reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 271 - Retail Food Store Sanitation Regulations › Subpart 271-7 - Construction and Maintenance of Physical Facilities › Section 271-7.14 - Lighting-general

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Permanently
					 fixed artificial light sources shall be installed to provide at least 20-foot
					 candles (215 lux) of light on all food preparation surfaces and at warewashing
					 work levels.
(b) Permanently fixed
					 artificial light sources shall be installed to provide, at a distance of 30
					 inches from the floor:
(1) at least 20-foot
					 candles (215 lux) of light in sales areas, utensils and equipment storage
					 areas, and in handwashing and toilet areas; and
(2) at least 10-foot candles (108 lux) of
					 light in walk-in refrigeration units, dry food storage areas and in all other
					 areas.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 271 - Retail Food Store Sanitation Regulations › Subpart 271-7 - Construction and Maintenance of Physical Facilities › Section 271-7.15 - Protective shielding from lighting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Lamps located over or within exposed food
					 storage, food preparation and food display facilities, and facilities where
					 utensils and equipment are cleaned and stored shall be shielded, coated or
					 otherwise shatter resistant.
(b)
					 Infrared or other heat lamps shall be protected against breakage by a shield
					 surrounding and extending beyond the bulb, leaving only the face of the bulb
					 exposed.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 271 - Retail Food Store Sanitation Regulations › Subpart 271-7 - Construction and Maintenance of Physical Facilities › Section 271-7.16 - Ventilation-general

Current through Register Vol. 46, No. 28, July 10, 2024
All rooms shall have sufficient ventilation to keep them
						free of excessive heat, steam, condensation, vapors, obnoxious odors, smoke and
						fumes. Ventilation systems shall be installed and operated according to law
						and, when vented to the outside, shall not create a harmful or unlawful
						discharge. Intake and exhaust air ducts shall be maintained to prevent the
						entrance of dust, dirt and other contaminating materials.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 271 - Retail Food Store Sanitation Regulations › Subpart 271-7 - Construction and Maintenance of Physical Facilities › Section 271-7.17 - Dressing rooms and areas

Current through Register Vol. 46, No. 28, July 10, 2024
If employees routinely change clothes within the
						establishment, rooms or areas shall be designated and used for that purpose.
						These designated rooms or areas shall not be used for food preparation, food
						storage, food display, warewashing or storage of utensils and
						equipment.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 271 - Retail Food Store Sanitation Regulations › Subpart 271-7 - Construction and Maintenance of Physical Facilities › Section 271-7.18 - Locker areas

Current through Register Vol. 46, No. 28, July 10, 2024
Lockers or other suitable facilities shall be provided
						and used for the orderly storage of employee clothing and other belongings.
						Lockers or other suitable facilities may only be located in the designated
						dressing rooms or areas, or in food storage rooms or areas containing only
						completely packaged food or packaged single-service articles.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 271 - Retail Food Store Sanitation Regulations › Subpart 271-7 - Construction and Maintenance of Physical Facilities › Section 271-7.19 - Poisonous or toxic materials

Current through Register Vol. 46, No. 28, July 10, 2024
Only those poisonous or toxic materials necessary and
						intended for the maintenance of the establishment, including the cleaning and
						sanitization of equipment and utensils and the control of insects and rodents,
						shall be present in retail food stores, except those items being stored or
						displayed for retail sale as described in section
						271-7.23 
						of this Subpart.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 271 - Retail Food Store Sanitation Regulations › Subpart 271-7 - Construction and Maintenance of Physical Facilities › Section 271-7.20 - Labeling of poisonous or toxic materials

Current through Register Vol. 46, No. 28, July 10, 2024
Containers of poisonous or toxic materials necessary for
						operational maintenance of the establishment shall be prominently and
						distinctly labeled. Small working containers of bulk cleaning agents shall be
						individually labeled for easy identification of contents.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 271 - Retail Food Store Sanitation Regulations › Subpart 271-7 - Construction and Maintenance of Physical Facilities › Section 271-7.21 - Storage of poisonous toxic materials

