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a. Office established. There is hereby established within the food safety program of the department a food service establishment inspections ombuds office.
b. Duties and responsibilities. The food service establishment inspections ombuds office shall have, but not be limited by, the following duties and responsibilities:
1. establishing a system to receive questions, comments, complaints, and compliments with respect to any food service establishment inspection, including but not limited to, the establishment, operation, and dissemination of a central telephone hotline and website to receive such questions, comments, complaints, and compliments;
2. investigating complaints received pursuant to paragraph one of this subdivision and taking any action it deems appropriate regarding such complaints, including but not limited to, withdrawing violations that concern the physical layout and/or major fixtures within a food service establishment where the department finds that such physical layout or fixture existed at the time of a prior inspection but was not the subject of a violation and the condition has not been altered since the time of such prior inspection, and identifying egregious inspection errors that ought to be rectified by the department in lieu of submission to the administrative tribunal;
3. issuing guidance letters providing informal advisory opinions on matters pertaining to food service establishment inspections, including but not limited to appropriate inspection methods and food handling techniques, either upon request or the department's own initiative. Any such guidance letter issued by the ombuds office shall be posted on the department's website upon issuance and, to the greatest extent practicable, distributed to all food service establishment operators;
4. monitoring inspection results for trends and inconsistencies, including but not limited to, the compilation and analysis on a quarterly basis of the type and number of violations issued by each inspector, the number of inspections conducted, and the number of inspections and other enforcement-related activities during which telephonic interpretation services were provided; and
5. making recommendations to the commissioner regarding improvements to the food service establishment inspection process.
c. Annual report. No later than July 1, 2014, and every July 1 thereafter, the ombuds office shall submit to the commissioner an annual report regarding its activities during the previous twelve months. The ombuds office shall forward a copy of such report to the mayor and the speaker of the council. Such report shall include, but not be limited to:
1. the number, nature, and resolution of questions, comments, complaints, and compliments received by the ombuds office;
2. the number and nature of guidance letter requested;
3. a copy of each guidance letter issued;
4. an analysis of trends and inconsistencies across inspection results;
5. an analysis of the existing language access tools and policies, including whether the ombuds office believes such tools and policies serve the needs of food service establishment operators; and
6. recommendations for improvements to the food service establishment inspection process in accordance with paragraph 5 of subdivision b of this section.
(Am. L.L. 2023/014, 1/21/2023, eff. 7/20/2023)
a. For purposes of this section, the following terms have the following meanings:
Food service establishment. The term "food service establishment" has the same meaning as such term is defined in section 81.03 of the New York City health code.
Senior center. The term "senior center" has the same meaning as such term is defined in section 21-201.
Social adult day care. The term "social adult day care" has the same meaning as such term is defined in section 21-201.
b. Each senior center and social adult day care that is a food service establishment shall be inspected by the department at least annually in accordance with article 81 of the New York City health code.
c. Inspection results and any related information for each senior center and social adult day care shall be posted and updated as necessary on the department's website. Such inspection results shall show such senior center and social adult day care's degree of compliance with the provisions of the New York city health code, the state sanitary code and other applicable laws that require such establishments to operate in a sanitary manner so as to protect public health.
d. Beginning May 1, 2019, and by May 1 annually thereafter, the department shall submit a report to the mayor and the speaker of the city council regarding the department's activities with respect to inspections of social adult day cares and senior centers that qualify as food service establishments. The report shall include the total number and the name of each social adult day care and senior center that qualify as a food service establishment, disaggregated by council district; the total number of such social adult day cares and senior centers inspected in the prior calendar year and information summarizing the results of such inspections, including but not limited to the number of violations cited, if any, and any required corrective action. The report shall also include the 10 most frequently cited violations during the prior calendar year for such social adult day cares and senior centers.
