Part 14 Food Service Establishments

(a) It is unlawful for any temporary food service establishment to be operated without a permit. Failure to obtain a permit is cause for immediate closure. Only an individual, partnership, corporation, association or similar legal entity complying with requirements of this Subpar…

The permit-issuing official may waive any requirements under sections 14-2.13 and 14-2.14 of this Subpart when, in his opinion, it does not endanger the public health.

Any food service operator having actual or constructive knowledge of the occurrence of illness allegedly due to the consumption of food served at the establishment, shall report the same within 24 hours by telephone, telegram or in person to the permit-issuing official.

(a) A temporary food service establishment shall obtain and display a valid permit from an issuing official authorized by the State Commissioner of Health. At establishments that serve retail frozen desserts the $25 permit fee imposed by Public Health Law, section 225(5)(s) shall…

If any provision of this Subpart is held invalid, such invalidity shall not affect other provisions which shall be given effect without the invalid provisions.

(a) All food used by a temporary food service establishment is to be wholesome, safe for human consumption, and obtained from sources that comply with laws relating to food and food labeling. Fluid milk and milk products used or served are to be pasteurized and obtained from sour…

Contamination means exposing food to filth, toxic substances, manual contact during service or preparation if such food will not be subsequently cooked prior to service, rodent or insect contact or infestation, or any condition which permits introduction of pathogenic microorgani…

Ice that is consumed or that touches food is to be made from potable water from approved sources in a manner that protects it from contamination. Such ice is to be obtained only in chipped, crushed, or cubed form and in single-use safe plastic or wet-strength paper bags filled an…

(a) Equipment is to be constructed, located, and installed in a way that prevents food contamination and facilitates cleaning the establishment. (b) Food-contact surfaces are to be smooth and free from cracks or pits and are to be easily cleanable. All food-contact surfaces are t…

Sanitization means effective bactericidal treatment by heat or chemical means, acceptable to the permit-issuing official, which destroys pathogens on surfaces treated.

Handwashing facilities are to be provided at each establishment. This facility is to be at least potable warm water, soap and individual paper towels.

Enough potable water from an approved source is to be available in the establishment for food preparation, cleaning and sanitizing utensils and equipment, and handwashing. If not otherwise readily available, a heating facility capable of producing enough hot water for these purpo…

This Subpart is applicable to mobile food service establishments and pushcarts notwithstanding any other Subpart of this Part.

The purpose of this code is to protect the public health. Owners and operators of mobile food service establishments and pushcarts are to operate in such a way as to avoid health hazards by limiting operations and the kinds of food to those which can be safely prepared, stored an…

Equipment and utensils are to be constructed of safe materials which will not contaminate or otherwise affect food. Such materials are to be resistant to denting, buckling, pitting, chipping, distortion, cracking and crazing, and are to be smooth, easily cleanable and free from b…

(a) Materials, including food-grade plastics used in the construction and repair of equipment and utensils, are to be nontoxic, not affected by foods, cleaning compounds, or such other substances which may be found in the use environment, nonabsorbent and durable under normal use…

Equipment installed in mobile food service establishments is acceptable in that establishment provided that it is in good repair, maintained in a sanitary condition, the food-contact surfaces are nontoxic and it performs its intended function in a satisfactory manner without cont…

(a) Approved means that under conditions of use the State Commissioner of Health, based on evaluation of the physical characteristics and usual usages, has determined it to be in conformance with good public health practices. (b) Easily cleanable means readily accessible and of m…

Single-service articles are to be furnished to consumers at all mobile food service establishments and pushcarts. Single-service articles are to be discarded after use.

Equipment is to be located and installed in a way that prevents food contamination and facilitates cleaning the establishment. Unobstructed working spaces are to be provided sufficient to permit employees to perform their duties readily without contamination of food or food-conta…

(a) Food-contact surfaces are to be washed, rinsed and sanitized before use and after any interruption of operations and when contamination may have occurred. (b) Equipment and utensils used for the preparation of potentially hazardous foods are to be washed, rinsed and sanitized…

(a) The preferred manual method of cleaning and sanitizing equipment and utensils is to use a three-compartment sink; to wash in the first compartment with hot water and a detergent; rinse in clean hot water in the second compartment; and sanitize in the third compartment. (b) A …

Sanitization is effective bactericidal treatment by heat or chemical means, acceptable to the Commissioner of Health, which destroys pathogens on surfaces treated. (a) The following are acceptable methods of sanitizing in a mobile food service establishment: (1) immersion for at …

Drainboards of adequate size are to be provided and used for the proper handling of solid items prior to washing and of clean items following sanitization. Drainboards are to be self-draining and to be located and constructed so that they do not interfere with the proper use of t…

All equipment and utensils are to be air-dried after sanitizing.

