2023 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.