Food Preparation and Food Establishments

Article 81 of the NYC Health Code:

Food Preparation

and Food Establishments

May 2017

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

May 2017

Dear Food Service Operator:

The Health Department has updated Article 81, the primary section

of the New York City Health Code governing food safety.

The enclosed booklet contains the complete, updated regulation and

two fact sheets: a summary of the new “Dining with Dogs” rule and the

new written consumer advisory for foods served raw or undercooked.

To ﬁnd these fact sheets in other languages, visit nyc.gov/health and

search for Operating a Restaurant.

Please throw away earlier versions of the Article 81 book and only

refer to this one.

For more information, go to nyc.gov/health or call 311.

Sincerely,

Robert D. Edman

Assistant Commissioner

Robert D. Edman

Assistant Commissioner

125 Worth Street

10th Floor, CN-59A

New York, NY 10013

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

Contents

Fact Sheet on New “Dining with Dogs” Rule ................................................................................. 5

Fact Sheet on Written Consumer Advisory for Foods Served Raw or Undercooked

..................... 7

Article 81

..................................................................................................................................... 9

§81.01 Scope ..............................................................................................................................9

§81.03 Deﬁnitions .......................................................................................................................9

§81.04 Approved sources of food .............................................................................................. 14

§81.05 Permit requirements; technical review and pre-permitting

inspectionsfor food service establishments

and non-retail food processing establishments ............................................................ 15

§81.06 Prevention of imminent or public health hazards .......................................................... 17

§81.07 Food: sanitary preparation, protection against contamination ...................................... 17

§81.08 Foods containing artiﬁcial trans fat .............................................................................. 20

§81.09 Potentially hazardous (time and temperature control for safety foods .......................... 21

§81.10 Time as a public health control; exception to required holding temperatures

of potentially hazardous (temperature control for safety) foods ....................................24

§81.11 Consumer advisory; serving raw or undercooked foods .................................................26

§81.12 Reduced oxygen packaging; cook chill and sous vide processing .................................. 27

§81.13 Food workers: health; hygienic practices ...................................................................... 29

§81.15 Food protection course .................................................................................................30

§81.17 General requirements: design, construction, materials and maintenance ..................... 31

§81.18 Cold and hot storage and holding facilities .................................................................... 33

§81.19 Lighting and ventilation .................................................................................................34

§81.20 Plumbing and water supply ...........................................................................................35

§81.21 Hand wash sinks ...........................................................................................................35

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

§81.22 Employee and patron toilets .......................................................................................... 36

§81.23 Integrated pest management ........................................................................................ 36

§81.24 Garbage and waste disposal ......................................................................................... 37

§81.25 Live animals ..................................................................................................................38

§81.27 Cleaning of premises, equipment and utensils .............................................................. 38

§81.29 Dishwashing and ware washing ..................................................................................... 38

§81.31 Outdoor cooking, food and beverage preparation facilities ............................................ 39

§81.33 repealed ........................................................................................................................ 40

§81.35 repealed ........................................................................................................................ 40

§81.37 repealed ........................................................................................................................ 40

§81.39 Sealing unclean equipment, utensils and vehicles; denial,

suspension and revocation of permits; enforcement; padlocking .................................. 40

§81.41 Dispensing devices used to dispense food; construction,

cleanliness, refrigeration, safety ................................................................................... 41

§81.43 Reporting complaints of patrons’ illness, emergency occurrences ................................42

§81.45 repealed ........................................................................................................................ 42

§81.46 Reﬁllable, returnable containers ................................................................................... 42

§81.47 repealed ........................................................................................................................ 43

§81.49 Sodium warning ............................................................................................................ 43

§81.50 Posting of calorie information ....................................................................................... 44

§81.51 Grading of inspection results and posting of grades

by certain food service establishments ......................................................................... 48

§81.55 Modiﬁcation by Commissioner ...................................................................................... 49

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

Restaurants may now allow dogs in outdoor dining areas if certain rules are followed. “Outdoor dining areas”

means any outdoor area where customers eat that is operated and controlled by the restaurant. Examples

include unenclosed sidewalk cafés, backyards and patios. Here is what you need to know about the new rule:

Restaurants do not have to allow pet dogs in outdoor dining areas.

However, this does not change rules for service dogs. Regardless of whether you allow pet dogs in your outdoor

dining area, you must allow service dogs—including guide and hearing dogs—to accompany their owners

in all areas of the restaurant open to customers. For more information about accommodating service dogs,

visit nyc.gov/health/foodservice and select “Health Code / Regulations.”

If you do choose to allow pet dogs in your restaurant’s outdoor dining areas, you must follow the steps below.

Dogs must enter the outdoor dining area directly from the outside.

Dogs may not enter outdoor dining areas by going through the inside of the restaurant or anywhere else food is

stored or prepared.

Place barriers or use other methods to limit contact between dogs and people and dogs on the sidewalk.

If the outdoor dining area is next to a sidewalk, you must place a barrier or have another way to limit contact

between dogs in the restaurant and people on the sidewalk. Use a barrier or other method that limits a dog’s

access and blocks the view of the sidewalk. For example, place a café barrier with stanchions at the café

border, or position large planters side-by-side at the outer edge of the outdoor dining area.

Prepare all food and store utensils indoors.

If you allow dogs in outdoor dining areas, do not prepare food and drinks in these areas. Store utensils inside.

However, workers may reﬁll beverages from a pitcher or other container in outdoor dining areas.

Post a sign at the entrance of the outdoor dining area.

The sign must state the following text in English:

• Companion dogs are only allowed in certain outdoor dining area(s) of this establishment.

• Only service dogs are allowed in other parts of this establishment.

• Your companion dog must be licensed and currently vaccinated against rabies to remain in the outdoor

dining area with you.

• You are responsible for controlling your dog at all times.

Restaurants are responsible for creating and posting their own signs. Signs are not required at restaurants that

choose not to allow pet dogs in outside dining areas.

New “Dining with Dogs” Rule: What Restaurants Need to Know

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

Make sure dog owners control their dogs within the outdoor dining area.

Dogs must be within arm’s length of their owners, and either in a carrier or on a leash held by the owner or tied

to the table or chair leg.

Make sure dogs stay on the ground and out of the aisles.

Dogs are not allowed on chairs, benches, seats or other furniture. Dogs may not stand or sit in the aisles.

If you provide food and water to dogs, serve them in single-use, disposable containers.

Dogs may not eat from plates or bowls provided to customers. Dogs must eat and drink only from single-use,

disposable containers.

Do not let staff pet or play with dogs.

Food workers may not touch the dogs but if they do, they must wash their hands with soap and water right away.

Ask customers to remove their threatening or aggressive dogs from the restaurant.

The restaurant must stop serving the customer if he or she refuses to remove the dog.

Call 911 right away if a dog bites or hurts someone.

Staff must clean up after dogs in outdoor dining areas.

Restaurant workers who do not prepare or serve food must clean up dog urine, feces, vomit and any other ﬂuids

or solids, and must sanitize the areas right away.

Other types of animals are not allowed in outdoor dining areas.

Animals other than dogs may not be in the outdoor dining area, and only service dogs may enter the indoor area

of the restaurant.

Restaurants that do not follow these steps could receive a notice of violation, which carries a ﬁne of

up to $350.

Depending on the type of inspection, the violation could also affect the restaurant’s inspection grade.

Restaurants that allow pet dogs in outdoor dining areas can make additional rules.

Additional rules could include the maximum number of dogs allowed at any one time, the size and breed of

dogs allowed and the sections of outdoor dining areas where customers with dogs can be seated.

To read the new “dining with dogs” rule, visit nyc.gov/health/foodservice.

Dog bites must also be reported to the Health Department within 24 hours. Call 311 or

visit nyc.gov/health/reportanimalbite to report a dog bite.

When reporting a dog bite, a restaurant must include:

• Dog owner’s name, address and phone number

• Dog’s license number

• Bite victim’s name, address and phone number

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

Restaurants must now use a written advisory to tell customers that eating certain raw or undercooked foods

may increase the risk of foodborne illness. Previously, this warning could be spoken or written.

Foods that may increase the risk of foodborne illness include raw or undercooked meat, ﬁsh, shellﬁsh or

unpasteurized raw eggs. It doesn’t matter if these foods are offered alone or as an ingredient in other dishes

or drinks—either way, restaurants must provide the written advisory.

The advisory statement must state the following text in English:

• “Consuming raw or undercooked meats, poultry, seafood, shellﬁsh or eggs may increase your risk of

foodborne illness.”

This statement must appear on menus, menu boards, brochures, signage, table tents or placards.

Any food that needs the advisory must either be marked with an asterisk (*) or described as raw or

undercooked. Here are examples of how to show a raw or undercooked food and the consumer advisory.

Option 1: Describe the raw or undercooked food and state the advisory below it.

Option 2: Mark the raw or undercooked food and the advisory with an asterisk.

Option 3: If food can be cooked to order to be raw or undercooked, provide the advisory.

New Written Consumer Advisory Rule:

What Restaurants Need to Know

Garden salad

Chef salad

Caesar salad (contains raw eggs)

Notice: Consuming raw or undercooked meats, poultry, seafood, shellﬁsh or eggs may increase

your risk of foodborne illness.

Oysters on the half shell*

Fried shrimp

Flounder François

* Consuming raw or undercooked meats, poultry, seafood, shellﬁsh or eggs may increase

your risk of foodborne illness.

Cheeseburger sliders

Swiss cheese, mushroom and onion big burger

Deluxe burger

Can be cooked to order.

Notice: Consuming raw or undercooked meats, poultry, seafood, shellﬁsh or

eggs may increase your risk of foodborne illness.

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

The rule went into effect January 1, 2016

While the rule took effect in January 2016, the Health

Department will not begin enforcing it until January

2018. This grace period will give restaurants time to

implement the rule.

The written advisory should be placed where

consumers can see it

Restaurants have ﬂexibility on where to place the

advisory. For example, it can be placed on menus,

menu boards, brochures, food labels, table tents

or placards.

The written advisory is required even if the food item

is listed as “cooked to order”

If a customer requests food to be served raw or

undercooked, and it is not listed as “cooked to order,”

the advisory is not required.

The written advisory is required for specials

If you offer a special and it includes a raw or

undercooked food, you must include the advisory.

Foods are considered raw or undercooked based

on temperatures listed in the New York City

Health Code

Meat, ﬁsh, molluscan shellﬁsh and unpasteurized

raw shell eggs must be cooked to the temperatures

listed in Health Code Section 81.09(c). Visit

nyc.gov/healthcode to read more.

Restaurants that do not include a written advisory for

risky foods may receive a notice of violation, which

carries a $300 ﬁne.

The violation will also affect the restaurant’s

inspection score and grade.

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

§81.01 Scope.

The provisions of this Article shall apply equally to all food service establishments and non-retail

food processing establishments, and shall be construed in a manner that protects the health

and safety of the public. All other applicable provisions of this Code, the State Sanitary Code,

and the rules of the Commissioner shall be complied with in addition to the requirements set

forth in this Article. Owners and operators of food service establishments and non-retail food

processing establishments shall operate such establishments in a sanitary manner so as to

prevent imminent or public health hazards and to otherwise protect the public health. This Article

applies to all food service establishments and non-retail processing establishments where food,

as deﬁned in Article 71 of this Code, is prepared and offered for service, including but not limited to:

• mobile food vending units,

• mobile food vending commissaries,

• other food commissaries and shared or communal kitchens that are not inspected or

regulated according to the State Agriculture and Markets Law,

• vending machines,

• temporary food service establishments,

• caterers,

• cafeterias,

• charitable organizations’ kitchens,

• social clubs,

• delicatessens,

• restaurants, and

• bars.

The terms “establishment” or “food establishment” when used in this Article shall refer to a food

service establishment or non-retail processing establishment regulated by this Code.

§81.03 Deﬁnitions. When used in this Title and Code:

(a) Adequate or sufﬁcient means able to accomplish the purposes for which something is

intended, and to such a degree that no unreasonable risk to health or safety is presented. An

item installed, maintained, designed and assembled, or an activity conducted or act performed in

accordance with generally accepted standards, principles or practices applicable to a particular

trade, business, occupation or profession, consistent with generally accepted public health

standards, is adequate or sufﬁcient within the meaning of this Article.

(b) Aquatic animal means fresh or saltwater ﬁnﬁsh, crustaceans and other forms of aquatic life

(including but not limited to alligator, frog, aquatic turtle, jellyﬁsh, sea cucumber, and sea urchin

and the roe of such animals) other than birds or mammals, and all mollusks, if such animal life is

intended for human consumption.

means water activity, which is the measure of the free moisture in a food, and is indicated

by the symbol A

. Its numeric value is the quotient of the water vapor pressure of the food

substance divided by the vapor pressure of pure water at the same temperature.

(d) Caterer means a food service establishment holding a permit issued by the Commissioner that

prepares food and may provide transportation for, and service of food at, a location other than the

establishment. A caterer also is any person who prepares food at a permitted food service or non-

retail processing establishment for service at another location.

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

(e) Comminuted means reduced in size by methods including chopping, ﬂaking, grinding, mincing;

or a mixture of aquatic animals or meat products that have been reduced in size and restructured

and reformulated.

(f) Contaminated means adulterated or spoiled food, or food and equipment which is exposed to

ﬁlth, toxic substances, rodent or insect contact or infestation, or potentially hazardous foods held at

temperatures between 41 degrees Fahrenheit (5 degrees Celsius) and 140 degrees Fahrenheit (57

degrees Celsius) for a period of time exceeding that reasonably required for preparation, including

potentially hazardous foods which are not heated or cooked to the temperatures speciﬁed in

§81.09, or food in or subject to any condition which could permit the introduction of pathogenic

microorganisms or foreign matter, including manual contact during service or preparation if such

foods will not be subsequently cooked or heated to the temperatures speciﬁed in §81.09.

(g) A controlled-location vending machine means a food vending machine which dispenses only

food that is not potentially hazardous, can be serviced in a sanitary manner by an untrained

person at the location and is located where it is protected from environmental contamination,

abuse and vandalism.

(h) Cook chill processing means a type of reduced oxygen packaging process in which cooked

food is hot ﬁlled into impermeable bags that have the air expelled and are then sealed or crimped

closed. The bagged food is rapidly chilled and refrigerated at temperatures that inhibit the

growth of psychrotrophic pathogens (pathogens that grow slowly at refrigerated temperatures

and that include, but are not limited to, Listeria monocytogenes, Clostridium botulinum and

Yersinia enterocolitica or yersiniosis).

(i) Critical control point means a point or procedure in a speciﬁc food system where loss of control

may result in an unacceptable health risk.

(j) Critical limit means the maximum or minimum value to which a physical, biological or chemical

parameter must be controlled at a critical control point to minimize the risk that the identiﬁed

food safety hazard may occur.

