§ 1352 — Food places; sanitary requirements

New York § 1352

• Jurisdiction: New York
• Law PBH: Public Health
• Title 8: Food Handling
• Art. 13: Nuisances and Sanitation

Text

§ 1352. Food places; sanitary requirements. 1. A person or corporation\nengaged in the preparation and sale of food in any hotel, public\nrestaurant, public dining room, dining car, drug store, soda fountain,\nsteamboat or in any other place where food is prepared, sold or served\nfor and to the general public in this state, or an officer of any\npublic, penal or charitable institution in this state, shall not use in\nthe preparation or service of any food utensils, dishes, glasses or\nother containers which have not been previously cleansed and made\nsanitary. In such cleansing the use of water which has become unsanitary\nby previous use is prohibited.\n 2. It shall be unlawful to furnish or serve in any public eating or\ndrinking establishment, any straw, tube or similar device for drinking\nout of glasses, cups or containers of any type unless such straw, tube\nor similar device conforms to and is furnished or served in accordance\nwith the following requirements: When offered for use, it shall be\ncompletely enclosed in an impervious or a bactericidal wrapper to be\nopened by the ultimate user; if unwrapped it may be used if it is kept\nin an approved sanitary dispenser loaded from the original package\nwithout handling, which dispenses one such straw, tube or device at a\ntime directly to the user and which is so constructed that the interior\nmay be cleaned and kept in a sanitary condition; unused loose straws,\ntubes or devices already dispensed from the dispensing container shall\nnot be used again. No single-service paper containers, paper cups, paper\nspoons, paper forks or paper plates shall be used a second time.\n 3. The commissioner shall require in food service establishments, as\ndefined in the state sanitary code, for foods to be conveyed to the\nconsumer uncooked and for foods handled after being cooked but prior to\nbeing conveyed to the consumer, that such food not come into direct\nmanual contact with persons responsible for preparing or serving the\nfood. Sanitary gloves, sanitary utensils or other effective barriers\nshall be utilized to avoid manual contact in the preparation and\nconveyance of these foods to the consumer. In preparing regulations\npursuant to this subdivision, the commissioner may provide for an\nalternate standard that would permit minimal manual contact based upon\nfinding that such alternate standard would protect worker safety and not\ncompromise consumer health. In preparing regulations the commissioner\nshall consult with representatives of the food service industry,\nincluding workers in the industry.\n 4. To the extent that funds are available for the purposes set forth\nin this subdivision, the commissioner shall require that the following\nfood service establishments: restaurants, bars, membership\norganizations, fraternal organizations, and private clubs, excepting\nestablishments licensed pursuant to section sixty-four-a of the\nalcoholic beverage control law, that are not regulated by the department\nof agriculture and markets, at all times have in their employment at\nleast one individual who has been trained and certified by an\norganization, approved by the commissioner, which specializes in and\nprovides instruction concerning the safe and proper handling,\npreparation, cooking, storage, serving, delivery, removal and disposal\nof food. Attendance at any course established pursuant to this section\nshall be in person, through distance learning methods, or through an\nInternet based online program. Such training shall meet the standards\nset forth by the commissioner pursuant to section thirteen hundred\nfifty-five of this title, either: (a) pursuant to a program approved by\nthe commissioner under such section, or (b) pursuant to a course that\nshall address but not be limited to the following topics:\n (i) Contamination, food allergies and foodborne illness.\n (ii) Purchasing and receiving safe food.\n (iii) Keeping food safe in storage.\n (iv) Protecting food during preparation.\n (v) Protecting food during service.\n (vi) Sanitary facilities and equipment.\n (vii) Cleaning and sanitizing.\n (viii) Integrated pest management.\n (ix) Food-safety regulations and standards.\n (x) Employee food-safety training.\n The commissioner shall allow a licensee a period of up to thirty days\nto come into compliance with this subdivision where an employee who has\nbeen certified as having completed the approved food safety training\nprogram separates from his or her place of employment.\n