ENFORCEMENT

Section 14-1.190 - Permits, application, fees, issuance, inspection

ENFORCEMENT

14-1.190 Permits, application, fees, issuance, inspection.

(a) A valid permit issued by the permit-issuing official having jurisdiction is required for lawful operation of a food service establishment. This permit is to be prominently displayed at each food service establishment where it can be seen by the consumer. At establishments that serve retail frozen desserts, the $25 permit fee imposed by Public Health Law Section 225(5)(s) shall be paid at the time any other permit fees related to the operation of the food service establishment are collected by the permit-issuing official and the establishment's permit shall indicate that the facility can manufacture and sell retail frozen desserts.

(b) The term permit-issuing official means the health commissioner or health officer of a city of 50,000 population or over, the health commissioner or health officer of a county or part-county health district, the State regional health director or area director having jurisdiction, a grade I or grade II public health administrator qualified and appointed pursuant to Part 11 of this Title, a public health director or any county health director having all the powers and duties prescribed in section 352 of the Public Health Law. The health commissioner or health officer of a city of 50,000 population or over, or the health commissioner or health officer of a county or part county health district, or such grade I or grade II public health administrator or public health director or county health director may designate the director of environmental health of such district; and the State regional health director or area director may designate the district director as additional persons authorized to issue permits required by this Subpart.

(c) Not less than 21 days before starting operation of a food service establishment, an application for a permit is to be submitted to the permit-issuing official having jurisdiction. This application is to be completed in full on forms acceptable to the permit-issuing official.

(d) A permit will be issued subject to the food service establishment being constructed; maintained and operated in compliance with this Subpart and not presenting a danger to the health of the consumer or to the public. An applicant's past history of compliance or non-compliance will be a consideration in evaluating each of the previously mentioned criteria. The condition of the establishment, its equipment, utensils, personnel, mode of operation, surroundings, water supply, sewage disposal, waste handling, furnishings, food and appurtenances are all factors in determining whether its continued operation may affect public health. After making the preliminary inspection, a permit may be issued or the operator advised of violations prohibiting issuance of such permit by the permit-issuing official.

(e) It is unlawful for a food service establishment to operate without a permit during the 21 days from the time a permit has been requested. In the event the permit-issuing official or his designated representative does not make an inspection of the establishment during this 21-day period, operations may commence without a permit on the 22nd day and may be continued without being in violation of this Subpart until such time as the permit-issuing official or his designated representative makes an inspection and issues a permit or issues an order to cease operation for cause.

(f) The designated representative of the permit-issuing official is a person authorized to perform inspections of food service establishments on behalf of the permit-issuing official.

(g) Adult proprietary care facilities and day care centers approved to operate by the New York State Department of Social Services, hospitals and nursing homes approved to operate pursuant to the Public Health Law, and state owned/operated facilities do not require a separate permit for food service operations unless such operations are conducted by a third party. In that event, the third party is responsible to make application and to obtain a permit from the permit-issuing official subject to the requirements of this Subpart.

Effective Date: 
Wednesday, August 19, 1992
Doc Status: 
Complete

Section 14-1.191 - Pre-operational review

14-1.191 Pre-operational review.

It is the responsibility of the operator of a food service establishment to construct, equip, furnish, maintain and operate the food service establishment under his control in compliance with the requirements of this Subpart and other applicable laws, rules and regulations. Prior to constructing, major renovation, or commencing operation of a food service establishment, the permit-issuing official may require all food service establishments under his control to submit sketches or plans showing the floor layout, equipment, plumbing, ventilation, refuse storage facilities, sewage disposal facilities and similar information. Submission and review of plans does not relieve the operator of a food service establishment or his successor from meeting all requirements of this Subpart.

Effective Date: 
Sunday, October 1, 1978
Doc Status: 
Complete

Section 14-1.192 - Term of permits; nontransferable

14-1.192 Term of permits; nontransferable.

(a) Permits will be issued for a period of time not to exceed two years. The permit-issuing official will determine the term of the permit based on the record of compliance of the establishment, the potential for risk to public health presented by operation of the establishment, and whether the establishment has an acceptable self-inspection program. After due notice and an opportunity for a hearing, the permit-issuing official may at any time change the term of any permit.

(b) Permits are nontransferable from one owner or operator to another, or from one establishment location to another.

Effective Date: 
Sunday, October 1, 1978
Doc Status: 
Complete

Section 14-1.193 RESERVED

Section 14-1.194 - Enforcement

14-1.194 Enforcement.

(a) Operation of a food service establishment without a permit is a violation of this Subpart. The permit-issuing official or his designated representative may order any food service establishment or operation in his jurisdiction, operating without a valid permit, to close and cease all food operations immediately, and to remain closed until the establishment or operation has obtained and displays a valid permit.

