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(a) Scope and applicability. A food service establishment may package and process food using reduced oxygen packaging ("ROP"), as defined in 24 RCNY Health Code § 81.03, in accordance with this section, provided that the food being processed shall have at least two controls in place, including but not limited to time, temperature, Aw or pH, to prevent the growth and formation of C. botulinum or Listeria monocytogenes.
(b) Approved Hazard Analysis and Critical Control Point (HACCP) plan required. A food service establishment shall not utilize ROP processes without obtaining prior Department approval of a Hazard Analysis and Critical Control Point (HACCP) plan. The establishment shall submit to the Department its HACCP plan that conforms to 24 RCNY Health Code § 81.06(c) for each food item or food category it intends to prepare using a ROP processing technique.
(c) On-site preparation, consumption, sale and distribution. Foods processed by ROP shall be prepared and consumed on the premises of the food service establishment, or off premises if the preparation site is properly permitted and wholly owned and operated by the same business entity as the food service establishment, and no ROP food products shall be sold or distributed to any other business entities or consumers.
(d) Specific requirements. Foods shall be:
(1) Placed in an ROP package or ROP bag before cooking, or placed in a package or bag immediately after cooking and before reaching an internal temperature below 140 degrees Fahrenheit (60 degrees Celsius).
(2) Cooked immediately to require minimum internal temperatures specified in 24 RCNY Health Code § 81.09 or held at a specified temperature and time approved by the Department in the HACCP Plan. However, if such food has an Aw of 0.91 or less; has a pH of 4.6 or less; is a meat or poultry product cured at a food processing plant regulated by the United States Department of Agriculture using substances specified in 9 C.F.R. § 424.21, or successor regulation, and is received in an intact package; or is a food with high level of competing organisms such as raw meat or raw poultry, it may be held at 38 degrees Fahrenheit (2.2 degrees Celsius) without being cooked for no more than 14 calendar days, and shall be discarded thereafter.
(3) Protected from contamination after cooking as specified in 24 RCNY Health Code § 81.07.
(4) Cooled so that every part of the ROP package is reduced from 140 degrees Fahrenheit (60 degrees Celsius) to 70 degrees Fahrenheit (21.1 degrees Celsius) within two (2) hours and to 41 degrees Fahrenheit (5 degrees Celsius) or below within four (4) additional hours and subsequently:
(i) Cooled to 34 degrees Fahrenheit (1 degree Celsius) within 48 hours of reaching 41 degrees Fahrenheit (5 degrees Celsius) and held at that temperature until consumed or discarded within 30 days after the date of packaging;
(ii) Cooled to 34 degrees Fahrenheit (1 degree Celsius) within 48 hours of reaching 41 degrees Fahrenheit (5 degrees Celsius), removed from refrigeration equipment that maintains a 34 degree Fahrenheit (1 degree Celsius) food temperature and then held at 41 degrees Fahrenheit (5 degrees Celsius) or less for no more than 72 hours, at which time the food shall be consumed or discarded;
(iii) Cooled to 38 degrees Fahrenheit (3 degrees Celsius) or less within 24 hours of reaching 41 degrees Fahrenheit (5 degrees Celsius) and held there for no more than 72 hours from packaging, at which time the food shall be consumed or discarded; or
(iv) Held frozen with no shelf life restriction while frozen until consumed or used.
(5) Held in a refrigeration unit that is equipped with an electronic system that continuously monitors time and temperature and is visually examined for proper operation twice daily.
(6) Labeled with the product name, date packed, and dates to be discarded, and stored in accordance with a "First-in" "First out" storage rotation procedure, in accordance with the HACCP plan.
(e) Aquatic animals. Except for aquatic animals that are frozen before, during, and after packaging, a food establishment may not package aquatic animals using an ROP method.
(f) Cheese. A food service establishment may package cheese using an ROP method provided that it limits the cheeses packaged to those commercially manufactured in a food processing plant with no ingredients added by the food establishment, and provided the cheese meets the United States Food and Drug Administration standards of identity specified in 21 C.F.R. § 133.150 ("Hard cheeses"); 21 C.F.R. § 133.169 ("Pasteurized process cheese"); and 21 C.F.R. § 133.187 ("Semisoft cheeses"), or successor regulations. The "use by" date of cheese shall not exceed 30 days after packaging, or the original manufacturer's "sell by" or "use by" date, whichever occurs first.