(k) Cured food means food preserved by drying, salting, smoking or pickling, or a combination of

such methods.

(l) Cut leafy greens means leafy greens whose leaves have been cut, shredded, sliced, chopped, or

torn. The term “leafy greens” includes, but is not limited to:

• iceberg lettuce,

• romaine lettuce,

• leaf lettuce,

• butter lettuce,

• baby leaf lettuce (i.e., immature lettuce or leafy greens),

• arugula or rocket lettuce,

• escarole,

• endive,

• spring mix,

• spinach,

• cabbage,

• kale, and,

• chard or any other cut, shredded, sliced, chopped or torn edible green leafy vegetable.

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

(m) Easily cleanable means readily accessible and of such material and ﬁnish that residues may

be completely removed by normal cleaning methods.

(n) Easily movable equipment means equipment that is mounted on wheels or casters with

ﬂexible, extensible, or quick disconnecting utility connections, if any, so that the equipment may

be easily moved for cleaning.

(o) Equipment means any tool, item, ﬁxture or article used in the operation of a food service

establishment, and any component of such tool, item, ﬁxture and article including but not limited

to, all stoves, ranges, microwave ovens, hoods, meat blocks, tables, counters, refrigerators, sinks,

dishwashing machines, steam tables and similar items, other than utensils, used in the operation

of a food service establishment or non-retail food processing establishment.

(p) Food-contact surfaces mean the surfaces of equipment, utensils, tableware and kitchenware,

such as ladles, colanders, serving spoons, spatulas, pots and pans, which normally come into

contact with food or from which liquids and residues may drain back into food or onto other food-

contact surfaces.

(q) Food grade material means material used in the construction and design of food contact

surfaces, equipment and utensils that is certiﬁed as meeting the standards of the National

Sanitation Foundation (NSF) or any other organization utilizing a process approved by the

American National Standard Institute (ANSI) or that is otherwise acceptable to the Department,

in compliance with §81.17 of this Article.

(r) Food worker or food handler means any person who works in a food service establishment or

non-retail food processing establishment, including but not limited to any person described in

§11.01(l) of this Code.

(s) Food service establishment means a place where food is provided for individual portion service

directly to the consumer whether such food is provided free of charge or sold, and whether

consumption occurs on or off the premises or is provided from a pushcart, stand or vehicle.

(t) A food vending machine means a self-service device that when activated, dispenses unit

servings of food or beverage without requiring replenishing between each vending operation.

(u) A food vending machine commissary means a place where food, containers or supplies are

processed or packaged and prepared for use in food vending machines.

(v) A food vending machine operation means the place where food vending machines are located

and includes the food vending machines, machine servicing equipment, utensils, personnel,

single-service articles, tables, chairs, that part of the premises used in connection with the

food vending machine operation and all other appurtenances required and used to operate and

maintain the food vending machines.

(w) Frozen dessert means:

• ice cream,

• frozen custard,

• French ice cream,

• French custard ice cream,

• artiﬁcially sweetened ice cream,

• ice milk,

• artiﬁcially sweetened ice milk,

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

• fruit sherbet,

• non-fruit sherbet,

• water ices,

• non-fruit water ices,

• confection frozen without stirring,

• dairy confection frozen without stirring,

• manufactured dessert mix,

• frozen confection,

• melloream frozen dessert,

• parevine,

• frozen yogurt,

• freezer made shakes,

• freezer made milk shakes,

• dietary frozen dessert,

• whipped cream confection, and,

• bisque tortoni,

as all such products are commonly known, together with any mix used in making such frozen

desserts, and any products that are similar in appearance, odor or taste to such products, or are

prepared or frozen as frozen desserts are customarily prepared and frozen, whether made with

dairy products or non-dairy products, and chips or ﬂakes of ice made from water with or without

additives, served to the customer with or without ﬂavoring, in accordance with standards of

identity for such foods established in Article 4-a of the State Agriculture and Markets Law, or

successor statute.

(x) Hazard Analysis and Critical Control Point (HACCP) plan means a written document that

delineates the formal procedures for following the hazard analysis and critical control point

principles developed by the National Advisory Committee on Microbiological Criteria For Foods.

(y) Imminent health hazard or public health hazard means any violation, condition, or combination

of violations or conditions making it probable that food served to the public by the establishment

or its continued operation will be injurious or dangerous to the health of any person consuming

such foods.

(z) Indirect drain means a waste line which does not connect directly with the drainage system,

but conveys and discharges liquid wastes through an air break into an approved plumbing ﬁxture

or receptacle that is directly connected to the drainage system.

(aa) Non-retail food processing establishment means a facility where food is processed,

prepared, stored or packed for consumption off the premises and not given or sold directly to

the consumer. This shall include but not be limited to mobile food vending commissaries, food

vending machine commissaries, and shared kitchens where space and equipment are rented,

leased or otherwise contracted for use by other persons, such as caterers.

(bb) Operating or in operation means that one or more food workers in a food service establishment

is receiving, preparing, storing or serving food or that the establishment is open to the public.

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

(cc) Packaged means bottled, canned, cartoned, securely bagged, or securely wrapped, and does

not include a wrapper, carry out box, or other non durable container used to containerize food for

the purpose of facilitating food protection during service and receipt of the food by the consumer.

(dd) pH means the symbol for the negative logarithm of the hydrogen ion concentration that is a

measure of the degree of acidity or alkalinity of a solution.

(ee) Potentially hazardous food (PHF) or time and temperature controlled for safety (TCS) food

means any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, ﬁsh,

shellﬁsh, crustacea and other aquatic animals, foods of plant origin that have been heat treated;

garlic in oil mixtures that support the growth of Clostridium botulinum or toxin formation; cut

melons, cut leafy greens, cut tomatoes or mixtures of cut tomatoes that are not modiﬁed in a way

so that they are unable to support pathogenic microorganism growth or toxins formation; raw

bean or seed sprouts; or other foods in a form capable of supporting rapid and progressive growth

of infectious or toxigenic microorganisms, or growth of C. botulinum. The term does not include

food with a water activity (aw) value of 0.85 or less, or a hydrogen ion concentration (pH) level of

4.6 or below. A food may be deemed not potentially hazardous because of the combined effect

of aw and pH other than as previously speciﬁed if supported by a food product assessment

acceptable to the Department.

(ff) Processed ﬁsh means ﬁsh that has been cured, salted, marinated, dried, pickled, fermented

or smoked for human consumption.

(gg) Ready-to-eat food means food that is in a form that is edible without additional preparation or

heat treatment to achieve food safety in accordance with the provisions of this Article.

(hh) Reduced oxygen packaging means the reduction of the amount of oxygen in a food packaged

by removing oxygen; displacing oxygen and replacing it with another gas or combination of gases;

or otherwise controlling the oxygen content to a level below that normally found in the atmosphere

(approximately 21% at sea level) and where the food being packaged requires control of Clostridium

botulinum or Listeria monocytogenes in the ﬁnal packaged form. Reduced oxygen packaging

includes, but is not limited to, vacuum packaging, cook chill packaging, and sous vide processing.

(ii) Sanitization means effective bactericidal treatment by heat or chemical means that

destroys pathogens on surfaces treated. Acceptable sanitization methods are:

(1) immersion for at least one-half minute in clean hot water at a temperature of not less

than 170 degrees Fahrenheit (76.7 degrees Celsius);

(2) immersion for at least one minute in a clean solution containing at least 50 parts per

million of available chlorine at a temperature of at least 75 degrees Fahrenheit (23.9 degrees

Celsius);

(3) immersion for at least one minute in a clean solution containing at least 12.5 parts per

million of available iodine and having pH not higher than 5.0 and at a temperature of at

least 75 degrees Fahrenheit (23.9 degrees Celsius);

(4) immersion for at least one minute in a solution of 200 parts per million quaternary

ammonium at a temperature of at least 75 degrees Fahrenheit (23.9 degrees Celsius);

(5) immersion in a clean solution containing any other food grade chemical sanitizing agent

that will provide the equivalent bactericidal effect of a solution containing at least 50 parts

per million of available chlorine as hypochlorite which has been held at a temperature of at

least 75 degrees Fahrenheit (23.9 degrees Celsius) for one minute;

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

(6) treatment with culinary-quality steam in the case of equipment too large to sanitize by

immersion, but in which steam can be conﬁned; or

(7) swabbing ﬁxed equipment with a solution of at least twice the strength required for

that sanitizing solution when used for immersion.

(jj) Single service articles means cups, containers, lids, or closures, plates, knives, spoons,

stoppers, paddles, straws, place mats, napkins, doilies, wrapping materials, toothpicks and all

similar articles which are intended by the manufacturer for single eating and drinking usage

and generally recognized by the public as items to be discarded after one usage.

(kk) Shared kitchen means a commercial kitchen that is rented or leased by more than one

food service establishment operator.

(ll) Sous vide processing is a type of reduced oxygen packaging in which raw or partially

cooked food is placed in a hermetically sealed, impermeable bag, cooked in the bag, and

either served or rapidly chilled, and refrigerated at temperatures that inhibit the growth of

psychrotrophic pathogens.

(mm) Stand means a movable, portable or collapsible structure, framework, device, container,

or other contrivance, other than a vehicle or pushcart, used for displaying, keeping or storing

any food at a temporary food service establishment.

(nn) Temporary food service establishment means a food service establishment as deﬁned in

Article 88 of this Code. Additional to the provisions of this Article, a temporary food service

establishment shall be operated at all times in compliance with the provisions of Article 88

and all applicable provisions of this Code.

(oo) Utensil means any tableware, such as knives, forks, spoons, glasses, cups, dishes and

the like, and kitchenware, implements or containers used for storage, preparation, transfer,

conveyance or service of food.

(pp) Ware washing means the cleaning and sanitizing of utensils and food contact surfaces of

equipment.

§81.04 Approved sources of food.

Food shall be obtained from sources approved by the appropriate regulatory authority having

jurisdiction over such food source and shall comply with all federal, state and city laws, rules, and

regulations related to food, the use of food, and food labeling.

(a) Frozen desserts. Frozen desserts shall be identiﬁed, manufactured, and sold in accordance

with Article 4-A of the State Agriculture and Markets Law or any successor statute.

(b) Meat. No meat shall be served or sold in a food service or non-retail food processing

establishment unless the meat is inspected and approved by the United States Department of

Agriculture or any other authorized government agency.

scallops, scallops with roe attached or mussels) shall be identiﬁed with the name and address

of the original shell stock processor, shucker-packer or repacker, and the foreign intrastate and

interstate identiﬁcation number issued pursuant to applicable law. Identiﬁcation tags shall be

retained on the premises for 90 days from the date the shellﬁsh was used, in accordance with

State Sanitary Code § 14-1.33 (b) or any successor provision. No tags are required to be kept for

shucked scallop abductor muscles.

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

(d) Exotic and game animals. Exotic animals not native to New York State and any game animals

served in food service establishments must be obtained from commercially regulated sources,

such as those described in regulations of the State Department of Agriculture and Markets found

at 1 NYCRR §271-2.2, or successor regulations.

(e) Labeling unpasteurized packaged juices.

(1) Deﬁnitions. For the purposes of this subdivision:

(A) Juice means the aqueous (water-based) liquid expressed or extracted from one or more

fruits or vegetables, purees of the edible portions of one or more fruits or vegetables, or

any concentrates of such liquid or purees.

(B) Packaged juice means juice that has been sealed in bottles or other containers.

(2) Labeling. Unpasteurized packaged juices prepared by a food service establishment for direct

sale to the establishment’s patrons must be labeled in accordance with §71.05(d) of this

Code so as not to be misbranded, and such label must include the following information:

(A) Food ingredients, using common names;

(B) Food additives, if any;

(D) “Use by” date;

(E) The statements: “WARNING: This product has not been pasteurized. It may contain

harmful bacteria that can cause serious illness, especially in children, elderly persons

and persons with weakened immune systems.” and “Must keep refrigerated.”

(3) Juice produced for wider distribution. Juice produced and/or packaged by any

establishment that is distributed at wholesale or to any persons other than the

establishment’s patrons must be produced and packaged in accordance with 21 CFR Part

120, or any successor regulations.

§81.05 Permit requirements; technical review and pre-permitting inspections for food service

establishments and non-retail food processing establishments.

(a) Permit required. Except as speciﬁed in this section, no person shall operate a food service

establishment or non-retail food processing establishment without a permit therefor issued by

the Commissioner.

(b) An operator of a food service establishment or non-retail food processing establishment

shall construct, equip, furnish, maintain and operate such establishment in compliance with this

Article and all other applicable federal, state and city laws, rules and regulations.

food processing establishment, or at any time thereafter where the Department determines

that the public health and safety requires a Departmental review of the physical plant of such

establishment, the Department may require such establishment to submit sketches or plans

showing the ﬂoor layout, equipment, plumbing, ventilation, refuse storage facilities, sewage

disposal facilities and similar information on a form acceptable to the Department. Submission

and review of plans shall not relieve the operator of such establishment or his or her successor

from meeting all requirements of this section.

(d) A food service or non-retail food processing establishment may not operate without a permit

for 21 days after submitting an application for a permit unless the Department has conducted an

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

inspection and approved issuance of a permit. If the Department does not make an inspection of

the establishment during this 21 day period, operations may commence without a permit on the

twenty-second day after submission of an application for a permit, and the establishment may

continue operating without being in violation of this section until such time as the Department

inspects the establishment and either approves issuance of a permit or issues an order to cease

operation for cause in accordance with this Code.

(e) A permit for a food service establishment or non-retail food processing establishment shall be

issued subject to the establishment being constructed, maintained and operated in compliance

with this Code, and not presenting a danger to the health or safety of the consumer or to the

public. The condition of the establishment, including its equipment, utensils, personnel, mode

of operation, surroundings, water supply, sewage disposal, waste handling, furnishings, food

and appurtenances, and, if applicable, past history of compliance or non-compliance, shall be

considered in determining whether its operation may be dangerous or detrimental to the public

health. If the pre-permitting inspection indicates that such conditions are unsatisfactory, the

operator shall be advised of the violations which prevent issuance of such permit.

(f) Religious, fraternal and charitable organizations which provide food services more often than

once a week shall obtain a permit pursuant to this Article; provided, however, that an organization

providing food service less frequently than once a week shall notify the Department in writing of

its intention to engage in such food service operations and shall obtain authorization from the

Department. Such authorization may be issued for a term not to exceed two years. The payment of

a fee for such authorization shall not be required. The provisions of this subsection shall not limit

in any way the right of the Department to take any actions necessary to protect the public health.

