ECB's Food Vendor Administrative Code and Health Code and Miscellaneous Food Vendor Violations Penalty Schedules

Proposed Rules: Closed to Comments

Comment By: 
Wednesday, October 16, 2013
Download Copy of Proposed Rule (.pdf): 


Statement of Basis and Purpose

 In accordance with the authority vested in the Environmental Control Board (ECB) by Sections 1049-a and 1043 of the New York City Charter, ECB is amending two (2) penalty schedules--the  Food Vendor Administrative Code Penalty Schedule (“Food Vendor Penalty Schedule”) found in Section 3-107 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (“Food Vendor Penalty Schedule”) and the Health Code and Miscellaneous Food Vendor Violations Penalty Schedule (“Health Penalty Schedule”) found in Section 3-110 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York.

The Department of Health and Mental Hygiene (DOHMH) extensively amended Title 24 RCNY Chapter 6 (Mobile Food Vending), effective April 11, 2013. Chapter 6 expands on general provisions in Health Code Articles 81 and 89. This has resulted in the need for changes in the current ECB Penalty Schedules including the addition of new penalties for Chapter 6 violations.

The most significant changes to Chapter 6 include a new §6-03 (Classification scheme for mobile food vending units). This section classifies units from “A” to “E” according to the kinds of operations (processing or non-processing), the kinds of food served (potentially hazardous requiring temperature control for safety or non-potentially hazardous) and whether or not foods are pre-packaged. The classifications determine the kind of equipment that will be required by the mobile food vendors. Provisions in §6-04 specify materials, construction and design and also require equipment to be properly maintained during use. These violations will be identified in the field while units are in operation and notices of violation will be issued.

Health Code and Chapter 6 penalties to be repealed or amended

The following penalties in §3-110 are being repealed or amended: 

  • Health Code §81.19 (b) – requires light bulbs to be shielded; replaced by 24 RCNY §6-04 (c), which requires adequate lighting as well as shielded bulbs
  • Health Code §81.21 – relating to handwash sinks, and Health Code §89.23 (f), which requires handwash sinks to be provided in accordance with Chapter 6, replaced by specific violations in 24 RCNY §6-04 (d), (f) and (i).
  • Health Code §81.31 – as recently amended now relates to outdoor cooking at establishments other than mobile food vending units and is being repealed. Health Code §89.05 (d) – not needed; this section authorizes the DOHMH to deny permits to ice cream trucks not equipped with beepers and signage; no penalty needed, since without equipment, permits are not issued
  • Health Code §89.23(d) – relates to equipment placement in a mobile food vending unit and is not needed as an operational violation, since improperly-placed equipment would preclude issuance of a permit



Public Hearing

Opportunity to comment on Proposed Rule regarding penalties for offenses adjudicated by the Environmental Control Board (ECB).

Public Hearing Date: 
Wednesday, October 16, 2013 - 3:30pm

James Macron
Counsel to the Board
66 John Street
10th Floor
New York, N.Y. 10038
(212) 436-0594

66 John Street 10th Floor, Conference Room
New York, NY 10038