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Food shall be obtained from sources approved by the appropriate regulatory authority having jurisdiction over such food source and shall comply with all federal, state and city laws, rules, and regulations related to food, the use of food, and food labeling.
(a) Frozen desserts. Frozen desserts shall be identified, manufactured, and sold in accordance with Article 4-A of the State Agriculture and Markets Law or any successor statute.
(b) Meat. No meat shall be served or sold in a food service or non-retail food processing establishment unless the meat is inspected and approved by the United States Department of Agriculture or any other authorized government agency.
(c) Shellfish tags. Fresh and frozen shellfish, shelled or shucked shellfish (oysters, clams, scallops, scallops with roe attached or mussels) shall be identified with the name and address of the original shell stock processor, shucker-packer or repacker, and the foreign intrastate and interstate identification number issued pursuant to applicable law. Identification tags shall be retained on the premises for 90 days from the date the shellfish was used, in accordance with State Sanitary Code § 14-1.33(b) or any successor provision. No tags are required to be kept for shucked scallop abductor muscles.
(d) Exotic and game animals. Exotic animals not native to New York State and any game animals served in food service establishments must be obtained from commercially regulated sources, such as those described in regulations of the State Department of Agriculture and Markets found at 1 NYCRR § 271-2.2, or successor regulations.
(e) Labeling unpasteurized packaged juices.
(1) Definitions. For the purposes of this subdivision:
(A) Juice means the aqueous (water-based) liquid expressed or extracted from one or more fruits or vegetables, purees of the edible portions of one or more fruits or vegetables, or any concentrates of such liquid or purees.
(B) Packaged juice means juice that has been sealed in bottles or other containers.
(2) Labeling. Unpasteurized packaged juices prepared by a food service establishment for direct sale to the establishment's patrons must be labeled in accordance with 24 RCNY Health Code § 71.05(d) so as not to be misbranded, and such label must include the following information:
(A) Food ingredients, using common names;
(B) Food additives, if any;
(C) Name and address of the entity that packaged the juice;
(D) "Use by" date;
(E) The statements: "WARNING: This product has not been pasteurized. It may contain harmful bacteria that can cause serious illness, especially in children, elderly persons and persons with weakened immune systems." and "Must keep refrigerated."
(3) Juice produced for wider distribution. Juice produced and/or packaged by any establishment that is distributed at wholesale or to any persons other than the establishment's patrons must be produced and packaged in accordance with 21 C.F.R. Part 120, or any successor regulations.
(Amended City Record 7/9/2015, eff. 8/8/2015)
(a) Permit required. Except as specified in this section, no person shall operate a food service establishment or non-retail food processing establishment without a permit therefor issued by the Commissioner.
(b) An operator of a food service establishment or non-retail food processing establishment shall construct, equip, furnish, maintain and operate such establishment in compliance with this Article and all other applicable federal, state and city laws, rules and regulations.
(c) Prior to new construction or major renovation of a food service establishment or non-retail food processing establishment, or at any time thereafter where the Department determines that the public health and safety requires a Departmental review of the physical plant of such establishment, the Department may require such establishment to submit sketches or plans showing the floor layout, equipment, plumbing, ventilation, refuse storage facilities, sewage disposal facilities and similar information on a form acceptable to the Department. Submission and review of plans shall not relieve the operator of such establishment or his or her successor from meeting all requirements of this section.
(d) A food service or non-retail food processing establishment may not operate without a permit for 21 days after submitting an application for a permit unless the Department has conducted an inspection and approved issuance of a permit. If the Department does not make an inspection of the establishment during this 21 day period, operations may commence without a permit on the twenty-second day after submission of an application for a permit, and the establishment may continue operating without being in violation of this section until such time as the Department inspects the establishment and either approves issuance of a permit or issues an order to cease operation for cause in accordance with this Code.
(e) A permit for a food service establishment or non-retail food processing establishment shall be issued subject to the establishment being constructed, maintained and operated in compliance with this Code, and not presenting a danger to the health or safety of the consumer or to the public. The condition of the establishment, including its equipment, utensils, personnel, mode of operation, surroundings, water supply, sewage disposal, waste handling, furnishings, food and appurtenances, and, if applicable, past history of compliance or non-compliance, shall be considered in determining whether its operation may be dangerous or detrimental to the public health. If the pre-permitting inspection indicates that such conditions are unsatisfactory, the operator shall be advised of the violations which prevent issuance of such permit.
