(a) In addition to the general requirements for construction and design of mobile food vending units and their equipment in 24 RCNY § 6-04, and the location sharing device required by 24 RCNY § 6-21, each class of vending units shall be supplied and equipped in accordance with Table 1 of this section. The minimum equipment required is determined by the class of the unit and the foods that are processed and/or sold on the unit.
(b) Permit subject to revocation; mobile food vending units subject to seizure. Persons who prepare, process or serve foods from a mobile food vending unit that is not equipped in accordance with the requirements specified for the unit's permit classification as set forth in this section will be deemed to be vending without a permit. Such units and their contents are subject to seizure, removal of the permit decal or insignia, and any other sanctions prescribed by applicable law, including but not limited to, provisions of 24 RCNY Health Code Article 89.
Table 1. Supply and Equipment Requirements for Mobile Food Vending Units
Potable water | Food and ware washing sinks1 | Hand wash sink | Waste water tank | Overhead structure | Ventila- tion | Cold holding | Hot holding | Thermo- meters | |
Class A: Potentially hazardous raw foods cooked on unit; e.g., fried and grilled sausages, poultry, shish kebab, hamburgers, eggs and gyros | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
Class B: Potentially hazardous prepared foods combined on the unit; e.g., sandwiches, raw fruits, vegetables and salads, breads, bagels and rolls buttered or topped with cream cheese on the unit, smoothies and soft serve ice cream | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
Class C: Potentially hazardous prepackaged foods; e.g., prepackaged frozen desserts, prepackaged sandwiches, and prepackaged and presliced fruits and vegetables | No | No | No | Yes3 |
Yes | No | Yes | Yes | Yes |
Class D: Non-potentially hazardous unpackaged or packaged foods; e.g., boiled frankfurters and sausages, brewed coffee and tea, donuts, pastries, rolls and bagels buttered or topped with cream cheese at a commissary, popcorn, cotton candy, nuts, candied nuts, soft pretzels, chestnuts | Yes2 |
No | No | Yes3 |
Yes | Yes | Yes3 | Yes3 | Yes3 |
Class E: Non-potentially hazardous uncut fruit and vegetables; raw prepackaged shelled nuts and shelled nuts. No other foods. | No | No | No | No | Yes | No | No | No | No |
Notes: 1. Food and ware washing sinks may be separate or multi-compartment. A single sink is acceptable for food and ware washing in a food-grade colander. 2. Waste water tanks are required when generating liquid waste from brewing coffee or tea, boiling frankfurters, or serving or using ice. See 24 RCNY § 6-04(h)(3). 3. Hot and cold holding equipment or methods required for potentially hazardous foods such as hot dogs, sausages and knishes. | |||||||||
(Amended City Record 11/9/2018, eff. 12/9/2018; amended City Record 7/28/2022, eff. 8/27/2022)