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 271-2 - Food Supplies › Section 271-2.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
Food shall be in sound condition and safe for human
						consumption. Food shall be obtained from sources that comply with the
						applicable laws relating to food safety. Food prepared in a home that is
						subject to regulation under article 20-C of the Agriculture and Markets Law
						shall be subject to the current good manufacturing practices of Part 261 of
						this Title, unless exempted by said article 20-C. Unpackaged bulk food, except
						baked goods, service delicatessen items and self-service salad bar items,
						should be labeled with either:
(a) the
					 manufacturer's or processor's bulk container labeling plainly in view;
					 or
(b) a counter card, sign or
					 other appropriate device, bearing prominently and conspicuously the common name
					 of the product, a list of ingredients in proper order of predominance, and a
					 declaration of artificial color or flavor and chemical preservatives if
					 contained in the product (including specific color declaration as required in
					 title 21 of the
Code of Federal Regulations,
part 74, as
					 revised April 1, 2010, published by the Office of the Federal Register and
					 available from the Superintendent of Documents, U.S. Government Printing
					 Office, Washington, DC 20402).
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 271-2 - Food Supplies › Section 271-2.2 - Special requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Fluid milk and fluid milk products used or offered for sale shall comply with
					 the Grade A standards promulgated by the commissioner and set forth in Part 2
					 of this Title, and shall be maintained at a temperature of 45°F or less.
					 Dry milk and milk products used or offered for sale shall be made from
					 pasteurized milk and milk products. All cheese must be made from pasteurized
					 milk or aged for not less than 60 days at a temperature not less than 35°F
					 in accordance with article 4, section 67-b  of the Agriculture and Markets
					 Law.
(b)
(1) Fresh and frozen shucked shellfish
					 (oysters, clams or mussels) shall be received and/or repacked in clean,
					 sanitary packages identified with the packer's and/or repacker's name, permit
					 number prefixed with the initials of the state or foreign country that issued
					 the permit, the date such shellfish were packed and/or repacked, the common
					 name of the shellfish contained in the container, and the net weight or
					 numerical count or standard measure of the shellfish contained in the
					 container. The labels or containers may also include a shipper's or
					 distributor's name and/or address, prefixed with either "distributed by" or
					 "packed for." In such case, only the packer's permit number need be included on
					 such label.
(2) Each original
					 container of unshucked shellfish (oysters, clams or mussels) shall be
					 identified by an attached tag, to be retained for a period of 90 days from the
					 day such container is emptied, that states the name and address of the original
					 shellfish processor, the common name of the shellfish, and the net weight or
					 numerical count or standard measure of shellfish, and the permit number issued
					 by the state or foreign shellfish control agency, where applicable.
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 271-2 - Food Supplies › Section 271-2.3 - Food protection-general

Current through Register Vol. 46, No. 28, July 10, 2024
At all times, including while being stored, prepared,
						displayed, dispensed, packaged or transported, food shall be protected from
						cross-contamination between foods and from potential contamination by insects,
						insecticides, rodents, rodenticides, probe-type price or probe-type
						identification tags, unclean equipment and utensils, unnecessary handling,
						flooding, draining and overhead leakage or condensation, or other agents of
						public health significance. The temperature of potentially hazardous foods
						shall be 41°F (5°C) or less or 135°F (57°C) or greater, at all
						times, except as otherwise provided in this Part. Hermetically sealed packages
						shall be handled so as to maintain product and container integrity. Food items
						that are spoiled or that are in damaged containers that may affect the product
						and those food items that have been returned to, or are being detained by, the
						retail food store because of spoilage, container damage or other public health
						considerations, shall be segregated and held in designated areas pending proper
						disposition unless disposed of under the supervision of the
						department.
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 271-2 - Food Supplies › Section 271-2.4 - Emergency occurrences

Current through Register Vol. 46, No. 28, July 10, 2024
The person in charge of a retail food store that is
						affected by a fire, flood, extended power outage or a similar significant
						occurrence that creates a reasonable probability that food in the retail food
						store may have been contaminated or that the temperature level of food which is
						in a potentially hazardous form may have caused that food to become hazardous
						to health, shall take such action as is necessary to protect the public health
						and shall promptly notify the Department of Agriculture and Markets of the
						emergency.
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 271-2 - Food Supplies › Section 271-2.5 - Food storage-general

