New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 14 - Food Service Establishments › Subpart 14-1 - Food Service Establishments › Enforcement › Section 14-1.190 - Permits, application, fees, 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 service establishment. This permit is to be prominently displayed at
					 each food service establishment where it can be seen by the consumer. At
					 establishments that serve retail frozen desserts, the $25 permit fee imposed by
					 Public Health Law, section
					 225(5)(s) shall be paid at
					 the time any other permit fees related to the operation of the food service
					 establishment are collected by the permit-issuing official and the
					 establishment's permit shall indicate that the facility can manufacture and
					 sell retail frozen desserts.
(b)
					 The term permit-issuing official means the health commissioner or health
					 officer of a city of 50,000 population or over, the health commissioner or
					 health officer of a county or part-county health district, the State regional
					 health director or area director having jurisdiction, a grade I or grade II
					 public health administrator qualified and appointed pursuant to Part 11 of this
					 Title, a public health director or any county health director having all the
					 powers and duties prescribed in section 352  of the Public Health Law. The health
					 commissioner or health officer of a city of 50,000 population or over, or the
					 health commissioner or health officer of a county or part-county health
					 district, or such grade I or grade II public health administrator or public
					 health director or county health director may designate the director of
					 environmental health of such district; and the State regional health director.
					 or area director may designate the district director as additional persons
					 authorized to issue permits required by this Subpart.
(c) Not less than 21 days before starting
					 operation of a food service establishment, 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.
(d) A permit will be
					 issued subject to the food service establishment being constructed, maintained
					 and operated in compliance with this Subpart and not presenting a danger to the
					 health of the consumer or to the public. An applicant's past history of
					 compliance or noncompliance will be a consideration in evaluating each of the
					 previously mentioned criteria. The condition of the establishment, 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 service establishment 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 establishment during this 21-day period, operations may
					 commence without a permit on the 22nd day and may be continued without being in
					 violation of this Subpart until such time as the permit-issuing official or his
					 designated representative makes an inspection and issues a permit or issues an
					 order to cease operation for cause.
(f) The designated representative of the
					 permit-issuing official is a person authorized to perform inspections of food
					 service establishments on behalf of the permit-issuing official.
(g) Adult proprietary care facilities and day
					 care centers approved to operate by the New York State Department of Social
					 Services, hospitals and nursing homes approved to operate pursuant to the
					 Public Health Law, and the State-owned/operated facilities do not require a
					 separate permit for food service operations, unless such operations are
					 conducted by a third party. In that event, the third party is responsible to
					 make application and to obtain a permit from the permit-issuing official,
					 subject to the requirements of this Subpart.