(g) Equipment. All equipment used in ROP processing shall be approved by the Department and shall comply with all specifications for equipment in this Article, and the following additional criteria:
(1) Thermometers used in cook chill or sous vide cooking methods shall be food grade thermocouple type, equipped with probe, with a temperature range of -40 degrees Fahrenheit (-40 degrees Celsius) to 212 degrees Fahrenheit (100 degrees Celsius), and shall not contain glass or any parts that can easily fall into food. Thermometers shall be calibrated before each batch process, and at other times in accordance with manufacturers' instructions and whenever calibration could have been compromised by extreme temperatures or after being accidentally dropped.
(2) ROP products that are transported off site to a satellite location of the same business entity shall be kept in containers equipped with verifiable monitoring devices enabling monitoring of time and temperature and kept at temperatures no higher than 38 degrees Fahrenheit (3.3 Celsius) during transportation. Such products or containers shall be labeled with the product name, date packaged, and discard date.
(3) Sous vide processed foods shall be cooked in an approved water immersion unit or combination oven (an oven combining convection and added moisture) that can be equipped with an electronic system that continuously monitors time and temperature, and is visually examined for proper operation twice daily. At least one item of each type of food of similar size cooked in a water immersion or combination oven shall have its internal temperature monitored to determine if the food is being cooked to the temperatures required by 24 RCNY Health Code § 81.09.
(4) Sous vide cooking equipment shall include a thermal bath and immersion circulator or a combination oven. The thermal bath and immersion circulator shall be a commercial type able to heat water to precise temperatures. The immersion circulator or combination oven shall be equipped with a temperature controller, temperature sensor, heater, and circulating element, and continuous temperature recorder and display accurate to one tenth of a degrees, capable of recording temperatures between 32 degrees Fahrenheit (0 degrees Celsius) and 212 degrees Fahrenheit (100 degrees Celsius), and large enough to enable complete immersion of the largest piece of food.
(5) ROP processors shall utilize a chamber type vacuum packaging machine with a pump able to achieve a flow rate of 10m3 per hour and capable of heat sealing the food storage bag to maintain the vacuum, or other commercial grade vacuum packaging equipment as approved by the Department in the establishment's HACCP plan or as determined on inspection.
(6) Cook chill processors shall utilize an ice bath or a NSF approved blast or tumble chiller that can lower temperatures of food from 185 degrees Fahrenheit (85 degrees Celsius) to 32 - 38 degrees Fahrenheit (0 - 3.3 degrees Celsius) within two hours, and is equipped with a factory installed temperature monitoring device and alarm system. If a tumble chiller is used, the associated ice builder must meet the sanitary requirements of this Article.
(7) Cook chill processors shall utilize a commercial type stainless steel NSF approved cook tank or steam kettle with an agitation mechanism, and factory installed temperature monitoring devices, or other cooking equipment approved by the Department in the establishment's HACCP plan or as determined on inspection.
(8) All cook chill bags (casings) shall be made of food grade plastic, able to withstand temperatures of 212 degrees Fahrenheit (100 degrees Celsius) to -20 degrees Fahrenheit (-28.8 degrees Celsius) and rapid temperature change from 185 degrees Fahrenheit (85 degrees Celsius) to 34 degrees Fahrenheit or below (1 degree Celsius).
(Amended City Record 7/9/2015, eff. 8/8/2015)
All food workers shall use hygienic practices and maintain personal cleanliness.
(a) Work restriction. No person shall work or shall be knowingly or negligently permitted to work in a food service establishment while afflicted with a boil or infected wound and unless he or she is free from acute, infectious diarrhea, amebiasis, cholera, cryptosporidiosis, diphtheria, E. coli 0157:H7, giardiasis, hepatitis A, poliomyelitis, salmonellosis, shigellosis, streptococcal sore throat (including scarlet fever), superficial staphylococcal infection, tuberculosis, typhoid, or yersiniosis and is not a carrier of organisms causing the above conditions or other disease listed in 24 RCNY Health Code § 11.03 in a communicable form and unless the period of isolation or exclusion prescribed by 24 RCNY Health Code Article 11 has ended.
