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a. Definitions. For the purposes of this section, the following terms have the following meanings:
Children's meal. The term "children's meal" means a food or combination of food items listed on a menu or menu board and intended for consumption by children to which the presumption described in subdivision e attaches.
Food. The term "food" has the same meaning as in article 71 of the New York city health code.
Food service establishment. The term "food service establishment" means any establishment inspected pursuant to the restaurant grading program established pursuant to subdivision a of section 81.51 of the New York city health code.
Menu or menu board. The term "menu or menu board" has the same meaning as in section 81.49 of the New York city health code.
b. The selection of beverages listed as part of the children's meal shall be limited to the following:
1. Water, sparkling water or flavored water, with no added natural or artificial sweeteners;
2. Flavored or unflavored nonfat or one percent fat dairy milk, or flavored or unflavored non-dairy beverage that is nutritionally equivalent to fluid milk, in a serving size of eight ounces or less; or
3. One hundred percent fruit or vegetable juice, or any combination thereof, with no added natural or artificial sweeteners, in a serving size of eight ounces or less. Such juice may contain water or carbonated water.
c. Nothing in this section prohibits a food service establishment from providing upon request by a customer a substitute beverage other than the beverage required under subdivision b of this section.
d. Any food service establishment that violates any of the provisions of this section or any rule promulgated thereunder by the department shall be liable for a civil penalty of $50. Where a person is found to have violated this section or any rule promulgated thereunder by the department, the department shall commence a proceeding to recover any civil penalty authorized by this section by the service of a summons returnable to the office of administrative trials and hearings.
e. It shall be a rebuttable presumption that a food item or combination of food items on a menu or menu board is intended for consumption by children if the item or items are shown on the menu or menu board in any one of the following ways:
1. Alongside any of the following words: "child," "children," "kids," "junior," "little," "kiddie," "kiddo," "tyke," any synonym or abbreviation of such words, or any word the department determines would similarly identify a children's meal;
2. Alongside a cartoon illustration, puzzle or game;
3. Accompanied or being offered with a toy or kid's game; or
4. With a limitation on the maximum age of a person who can select the item or items.
f. Any food service establishment that violates this section or any rules promulgated thereunder shall not be subject to a civil penalty for a first-time violation if such person 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 person who 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 person may seek review, in the office of administrative trials and hearings, of the determination that the person has not submitted proof of a cure within 15 days of receiving written notification of such determination.
(L.L. 2019/075, 4/28/2019, eff. 4/28/2020; 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. 2021/080.
a. Definitions. For the purposes of this section, the following terms shall have the following meanings:
Early intervention services. The term "early intervention services" has the same meaning as set forth in section 69-4.1 of title 10 of the New York codes, rules and regulations.
Evaluation. The term "evaluation" has the same meaning as set forth in section 69-4.1 of title 10 of the New York codes, rules and regulations.
Individualized family service plan. The term "individualized family service plan" or "IFSP" has the same meaning as set forth in section 69-4.1 of title 10 of the New York codes, rules and regulations.
IFSP meeting. The term "IFSP meeting" means a meeting for the purpose of developing a written plan for providing early intervention services to a child determined to be eligible for the early intervention program pursuant to section 69-4.11 of title 10 of the New York codes, rules and regulations.
Initial evaluation. The term "initial evaluation" means an evaluation to determine a child's initial eligibility for the early intervention program.
Referral. The term "referral" means referral of child less than three years of age who is suspected of having a disability, which includes a developmental delay or a diagnosed physical or mental condition that has a high probability of resulting in developmental delay, pursuant to section 69-4.3 of title 10 of the New York codes, rules and regulations.
Reporting period. The term "reporting period" means the period beginning July 1 of the current calendar year until and including June 30 of the following subsequent calendar year.
Student in temporary housing. The term "student in temporary housing" has the same meaning as that of the term "homeless child" as such term is defined in section 100.2 of title 8 of the New York codes, rules and regulations.
b. Report. No later than November 1 of each year, the department shall submit to the speaker of the council and post on the department's website an annual report regarding children receiving early intervention services from the department. To the extent such information is available to the department, such report shall include, but shall not be limited to the following information, disaggregated by zip code, race/ethnicity, child's dominant language, status as a student in temporary housing and gender:
1. The number of referrals for initial evaluations in total and disaggregated by referral source, including, but not limited to, referrals from parents, health professionals, child care providers, homeless shelters or nonprofits;
2. The number of initial evaluations conducted, including the number of such evaluations that resulted in a determination that the child was eligible for the early intervention program;
3. The number of IFSP meetings convened less than or equal to 45 calendar days from the date of referral;
4. The number of IFSP meetings that were convened more than 45 calendar days from the date of referral;
5. The total number of children who have an active IFSP (i) during the reporting period and (ii) as of June 30 of the reporting period;
6. The average number of calendar days between the date of the initial IFSP meeting and the date children begin receiving early intervention services;
7. The number and percentage of children with IFSPs who, (i) during the reporting period and (ii) as of June 30 of the reporting period, have IFSPs that recommend the following enumerated services as such services are defined in section 69-4.1 of title 10 of the New York codes, rules and regulations:
(a) Assistive technology services;
(b) Applied behavior analysis;
(c) Audiology;
(d) Family training, counseling, home visits or parent support groups;
(e) Medical services;
(f) Nursing services;
(g) Nutrition services;
(h) Occupational therapy;
(i) Physical therapy;
(j) Psychological services;
(k) Service coordination;
(l) Sign language or cued language services;
(m) Social work services;
(n) Special instruction;
(o) Speech-language pathology;
(p) Vision services;
(q) Health services; and
(r) Transportation services; and
8. The number and percentage of children with IFSPs who were, during the reporting period, receiving in full the early intervention services enumerated in subparagraphs (a) through (r) of paragraph 7 of this section as recommended in their IFSPs within 30 days of the meeting pursuant to section 69-4.11 of title 10 of the New York codes, rules and regulations; the number and percentage of children with IFSPs who were receiving in part such services within 30 days of such meeting and the number and percentage of children with IFSPs who were awaiting the provision of such services after 30 days of such meeting.
