NY Pub Health L § 1352 (2021)
2021 New York Laws PBH - Public Health Article 13 - Nuisances and Sanitation Title 8 - Food Handling 1352 - Food Places; Sanitary Requirements.

§ 1352. Food places; sanitary requirements. 1. A person or corporation engaged  in  the  preparation  and  sale  of  food  in any hotel, public restaurant, public dining room, dining car, drug store,  soda  fountain, steamboat  or  in any other place where food is prepared, sold or served for and to the general public in  this  state,  or  an  officer  of  any public,  penal or charitable institution in this state, shall not use in the preparation or service of any  food  utensils,  dishes,  glasses  or other  containers  which  have  not  been  previously  cleansed and made sanitary. In such cleansing the use of water which has become unsanitary by previous use is prohibited.   2. It shall be unlawful to furnish or serve in any  public  eating  or drinking  establishment,  any straw, tube or similar device for drinking out of glasses, cups or containers of any type unless such  straw,  tube or  similar  device conforms to and is furnished or served in accordance with the following requirements: When  offered  for  use,  it  shall  be completely  enclosed  in  an  impervious or a bactericidal wrapper to be opened by the ultimate user; if unwrapped it may be used if it  is  kept in  an  approved  sanitary  dispenser  loaded  from the original package without handling, which dispenses one such straw, tube or  device  at  a time  directly to the user and which is so constructed that the interior may be cleaned and kept in a sanitary condition;  unused  loose  straws, tubes  or  devices already dispensed from the dispensing container shall not be used again. No single-service paper containers, paper cups, paper spoons, paper forks or paper plates shall be used a second time.   3. The commissioner shall require in food service  establishments,  as defined  in  the  state  sanitary  code, for foods to be conveyed to the consumer uncooked and for foods handled after being cooked but prior  to being  conveyed  to  the  consumer,  that such food not come into direct manual contact with persons responsible for  preparing  or  serving  the food.  Sanitary  gloves,  sanitary  utensils or other effective barriers shall be utilized  to  avoid  manual  contact  in  the  preparation  and conveyance  of  these  foods  to  the consumer. In preparing regulations pursuant to this  subdivision,  the  commissioner  may  provide  for  an alternate  standard  that would permit minimal manual contact based upon finding that such alternate standard would protect worker safety and not compromise consumer health. In preparing  regulations  the  commissioner shall  consult  with  representatives  of  the  food  service  industry, including workers in the industry.   4. To the extent that funds are available for the purposes  set  forth in  this  subdivision, the commissioner shall require that the following food   service    establishments:    restaurants,    bars,    membership organizations,  fraternal  organizations,  and  private clubs, excepting establishments  licensed  pursuant  to  section  sixty-four-a   of   the alcoholic beverage control law, that are not regulated by the department of  agriculture  and  markets,  at all times have in their employment at least  one  individual  who  has  been  trained  and  certified  by   an organization,  approved  by  the  commissioner, which specializes in and provides  instruction  concerning  the   safe   and   proper   handling, preparation,  cooking,  storage, serving, delivery, removal and disposal of food. Attendance at any course established pursuant to  this  section shall  be  in  person,  through distance learning methods, or through an Internet based online program.  Such training shall meet  the  standards set  forth  by  the  commissioner  pursuant  to section thirteen hundred fifty-five of this title, either:  (a) pursuant to a program approved by the commissioner under such section, or (b) pursuant to  a  course  that shall address but not be limited to the following topics:  (i) Contamination, food allergies and foodborne illness.  (ii) Purchasing and receiving safe food.  (iii) Keeping food safe in storage.  (iv) Protecting food during preparation.  (v) Protecting food during service.  (vi) Sanitary facilities and equipment.  (vii) Cleaning and sanitizing.  (viii) Integrated pest management.  (ix) Food-safety regulations and standards.  (x) Employee food-safety training.   The  commissioner shall allow a licensee a period of up to thirty days to come into compliance with this subdivision where an employee who  has been  certified  as  having  completed the approved food safety training program separates from his or her place of employment.