Current through Register Vol. 46, No. 28, July 10, 2024
Poisonous or toxic materials necessary for the
						maintenance of the establishment consist of the following two
						categories:
(a) insecticides and
					 rodenticides; and
(b) detergents,
					 sanitizers, related cleaning or drying agents, and caustics, acids, polishes
					 and other chemicals.
Materials in each of these two categories shall be stored
						and located to be physically separated from each other; shall be stored in
						cabinets or in similar physically separated compartments or facilities used for
						no other purpose; and, to preclude potential contamination, shall not be stored
						above or intermingled with food, food equipment, utensils or single-service
						articles, except that this latter requirement does not prohibit the convenient
						availability of detergent sanitizers or sanitizers at warewashing
						facilities.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 271 - Retail Food Store Sanitation Regulations › Subpart 271-7 - Construction and Maintenance of Physical Facilities › Section 271-7.22 - Use of poisonous or toxic materials

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Sanitizers, cleaning compounds or other
					 compounds intended for use on food-contact surfaces shall not be used in a way
					 that leaves a toxic residue on such surfaces, nor in a way that constitutes a
					 hazard to employees or other persons.
(b) Poisonous or toxic materials shall not be
					 used in a way that contaminates food, equipment or utensils, nor in a way other
					 than in full compliance with the manufacturer's labeling. The application or
					 use of pesticides shall be in compliance with Department of Environmental
					 Conservation regulations.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 271 - Retail Food Store Sanitation Regulations › Subpart 271-7 - Construction and Maintenance of Physical Facilities › Section 271-7.23 - Storage and display of materials for retail sale

Current through Register Vol. 46, No. 28, July 10, 2024
Poisonous or toxic materials stored or displayed for
						retail sale shall be separated from food and single-service articles by
						spacing, partitioning or dividers. These materials shall not be stored or
						displayed above food or single-service articles.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 271 - Retail Food Store Sanitation Regulations › Subpart 271-7 - Construction and Maintenance of Physical Facilities › Section 271-7.24 - First-aid supplies and personal medications

Current through Register Vol. 46, No. 28, July 10, 2024
Retail food store employee first-aid supplies and
						personal medications shall be stored in a way that prevents them from
						contaminating food and food-contact surfaces.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 271 - Retail Food Store Sanitation Regulations › Subpart 271-7 - Construction and Maintenance of Physical Facilities › Section 271-7.25 - Premises-general

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Retail food
					 stores and all parts of the property used in connection with operations of the
					 establishment shall be reasonably free of litter and articles not essential to
					 the operation or maintenance of the establishment.
(b) The walking and driving surfaces of all
					 exterior areas of retail food stores shall be surfaced with concrete, asphalt
					 or with gravel or similar material effectively treated to facilitate
					 maintenance and minimize dust. These surfaces shall be graded to facilitate
					 drainage.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 271 - Retail Food Store Sanitation Regulations › Subpart 271-7 - Construction and Maintenance of Physical Facilities › Section 271-7.26 - Living areas

Current through Register Vol. 46, No. 28, July 10, 2024
No operation of a retail food store shall be conducted in
						any room used as living or sleeping quarters. Retail food store operations
						shall be separated from any living or sleeping quarters by complete
						partitioning and solid, self-closing doors.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 271 - Retail Food Store Sanitation Regulations › Subpart 271-7 - Construction and Maintenance of Physical Facilities › Section 271-7.27 - Laundry facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If
					 provided, laundry facilities in a retail food store shall be restricted to the
					 washing and drying of linens and work clothes used in the operation. If such
					 items are laundered on the premises, an electric or gas dryer shall be provided
					 and used.
(b) Separate rooms shall
					 be provided for laundry facilities, except that such operations may be
					 conducted in storage rooms containing only packaged foods or packaged
					 single-service articles.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 271 - Retail Food Store Sanitation Regulations › Subpart 271-7 - Construction and Maintenance of Physical Facilities › Section 271-7.28 - Storage of linens and work clothes

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Clean work clothes and linens, including
					 articles such as wiping cloths, shall be stored in a clean place and protected
					 from contamination until used.
(b)
					 Soiled work clothes and linens, including articles such as wiping cloths, shall
					 be kept in nonabsorbent containers or washable laundry bags until removed for
					 laundering and shall be stored to prevent contamination of food, food equipment
					 and utensils.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 271 - Retail Food Store Sanitation Regulations › Subpart 271-7 - Construction and Maintenance of Physical Facilities › Section 271-7.29 - Cleaning equipment and storage