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Food packaged in an immediate closed
					 container, once the container is opened in the retail food store prior to use
					 or retail sale, shall be kept covered or otherwise protected from
					 contamination. Food, whether raw or prepared, if removed from the immediate
					 closed container in which it was originally packaged prior to use or retail
					 sale, shall be stored in a clean, covered container, except during necessary
					 periods of preparation. Whole and unprocessed fresh raw vegetables and fresh
					 raw fruits shall be exempted from this requirement. Container covers shall be
					 impervious and nonabsorbent. Primal cuts, quarters or slices of meat, or
					 processed meat such as country hams, slab bacon, and smoked or cured sausages,
					 may be hung uncovered on clean, sanitized hooks or placed on clean, sanitized
					 metal racks in such a manner as to preclude contamination of any food products
					 in storage.
(b) Containers of food
					 shall be stored a minimum of six inches above the floor or stored on dollies,
					 skids, racks or open-ended pallets, provided such equipment is easily movable,
					 either by hand or with the use of pallet-moving equipment that is on the
					 premises and used. Such storage areas shall be kept clean. Cased food packaged
					 in cans, glass or other waterproof containers need not be elevated when the
					 case of food is not exposed to floor moisture and the storage area is kept
					 clean.
(c) Food and containers of
					 food shall not be stored under exposed or unprotected sewer lines, or water
					 lines that are leaking or on which condensed water has accumulated.
(d) Packaged foods shall not be stored in
					 contact with water or undrained ice.
(e) A food ingredient, such as flour, sugar,
					 salt, baking powder, cooking oil or vinegar, that is not stored in the original
					 package and is not readily identifiable on sight, shall be stored in a
					 container identifying it by a common name. Labels or marking devices shall be
					 available to customers to identify their take-home containers with the common
					 name of the product unless the product is readily identifiable on
					 sight.
(f) Toilet rooms and their
					 vestibules, and garbage or mechanical rooms should not be used for the storage
					 of food.
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 271-2 - Food Supplies › Section 271-2.6 - Refrigerated/frozen storage

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Refrigeration units or effectively insulated units shall be provided in such
					 number and of such capacity to assure the maintenance of potentially hazardous
					 food at required temperatures during storage. Each mechanically refrigerated
					 unit storing potentially hazardous food shall be provided with a numerically
					 scaled indicating thermometer, accurate to plus or minus 3°F (congruent to
					 plus or minus 1°C). The sensing element shall be located to measure the air
					 temperature in the unit at a location that is representative of the air
					 temperature in the unit. The thermometer scale shall be located to be easily
					 readable. Recording thermometers, accurate to plus or minus 3°F (congruent
					 to plus or minus 1°C) may be used in lieu of indicating thermometers. In
					 lieu of a thermometer, portable refrigeration units which rely on contact with
					 refrigerated surfaces rather than airflow shall have product temperature
					 monitored at sufficient frequency to ensure proper temperature.
(b) Potentially hazardous frozen foods shall
					 be kept frozen and shall be stored at an air temperature of 0°F (congruent
					 to minus 18°C) or below except for defrost cycles and brief periods of
					 loading or unloading.
(c) Ice used
					 as a cooling medium for food storage shall not be used or sold for human
					 consumption.
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 271-2 - Food Supplies › Section 271-2.7 - Hot storage