(f) Religious, fraternal and charitable organizations which provide food services more often than once a week shall obtain a permit pursuant to this Article; provided, however, that an organization providing food service less frequently than once a week shall notify the Department in writing of its intention to engage in such food service operations and shall obtain authorization from the Department. Such authorization may be issued for a term not to exceed two years. The payment of a fee for such authorization shall not be required. The provisions of this subsection shall not limit in any way the right of the Department to take any actions necessary to protect the public health.
(g) Every person using or contracting for use of shared kitchen space and equipment shall obtain a permit to operate a food service establishment unless such person is licensed or regulated by the Commissioner of Agriculture and Markets pursuant to Article 20-C, or any successor provision, of the Agriculture and Markets Law. However, a person holding a non-retail processing establishment permit to operate a shared kitchen shall be responsible for maintaining the condition of the establishment, its equipment, surroundings, water supply, waste handling, furnishings and other appurtenances in accordance with this Code.
(h) No person operating a shared kitchen shall rent space or equipment in the shared kitchen to an individual who intends to use the facility to prepare food for sale or service to the public and does not have a currently valid food service establishment permit issued by the Commissioner, unless such user is currently licensed or regulated by the Commissioner of Agriculture and Markets.
(i) Upon the request of the Department, the operator of a shared kitchen shall provide a copy of any agreement between the operator and the user. Such agreement shall indicate the purpose of using the shared kitchen, the type of food to be prepared, and the place where the food will be sold.
(j) A permit shall not be issued if the applicant or a principal of an entity applying for such has been denied a permit on the basis of violations of this Code which could have resulted in the suspension or revocation of a permit. A permit may be renewed, provided that the permittee meets all requirements for renewal, the permit has not been revoked or suspended, and the permittee has not been determined to have committed a violation that could be a basis for permit revocation or suspension under this Article.
(Amended City Record 7/9/2015, eff. 8/8/2015)
(a) Additional requirements. Whenever necessary to prevent the occurrence or recurrence of imminent or public health hazards the Department may, in specific instances, impose additional requirements on an establishment. The Department shall describe in writing the terms and conditions of operation that have been imposed, the reasons therefore, shall provide such document to the permit holder, and shall maintain such document with the records of the Department.
(b) Hazard Analysis and Critical Control Point ("HACCP") plans.
(1) To prevent the occurrence of an imminent or public health hazard, a HACCP plan shall be prepared by a food service establishment or non-retail processing establishment whenever such establishment prepares, processes, cooks, holds and stores foods in a manner other than as specified in this Code or other applicable law.
(2) Whenever a HACCP plan is required, such plan shall be submitted to and approved by the Department prior to its implementation, and shall thereafter be maintained at the establishment and be made available to Department inspectors for review upon request.
(3) A HACCP plan shall include the following:
(i) Types and categories of foods to be addressed by the plan.
(ii) Food flow diagram or plan identifying critical control points, specifying ingredients, materials and equipment used in processing, and addressing the food safety concerns identified at each such point.
(iii) Standard operating procedures for implementing the plan, including clearly identifying each critical control point; method and frequency of monitoring and controlling each critical control point by a foodworker trained in HACCP plan implementation who is designated by the person in charge of food operations; and the method and frequency whereby the person in charge of food operations routinely verifies that the foodworker is following standard operating procedures and the action to be taken by the responsible foodworker if the critical limits for each critical control point are not met.
(iv) The critical limits for each critical control point, and the method and frequency for monitoring and controlling critical limits at each critical control point by the designated foodworker.
(4) Records/logs shall be maintained by the permittee for at least 90 days after consumption of the food prepared pursuant to the HACCP plan to demonstrate that the HACCP plan has been properly implemented.
(c) Prior approval required for certain foods and processing. Approval by the Department of a food service establishment's HACCP plan shall be obtained prior to processing any potentially hazardous food on the food service establishment's premises by means of reduced oxygen packaging methods, drying, fermentation, curing, or smoking food products. No HACCP plan is required for processes that are conducted in accordance with the time and temperature requirements of 24 RCNY Health Code § 81.09.
(Amended City Record 7/9/2015, eff. 8/8/2015)
(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)
(a) Artificial trans fat restricted. No foods containing artificial trans fat, as defined in this section, shall be stored, distributed, held for service, used in preparation of any menu item or served in any food service establishment or by any mobile food unit commissary, as defined in 24 RCNY Health Code § 89.01 or successor provision, except food that is being served directly to patrons in a manufacturer's original sealed package.
