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Chapter 1: Required Signs
Chapter 3: Performance Summary Cards and Penalties for Child Care Programs
Chapter 4: Health, Safety and Well-Being of Rental Horses
Chapter 5: Pet Shops
Chapter 6: Mobile Food Vending
Chapter 7: Adjudicatory Hearings and Violation Fines and Penalties
Chapter 8: Cooling Towers
Chapter 9: Raw Salt-Cured Air-Dried Fish
Chapter 10: Smoking Under the New York City Smoke-Free Air Act
Chapter 11: Conservation of Water [Repealed]
Chapter 12: Window Guards
Chapter 13: Cigarette and Tobacco Product Sales
Chapter 14: Cleaning Park Playground Equipment
Chapter 16: Criteria for Issuing Special Vehicle Identification Permits to Disabled Persons
Chapter 17: Tripartite General Orders
Chapter 18: Resuscitation Equipment in Public Places
Chapter 19: Waiting List Rules for Temporary Mobile Food Unit Permits
Chapter 19A: Expansion of the Full-Term Mobile Food Vendor Permit Waiting List [Repealed]
Chapter 20: Preference and/or Waiting List Rule for Full-Term Mobile Food Unit Permits [Repealed]
Chapter 21: Health Academy Courses and Department Fees
Chapter 22: Tattooists and Applying Tattoos
Chapter 23: Food Service Establishment Sanitary Inspection Procedures and Letter Grading
Chapter 24: Automated External Defibrillators In Certain Public Places
Chapter 25: Service of Final Orders In Assisted Outpatient Treatment
Chapter 26: Establishment and Maintenance of Separate Borough Specific Waiting Lists for Those Seeking Fresh Fruits and Vegetables Permits
Chapter 27: Food Allergy Information
Chapter 28: Restriction On the Sale of Certain Flavored Tobacco Products, Flavored Electronic Cigarettes, and Flavored E-Liquid
Chapter 29: Animal Population Control Program
Chapter 30: Volatile Organic Compounds in Carpet and Carpet Cushion
Chapter 31: Drinking Water Tank Inspections
Chapter 32: Dogs in Outdoor Dining Areas
Chapter 33: Operation of Body Scanners in Correctional Facilities
Chapter 34: Grocery Delivery Program
Chapter 35: Designating Rat Mitigation Zones
Chapter 36: Needle, Syringe, and Sharps Buyback Pilot Program
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Chapter 39: [Added Sugar Warning]
New York City Health Code
Introductory Notes
Title I: Short Title, Definitions and General Provisions
Title II: Control of Disease
Title III: Maternal, Infant, Child and School Health Services
Title IV: Environmental Sanitation
Part A: Food and Drugs
Article 71: Food, Drugs and Cosmetics
Article 73: Food; General Provisions [Repealed]
Article 75: Drugs and Devices [Repealed]
Article 77: Cosmetics [Repealed]
Article 81: Food Preparation and Food Establishments
§ 81.01 Scope.
§ 81.03 Definitions.
§ 81.04 Approved Sources of Food.
§ 81.05 Permit Requirements; Technical Review and Pre-Permitting Inspections for Food Service Establishments and Non-Retail Food Processing Establishments.
§ 81.06 Prevention of Imminent or Public Health Hazards.
§ 81.07 Food; Sanitary Preparation, Protection Against Contamination.
§ 81.08 Foods Containing Artificial Trans Fat.
§ 81.09 Potentially Hazardous (Time and Temperature Control for Safety) Foods.
§ 81.10 Time as a Public Health Control; Exception to Required Holding Temperatures of Potentially Hazardous (Temperature Control for Safety) Foods.
§ 81.11 Consumer Advisory: Serving Raw or Undercooked Foods.
§ 81.12 Reduced Oxygen Packaging; Cook Chill and Sous Vide Processing.
§ 81.13 Food Workers: Health; Hygienic Practices.
§ 81.15 Food Protection Course.
§ 81.17 General Requirements: Design, Construction, Materials and Maintenance.
§ 81.18 Cold and Hot Storage and Holding Facilities.
§ 81.19 Lighting and Ventilation.
§ 81.20 Plumbing and Water Supply.
§ 81.21 Hand Wash Sinks.
§ 81.22 Employee and Patron Toilets.
§ 81.23 Integrated Pest Management.
§ 81.24 Garbage and Waste Disposal.
§ 81.25 Live Animals.
§ 81.27 Cleaning of Premises, Equipment and Utensils.