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Hot food storage units shall be provided in such number and of such capacity to
					 assure the maintenance of potentially hazardous food at the required
					 temperature during storage. Each hot food storage unit storing potentially
					 hazardous food shall be provided with a numerically scaled indicating
					 thermometer, accurate to plus or minus 3°F (congruent to plus or minus
					 1°C). The sensing element shall be located to measure the air temperature
					 in the unit at a location that is representative of the temperature in the
					 unit. The thermometer scale shall be located to be easily readable. Recording
					 thermometers accurate to plus or minus 3°F (congruent to plus or minus
					 1°C) may be used in lieu of indicating thermometers where it is impractical
					 to install thermometers on equipment such as heat lamps, calrod units or
					 insulated food transport carriers, a food product thermometer shall be
					 available and used to check internal food temperature.
(b) Potentially hazardous food to be
					 transported shall be held at a temperature of 135°F (57°C) or greater
					 unless maintained in accordance with the refrigerated storage requirements of
					 this Part.
(c) Except during
					 preparation, cooking, or cooling or when time is used as the public health
					 control potentially hazardous food shall be maintained:
(1) 135°F (57°C) or
					 greater;
(2) 41°F (5°C) or
					 less, except as specified under paragraph (3) of this subdivision and section
					 271-2.2(a) and
					 (e)  of this Subpart;
(3) between 45°F (7°C) and 41°F
					 (5°C) in existing refrigeration equipment that is not capable of
					 maintaining the food at 41°F (5°C) or less if:
(i) the equipment is in place and in use in
					 the food establishment; and
(ii)
					 within 10 years of the department's adoption of these regulations, the
					 equipment is upgraded or replaced to maintain food at a temperature of 41°F
					 (5°C) or less.
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 271-2 - Food Supplies › Section 271-2.8 - Food preparation-general

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Ready-to-eat food shall be prepared and
					 served with no bare-hand contact, unless such food will subsequently be heated
					 to the minimum temperature required under section
					 271-2.10 
					 of this Subpart or greater for foods that were not previously heated or, for
					 foods that are being heated for a second or subsequent time, to a temperature
					 of 165°F (73.9°C) or greater. Convenient and suitable utensils and/or
					 sanitary gloves shall be provided and used to prepare or serve food in order to
					 eliminate bare-hand contact and prevent contamination. Waxed paper napkins or
					 equivalent barriers which prevent bare-hand contact may also be used to serve
					 foods.
(b) The prohibition against
					 bare-hand contact shall not apply to raw agriculture products other than cut
					 dessert fruits and vegetables, and any produce which is utilized in
					 ready-to-eat food service areas, such as salad bars and deli
					 counters.
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 271-2 - Food Supplies › Section 271-2.9 - Raw fruits and raw vegetables

Current through Register Vol. 46, No. 28, July 10, 2024
Raw fruits and raw vegetables that will be cut or
						combined with other ingredients or will be otherwise processed into food
						products by the retail food store shall be thoroughly cleaned with potable
						water before being 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 271 - Retail Food Store Sanitation Regulations › Subpart 271-2 - Food Supplies › Section 271-2.10 - Cooking potentially hazardous foods

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as specified under subdivisions
					 (b), (c) and (d) of this section, raw animal foods such as eggs, fish, meat,
					 poultry and foods containing these raw animal foods, shall be cooked to heat
					 all parts of the food to a temperature and for a time that complies with one of
					 the following methods based on the food that is being cooked:
(1) 145°F (63°C) or greater for 15
					 seconds for:
(i) raw shell eggs that are
					 broken and prepared in response to a consumer's order and for immediate service
					 unless an individual consumer requests preparation of a shell egg or eggs or a
					 food containing a shell egg or eggs in a style such as raw, poached or fried,
					 which must be prepared at a temperature of 145°F (63°C) or less in
					 order to comply with such request; and
(ii) except as specified under paragraphs (2)
					 and (3) of this subdivision and subdivision (b) of this section, fish, meat and
					 pork including game animals commercially raised for food as specified under
					 section
					 271-2.2(g)(1) 
					 of this Subpart and game animals under a voluntary inspection program as
					 specified under section 271-2-2(g)(2) 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 271-2 - Food Supplies › Section 271-2.11 - Cooling

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Cooked
					 potentially hazardous food shall be cooled:
(1) within two hours, from 135°F
					 (57°C) to 70°F (21°C) or less; and
(2) within fours hours, from 70°F
					 (21°C) to 41°F (5°C) or less, or to 45°F (7°C) or less as
					 specified under section
					 271-2.7  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 271-2 - Food Supplies › Section 271-2.12 - Bakery product fillings

