§ 500-A — Definitions

* § 500. Special powers and duties of the department with respect to\nretail food stores, food service establishments and food warehouses. 1.\nDefinitions. For the purposes of this section, the following terms shall\nhave the following meanings:\n (a) "Food service establishment" means any place where food is\nprepared and intended for individual portion service, and includes the\nsite at which individual portions are provided, whether consumption\noccurs on or off the premises, or whether or not there is a charge for\nthe food.\n (b) "Retail food store" means any establishment or section of an\nestablishment where food and food products are offered to the consumer\nand intended for off-premises consumption. The term does not include\nestablishments which handle only pre-packaged, non-potentially hazardous\nfoods, roadside markets that offer only fresh fruits and fresh\nvegetables for sale, food service establishments, or food and beverage\nvending machines.\n (c) "Zone" means an administratively determined geographic portion of\nthe state to which inspectors are assigned by the department.\n (d) "Food warehouse" shall mean any food establishment in which food\nis held for commercial distribution.\n 2. Each retail food store shall post a copy of the date and results of\nits most recent sanitary inspection by the department in a conspicuous\nlocation near each public entrance, as prescribed by the commissioner.\nSuch copies shall also be made available to the public upon request.\n 3. (a) The department shall assign at least one retail food specialist\nto each inspection zone. Such specialists shall assist retail food\nstores in remedying chronic deficiencies and shall ensure that effective\npest control and other sanitary measures are properly implemented.\n (b) Such specialists shall be given additional training to that\nnormally provided to sanitary inspectors to qualify them for their\nduties under this section, with particular emphasis on the problems\nunique to retail food stores and pest control measures.\n 4. The department shall inspect each retail food store at least once\nin every twelve month period. Any store that fails two consecutive\ninspections shall be inspected at least once in every six month period\nuntil it has passed two consecutive inspections. In the event that a\nretail food store fails three consecutive inspections, the department\nmay, in its discretion, order such establishment to cease all retail\noperation until it passes inspection or suspend or revoke any license\nissued to such establishment pursuant to article twenty-C of this\nchapter.\n 5. Licensure. No person shall maintain or operate a retail food store,\nfood service establishment or food warehouse unless such establishment\nis licensed pursuant to the provisions of this article, provided,\nhowever, that establishments registered, permitted or licensed by the\ndepartment pursuant to other provisions of this chapter, under permit\nand inspection by the state department of health or by a local health\nagency which maintains a program certified and approved by the state\ncommissioner of health, or subject to inspection by the United States\ndepartment of agriculture pursuant to the federal meat, poultry or egg\ninspection programs, shall be exempt from licensure under this article.\nApplication for licensure of a retail food store, food service\nestablishment or food warehouse shall be made, upon a form prescribed by\nthe commissioner, on or before December first of every other year for\nthe registration period beginning January first following. Upon\nsubmission of a completed application, together with the applicable\nlicensing fee, the commissioner shall issue a license to the retail food\nstore, food service establishment or food warehouse described in the\napplication for two years from the date of issuance. The license fee\nshall be two hundred fifty dollars provided, however, that food\nwarehouses shall pay a license fee of four hundred dollars.\nNotwithstanding the preceding sentence, the commissioner shall, upon\nsubmission of a completed application for a new license by an applicant\nthat is a chain store, as defined by subdivision five of section two\nhundred fifty-one-z-two of this chapter, issue such license for a period\nending on the same date as the licenses of the other chain stores that\nare a part of the same network.\n * NB Effective until February 13, 2026\n * § 500-a. Definitions. For the purposes of this section, the\nfollowing terms shall have the following meanings:\n 1. "Food service establishment" means any place where food is prepared\nand intended for individual portion service, and includes the site at\nwhich individual portions are provided, whether consumption occurs on or\noff the premises, or whether or not there is a charge for the food.\n 2. "Retail food store" means any establishment or section of an\nestablishment where food and food products are offered to the consumer\nand intended for off-premises consumption. The term does not include\nestablishments which handle only pre-packaged, non-potentially hazardous\nfoods, roadside markets that offer only fresh fruits and fresh\nvegetables for sale, food service establishments, or food and beverage\nvending machines.\n 3. "Zone" means an administratively determined geographic portion of\nthe state to which inspectors are assigned by the department.\n 4. "Food warehouse" shall mean any food establishment in which food is\nheld for commercial distribution.\n * NB Effective February 13, 2026\n