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When the strict application of any provision of this Article presents practical difficulties or unusual or unreasonable hardships, the Commissioner in a specific instance may modify the application of such provision consistent with the general purpose and intent of this Article and upon such conditions as in his opinion are necessary to protect the health of the children. A copy of the modification shall be furnished to the New York State Department of Health, New York City Affairs Office. Such variance shall be approved or denied within 30 days of the request. The denial by the Commissioner of a request for modification may be appealed to the Board in the manner provided by 24 RCNY Health Code § 5.21.
(a) Sugary Drinks. Except as provided in subdivision (c) and (d), permittees must not serve campers beverages that contain more than ten (10) calories per eight (8) ounces or beverages that are sweetened with sugar or another caloric sweetener including, but not limited to, high fructose corn syrup, sucrose, and honey.
(b) Additives. Beverages that permittees provide to campers must not contain caffeine, artificial sweeteners, or non-nutritive sweeteners including, but not limited to, stevia and erythritol.
(c) Milk. Except when permitted by federal law, milk that permittees provide to campers must be unflavored, unsweetened milk with 1% or less milk-fat, unless milk with a higher fat content is medically required for an individual child as documented by the child's medical provider.
(d) 100% Juice. Except when permitted by federal law, permittees must not provide more than one portion of juice to campers daily, and such portion must not contain more than six (6) ounces and must consist of 100% fruit or vegetable juice.
(e) Water. Potable water to which no artificial or natural sweetener has been added must be made available and be easily accessible to campers at all times, including at meals and snacks.
(f) Vending machines. Wherever feasible and practicable, permittees must restrict access to food and beverage vending machines in child-accessible areas of the camp during camp hours of operation, and must prohibit campers from using food and beverage vending machines during camp hours and on camp trips.
Any enrollment application forms and/or enrollment contract forms mailed or delivered to a person for purposes of enrollment of a child for any children's overnight camp, children's summer day camp and traveling summer day camp shall contain or be accompanied by a written statement which declares:
(a) That such camp is required to be licensed by the New York City Department of Health and Mental Hygiene;
(b) That such camp is required to be inspected twice yearly; and
(c) The address where inspection reports concerning such camp are filed.
A year-round after-school center or youth center means a recreational, educational or cultural program meeting on a daily basis for less than 24 hours a day and providing care for five or more enrolled children between the ages of six (6) and eighteen (18) years on a year-round or perennial basis. Such centers shall include but not be limited to such programs operated by settlement house, community, church or religious school, and other similar public and private organizations, firms, groups and associations.
No person shall operate or hold himself out as operating a year-round after-school center or youth center without a permit issued by the Commissioner, except that a permit shall not be required for such center operated by the government of the United States, the State of New York or the City or any agency thereof. A center operated by such government or agency shall, however, comply with all other provisions of this Article. The fee for and the expiration date of a permit issued pursuant to this section shall be prescribed by 24 RCNY Health Code § 5.07.
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