(b) Hair restraints. Food workers shall wear caps, hats, hair nets or other hair coverings to effectively keep hair from contaminating food or food contact surfaces. This requirement shall not apply to counter staff, bartenders, baristas, hosts or wait staff when they are preparing or serving beverages or serving food.
(c) Clothing. All food workers shall wear clean, washable outer garments when starting work and shall replace such garments with clean clothing as often as necessary thereafter to prevent contamination of food or food contact surfaces from soiled or contaminated clothing.
(d) Hand washing. Food workers and other employees shall wash hands and exposed areas of arms thoroughly with soap and water before starting work and as often as necessary to remove soil and any substance that might lead to contamination. Thereafter, hands shall be washed thoroughly after using the toilet, smoking or using electronic cigarettes, sneezing, coughing, eating, drinking or when otherwise soiling hands before returning to work. When gloves are used as a barrier to protect ready-to-eat food from bare hand contact, hands shall be washed before gloves are put on.
(e) Fingernails. Food workers shall keep their fingernails trimmed, filed, and maintained so the edges and surfaces are cleanable and not rough, and unless wearing intact gloves in good repair, shall not wear fingernail polish or artificial fingernails when working with exposed food.
(f) Jewelry. Except for medical alert bracelets or a ring that is smooth and without crevices, such as a wedding band, food workers may not wear jewelry on their arms or hands.
(g) Smoking. Food workers shall not smoke any substance, use tobacco in any form or use electronic cigarettes in any indoor or outdoor area of the premises used by a food service establishment.
(h) Eating and drinking. Food workers shall not eat or drink in food preparation or other areas where food, equipment, and utensils may be exposed to contamination, except that a food worker may drink from beverages in closed containers.
(i) No spitting allowed. Spitting anywhere in the establishment is prohibited.
(Amended City Record 7/9/2015, eff. 8/8/2015)
(a) Food protection certificate required. No person who is charged with the management or supervision of the operations of a food service establishment or non-retail food processing establishment shall engage or be employed in such capacity unless he or she obtains a certificate issued by the Department subsequent to successful completion of a course in food protection, and passage of an examination administered by the Department. No person required to have a license issued pursuant to 24 RCNY Health Code § 89.03(b) shall be issued such license unless he or she obtains such a certificate. A person holding such certificate shall be on the premises and shall supervise all food preparation activities during all hours of operation.
(b) Certificate available for inspection. Such certificate shall be available for inspection at all times by the Department.
(c) Courses to be provided or approved by the Department. The Department may conduct such food protection courses, or any part thereof, or approve courses conducted by others. Persons electing to enroll in such courses conducted by the Department may be charged a reasonable fee to defray all or part of the costs incurred by the Department for course registration, materials, training, testing and certificate issuance. Persons who supervise food service operations for a religious, fraternal or charitable organization that is open to the public for the purpose of providing food to the needy, free of charge will not be charged a fee for a food protection course conducted by the Department.
(d) Additional food protection certificate holders; retaking courses. In addition to the manager or supervisor of food operations, the Department may require the permittee, any persons supervising one or more specific food operations or the current holder of a food protection certificate in any food service establishment to complete a course when the Department finds imminent health hazards, or a food borne illness outbreak implicates food prepared or processed under the supervision of such person, or when the Department determines that such a course is necessary to acquaint a supervisor with current developments in food protection principles, or when otherwise deemed necessary by the Department for the protection of the public.
(e) Photographs required. Two (2) full-face photographs shall be taken by the Department when an applicant registers for such course or applies for such certificate. One photograph shall be affixed to the certificate of completion and the other maintained in the records of the Department.
(a) Use of residential premises prohibited.
(1) No food service or non-retail food processing establishment permit shall be issued for, and no food service or non-retail processing establishment shall be located in, a private home or apartment.