Current through Register Vol. 46, No. 28, July 10, 2024
Maintenance and cleaning tools such as brooms, mops,
						vacuum cleaners and similar equipment shall be maintained in good repair and
						stored in a way that does not contaminate food, utensils, equipment or linens,
						and shall be stored in an orderly manner to facilitate the cleaning of that
						storage location.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 271 - Retail Food Store Sanitation Regulations › Subpart 271-7 - Construction and Maintenance of Physical Facilities › Section 271-7.30 - Animals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Live animals
					 shall be excluded from within the retail food store operational areas and from
					 immediately adjacent areas inside the store. This exclusion does not apply to
					 edible fish, crustacea, shellfish or fish in aquariums. Live or dead fish bait
					 shall be stored separately from food or food products. Patrol dogs accompanying
					 security or police officers shall be permitted in offices, storage areas and
					 outside store premises. Sentry dogs may be permitted to run loose in outside
					 fenced areas for security reasons. Guide dogs accompanying blind persons or
					 deaf persons shall be permitted in sales areas.
(b) While on duty, persons employed in the
					 food operational areas of an establishment shall not care for or handle any
					 pets or patrol/sentry dogs.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 271 - Retail Food Store Sanitation Regulations › Subpart 271-8 - Food Display and Service at Salad Bars › Section 271-8.2 - Display equipment

Current through Register Vol. 46, No. 28, July 10, 2024
Food on display shall be protected from consumer
						contamination by the use of packaging or by the use of easily cleanable
						counter, serving line or salad bar protector devices, display cases or by other
						effective means. Enough hot or cold food facilities shall be available to
						maintain the required temperature of potentially hazardous food on
						display.
(a) Food shields or sneeze
					 quards must be of the canopy type and must completely cover the
					 display/dispensing unit from above. Such shields shall be mounted so as to
					 intercept a direct line between the customer's mouth and the food display area
					 at the customer use position. Self-service soup displays shall be exempt from
					 this requirement, provided the soup is displayed in a lidded
					 container.
(b) Width of the salad
					 bar unit should be restricted to limit reaching over food product. Food
					 containers shall be no more than three deep from any serving access
					 side.
(c) Display units containing
					 potentially hazardous foods requiring refrigeration must be maintained so that
					 all parts of such food are at a temperature of 41°F (5°C) or less. In
					 the case of existing refrigeration equipment that is not capable of maintaining
					 the food at 41°F (5°C) or less, potentially hazardous food shall be
					 kept at a temperature between 45°F (7°C) and 41°F (5°C) in
					 accordance with section
					 271-2.7  of this
					 Part.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 271 - Retail Food Store Sanitation Regulations › Subpart 271-8 - Food Display and Service at Salad Bars › Section 271-8.3 - Dispensing utensils

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To
					 avoid unnecessary manual contact with food, suitable dispensing utensils shall
					 be used by employees or provided to customers who serve themselves. Between
					 uses during service, dispensing utensils shall be:
(1) stored in the food with the dispensing
					 utensil handle extended out of the food;
(2) stored clean and dry;
(3) stored in running water; or
(4) stored either in a running water dipper
					 well, or clean and dry in the case of dispensing utensils and malt collars used
					 in preparing frozen desserts.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 271 - Retail Food Store Sanitation Regulations › Subpart 271-8 - Food Display and Service at Salad Bars › Section 271-8.4 - Cleaning and sanitizing frequency

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Tongs, ladles, other utensils and product
					 modules shall be cleaned and sanitized before being restocked with food
					 product. If contamination is observed or suspected, food-contact surfaces shall
					 be cleaned and sanitized immediately.
(b) While the salad bar is in operation, the
					 floor area around it must be maintained in a clean condition using dustless
					 methods. The food display/dispensing unit and attached/associated equipment
					 must be maintained clean. Routine cleaning shall be conducted daily prior to
					 stocking the unit. Spot cleaning shall be conducted as necessary.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 271 - Retail Food Store Sanitation Regulations › Subpart 271-8 - Food Display and Service at Salad Bars › Section 271-8.5 - Customer information