(b) For serious, repeated or persistent violations of any of the requirements of this Subpart, or for interference with the permit-issuing official or his designated representative in the performance of his duties, the permit may be revoked after notice and an opportunity for a hearing has been provided by the permit-issuing official.

(c) The permit-issuing official may suspend a permit and order immediate cessation of operations and service of food at a food service establishment within his jurisdiction when in his opinion continued operation is an imminent hazard to public health. Any person so ordered is to comply immediately, and within 15 days is to be provided with an opportunity to be heard and to present proof that continued operation does not constitute a danger to the public health.

Effective Date: 
Sunday, October 1, 1978
Doc Status: 
Complete

Section 14-1.195 - Access

14-1.195 Access.

The permit-issuing official or his designated representative is to be permitted access for purposes of inspection at all times while the food service establishment is in operation, whether open to the public for service of food or not. Refusal of admittance, after proper identification, is cause for action to obtain permit revocation and an order to close.

Doc Status: 
Complete

Section 14-1.196 - Embargo

14-1.196 Embargo.

(a) The permit-issuing official or his designated representative may, by written order, place an embargo order on food which he determines or has reason to believe to be contaminated, unfit for human consumption, or from an unapproved source. Such food may not be used, sold, donated, discarded, repackaged or otherwise disposed of until such embargo is lifted by the permit-issuing official, his designated representative, or court of competent jurisdiction. The permit-issuing official shall provide the owner of the food embargoed, or the representative of the owner, an opportunity to be heard within 15 calendar days after the date of the order of embargo. The hearing officer, based on the evidence produced at such hearing, will make a recommendation to the permit-issuing official that he may vacate the order of embargo, or may, by written order, direct the embargoed food, or any part of it, (1) to be continued to be held under embargo pending further testing, analysis or court action, (2) to be destroyed, (3) to be denatured and rendered inedible, (4) to be released for return to a food processing plant for further processing, (5) to be released to another regulatory agency, or (6) to other appropriate action. The permit-issuing official will consider the hearing officer's recommendation in determining the disposition of the embargoed food. The owner of the food embargoed shall be deemed to have received notice of embargo and hearing at the time the notice of embargo and hearing is delivered to any of his employees or agents.

(b) The permit-issuing official or his designated representative may take representative samples of the suspected food for analysis upon payment of the retail value of the sample taken.

Effective Date: 
Wednesday, June 26, 1985
Doc Status: 
Complete

Section 14-1.197 - Suspension of permits

14-1.197 Suspension of permits.

Permits may be suspended temporarily by the permit-issuing official, after notice and an opportunity to be heard, for failure of the permit holder to comply with the requirements of this Subpart, or with any lawful notice or order issued by the permit-issuing official or his designated representative.

Effective Date: 
Sunday, October 1, 1978
Doc Status: 
Complete

Section 14-1.198 - Closure

14-1.198 Closure. When action is taken to order closure and cessation of operations, the permit-issuing official or his designated representative is to:

(a) conspicuously post a notice or placard at each entrance of the establishment stating the existence of such order and the authority for such order. This order is not to be concealed, mutilated or altered by any person, or removed without permission of the permit-issuing official; and

(b) publish notice of the order, with the reasons for the order, in one or more newspapers in the county or city in which the food service establishment is located.

Effective Date: 
Sunday, October 1, 1978
Doc Status: 
Complete

Section 14-1.199 - Hearings

14-1.199 Hearings.

The hearings provided for in this Subpart are to be conducted by the permit-issuing official or his designated hearing officer.

Effective Date: 
Sunday, October 1, 1978
Doc Status: 
Complete

Section 14-1.200 - Emergency occurrences, reporting of foodborne disease

14-1.200 Emergency occurrences, reporting of foodborne disease.

(a) In the event of an occurrence such as fire, flood, power outage, or similar event which might result in the contamination of food or which might prevent potentially hazardous food from being held at required temperatures, the person in charge of the establishment is to immediately notify the permit-issuing official.

(b) Any food service operator except those regulated by Chapter V of this Title having actual or constructive knowledge of the occurrence of illness allegedly due to the consumption of food served at the establishment, shall report the same within 24 hours by telephone, telegram or in person to the permit-issuing official.

Effective Date: 
Wednesday, August 19, 1992
Doc Status: 
Complete

Section 14-1.201 - Waiver

14-1.201 Waiver.

The permit-issuing official may waive, in writing, any of the requirements of this Subpart, and the waiver included as a condition of the permit to operate, when it reasonably appears that the public health will not be endangered by such waiver. All such waivers are to be only for the same period as the term of the permit.

Effective Date: 
Sunday, October 1, 1978
Doc Status: 
Complete

Section 14-1.202 - Separability

14-1.202 Separability.

If any provision of this Subpart is held invalid, such invalidity shall not affect other provisions which shall be given effect without the invalid provisions.

Effective Date: 
Sunday, October 1, 1978
Doc Status: 
Complete