(2) Food shall not be processed, prepared, packed or stored in a private home or apartment except in accordance with § 251-2-4 of the Agriculture and Markets Law and 1 NYCRR § 276.4, or successor provisions, and no part of any food service establishment shall be located in any rooms used for dwelling or sleeping purposes.
(b) Size of establishments and work areas.
(1) Size. Adequate space shall be provided for conduct of operations and to enable thorough, regular cleaning, maintenance, and inspection of all areas of an establishment, including but not limited to those used for food preparation, ware washing, storage, dining, and garbage and waste holding and disposal.
(2) Work spaces. All work and storage areas shall have unobstructed aisles and working spaces of sufficient width to permit employees to perform their duties readily and without contaminating food or food-contact surfaces.
(3) Dressing areas. Dressing and locker areas shall not be located in food preparation, storage or ware washing areas.
(c) Equipment, installation and maintenance. Materials used to construct or repair equipment shall be of sufficient strength and thickness to withstand ordinary establishment usage and to permit cleaning and sanitizing. Equipment shall be installed flush with and sealed to the floor, or raised a minimum of six inches above the floor, or easily moveable to allow accessibility for cleaning on all sides, above and underneath the equipment. All equipment shall be maintained in working order.
(d) Food contact surfaces. Food contact surfaces of utensils and equipment shall be constructed of food grade materials, shall not be painted, and shall not contain lead, cadmium or any other substance that is toxic or may react with food, cleaning or sanitizing materials to form harmful compounds, or render food unwholesome or detrimental to health, and shall not impart any odor, color or taste to food.
(1) Surfaces to be easily cleanable, sanitized and maintained. An establishment shall not use equipment, utensils or containers that are chipped, cracked, rusted, corroded, worn or in a condition where food and debris cannot be removed and such items cannot be easily cleaned and sanitized. Surfaces that come into contact with food such as cutting blocks and boards that are subject to scratching and scoring must be replaced or resurfaced if they can no longer be effectively cleaned and sanitized. Food and other debris must be removed from such surfaces and surfaces must be washed and sanitized as needed to prevent contamination.
(2) Food grade lubricants. Establishments shall use food grade lubricants approved by the United States Food and Drug Administration to lubricate equipment. Such lubricants shall not leak or contact food or food contact surfaces. An establishment shall select and use equipment that requires only the use of simple tools for disassembly to encourage and facilitate cleaning and sanitizing of equipment. Such tools shall include, but not be limited to, mallets, screwdrivers, and open-end wrenches that are kept readily available near the equipment.
(3) Cleaned in place equipment. Equipment designed for in-place cleaning by the circulation or flowing by mechanical means through a piping system shall be constructed so that cleaning and sanitizing solutions circulate through an effective fixed system that allows such solutions to contact all interior food-contact surfaces, and so that the system is self-draining or can be completely evacuated.
(4) Cleaning and polishing food contact surfaces. No substance containing any cyanide preparation shall be used for cleaning or polishing copper, nickel, silver, silver plated ware or any utensils or appliances used in preparation or service of food. Cleaning and polishing formulations shall be used in accordance with the manufacturer's instructions so that such substances do not contaminate food.
(5) Approved sanitizers. Only chemical sanitizers and antimicrobial agents approved by the U.S. Environmental Protection Agency shall be used to clean food and food contact surfaces.
(e) Non-food contact surfaces.
(1) Floors. Floors, floor coverings, and materials used to repair floors of food storage, food preparation, utensil washing areas, walk-in refrigerating units, dressing rooms, locker rooms, lavatories and rest rooms shall be constructed of a hard, smooth, durable, non-absorbent and easily cleanable material and shall be kept clean, without cracks, holes or gaps or other unintended openings at floor and wall junctions or around plumbing pipes and fixtures. Carpeting is prohibited on floors in food preparation areas. Mats and duckboards shall be designed to be removable and easily cleanable.