Current through Register Vol. 46, No. 28, July 10, 2024
Custards, cream fillings and similar products, including
						synthetic fillings, shall meet the temperature requirements in section
						271-2.11  of this Subpart
						following preparation and be maintained at that temperature during storage,
						transportation, and display. Products with synthetic fillings may be excluded
						from this requirement if:
(a) the
					 food, including the interface between the bakery product and its filling, has a
					 pH level of 4.6 or below or a water activity value of 0.85 or less under
					 standard conditions;
(b) it is
					 handled in such a manner as to preclude contamination with and the growth of
					 pathogenic microorganisms after heat processing; or
(c) other scientific evidence is on file with
					 the department demonstrating that the specific product will not support the
					 growth of pathogenic microorganisms. Bakery products with synthetic fillings,
					 which meet the above criteria, may be labeled to state that refrigeration is
					 not required.
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 271-2 - Food Supplies › Section 271-2.13 - Reheating

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Cooked and
					 refrigerated food that is prepared for immediate service in response to an
					 individual consumer order, such as a roast beef sandwich au jus, may be served
					 at any temperature.
(b) Except as
					 specified under subdivisions (c) and (d) of this section, potentially hazardous
					 food that is cooked, cooled and reheated for hot holding shall be reheated so
					 that all parts of the food reach a temperature of not less than 165°F
					 (74°C) for 15 seconds.
(c)
					 Except as specified under subdivision (d) of this section, potentially
					 hazardous food reheated in a microwave oven for hot holding shall be reheated
					 so that all parts of the food reach a temperature of not less than 165°F
					 (74°C) and the food is rotated or stirred, covered and allowed to stand
					 covered for two minutes after reheating.
(d) Ready-to-eat food taken from a
					 commercially processed, hermetically sealed container, or from an intact
					 package from a food processing plant that is inspected by the department that
					 has jurisdiction over the plant, shall be heated to a temperature of not less
					 than 135°F (57°C) for hot holding.
(e) Reheating for hot holding shall be done
					 rapidly and the time the food is between the temperature specified under
					 section
					 271-2.6 
					 of this Subpart and 165°F (74°C) may not exceed two hours.
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 271-2 - Food Supplies › Section 271-2.14 - Freezing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
					 specified in subdivision (b) of this section, before service or sale in
					 ready-to-eat form, raw, raw-marinated, partially cooked or marinated-partially
					 cooked fish other than molluscan shellfish shall be frozen throughout to a
					 temperature of:
(1) -4°F (-20°C) or
					 less for at least 168 hours (seven days) in a freezer; or
(2) -31°F (-35°C) or less for at
					 least 15 hours in a blast freezer.
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 271-2 - Food Supplies › Section 271-2.15 - Food product thermometers

Current through Register Vol. 46, No. 28, July 10, 2024
Metal stem-type numerically scaled indicating
						thermometers, accurate to plus or minus 2°F (congruent to plus or minus
						1°C) shall be provided and used to assure attainment and maintenance of
						proper temperatures during preparation of all potentially hazardous
						foods.
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 271-2 - Food Supplies › Section 271-2.16 - Thawing potentially hazardous foods

Current through Register Vol. 46, No. 28, July 10, 2024
Potentially hazardous foods shall be thawed:
(a) under refrigeration that maintains the
					 food temperature at 41°F (5°C) or less, or at 45°F (7°C) or
					 less as specified under section
					 271-2.6 
					 of this Subpart; or
(b) completely
					 submerged under running water:
(1) at a water
					 temperature of 70°F (21°C) or less;
(2) with sufficient water velocity to agitate
					 and float off loose particles in an overflow;
(3) for a period of time that does not allow
					 thawed portions of ready-to-eat food to rise to 41°F (5°C) or greater,
					 or 45°F (7°C) or greater as specified under section
					 271-2.6 
					 of this Subpart; or
(4) for a
					 period of time that does not allow thawed portions of a raw animal food
					 required cooking as specified under section
					 271-2.10 
					 of this Subpart to be 41°F (5°C) or greater, or 45°F (7°C) or
					 greater as specified under section
					 271-2.6 
					 of this Subpart for more than four hours including:
(i) the time the food is exposed to the
					 running water and the time needed for preparation for cooking; or
(ii) the time it takes under refrigeration to
					 lower the food temperature to 41°F (5°C) or less, or 45°F (7°C)
					 or less as specified under section
					 271-2.6 
					 of this Subpart; or
(iii) as part
					 of a cooking process if the food that is frozen is cooked as specified under
					 section
					 271-2.10 
					 of this Subpart; or
(iv) thawed in
					 a microwave oven and immediately transferred to conventional cooking equipment,
					 with no interruption in the process; or
(v) using any procedure if a portion of
					 frozen ready-to-eat food is thawed and prepared for immediate service in
					 response to an individual consumer's order.
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 271-2 - Food Supplies › Section 271-2.17 - Food display-potentially hazardous foods

