N.Y. Public Health Law § 1352: Food places; sanitary requirements

§ 1352. Food places; sanitary requirements. 1. A person or corporation

engaged in the preparation and sale of food in any hotel, public

restaurant, public dining room, dining car, drug store, soda fountain,

steamboat or in any other place where food is prepared, sold or served

for and to the general public in this state, or an officer of any

public, penal or charitable institution in this state, shall not use in

the preparation or service of any food utensils, dishes, glasses or

other containers which have not been previously cleansed and made

sanitary. In such cleansing the use of water which has become unsanitary

by previous use is prohibited.

2. It shall be unlawful to furnish or serve in any public eating or

drinking establishment, any straw, tube or similar device for drinking

out of glasses, cups or containers of any type unless such straw, tube

or similar device conforms to and is furnished or served in accordance

with the following requirements: When offered for use, it shall be

completely enclosed in an impervious or a bactericidal wrapper to be

opened by the ultimate user; if unwrapped it may be used if it is kept

in an approved sanitary dispenser loaded from the original package

without handling, which dispenses one such straw, tube or device at a

time directly to the user and which is so constructed that the interior

may be cleaned and kept in a sanitary condition; unused loose straws,

tubes or devices already dispensed from the dispensing container shall

not be used again. No single-service paper containers, paper cups, paper

spoons, paper forks or paper plates shall be used a second time.

3. The commissioner shall require in food service establishments, as

defined in the state sanitary code, for foods to be conveyed to the

consumer uncooked and for foods handled after being cooked but prior to

being conveyed to the consumer, that such food not come into direct

manual contact with persons responsible for preparing or serving the

food. Sanitary gloves, sanitary utensils or other effective barriers

shall be utilized to avoid manual contact in the preparation and

conveyance of these foods to the consumer. In preparing regulations

pursuant to this subdivision, the commissioner may provide for an

alternate standard that would permit minimal manual contact based upon

finding that such alternate standard would protect worker safety and not

compromise consumer health. In preparing regulations the commissioner

shall consult with representatives of the food service industry,

including workers in the industry.

4. To the extent that funds are available for the purposes set forth

in this subdivision, the commissioner shall require that the following

food service establishments: restaurants, bars, membership

organizations, fraternal organizations, and private clubs, excepting

establishments licensed pursuant to section sixty-four-a of the

alcoholic beverage control law, that are not regulated by the department

of agriculture and markets, at all times have in their employment at

least one individual who has been trained and certified by an

organization, approved by the commissioner, which specializes in and

provides instruction concerning the safe and proper handling,

preparation, cooking, storage, serving, delivery, removal and disposal

of food. Attendance at any course established pursuant to this section

shall be in person, through distance learning methods, or through an

Internet based online program. Such training shall meet the standards

set forth by the commissioner pursuant to section thirteen hundred

fifty-five of this title, either: (a) pursuant to a program approved by

the commissioner under such section, or (b) pursuant to a course that

shall address but not be limited to the following topics:

(i) Contamination, food allergies and foodborne illness.

(ii) Purchasing and receiving safe food.

(iii) Keeping food safe in storage.

(iv) Protecting food during preparation.

(v) Protecting food during service.

(vi) Sanitary facilities and equipment.

(vii) Cleaning and sanitizing.

(viii) Integrated pest management.

(ix) Food-safety regulations and standards.

(x) Employee food-safety training.

The commissioner shall allow a licensee a period of up to thirty days

to come into compliance with this subdivision where an employee who has

been certified as having completed the approved food safety training

program separates from his or her place of employment.