(g) Every person using or contracting for use of shared kitchen space and equipment shall obtain

a permit to operate a food service establishment unless such person is licensed or regulated

by the Commissioner of Agriculture and Markets pursuant to Article 20-C, or any successor

provision, of the Agriculture and Markets Law. However, a person holding a non-retail processing

establishment permit to operate a shared kitchen shall be responsible for maintaining the

condition of the establishment, its equipment, surroundings, water supply, waste handling,

furnishings and other appurtenances in accordance with this Code.

(h) No person operating a shared kitchen shall rent space or equipment in the shared kitchen to an

individual who intends to use the facility to prepare food for sale or service to the public and does

not have a currently valid food service establishment permit issued by the Commissioner, unless

such user is currently licensed or regulated by the Commissioner of Agriculture and Markets.

(i) Upon the request of the Department, the operator of a shared kitchen shall provide a copy of any

agreement between the operator and the user. Such agreement shall indicate the purpose of using

the shared kitchen, the type of food to be prepared, and the place where the food will be sold.

(j) A permit shall not be issued if the applicant or a principal of an entity applying for such has

been denied a permit on the basis of violations of this Code which could have resulted in the

suspension or revocation of a permit. A permit may be renewed, provided that the permittee

meets all requirements for renewal, the permit has not been revoked or suspended, and the

permittee has not been determined to have committed a violation that could be a basis for permit

revocation or suspension under this Article.

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

§81.06 Prevention of imminent or public health hazards.

(a) Additional requirements. Whenever necessary to prevent the occurrence or recurrence of imminent

or public health hazards the Department may, in speciﬁc instances, impose additional requirements

on an establishment. The Department shall describe in writing the terms and conditions of operation

that have been imposed, the reasons therefore, shall provide such document to the permit holder, and

shall maintain such document with the records of the Department.

(b) Hazard Analysis and Critical Control Point (“HACCP”) plans.

(1) To prevent the occurrence of an imminent or public health hazard, a HACCP plan shall be

prepared by a food service establishment or non-retail processing establishment whenever

such establishment prepares, processes, cooks, holds and stores foods in a manner other

than as speciﬁed in this Code or other applicable law.

(2) Whenever a HACCP plan is required, such plan shall be submitted to and approved by

the Department prior to its implementation, and shall thereafter be maintained at the

establishment and be made available to Department inspectors for review upon request.

(3) A HACCP plan shall include the following:

(i) Types and categories of foods to be addressed by the plan.

(ii) Food ﬂow diagram or plan identifying critical control points, specifying ingredients,

materials and equipment used in processing, and addressing the food safety concerns

identiﬁed at each such point.

(iii) Standard operating procedures for implementing the plan, including clearly identifying

each critical control point; method and frequency of monitoring and controlling each

critical control point by a foodworker trained in HACCP plan implementation who is

designated by the person in charge of food operations; and the method and frequency

whereby the person in charge of food operations routinely veriﬁes that the foodworker

is following standard operating procedures and the action to be taken by the

responsible foodworker if the critical limits for each critical control point are not met.

(iv) The critical limits for each critical control point, and the method and frequency for

monitoring and controlling critical limits at each critical control point by the designated

foodworker.

(4) Records/logs shall be maintained by the permittee for at least 90 days after consumption

of the food prepared pursuant to the HACCP plan to demonstrate that the HACCP plan has

been properly implemented.

service establishment’s HACCP plan shall be obtained prior to processing any potentially hazardous

food on the food establishment’s premises by means of reduced oxygen packaging methods, drying,

fermentation, curing or smoking food products. No HACCP plan is required for processes that are

conducted in accordance with the time and temperature requirements of §81.09 of this Article.

§81.07 Food; sanitary preparation, protection against contamination.

(a) Food protection. Food shall be free of and protected against contamination and shall be

manufactured, prepared, processed or packed using clean and sanitary utensils and equipment.

(1) Culinary sink. A dedicated single compartment culinary sink shall be provided and

used only for washing fruits, vegetables, meats, and aquatic animal foods prior to other

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

preparation. However, where no culinary sink is provided, foods may be washed in (i) a food

grade container or colander or (ii) one compartment of a multi-compartment sink. No sink

used for washing foods shall be used as a slop, utility or hand washing sink. All sinks used

for washing food shall be indirectly wasted, cleaned and sanitized prior to washing food,

and between washing raw meats and other foods.

(2) Prevention of cross-contamination. Food that will not be washed or cooked shall be

protected from cross-contamination from food which is required to be washed or cooked.

(3) Storage on ice or in water. Packaged food shall not be stored in direct contact with ice

or water if packaging allows the entry of water. Unpackaged food may only be in direct

contact with ice if stored in a container that drains, except that whole raw fruits, whole

or cut vegetables, and tofu, may be immersed in clean and sanitary ice or water held in a

container that does not drain.

(4) Washing raw fruits and vegetables. Raw fruits and vegetables shall be thoroughly washed

with potable water before cutting or serving.

(5) Storage of raw chicken and ﬁsh. Raw chicken and raw ﬁsh that are received in ice in shipping

containers may remain in such condition, provided the required cold holding temperature is

maintained, while being stored or awaiting preparation, display, service or sale.

(b) Packaging. Food packages, including hermetically sealed containers, shall be in good

condition so that food is not exposed to spoilage, ﬁlth or other contamination and remains

suitable for human consumption. Food packages that are swollen, leaking, rusted or otherwise

damaged shall be discarded or returned to their distributor. If such packages are to be returned

to their distributor, they shall be segregated from intact packages and clearly labeled “Do Not

Use” while stored at the establishment.

pasteurized liquid, frozen or dry eggs; or pasteurized dry egg products shall be kept and used.

No unpasteurized liquid, frozen or dry eggs shall be kept or used in the establishment.

(d) Food storage. Containers of food shall be stored at least six inches (14.24 centimeters) above

the ﬂoor, in a refrigerator or dry storage area, or at a greater height if necessary to permit cleaning

of the storage area. Potentially hazardous raw foods that are not properly packaged or in sealed

containers and that may leak or drip shall not be placed in storage above other foods.

(e) Food display.

(1) Containers. Food shall be displayed only in equipment such as cleanable containers,

cabinets, display cases or similar protective equipment that protects such food from

contamination.

(2) Protective shields. Self-service equipment shall have protective shields or guards to

prevent potential contamination of food.

(3) Quantities to be limited. The quantity of food displayed shall be minimized to that

necessary to meet immediate needs.

(f) Condiment storage. Condiments, seasoning, sugar and dressings shall be provided in individual

packages, protected dispensers or containers, or in the original container or pour-type dispensers.

(g) Ice for consumption. Ice for consumption shall be dispensed with scoops, tongs or other

utensils, or automatic self-service ice-dispensing equipment.

(h) Utensils. Food dispensing utensils equipped with handles must be provided for use by food

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

workers and for self-service in dispensing food and ice. Utensil handles must be of sufﬁcient

length to prevent bare hand contact with ready to eat potentially hazardous food. Between uses,

food dispensing utensils shall be stored in the food with the handle extended so that the handles

do not come into contact with food; kept clean and dry on a clean surface; kept in a dipper well

with running water at an adequate velocity and volume to remove food residue during intervals

between intermittent use; or kept in a container of water maintained at a temperature at or above

135 degrees Fahrenheit and changed at least every four hours and free from accumulated food

residue. When stored, all clean and sanitized utensils must be segregated from unclean utensils

and equipment to prevent contamination.

(i) Supplies and equipment placement. Supplies and equipment shall not be kept or stored under

or near any source of contamination, including but not limited to, exposed or unprotected sewer

lines. Equipment, unless easily movable, shall be sealed to the ﬂoor or raised on concrete or

smooth masonry platforms or elevated on legs to provide at least six inches of clearance between

the ﬂoor and the equipment.

(j) Bare hand contact prohibited. Food shall be prepared and served without bare hand contact

unless the food will be heated to at least the minimum temperature required under §81.09.

Convenient and suitable utensils, disposable food grade gloves, waxed paper or an equivalent

barrier shall be provided and used to prepare or serve food to eliminate bare hand contact and

prevent contamination. Gloves must be changed after handling raw foods, performing tasks that

do not involve food preparation or processing, handling garbage, or any other work where the

gloves may have become soiled or contaminated.

(k) Unpasteurized milk prohibited. Except in accordance with federal and state law, raw

unpasteurized milk, or any product made from such milk, shall not be served in any food service

establishment.

(l) Re-service of previously served food prohibited. Except for individually wrapped foods, where

the wrapper seal has not been broken or opened, food that has been served to the public shall not

be re-served.

(m) Animal slaughter prohibited. No live animals, except fresh or saltwater ﬁnﬁsh, crustaceans, or

mollusks, shall be slaughtered at any food service or non-retail processing establishment. Tanks

used to hold live ﬁsh or crustaceans intended for human consumption must be regularly cleaned

and kept free of dead ﬁsh and algae.

(n) Sausages. Sausages may be made at a food service establishment in accordance with §81.06

of this Article. Sausages made at a food service establishment shall not be sold at wholesale other

than at an establishment regulated and inspected by the United States Department of Agriculture.

(o) Drinking straws and other single service articles. Single service articles must be manufactured

from clean non-toxic materials. Such items shall not be reused and must be discarded after use.

Single service articles must be handled, transported, stored and dispensed in a manner that

protects the food-contact and mouth-contact surfaces of such articles from contamination.

Drinking straws shall not be offered to the consumer unless they are completely enclosed in a

wrapper or dispensed from a sanitary device.

(p) Microwavable plastic containers. Only containers that display one

of the following “microwave safe” icons, or the words “microwave-

safe,” or words to the effect that they are approved for use in

microwave ovens shall be used to heat food in a microwave oven.

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

(q) Non-essential persons restricted. Persons who are not essential to the food establishment

operations shall not be allowed in the food preparation, food storage or ware washing areas,

except that brief visits and tours may be authorized by the operator if steps are taken to ensure

that exposed food, clean equipment, utensils, linens, tableware, and unwrapped single-service

and single-use articles are protected against contamination.

(r) Unﬁt food to be denatured. Food that has become unﬁt for human consumption shall be

promptly denatured, its label defaced and the product marked condemned, and shall be kept

separate and apart from foodstuffs that are held or offered for sale. As used in this subdivision,

the term “denature” means to treat the food with a substance satisfactory to the Department that

alters the appearance or odor of the food such that the denatured food is clearly identiﬁed as

being inedible.

§81.08 Foods containing artiﬁcial trans fat.

(a) Artiﬁcial trans fat restricted. No foods containing artiﬁcial trans fat, as deﬁned in this section,

shall be stored, distributed, held for service, used in preparation of any menu item or served

in any food service establishment or by any mobile food unit commissary, as deﬁned in §89.01

of this Code or successor provision, except food that is being served directly to patrons in a

manufacturer’s original sealed package.

(b) Deﬁnition. For the purposes of this section, a food shall be deemed to contain artiﬁcial trans

fat if the food is labeled as, lists as an ingredient, or has vegetable shortening, margarine or any

kind of partially hydrogenated vegetable oil. However, a food whose nutrition facts label or other

documentation from the manufacturer lists the trans fat content of the food as less than 0.5

grams per serving, shall not be deemed to contain artiﬁcial trans fat.

commissaries shall maintain on site the original labels for all food products:

(i) that are, or that contain, fats, oils or shortenings, and

(ii) that are, when purchased by such food service establishments or mobile food unit

commissaries, required by applicable federal and state law to have labels, and

(iii) that are currently being stored, distributed, held for service, used in preparation of any

menu items, or served by the food service establishment, or by the mobile food unit

commissary.

(2) Documentation instead of labels. Documentation acceptable to the Department, from

the manufacturers of such food products, indicating whether the food products contain

vegetable shortening, margarine or any kind of partially hydrogenated vegetable oil, or

indicating trans fat content, may be maintained instead of original labels.

(3) Documentation required when food products are not labeled. If baked goods, or other food

products restricted pursuant to subdivision (a) of this section, that are or that contain

fats, oils or shortenings, are not required to be labeled when purchased, food service

establishments and mobile food commissaries shall obtain and maintain documentation

acceptable to the Department, from the manufacturers of the food products, indicating

whether the food products contain vegetable shortening, margarine or any kind of partially

hydrogenated vegetable oil, or indicating trans fat content.

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

§81.09 Potentially hazardous (time and temperature control for safety) foods.

(a) Holding and storage temperatures. Potentially hazardous food must be stored or held at

or below 41 degrees Fahrenheit (5 degrees Celsius) or at or above 140 degrees Fahrenheit (60

degrees Celsius) except as follows:

(1) Immediate service. Cooked and refrigerated food prepared for immediate service in

response to an individual consumer order may be served at any temperature.

(2) Eggs. Intact shell eggs must be stored at an ambient temperature of 45 degrees Fahrenheit

(7.2 degrees Celsius) or below.

(3) Processed ﬁsh. All processed ﬁsh products must be prepared and stored at a temperature

that does not exceed 38 degrees Fahrenheit (3.3 degrees Celsius) without interruption

until served to the ultimate consumer, provided, however, that:

(A) Processed ﬁsh that contains a water phase salt level of at least 17 percent shall not

require refrigerated storage; and

(B) Dry salted ﬁsh that contains a water phase level of at least 10 percent, salt water

activity of less than 0.85 Aw, or a pH of 4.6 or lower, must be held at refrigerated

temperatures that do not exceed 41 degrees Fahrenheit (5 degrees Celsius).

(4) Necessary preparation. Foods may be held out of temperature during active necessary

preparation. Active necessary preparation of food does not include time food is being

heated, cooled, cooked, reheated or stored and requires temperature control.

(5) Time as the sole public health control. When using time alone as a public health control in

accordance with §81.10 of this Article.

(b) Freezing and storage of ﬁsh to be served raw, raw marinated or undercooked.

(1) Freezing required. To destroy parasites in ﬁsh or ﬁsh products that are to be consumed raw,

undercooked or raw-marinated, an establishment must either purchase frozen ﬁsh or ﬁsh

products, or freeze ﬁsh or ﬁsh products prior to service as follows:

Minimum Freezing

Temperature

Minimum Storage

Temperature

Minimum Freezer

Storage Time

-4 degrees F (-20 degrees C) -4 degrees F (-20 degrees C) 168 hours (7 days); or

-31 degrees F (-35 degrees C) -31 degrees F (-35 degrees C) 15 hours; or

-31 degrees F (-35 degrees C) -4 degrees F (-20 degrees C) 4 hours.

(2) Exceptions to freezing requirement. Freezing is not required before serving raw or

undercooked:

(A) Molluscan shellﬁsh; or

(B) Tuna of the species Thunnus alalunga, Thunnus albacares (Yellowﬁn tuna), Thunnus

atlanticus, Thunnus maccoyii (Blueﬁn tuna, Southern), Thunnus obesus (Bigeye tuna),

Thunnus thynnus (Blueﬁn tuna, Northern); or

(i) Raised in open water in net-pens or in land-based operations such as ponds or tanks, and

(ii) Fed formulated feed, such as pellets, that contains no live parasites infective to the

aquacultured ﬁsh; or

(D) Fish eggs that have been removed from the skin and rinsed.

