Mobile food vending units must be constructed and equipped so that they may be maintained and operated in a clean and sanitary manner, in accordance with all applicable law, so as to protect foods from contamination by dust, dirt and toxic and other substances, and the public from risk of injury, and must be equipped in accordance with the requirements set forth in Table 1 in 24 RCNY § 6-05. Units and equipment must be manufactured from easily cleanable, durable, hard, smooth, non-porous, non-absorbent, non-reactive and non-toxic materials. All equipment must be fastened securely to the mobile food vending unit. No mobile food vending unit or truck may be used as a dwelling, or for sleeping or other residential purposes for any period of time.
(a) Food contact surfaces. Food contact surfaces, as defined in 24 RCNY Health Code § 81.03(p) or successor provision, shall be constructed of easily cleanable, non-toxic commercial food grade materials; kept free of cracks, chips, holes, pits and sharp edges; and maintained in a clean and sanitary condition. Upon request of the Department, a permittee shall provide proof acceptable to the Department that a material used in construction or equipping of a mobile food unit is certified as food grade.
(1) Lubricants. Equipment for processing foods that contain bearings and gears maintained and operated with non-food grade lubricants must be designed and constructed so that lubricants can not leak, drip, or contaminate food or food contact surfaces.
(2) Cooking surfaces. Cooking surfaces within a mobile food vending unit shall be placed and configured so as to minimize the risks of food contamination and injury to patrons, vendors, and the public.
(b) Non-food contact surfaces. All non-food contact surfaces must be smooth, easily cleanable, maintained in good repair and kept clean. If solder is used in construction or repairs, it shall be made of non-toxic materials, corrosion resistant, and contain less than 0.2% lead.
(1) Interior non-food contact surfaces. Interiors of mobile food vending units, including floors, walls and ceilings of food trucks, and non-food contact surfaces of equipment that are exposed to food splash or debris, or that otherwise require frequent cleaning shall be designed and constructed of smooth, non-toxic and washable materials, free of unnecessary ledges, projections, or crevices, readily accessible for cleaning and sanitizing and maintained in a clean and sanitary condition.
(2) Exterior non-food contact surfaces. Exterior non-food contact surfaces shall be constructed of smooth, durable, non-porous, non-toxic materials, without any open seams and joints.
(3) Permit decal and grade card to be visible and unobstructed. The permittee shall provide a space on the unit that is a permanent part of the mobile food vending unit for the placement of a permit decal and the posting of a grade card in accordance with this chapter. Such space shall:
(A) not be readily or easily removable and shall consist of a flat, smooth metal surface;
(B) be no less than 14 inches in height and 14 inches in width;
(C) be located on the exterior of the unit directly to the left or right of the primary customer service window or service area;
(D) be adjacent to the primary customer service window or be located as close to the top of the unit as possible as to be readily visible to the public;
(E) not be located near any heat-producing equipment or any side of the unit that abuts the curb; and
(F) not be covered by any material or protective covering that blocks or obscures the permit-decal or grade card, or impedes direct access for physical examination, inspection, and removal by government officials.
(4) Doors and windows. In a food truck a partition or a partition with a self-closing door shall be installed between the driver's seat and the food processing and service area. To protect foods from potential contamination in all units, no service window may be installed over or behind cooking or food preparation equipment.
(c) Lighting. A mobile food vending unit shall be equipped with artificial lighting fixtures providing a minimum of 540 lux (50 foot candles) of light at all food contact surfaces and ware washing sinks whenever natural lighting conditions do not meet that standard. When artificial lighting is used, shatter-proof or shatter-guarded lighting shall be installed. Lighting fixtures located over or near food storage, preparation and service equipment shall be shielded to prevent broken glass from falling into food or onto food contact surfaces.
(d) Ventilation. Cooking equipment shall be mechanically ventilated to prevent a nuisance from heat, smoke, odors or fumes. Mechanical ventilation hoods and equipment shall be installed and used to prevent grease, steam, smoke, and odors from collecting on interior surfaces, contaminating food and creating a nuisance. If filters and other grease extracting equipment are not designed to be cleaned in place, they must be readily removable for cleaning and replacement, and must be removed and cleaned to prevent accumulations of grease. Power generators shall be used and vented in accordance with manufacturers' specifications.