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 The addition of sulfiting agents to food by a retailer is prohibited.
(b) When foods which have been treated with
					 sulfiting agents by a manufacturer or grower are being offered for sale at
					 retail, the customers must be notified by conspicuous, easily readable labels,
					 signs, placards or menu statements at the display location.
(c) Customers shall be provided with
					 information on the correct (sanitary) use of the salad bar.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 271 - Retail Food Store Sanitation Regulations › Subpart 271-8 - Food Display and Service at Salad Bars › Section 271-8.6 - Supervision

Current through Register Vol. 46, No. 28, July 10, 2024
Each salad bar operation must have at least one person as
						signed to oversee its overall maintenance and operation in accordance with the
						provisions of this Subpart 271-8. This person shall be available in the area of
						the salad bar display unit.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 271 - Retail Food Store Sanitation Regulations › Subpart 271-9 - Compliance and Enforcement › Section 271-9.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
When the commissioner has reasonable cause to suspect
						possible disease transmitted by food from any retail food store employee, he
						may secure a morbidity history of the suspected employee, or make any other
						investigation as indicated and shall take appropriate action after consultation
						with the Commissioner of Health. The commissioner may require any or all of the
						following measures:
(a) the immediate
					 exclusion of the employee from employment in retail food stores;
(b) the immediate closing of the retail food
					 store concerned until, in his opinion, no further danger of disease outbreak
					 exists;
(c) restriction of the
					 employee's services to some area of the establishment where there could be no
					 danger of transmitting disease; and
(d) adequate medical laboratory examination
					 of the employee, of other employees, and of the body discharges of such
					 employee.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 271 - Retail Food Store Sanitation Regulations › Subpart 271-9 - Compliance and Enforcement › Section 271-9.2 - Modifications and waivers

Current through Register Vol. 46, No. 28, July 10, 2024
The department may grant a variance by modifying or
						waiving the requirements of this Part if in the opinion of the department a
						health hazard or nuisance will not result from the variance. If a variance is
						granted, the department shall retain the information specified under section
						271-9.3 
						of this Subpart in its records for the food establishment.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 271 - Retail Food Store Sanitation Regulations › Subpart 271-9 - Compliance and Enforcement › Section 271-9.3 - Documentation of proposed variance and justification

Current through Register Vol. 46, No. 28, July 10, 2024
Before a variance from a requirement of this Part is
						approved, the information that shall be provided by the person requesting the
						variance and retained in the department's file on the food establishment
						includes:
(a) a statement of the
					 proposed variance of this Part requirement citing relevant section
					 numbers;
(b) an analysis of the
					 rationale for how the potential public health hazards and insanitary conditions
					 addressed by the relevant sections will be alternatively addressed by the
					 proposal; and
(c) a HACCP plan if
					 required as specified under section
					 271-2.23
					 or
					 271-2.24 
					 of this Part that includes the information specified under section
					 271-9.6 
					 of this Subpart as it is relevant to the variance requested.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 271 - Retail Food Store Sanitation Regulations › Subpart 271-9 - Compliance and Enforcement › Section 271-9.4 - Conformance with approved procedures

Current through Register Vol. 46, No. 28, July 10, 2024
If the department grants a variance from any requirements
						of this Part. or a HACCP plan is otherwise required as specified under section
						271-9.5 
						of this Subpart. the establishment operator shall:
(a) Comply with the HACCP plans and
					 procedures that are submitted as specified under section
					 271-9.6 
					 of this Subpart and approved as a basis for the modification or waiver;
					 and
(b) Maintain and provide to the
					 Department, upon request, records specified under section
					 271-9.6(d) and
					 (e)  of this Subpart that demonstrate that the
					 following are routinely employed:
(1)
					 procedures for monitoring critical control points;
(2) monitoring of the critical control
					 points;
(3) verification of the
					 effectiveness of an operation or process; and
(4) necessary corrective actions if there is
					 failure at a critical control point.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 271 - Retail Food Store Sanitation Regulations › Subpart 271-9 - Compliance and Enforcement › Section 271-9.5 - When a HACCP plan is required