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

heated to 140 degrees Fahrenheit (60 degrees Celsius) or above for 15 seconds, except as follows:

(1) Poultry. Whole or ground poultry, poultry parts, all food containing poultry, poultry stufﬁng

and poultry stufﬁng containing meat must be heated so all parts of the food are at least

165 degrees Fahrenheit (73.9 degrees Celsius) for 15 seconds with no interruption of the

cooking process.

(2) Pork. Pork and food containing pork, other than whole pork roasts, and ground and

comminuted pork, must be heated so all parts of the food are at least 150 degrees

Fahrenheit (65.6 degrees Celsius) for 15 seconds, unless otherwise ordered by the

consumer.

(3) Whole meat roasts. Roast beef, beef steak, corned beef, lamb roasts, pork and cured pork

roasts must be heated to and cooked at the following minimum temperatures for the

corresponding time:

Temperature

°F (°C)

Cooking Time

in Minutes

Temperature

°F (°C)

Cooking Time

in Minutes

130 (54.4) 112 138 (58.9) 18

131 (55.0) 89 140 (60.0) 12

133 (56.1) 56 142 (61.1) 8

135 (57.2) 36 144 (62.2) 5

136 (57.8) 28 145 (62.8) 4

(4) Ground and comminuted meat. Ground meats and comminuted meat products, other than

poultry, and food containing ground meat must be heated so that all parts of the food are

at least 158 degrees Fahrenheit (69.4 degrees Celsius) with no interruption of the cooking

process, unless otherwise ordered by the consumer.

(5) Stufﬁngs and mechanically tenderized and injected meats. Stuffed meats, stuffed ﬁsh,

stuffed ratites and stufﬁng containing ratites and ﬁsh, must be heated to a temperature of

at least 165 degrees Fahrenheit (73.9 degrees Celsius) with no interruption of the cooking

process, unless otherwise ordered by the consumer. Meats whose exterior surface has

been mechanically tenderized or injected by breaking, puncturing, or scoring must be

heated to a temperature of at least 155 degrees Fahrenheit (68 degrees Celsius).

(6) Shell eggs and egg products. Unpasteurized raw eggs or foods containing unpasteurized

raw shell eggs, including but not limited to, drinks, condiments, dressings, desserts and

sauces, must be heated to 145 degrees Fahrenheit (62.8 degrees Celsius) or greater for

15 seconds, unless the consumer requests preparation of shell eggs in a style such as

raw, poached or fried which in order to comply with the request must be prepared at a

temperature less than 145 degrees Fahrenheit.

(7) Microwaving. Raw animal foods cooked in a microwave oven must be covered during

cooking; rotated or stirred during cooking to a temperature of at least 165 degrees

Fahrenheit (73.9 degrees Celsius); and allowed to stand covered for 2 minutes after cooking.

(8) Advisory for raw, undercooked foods. When menu items containing raw or undercooked

eggs, meat, ﬁsh or other potentially hazardous foods including but not limited to steak

tartare, rare duck breasts, uncooked dessert mousse, Caesar salad dressing, sashimi,

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

and ceviche or any other raw or undercooked seafood, are served, the consumer advisory

required by §81.11 of this Article must be provided.

(d) Reheating previously cooked food. Potentially hazardous food that is cooked, cooled and

reheated for hot holding must be reheated so that all parts of the food reach a temperature of at

least 165 degrees Fahrenheit (73.9 degrees Celsius) for 15 seconds. The minimum temperature

of 165 degrees Fahrenheit (73.9 degrees Celsius) must be reached within 2 hours of commencing

reheating. Reheated food must be held at or above 140 degrees Fahrenheit (60 degrees Celsius)

until served.

(1) Microwave reheating. Food reheated in a microwave oven must be covered during heating;

food must be rotated or stirred during heating, or otherwise manipulated according to label

instructions, if provided, and must be reheated to a temperature of at least 165 degrees

Fahrenheit (73.9 degrees Celsius) and allowed to stand covered for 2 minutes after reheating.

(2) Heating commercially processed foods. Commercially processed precooked potentially

hazardous food in hermetically sealed containers and precooked potentially hazardous

food in intact packages from non-retail food processing establishments must be heated

to 140 degrees Fahrenheit (60 degrees Celsius) within 2 hours of removal from container or

package and held at such temperature until served.

(e) Cooling.

(1) After cooking or removal from hot holding. Foods removed from cooking or hot holding

that require refrigeration must be rapidly cooled from 140 degrees Fahrenheit (60 degrees

Celsius) to 70 degrees Fahrenheit (21.1 degrees Celsius) within 2 hours and from 70 degrees

Fahrenheit (21.1 degrees Celsius) to 41 degrees Fahrenheit (5 degrees Celsius) within 4

hours after cooking or removal from hot holding by placing containers of food in an ice

bath, a rapid chill unit or adding ice to the food, and

(A) Placing the food in shallow pans or containers (less than 4 inches in height); and/or

(B) Dividing foods into smaller or thinner pieces or portions; and/or

(D) Stirring foods that are liquids or semi-liquid, and

(E) Arranging containers in cooling equipment to provide maximum heat transfer through

container walls, not stacking or nesting; and

(F) Keeping containers loosely covered, or uncovered if protected from overhead contamination

during the cooling period, to facilitate heat transfer from the surface of the food.

(2) Other cooling. Potentially hazardous foods removed from cold holding or prepared from or

combined with ingredients at room temperatures must be cooled to 41 degrees Fahrenheit

(5 degrees Celsius) or below within 4 hours of preparation using cooling methods described

in paragraph (1) of this subdivision.

(f) Thawing frozen foods. Potentially hazardous food must be thawed as follows:

(1) In refrigerated facilities at a temperature not to exceed 41 degrees Fahrenheit (5 degrees

Celsius); or

(2) Completely submerged under potable running water at a temperature of 70 degrees

Fahrenheit (21.1 degrees Celsius) or below, with sufﬁcient water velocity to agitate and

ﬂoat off loose particles into the overﬂow; or

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

(3) In a microwave oven when the food will be immediately transferred to other conventional

cooking equipment as part of a continuous cooking process, or when the entire

uninterrupted cooking process takes place in the microwave oven; or

(4) As part of the conventional cooking process, without interruption.

(5) Whole frozen poultry, other than a single portion intended for service to an individual

consumer, must be completely thawed prior to conventional cooking; a single portion may

be thawed during the cooking process.

(g) Thermometers and other temperature measuring devices. Establishments must provide

devices such as thermometers and thermocouples to measure internal temperatures of

potentially hazardous foods during cooking, cooling, reheating, hot holding and cold holding.

Such devices must be properly calibrated to plus or minus 2 degrees Fahrenheit (1.1 degrees

Celsius), made from food grade materials that will not expose food to contamination and be kept

readily accessible in the establishment’s food preparation and hot and cold holding areas.

§81.10 Time as a public health control; exception to required holding temperatures of potentially

hazardous (temperature control for safety) foods.

(a) Use of time controls. Food service establishments may use time as the sole public health

control, rather than using time in conjunction with temperature, for holding potentially hazardous

foods, only in accordance with the provisions of this section. Such foods shall not be returned to

temperature control at any time with the intent to extend their use.

(1) Initial temperatures. Potentially hazardous foods shall be at an initial temperature at

or below 41 degrees Fahrenheit (5 degrees Celsius) when removed from cold holding

temperature control, or at or above 140 degrees Fahrenheit (60 degrees Celsius) when

removed from hot holding temperature control.

(2) After cold holding. Ready-to-eat foods and other potentially hazardous foods removed

from cold holding temperatures may be kept for a maximum of six hours without further

temperature control provided that at four hours the food has not reached or exceeded

an internal temperature of 70 degrees Fahrenheit (21 degrees Celsius). If such food has

reached or exceeded an internal temperature of 70 degrees Fahrenheit (21 degrees Celsius)

it shall be discarded immediately.

(3) After hot holding. Potentially hazardous foods removed from required hot holding

temperatures may be held at ambient temperatures for no more than four hours after

removal from temperature control.

(4) Tomatoes. Time as a public health control may be used when slicing whole tomatoes

previously held at ambient temperature, and the sliced tomatoes may be held for no more

than four hours, and then discarded if not used or consumed.

(5) Holding limits. Food shall not be held out of temperature control any longer than provided

in paragraphs (2), (3) and (4) of this subdivision and must, by when the respective allowable

period of time has passed, either be discarded or served.

(b) Labeling. All foods removed from temperature control in accordance with this section shall be

labeled or marked as follows:

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

(1) Four hour labeling. Food to be held for up to four hours shall be labeled or marked at

the time it is removed from temperature control with the date and time of removal,

temperature at time of removal, and the discard time, four hours after removal from

temperature control, when such food shall be discarded if not served.

(2) Six hour labeling. Food to be held for up to six hours shall be labeled or marked at the

time it is removed from cold temperature control with the date and time of removal,

temperature at time of removal, the time and temperature, measured four hours after

removal from temperature control, and the time, six hours after removal from temperature

control, when such food shall be discarded if not served.

(3) Labels to be kept. Labels or marked containers shall be legibly marked and labels and

markings must be kept on food containers until foods have been served or discarded.

public health control, and §81.09 shall remain applicable as follows:

(1) Holding raw eggs prior to using such eggs in food prepared for (i) persons who may be

at higher risk for food-borne illnesses, such as immunocompromised persons including

residents or clients of senior centers, charitable feeding programs, adult day care

programs, custodial care and health care facilities, and assisted living programs; (ii) infants

and children attending summer camps, child day care and pre-school programs; and (iii)

pupils in primary and secondary schools.

(2) Preparation and holding of ready-to-eat potentially hazardous foods sold by or in (i) mobile

food vending units; (ii) food vending machines; (iii) temporary food service establishments

operating in accordance with Article 88 of this Code; or (iv) self-service salad bars or

buffets.

(3) Preparation and holding of potentially hazardous foods consisting of smoked or vacuum-

packed food products.

(d) Violations.

(1) §81.09 violations. An establishment shall be in violation of §81.09 of this Code if the

Department ﬁnds that, while using time as a public health control, the establishment (i)

has not discarded food after the times speciﬁed in this section; or (ii) has not labeled or

marked food as speciﬁed in this section.

(2) §81.07 violations. Food shall be deemed contaminated and an establishment shall be

in violation of §81.07 (a) of this Code if the Department ﬁnds that while using time as a

public health control, (i) cold potentially hazardous foods labeled for six hour holding are

measured at or above temperatures of 70 degrees Fahrenheit (21 degrees Celsius) after

removal from cold temperature control or (ii) is returned to temperature control instead of

being discarded.

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

§81.10 Table 1. Summary of procedures for using time as a public health control.

§81.11 Consumer advisory: serving raw or undercooked foods.

(a) Written consumer advisory. Effective January 1, 2016, when meat, ﬁsh, molluscan shellﬁsh, or

unpasteurized raw shell eggs are offered alone or as an ingredient in other foods, and are either raw

or heated to a temperature below that required by this Code, written notice must be provided to

consumers of the increased risk of food borne illness from eating such raw or undercooked foods.

(1) The statement “Consuming raw or undercooked meats, poultry, seafood, shellﬁsh, or eggs

may increase your risk of foodborne illness” must appear on menus, menu boards, brochures,

signage, food labels, table tents, or placards, with either:

(A) A description or identiﬁcation of the speciﬁc foods being served raw or undercooked,

such as “oysters on the half shell (raw oysters),” or “raw-egg Caesar salad dressing,” as

applicable; or

Summary of Procedures for Using Time as a Public Health Control

Removal

From:

Maximum Time

out of Holding

Temperature

When to Measure

Temperature

What to Note on

Required Labels

When to Discard

Cold holding

at or below

41°F (5°C)

6 hours When removed

from cold holding,

and, at 4 hours

after removal

The date, time

and temperature

when removed

from cold holding,

and,

The time and

temperature

4 hours after

removal, and

The time to discard,

serve, or cook

If temperature is

over 70°F (21° C)

at 4 hours after

removal or if

not served within

6 hours

Hot holding

at or above

140° F (60° C)

4 hours When removed

from hot holding

The date, time

and temperature

when removed

from hot holding,

and,

The time 4 hours

after removed

from hot holding.

This is the time

when the food

must be cooked,

served, or

discarded

If not served

within 4 hours

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

(B) Noted by an asterisk or other mark next to the listed food item on a menu or menu

board with a footnote that references the statement in paragraph (1) of this subdivision.

foodborne illness when serving raw or undercooked foods. Such warning may be given

orally and need not be in writing.

(b) Limitations on service. Raw or undercooked meat, eggs, ﬁsh or molluscan shellﬁsh, either

alone, or as an ingredient in other menu items shall not be served in facilities that primarily serve

persons who may be at a higher risk for food borne illnesses. Such facilities include those serving

immunocompromised persons, senior centers, charitable feeding programs, custodial care

facilities, hospitals and health care facilities, as deﬁned in Article 28 of the Public Health Law or

successor law; adult day care and assisted living programs; child care, children’s camps and pre-

school programs; and elementary and secondary schools.

§81.12 Reduced oxygen packaging; cook chill and sous vide processing.

(a) Scope and applicability. A food service establishment may package and process food using

reduced oxygen packaging (“ROP”), as deﬁned in §81.03 of this Code, in accordance with this

section, provided that the food being processed shall have at least two controls in place,

including but not limited to time, temperature, Aw or pH, to prevent the growth and formation of

C. botulinum or Listeria monocytogenes.

(b) Approved Hazard Analysis and Critical Control Point (HACCP) plan required. A food service

establishment shall not utilize ROP processes without obtaining prior Department approval of a

Hazard Analysis and Critical Control Point (HACCP) plan. The establishment shall submit to the

Department its HACCP plan that conforms to §81.06(c) of this Article for each food item or food

category it intends to prepare using a ROP processing technique.

prepared and consumed on the premises of the food service establishment, or off premises if

the preparation site is properly permitted and wholly owned and operated by the same business

entity as the food service establishment, and no ROP food products shall be sold or distributed to

any other business entities or consumers.

(d) Speciﬁc requirements. Foods shall be:

(1) Placed in an ROP package or ROP bag before cooking, or placed in a package or bag

immediately after cooking and before reaching an internal temperature below 140 degrees

Fahrenheit (60 degrees Celsius).

(2) Cooked immediately to require minimum internal temperatures speciﬁed in §81.09 of this

Article or held at a speciﬁed temperature and time approved by the Department in the

HACCP Plan. However, if such food has an Aw of 0.91 or less; has a pH of 4.6 or less; is a

meat or poultry product cured at a food processing plant regulated by the United States

Department of Agriculture using substances speciﬁed in 9 CFR 424.21, or successor

regulation, and is received in an intact package; or is a food with high level of competing

organisms such as raw meat or raw poultry, it may be held at 38 degrees Fahrenheit (2.2

degrees Celsius) without being cooked for no more than 14 calendar days, and shall be

discarded thereafter.