(a) Moist cloths used for wiping food spills on kitchenware and food-contact surfaces of equipment are to be used only for this purpose. These cloths are to be stored in a clean sanitizing solution between uses. (b) Moist cloths used for cleaning nonfood-contact surfaces of equip…

(a) Water supplied a mobile food service establishment or pushcart is to be obtained from a supply complying with the requirements of Part 5 of this Title. The water storage tank, fill piping and distribution piping are to be installed and maintained to protect the water from con…

Sewage and liquid wastes are to be stored in a permanently installed holding tank that has at least 15 percent greater capacity than the water supply tank in a manner which protects the premises, personnel and contents within the establishment and surroundings from contamination.…

(a) Mobile food service establishments are to have adequate handwashing facilities provided and maintained in the food preparation areas. Sinks not in use for food storage, preparation or processing or not in use for utensil or dishwashing may be used for handwashing. (b) Each ha…

Pushcarts are to have handwashing facilities for the operator. This handwashing facility is to be a supply of clean, potable water, soap or detergent, a receptacle to hold waste water and paper towels.

Handwashing facilities are not required where the food served is limited to prepackaged, prewrapped items.

Within a mobile food service establishment, garbage and refuse is to be stored, handled and disposed of in a manner that protects food and food-contact surfaces from contamination and the premises from litter. (a) Garbage and refuse is to be kept in durable, easily cleanable, ins…

Pushcart operators are to furnish and maintain refuse receptacles for wastes generated by their own operations and for wrapping materials or single-service articles furnished consumers.

The operator of a mobile food service establishment or pushcart is responsible for cleanup of debris caused by the operation and consumer littering.

The interior of pushcarts and mobile food service establishments are to be free of insects, rodents, harborage, and insect or rodent breeding conditions. Openings to the outside are to be protected against the entrance of insects and rodents. Pesticides are not to be used in plac…

(a) Floors and floor coverings of mobile food service establishments are to be maintained clean and in good repair and are to be smooth, durable and nonabsorbent. The use of sawdust, wood shavings, peanut hulls or similar material as a floor covering in food preparation and stora…

(a) Walls and ceilings, including doors, windows, skylights and similar closures of mobile food service establishments are to be maintained clean and in good repair. (b) Light fixtures, vent covers, wall-mounted fans, decorative materials and similar equipment attached to walls a…

Permanent artificial light sources are to be installed and maintained to provide at least 30 foot-candles of light on all food preparation surfaces and at equipment or utensil washing work levels.

Enclosed mobile food service establishments and pushcarts are to be provided with sufficient ventilation to keep them free of excessive heat, steam, condensation, vapors, odors, smoke and fumes. Ventilation systems are not to create an unsightly or harmful discharge or create a n…

(a) Mobile food service establishments and all parts of the property used in connection with operations of the establishment are to be kept clean and free from litter. (b) Only articles necessary to the operation and maintenance of the mobile food service establishment are to be …

A mobile food service establishment and pushcart commissary is to meet the requirements of this Subpart and Subpart 14-1 of this Part and is to be constructed, equipped and maintained so that: (a) the interior of the building is clean, free from rodents and insects, odors, pooled…

Live animals, including birds and turtles are to be excluded from mobile food service operations.

(a) A valid permit issued by the permit-issuing official having jurisdiction is required for lawful operation of a mobile food service establishment or pushcart. This permit is to be prominently displayed where it can be seen by the consumer. At establishments that serve retail f…

It is the responsibility of the operator of a mobile food service establishment or pushcart to construct, equip, furnish, maintain and operate the mobile food service establishment or pushcart under his control in compliance with the requirements of this Subpart and other applica…

(a) Permits will be issued for a period of time not to exceed one year. The permit-issuing official will determine the term of the permit based on the record of compliance of the establishment and the potential for risks to public health presented by operation of the establishmen…

(a) Operation of a mobile food service establishment or pushcart without a permit is a violation of this Subpart. The permit-issuing official or his designated representative may order any mobile food service establishment or pushcart in his jurisdiction, operating without a vali…