(a) Food protection. Food shall be free of and protected against contamination and shall be manufactured, prepared, processed or packed using clean and sanitary utensils and equipment.
(1) Culinary sink. A dedicated single compartment culinary sink shall be provided and used only for washing fruits, vegetables, meats, and aquatic animal foods prior to other preparation. However, where no culinary sink is provided, foods may be washed in (i) a food grade container or colander or (ii) one compartment of a multi-compartment sink. No sink used for washing foods shall be used as a slop, utility or hand washing sink. All sinks used for washing food shall be indirectly wasted, cleaned and sanitized prior to washing food, and between washing raw meats and other foods.
(2) Prevention of cross-contamination. Food that will not be washed or cooked shall be protected from cross-contamination from food which is required to be washed or cooked.
(3) Storage on ice or in water. Packaged food shall not be stored in direct contact with ice or water if packaging allows the entry of water. Unpackaged food may only be in direct contact with ice if stored in a container that drains, except that whole raw fruits, whole or cut vegetables, and tofu, may be immersed in clean and sanitary ice or water held in a container that does not drain.
(4) Washing raw fruits and vegetables. Raw fruits and vegetables shall be thoroughly washed with potable water before cutting or serving.
(5) Storage of raw chicken and fish. Raw chicken and raw fish that are received in ice in shipping containers may remain in such condition, provided the required cold holding temperature is maintained, while being stored or awaiting preparation, display, service or sale.
(b) Packaging. Food packages, including hermetically sealed containers, shall be in good condition so that food is not exposed to spoilage, filth or other contamination and remains suitable for human consumption. Food packages that are swollen, leaking, rusted or otherwise damaged shall be discarded or returned to their distributor. If such packages are to be returned to their distributor, they shall be segregated from intact packages and clearly labeled "Do Not Use" while stored at the establishment.
(c) Eggs. Only clean, whole eggs with shells intact that are free from cracks or splits; or pasteurized liquid, frozen or dry eggs; or pasteurized dry egg products shall be kept and used. No unpasteurized liquid, frozen or dry eggs shall be kept or used in the establishment.
(d) Food storage. Containers of food shall be stored at least six inches (14.24 centimeters) above the floor, in a refrigerator or dry storage area, or at a greater height if necessary to permit cleaning of the storage area. Potentially hazardous raw foods that are not properly packaged or in sealed containers and that may leak or drip shall not be placed in storage above other foods.
(e) Food display.
(1) Containers. Food shall be displayed only in equipment such as cleanable containers, cabinets, display cases or similar protective equipment that protects such food from contamination.
(2) Protective shields. Self-service equipment shall have protective shields or guards to prevent potential contamination of food.
(3) Quantities to be limited. The quantity of food displayed shall be minimized to that necessary to meet immediate needs.
(f) Condiment storage. Condiments, seasoning, sugar and dressings shall be provided in individual packages, protected dispensers or containers, or in the original container or pour-type dispensers.
(g) Ice for consumption. Ice for consumption shall be dispensed with scoops, tongs or other utensils, or automatic self-service ice-dispensing equipment.
(h) Utensils. Food dispensing utensils equipped with handles must be provided for use by food workers and for self-service in dispensing food and ice. Utensil handles must be of sufficient length to prevent bare hand contact with ready to eat potentially hazardous food. Between uses, food dispensing utensils shall be stored in the food with the handles extended so that the handles do not come into contact with food; kept clean and dry on a clean surface; kept in a dipper well with running water at an adequate velocity and volume to remove food residue during intervals between intermittent use; or kept in a container of water maintained at a temperature at or above 135 degrees Fahrenheit and changed at least every four hours and free from accumulated food residue. When stored, all clean and sanitized utensils must be segregated from unclean utensils and equipment to prevent contamination.
(i) Supplies and equipment placement. Supplies and equipment shall not be kept or stored under or near any source of contamination, including but not limited to, exposed or unprotected sewer lines. Equipment, unless easily movable, shall be sealed to the floor or raised on concrete or smooth masonry platforms or elevated on legs to provide at least six inches of clearance between the floor and the equipment.
(j) Bare hand contact prohibited. Food shall be prepared and served without bare hand contact unless the food will be heated to at least the minimum temperature required under 24 RCNY Health Code § 81.09. Convenient and suitable utensils, disposable food grade gloves, waxed paper or an equivalent barrier shall be provided and used to prepare or serve food to eliminate bare hand contact and prevent contamination. Gloves must be changed after handling raw foods, performing tasks that do not involve food preparation or processing, handling garbage, or any other work where the gloves may have become soiled or contaminated.
(k) Unpasteurized milk prohibited. Except in accordance with federal and state law, raw unpasteurized milk, or any product made from such milk, shall not be served in any food service establishment.
(l) Re-service of previously served food prohibited. Except for individually wrapped foods, where the wrapper seal has not been broken or opened, food that has been served to the public shall not be re-served.
(m) Animal slaughter prohibited. No live animals, except fresh or saltwater finfish, crustaceans, or mollusks, shall be slaughtered at any food service or non-retail processing establishment. Tanks used to hold live fish or crustaceans intended for human consumption must be regularly cleaned and kept free of dead fish and algae.
(n) Sausages. Sausages may be made at a food service establishment in accordance with 24 RCNY Health Code § 81.06. Sausages made at a food service establishment shall not be sold at wholesale other than at an establishment regulated and inspected by the United States Department of Agriculture.
(o) Drinking straws and other single service articles. Single service articles must be manufactured from clean non-toxic materials. Such items shall not be reused and must be discarded after use. Single service articles must be handled, transported, stored and dispensed in a manner that protects the food-contact and mouth-contact surfaces of such articles from contamination. Drinking straws shall not be offered to the consumer unless they are completely enclosed in a wrapper or dispensed from a sanitary device.
(p) Microwavable plastic containers. Only containers that display one of the following "microwave safe" icons, or the words "microwave-safe," or words to the effect that they are approved for use in microwave ovens shall be used to heat food in a microwave oven.
(q) Non-essential persons restricted. Persons who are not essential to the food establishment operations shall not be allowed in the food preparation, food storage or ware washing areas, except that brief visits and tours may be authorized by the operator if steps are taken to ensure that exposed food, clean equipment, utensils, linens, tableware, and unwrapped single-service and single-use articles are protected against contamination.
(r) Unfit food to be denatured. Food that has become unfit for human consumption shall be promptly denatured, its label defaced and the product marked condemned, and shall be kept separate and apart from foodstuffs that are held or offered for sale. As used in this subdivision, the term "denature" means to treat the food with a substance satisfactory to the Department that alters the appearance or odor of the food such that the denatured food is clearly identified as being inedible.
(Amended City Record 7/9/2015, eff. 8/8/2015)