In recent years there have been reports of restaurant employees spitting into food they serve to get even with customers they do not like. such an action would constitute a tort and a crime.

Yes. Such an action constitutes a tort and a crime.

Explanation:

A tort is a wrong done to another person while a crime is the breaking of the law of the state or Federal  government. Put simply, a tort is a wrongdoing on a personal level while a crime is a wrongdoing on a societal level, while tort is privately morally wrong, crime is publicly legally wrong.

In the scenario above there is a 'tort' because the employees are spitting into the food of those they do not like. This is on a personal level as they are not spitting into the food of every customer but only the food of those they dislike. Also, a crime exists because this is happening at a public place. It can be said that those restaurants are intentionally serving unhealthy foods to members of the public and both the owners and employees of those restaurants could be charged.