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Before engaging in an activity that
					 requires a HACCP plan. an establishment operator shall submit to the
					 department, for review, a properly prepared HACCP plan as specified under
					 section
					 271-9.6 
					 of this Subpart and the relevant provisions of this Part if:
(1) submission of a HACCP plan is required
					 according to law;
(2) a variance is
					 required as specified under sections
					 271-2.23
					 and
					 271-2.24 
					 of this Part; or
(3) the department
					 determines that a food preparation or processing method requires a variance
					 based on a plan submittal or an inspectional finding.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 271 - Retail Food Store Sanitation Regulations › Subpart 271-9 - Compliance and Enforcement › Section 271-9.6 - Contents of a HACCP plan

Current through Register Vol. 46, No. 28, July 10, 2024
For a food establishment that is required under section
						271-9.5 
						of this Subpart to have a HACCP Plan, the plan and specifications shall
						indicate:
(a) a categorization of the
					 types of potentially hazardous foods or other foods that are specified by the
					 department;
(b) a flow diagram by
					 specific food or category type identifying critical control points and
					 providing information on the following:
(1)
					 ingredients, materials and equipment used in the preparation of that food;
					 and
(2) formulations or recipes
					 that delineate methods and procedural control measures that address the food
					 safety concerns involved;
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 272 - Retail Food Sales › Subpart 272-1 - Meat for Sale at Retail › Section 272-1.2 - Labeling and advertising requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as otherwise exempted in this
					 Part, no person shall produce, prepare, package, advertise, sell or offer for
					 sale at retail any meat unless it is clearly and conspicuously labeled or
					 advertised, as the case may be, as to its true name.
(b) This section shall not require the
					 labeling of meat cut to the order of the retail customer.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 272 - Retail Food Sales › Subpart 272-1 - Meat for Sale at Retail › Section 272-1.3 - Exemption for certain meats

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of subdivision (a) of section
						272-1.2 
						of this Subpart shall not apply to bacon, filet mignon, ground beef, ground
						veal, ground lamb, ground pork, hamburger, porterhouse steak, sirloin steak,
						stew beef, t-bone steak, beef tenderloin, pork tenderloin or veal cutlet;
						provided, in the case of any one of these meats, it is clearly and
						conspicuously labeled or advertised as to its name set forth in this
						section.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 272 - Retail Food Sales › Subpart 272-1 - Meat for Sale at Retail › Section 272-1.4 - Exemptions for meat inspected under United States Department of Agriculture

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provisions
					 of this Part shall not apply to meat which is produced, prepared or packaged
					 for sale at retail within the State of New York under meat inspection of the
					 United States Department of Agriculture until after such meat leaves the
					 premises of a United States Department of Agriculture official establishment
					 for distribution.
(b) The
					 provisions of this Part shall not apply to meat which is produced, prepared or
					 packaged under meat inspection of the United States Department of Agriculture
					 for sale at retail outside the State of New York.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 272 - Retail Food Sales › Subpart 272-1 - Meat for Sale at Retail › Section 272-1.5 - Name in addition to the species and primal cut

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A name in addition to the species and
					 primal cut of a meat as set forth in subdivision (w) of section
					 272-1.1  of this
					 Subpart, for example, pot roast, oven roast or steak for swissing, may be used
					 in labeling or advertising such meat, provided the requirements of this Subpart
					 are complied with and provided such name appropriately describes the cut of
					 meat to which it refers or the use to which such cut is put or its method of
					 cooking preparation.
(b) Such name
					 shall not be false, misleading, deceptive or confusing in any way. Fanciful
					 names, such as "His and Her Steak," "Chicken Steak," "California Roast" and
					 similar terms shall not be used.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 272 - Retail Food Sales › Subpart 272-1 - Meat for Sale at Retail › Section 272-1.6 - Labeling when additional name used