§ 81.29 Dishwashing and Ware Washing.
§ 81.31 Outdoor Cooking, Food and Beverage Preparation Facilities.
§ 81.33 Food Service Establishments and Non-Retail Food Processing Establishments; Equipment and Utensils; Design, Construction and Placement. [Repealed]
§ 81.35 Food Service Establishments and Non-Retail Food Processing Establishments; Refrigerators. [Repealed]
§ 81.37 Food Service Establishments and Non-Retail Food Processing Establishments; Cleaning of Premises, Equipment and Utensils; Cleaning Methods. [Repealed]
§ 81.39 Food Service Establishments and Non-Retail Food Processing Establishments; Sealing of Unclean Equipment, Utensils and Vehicles; Denial, Suspension and Revocation of Permits; Enforcement.
§ 81.41 Dispensing Devices Used to Dispense Food; Construction, Cleanliness, Refrigeration, Safety.
§ 81.43 Reporting Complaints of Patrons' Illness, Emergency Occurrences.
§ 81.45 Drinking Straws and Single Service Utensils. [Repealed]
§ 81.46 Refillable, Returnable Containers.
§ 81.47 Water Potability Certificates. [Repealed]
§ 81.49 Sodium Warning.
§ 81.50 Posting of Calorie Information.
§ 81.51 Grading of Inspection Results and Posting of Grades by Certain Food Service Establishments.
§ 81.53 Maximum Beverage Size. [Repealed]
§ 81.55 Modification by Commissioner.
Article 83: Wholesale Food Establishments, Commissaries and Food Service Commissaries [Repealed]
Article 85: Retail Food Processing Establishments [Repealed]
Article 86: Retail Non-Processing Food Establishments [Repealed]
Article 87: Restaurants and Other Eating Places [Repealed]
Article 88: Temporary Food Service Establishments
Article 89: Mobile Food Vending
Article 91: Meat and Meat Products; Slaughtering of Animals [Repealed]
Article 93: Poultry; Slaughtering, Eviscerating and Processing [Repealed]
Article 95: Sausage Manufacturing and Smoking, Preparing or Preserving of Meat [Repealed]
Article 97: Horsemeat; Slaughtering of Horses [Repealed]
Article 101: Shellfish and Fish [Repealed]
Article 103: Establishments Engaged in Preparing, Preserving or Smoking Fish [Repealed]
Article 111: Milk and Milk Products [Repealed]
Article 113: Frozen Desserts [Repealed]
Article 115: Prescription Formula Preparation Facilities
Article 116: Infant Formula in Hermetically Sealed Containers [Repealed]
Article 117: Dairy Food Products [Repealed]
Article 121: Other Food Establishments: Dry Warehouses; Edible Egg Breaking; Bakeries; Mineral, Spring and Other Waters; Carbonated and Other Beverages [Repealed]
Part B: Control of Environment
Title V: Vital Statistics
Appendices
Resolutions
Title 25: Department of Mental Health and Retardation [Repealed]
Title 28: Housing Preservation and Development
Title 29: Loft Board
Title 30: Rent Guidelines Board
Title 31: Mayor's Office of Homelessness and Single Room Occupancy
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Title 35: Taxi and Limousine Commission
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Title 38-A: Civilian Complaint Review Board
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Title 41: Department of Juvenile Justice
Title 42: Department of Probation
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Title 44: Comptroller
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Title 46: Law Department
Title 47: Commission on Human Rights
Title 48: Office of Administrative Trials and Hearings (OATH)
Title 49: Department of Records and Information Services
Title 50: Community Assistance Unit
Title 51: City Clerk
Title 52: Campaign Finance Board*
Title 53: Conflicts of Interest Board
Title 55: Department of Citywide Administrative Services
Title 56: Department of Parks and Recreation
Title 57: Art Commission
Title 58: Department of Cultural Affairs
Title 60: Civil Service Commission
Title 61: Office of Collective Bargaining
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Title 66: Department of Small Business Services
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Title 68: Human Resources Administration
Title 69: Department of Aging
Title 70: In Rem Foreclosure Release Board
Title 71: Voter Assistance Commission
Title 72: Office of Emergency Management
Title 73: Civic Engagement Commission
Title 74: Community Hiring
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§ 81.21 Hand Wash Sinks.
   (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)  
§ 81.22 Employee and Patron Toilets.
   (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)  
§ 81.23 Integrated Pest Management.
   (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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