(b) Definition. For the purposes of this section, a food shall be deemed to contain artificial trans fat if the food is labeled as, lists as an ingredient, or has vegetable shortening, margarine or any kind of partially hydrogenated vegetable oil. However, a food whose nutrition facts label or other documentation from the manufacturer lists the trans fat content of the food as less than 0.5 grams per serving, shall not be deemed to contain artificial trans fat.
(c) Labels required.
(1) Original labels. Food service establishments and mobile food unit commissaries shall maintain on site the original labels for all food products:
(i) that are, or that contain, fats, oils or shortenings, and
(ii) that are, when purchased by such food service establishments or mobile food unit commissaries, required by applicable federal and state law to have labels, and
(iii) that are currently being stored, distributed, held for service, used in preparation of any menu items, or served by the food service establishment, or by the mobile food unit commissary.
(2) Documentation instead of labels. Documentation acceptable to the Department, from the manufacturers of such food products, indicating whether the food products contain vegetable shortening, margarine or any kind of partially hydrogenated vegetable oil, or indicating trans fat content, may be maintained instead of original labels.
(3) Documentation required when food products are not labeled. If baked goods, or other food products restricted pursuant to subdivision (a) of this section, that are or that contain fats, oils or shortenings, are not required to be labeled when purchased, food service establishments and mobile food commissaries shall obtain and maintain documentation acceptable to the Department, from the manufacturers of the food products, indicating whether the food products contain vegetable shortening, margarine or any kind of partially hydrogenated vegetable oil, or indicating trans fat content.
(a) Holding and storage temperatures. Potentially hazardous food must be stored or held at or below 41 degrees Fahrenheit (5 degrees Celsius) or at or above 140 degrees Fahrenheit (60 degrees Celsius) except as follows:
(1) Immediate service. Cooked and refrigerated food prepared for immediate service in response to an individual consumer order may be served at any temperature.
(2) Eggs. Intact shell eggs must be stored at an ambient temperature of 45 degrees Fahrenheit (7.2 degrees Celsius) or below.
(3) Processed fish. All processed fish products must be prepared and stored at a temperature that does not exceed 38 degrees Fahrenheit (3.3 degrees Celsius) without interruption until served to the ultimate consumer, provided, however, that:
(A) Processed fish that contains a water phase salt level of at least 17 percent shall not require refrigerated storage; and
(B) Dry salted fish that contains a water phase level of at least 10 percent, salt water activity of less than 0.85 Aw, or a pH of 4.6 or lower, must be held at refrigerated temperatures that do not exceed 41 degrees Fahrenheit (5 degrees Celsius).
(4) Necessary preparation. Foods may be held out of temperature during active necessary preparation. Active necessary preparation of food does not include time food is being heated, cooled, cooked, reheated or stored and requires temperature control.
(5) Time as the sole public health control. When using time alone as a public health control in accordance with 24 RCNY Health Code § 81.10.
(b) Freezing and storage of fish to be served raw, raw marinated or undercooked.
(1) Freezing required. To destroy parasites in fish or fish products that are to be consumed raw, undercooked or raw-marinated, an establishment must either purchase frozen fish or fish products, or freeze fish or fish products prior to service as follows:
Minimum Freezing Temperature | Minimum Storage Temperature | Minimum Freezer Storage Time |
-4 degrees F (-20 degrees C) | -4 degrees F (-20 degrees C) | 168 hours (7 days); or |
-31 degrees F (-35 degrees C) | -31 degrees F (-35 degrees C) | 15 hours; or |
-31 degrees F (-35 degrees C) | -4 degrees F (-20 degrees C) | 24 hours. |
(2) Exceptions to freezing requirement. Freezing is not required before serving raw or undercooked:
(A) Molluscan shellfish; or
(B) Tuna of the species Thunnus alalunga, Thunnus albacares (Yellowfin tuna), Thunnus atlanticus, Thunnus maccoyii (Bluefin tuna, Southern), Thunnus obesus (Bigeye tuna), Thunnus thynnus (Bluefin tuna, Northern); or
(C) Aquacultured or farm raised fish, such as salmon that are:
(i) Raised in open water in net-pens or in land-based operations such as ponds or tanks, and
(ii) Fed formulated feed, such as pellets, that contains no live parasites infective to the aquacultured fish; or
(D) Fish eggs that have been removed from the skin and rinsed.