Current through Register Vol. 46, No. 28, July 10, 2024
If a name in addition to the species and primal cut as
						set forth in section
						272-1.1(w) 
						of this Subpart is used in labeling meat, the species and primal cut of the
						meat shall appear contiguous to the additional name in at least the same size
						and style lettering and on the same background as the additional name, for
						example.
SANDWICH STEAK BEEF ROUND
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 272 - Retail Food Sales › Subpart 272-1 - Meat for Sale at Retail › Section 272-1.7 - Advertising when additional name used

Current through Register Vol. 46, No. 28, July 10, 2024
If a name in addition to the species and primal cut as
						set forth in section
						272-1.5 
						of this Subpart is used in advertising meat, the species and primal cut of the
						meat shall be prominently displayed contiguous to the additional name and be
						shown in the same style lettering and on the same background as the additional
						name and meet the following requirements as to size:
(a) If the additional name is one inch or
					 more in height, the species and primal cut shall be at least one fourth the
					 size of the additional name in height.
(b) If the additional name is less than one
					 inch in height, the species and primal cut shall be at least one third the size
					 of the additional name in height.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 272 - Retail Food Sales › Subpart 272-1 - Meat for Sale at Retail › Section 272-1.8 - Use of United States Department of Agriculture grading terms

Current through Register Vol. 46, No. 28, July 10, 2024
United States Department of Agriculture grading terms,
						for example, "prime," "choice," etc., shall not be used in labeling or
						advertising meat unless the carcass or part thereof from which such meat is
						derived has been so marked by the United States Department of
						Agriculture.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 272 - Retail Food Sales › Subpart 272-1 - Meat for Sale at Retail › Section 272-1.9 - Use of United States Department of Agriculture grading terms for pork

Current through Register Vol. 46, No. 28, July 10, 2024
United States Department of Agriculture grading terms,
						for example, "prime," "choice," etc., shall not be used in labeling or
						advertising pork.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 272 - Retail Food Sales › Subpart 272-1 - Meat for Sale at Retail › Section 272-1.10 - Labeling or advertising when certain United States Department of Agriculture grading terms used

Current through Register Vol. 46, No. 28, July 10, 2024
If meat is advertised, sold or offered for sale at retail
						and the carcass or part thereof from which such meat is derived has been marked
						with a United States Department of Agriculture grade other than "prime" or
						"choice," the grading term or recognized abbreviation thereof of such meat
						shall appear contiguous to the true name of such meat and be at least as equal
						in size to and as prominent as the true name, for example:
BEEF ROUND U.S. COMM'L.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 272 - Retail Food Sales › Subpart 272-1 - Meat for Sale at Retail › Section 272-1.11 - Labeling of certain meat food products

Current through Register Vol. 46, No. 28, July 10, 2024
Any meat food product as defined in section 96-g  of the Agriculture and Markets Law in
						the form of chopped and shaped steaks, patties, loaves, loaf mixes, etc. which
						is uncooked and contains fat, extenders and/or added water, flavorings, batter,
						breading, etc., shall display a label clearly and conspicuously exhibiting the
						product name, qualifying statement, if appropriate, and ingredient
						statement.
(a) The ingredients in such
					 meat food product shall be listed by their common or usual names in the
					 descending order of the amount of each ingredient used in formulating the
					 product, together with the percentage of each such ingredient contained
					 therein, for example:
"BEEF PATTY, Beef fat and cereal added"
Ingredients: Beef 77%, Beef fat added 8%, Cereal 7%,
						Added Water 6%, Flavoring 1%, Monosodium Glutamate 1%. Total fat not in excess
						of 30%.
"BREADED VEAL STEAK, Beef fat added, chopped and shaped"
						Veal 61%, Breading and Batter not in excess of 30% (Flour, Water, Salt, Nonfat
						Dry Milk, Baking Powder, Dry Eggs, Monosodium Glutamate, Dextrose, Flavorings),
						Beef fat added 8%, Monosodium Glutamate 1%. Total fat not in excess of
						30%.
(b) Any meat food
					 product to which this section is applicable shall not contain more than 30
					 percent fat and the label for such product shall so indicate.
(c) The amount of batter and breading used as
					 a coating for breaded product shall not exceed 30 percent of the weight of the
					 finished breaded product and the label for such product shall so
					 indicate.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 272 - Retail Food Sales › Subpart 272-1 - Meat for Sale at Retail › Section 272-1.12 - Qualifying statements

