New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 14 - Food Service Establishments › Subpart 14-2 - Temporary Food Service Establishments › Section 14-2.17 - Enforcement provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is
				  unlawful for any temporary food service establishment to be operated without a
				  permit. Failure to obtain a permit is cause for immediate closure. Only an
				  individual, partnership, corporation, association or similar legal entity
				  complying with requirements of this Subpart, after making application on forms
				  provided by the permit-issuing official, is entitled to receive and retain such
				  a permit.
(b) The application for
				  permit is to be fully completed.
(c) The permit-issuing official or his
				  authorized representative may suspend a permit and order a temporary food
				  service establishment closed and all food operations discontinued immediately
				  when, in his judgment, continued operation is a danger to public health and it
				  appears prejudicial to the public interest to delay action. The permit-issuing
				  official may order immediate closure for deliberate refusal to correct a
				  violation. The permit-issuing official is to provide the operator of any
				  establishment ordered closed an opportunity for a hearing within 15 days of
				  such an action.
(d) The
				  permit-issuing official or his representative is to be permitted access for
				  purposes of inspection at all times while the temporary food service
				  establishment is in operation, whether open to the public for service of food
				  or not. Refusal of admittance is cause for permit revocation and order to
				  close.
(e) Embargo.
(1) The permit-issuing official or his
				  designated representative may, by written order, place an embargo order on food
				  which he determines or has reason to believe to be contaminated, unfit for
				  human consumption, or from an unapproved source. Such food may not be used,
				  sold, donated, discarded, repackaged or otherwise disposed of until such
				  embargo is lifted by the permit-issuing official, his designated
				  representative, or court of competent jurisdiction. The permit-issuing official
				  shall provide the owner of the food embargoed, or the representative of the
				  owner, an opportunity to be heard within 15 calendar days after the date of the
				  order of embargo. The hearing officer, based on the evidence produced at such
				  hearing, will make a recommendation to the permit-issuing official that he
				  vacate the order of embargo, or may, by written order, direct the embargoed
				  food, or any part of it, (i) to be continued to be held under embargo pending
				  further testing, analysis or court action, (ii) to be destroyed, (iii) to be
				  denatured and rendered inedible, (iv) to be released for return to a food
				  processing plant for further processing, (v) to be released to another
				  regulatory agency, or (vi) to other appropriate action. The permit-issuing
				  official will consider the hearing officer's recommendation in determining the
				  disposition of the embargoed food. The owner of the food embargoed shall be
				  deemed to have received notice of embargo and hearing at the time the notice of
				  embargo and hearing is delivered to any of his employees or agents.
(2) The permit-issuing official or his
				  designated representative may take representative samples of the suspected food
				  for analysis upon payment of the retail value of the sample taken.