Loading...
(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)
(a) Garbage and waste stored for removal. Prior to street placement and pickup, garbage and wastes shall be placed in easily cleanable, watertight, rodent-resistant, and insect-resistant containers with tight fitting lids that must be securely fastened. Containers must be stored in a manner that does not attract pests or create pest harborage conditions.
(b) Garbage and waste removal. Solid and putrescible wastes placed on sidewalks for collection shall be disposed of in accordance with applicable law, including but not limited to Title 16 of the Administrative Code and the rules of the Department of Sanitation and the Business Integrity Commission, or successor agencies.
(c) Containers to be cleaned after emptying. Garbage receptacles and covers shall be cleaned after emptying and prior to reuse.
(Amended City Record 7/9/2015, eff. 8/8/2015)
No live animal shall be kept, housed or permitted to enter into or remain in any food service establishment. This section shall not apply to edible fish, crustacea, mollusks, or fish in aquariums; service dogs or other animals accompanying and trained to assist disabled persons; or working dogs accompanying police officers.
(a) Non-food contact surface components. Floors, walls, ceilings, and other non-food contact surfaces shall be kept free of accumulations of dust, dirt, food residue, grease, and other debris and shall be cleaned as necessary to prevent such accumulations.
(b) Food contact surfaces. Food contact surfaces, including food contact surfaces on equipment, and utensils shall be clean to sight and touch and shall be kept free of dust, dirt, food residues, grease deposits, and other contaminants. Equipment must be disassembled for the purpose of cleaning unless specifically constructed to enable cleaning in place. Food contact surfaces must be cleaned and sanitized:
(1) Before each use with a different type of raw animal food such as beef, fish, lamb, pork or poultry;
(2) Each time there is a change from working with raw to working with ready-to-eat foods; and
(3) At other times as necessary to prevent accumulations of dirt, mold, encrusted food, grease or other substances or whenever contamination may have occurred.
(c) Cloths. Cloths used for the cleaning and sanitizing of food contact and non-food contact surfaces shall be stored clean and dry, or in a sanitizing solution, between uses.
(1) Moist cloths used for wiping food spills from kitchenware and food contact surfaces shall be used only for this purpose and shall be stored in a sanitizing solution between uses.
(2) Moist cloths used for wiping non-food contact surfaces shall be used only for this purpose and shall be stored in a sanitizing solution between uses.
(Amended City Record 7/9/2015, eff. 8/8/2015)
Tableware, including dishes, utensils, and equipment must be cleaned and sanitized, as defined in 24 RCNY Health Code § 81.03, manually or by machine using either heat or chemical means, in accordance with this section, except that other adequate methods acceptable to the Department may be used.
(a) Manual washing and sanitizing. A three compartment sink must be used when washing and sanitizing equipment, dishes and utensils by hand, except where otherwise indicated in this subdivision. All compartments of the sink must be large and deep enough to permit complete immersion of the largest equipment and utensils to be washed. Items must be:
(1) Washed in the first compartment in a detergent solution;
(2) Rinsed free of such solution in clean hot water in the second compartment; and
(3) Sanitized in the third compartment with hot water or a chemical solution.
(A) Hot water sanitizing. Hot water used for sanitizing must be heated to and maintained at or above 170 degrees Fahrenheit (76.6 degrees Celsius). A numerically scaled, indicating or digital thermometer calibrated to be accurate to plus or minus 2 degrees Fahrenheit (1.1 degrees Celsius) must be used to measure water temperature. Items must be wholly immersed for at least 30 seconds to destroy surface pathogens.
(B) Chemical sanitizing. Only anti-microbial pesticides registered with the U.S. Environmental Protection Agency shall be used for manual chemical sanitizing and must be used in sufficient amounts to achieve the sanitization levels required by subdivision (ii) of 24 RCNY Health Code § 81.03, without leaving toxic residues on surfaces treated. A test kit or other device must be used to accurately measure the parts per million concentration of the solution used, and the pH of the solution when the pH level would affect the performance of the chemical sanitizer.
(C) Glassware. Glasses only may be washed in a two compartment sink using a combination detergent and sanitizer in the first compartment and rinsed in clean water in the second compartment, if the manufacturer of the combination product indicates it may be used in this manner.
(b) Mechanical washing and sanitizing.
(1) Heat requirements for mechanical washing. High temperature machines used for the cleaning and sanitizing of utensils, equipment, and food contact surfaces must be installed, maintained, and kept in working order. Machines must be equipped with thermometers, and operated so that all food contact surfaces achieve a surface temperature of at least 160 degrees Fahrenheit (71 degrees Celsius) in order to destroy surface pathogens.
(2) Chemical requirements for mechanical washing. Low temperature machines that use chemicals must be installed, maintained, kept in working order and operated so as to attain effective sanitization. A test kit or other device must be used to accurately measure the parts per million concentration of the solution used and the pH of the solution when the pH level would affect the performance of the chemical sanitizer and to ensure the chemical sanitizer is used in concentrations that will not leave toxic residues on surfaces treated.
(c) Drain boards; air drying. Drain boards of adequate size must be provided and used for the proper handling of soiled items prior to washing, and of clean items following sanitization. Drain boards must be self-draining, and located and constructed so that they do not interfere with the proper use of ware washing facilities. All tableware, utensils, and food contact equipment must be air dried after sanitizing.
(Amended City Record 7/9/2015, eff. 8/8/2015)
(a) Street and sidewalk cooking prohibited; exceptions. There shall be no cooking, preparation, processing, or service of food, or storage of food, utensils or equipment on a street or sidewalk, except when an establishment is participating in an event as defined in 24 RCNY Health Code Article 88, or is a mobile food vending unit being operated in accordance with 24 RCNY Health Code Article 89 and other applicable law, or permission has been obtained from appropriate City agencies.
(b) Conducted on the premises owned by a food service establishment. When permission has been obtained from the Department of Buildings, Fire Department, and other agencies when required, a permitted food service establishment may cook outdoors at the establishment within the premises under the establishment's ownership, management, operation, and control, including, but not limited to, in the establishment's backyard, in accordance with this section, and other provisions of this Article.
(c) Prevention of nuisances. No nuisance shall be created, including from smoke, garbage, noise or pests.
(d) Structural components.
(1) Floors. A hard surface floor whose construction and materials comply with 24 RCNY Health Code § 81.17 shall be provided.
(2) Food protection. During food and beverage preparation, hot and cold holding, and food storage, food shall be protected at all times by covering with barriers, including, but not limited to, awnings, tents, screens, vermin-resistant containers, or other methods required by 24 RCNY Health Code § 81.07. No foods, or clean utensils and equipment, shall be stored outdoors when the outdoor cooking facility is not in operation. A hand wash sink shall be provided if any food is prepared at the outdoor cooking facility.
(3) Overhead protection. Cooking equipment and utensils shall be covered by lids or larger overhead protections such as a tent, canopy, umbrella or other device.
(4) Lighting and ventilation. Lighting and ventilation shall be provided in accordance with 24 RCNY Health Code § 81.19.
(Amended City Record 7/9/2015, eff. 8/8/2015)
Loading...