c. No information that is required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of information. If a category contains between one and five children, or allows another category to be narrowed to between one and five children, the number shall be replaced with a symbol. A category that contains zero children shall be reported as zero, unless such reporting would violate any applicable provision of federal, state or local law relating to personally identifiable information.
(L.L. 2020/021, 1/19/2020, eff. 1/19/2020)
a. No later than April 1 of each year, the department shall submit to the mayor and the speaker of the city council and post on its website, the number of individuals receiving services for autism spectrum disorders from the department or programs administered by the department, disaggregated by zip code.
b. Information required to be reported pursuant to this section shall be reported in a manner that does not violate any applicable provision of federal, state or local law relating to the privacy of information. Any category required to be reported that contains between 1 and 9 individuals, or allows another category to be narrowed to between 1 and 9 individuals, shall be reported with a symbol.
(L.L. 2017/182, 10/8/2017, eff. 10/8/2017; Am. L.L. 2023/151, 11/17/2023, eff. 11/17/2023)
a. Definitions. As used in this section, the following terms have the following meanings:
CSA. The term "CSA" means community supported agriculture partnerships, usually formed between farms and consumers, which allow communities or community members to invest in farms in exchange for regular receipt of such farms' produce.
Farm-to-city project. The term "farm-to-city project" refers to neighborhood- or community-based local fresh food projects, which include CSAs, farmers' markets, food boxes and food pantries.
Farmers' market. The term "farmers' market" means an open-air market held for the sale of products grown, raised, caught or baked by regional farmers, producers and fishers to the general public and that does not have a fundraising component. A farmers' market may be run by a large, centrally-managed network, or by a single community organization, garden group, or other neighborhood or community entity.
Food box. The term "food box" means a program that aggregates fresh produce from participating providers and enables consumers to purchase or acquire fresh, regionally-grown produce at a set price that is typically below retail value.
Food pantry. The term "food pantry" means a food pantry, food bank, or other emergency food program operating in the city for which the location is published by the human resources administration or otherwise identified by the department.
b. Farm-to-city project awareness campaign. The department shall develop materials for neighborhood-specific farm-to-city project awareness in each of the designated citywide languages as defined in section 23-1101, regarding farm-to-city projects available in each neighborhood throughout all five boroughs. The department shall also post this information on its website.
(L.L. 2020/047, 3/29/2020, eff. 12/24/2020)
a. Definitions. For the purposes of this section, the following terms shall have the following meanings:
Heat exacerbated death. The term "heat exacerbated death" means a natural cause death estimated by the department to have resulted from an existing health condition exacerbated by extreme, or near extreme, heat. Such estimation should be determined by the use of one or more statistical models by the department. Beginning with the report due pursuant to subdivision b no later than June 15, 2022, and continuing thereafter, at least one such model shall utilize sensitive statistical methods that assess daily temperature as a continuous variable in relation to daily mortality to estimate heat-exacerbated death, without the use of a qualifying temperature threshold.
Heat stress death. The term "heat stress death" means a death directly attributed to heat on a death certificate, or with an underlying or contributing cause of i) excessive natural heat or ii) effects of heat and light, as such conditions are described in the International Classification of Diseases Version 10 coding system.
Heat vulnerability. The term "heat vulnerability" means the estimated risk of heat stress deaths and heat exacerbated deaths occurring in a geographical area based on social and environmental factors identified by the department.
b. No later than June 15 of each year beginning in 2021, the commissioner shall submit to the mayor and the speaker of the council, and shall post conspicuously on the department's website, an annual report of the most recent available data on the total number of heat stress deaths and heat exacerbated deaths in the city.
c. The annual report required by subdivision b of this section shall include:
1. the number of heat stress deaths in the most recent year available;
2. the estimation of past heat exacerbated deaths based on the most recent available years of data and the smallest interval of time that yields a reliable estimate;
3. a description of the relative heat vulnerability of each neighborhood tabulation area;
4. a description of reported data;
5. a description of social and environmental factors assessed by the department to determine heat vulnerability;
6. a description of methods used to derive heat vulnerability and estimate heat exacerbated deaths; and
7. aggregate demographic information of heat stress deaths, including, but not limited to, the age, gender, neighborhood tabulation area and the race or ethnicity of the decedents.
d. Except as otherwise provided in this section, no report required by subdivision b of this section shall contain personal identifying information.
e. The commissioner may promulgate such rules as may be necessary to implement the provisions of this section.
f. No later than April 15 of 2022, the department shall report to the mayor and the speaker of the council on its findings or progress regarding the development or adoption for use of any models for estimating the number of heat exacerbated deaths pursuant to the definition of such term in subdivision a.
(L.L. 2020/084, 8/28/2020, eff. 8/28/2020)
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