(c) Cooking temperatures. All parts of potentially hazardous foods requiring cooking are to be heated to 140 degrees Fahrenheit (60 degrees Celsius) or above for 15 seconds, except as follows:
(1) Poultry. Whole or ground poultry, poultry parts, all food containing poultry, poultry stuffing and poultry stuffing containing meat must be heated so all parts of the food are at least 165 degrees Fahrenheit (73.9 degrees Celsius) for 15 seconds with no interruption of the cooking process.
(2) Pork. Pork and food containing pork, other than whole pork roasts, and ground and comminuted pork, must be heated so all parts of the food are at least 150 degrees Fahrenheit (65.6 degrees Celsius) for 15 seconds, unless otherwise ordered by the consumer.
(3) Whole meat roasts. Roast beef, beef steak, corned beef, lamb roasts, pork and cured pork roasts must be heated to and cooked at the following minimum temperatures for the corresponding time:
Temperature °F (°C) | Cooking Time in Minutes | Temperature °F (°C) | Cooking Time in Minutes |
130 (54.4) | 112 | 138 (58.9) | 18 |
131 (55.0) | 89 | 140 (60.0) | 12 |
133 (56.1) | 56 | 142 (61.1) | 8 |
135 (57.2) | 36 | 144 (62.2) | 5 |
136 (57.8) | 28 | 145 (62.8) | 4 |
(4) Ground and comminuted meat. Ground meats and comminuted meat products, other than poultry, and food containing ground meat must be heated so that all parts of the food are at least 158 degrees Fahrenheit (69.4 degrees Celsius) with no interruption of the cooking process, unless otherwise ordered by the consumer.
(5) Stuffings and mechanically tenderized and injected meats. Stuffed meats, stuffed fish, stuffed ratites and stuffing containing ratites and fish, must be heated to a temperature of at least 165 degrees Fahrenheit (73.9 degrees Celsius) with no interruption of the cooking process, unless otherwise ordered by the consumer. Meats whose exterior surface has been mechanically tenderized or injected by breaking, puncturing, or scoring must be heated to a temperature of at least 155 degrees Fahrenheit (68 degrees Celsius.
(6) Shell eggs and egg products. Unpasteurized raw eggs or foods containing unpasteurized raw shell eggs, including but not limited to, drinks, condiments, dressings, desserts and sauces, must be heated to 145 degrees Fahrenheit (62.8 degrees Celsius) or greater for 15 seconds, unless the consumer requests preparation of shell eggs in a style such as raw, poached or fried which in order to comply with the request must be prepared at a temperature less than 145 degrees Fahrenheit.
(7) Microwaving. Raw animal foods cooked in a microwave oven must be covered during cooking; rotated or stirred during cooking to a temperature of at least 165 degrees Fahrenheit (73.9 degrees Celsius); and allowed to stand covered for 2 minutes after cooking.
(8) Advisory for raw, undercooked foods. When menu items containing raw or undercooked eggs, meat, fish or other potentially hazardous foods including but not limited to steak tartare, rare duck breasts, uncooked dessert mousse, Caesar salad dressing, sashimi, and ceviche or any other raw or undercooked seafood, are served, the consumer advisory required by 24 RCNY Health Code § 81.11 must be provided.
(d) Reheating previously cooked food. Potentially hazardous food that is cooked, cooled and reheated for hot holding must be reheated so that all parts of the food reach a temperature of at least 165 degrees Fahrenheit (73.9 degrees Celsius) for 15 seconds. The minimum temperature of 165 degrees Fahrenheit (73.9 degrees Celsius) must be reached within 2 hours of commencing reheating. Reheated food must be held at or above 140 degrees Fahrenheit (60 degrees Celsius) until served.
(1) Microwave reheating. Food reheated in a microwave oven must be covered during heating; food must be rotated or stirred during heating, or otherwise manipulated according to label instructions, if provided, and must be reheated to a temperature of at least 165 degrees Fahrenheit (73.9 degrees Celsius) and allowed to stand covered for 2 minutes after reheating.
(2) Heating commercially processed foods. Commercially processed pre-cooked potentially hazardous food in hermetically sealed containers and precooked potentially hazardous food in intact packages from non-retail food processing establishments must be heated to 140 degrees Fahrenheit (60 degrees Celsius) within 2 hours of removal from container or package and held at such temperature until served.
(e) Cooling.
