New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 14 - Food Service Establishments › Subpart 14-4 - Mobile Food Service Establishments And Pushcarts › Enforcement › Section 14-4.190 - Permits; application, issuance, inspection

Current through Register Vol. 46, No. 28, July 10, 2024
(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 frozen desserts the $25 permit fee imposed by Public Health
					 Law, section
					 225(5)(s) shall be paid at
					 the time any other permit fees related to the operation of the food service
					 establishment are collected by the permit-issuing official and the
					 establishment's permit shall indicate that the facility can manufacture and
					 sell retail frozen desserts.
(b)
					 The term permit-issuing official means the health commissioner or health
					 officer of a city of 50,000 population or over, the health commissioner or
					 health officer of a county or part-county health district, the State regional
					 health director or area director having jurisdiction, a grade I or grade II
					 public health administrator qualified and appointed pursuant to Part 11 of this
					 Title, a public health director or any county health director having all the
					 powers and duties prescribed in section 352  of the Public Health Law. The health
					 commissioner or health officer of a city of 50,000 population or over, or the
					 health commissioner or health officer of a county or part-county health
					 district, or such grade I or grade II public health administrator or public
					 health director or county health director may designate the director of
					 environmental health of such district; and the State regional health director,
					 or area director may designate the district director as additional persons
					 authorized to issue the permits required by this Subpart.
(c) Not less than 21 days before starting
					 operation, an application for a permit is to be submitted to the permit-issuing
					 official having jurisdiction. This application is to be completed in full on
					 forms acceptable to the permit-issuing official. This application is to include
					 a complete list of all food which will be served. The permit, when issued, will
					 be valid only for service of the items of food listed thereon.
(d) A permit will be issued subject to the
					 mobile food service establishment or pushcart being constructed, maintained and
					 operated in compliance with this Subpart and not presenting a danger to the
					 health of the consumer or to the public. An applicant's past history of
					 compliance or noncompliance will be a consideration in evaluating each of the
					 previously mentioned criteria. The condition of the mobile food service
					 establishment or pushcart, its equipment, utensils, personnel, mode of
					 operation, surroundings, water supply, sewage disposal, waste handling,
					 furnishings, food and appurtenances are all factors in determining whether its
					 continued operation may affect public health. After reviewing the application
					 and, in the case of a mobile food service establishment making a preliminary
					 inspection, a permit may be issued or the operator advised of reasons
					 prohibiting issuance of such a permit by the permit-issuing official.
(e) It is unlawful for a mobile food service
					 establishment or pushcart to operate without a permit during the 21 days from
					 the time a permit has been requested. In the event the permit-issuing official
					 or his designated representative does not make an inspection of the mobile food
					 service establishment or pushcart during this 21-day period, operations may
					 commence without a permit on the 22nd day and may be continued without being in
					 violation of this Subpart until such time as the permit-issuing official or his
					 designated representative makes an inspection and issues a permit or issues an
					 order to cease operation for cause.
(f) The designated representative of the
					 permit-issuing official is a person authorized to perform inspections of mobile
					 food service establishments or pushcarts on behalf of the permit-issuing
					 official. Persons authorized to make inspections are to complete required
					 inspection report forms and to take mandated enforcement actions required by
					 this Subpart.