(3) Protected from contamination after cooking as speciﬁed in §81.07 of this Article.

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

(4) Cooled so that every part of the ROP package is reduced from 140 degrees Fahrenheit (60

degrees Celsius) to 70 degrees Fahrenheit (21.1 degrees Celsius) within two (2) hours and

to 41 degrees Fahrenheit (5 degrees Celsius) or below within four (4) additional hours and

subsequently:

(i) Cooled to 34 degrees Fahrenheit (1 degree Celsius) within 48 hours of reaching 41

degrees Fahrenheit (5 degrees Celsius) and held at that temperature until consumed or

discarded within 30 days after the date of packaging;

(ii) Cooled to 34 degrees Fahrenheit (1degree Celsius) within 48 hours of reaching 41

degrees Fahrenheit (5 degrees Celsius), removed from refrigeration equipment that

maintains a 34 degree Fahrenheit (1 degree Celsius) food temperature and then held at

41 degrees Fahrenheit (5 degrees Celsius) or less for no more than 72 hours, at which

time the food shall be consumed or discarded;

(iii) Cooled to 38 degrees Fahrenheit (3 degrees Celsius) or less within 24 hours of reaching

41 degrees Fahrenheit (5 degrees Celsius) and held there for no more than 72 hours

from packaging, at which time the food shall be consumed or discarded; or

(iv) Celd frozen with no shelf life restriction while frozen until consumed or used.

(5) Held in a refrigeration unit that is equipped with an electronic system that continuously

monitors time and temperature and is visually examined for proper operation twice daily.

(6) Labeled with the product name, date packed, and dates to be discarded, and stored in

accordance with a “First-in” “First out” storage rotation procedure, in accordance with the

HACCP plan.

(e) Aquatic animals. Except for aquatic animals that are frozen before, during, and after

packaging, a food establishment may not package aquatic animals using an ROP method.

(f) Cheese. A food service establishment may package cheese using an ROP method provided that

it limits the cheeses packaged to those commercially manufactured in a food processing plant

with no ingredients added by the food establishment, and provided the cheese meets the United

States Food and Drug Administration standards of identity speciﬁed in 21 CFR §133.150 (“Hard

cheeses”); 21 CFR §133.169 (“Pasteurized process cheese”); and 21 CFR §133.187 (“Semisoft

cheeses”), or successor regulations. The “use by” date of cheese shall not exceed 30 days after

packaging, or the original manufacturer’s “sell by” or “use by” date, whichever occurs ﬁrst.

(g) Equipment. All equipment used in ROP processing shall be approved by the Department and shall

comply with all speciﬁcations for equipment in this Article, and the following additional criteria:

(1) Thermometers used in cook chill or sous vide cooking methods shall be food grade

thermocouple type, equipped with probe, with a temperature range of -40 degrees

Fahrenheit (-40 degrees Celsius) to 212 degrees Fahrenheit (100 degrees Celsius),

and shall not contain glass or any parts that can easily fall into food. Thermometers

shall be calibrated before each batch process, and at other times in accordance with

manufacturers’ instructions and whenever calibration could have been compromised by

extreme temperatures or after being accidentally dropped.

(2) ROP products that are transported off site to a satellite location of the same business

entity shall be kept in containers equipped with veriﬁable monitoring devices enabling

monitoring of time and temperature and kept at temperatures no higher than 38 degrees

Fahrenheit (3.3 Celsius) during transportation. Such products or containers shall be

labeled with the product name, date packaged, and discard date.

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

(3) Sous vide processed foods shall be cooked in an approved water immersion unit or

combination oven (an oven combining convection and added moisture) that can be

equipped with an electronic system that continuously monitors time and temperature, and

is visually examined for proper operation twice daily. At least one item of each type of food

of similar size cooked in a water immersion or combination oven shall have its internal

temperature monitored to determine if the food is being cooked to the temperatures

required by §81.09 of this Article.

(4) Sous vide cooking equipment shall include a thermal bath and immersion circulator or

a combination oven. The thermal bath and immersion circulator shall be a commercial

type able to heat water to precise temperatures. The immersion circulator or combination

oven shall be equipped with a temperature controller, temperature sensor, heater, and

circulating element, and continuous temperature recorder and display accurate to one

tenth of a degrees, capable of recording temperatures between 32 degrees Fahrenheit (0

degrees Celsius) and 212 degrees Fahrenheit (100 degrees Celsius), and large enough to

enable complete immersion of the largest piece of food.

(5) ROP processors shall utilize a chamber type vacuum packaging machine with a pump able

to achieve a ﬂow rate of 10m3 per hour and capable of heat sealing the food storage bag to

maintain the vacuum, or other commercial grade vacuum packaging equipment as approved by

the Department in the establishment’s HACCP plan or as determined on inspection.

(6) Cook chill processors shall utilize an ice bath or a NSF approved blast or tumble chiller

that can lower temperatures of food from 185 degrees Fahrenheit (85 degrees Celsius) to

32-38 degrees Fahrenheit (0-3.3 degrees Celsius) within two hours, and is equipped with

a factory installed temperature monitoring device and alarm system. If a tumble chiller is

used, the associated ice builder must meet the sanitary requirements of this Article.

(7) Cook chill processors shall utilize a commercial type stainless steel NSF approved cook

tank or steam kettle with an agitation mechanism, and factory installed temperature

monitoring devices, or other cooking equipment approved by the Department in the

establishment’s HACCP plan or as determined on inspection.

(8) All cook chill bags (casings) shall be made of food grade plastic, able to withstand

temperatures of 212 degrees Fahrenheit (100 degrees Celsius) to -20 degrees Fahrenheit

(-28.8 degrees Celsius) and rapid temperature change from 185 degrees Fahrenheit (85

degrees Celsius) to 34 degrees Fahrenheit or below (1 degree Celsius).

§81.13 Food workers: health; hygienic practices. All food workers shall use hygienic practices

and maintain personal cleanliness.

(a) Work restriction. No person shall work or shall be knowingly or negligently permitted to work

in a food service establishment while afﬂicted with a boil or infected wound and unless he or

she is free from acute, infectious diarrhea, amebiasis, cholera, cryptosporidiosis, diphtheria, E.

coli 0157:H7, giardiasis, hepatitis A, poliomyelitis, salmonellosis, shigellosis, streptococcal sore

throat (including scarlet fever), superﬁcial staphylococcal infection, tuberculosis, typhoid, or

yersiniosis and is not a carrier of organisms causing the above conditions or other disease listed

in §11.03 in a communicable form and unless the period of isolation or exclusion prescribed by

Article 11 of this Code has ended.

(b) Hair restraints. Food workers shall wear caps, hats, hair nets or other hair coverings to

effectively keep hair from contaminating food or food contact surfaces. This requirement shall

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

not apply to counter staff, bartenders, baristas, hosts or wait staff when they are preparing or

serving beverages or serving food.

All food workers shall wear clean, washable outer garments when starting work

and shall replace such garments with clean clothing as often as necessary thereafter to prevent

contamination of food or food contact surfaces from soiled or contaminated clothing.

(d) Hand washing. Food workers and other employees shall wash hands and exposed areas of

arms thoroughly with soap and water before starting work and as often as necessary to remove

soil and any substance that might lead to contamination. Thereafter, hands shall be washed

thoroughly after using the toilet, smoking, or using electronic cigarettes, sneezing, coughing,

eating, drinking or when otherwise soiling hands before returning to work. When gloves are used

as a barrier to protect ready-to-eat food from bare hand contact, hands shall be washed before

gloves are put on.

(e) Fingernails. Food workers shall keep their ﬁngernails trimmed, ﬁled, and maintained so the

edges and surfaces are cleanable and not rough, and unless wearing intact gloves in good repair,

shall not wear ﬁngernail polish or artiﬁcial ﬁngernails when working with exposed food.

(f) Jewelry. Except for medical alert bracelets or a ring that is smooth and without crevices, such

as a wedding band, food workers may not wear jewelry on their arms or hands.

(g) Smoking. Food workers shall not smoke any substance, use tobacco in any form or use

electronic cigarettes in any indoor or outdoor area of the premises used by a food service

establishment.

(h) Eating and drinking. Food workers shall not eat or drink in food preparation or other areas

where food, equipment, and utensils may be exposed to contamination, except that a food worker

may drink from beverages in closed containers.

(i) No spitting allowed. Spitting anywhere in the establishment is prohibited.

§81.15 Food protection course.

(a) Food protection certiﬁcate required. No person who is charged with the management or

supervision of the operations of a food service establishment or non-retail food processing

establishment shall engage or be employed in such capacity unless he or she obtains a

certiﬁcate issued by the Department subsequent to successful completion of a course in food

protection, and passage of an examination administered by the Department. No person required

to have a license issued pursuant to §89.03(b) of this Code shall be issued such license unless he

or she obtains such a certiﬁcate. A person holding such certiﬁcate shall be on the premises and

shall supervise all food preparation activities during all hours of operation.

(b) Certiﬁcate available for inspection. Such certiﬁcate shall be available for inspection at all

times by the Department.

food protection courses, or any part thereof, or approve courses conducted by others. Persons

electing to enroll in such courses conducted by the Department may be charged a reasonable fee

to defray all or part of the costs incurred by the Department for course registration, materials,

training, testing and certiﬁcate issuance. Persons who supervise food service operations for

a religious, fraternal or charitable organization that is open to the public for the purpose of

providing food to the needy, free of charge will not be charged a fee for a food protection course

conducted by the Department.

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

(d) Additional food protection certiﬁcate holders; retaking courses. In addition to the manager

or supervisor of food operations, the Department may require the permittee, any persons

supervising one or more speciﬁc food operations or the current holder of a food protection

certiﬁcate in any food service establishment to complete a course when the Department ﬁnds

imminent health hazards, or a food borne illness outbreak implicates food prepared or processed

under the supervision of such person, or when the Department determines that such a course is

necessary to acquaint a supervisor with current developments in food protection principles, or

when otherwise deemed necessary by the Department for the protection of the public.

(e) Photographs required. Two (2) full-face photographs shall be taken by the Department

when an applicant registers for such course or applies for such certiﬁcate. One photograph

shall be afﬁxed to the certiﬁcate of completion and the other maintained in the records of the

Department.

§81.17 General requirements: design, construction, materials and maintenance.

(a) Use of residential premises prohibited.

(1) No food service or non-retail food processing establishment permit shall be issued for, and

no food service or non-retail processing establishment shall be located in, a private home

or apartment.

(2) Food shall not be processed, prepared, packed or stored in a private home or apartment

except in accordance with §251-2-4 of the Agriculture and Markets Law and 1 NYCRR

§276.4, or successor provisions, and no part of any food service establishment shall be

located in any rooms used for dwelling or sleeping purposes.

(b) Size of establishments and work areas.

(1) Size. Adequate space shall be provided for conduct of operations and to enable thorough,

regular cleaning, maintenance, and inspection of all areas of an establishment, including

but not limited to those used for food preparation, ware washing, storage, dining, and

garbage and waste holding and disposal.

(2) Work spaces. All work and storage areas shall have unobstructed aisles and working

spaces of sufﬁcient width to permit employees to perform their duties readily and without

contaminating food or food-contact surfaces.

(3) Dressing areas. Dressing and locker areas shall not be located in food preparation, storage

or ware washing areas.

shall be of sufﬁcient strength and thickness to withstand ordinary establishment usage and to

permit cleaning and sanitizing. Equipment shall be installed ﬂush with and sealed to the ﬂoor,

or raised a minimum of six inches above the ﬂoor, or easily moveable to allow accessibility for

cleaning on all sides, above and underneath the equipment. All equipment shall be maintained in

working order.

(d) Food contact surfaces. Food contact surfaces of utensils and equipment shall be constructed

of food grade materials, shall not be painted, and shall not contain lead, cadmium or any other

substance that is toxic or may react with food, cleaning or sanitizing materials to form harmful

compounds, or render food unwholesome or detrimental to health, and shall not impart any odor,

color or taste to food.

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

(1) Surfaces to be easily cleanable, sanitized and maintained. An establishment shall not use

equipment, utensils or containers that are chipped, cracked, rusted, corroded, worn or in

a condition where food and debris cannot be removed and such items cannot be easily

cleaned and sanitized. Surfaces that come into contact with food such as cutting blocks

and boards that are subject to scratching and scoring must be replaced or resurfaced if

they can no longer be effectively cleaned and sanitized. Food and other debris must be

removed from such surfaces and surfaces must be washed and sanitized as needed to

prevent contamination.

(2) Food grade lubricants. Establishments shall use food grade lubricants approved by the United

States Food and Drug Administration to lubricate equipment. Such lubricants shall not leak or

contact food or food contact surfaces. An establishment shall select and use equipment that

requires only the use of simple tools for disassembly to encourage and facilitate cleaning and

sanitizing of equipment. Such tools shall include, but not be limited to, mallets, screwdrivers,

and open-end wrenches that are kept readily available near the equipment.

(3) Cleaned in place equipment. Equipment designed for in-place cleaning by the circulation

or ﬂowing by mechanical means through a piping system shall be constructed so that

cleaning and sanitizing solutions circulate through an effective ﬁxed system that allows

such solutions to contact all interior food-contact surfaces, and so that the system is self-

draining or can be completely evacuated.

(4) Cleaning and polishing food contact surfaces. No substance containing any cyanide

preparation shall be used for cleaning or polishing copper, nickel, silver, silver plated ware

or any utensils or appliances used in preparation or service of food. Cleaning and polishing

formulations shall be used in accordance with the manufacturer’s instructions so that

such substances do not contaminate food.

(5) Approved sanitizers. Only chemical sanitizers and antimicrobial agents approved by the U.S.

Environmental Protection Agency shall be used to clean food and food contact surfaces.

(e) Non-food contact surfaces.

(1) Floors. Floors, ﬂoor coverings, and materials used to repair ﬂoors of food storage, food

preparation, utensil washing areas, walk-in refrigerating units, dressing rooms, locker

rooms, lavatories and rest rooms shall be constructed of a hard, smooth, durable, non-

absorbent and easily cleanable material and shall be kept clean, without cracks, holes

or gaps or other unintended openings at ﬂoor and wall junctions or around plumbing

pipes and ﬁxtures. Carpeting is prohibited on ﬂoors in food preparation areas. Mats and

duckboards shall be designed to be removable and easily cleanable.