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Potentially hazardous foods shall be held
					 at a temperature of 45°F (congruent to 7°C) or less, or at 41°F
					 (5°C) as specified under section
					 271-2.7  of this
					 Subpart or at a temperature of 135°F (57°C) or greater during
					 display.
(b) If time only, rather
					 than time in conjunction with temperature, is used as the public health control
					 for a working supply of potentially hazardous food before cooking, or for
					 ready-to-eat potentially hazardous food that is displayed or held for service
					 for immediate consumption:
(1) the food shall
					 be marked or otherwise identified to indicate the time that is four hours past
					 the point in time when the food is removed from temperature control;
(2) the food shall be cooked and served,
					 served if ready-to-eat, or discarded, within four hours from the point in time
					 when the food is removed from temperature control;
(3) any food described in paragraphs (1) and
					 (2) of this subdivision which exceed the four-hour limit shall be discarded;
					 and
(4) written procedures shall be
					 maintained in the food establishment and made available to the department upon
					 request, that ensure compliance with:
(i)
					 paragraphs (1)-(3) of this subdivision; and
(ii) section
					 271-2.11  of this Subpart
					 for food that is prepared, cooked and refrigerated before time is used as a
					 public health 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 271 - Retail Food Store Sanitation Regulations › Subpart 271-2 - Food Supplies › Section 271-2.18 - Frozen foods

Current through Register Vol. 46, No. 28, July 10, 2024
Foods intended for sale in a frozen state shall be
						displayed in a frozen state, except for defrost cycles and brief periods of
						loading or unloading. Frozen foods should be displayed below or behind product
						food lines according to cabinet manufacturers specifications.
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 271-2 - Food Supplies › Section 271-2.19 - Food display-general

Current through Register Vol. 46, No. 28, July 10, 2024
Food on display, other than whole, unprocessed raw fruits
						and unprocessed raw vegetables, shall be protected from contamination by being
						packaged by display cases, by covered containers for self-service or by similar
						protective equipment except as provided in Subpart 271-8 of this Part. All food
						shall be displayed above the floor in a manner that will protect the food from
						contamination. Hot or cold food units shall be provided to assure the
						maintenance of potentially hazardous food at the required temperature during
						display. Potentially hazardous food except for raw, frozen shell-on shrimp or
						lobster, shall not be provided for consumer self-service except as provided in
						Subpart 271-8 of this Part. Bulk foods shall be dispensed only from product
						modules which are protected by close fitting, individual covers. Customer
						access to bulk food in product modules shall be limited and controlled to avoid
						the introduction of contaminants. Means considered suitable include but are not
						limited to:
(a) providing a product
					 module depth of no more than 18 inches; and
(b) either locating product modules with
					 access from the top so that there is at least 30 inches between the access
					 point and the floor, or if the product module access point is less than 30
					 inches off the floor, providing access from the side or at an angle provided
					 that when the product module is open, the cover extends across the surface of
					 the product and provides overhead protection.
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 271-2 - Food Supplies › Section 271-2.20 - Dispensing utensils

