ENFORCEMENT

Section 14-5.180 - Permits; application, issuance, inspection

ENFORCEMENT

14-5.180 Permits; application, issuance, inspection.

(a) A valid permit is issued by the permit-issuing official having jurisdiction is required for lawful operation of a food vending machine commissary, a food vending operation or controlled location vending machine. 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 district 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 to issue the permits required by this Subpart.

(c) Not less than 21 days before starting a food vending commissary, 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. The application is to include the proposed and existing location of all food vending machines.

(d) A permit will be issued subject to the food vending commissary and food vending operations being 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 vending machines, commissary, 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 a 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 vending commissary or food vending machine operator 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 commissary or food vending operation during this 21-day period, operation may commence 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 commissaries and food vending operations on behalf of the permit-issuing official. Persons authorized to make inspections are to complete required inspection report forms and to take mandated enforcement actions required by this Subpart.

(g) Each food vending machine which is coin- or token-operated is to have the name, address and telephone number of the person responsible for its operation posted to be readily visible to anyone operating the machine.

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

Section 14-5.181 - Preoperational review

14-5.181 Preoperational review.

(a) It is the responsibility of the operator of a food vending operation to construct, equip, furnish, maintain and operate the food vending operation under his control in compliance with the requirements of this Subpart and other applicable laws, rules and regulations. Prior to construction, major renovation, or commencing operation of a food vending operation, the permit-issuing official may require all food vending operations under his control to submit sketches or plans showing the floor layout, equipment, plumbing, ventilation, refuse storage facilities, sewage disposal facilities and similar information.

(b) Submission and review of plans does not relieve the operator or his successor from meeting all requirements of this code.

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

Section 14-5.182 - Non-transferable

14-5.182 Non-transferable.

Permits are non-transferable from one owner or operator to another, or from one commissary location to another.

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

Section 14-5.183 RESERVED

Section 14-5.184 - Enforcement

14-5.184 Enforcement.

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

(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 vending commissary or food vending operation 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: 
Friday, February 22, 1985
Doc Status: 
Complete

Section 14-5.185 - Access

14-5.185 Access.

The permit-issuing official or his designated representative is to be permitted access, for purposes of inspection, at all times while the food vending commissary or food vending operation in his area of jurisdiction 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.

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

Section 14-5.186 - Embargo

14-5.186 Embargo.

(a) The permit-issuing official or his designated representative may, by written order, place an embargo order on any 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 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 vacate the order or embargo, or may, by written order, direct the embargoed food, or any part of it, to be continued to be held under embargo pending further testing, analysis or court action, to be destroyed, to be denatured and rendered inedible, to be released for return to a food processing plant for further processing, or to be released to another regulatory agency. The permit-issuing official will consider the hearing officer's recommendation in determining the disposition of the embargoed food.

(b) 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.

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

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

Section 14-5.187 - Suspension of permits

14-5.187 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: 
Friday, February 22, 1985
Doc Status: 
Complete

Section 14-5.188 - Closure

14-5.188 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 food vending commissary, food vending operation or on the food vending machine, 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 vending commissary or food vending operation is located.

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

Section 14-5.189 - Hearings

14-5.189 Hearings.

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

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

Section 14-5.190 - Emergency occurrences, reporting of foodborne disease

14-5.190 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 food vending commissary for food vending operation is to immediately notify the permit-issuing official.

(b) Any food service operator 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 14-5.191 - Waiver

14-5.191 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: 
Friday, February 22, 1985
Doc Status: 
Complete

Section 14-5.192 - Separability

14-5.192 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: 
Friday, February 22, 1985
Doc Status: 
Complete