WAGNER, THE
128 EAST ELM STREET, PENN YAN, NY 14527 · Restaurant (Restaurant)
Inspection summary
WAGNER, THE has been inspected 4 times by New York State Department of Health (NYSDOH) since October 25, 2023. The most recent inspection, on January 9, 2026, recorded 4 infractions.
None of the 4 inspections on record were free of infractions. In the past 12 months there was 1 inspection with 4 infractions recorded. The higher-risk findings here relate to: Food temperature control, Pests and Protecting food from contamination.
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 7 times across 4 separate inspections, most recently on January 9, 2026. For example:
Potentially hazardous foods are not kept at or above 140�F during hot holding.
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 once on January 9, 2026. For example:
Insects, rodents present
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 once on October 25, 2023. 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)
Equipment and utensilsLower risk
Equipment has to be built from cleanable materials, kept in good repair and stored properly. These findings are mostly about upkeep, like a cracked shelf, a worn gasket or utensils stored the wrong way. They are generally lower risk but show how well the kitchen is maintained.
Recorded 3 times across 2 separate inspections, most recently on February 25, 2025. For example:
Floors, walls, ceilings, not smooth, properly constructed, in disrepair, dirty surfaces
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.
4 inspections
- Inspection
4 infractions
- 6A: Potentially hazardous foods are not kept at or above 140�F during hot holding.
- Critical Violation
- 14A: Insects, rodents present
- Not Critical Violation
- 5C: Potentially hazardous foods are not stored under refrigeration except during necessary preparation or approved precooling procedures (room temperature storage).
- Critical Violation
- 8F: Improper thawing procedures used
- Not Critical Violation
- 6A: Potentially hazardous foods are not kept at or above 140�F during hot holding.
- Inspection
3 infractions
- 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
- 11D: Non food contact surfaces of equipment not clean
- 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.
- Inspection
1 infraction
- 5C: Potentially hazardous foods are not stored under refrigeration except during necessary preparation or approved precooling procedures (room temperature storage).
- Critical Violation
- 5C: Potentially hazardous foods are not stored under refrigeration except during necessary preparation or approved precooling procedures (room temperature storage).
- 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
- 5C: Potentially hazardous foods are not stored under refrigeration except during necessary preparation or approved precooling procedures (room temperature storage).
- Critical Violation
- 11D: Non food contact surfaces of equipment not clean
- 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)
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