Current through Register Vol. 46, No. 28, July 10, 2024
Manual contact of bulk foods by the customer shall be
						avoided during dispensing by one of the following methods, and if manual
						contact is not prevented, food must be individually wrapped prior to
						display:
(a) mechanical dispensing
					 devices including gravity dispensers, pumps, extruders and augers; or
(b) manual dispensing utensils including
					 tongs, scoops, ladles, spatulas, single service waxpaper or other appropriate
					 single service items and manual dispensing utensils listed in this subdivision
					 shall be protected against becoming contaminated and serving as vehicles for
					 introducing contamination into bulk food. Means considered suitable include but
					 are not limited to:
(1) using a tether which
					 is constructed of easily cleanable material, is of such length that the utensil
					 cannot contact the floor, and is designed to prevent interference with the
					 requirement for close fitting covers; and
(2) storing the utensil in a sleeve or
					 protective housing attached or adjacent to the display unit when not in use, or
					 utilizing a utensil designed so that the handle cannot contact the product in
					 the product module. Manual dispensing utensils shall be attached to the display
					 unit by a tether of easily cleanable material of such length that the utensil
					 cannot contact the floor. When not in use, the utensil must be stored in a
					 sleeve or protective housing attached or adjacent to the display unit. Since it
					 is not practical to store ladles and spatulas used in other than dry foods in
					 sleeves or protective housings, they shall be stored in the food with handles
					 extending to the outside of the product module. Handles shall not prevent lids
					 from being self- closing.
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 271-2 - Food Supplies › Section 271-2.21 - Food sample demonstrations and food promotions

Current through Register Vol. 46, No. 28, July 10, 2024
When food sample demonstrations and food promotions are
						authorized in the retail food store, the person in charge shall ensure that
						such activities comply with the applicable sanitation provisions 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 271-2 - Food Supplies › Section 271-2.22 - Food transportation by retail foods stores-general

Current through Register Vol. 46, No. 28, July 10, 2024
Food, other than hanging primal cuts, quarters, or sides
						of meat, and raw fruits amd raw vegetables shall be protected from
						contamination by use of packaging or covered containers while being
						transported. All food being transported shall meet the applicable requirements
						of this code relating to food protection and food storage. Foods packaged in
						immediate closed containers do not need to be overwrapped or covered if the
						immediate closed containers have not been opened, torn, or
						broken.
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 271-2 - Food Supplies › Section 271-2.23 - Specialized processing methods

Current through Register Vol. 46, No. 28, July 10, 2024
A food establishment shall obtain a variance from the
						department before smoking or curing food; using a reduced oxygen method of
						packaging food except as specified under section
						271-2.24 
						of this Subpart where a barrier to Clostridium botulinum in addition to
						refrigeration exists; custom processing animals that are for personal use as
						food and not for sale or service in a food establishment; or preparing food by
						another method that is determined by the department to require a
						variance.
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 271-2 - Food Supplies › Section 271-2.25 - Consumer advisory

Current through Register Vol. 46, No. 28, July 10, 2024
If a raw or undercooked animal food such as beef, eggs,
						fish, lamb, milk, pork, poultry or shellfish is offered in a ready-to-eat form
						as a deli, menu or other item: or as a raw ingredient in another ready-to-eat
						food. the establishment operator shall inform consumers by brochures, deli case
						or menu advisories, label statements, table tents, placards or other effective
						written means of the significantly increased risk associated with certain
						especially vulnerable consumers eating such foods in raw or undercooked
						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 271 - Retail Food Store Sanitation Regulations › Subpart 271-2 - Food Supplies › Section 271-2.26 - Bulk foods

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Bulk foods and product modules shall be protected from contamination during
					 display, customer self-service, refilling and storage. Loaves of bread which
					 are displayed where they may be handled by customers shall be packaged to
					 prevent contamination.
(b)
					 Containers of bulk pet foods and bulk non-food items shall be effectively
					 separated by a barrier or open space from product modules containing food items
					 for human consumption.
(c) Bulk
					 food returned to the store by the customer shall not be offered for
					 resale.
(d) All carry-out
					 containers for bulk foods shall be clean and of food grade material.
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 271-3 - Management and Personnel › Section 271-3.1 - Demonstration of knowledge

