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a. Hair coverings.
1. A food worker shall comply with the requirements set forth in subdivision (b) of section 81.13 of the health code of the city of New York regarding hair restraints.
2. A food service establishment that violates this subdivision or any rule promulgated thereunder shall be subject to the following penalties: for one or two such employees observed without hair coverings, $100; for three such employees observed without hair coverings, $125; and for four or more such employees observed without hair coverings, $150; except that there shall be a civil penalty of $0 imposed upon a food service establishment for a first-time violation of this subdivision or any rule or regulation issued thereunder. The notice of violation for such first-time violation shall inform the food service establishment of the provision of law or rule that the department believes the food service establishment violated, describes the conditions or activity that is the basis for the notice of violation, and advise the food service establishment that the law authorizes civil penalties for such violation and that subsequent violations may result in the imposition of such civil penalties.
b. Eating and drinking.
1. A food worker shall comply with the requirements of subdivision (h) of section 81.13 of the health code of the city of New York regarding eating and drinking.
2. A food service establishment that violates this subdivision or any rule promulgated thereunder shall be subject to the following penalties: for one or two such employees observed to be in violation of this subdivision, $100; for three such employees observed to be in violation of this subdivision, $125; and for four or more such employees observed to be in violation of this subdivision, $150; except that there shall be a civil penalty of $0 imposed upon a food service establishment for a first-time violation of this subdivision or any rule or regulation issued thereunder. The notice of violation for such first-time violation shall inform the food service establishment of the provision of law or rule that the department believes the food service establishment violated, describe the conditions or activity that is the basis for the notice of violation, and advise the food service establishment that the law authorizes civil penalties for such violation and that subsequent violations may result in the imposition of such civil penalties.
c. Storage of sanitizing cloths.
1. A food service establishment shall store cloths used for the sanitizing of food contact and non-food contact surfaces in accordance with the requirements set forth in subdivision (c) of section 81.27 of the health code of the city of New York.
2. A food service establishment that violates this subdivision or any rule promulgated thereunder shall be subject to a civil penalty of $100; except that there shall be a civil penalty of $0 imposed upon a food service establishment for a first-time violation of this subdivision or any rule or regulation issued thereunder. The notice of violation for such first-time violation shall inform the food service establishment of the provision of law or rule that the department believes the food service establishment violated, describe the conditions or activity that is the basis for the notice of violation, and advise the food service establishment that the law authorizes civil penalties for such violation and that subsequent violations may result in the imposition of such civil penalties.
(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.
b. Food service establishments shall comply with the requirements set forth in subdivisions (a) and (c) of section 81.24 of the health code of the city of New York pertaining to garbage and waste disposal.
c. A food service establishment that violates this section or any rule promulgated pursuant to this section 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.
(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 food service establishment shall comply with the requirements set forth in subdivision (b) of section 81.07 of the health code of the city of New York regarding food packaging.
b. A food service establishment that violates this section or any rule promulgated thereunder shall be subject to a civil penalty of $200.
c. Notwithstanding subdivision b of this section, a food service establishment that violates this section or any rule promulgated thereunder by failing to discard or return to the package distributor, or to segregate from other food packages, food packages that are dented but not swollen, leaking, rusted or otherwise damaged, shall be subject to a civil penalty of $50; except that there shall be a civil penalty of $0 imposed upon a food service establishment for such a violation that occurs for the first time. The notice of violation for such first-time violation shall inform the food service establishment of the provision of law or rule that the department believes the food service establishment violated, describe the conditions or activity that is the basis for the notice of violation, and advise the food service establishment that the law authorizes civil penalties for such violation and that subsequent violations may result in the imposition of such civil penalties.
(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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