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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)
(a) Location. Hand washing sinks equipped with hot and cold potable running water shall be installed in food preparation, food service, and ware washing areas, and in or adjacent to employee and patron toilet rooms, and may be located between such areas.
(1) Sufficient sinks shall be provided so that a hand washing sink is no more than 25 feet from any food preparation, service or ware washing area.
(2) Any area in which a hand wash sink is located shall be unobstructed by doors or equipment, and access shall be kept clear to enable its use as required by this Code. Hand washing sinks shall not be used for purposes other than hand washing.
(3) An automatic hand washing sink shall be used in accordance with the manufacturer's instructions. A self-closing, slow-closing or metering faucet shall provide a flow of water for at least 15 seconds without the need to reactivate the faucet. A steam mixing valve shall not be used.
(b) Soap, towels, trash receptacle. Soap or detergent; single use disposable towels or mechanical drying devices; and a trash receptacle shall be provided. A supply of towels or a towel dispenser shall be located immediately adjacent to the hand wash sink, and available without requiring the user to open drawers, cabinets or other enclosures that could lead to recontamination of hands.
(c) Wash hands signs. Signs directing employees to wash hands after use of toilet shall be conspicuously posted near or above all hand washing sinks. Signs shall be posted in English and all languages as necessary so as to be understood by all food workers in an establishment.
(Amended City Record 7/9/2015, eff. 8/8/2015)
(a) Toilet facilities required. Toilet facilities shall be provided for employees and shall be equipped with a minimum number of water closets, urinals, and other plumbing fixtures as required by § PC 403 of Chapter 4 of the New York City Plumbing Code, Administrative Code Title 28, or any successor law.
(b) Patron toilets required. Food service establishments with a seating capacity of 20 or more, except those located in premises where a permitted food service establishment operated on or before December 5, 1977, shall provide toilet facilities for patrons. Establishments with a seating capacity of 20 or more in premises where a permitted food service establishment operated on or before December 5, 1977 shall, when undergoing renovations of sufficient scale to require a construction permit from the Department of Buildings, install and thereafter provide one or more patron toilets equipped as required by subdivision (a) of this section.
(c) Toilet rooms. All toilets shall be properly flushed and trapped. Toilet rooms must be adequately lighted and mechanically or naturally ventilated, maintained in sanitary operating condition, and furnished with supplies of toilet tissue and easily cleanable receptacles for waste paper and other refuse.
(d) Shared toilet facilities. Patrons and employees may use the same toilet facilities, except if patrons would be required to walk through a kitchen, food preparation or storage area, or utensil washing area to access the toilet.
(Amended City Record 7/9/2015, eff. 8/8/2015)
(a) Establishments to be pest free. Food service and non-retail food processing establishments shall be kept free of rodents, insects and other pests, as defined in 24 RCNY Health Code Article 151, and of conditions conducive to pests, as defined in 24 RCNY Health Code Article 151, which shall include but not be limited to the following:
(1) Accumulated refuse and other material on or in which pests may shelter, hide or nest;
(2) Presence of cracks, gaps or holes in establishments' exteriors or interiors that permit free movement of pests;
(3) Presence of food or water refuse and wastes accessible to and capable of sustaining or attracting a pest population including, but not limited to, standing water or other liquid wastes, grease and food residue and improperly closed food containers.
(b) Prevention. Premises, equipment and fixtures shall be of a construction, design and material so as to prevent and control entry and harborage of pests.
(1) Daily inspections. Permittees shall inspect the premises and incoming food and supplies daily to determine presence of pests and to prevent entry of and infestation by pests.
(2) Exterminator required. Permittees shall contract with a pest management professional licensed by New York State Department of Environmental Conservation to provide preventive measures and extermination services necessary to maintain their establishments free of pests. Records showing the name, address, Department of Environmental Conservation license number of the exterminator, the services provided, and the effective dates of such contracts shall be kept on the premises of the establishment. At the request of the Department, the permittee shall make available a fully executed copy of a contract with a pest management professional to provide at least monthly preventive inspections and services, and where pests are observed, to provide services for their elimination.
(3) Doors. All doors opening into the establishment from the outside shall be equipped with barriers such as anti-pest tension brushes or a space no larger than one-eighth of an inch (3.1750 millimeters) to prevent entry of rodents.
(4) Pest monitors. As part of an integrated pest management program, an establishment may use sticky monitoring traps or stations that are examined to determine if the establishment has a roach, other insect or rodent infestation. Such monitoring traps or stations shall be marked with the date the station was placed, and a date, no later than one month thereafter, or an earlier date, to be established by the pest management professional, when the traps or stations shall be removed and discarded. Such traps and stations shall be removed as soon as they contain one or more roaches, other insects or rodents.
(c) Pest infestations. Permittees shall take all preventive, control, and extermination measures necessary to maintain the establishment free of pests. When the Department determines that an establishment has a persistent pest infestation and conditions conducive to pests, the Department may order the permittee to institute and maintain a pest management plan in accordance with 24 RCNY Health Code § 151.02(c).
(d) Pesticide applications. Pesticides shall be properly labeled, authorized for use, and used only by licensed pest professionals in accordance with the New York State Environmental Conservation Law and Title 6 of the New York Codes, Rules and Regulations (NYCRR) Part 325, or any successor regulation, and applied so that:
(1) There is no hazard to employees or other persons.
(2) There is no pesticide spraying in food preparation and service areas while food is being processed, prepared or served, or where unprotected food, clean utensils or containers are displayed or stored.
(3) Food, equipment, utensils, linens, and single-service or single use articles are protected from contamination and toxic residues that result from pesticide application. Such items are to be protected by impermeable coverings or other measures during pesticide application and must be cleaned and sanitized after pesticide application.
(4) The use of unprotected or unlocked bait stations is prohibited in food service establishments.
(e) Toxic materials. Where labels permit, poisonous and toxic materials shall be stored in areas designated solely for such purpose, or in a storage area outside the food, equipment and utensil storage area. Bactericides and cleaning compounds shall not be stored with insecticides, rodenticides or other poisonous materials. Insecticides and rodenticides shall be kept in their original containers.
(Amended City Record 7/9/2015, eff. 8/8/2015)
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