N.Y. Public Health Law § 3444: Food service in funeral establishments

§ 3444. Food service in funeral establishments. (a) A funeral

establishment may provide space, facilities, equipment or supplies for

the preparation, sale, service, distribution or consumption of food or

nonalcoholic beverages, limited to incidental refreshments (such as

baked goods, sandwiches, snacks and platters) or those required by the

religious practices of the deceased person or the deceased person's

family, in the funeral establishment to or by persons in the funeral

establishment for the purpose of arranging for, attending or

participating in the care and preparation of a body of a deceased person

for disposition, mourning, a funeral or memorial ceremony or service, or

an open house or similar community function that is related to the

business of funeral directing.

(b) Activities under this section may include the services of a

caterer not owned by or affiliated with the funeral establishment.

Activities of funeral establishment employees or catering employees

shall be limited to (i) preparing such beverages and (ii) serving such

incidental refreshments or nonalcoholic beverages under this section.

No activities under this section shall include the consumption of any

alcoholic beverage. Notwithstanding the provisions of this section, a

funeral establishment shall not operate as a food service establishment

or caterer.