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever a qualifying statement such as "Water added" of
						"Chopped, shaped and frozen," etc., is required in the labeling of a meat or
						meat food product by Title 1 of the
Official Compilation of Codes,
						Rules and Regulations of the State of New York,
then such qualifying
						statement shall be used in labeling or advertising such meat or meat food
						product for sale at retail and shall be prominent, contiguous to and in the
						same style and same color lettering and on the same background as the name of
						the meat or meat food product.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 272 - Retail Food Sales › Subpart 272-1 - Meat for Sale at Retail › Section 272-1.13 - Fabricated steak

Current through Register Vol. 46, No. 28, July 10, 2024
Fabricated beef steaks, veal steaks, beef and veal
						steaks, or veal and beef steaks, and similar products, such as those labeled
						"Beef Steak, Chopped, Shaped, Frozen," "Veal Steaks, Beef Added,
						Chopped-Molded-Cubed-Frozen, Hydrolized Plant Protein, and Flavoring," shall be
						prepared by comminuting and forming the product from fresh and/or frozen meat,
						with or without added fat, of the species indicated on the label. Such products
						shall not contain more than 30 percent fat and shall not contain added water,
						binders or extenders.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 272 - Retail Food Sales › Subpart 272-1 - Meat for Sale at Retail › Section 272-1.14 - Supply of meat advertised

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall advertise meat for sale at retail unless
						such person shall have available at all outlets listed in the advertisement a
						sufficient quantity of the advertised meat to meet reasonably anticipated
						demands, unless the advertisement clearly and adequately discloses that supply
						is limited and/or the product is available only at designated
						outlets.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 272 - Retail Food Sales › Subpart 272-1 - Meat for Sale at Retail › Section 272-1.15 - Frozen meat

Current through Register Vol. 46, No. 28, July 10, 2024
All meat other than that which is used in hamburger,
						ground beef, ground pork, ground veal or ground lamb which has been frozen at
						any time prior to such meat being offered or exposed for sale at retail shall
						be clearly and conspicuously labeled or advertised as "Frozen" or "Frozen and
						thawed," whichever is appropriate, and such term shall be contiguous to and in
						the same size and style lettering and on the same background as the product
						name.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 272 - Retail Food Sales › Subpart 272-1 - Meat for Sale at Retail › Section 272-1.16 - Meat charts

Current through Register Vol. 46, No. 28, July 10, 2024
The meat charts referred to in this Part are as
						follows:
(a)
Chart 1; Beef
					 carcass:
Click
						to view image
(b)
Chart 2; Veal carcass:
Click
						to view image
(c)
Chart 3; Lamb carcass:
Click
						to view image
(d)
Chart 4; Pork carcass:
Click
						to view image
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 272 - Retail Food Sales › Subpart 272-2 - Advertising and Marketing of Food for Sale at Retail › Section 272-2.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in relation to food and food products sold or
						offered for sale at retail and as used in this Part:
(a)
Sale at retail
means a
					 transaction wherein a person sells or offers for sale food or food products to
					 the consumer, whether at the place of business of such person or whether such
					 sale is consummated by mail, by telephone or in writing at a place other than
					 at the place of business. Places of business carrying on the aforesaid
					 transaction include supermarkets, grocery stores, butcher shops, food freezer
					 dealers, food plan companies and other retail foodstores.
(b)
Food
and
food
					 product
mean all articles of food, drink confectionery or condiment,
					 whether simple, mixed or compound, used or intended for use by men or animals,
					 and shall also include all substances or ingredients to be added to food for
					 any purpose.
(c)
Advertisement
or
advertising
means all
					 representations disseminated in any manner or by any means, other than by
					 labeling, for the purpose of inducing, or which are likely to induce, directly
					 or indirectly, the purchase of a food or food product.
(d)
Commissioner
means the
					 Commissioner of Agriculture and Markets.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 272 - Retail Food Sales › Subpart 272-2 - Advertising and Marketing of Food for Sale at Retail › Section 272-2.2 - Availability of advertised items