(1) After cooking or removal from hot holding. Foods removed from cooking or hot holding that require refrigeration must be rapidly cooled from 140 degrees Fahrenheit (60 degrees Celsius) to 70 degrees Fahrenheit (21.1 degrees Celsius) within 2 hours and from 70 degrees Fahrenheit (21.1 degrees Celsius) to 41 degrees Fahrenheit (5 degrees Celsius) within 4 hours after cooking or removal from hot holding by placing containers of food in an ice bath, a rapid chill unit or adding ice to the food, and
(A) Placing the food in shallow pans or containers (less than 4 inches in height); and/or
(B) Dividing foods into smaller or thinner pieces or portions; and/or
(C) Using containers made of materials that facilitate heat transfer; and/or
(D) Stirring foods that are liquids or semi-liquid, and
(E) Arranging containers in cooling equipment to provide maximum heat transfer through container walls, not stacking or nesting; and
(F) Keeping containers loosely covered, or uncovered if protected from overhead contamination during the cooling period, to facilitate heat transfer from the surface of the food.
(2) Other cooling. Potentially hazardous foods removed from cold holding or prepared from or combined with ingredients at room temperatures must be cooled to 41 degrees Fahrenheit (5 degrees Celsius) or below within 4 hours of preparation using cooling methods described in paragraph (1) of this subdivision.
(f) Thawing frozen foods. Potentially hazardous food must be thawed as follows:
(1) In refrigerated facilities at a temperature not to exceed 41 degrees Fahrenheit (5 degrees Celsius); or
(2) Completely submerged under potable running water at a temperature of 70 degrees Fahrenheit (21.1 degrees Celsius) or below, with sufficient water velocity to agitate and float off loose particles into the overflow; or
(3) In a microwave oven when the food will be immediately transferred to other conventional cooking equipment as part of a continuous cooking process, or when the entire uninterrupted cooking process takes place in the microwave oven; or
(4) As part of the conventional cooking process, without interruption.
(5) Whole frozen poultry, other than a single portion intended for service to an individual consumer, must be completely thawed prior to conventional cooking; a single portion may be thawed during the cooking process.
(g) Thermometers and other temperature measuring devices. Establishments must provide devices such as thermometers and thermocouples to measure internal temperatures of potentially hazardous foods during cooking, cooling, reheating, hot holding and cold holding. Such devices must be properly calibrated to plus or minus 2 degrees Fahrenheit (1.1 degrees Celsius), made from food grade materials that will not expose food to contamination and be kept readily accessible in the establishment's food preparation and hot and cold holding areas.
(Amended City Record 7/9/2015, eff. 8/8/2015)
(a) Use of time controls. Food service establishments may use time as the sole public health control, rather than using time in conjunction with temperature, for holding potentially hazardous foods, only in accordance with the provisions of this section. Such foods shall not be returned to temperature control at any time with the intent to extend their use.
(1) Initial temperatures. Potentially hazardous foods shall be at an initial temperature at or below 41 degrees Fahrenheit (5 degrees Celsius) when removed from cold holding temperature control, or at or above 140 degrees Fahrenheit (60 degrees Celsius) when removed from hot holding temperature control.
(2) After cold holding. Ready-to-eat foods and other potentially hazardous foods removed from cold holding temperatures may be kept for a maximum of six hours without further temperature control provided that at four hours the food has not reached or exceeded an internal temperature of 70 degrees Fahrenheit (21 degrees Celsius). If such food has reached or exceeded an internal temperature of 70 degrees Fahrenheit (21 degrees Celsius) it shall be discarded immediately.
(3) After hot holding. Potentially hazardous foods removed from required hot holding temperatures may be held at ambient temperatures for no more than four hours after removal from temperature control.
(4) Tomatoes. Time as a public health control may be used when slicing whole tomatoes previously held at ambient temperature, and the sliced tomatoes may be held for no more than four hours, and then discarded if not used or consumed.
(5) Holding limits. Food shall not be held out of temperature control any longer than provided in paragraphs (2), (3) and (4) of this subdivision and must, by when the respective allowable period of time has passed, either be discarded or served.
(b) Labeling. All foods removed from temperature control in accordance with this section shall be labeled or marked as follows:
(1) Four hour labeling. Food to be held for up to four hours shall be labeled or marked at the time it is removed from temperature control with the date and time of removal, temperature at time of removal, and the discard time, four hours after removal from temperature control, when such food shall be discarded if not served.
