N.Y. Agriculture & Markets Law § 214-f: Temperature requirements for manufacture, transportation and storage of certain foods

§ 214-f. Temperature requirements for manufacture, transportation and

storage of certain foods. For the purpose of controlling and preventing

the outbreak of deadly or dangerous human diseases such as botulism and

salmonellosis, and to prevent economic and nutritional loss to

consumers, the commissioner is hereby authorized to require any person,

who manufactures, cans, bottles, sells, offers for sale, transports or

stores any food which is considered a low-acid food or one which if

improperly handled could tend to contain a potential health hazard or

any food which if stored, transported or held under improper conditions

of freezing or refrigeration would result in economic or nutritional

loss to consumers, to manufacture, cook, pack, store or display for sale

such foods in the manner prescribed by the commissioner in rules and

regulations promulgated following a public hearing and after

consultation with the state department of health except that no public

hearing will be required if the commissioner adopts or amends such

regulations to conform with appropriate rules and regulations, similar

thereto, which have been adopted by the federal government. The

provisions of this section and the regulations promulgated thereunder

shall not apply to service food establishments under permit and

inspection by the state department of health or by a local health agency

which maintains a program certified and approved by the state

commissioner of health.