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall offer for sale at retail any food or food
						product at a stated price by means of any advertisement disseminated in a area
						served by any of his stores or places of business which are covered by the
						advertisement which do not have such products in stock, and readily available
						for sale to customers during the effective period of the advertisement, unless
						there is a clear and conspicuous disclosure in all such advertisements as to
						all exceptions and/or limitations or restrictions with respect to stores or
						places of business, products or prices otherwise included within the
						advertisements.
(a) If an advertised
					 item is not readily available, clear and adequate notice shall be provided that
					 the item is in stock and may be obtained upon request.
(b) It shall constitute a defense to a charge
					 under this section if the retailer maintains records sufficient to show that
					 the advertised products were ordered in adequate time for delivery and
					 delivered to the stores or places of business in quantities sufficient to meet
					 reasonably anticipated demands.
(c)
					 It shall also constitute a defense to a charge under this section if the
					 retailer establishes that advertised products were actually ordered in good
					 faith, in quantities sufficient to meet reasonably anticipated demands, but
					 were not delivered due to circumstances beyond the retailer's control and not
					 reasonably foreseeable by him. In determining whether the retailer acted in
					 good faith and with reasonable foresight, the commissioner shall consider all
					 circumstances surrounding the placement of the advertisement and the
					 nondelivery of the product. The availability of "rain checks" shall be
					 considered by the commissioner as a relevant factor, but the existence of a
					 "rain check" policy, in and of itself, shall not constitute compliance with
					 this section.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 272 - Retail Food Sales › Subpart 272-2 - Advertising and Marketing of Food for Sale at Retail › Section 272-2.3 - Mispricing of advertised items

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall offer for sale at retail
					 any food or food product at a stated price by means of any advertisement
					 disseminated in an area served by any of his stores or places of business which
					 are covered by the advertisement which do not have such products conspicuously
					 and readily available for sale to customers at or below the advertised prices,
					 unless there is a clear and conspicuous disclosure in all such advertisements
					 as to all exceptions and/or limitations or restrictions with respect to stores
					 or places of business, products or prices otherwise included within the
					 advertisements.
(b) In determining
					 whether this section will be applied, the commissioner shall consider all
					 circumstances surrounding failure to make advertised items conspicuously and
					 readily available for sale at or below the advertised prices but were not made
					 available at those prices due to circumstances beyond the advertiser's
					 control.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 272 - Retail Food Sales › Subpart 272-2 - Advertising and Marketing of Food for Sale at Retail › Section 272-2.4 - Disclaimers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General
					 disclaimers in advertising relating to product availability will not be
					 considered to be in compliance with the disclosure provisions of sections
					 272-2.2 
					 and/or 272-2.3 of this Subpart. Examples of such general disclaimers would be:
(1) "Not all items available at all
					 stores."
(2) A statement that a
					 particular item or group of items is "Available at most stores."
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 272 - Retail Food Sales › Subpart 272-3 - Sale of Small Quantities of Prepackaged Fresh Fruits and Vegetables › Section 272-3.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in relation to fresh fruits and vegetables being
						offered for sale at retail and as used in this Part:
(a)
Sale at retail
means a
					 transaction wherein a person sells or offers for sale fresh fruits or
					 vegetables to consumers at the place of business of such person. Places of
					 business carrying on the aforesaid transaction include supermarkets, grocery
					 stores and other retail foodstores.
(b)
Small quantities of fresh fruits
					 and vegetables
means amounts by count, weight or volume of whole
					 fruits or vegetables smaller than the amounts of such fruits or vegetables
					 being offered for sale at retail in prepackaged form.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VI - Food Control › Subchapter E - Retail Food Stores (Article 19 Agriculture and Markets Law) › Part 272 - Retail Food Sales › Subpart 272-3 - Sale of Small Quantities of Prepackaged Fresh Fruits and Vegetables › Section 272-3.2 - Availability of small quanitities of fresh fruits and vegetables

Current through Register Vol. 46, No. 28, July 10, 2024
When varieties or grades of fresh fruits or vegetables
						are not available in unpackaged form and the same are being offered for sale at
						retail in packaged form, upon customer request a package of fresh fruit or
						vegetables of the same variety and grade being offered shall be opened to
						provide any small quantity of fresh fruits or vegetables which the customer
						desires.