(e) Insect and rodent control. Mobile food vending units shall be maintained so as to be free of insects, rodents, and conditions promoting harborage, as defined in 24 RCNY Article 151, and breeding of insects and rodents.
(f) Potable water supply. Mobile food vending units that are required to maintain a potable water supply in accordance with Table 1 of 24 RCNY § 6-05 shall be equipped with plumbing and plumbing fixtures that provide adequate supplies of potable hot and cold water during all times of operation. Individuals operating mobile food vending units shall maintain sufficient supplies of potable water to allow for hand, ware and food washing and food preparation. Plumbing and fixtures shall be properly connected, vented and drained to prevent contamination of the City water supply or any other potable water supply. Water supply outlets and connections to water supply fixtures or equipment shall be designed and constructed to prevent back-flow into the water supply. Bottled and packaged potable water certified by the New York State Department of Health for sale in New York State may be used to supplement the potable water supply, if handled and stored in a way that protects it from contamination. If used, bottled and packaged potable water shall only be poured into tanks from the original containers. Failure to provide and maintain potable water supplies required by this Chapter is an imminent health hazard requiring immediate cessation of operation of any mobile food vending unit.
(1) Tank capacity. When a potable water supply is required by Table 1 of 24 RCNY § 6-05, a food truck shall be equipped with a tank or tanks with a total capacity of no less than 40 gallons; other mobile food vending units shall be equipped with a tank or tanks with a total capacity of no less than 10 gallons. All tanks shall be filled to capacity prior to beginning operation or operating. On and after January 1, 2020, all potable water tanks shall be equipped with a mechanical or electronic device indicating the amount of water remaining in the tank. Water levels must be marked on each tank in gallon (or metric equivalent) increments, from zero to the tank's maximum capacity, that are readily observable and easily readable by the vendor from outside the tank.
(2) Water tanks and inlet pipes. Water tanks shall be constructed of food grade materials that are corrosion resistant, durable and non-absorbent. Water inlet pipes shall be made of flexible, food-grade material. The fitting for hose connections shall be capped except when tanks are being filled.
(g) Plumbing. Plumbing fixtures shall be constructed of food grade material; piping and distribution piping shall be installed and maintained to protect the water from contamination. All piping shall be easily accessible for inspection and repair.
(1) Tank drainage. Potable water tanks shall be fitted with a faucet or valve and tilted to allow complete drainage. The entire system shall be constructed to be drained by gravity or other means acceptable to the Department.
(A) Potable and waste water connections on a mobile food vending unit shall be designed and constructed so as to prevent backflow and/or cross-connection with the water supply.
(B) Equipment and fixtures used for storage, preparation, or processing of food that are drained into the waste water tanks shall be equipped with a readily accessible vented check valve on the waste line.
(C) No equipment may be directly attached to the potable water supply unless an approved backflow device is installed.
(2) Pressure. Potable water, when required by Table 1 of 24 RCNY § 6-05, shall be dispensed at sufficient pressure to provide a constant adequate flow.
(h) Waste water system. Waste water shall be stored and disposed of in accordance with 24 RCNY Health Code § 89.25.
(1) Waste water storage tanks and pipes shall be designed and maintained so as not to leak or spill on sidewalks or public streets.
(2) When required by Table 1 of 24 RCNY § 6-05, waste water tanks shall have a minimum capacity that is at least 15% greater than the potable water supply capacity and be clearly and permanently labeled "waste water."
(3) Mobile food vending units creating liquid waste, including but not limited to units serving beverages such as coffee or tea or boiling frankfurters or holding melting ice, shall be equipped with a waste water tank with a minimum capacity that is at least 15% greater than the amount of water used for brewing coffee, processing food or for other liquid waste.
(4) Mechanically refrigerated equipment and containers where ice is used must be equipped with an indirect waste connection, in accordance with 24 RCNY Health Code § 81.20, that drains into the waste tank.
(i) Hand washing, ware washing and food washing.
(1) Hand wash sink. When required by Table 1 of 24 RCNY § 6-05, mobile food vending units must be equipped with a separate hand wash sink or with one compartment of a multi-compartment sink that is used only for hand washing and no other purpose. The hand wash sink must:
(A) Be located in the food preparation area, accessible for immediate use at all times, at a convenient height, and not obstructed by or used to store supplies or other equipment;
(B) Dispense potable running water;
(C) Have a dispenser valve or faucet which provides a constant flow of water when opened;
(D) Be supplied by a potable water storage tank constructed of food grade material that holds at least five (5) gallons of water;
(E) Be equipped with supplies of soap and paper towels or other single-use hand drying device; and
(F) Be equipped with "Wash Hands" signs in accordance with 24 RCNY Health Code § 81.21(c).
