ECB's Health Code and Miscellaneous Food Vendor Violations Penalty Schedule
Proposed Rules: Closed to Comments
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 the Health Code and Miscellaneous Food Vendor Violations 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 (“Penalty Schedule”) concerning penalties for violations of various provisions of the NYC Health Code (“Health Code”) related to the enforcement of Article 161 (Animals).
Sections 1, 2 and 3
These sections add penalties for violations of the Health Code relating to inspections of various animal handling and servicing facilities. These facilities include pet shops that sell small animals (other than cats and dogs), animal shelters and boarding and grooming facilities (including horse stables). In addition, three charges relate to guard dogs.
Notices of violation for these violations when issued by the Department of Health and Mental Hygiene ("DOHMH") are currently returnable to the Health Tribunal. Notices of violation issued for many of these sections of the Health Code by agencies other than the DOHMH are returnable to the ECB and the penalties for their violation are in ECB rules. Among the animal–related Health Code violations already heard at ECB are:
· unlawfully keeping/selling/giving a wild animal,
· control of dogs and other animals to prevent nuisance,
· violations pertaining to dog tags and licenses,
· failure to restrain a dog,
· and owning or harboring a dog or cat which has not been immunized against rabies.
The DOHMH plans to use public health sanitarians from DOHMH’s Pest Control Services program, who currently only write notices of violation for rats and rat harborage conditions returnable to ECB, to respond to animal nuisance complaints. Accordingly, DOHMH has requested that adjudication of these animal-related cases be moved to ECB in order to enhance its enforcement efforts.
This section amends the description for Health Code §89.19(f)(2) to reflect Board of Health amendments of this Health Code provision that became effective July 22, 2011. The 2011 rulemaking resulted from the Board of Health's conclusion that, when properly stored and prepared, most cooked fish and other aquatic animal food products may be safely sold from either a temporary or a mobile vending establishment. Thus, the provision now allows for sale and service of cooked fish and aquatic animal products on a mobile food vending unit. The sale and service of raw fish products is still prohibited. The penalty amount remains the same.