Current through Register Vol. 46, No. 28, July 10, 2024
As required by Agriculture and Markets Law, section
						251-z-3, the applicant for a food
						processing establishment license shall furnish the commissioner with evidence
						of his or her experience and competency to operate the establishment. If at any
						time the commissioner is not satisfied that the person-in-charge of the
						establishment is competent to operate the establishment, he or she may require
						that person to demonstrate such competency by successfully completing a food
						safety course approved by the department. The course shall include instruction
						in the following subject areas:
(a)
					 the relationship between the prevention of foodborne disease and the personal
					 hygiene of food employees;
(b) the
					 responsibility of the person-in-charge, or his or her designee for preventing
					 the transmission of foodborne disease by a food employee who has a disease or
					 medical condition that may cause foodborne disease;
(c) the symptoms associated with the diseases
					 that are transmissible through food;
(d) the significance of the relationship
					 between maintaining the time and temperature of potentially hazardous food and
					 the prevention of foodborne illness;
(e) the hazards involved in the consumption
					 of raw or undercooked meat, poultry, eggs and fish;
(f) the required food temperatures and times
					 for safe cooking of potentially hazardous food including meat, poultry, eggs
					 and fish;
(g) the required
					 temperatures and times for the safe refrigerated storage, hot holding. cooling,
					 and reheating of potentially hazardous food;
(h) the relationship between the prevention
					 of foodborne illness and the management and control of the following:
(1) cross contamination;
(2) hand contact with ready-to-eat
					 foods;
(3) handwashing;
					 and
(4) maintaining the food
					 establishment in a clean condition and in good repair;
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 271-3 - Management and Personnel › Section 271-3.2 - Employee health-general

Current through Register Vol. 46, No. 28, July 10, 2024
No employee while infected with a disease in a
						communicable form that can be transmitted by foods or who is a carrier of
						organisms that cause such a disease or while affected with a boil, an infected
						wound or a acute respiratory infection, shall work in a retail food store in
						any capacity in which there is a likelihood of such person contaminating food
						or food-contact surfaces with pathogenic organisms or transmitting disease to
						other persons.
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 271-3 - Management and Personnel › Section 271-3.3 - Personal cleanliness

Current through Register Vol. 46, No. 28, July 10, 2024
Employees engaged in food preparation and warewashing
						operations shall thoroughly wash their hands and the exposed portions of their
						arms with soap or detergent and warm water before starting work, after smoking,
						eating or using the toilet, before and after handling raw meat, raw poultry or
						raw seafood, and as often as is necessary during work to keep them clean.
						Employees shall keep their fingernails trimmed and clean.
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 271-3 - Management and Personnel › Section 271-3.4 - Clothing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Employees shall
					 wear clean outer clothing.
(b)
					 Employees shall use effective hair restraints where necessary to prevent the
					 contamination of food or 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 271-3 - Management and Personnel › Section 271-3.5 - Employee practices

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Employees shall maintain a high degree of personal cleanliness and shall
					 conform to good hygienic practices during all working periods.
(b) Employees shall consume food or use
					 tobacco only in designated areas. Such designated areas must be located so that
					 the eating or tobacco use of an employee does not result in contamination of
					 food, equipment, or 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 271-4 - Equipment and Utensils › Section 271-4.1 - Materials-general

Current through Register Vol. 46, No. 28, July 10, 2024
Multi-use equipment and utensils shall be constructed and
						repaired with safe materials, including finishing materials, shall be
						corrosion-resistant and shall be nonabsorbent, and shall be smooth, easily
						cleanable and durable under conditions of normal use. Single-service articles
						shall be made from clean, sanitary, safe materials. Equipment, utensils and
						single-service articles shall not impart odors, color, taste, nor contribute to
						the contamination of food. Products modules and utensils shall be constructed
						of safe materials and shall be corrosion-resistant, nonabsorbent, smooth and
						easily cleanable and durable under conditions of normal use.
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 271-4 - Equipment and Utensils › Section 271-4.2 - Solder

Current through Register Vol. 46, No. 28, July 10, 2024
Only dairy type solder (silver solder) with lead levels
						of 0.2 percent or less are acceptable on 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 271-4 - Equipment and Utensils › Section 271-4.3 - Wood