(2) Ware washing and sanitizing sink.
(A) All equipment and utensils must be cleaned and sanitized at least once daily at the mobile vending unit commissary in accordance with 24 RCNY Health Code § 89.19(l). When required by Table 1 of 24 RCNY § 6-05, a sink with a swivel faucet must be provided to wash and sanitize utensils and equipment that have become contaminated while the unit is in operation before being re-used.
(B) Utensils being used to serve or dispense ready to eat foods may be stored in a container of water heated to and maintained at 135 degrees Fahrenheit (57 degrees Celsius) or higher. The container must be cleaned and sanitized at least once every 24 hours at the permittee's commissary, and be large enough to allow immersion of the largest sized utensils.
(C) A sink used for ware washing and sanitizing may be used for washing foods, but may not be used for washing hands or as a slop or utility sink.
(3) Washing foods in a separate food washing sink or food grade container. When required by Table 1 of 24 RCNY § 6-05, a separate dedicated sink, or a food grade container placed in a compartment of a ware washing sink may be used for washing food that requires washing while the unit is in operation.
(A) The sink and the colander in which food is washed must not contain any other equipment or supplies when food is being washed, and must be cleaned and sanitized before and after washing any food.
(B) Any sink in which food is washed must be indirectly drained as defined in 24 RCNY Health Code § 81.03(z) or successor provision.
(4) No sink used for washing hands, wares or food may be used as a slop or utility sink.
(l) Hot and cold storage. When required by Table 1 of 24 RCNY § 6-05, mechanical or other holding equipment shall be provided and used to hold potentially hazardous hot foods at or above 140 degrees Fahrenheit (60 degrees Celsius) and cold foods at or below 41 degrees Fahrenheit (five degrees Celsius).
(1) Thermometers. Each hot and cold storage unit shall be equipped with a numerically scaled or other indicating thermometer, accurate to plus or minus two degrees Fahrenheit (one degree Celsius).
(2) Placement of thermometers. Thermometers in cold holding equipment shall be placed in such equipment or cold holding containers to measure air temperature in the warmest part of the unit. Thermometers used to measure the temperature of food in hot holding equipment shall be placed so that they measure the temperature in the coolest part of such equipment.
(m) Compliance with fire safety requirements. In addition to the other requirements of this section, all mobile food vending units and commissaries shall comply with the New York City Fire Code (Title 29 of the Administrative Code) and rules of the Fire Department found in 3 RCNY Chapter 38, or successor provisions, regulating the use of any flammable gas, and governing the storage, handling and use of propane and other liquefied petroleum gases ("LPG"). As set forth in of the Fire Code and Chapter 38 of the Fire Department rules, such provisions prohibit the use of any flammable gas other than LPG for cooking and heating on a mobile food vending unit. The provisions also prohibit the placement of any unit with propane or other LPGs on a subway grate, and among other things regulate:
(1) Design of the cooking grills and other heating equipment;
(2) Size, number, location and securing of the LPG containers;
(3) Securing of container valves; and
(4) Size, type, location and mounting of required portable fire extinguishers.
(n) Ice cream trucks. No decal may be issued for any food truck to be used to vend ice cream and other frozen desserts unless such truck is equipped with fully operational warning beepers and signage arm as required by the State Vehicle and Traffic law and the rules promulgated under such law.
(o) Overhead structure. Every mobile food vending unit shall be equipped or constructed with an overhead structure such as an overhang, roof, canopy, umbrella or similar device adequate to protect food and equipment from contamination.
(p) Food security. All mobile food vending units shall be equipped with appropriate food grade coverings, tamper-proof locks or other mechanisms. Vendors shall secure such units when it is necessary to leave mobile food vending units unattended on a street for no more than one-half hour. Units left unattended for periods longer than one-half hour shall be deemed abandoned and an imminent health hazard, in accordance with 24 RCNY Health Code § 89.31(c).
(Amended City Record 11/9/2018, eff. 12/9/2018)