(2) Six hour labeling. Food to be held for up to six hours shall be labeled or marked at the time it is removed from cold temperature control with the date and time of removal, temperature at time of removal, the time and temperature, measured four hours after removal from temperature control, and the time, six hours after removal from temperature control, when such food shall be discarded if not served.
(3) Labels to be kept. Labels or marked containers shall be legibly marked and labels and markings must be kept on food containers until foods have been served or discarded.
(c) Limits on use of time as a public health control. Time shall not be used as the sole means of public health control, and 24 RCNY Health Code § 81.09 shall remain applicable as follows:
(1) Holding raw eggs prior to using such eggs in food prepared for (i) persons who may be at higher risk for food-borne illnesses, such as immunocompromised persons including residents or clients of senior centers, charitable feeding programs, adult day care programs, custodial care and health care facilities, and assisted living programs; (ii) infants and children attending summer camps, child day care and pre-school programs; and (iii) pupils in primary and secondary schools.
(2) Preparation and holding of potentially hazardous foods sold by or in (i) mobile food vending units; (ii) food vending machines; (iii) temporary food service establishments operating in accordance with 24 RCNY Health Code Article 88; or (iv) self-service salad bars or buffets.
(3) Preparation and holding of potentially hazardous foods consisting of smoked or vacuum-packed food products.
(d) Violations.
(1) 24 RCNY Health Code § 81.09 violations. An establishment shall be in violation of 24 RCNY Health Code § 81.09 if the Department finds that, while using time as a public health control, the establishment (i) has not discarded food after the times specified in this section; or (ii) has not labeled or marked food as specified in this section.
(2) 24 RCNY Health Code § 81.07 violations. Food shall be deemed contaminated and an establishment shall be in violation of 24 RCNY Health Code § 81.07(a) if the Department finds that while using time as a public health control, (i) cold potentially hazardous foods labeled for six hour holding are measured at or above temperatures of 70 degrees Fahrenheit (21 degrees Celsius) after removal from cold temperature control or (ii) food is returned to temperature control instead of being discarded.
§ 81.10 Table 1. Summary of procedures for using time as a public health control.
Summary of Procedures for Using Time as a Public Health Control | ||||
Removal From: | Maximum Time out of Holding Temperature | When to Measure Temperature | What to Note on Required Labels | When to Discard |
Cold holding at or below 41°F (5°C) | 6 hours | When removed from cold holding, and, at 4 hours after removal | • The date, time and temperature when removed from cold holding, and, • The time and temperature 4 hours after removal, and • The time to discard, serve, or cook | If temperature is over 70°F (21° C) at 4 hours after removal or if not served within 6 hours |
Hot holding at or above 140° F (60° C) | 4 hours | When removed from hot holding | • The date, time and temperature when removed from hot holding, and, • The time 4 hours after removed from hot holding. This is the time when the food must be cooked, served, or discarded | If not served within 4 hours |
(Amended City Record 7/9/2015, eff. 8/8/2015)
(a) Written consumer advisory. Effective January 1, 2016, when meat, fish, molluscan shellfish, or unpasteurized raw shell eggs are offered alone or as an ingredient in other foods, and are either raw or heated to a temperature below that required by this Code, written notice must be provided to consumers of the increased risk of food borne illness from eating such raw or undercooked foods.
(1) The statement "Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness" must appear on menus, menu boards, brochures, signage, food labels, table tents, or placards, with either:
(A) A description or identification of the specific foods being served raw or undercooked, such as "oysters on the half shell (raw oysters)," or "raw-egg Caesar salad dressing," as applicable; or
(B) Noted by an asterisk or other mark next to the listed food item on a menu or menu board with a footnote that references the statement in paragraph (1) of this subdivision.
(C) Prior to January 1, 2016, an establishment must warn of the increased risk for foodborne illness when serving raw or undercooked foods. Such warning may be given orally and need not be in writing.
(b) Limitations on service. Raw or undercooked meat, eggs, fish or molluscan shellfish, either alone, or as an ingredient in other menu items shall not be served in facilities that primarily serve persons who may be at a higher risk for food borne illnesses. Such facilities include those serving immunocompromised persons, senior centers, charitable feeding programs, custodial care facilities, hospitals and health care facilities, as defined in Article 28 of the Public Health Law or successor law; adult day care and assisted living programs; child care, children's camps and preschool programs; and elementary and secondary schools.
(Added City Record 7/9/2015, eff. 8/8/2015)
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