(2) Walls and ceilings. Walls, ceilings, doors, panels, windows, and other interior components

of rooms, and equipment such as walk-in refrigerators, and the materials used to repair

such components shall be smooth and non-absorbent, constructed of hard, impermeable,

light colored materials, and shall be easily cleanable, kept clean and without cracks,

holes or gaps or other unintended openings at ﬂoor, wall and ceiling junctions or around

plumbing pipes and ﬁxtures. Exposed utility service lines and pipes shall be installed so

they do not obstruct or prevent cleaning of the ﬂoors, walls, or ceilings.

(3) Equipment and ﬁxtures. Equipment and ﬁxtures, including but not limited to, light ﬁxtures,

vent covers and hoods, fans, ducts, and decorative materials shall be easily cleanable, and

kept clean and in working order.

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

(f) Transporting food. Vehicles and other conveyances used for the transportation of food by

an establishment shall be kept clean, sanitary, and free of pests, and shall have sufﬁcient

equipment in operating condition to maintain temperatures required by this Code for holding

potentially hazardous foods.

(g) Toxic materials and hazardous substances: restrictions, labeling and storage. Toxic materials

and other hazardous substances, as deﬁned in Article 173 of this Code, must be used only when

required to maintain sanitary conditions and in accordance with label directions.

(1) Labels. Containers of such substances must be prominently labeled in accordance with

applicable law and substances applied and removed without creating any risk to the health

of any persons and without contaminating food, equipment, utensils and supplies.

(2) Storage. Toxic and hazardous materials are to be stored in designated storage areas in

which food, equipment and utensils are not stored. Bactericides and cleaning compounds

shall not be stored with insecticides, rodenticides or other toxic materials. Insecticides

and rodenticides are to be kept in their original containers.

(3) Toxic residues. Bactericides, cleaning compounds or other compounds used on food

contact surfaces must be rinsed and removed in accordance with label directions so as not

to leave any toxic residues.

(4) Phenolic compounds. Phenolic compounds may not be used for sanitizing food contact

surfaces.

(5) Medications. Medicinal ﬁrst-aid supplies and medications must be kept in non-food

storage areas in a manner that does not create a risk of food contamination.

§81.18 Cold and hot storage and holding facilities.

A food service establishment shall have adequate refrigeration and hot holding and storage

facilities for the proper storage, transportation, display, and service of potentially hazardous

foods. Speciﬁc refrigeration and hot holding and storage needs shall be based upon the menu,

number of meals, frequency of delivery, and preparation in advance of service.

(a) Refrigeration. Refrigerators shall be capable of maintaining and shall maintain potentially

hazardous foods at or below 41 degrees Fahrenheit (5 degrees Celsius) at all times. Food preparation

procedures should be conducted so that refrigerators are opened on only a limited basis.

(1) Shelving. Shelving for walk-in and reach-in refrigeration units shall be made of food grade

material that is smooth and easily cleanable.

(2) Air circulation and cooling ability. Air circulation within refrigeration units shall not be

obstructed and shall allow for an even and consistent ﬂow of cold air throughout the units.

Fans circulating air within refrigeration units shall be kept clean, dust free, and in working

condition. Gaskets shall be kept clean and intact and shall be replaced as needed so that

refrigeration units may maintain food at required temperatures.

(3) Thermometers. Refrigeration units shall have numerically scaled or digital indicating

thermometers, calibrated to be accurate to (+) or (-) 2 degrees Fahrenheit. The

thermometer shall be placed to measure air temperature in the warmest part of the unit.

(4) Placement. Refrigeration units, unless speciﬁed by the manufacturer and designed for

such use, shall not be located directly adjacent to cooking equipment or other high heat

producing equipment which may tax the cooling system’s operation.

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

(5) Walk-in refrigerator ﬂoors. Walk-in refrigerator ﬂoors that are water-ﬂushed for cleaning or

that receive discharge of liquid waste or excessive melt water, shall be non-absorbent and

sloped to drain.

(6) Outdoor walk-in refrigerators. Refrigerators located outdoors shall be kept clean, locked,

secure, and in operating condition, and shall not permit entry or harborage of pests.

(b) Hot holding. Hot holding and storage equipment shall be capable of maintaining and shall maintain

potentially hazardous foods at or above 140 degrees Fahrenheit (60 degrees Celsius) at all times.

(1) Thermometers. Hot holding units shall have numerically scaled or digital indicating

thermometers, calibrated to be accurate to (+) or (-) 2 degrees. The thermometer shall be

placed to measure air temperature in the coolest part of the unit.

§81.19 Lighting and ventilation.

(a) Lighting. Sufﬁcient artiﬁcial light shall be provided so that operations and cleaning are

conducted safely, and food workers are able to recognize the condition of food, equipment,

utensils, and supplies. Artiﬁcial lighting shall be provided as follows:

(1) At least 540 lux (50 foot candles) at surfaces where food workers are preparing and

processing food and working with utensils or equipment such as knives, slicers, grinders,

or saws;

(2) At least 215 lux (20 foot candles) at surfaces where food is provided for consumer self-

service such as buffets and salad bars; inside equipment such as reach-in and under-

counter refrigerators; and at a distance of 30 inches (75 centimeters) above the ﬂoor in

areas used for hand washing, ware washing, and equipment and utensil storage, and in

toilet rooms; and

(3) At least 108 lux (10 foot candles) at a distance of 30 inches (75 centimeters) above the

ﬂoor, in walk-in refrigeration units and dry food storage areas and in other areas and rooms

during periods of cleaning.

(b) Lighting to be shielded. All artiﬁcial lighting ﬁxtures including infrared or other heat lamps

located over, by or within food storage, preparation, service or display facilities, and facilities

where utensils and equipment are cleaned and stored, which may shatter due to extreme heat,

temperature changes or accidental contact and may contaminate food upon shattering, shall

be ﬁtted with light bulbs that are coated with a shatterproof sealant or otherwise rendered

shatterproof or shall be shielded and encased, with end caps or other devices, to prevent broken

glass from falling into food or onto food-contact surfaces.

heat, steam, condensation, vapors, odors, smoke, and fumes.

(1) Mechanical ventilation shall be installed in rooms where odors, vapors or fumes originate.

(2) Ventilation hoods and devices shall be constructed and installed to prevent grease or

condensation from collecting on walls or ceilings and from dripping into food or onto food-

contact surfaces.

(3) Intake and exhaust ducts shall be constructed and maintained to prevent dust, smoke and

fumes, dirt or other contaminants from entering the establishment.

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

(4) Ventilation to the outside air shall comply with applicable law and regulation and shall not

create a nuisance or unlawful emission.

(5) Concentrations of carbon monoxide gases shall not exceed nine (9) parts per million.

§81.20 Plumbing and water supply.

(a) Potable water supply. Establishments at all times must have adequate supplies of potable

water, as deﬁned in Part 5 of the State Sanitary Code (10 NYCRR Chapter 1). An establishment

shall be equipped with plumbing and plumbing ﬁxtures, in accordance with applicable law, that

safely supply potable water to all parts of the establishment. Plumbing and ﬁxtures shall be

properly connected, vented, and drained to prevent contamination of the potable water supply.

Potable water supply ﬁxtures or other equipment connected to the potable water supply shall be

designed and constructed or equipped with a device that prevents back-ﬂow or siphonage into,

or cross connection with the water supply.

(b) Disposal of sewage and liquid waste. Sewage and liquid wastes including but not limited to

condensates discharged by equipment, such as refrigerators, ice machines, air conditioners,

drain pans, evaporator trays, hoses and other plumbing or cooling lines and ﬁxtures; ﬂuids

drained from culinary, slop or ware washing sinks; and ﬂuids discarded after cooking shall be

conveyed to the sewer or sewage disposal system so as to prevent contamination of the premises

and its contents and so as not to create harborage conditions. Liquid wastes consisting of

discarded grease and oil shall be disposed of in accordance with applicable laws.

(1) Indirect waste connection required. There shall be no direct connection between the

sewage system and any drains from plumbing ﬁxtures and equipment used for hot and

cold storage, or mechanical processing of food. Waste lines from equipment required to

have indirect drains shall be installed to prevent back-ﬂow from sewers and other drains

and waste lines.

(2) Direct connections required. Waste water shall be discharged into properly trapped, sewer-

connected plumbing lines.

beverages shall be manufactured from stainless steel, food-grade plastic or other material that

will not produce toxic substances when exposed to carbon dioxide or carbonated water.

§ 81.21 Hand wash sinks.

(a) Location. Hand washing sinks equipped with hot and cold potable running water shall

be installed in food preparation, food service, and ware washing areas, and in or adjacent to

employee and patron toilet rooms, and may be located between such areas.

(1) Sufﬁcient sinks shall be provided so that a hand washing sink is no more than 25 feet from

any food preparation, service or ware washing area.

(2) Any area in which a hand wash sink is located shall be unobstructed by doors or

equipment, and access shall be kept clear to enable its use as required by this Code. Hand

washing sinks shall not be used for purposes other than hand washing.

(3) An automatic hand washing sink shall be used in accordance with the manufacturer’s

instructions. A self-closing, slow-closing or metering faucet shall provide a ﬂow of water

for at least 15 seconds without the need to reactivate the faucet. A steam mixing valve

shall not be used.

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

(b) Soap, towels, trash receptacle. Soap or detergent; single use disposable towels or mechanical

drying devices; and a trash receptacle shall be provided. A supply of towels or a towel dispenser

shall be located immediately adjacent to the hand wash sink, and available without requiring the

user to open drawers, cabinets or other enclosures that could lead to recontamination of hands.

conspicuously posted near or above all hand washing sinks. Signs shall be posted in English and

all languages as necessary so as to be understood by all food workers in an establishment.

§81.22 Employee and patron toilets.

(a) Toilet facilities required. Toilet facilities shall be provided for employees and shall be equipped

with a minimum number of water closets, urinals, and other plumbing ﬁxtures as required by

§PC403 of Chapter 4 of the New York City Plumbing Code, Administrative Code Title 28, or any

successor law.

(b) Patron toilets required. Food service establishments with a seating capacity of 20 or more,

except those located in premises where a permitted food service establishment operated on or

before December 5, 1977, shall provide toilet facilities for patrons. Establishments with a seating

capacity of 20 or more in premises where a permitted food service establishment operated on

or before December 5, 1977 shall, when undergoing renovations of sufﬁcient scale to require a

construction permit from the Department of Buildings, install and thereafter provide one or more

patron toilets equipped as required by subdivision (a) of this section.

lighted and mechanically or naturally ventilated, maintained in sanitary operating condition, and

furnished with supplies of toilet tissue and easily cleanable receptacles for waste paper and

other refuse.

(d) Shared toilet facilities. Patrons and employees may use the same toilet facilities, except if

patrons would be required to walk through a kitchen, food preparation or storage area, or utensil

washing area to access the toilet.

§81.23 Integrated pest management.

(a) Establishments to be pest free.

Food service and non-retail food processing establishments

shall be kept free of rodents, insects and other pests, as deﬁned in Article 151 of this Code, and of

conditions conducive to pests, as deﬁned in Article 151 of this Code, which shall include but not

be limited to the following:

(1) Accumulated refuse and other material on or in which pests may shelter, hide or nest;

(2) Presence of cracks, gaps or holes in establishments’ exteriors or interiors that permit free

movement of pests;

(3) Presence of food or water refuse and wastes accessible to and capable of sustaining

or attracting a pest population including, but not limited to, standing water or other liquid

wastes, grease and food residue and improperly closed food containers.

(b) Prevention. Premises, equipment and ﬁxtures shall be of a construction, design and material

so as to prevent and control entry and harborage of pests.

(1) Daily inspections. Permittees shall inspect the premises and incoming food and supplies

daily to determine presence of pests and to prevent entry of and infestation by pests.

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

(2) Exterminator required. Permittees shall contract with a pest management professional

licensed by New York State Department of Environmental Conservation to provide preventive

measures and extermination services necessary to maintain their establishments free of

pests. Records showing the name, address, Department of Environmental Conservation

license number of the exterminator, the services provided, and the effective dates of

such contracts shall be kept on the premises of the establishment. At the request of the

Department, the permittee shall make available a fully executed copy of a contract with

a pest management professional to provide at least monthly preventive inspections and

services, and where pests are observed, to provide services for their elimination.

(3) Doors. All doors opening into the establishment from the outside shall be equipped with

barriers such as anti-pest tension brushes or a space no larger than one-eighth of an inch

(3.1750 millimeters) to prevent entry of rodents.

(4) Pest monitors. As part of an integrated pest management program, an establishment may

use sticky monitoring traps or stations that are examined to determine if the establishment

has a roach, other insect or rodent infestation. Such monitoring traps or stations shall be

marked with the date the station was placed, and a date, no later than one month thereafter,

or an earlier date, to be established by the pest management professional, when the traps or

stations shall be removed and discarded. Such traps and stations shall be removed as soon

as they contain one or more roaches, other insects or rodents.

necessary to maintain the establishment free of pests. When the Department determines

that an establishment has a persistent pest infestation and conditions conducive to pests,

the Department may order the permittee to institute and maintain a pest management plan in

accordance with §151.02 (c) of this Code.

(d) Pesticide applications. Pesticides shall be properly labeled, authorized for use, and used

only by licensed pest professionals in accordance with the New York State Environmental

Conservation Law and Title 6 of the New York Codes, Rules and Regulations (N.Y.C.R.R.) Part 325,

or any successor regulation, and applied so that:

(1) There is no hazard to employees or other persons.

(2) There is no pesticide spraying in food preparation and service areas while food is being

processed, prepared or served, or where unprotected food, clean utensils or containers are

displayed or stored.

(3) Food, equipment, utensils, linens, and single-service or single use articles are protected

from contamination and toxic residues that result from pesticide application. Such

items are to be protected by impermeable coverings or other measures during pesticide

application and must be cleaned and sanitized after pesticide application.

(4) The use of unprotected or unlocked bait stations is prohibited in food service establishments.

§81.24 Garbage and waste disposal.

Garbage and wastes shall be stored, handled, and disposed of in a manner that protects food and

food-contact surfaces from contamination, and does not create a condition conducive to pests or

a nuisance.

(a) Garbage and waste stored for removal. Prior to street placement and pickup, garbage and

wastes shall be placed in easily cleanable, watertight, rodent-resistant, and insect-resistant

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

containers with tight ﬁtting lids that must be securely fastened. Containers must be stored in a

manner that does not attract pests or create pest harborage conditions.

(b) Garbage and waste removal. Solid and putrescible wastes placed on sidewalks for collection

shall be disposed of in accordance with applicable law, including but not limited to Title 16 of the

Administrative Code and the rules of the Department of Sanitation and the Business Integrity

Commission, or successor agencies.

after emptying and prior to reuse.

§81.25 Live animals.

No live animal shall be kept, housed or permitted to enter into or remain in any food service

establishment. This section shall not apply to edible ﬁsh, crustacea, mollusks, or ﬁsh in

aquariums; service dogs or other animals accompanying and trained to assist disabled persons;

or working dogs accompanying police ofﬁcers.