(2) Walls and ceilings. Walls, ceilings, doors, panels, windows, and other interior components of rooms, and equipment such as walk-in refrigerators, and the materials used to repair such components shall be smooth and non-absorbent, constructed of hard, impermeable, light colored materials, and shall be easily cleanable, kept clean and without cracks, holes or gaps or other unintended openings at floor, wall and ceiling junctions or around plumbing pipes and fixtures. Exposed utility service lines and pipes shall be installed so they do not obstruct or prevent cleaning of the floors, walls, or ceilings.
(3) Equipment and fixtures. Equipment and fixtures, including but not limited to, light fixtures, vent covers and hoods, fans, ducts, and decorative materials shall be easily cleanable, and kept clean and in working order.
(f) Transporting food. Vehicles and other conveyances used for the transportation of food by an establishment shall be kept clean, sanitary, and free of pests, and shall have sufficient equipment in operating condition to maintain temperatures required by this Code for holding potentially hazardous foods.
(g) Toxic materials and hazardous substances: restrictions, labeling and storage. Toxic materials and other hazardous substances, as defined in 24 RCNY Health Code Article 173, must be used only when required to maintain sanitary conditions and in accordance with label directions.
(1) Labels. Containers of such substances must be prominently labeled in accordance with applicable law and substances applied and removed without creating any risk to the health of any persons and without contaminating food, equipment, utensils and supplies.
(2) Storage. Toxic and hazardous materials are to be stored in designated storage areas in which food, equipment and utensils are not stored. Bactericides and cleaning compounds shall not be stored with insecticides, rodenticides or other toxic materials. Insecticides and rodenticides are to be kept in their original containers.
(3) Toxic residues. Bactericides, cleaning compounds or other compounds used on food contact surfaces must be rinsed and removed in accordance with label directions so as not to leave any toxic residues.
(4) Phenolic compounds. Phenolic compounds may not be used for sanitizing food contact surfaces.
(5) Medications. Medicinal first-aid supplies and medications must be kept in non-food storage areas in a manner that does not create a risk of food contamination.
(Amended City Record 7/9/2015, eff. 8/8/2015)
A food service establishment shall have adequate refrigeration and hot holding and storage facilities for the proper storage, transportation, display, and service of potentially hazardous foods. Specific refrigeration and hot holding and storage needs shall be based upon the menu, number of meals, frequency of delivery, and preparation in advance of service.
(a) Refrigeration. Refrigerators shall be capable of maintaining and shall maintain potentially hazardous foods at or below 41 degrees Fahrenheit (5 degrees Celsius) at all times. Food preparation procedures should be conducted so that refrigerators are opened on only a limited basis.
(1) Shelving. Shelving for walk-in and reach-in refrigeration units shall be made of food grade material that is smooth and easily cleanable.
(2) Air circulation and cooling ability. Air circulation within refrigeration units shall not be obstructed and shall allow for an even and consistent flow of cold air throughout the units. Fans circulating air within refrigeration units shall be kept clean, dust free, and in working condition. Gaskets shall be kept clean and intact and shall be replaced as needed so that refrigeration units may maintain food at required temperatures.
(3) Thermometers. Refrigeration units shall have numerically scaled or digital indicating thermometers, calibrated to be accurate to (+) or (-) 2 degrees Fahrenheit. The thermometer shall be placed to measure air temperature in the warmest part of the unit.
(4) Placement. Refrigeration units, unless specified by the manufacturer and designed for such use, shall not be located directly adjacent to cooking equipment or other high heat producing equipment which may tax the cooling system's operation.
(5) Walk-in refrigerator floors. Walk-in refrigerator floors that are water-flushed for cleaning or that receive discharge of liquid waste or excessive melt water, shall be non-absorbent and sloped to drain.
(6) Outdoor walk-in refrigerators. Refrigerators located outdoors shall be kept clean, locked, secure, and in operating condition, and shall not permit entry or harborage of pests.
(b) Hot holding. Hot holding and storage equipment shall be capable of maintaining and shall maintain potentially hazardous foods at or above 140 degrees Fahrenheit (60 degrees Celsius) at all times.
(1) Thermometers. Hot holding units shall have numerically scaled or digital indicating thermometers, calibrated to be accurate to (+) or (-) 2 degrees. The thermometer shall be placed to measure air temperature in the coolest part of the unit.
