Is it legal to use health inspection records for sales?

They are public records

Chicago publishes its food inspections and business licenses on its open data portal. Its Data Terms of Use offer the data "as is" and don't ban commercial use. They ask apps built on the data to show a disclaimer, which is in our footer, and say the City can ask a user to stop using the data.

The City makes this data available on an “as is” basis…

New York City's Open Data Law says the city's public data sets are published without restrictions on their use. The city may require apps to name the source and version of the data. Every line we show names the agency and links its record, and where the data comes from lists each dataset and what our labels mean.

Such public data sets shall be made available without any restrictions on their use…

pestcite reads the records and sends you a list. We don't contact anyone for you, and we print company names only, never a person's or a homeowner's name.

If you email a business

The federal CAN-SPAM Act covers business email too.

The law makes no exception for business-to-business email.

The guide's main rules, in short:

• Use an honest "From" line and subject line.
• Make clear the email is an ad.
• Include your postal address.
• Say how to opt out, and honor an opt-out within ten business days.
• You are responsible for anyone who emails on your behalf.

Each email that breaks the law can bring a penalty of over fifty thousand dollars. The guide gives the current maximum.

If you call, text or stop by

Calls. The FTC's Telemarketing Sales Rule, which includes the National Do Not Call Registry, leaves out most sales calls to businesses. The exceptions are calls selling nondurable office or cleaning supplies, and calls that sell to an employee for their own use.

Most phone calls between a telemarketer and a business are exempt from the TSR.

Cell phones and texts. The FCC's rule under the Telephone Consumer Protection Act is stricter: a sales call or text to a cell phone made with an autodialer, or with a recorded or artificial voice, needs the person's prior written consent (47 CFR 64.1200(a)(2)). A restaurant's number can be a cell phone. NYC restaurant records include the business phone; Chicago records have none.

• Dial yourself and talk to a person. Don't send automated texts or recorded messages.
• If someone asks you not to call again, write it down and don't.
• Some states add their own telemarketing rules, so check yours.
• Walking in: bring the record, ask for the manager, and respect a "No soliciting" sign.

What to say

Nobody likes hearing about their inspection from a stranger. A record is a reason to say hello, not a request for service. Say what the record says, with its date, offer help, and let them decide. A first line for each kind of record:

• Chicago, pests noted

  “I saw the city's {date} inspection at {address} noted ‘{the inspector's words}’. We service places like yours on {street}. If you'd like a second look before the next inspection, I can stop by.”

  Not: You failed your inspection

• Chicago, missing log book

  “The city's {date} inspection noted no pest-control log book on site. We set those up with service reports and our license number, so the next inspector finds it.”

  Not: You're breaking the rules

• Chicago, new license

  “Congratulations on the new license at {address}. We service food businesses on {street}. Happy to walk through the place with you.”

  Not: Saw you just opened

• New York, restaurant code 04L

  “NYC Health's {date} inspection at {address} lists code 04L (mice). It may already be handled. If not, we can stop by before the next inspection.”

  Not: Your place has mice

• New York, building that failed a rat inspection

  “City records show {address} failed a rat inspection for rat activity on {date}. We do rat work for buildings on {street}. Who handles pest control for {owner of record}?”

  Not: Your building is infested

Don't call a place dirty, don't say it has pests unless the record says so, and don't say "failed" unless the record's result is Fail.

Reading a Chicago record

• Violation 38 is not always pests. In 4 weeks of Chicago records (Oct 5 – Nov 1, 2026), inspectors noted pests at 67 of the 148 places with violation 38. The rest were door gaps, proofing or a missing pest-control log book. We label each one.
• Check the result. 92 of those 148 places had the result Fail. The rest had another result, such as Pass or Pass w/ Conditions. If a later inspection did not repeat violation 38, we show it, with its result.
• Lead with help. A missing log book is paperwork you can fix for them.
• Start with new licenses. There is no citation to bring up, just a new place to welcome.
• Skip national accounts. We mark chain locations. Many buy pest control through head office.

Source: City of Chicago, all ZIP codes, counted by the pestcite engine from city records, Oct 5 – Nov 1, 2026; data as of Nov 8, 2026. Records: Food Inspections, Business Licenses. How we count

Reading a New York record

• Restaurants, codes 04K–04N. From Oct 5 – Nov 1, 2026, NYC Health cited 751 restaurants under these codes: 422 for flies or other nuisance pests (04N), 321 for mice (04L), 157 for roaches (04M) and 63 for rats (04K). A restaurant can have more than one code.
• A citation is not final. NYC's data holds citations that are upheld or not yet decided, and some are dismissed later. NYC records give no pass or fail, so never say a restaurant failed.
• Rat inspections are about buildings. In the same weeks, 2,077 privately owned commercial or 4+-unit apartment buildings failed a rat inspection for rat activity. Where the owner of record is a company, we show it (NYC PLUTO 26v2). Talk to the owner or the managing agent, not the tenants.
• Skip national accounts. Chain restaurants are marked, as in Chicago.

Source: New York City, five boroughs, counted by the pestcite engine from city records, Oct 5 – Nov 1, 2026; data as of Nov 8, 2026. Records: DOHMH New York City Restaurant Inspection Results, Rodent Inspection, Primary Land Use Tax Lot Output. How we count

Not legal advice

This page is general information, not legal advice. State laws differ. If you're unsure about your outreach, ask a lawyer.