§81.27 Cleaning of premises, equipment and utensils.

(a) Non-food contact surface components. Floors, walls, ceilings, and other non-food contact

surfaces shall be kept free of accumulations of dust, dirt, food residue, grease, and other debris

and shall be cleaned as necessary to prevent such accumulations.

(b) Food contact surfaces. Food contact surfaces, including food contact surfaces on equipment,

and utensils shall be clean to sight and touch and shall be kept free of dust, dirt, food residues,

grease deposits, and other contaminants. Equipment must be disassembled for the purpose of

cleaning unless speciﬁcally constructed to enable cleaning in place. Food contact surfaces must

be cleaned and sanitized:

(1) Before each use with a different type of raw animal food such as beef, ﬁsh, lamb, pork or

poultry;

(2) Each time there is a change from working with raw to working with ready-to-eat foods; and

(3) At other times as necessary to prevent accumulation of dirt, mold encrusted food, grease

or other substances or whenever contamination may have occurred.

surfaces shall be stored clean and dry, or in a sanitizing solution, between uses.

(1) Moist cloths used for wiping food spills from kitchenware and food contact surfaces shall

be used only for this purpose and shall be stored in a sanitizing solution between uses.

(2) Moist cloths used for wiping non-food contact surfaces shall be used only for this purpose

and shall be stored in a sanitizing solution between uses.

§81.29 Dishwashing and ware washing.

Tableware, including dishes, utensils, and equipment

must be cleaned and sanitized, as deﬁned in §81.03 of this Article, manually or by machine using

either heat or chemical means, in accordance with this section, except that other adequate

methods acceptable to the Department may be used.

(a) Manual washing and sanitizing. A three compartment sink must be used when washing and

sanitizing equipment, dishes and utensils by hand, except where otherwise indicated in this

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

subdivision. All compartments of the sink must be large and deep enough to permit complete

immersion of the largest equipment and utensils to be washed. Items must be:

(1) Washed in the ﬁrst compartment in a detergent solution;

(2) Rinsed free of such solution in clean hot water in the second compartment; and

(3) Sanitized in the third compartment with hot water or a chemical solution.

(A) Hot water sanitizing. Hot water used for sanitizing must be heated to and maintained at

or above 170 degrees Fahrenheit (76.6 degrees Celsius). A numerically scaled, indicating

or digital thermometer calibrated to be accurate to plus or minus 2 degrees Fahrenheit (1.1

degrees Celsius) must be used to measure water temperature. Items must be wholly immersed

for at least 30 seconds to destroy surface pathogens.

(B) Chemical sanitizing. Only anti-microbial pesticides registered with the US Environmental

Protection Agency shall be used for manual chemical sanitizing and must be used in sufﬁcient

amounts to achieve the sanitization levels required by subdivision (ii) of §81.03 of this Article,

without leaving toxic residues on surfaces treated. A test kit or other device must be used to

accurately measure the parts per million concentration of the solution used, and the pH of the

solution when the pH level would affect the performance of the chemical sanitizer.

detergent and sanitizer in the ﬁrst compartment and rinsed in clean water in the second

compartment, if the manufacturer of the combination product indicates it may be used in

this manner.

(b) Mechanical washing and sanitizing

(1) Heat requirements for mechanical washing. High temperature machines used for the cleaning

and sanitizing of utensils, equipment, and food contact surfaces must be installed, maintained,

and kept in working order. Machines must be equipped with thermometers, and operated so

that all food contact surfaces achieve a surface temperature of at least 160 degrees Fahrenheit

(71 degrees Celsius) in order to destroy surface pathogens.

(2) Chemical requirements for mechanical washing. Low temperature machines that use chemicals

must be installed, maintained, kept in working order and operated so as to attain effective

sanitization. A test kit or other device must be used to accurately measure the parts per million

concentration of the solution used and the pH of the solution when the pH level would affect

the performance of the chemical sanitizer and to ensure the chemical sanitizer is used in

concentrations that will not leave toxic residues on surfaces treated.

proper handling of soiled items prior to washing, and of clean items following sanitization. Drain

boards must be self-draining, and located and constructed so that they do not interfere with the

proper use of ware washing facilities. All tableware, utensils, and food contact equipment must

be air dried after sanitizing.

§81.31 Outdoor cooking, food and beverage preparation facilities.

(a) Street and sidewalk cooking prohibited; exceptions. There shall be no cooking, preparation,

processing, or service of food, or storage of food, utensils or equipment on a street or sidewalk,

except when an establishment is participating in an event as deﬁned in Article 88 of this Code, or

a mobile food vending unit is being operated in accordance with Article 89 and other applicable

law, or permission has been obtained from appropriate City agencies.

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

(b) Conducted on the premises owned by a food service establishment. When permission has been

obtained from the Department of Buildings, Fire Department, and other agencies when required,

a permitted food service establishment may cook outdoors at the establishment within the

premises under the establishment’s ownership, management, operation, and control, including,

but not limited to, in the establishment’s backyard, in accordance with this section, and other

provisions of this Article.

or pests.

(d) Structural components.

(1) Floors. A hard surface ﬂoor whose construction and materials comply with §81.17 of this

Code shall be provided.

(2) Food protection. During food and beverage preparation, hot and cold holding, and food

storage, food shall be protected at all times by covering with barriers, including, but not

limited to, awnings, tents, screens, vermin-resistant containers, or other methods required

by §81.07 of this Code. No foods, or clean utensils and equipment, shall be stored outdoors

when the outdoor cooking facility is not in operation. A hand wash sink shall be provided if

any food is prepared at the outdoor cooking facility.

(3) Overhead protection. Cooking equipment and utensils shall be covered by lids or larger

overhead protections such as a tent, canopy, umbrella or other device.

(4) Lighting and ventilation. Lighting and ventilation shall be provided in accordance with

§81.19 of this Code.

§81.33 repealed.

§81.35 repealed.

§81.37 repealed.

§81.39 Food service establishments and non-retail food processing establishments; sealing

of unclean equipment, utensils and vehicles; denial, suspension and revocation of permits;

enforcement.

(a) When, in the opinion of an inspector or authorized employee of the Department, any equipment,

utensil or vehicle in a food service establishment or non-retail food processing establishment

presents an imminent health hazard, is in an unclean condition, or in disrepair or damaged to

such an extent so as to render it unsafe, such equipment, utensil, vehicle or any part thereof may

be ordered sealed and its use immediately discontinued upon the approval of the director of the

bureau of the Department enforcing this Article. Upon such sealing, the representative of the

Department shall afﬁx thereto labels or conspicuous signs bearing the word “unclean” or any other

wording necessary to describe the sanitary condition or safety of the sealed equipment, utensil

or vehicle, and he or she shall also prepare or cause to be prepared an order of the Commissioner

or Department. The order and notice shall direct the discontinuance of the use or operation of the

unclean article until it shall have been cleaned and made sanitary and safe, and the seals, labels or

signs removed by a representative or with the authorization of the Department.

(b) When a food service establishment or non-retail food processing establishment is found upon

inspection to be operating without a valid permit in violation of §81.05 of this Code, the Department

may order such establishment to close and cease all food operations immediately, and to remain

closed until the establishment or operation has obtained and displays a valid permit.

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

Department may deny, suspend or revoke any permit or authorization issued pursuant to this

Article when serious, repeated or persistent violations of any of the provisions of this Code have

been found, or where interference with personnel of the Department in the performance of their

duties or a violation of §5.17 occurs. Any person ordered to cease operation and service pursuant

to this Article shall comply with such order immediately, and shall thereafter be provided with an

opportunity to be heard pursuant to rule of the Department.

(d) The Department may deny or suspend a permit or authorization and order immediate

cessation of operations and/or service of food at a food service establishment or non-retail

food processing establishment if continued operation is an imminent hazard to public health.

Any person ordered to cease operations and/or service of food pursuant to this subsection shall

comply with such order immediately, and shall thereafter be provided with an opportunity to be

heard pursuant to rule of the Department.

(e) Any order or notice issued pursuant to this section shall be served by personal delivery to the

owner or person in charge of the food establishment, or by any method authorized by §§17-141

or 17-148 of the New York City Administrative Code, and an original thereof shall be ﬁled with the

Department.

(f) Seals, labels, signs, notices and orders afﬁxed by the Department shall not be removed

except by order of the Commissioner or his or her designated representative and not until the

objectionable condition is removed or corrected.

§81.41 Dispensing devices used to dispense food; construction, cleanliness, refrigeration, safety.

(a) No person shall employ a food vending machine for the sale of packaged food or beverages in

closed bottles or containers unless:

(1) the machine is designed and constructed to allow effective cleaning and maintenance and

to remain free from insect and rodent harborages and other nuisances;

(2) the machine is designed and constructed so as not to become a hazard to children or

others while in use or under foreseeable conditions of abuse;

(3) potentially hazardous foods shall be kept at or below 41 degrees Fahrenheit (5 degrees

Celsius) or at or above 140 degrees Fahrenheit (60 degrees Celsius);

(4) the machine and the surrounding area are kept clean and sanitary.

(b) No person shall employ a food vending machine for the sale of unpackaged food or for the sale

of beverages other than in closed bottles or containers unless the requirements of subsection (a) of

this section are met and, in addition, the device is free from lead, cadmium or any other substance

which may be so affected by the food or beverage as to form dangerous or deleterious compounds,

or as to render food or beverage which comes into contact with such substance unwholesome

or detrimental to health, or to impart odor, color or taste to the food. When the food vending

machine is connected to a water supply system, it shall be designed and constructed to prevent

contamination of the water supply system. Devices which dispense carbonated beverages shall

be equipped with an air gap at the water inlet, or a protective device to vent any leaking carbon

dioxide to the atmosphere, or any other protective device approved by the Department which will

provide positive protection against the entrance of carbon dioxide or carbonated water into the

water supply system. The water supply contact surfaces in devices which dispense carbonated

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

beverages, from the protective device downstream including the protective device itself, shall not

have any copper or copper-lined components in contact with the water supply or the beverage and

its other components including any ice making and dispensing apparatus.

dispensing devices, receptacles for the disposal of food or beverage containers.

(d) Potentially hazardous food shall be dispensed in individual, original containers or wrappers

in which it was packaged at the food vending machine commissary or non-retail food processing

establishment. Potentially hazardous food shall not be dispensed from bulk supplies.

(e) All food, other than fresh fruit, shall be stored or packaged in clean protective containers,

or dispensed into clean single-use containers, and all food shall be prepared and vended in a

sanitary manner and shall in all respects comply with the provisions of this Article.

§81.43 Reporting complaints of patrons’ illness, emergency occurrences.

(a) When a food service establishment or non-retail food processing establishment learns, has

reason to suspect that a person has a food related illness, or is notiﬁed of any illness of a person

diagnosed by a physician which allegedly resulted from food served at, or originating from, such

establishment, the owner or person in charge shall immediately notify the Department. The

Department may require the owner or the person in charge to submit, within 24 hours of the

telephone report, a written report giving such additional information concerning the complaint

as the Department may require. Under applicable provisions of the New York State Public

Ofﬁcers Law, reports may be subject to inspection by persons other than the Commissioner and

authorized personnel of the Department but personal information about the patrons shall be

redacted. Such reports shall not be used as a basis for prosecution by the Department.

(b) When a food service establishment or non-retail food processing establishment is subject to

an occurrence which might result in contamination of food or food being held out of temperature

limits, including but not limited to ﬁre, power outage, or ﬂood, the owner or person in charge shall

immediately notify the Department.

§81.45 repealed.

§81.46 Reﬁllable, returnable containers.

(a) Beverage containers. Employees or consumers may reﬁll consumers’ personal take-out

beverage containers (such as thermally insulated bottles, non-spill coffee cups, and promotional

beverage containers) with beverages that are not potentially hazardous foods, provided that

beverages are dispensed in a manner that prevents contact with, or contamination of, the food-

contact surfaces of the beverage dispensing equipment.

(b) Other containers. An establishment providing consumers with returnable containers must

wash and sanitize all such containers before reuse in accordance with §81.29 of this Article. An

establishment that does not wash and sanitize patrons’ containers before reuse must obtain

Department approval of a written standard operating procedure that demonstrates that there is

no contamination of food and/or food contact surfaces. Such procedure must be maintained on

the premises and made available at the time of Department inspection.

of food grade materials resistant under normal conditions of use to scratching, scoring,

decomposition, crazing, chipping and distortion, and of sufﬁcient weight and thickness to be

washed and sanitized in accordance with §81.29 of this Article.

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

§81.47 repealed.

§81.49 Sodium warning

(a) Deﬁnitions. When used in this section the following words and terms have the following

meanings:

(1) Combination meal means a standard menu item that consists of more than one food item.

A combination meal may be represented on the menu or menu board in narrative form,

numerically, or pictorially. Some combination meals may include a variable menu item or be

a variable menu item, as deﬁned in this subdivision, where the components may vary and

the customer selects which components will be included in the meal.

(2) Covered establishment means a food service establishment, as deﬁned in §81.03 of the Health

Code and permitted by the Department, that is part of a chain with 15 or more locations doing

business under the same name and offering for sale substantially the same menu items.

(3) Food item with a high sodium content means any standard menu item offered by a

covered establishment that contains per discrete serving unit more than or equal to 2300

milligrams (mg) of sodium, or a combination meal offered by a covered establishment if any

combination of food items available to the consumer contains more than or equal to 2300

mg of sodium.

(4) Food on display means food that is visible to the customer before the customer makes

a selection, so long as there is not an ordinary expectation of further preparation by the

customer before consumption.

(5) Menu or menu board means a printed list of the names or images of a food item or items,

and the primary writing of a covered establishment from which a customer makes an order

selection. Menus includebreakfast , lunch, and dinner menus; dessert menus; beverage

menus; children’s menus; other specialty menus; electronic menus; and menus on the

internet, and may be in various forms, including booklets, pamphlets, single sheets of

paper, or electronic screens. Determining whether a writing is or is part of the primary

writing of a covered establishment depends on a number of factors, including whether

the writing lists the name of a standard menu item (or an image depicting the standard

menu item) and the price of the standard menu item, and whether the writing can be used

by a customer to make an order selection at the time the customer is viewing the writing.

Menu boards include menu boards inside the establishment as well as drive-through menu

boards outside the establishment.

(6) Point of purchase means any place where a customer may order food within an

establishment.

(7) Standard menu item means any individual food item or combination of food items listed or

displayed on a menu or menu board that is sold by a covered establishment.

(8) Variable menu item means a standard menu item that comes in different ﬂavors, varieties

or combinations and is listed as a single menu item.

