and sinks not properly sized, installed, maintained; equipment and floors not properly drained
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