(L.L. 2018/141, 8/6/2018, eff. 2/2/2019)
a. Every food service establishment that sells food for consumption on its premises shall display public information messaging created by the department pursuant to subdivision b of this section in a conspicuous location within such establishment.
b. The department shall create public information messaging on healthy eating for all consumers, including, but not specific to, individuals with diet-related conditions such as diabetes, heart disease and hypertension. Such messaging shall include, but not be specific to, the risks of excessive sugar and carbohydrate intake. The department shall make such messaging available to food service establishments in each of the designated citywide languages as defined in section 23-1101.
c. Any food service establishment that violates subdivision a of this section, or any rules promulgated pursuant to this section, shall be liable for a civil penalty of not more than $200, recoverable in a proceeding before any tribunal established within the office of administrative trials and hearings or within any agency of the city of New York designated to conduct such proceedings.
d. Any food service establishment that violates subdivision a of this section or any rules promulgated thereunder shall not be subject to a civil penalty for a first-time violation if such food service establishment proves to the satisfaction of the department, within seven days of the issuance of the notice of violation and prior to the commencement of an adjudication of the violation, that the violation has been cured. The submission of proof of a cure, if accepted by the department as proof that the violation has been cured, shall be deemed an admission of liability for all purposes. The option of presenting proof that the violation has been cured shall be offered as part of any settlement offer made by the department to a food service establishment that has received, for the first time, a notice of violation of this section or any rules promulgated pursuant thereto. The department shall permit such proof to be submitted electronically or in person. A food service establishment may seek review, in the office of administrative trials and hearings, of the determination that the food service establishment has not submitted proof of a cure within 15 days of receiving written notification of such determination.
(L.L. 2019/138, 7/27/2019, eff. 7/27/2020 and 7/27/2021; Am. L.L. 2021/080, 7/18/2021, eff. 1/14/2022; Am. L.L. 2023/151, 11/17/2023, eff. 11/17/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2019/138 and L.L. 2021/080.
a. A food service establishment shall post a grade card or grade pending card in accordance with the requirements set forth in subdivision (b) of section 81.51 of the health code of the city of New York.
b. A food service establishment that fails to display or conspicuously display a grade card or grade pending card in violation of subdivision a of this section shall be subject to a civil penalty of $500.
c. Except as provided by subdivision b of this section, a food service establishment that violates this chapter, chapter 1 of this title or any rule or provision of the health code of the city of New York promulgated pursuant to either chapter, failing to post or conspicuously post a sign, poster, image, card or other required information, or by failing to display or conspicuously display any permit, license or certification, shall be subject to a civil penalty of $100; except that such food service establishment shall not be subject to a civil penalty for a first-time violation if such food service establishment proves to the satisfaction of the department, within 7 days of the issuance of the notice of violation and prior to the commencement of an adjudication of the violation, that the violation has been cured. The submission of proof of a cure, if accepted by the department as proof that the violation has been cured, shall be deemed an admission of liability for all purposes. The option of presenting proof that the violation has been cured shall be offered as part of any settlement offer made by the department to a food service establishment that has received, for the first time, a notice of violation of this section or any rules promulgated pursuant thereto. The department shall permit such proof to be submitted electronically or in person. A food service establishment may seek review, in the office of administrative trials and hearings, of the determination that the food service establishment has not submitted proof of a cure within 15 days of receiving written notification of such determination.
d. Subdivision c of this section does not apply to any violation by a food service establishment of this chapter, or chapter 1 of this title, or any rule or provision of the health code of the city of New York promulgated pursuant to either chapter, for failure to post a sign, poster, image, card or other required information to the extent the department determines that the posting of such sign, poster, image, card or other required information is required in order to mitigate a risk of immediate death or serious injury to the general public or patrons of such establishment.
(L.L. 2021/080, 7/18/2021, eff. 1/14/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/080.
a. A person who is charged with the management or supervision of the operations of a food service establishment shall comply with the requirements set forth in subdivision (a) of section 81.15 of the health code of the city of New York regarding a food protection course and certification.
b. A food service establishment that violates subdivision a of this section or any rule promulgated pursuant thereto shall be subject to a civil penalty of $400.
(L.L. 2021/080, 7/18/2021, eff. 1/14/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/080.
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