(b) Required warning. A covered establishment that offers for sale any food item with a high

sodium content must provide the following warning:

(1) An icon must appear on a menu or menu board next to any food item with a high sodium

content, or on a tag next to any food on display that is a food item with a high sodium content:

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

The icon must be a black and white equilateral triangle as wide as it is tall and equal in height to

the largest letter in the food item’s name , as displayed on the menu, menu board, or tag next to

any food on display; and

(2) The following statement must be posted conspicuously at the point of purchase:

“Warning: indicates that the sodium (salt) content of this item is higher than the total daily

recommended limit (2300 mg). High sodium intake can increase blood pressure and risk of

heart disease and stroke.”

(d) Enforcement. The monetary penalty for a violation of this section is $200 dollars. Violations

may be adjudicated at any tribunal operated by the Ofﬁce of Administrative Trials and Hearings.

(e) Effective date. This section takes effect on December 1, 2015.

(f) Severability. If any provision of this section, or its application to any person or circumstance, is

held invalid by any court of competent jurisdiction, the remaining provisions or the application of

the section to other persons or circumstances shall not be affected.

§81.50 Posting of calorie information.

(a) Deﬁnitions. When used in this section the following words and terms have the following

meanings:

(1) Combination meal means a standard menu item that consists of more than one food item.

A combination meal may be represented on the menu or menu board in narrative form,

numerically, or pictorially. Some combination meals may be a variable menu item where the

components may vary and the customer selects which components will be included in the

meal. Some combination meals may include a variable menu item as a part of the meal. A

combination meal shall not mean a special price offer to a customer to combine standard

menu items for which calorie information is already posted on the menu or menu board.

(2) Covered establishment means a food service establishment or similar retail food

establishment that is part of a chain with 15 or more locations nationally doing business

under the same name and offering for sale substantially the same menu items, or a

food service establishment or similar establishment that is not part of such a chain that

voluntarily registers with the United States Food and Drug Administration to be subject to

the federal requirements for nutrition labeling of standard menu items pursuant to 21 CFR

101.11(d), or successor regulation.

(3) Custom order means a food order prepared in a speciﬁc manner in response to an

individualcustomer’s request, which requires the covered establishment to deviate from its

usual preparation of a standard menu item.

(4) Daily special means a food item prepared and offered for sale on a particular day that is

not routinely listed on a menu or menu board, or other offer and that is promoted by the

covered establishment as a special item for that day.

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

(5) Food on display means restaurant-type food that is visible to the customer before the

customer makes a selection, so long as there is not an expectation of further preparation

by the customer before consumption.

(6) Food that is part of a customary market test means food that appears on a menu or menu

board for less than 90 consecutive days to test customer acceptance of the food.

(7) Menu or menu board means a printed list of the names or images of a food item or items

and the prices of such items, that is the primary writing of a covered establishment

from which a customer makes an order selection. Menus include breakfast, lunch, and

dinner menus; dessert menus; beverage menus; children’s menus; other specialty menus;

electronic menus; and menus on the internet , and may be in various forms, including

booklets, pamphlets, single sheets of paper, or electronic screens. Determining whether

a writing is or is part of the primary writing of a covered establishment depends on a

number of factors, including whether the writing lists the name of a standard menu item

(or an image depicting the standard menu item) and the price of the standard menu item,

and whether the writing can be used by a customer to make an order selection at the

time the customer is viewing the writing. Menu boards include menu boards inside the

establishment as well as drive-through menu boards outside the establishment.

(8) Offering for sale substantially the same menu items means offering for sale a signiﬁcant

proportion of menu items that use the same general recipe and are prepared in

substantially the same way with substantially the same food components.

(9) Similar retail food establishment means an establishment such as a convenience store,

grocery or supermarket that serves restaurant-type food.

(10) Restaurant-type food means food that is (i) usually eaten on the premises of or while

walking away from a food service establishment, or soon after arriving at another

location, or (ii) processed and prepared primarily in a similar retail establishment and

offered for safe to customers for either immediate or later consumption in or outside

such establishments. Self-service food means restaurant-type food that is available at a

salad bar, buffet line, cafeteria or similar self-service facility that is served by customers

themselves and includes self-service beverages.

(11) Standard beverage ﬁll means the ﬁxed amount of a beverage that is less than the full

volume of the cup holding the beverage per cup size.

(12) Standard ice ﬁll means the ﬁxed amount of ice in a cup of a beverage per cup size.

(13) Standard menu item means any individual food item or combination of food items listed or

displayed on a menu or menu board that is sold by a covered establishment.

(14) Temporary menu item means a food item that appears on a menu or menu board for less

than a total of 60 consecutive and non-consecutive days during a calendar year

(15) Variable menu item means a standard menu item that comes in different ﬂavors, varieties

or combinations and is listed as a single menu item.

(b) Scope and applicability. This section applies to standard menu items offered for sale in

covered establishments and does not apply to condiments, daily specials, temporary menu

items, custom orders, foods that are part of a customary market test or temporary menu items, or

to any menu or menu board in a school that is for students in grades 12 or under.

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

(1) Number of calories. Menus and menu boards must provide the number of calories

contained in each standard menu item. Information must be posted for each item as it is

usually prepared and offered for sale. For multiple-serving standard menu items, calorie

information must be posted either (i) for the standard menu item as listed, or (ii) for a

discrete serving unit provided that the total number of discrete serving units contained in

such item is also posted.

(2) Position, size and color of calorie information. The number of calories must be listed

adjacent to the name or price of the associated standard menu item in a type size that is

no smaller than the smaller of either the name or price of the standard menu item. Calorie

information must appear in a color that is the same or at least as conspicuous as that used

to list the name of the associated standard menu item and against the same contrasting

background, or a background at least as contrasting, as that against which the name of the

associated standard menu item is listed.

(3) “Calories” or “Cal” The term “Calories” or “Cal” must app ear either adjacent to the

number of calories for each menu item or as a heading above a column listing the number

of calories for each standard menu item. Such term appearing adjacent to calorie

information for a standard menu item must meet the same font requirements as such

calorie information. Such term appearing as a heading above a column must be listed in a

type size that is no smaller than the smallest type size used to list the name or price of any

menu item on that menu or menu board and in the same color, or as conspicuous a color,

and against the same contrasting background, or a background at least as contrasting,

as that used for that name or price. Basis for calorie information. Posted calorie values

must have a reasonable basis, which may be derived from the use of nutrient databases,

laboratory testing, or other reliable methods of analysis, and be rounded to the nearest

ten (10) calories for calorie content values above 50 calories and to the nearest ﬁve (5)

calories for calorie values 50 calories and below. Zero calories may be declared for any item

containing fewer than ﬁve (5) calories.

(4) Self-service food and food on display. Calorie information must be declared for self-service

food and food on display. The calorie information must be declared either (i) for each food

item or, (ii) if the food item is not offered for sale in a discrete unit, per serving measured

by a standard scoop or cup size. The declaration must identify the serving or discrete unit

used to determine the calorie content. The calorie information must be posted either on a

sign adjacent to and clearly associated with the corresponding food, or on a sign attached

to a sneeze guard above the food item. The sign must identify the food item for which it is

declaring calorie information if it is not otherwise clear to which food item the declaration

belongs, or, if calorie information is being declared for more than one food item, on a sign

or placard located where the customer can view both the food items listed on the sign

and their calorie declarations. For self-service beverages, calorie declarations must be

accompanied by the total number ofﬂuid ounces in the cup indicated by the term “ﬂuid

ounces” and, if applicable, a description of cup size, e.g., small, medium, etc. as applicable.

(5) Different sizes, ﬂavors and varieties; toppings; combinations.

(A) Different sizes, ﬂavors and varieties. For standard menu items offered in different ﬂavors

and varieties, calories must be posted for each listed size, ﬂavor or variety. If all of the

listed sizes, ﬂavors or varieties of a standard menu item have the same calorie amount,

menus and menu boards must list a single calorie declaration for the standard menu item.

If there are only two calorie amounts for all sizes, ﬂavors and varieties of a standard menu

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

item, both calorie amounts must be posted on menus and menu boards for the menu item

with a slash between the two calorie amounts. For sizes, ﬂavors and varieties of a standard

menu item having more than two calorie amounts, the range of calorie amounts must be

posted on menus and menu boards for each such size, ﬂavor and variety.

(B) Toppings. When toppings can be added to a standard menu item and such toppings are

listed on menus and menu boards, the calories for the standard menu item must be

listed as well as the calories for each such topping.

in a combination meal, the calories must be declared for each option with a slash

between the calorie declarations. If three or more options for standard menu items in a

combination meal are listed, the range of calorie content values showing the minimum

to maximum numbers of calories for all combinations of that standard menu item shall

be listed on menus and menu boards. If there is only one possible total calorie amount

for the combination, then that total must be listed on menus and menu boards.

(6)

Beverages that are not self-service. Calories declared for non-self-service beverages must be

based on the full-volume of the cup or other container served without ice. If the establishment

usually dispenses and offers for sale a standard beverage ﬁll or a standard ice ﬁll, the calories

declared must be based on such standard beverage ﬁll or standard ice ﬁll.

(d) Required nutritional information statements.

(1) General requirement. Menu boards and each page of a menu for a covered establishment

mustprominently st ate in a clear and conspicuous manner: “2,000 calories a day is used

for general nutrition advice, but calorie needs vary.”

(2) Children’s menus. Instead of the requirement of subparagraph 1 of this paragraph, menus

and menu boards, and pages of menus, targeted for children may state either: “1,200 to

1,400 calories a day is used for general nutrition advice for children ages 4 to 8, but calorie

needs vary.”; or “ 1,200 to 1,400 calories a day is used for general nutrition advice for

children ages 4 to 8 years and 1,400 to 2,000 calories a day for children ages 9 to 13 years,

but calorie needs vary.”

(e) Additional written nutritional information. Covered establishments must have written

nutritional information on the premises in the manner provided for in 21 CFR 101.11(b)(2)(ii), or

successor regulation. The information must be made available to any customer who requests

it. All menus and menu boards must prominently state in a clear and conspi cuous manner:

“Additional nutritional information available upon request .”

(f) Enforcement. In addition to the Department, the Department of Consumer Affairs may enforce

the requirements of this section.

(g) Severability. If any provision of this section, or its application to any person or circumstance, is

held invalid by any court of competent jurisdiction, the remaining provisions or the application of

the section to other persons or circumstances shall not be affected.

(h) Effective date. This section takes effect December 1, 2016.

Notes: Section 81.50 was repealed and reenacted by resolution of the Board of Health adopted

at its meeting on September 9, 2015 to be identical to regulations of the US Food and Drug

Administration in 21 CFR Part 101.

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

§81.51 Grading of inspection results and posting of grades by certain food service

establishments.

(a) Grading. The Department shall establish and implement a system for grading and classifying

inspection results for food service establishments using letters to identify and represent an

establishment’s degree of compliance with the provisions of this Code, the State Sanitary Code

and other applicable laws that require such establishments to operate in a sanitary manner

so as to protect public health. The letter “A” shall be the grade representing the highest degree

of compliance with such laws. Subject to the provisions of this section, the Department shall

provide each operating establishment that it inspects with a letter grade card indicating the

establishment’s inspection grade, except that no letter grade card shall be provided when the

Department orders an establishment closed after an inspection.

(b) Posting. Upon receipt, and except as provided in subdivisions (c) and (e), an establishment

shall conspicuously post a letter grade card so that it is visible to the general public and to

patrons prior to entering the establishment. The letter grade card shall not be defaced, marred,

camouﬂaged or hidden from public view.

(1) “A” grades. For any establishment receiving an “A” grade, the Department shall provide

the establishment with a letter grade card at the conclusion of the inspection where such

grade is determined. The grade card shall be posted immediately.

(2) Other grades. For any food service establishment receiving a grade lower than an “A,”

the Department shall advise the establishment of its inspection grade and the ﬁndings

upon which it was based. The Department shall conduct a subsequent inspection of the

establishment no sooner than seven (7) days after the ﬁrst inspection. At the conclusion of

the second inspection, the Department shall provide the establishment with a letter grade

card indicating the inspection grade that the establishment received on that inspection.

(d) Adjudications. After any notice of violation (“NOV”) issued at an inspection at which a letter

grade card was provided to a food service establishment is heard and determined by the Health

Tribunal at the Ofﬁce of Administrative Trials and Hearings (“OATH”), the Department shall re-

grade the inspection results taking into account only the violations alleged in the NOV that were

either admitted by the establishment or sustained by a hearing examiner. If re-grading changes

the inspection grade, the Department shall issue the food service establishment a new letter

grade card that the establishment shall immediately post instead of or in place of the letter grade

card provided by the Department at the conclusion of the inspection resulting in the issuance of

the NOV.

(e) When posting may be deferred.

(1) Any food service establishment receiving a grade lower than an “A” at a second inspection

conducted pursuant to subdivision (c) of this section may defer posting the letter grade

card provided by the Department at the conclusion of that inspection until the hearing

date scheduled by the Department. If an establishment chooses to defer posting this

letter grade card, the establishment shall remove any letter grade card that is currently

posted, and instead post a sign provided by the Department advising the public that the

establishment’s inspection result is under review and that the results of the inspection can

be obtained from the Department.

Article 81 of the NYC Health Code: Food Preparation and Food Establishments

(2) If an establishment does not appear at the Health Tribunal at OATH on the date scheduled

for hearing the NOV referred to in subdivision (d), the establishment shall immediately

post the letter grade card issued by the Department at the second inspection conducted

pursuant to subdivision (c). If the establishment appears at the Health Tribunal at

OATH on the scheduled date, but the hearing is unable to proceed for any reason, or if the

establishment makes a timely request for an adjournment and such adjournment

is granted, the establishment may continue to defer posting the letter grade card until

the adjourned hearing date. In no event shall an establishment defer posting its letter

grade card after the adjourned hearing date if the establishment is not able to proceed

on such date.

(f) Scope and applicability. This section shall not apply to mobile food vending units, mobile food

vending commissaries, temporary food service establishments, food service establishments

operated in or by primary and secondary schools, hospital-operated cafeterias, correctional

facilities, or charitable organizations, including soup kitchens or other prepared food

distribution programs, nor to food service establishments operated by not for proﬁt membership

organizations for service to their members only.

(g) No effect on other enforcement. Nothing in this section shall affect the Department’s

authority to take any other action necessary to protect the public health or to enforce the

provisions of this Code or any other law or rule applicable to operation of a food service

establishment.

§81.55 Modiﬁcation by Commissioner.

When the strict application of any provision of this Article presents practical difﬁculties or

unusual hardships, the Commissioner, in a speciﬁc instance, may modify the application of such

provision consistent with the general purpose of this Article and upon such conditions as in his

or her opinion are necessary to provide for clean and sanitary food manufactured, processed

or served in clean and sanitary establishments. The denial of a request for modiﬁcation by the

Commissioner shall be deemed a ﬁnal agency determination.