N.Y. Agriculture & Markets Law § 201-c: Persons certifying as kosher; filing with department

§ 201-c. Persons certifying as kosher; filing with department. 1. Any

person who certifies any non-prepackaged meat, meat preparations, meat

by-products or poultry as kosher or kosher for Passover, and any person

who certifies any non-prepackaged food or food products as kosher or

kosher for Passover shall file with the department, in accordance with

regulations set by the commissioner, a statement of such person's

qualifications for providing such certification.

2. No person shall within this state manufacture, compound, brew,

distill, produce, process, pack, sell or offer for sale any

non-prepackaged meat, meat preparations, meat by-products, poultry or

food or food products that are represented or branded as kosher unless

such person has, in accordance with regulations set by the commissioner,

filed with the department the name, address, and telephone number of the

person certifying such food or food product as kosher.

3. Any food establishment or caterer that sells or offers for sale

food or food products prepared on the premises or under its control that

are represented as kosher, shall file with the department the name,

address, and telephone number of the person certifying the food or food

products as kosher. Food establishments and caterers selling or offering

for sale food or food products prepared on the premises or under their

control that are represented as kosher shall post a "kosher

certification form" in a location readily visible to the consumer, and

shall also provide a copy of such form to the department. The kosher

certification form shall contain the information and be in the form set

forth below, in not less than twelve point type:

KOSHER CERTIFICATION FORM

Name of Establishment:_______________________________________________

Address:_____________________________________________________________

Name of Individual or Organization Certifying Food as

Kosher:______________________________________________________________

Address & Phone Number of Certifying Individual or

Organization:________________________________________________________

Affiliation & Education of Certifying

Individual or Organization:__________________________________________

The certifying individual or organization visits this establishment:

___time(s) daily ___time(s) weekly ___time(s) monthly ___time(s) yearly

All meat sold or served by this establishment __is __is not soaked

and salted.

Describe soaking and salting

process:_____________________________________________________________

We ___do ___do not exclusively sell or serve kosher food.

Establishment selling and serving both kosher and nonkosher food must

complete the following:

We __do __do not use separate ovens and sinks for kosher and

nonkosher foods. We __do __do not use separate utensils, refrigerators,

freezers and storage areas for kosher and nonkosher foods. All

utensils and equipment __are __are not clearly identified as kosher

or nonkosher. Nonkosher products __are __are not mixed with kosher

products and then sold as kosher.

4. Any food establishment or caterer that sells or offers for sale

food or food products prepared on the premises or under their control

that are represented as kosher shall maintain a permanently bound

logbook that shall include for each inspection visit of the person

certifying their food or food products as kosher, the signature and

printed name of the person performing the inspection and the date and

time of arrival at the establishment. The logbook shall be maintained

for a period of not less than two years after the final entry, and shall

be made available to the department upon request.

5. The department is authorized to inspect all food establishments and

caterers selling or offering for sale food or food products represented

as kosher to ensure compliance with sections two hundred one-a and two

hundred one-b of this article and this section, and the accuracy of any

information supplied in accordance with such sections. The commissioner

is authorized to promulgate rules and regulations as are necessary to

further implement the provisions of sections two hundred one-a and two

hundred one-b of this article and this section. The department shall

develop and maintain a website that makes available to consumers copies

of all forms and certification information that are required by this

section.

6. Failure to comply with the requirements of sections two hundred

one-a and two hundred one-b of this article and this section or the

failure to conform sales practices to the information provided in the

kosher certification form pursuant to this section shall be punishable

by a fine of not more than two thousand five hundred dollars for a first

violation; not more than seven thousand five hundred dollars for a

second violation; and not more than ten thousand dollars for a third

violation and each subsequent violation thereafter.