(Amended City Record 7/9/2015, eff. 8/8/2015)
(a) Lighting. Sufficient artificial light shall be provided so that operations and cleaning are conducted safely, and food workers are able to recognize the condition of food, equipment, utensils, and supplies. Artificial lighting shall be provided as follows:
(1) At least 540 lux (50 foot candles) at surfaces where food workers are preparing and processing food and working with utensils or equipment such as knives, slicers, grinders, or saws;
(2) At least 215 lux (20 foot candles) at surfaces where food is provided for consumer self-service such as buffets and salad bars; inside equipment such as reach-in and under-counter refrigerators; and at a distance of 30 inches (75 centimeters) above the floor in areas used for hand washing, ware washing, and equipment and utensil storage, and in toilet rooms; and
(3) At least 108 lux (10 foot candles) at a distance of 30 inches (75 centimeters) above the floor, in walk-in refrigeration units and dry food storage areas and in other areas and rooms during periods of cleaning.
(b) Lighting to be shielded. All artificial lighting fixtures including infrared or other heat lamps located over, by or within food storage, preparation, service or display facilities, and facilities where utensils and equipment are cleaned and stored, which may shatter due to extreme heat, temperature changes or accidental contact and may contaminate food upon shattering, shall be fitted with light bulbs that are coated with a shatterproof sealant or otherwise rendered shatterproof or shall be shielded and encased, with end caps or other devices, to prevent broken glass from falling into food or onto food-contact surfaces.
(c) Ventilation. Establishments shall be adequately ventilated to prevent and control excessive heat, steam, condensation, vapors, odors, smoke, and fumes.
(1) Mechanical ventilation shall be installed in rooms where odors, vapors or fumes originate.
(2) Ventilation hoods and devices shall be constructed and installed to prevent grease or condensation from collecting on walls or ceilings and from dripping into food or onto food-contact surfaces.
(3) Intake and exhaust ducts shall be constructed and maintained to prevent dust, smoke and fumes, dirt or other contaminants from entering the establishment.
(4) Ventilation to the outside air shall comply with applicable law and regulation and shall not create a nuisance or unlawful emission.
(5) Concentrations of carbon monoxide gases shall not exceed nine (9) parts per million.
(a) Potable water supply. Establishments at all times must have adequate supplies of potable water, as defined in Part 5 of the State Sanitary Code (10 NYCRR Chapter 1). An establishment shall be equipped with plumbing and plumbing fixtures, in accordance with applicable law, that safely supply potable water to all parts of the establishment. Plumbing and fixtures shall be properly connected, vented, and drained to prevent contamination of the potable water supply. Potable water supply fixtures or other equipment connected to the potable water supply shall be designed and constructed or equipped with a device that prevents back-flow or siphonage into, or cross connection with the water supply.
(b) Disposal of sewage and liquid waste. Sewage and liquid wastes including but not limited to condensates discharged by equipment, such as refrigerators, ice machines, air conditioners, drain pans, evaporator trays, hoses and other plumbing or cooling lines and fixtures; fluids drained from culinary, slop or ware washing sinks; and fluids discarded after cooking shall be conveyed to the sewer or sewage disposal system so as to prevent contamination of the premises and its contents and so as not to create harborage conditions. Liquid wastes consisting of discarded grease and oil shall be disposed of in accordance with applicable laws.
(1) Indirect waste connection required. There shall be no direct connection between the sewage system and any drains from plumbing fixtures and equipment used for hot and cold storage, or mechanical processing of food. Waste lines from equipment required to have indirect drains shall be installed to prevent back-flow from sewers and other drains and waste lines.
(2) Direct connections required. Waste water shall be discharged into properly trapped, sewer-connected plumbing lines.
(c) Carbonated beverages. All plumbing lines conducting carbon dioxide gas or carbonated beverages shall be manufactured from stainless steel, food-grade plastic or other material that will not produce toxic substances when exposed to carbon dioxide or carbonated water.
(Amended City Record 7/9/2015, eff. 8/8/2015)
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