New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 14 - Food Service Establishments › Subpart 14-5 - Vending Of Food And Beverages › Enforcement › Section 14-5.180 - Permits; application, issuance, inspection

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