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§ 81.08 Foods Containing Artificial Trans Fat.
   (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.
§ 81.09 Potentially Hazardous (Time and Temperature Control for Safety) Foods.
   (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)  
§ 81.10 Time as a Public Health Control; Exception to Required Holding Temperatures of Potentially Hazardous (Temperature Control for Safety) Foods.
   (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)  
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