FOOD PROTECTION

Section 14-5.40 - Food protection; potentially hazardous food; temperature and refrigeration requirements

FOOD PROTECTION

14-5.40 Food protection; potentially hazardous food; temperature and refrigeration requirements.

(a) Food is to be protected from contamination during storage, transportation, display, while being held for service, dispensing by a vending machine or in connection with vending operations. The temperature of potentially hazardous food is to be 45 degrees Fahrenheit (7.2 degrees Celsius) or below, or 140 degrees Fahrenheit (60 degrees Celsius) or above, at all times, except during necessary times of preparation, the actual time required to load or otherwise service the machine and for a maximum machine ambient temperature recovery period of 30 minutes following completion of loading or servicing operations. The total time that potentially hazardous food may be at a temperature between 45 degrees Fahrenheit (7.2 degrees Celsius) and 140 degrees Fahrenheit (60 degrees Celsius) is not to exceed two hours. Intact shell egg temperatures shall be considered acceptable if ambient storage temperature is 45 degrees Fahrenheit (7.2 Celsius) or less.

(b) Vending machines dispensing potentially hazardous food are to have heating or refrigeration units with thermostatic controls that are able to maintain the food at 140 degrees Fahrenheit (60 degrees Celsius) or above, or 45 degrees Fahrenheit (7.2 degrees Celsius) or below when fully loaded. These vending machines are also to have automatic controls which prevent the machine from vending potentially hazardous food until serviced by the operator in the event the temperature in the food storage compartment is not within allowed operating limits for any reason except for the permitted 30-minute period following servicing or loading.

(c) Potentially hazardous food which has been held at temperatures between 45 degrees Fahrenheit (7.2 degrees Celsius) and 140 degrees Fahrenheit (60 degrees Celsius), for times exceeding those allowed in this Part, is not to be vended, sold, donated or given away for use in whole or in part for human consumption.

(d) Potentially hazardous foods are to be labeled showing the name and address of the establishment where prepared and packaged.

(e) Food-vending machines vending potentially hazardous food requiring heated or refrigerated storage are to have thermometers, accurate to plus or minus 2 degrees Fahrenheit (1.1 degrees Celsius), located in the machine that are readily observable by the person servicing the machine, showing the coldest part of the heated storage compartment and the warmest part of the refrigerated compartment.

(f) Shell eggs or foods containing shell eggs are to be heated to 145 degrees Fahrenheit (62.8 degrees Celsius) or greater unless an individual consumer requests preparation of a shell egg or food containing shell eggs in a style such as raw, poached or fried which must be prepared at a temperature less than 145 degrees Fahrenheit in order to comply with the request.
 

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

Section 14-5.41 - Dispensing of potentially hazardous food

14-5.41 Dispensing of potentially hazardous food.

Potentially hazardous food is to be dispensed to the consumer in the individual, original container or wrapper in which it was packaged at the commissary or food-processing establishment. Potentially hazardous food is not to be dispensed from bulk supplies.

Effective Date: 
Friday, February 22, 1985
Doc Status: 
Complete

Section 14-5.42 - Fluid milk and milk products; fluid nondairy products

14-5.42 Fluid milk and milk products; fluid nondairy products.

Fluid milk and fluid milk products and fluid nondairy products (creaming agents) are not to be dispensed in vending machines as additional ingredients in hot liquid beverages or other foods.

Effective Date: 
Friday, February 22, 1985
Doc Status: 
Complete

Section 14-5.43 - Fresh fruit washing

14-5.43 Fresh fruit washing.

Fresh fruits which may be eaten without peeling are to be thoroughly washed in potable water at the packing plant by the processor, or at the commissary before being placed in the vending machine for dispensing. The washed fruit is to be protected from contamination after the washing process.

Effective Date: 
Friday, February 22, 1985
Doc Status: 
Complete

Section 14-5.44 - Packaged food handling and protection

14-5.44 Packaged food handling and protection.

All food, other than fresh fruit, is to be stored or packaged in clean protective containers, or dispensed into clean single-use containers; and all food is to be handled and vended in a sanitary manner.

Effective Date: 
Friday, February 22, 1985
Doc Status: 
Complete

Section 14-5.45 - Condiments

14-5.45 Condiments. Condiments provided in conjunction with food dispensing by a vending machine are to be:

(a) packaged in individual portions in single-service containers;

(b) dispensed from sanitary dispensers which are cleaned, rinsed, sanitized and filled at the commissary, or at the machine location if sanitary facilities are provided; or

(c) made available from condiment self-service dispensing equipment at those locations having an on-duty attendant.

Effective Date: 
Friday, February 22, 1985
Doc Status: 
Complete

Section 14-5.46 - Use of Liquid Nitrogen and Dry Ice

14-5.46 Use of Liquid Nitrogen and Dry Ice.

For the purposes of this section, liquid Nitrogen shall mean Nitrogen in its cryogenic liquid form, which comes in direct contact with food or is used as a food additive. Dry Ice shall mean Carbon Dioxide in its solid form, which comes in direct contact with food or is used as a food additive.

(a) Only food-grade liquid Nitrogen or Dry Ice may be added to food.

(b) Liquid Nitrogen, used in the preparation of food, is to be drained or allowed to evaporate completely prior to vending.

(c) Dry Ice, used in the preparation of food, shall be sublimated completely or removed prior to vending.

(d) Liquid Nitrogen or Dry Ice shall not be added to any food before service, such that a “fog” or “smoke” effect remains at time of service or is created during eating.

 

Effective Date: 
Wednesday, March 20, 2019
Statutory Authority: 
Public Health Law, Sections 225(4) and 201(1)