Current through Register Vol. 46, No. 28, July 10, 2024
Hard maple or equivalent nonabsorbent wood that meets the
						general requirements set forth in section
						271-4.1  of this
						Subpart may be used for cutting blocks, cutting boards and bakers' tables. Wood
						shall not be used as a food-contact surface under other circumstances,
						including in bulk food displays, except for contact with raw fruits, raw
						vegetables and nuts in the shell.
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 271-4 - Equipment and Utensils › Section 271-4.4 - Plastics and rubber materials

Current through Register Vol. 46, No. 28, July 10, 2024
Safe plastic or safe rubber or safe rubber-like materials
						that are resistant under normal conditions of use to scratching, scoring,
						decomposition, crazing, chipping and distortion, that are sufficient weight and
						thickness to permit cleaning and sanitizing by normal warewashing methods, and
						which meet the general requirements set forth in section
						271-4.1  of this
						Subpart, are permitted for repeated use.
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 271-4 - Equipment and Utensils › Section 271-4.5 - Cutting surfaces

Current through Register Vol. 46, No. 28, July 10, 2024
Cutting surfaces subject to scratching and scoring must
						be resurfaced so as to be easily cleaned, or be discarded when these surfaces
						can no longer be effectively cleaned and sanitized.
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 271-4 - Equipment and Utensils › Section 271-4.6 - Single-service articles

Current through Register Vol. 46, No. 28, July 10, 2024
Single-service articles shall not be
						reused.
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 271-4 - Equipment and Utensils › Section 271-4.7 - Design and fabrication-general

Current through Register Vol. 46, No. 28, July 10, 2024
All equipment and utensils, including plastic ware shall
						be designed and fabricated for durability under conditions of normal use and
						shall be resistant to denting, buckling, pitting, chipping and crazing.
(a) Food-contact surfaces shall be easily
					 cleanable, smooth and free of breaks, open seams, cracks, chips, pits and
					 similar imperfections, and free of difficult-to-clean internal corners and
					 crevices. Cast iron may be used as a food-contact surface only if the surface
					 is used for cooking. Threads shall be designed to facilitate cleaning. Ordinary
					 V-type threads are prohibited in food-contact surfaces, except that in
					 equipment such as ice makers, hot oil cooking equipment or hot oil filtering
					 systems, such threads shall be minimized. Product modules, lids, dispensing
					 units and utensils shall be designed and fabricated to meet the requirements
					 for food-contact surfaces.
(b)
					 Equipment containing bearings and gears requiring lubricants not made of safe
					 materials shall be designed and constructed so that the lubricant cannot leak,
					 drip or be forced into food or onto food-contact surfaces. Equipment designed
					 to receive lubrication of bearings and gears on or within food-contact surfaces
					 shall be lubricated with materials meeting the requirements of title 21 of the
Code of Federal Regulations,
section 178.3570, (revised as of
					 April 1, 2013), pages 418-419, published by the Office of the Federal Register
					 and available from the Superintendent of Documents, U.S. Government Printing
					 Office, Washington, DC 20402. The material incorporated by reference herein is
					 available for public inspection and copying at the Department of Agriculture
					 and Markets, Division of Food Safety and Inspection, 10B Airlinee Drive,
					 Albany, NY 12235, and at the Department of State, 99 Washington Avenue, Suite
					 650, Albany, NY 12231.
(c) Sinks
					 and drain boards shall be sloped to drain and be self-draining.
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 271-4 - Equipment and Utensils › Section 271-4.8 - Accessibility

Current through Register Vol. 46, No. 28, July 10, 2024
Unless designed for in-place cleaning, food-contact
						surfaces shall be accessible for cleaning and inspection:
(a) without being disassembled;
(b) by disassembling without the use of
					 tools; or
(c) by easy disassembling
					 with the use of only simple tools, such as mallets, screwdrivers, or open-end
					 wrenches which are kept near the equipment.
Individual product modules shall be designed to be easily
						removable from the display unit for servicing unless the modules are so
						designed and fabricated that they can be effectively cleaned (and sanitized,
						when necessary) through a manual in-place cleaning procedure that will not
						contaminate or otherwise adversely affect bulk food or equipment in the
						adjoining display area.