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Proposed Rules: Open to Comments

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Agency:
Comment By: 
Thursday, April 16, 2020
Proposed Rules Content: 
 
 

Statement of Basis and Purpose of Proposed Rule

 

When large, new buildings are designed, there currently is no requirement that such buildings consider waste management planning and incorporate measures for managing the substantial amount of refuse and recyclables generated by residents of such buildings. Curbside placement of piled bags of refuse generated at such buildings for collection by the Department of Sanitation (“DSNY”), given their large size, results in mountains of black bags placed along the curb on the sidewalks, not only obstructing pedestrian flow, but also impacting the quality of life of the surrounding area, especially in the summer months and after delayed collection during the winter months due to  snow.  These bags are also a huge food source for rats.  

The proposed rule would require owners and/or managing agents of certain new residential multiple dwellings to install a waste containerization system for the management of waste generated (unless DSNY determines that collection service through this system is not feasible).

Pursuant to Local Law 56 for the Year 1967, Local Law 11 for the Year 1971, and Chapter 907 of the Laws of 1985, DSNY, the Department of Health and Mental Hygiene (“DOHMH”), and the Department of Housing Preservation and Development (“HPD”) must jointly approve via rule (“Tripartite General Orders”) any new specifications for waste management systems in dwellings.

This jointly drafted proposed rule would amend the existing Tripartite General Orders by requiring owners and/or managing agents of certain new residential multiple dwellings, including commercial buildings that are turned into residential buildings, to install a waste containerization system to manage waste generated at such building unless DSNY determines that collection service through this system is not feasible.       

Specifically, this proposed rule would require the installation of a waste containerization system in:

  • Any new multiple dwelling building that contains 300 or more dwelling units; or
  • Any commercial building that is altered, enlarged or otherwise modified from its original physical design in order to be newly classified by the New York City Department of Buildings (“DOB”) as a multiple dwelling building that contains 300 or more dwelling units; or
  • Any commercial building having 50 percent or more of its floor area renovated in order to be classified by DOB as a multiple dwelling building that contains 300 or more dwelling units.

DSNY also reserves the right to waive this mandatory requirement if it determines such waste containerization system is not operationally feasible at any time for reasons including, but not limited to, one or more of the following:

  • the vehicle operator for DSNY must be able to drive safely any of its collection vehicles within the boundary lines of any private property that such collection vehicle must access. DSNY reserves the right to require the submission of drawings or plans, including, but not limited to, an auto-turn analysis depicting one of its collection vehicles; or
  • a DSNY collection truck must be able to enter and exit the waste holding area with normal and customary maneuvering by the operator; or
  • DSNY must have the necessary vehicles and equipment to collect the materials placed out for collection by the building through the waste containerization system; or  
  • the area in which such containers are stored, if located on private property, must continually be kept and maintained in good condition and not pose any threat of injury to DSNY workers or damage to its vehicles and equipment during collection; or
  • meeting all specifications outlined in section 17-12 of this subchapter.

DSNY may deny or suspend collection service to any building required by the proposed rule to have a waste containerization system if all provisions have not been met. 

In conjunction with section one of this rule, DSNY and HPD will amend their respective provisions of the existing Tripartite General Orders, which can be found in, respectively, Chapter 9 of Title 16 of the Rules of the City of New York and Chapter 27 of Title 28 of the Rules of the City of New York.

DOHMH’s authority for this rule is found in sections 556 and 1043 of the New York City Charter and section 27-2021 of the New York City Administrative Code.

 
Subject: 

Proposal to amend Chapter 17 of Title 24 of the Rules of the City of New York to require certain buildings to install and utilize waste containerization systems.

Location: 
New York City Department of Health and Mental Hygiene
125 Worth Street, Second Floor Auditorium
New York, NY 10013
Contact: 

Svetlana Burdeynik, (347) 396-6078, resolutioncomments@health.nyc.gov

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Open to Comments

Log in or register to post comments
Agency:
Comment By: 
Thursday, April 30, 2020
Proposed Rules Content: 
 

Statement of Basis and Purpose of Proposed Rule

 

Background

            The Department of Health and Mental Hygiene (the Department) regulates New York City food service establishments, which include a broad range of businesses and not-for-profit operations that provide food in individual portion sizes for consumption by members of the public, and enforces Article 81 (Food Preparation and Food Establishments) of the New York City Health Code (the Health Code).  Health Code §81.51 authorizes the Commissioner of the Department to promulgate rules establishing a system for grading and classifying inspection results.

Chapter 23 (Food Service Establishment Sanitary Inspection Procedures and Letter Grading) of Title 24 of the Rules of the City of New York (24 RCNY) implements such a system, and consists of rules and three appendices: 

  • Appendix 23-A (Food Service Establishment Inspection Worksheet) summarizes the subjects covered by a Department inspection and the points that can be assigned for each type of violation observed.
  • Appendix 23-B (Food Service Establishment Inspection Scoring Parameters-A Guide to Conditions) expands on the violation descriptions and provides examples of violations at different condition levels, from I (least serious) to V (most serious). 
  • Appendix 23-C (Food Service Establishments and Non Retail Food Service Establishments Penalty Schedule) sets forth the penalties to be imposed for both scored and unscored violations when the violations cited on Department inspections are sustained by hearing officers after a respondent appears to answer a summons or when the respondent fails to appear and is found in default.  

Reason for changes

At its March 10, 2015 meeting, the New York City Board of Health amended Health Code Article 81, reorganizing and renumbering several sections and adding some new provisions. Chapter 23’s Appendix 23-C was previously amended in rules effective August 8, 2015 to include most of the Health Code renumbering changes, so that penalties could be imposed following adjudications of the newly-numbered Health Code provisions, but the descriptions and condition levels assigned to violations in Appendices 23-A and 23-B were left unchanged.  In addition, effective December, 2018, a new scoring and grading scheme was established for mobile food vending unit inspections in accordance with amendments to Chapter 6 of the Department’s rules. Those amendments resulted from enactment of Local Law 108 of 2017. That local law added a new section 17-325.3 to the New York City Administrative Code (the “Administrative Code”), requiring the Department to establish a mobile food vending unit grading scheme consistent with Chapter 23’s scheme for grading non-mobile food service establishments.  

The Department is now proposing to amend all three appendices in Chapter 23 so that their descriptions of violations are consistent with the provisions of the Health Code and to promote consistency in enforcement and adjudications. The appendices in Chapter 23 are also being amended to match as much as possible the language, violation condition levels and penalties of Chapter 6’s newly amended appendices. Some distinctions will remain since mobile food vending unit operations and locations differ in facilities, functions and items vended compared with those of food service establishments located in permanent structures. For example, no toilets are required on mobile food vending units, and their operations do not include tobacco sales.  Appendices in Chapter 6 also reference specific mobile food vending violations of Chapter 6, Article 89 of the Health Code and Title 17 of the Administrative Code which are not applicable to non-mobile food service establishments. 

The Department proposes to add a scored violation for adulterating food with prohibited substances.  A recent amendment to the State Sanitary Code (14 NYCRR § 14-1.89) prohibits service of food and drink items with residual unevaporated carbon dioxide and liquid nitrogen, either of which can cause severe damage to skin and internal organs.  Other substances that are not approved under federal regulations as “generally recognized as safe” or “GRAS” food additives include activated charcoal, kava-kava, cannabidiol and marijuana.  See, https://www.fda.gov/food/generally-recognized-safe-gras/gras-notice-inventory

No changes proposed will reduce critical violation condition levels in Appendix 23-A and 23-B since these levels are based on determinations of public health risk by the Department and the US Food and Drug Administration’s Food Code.  As indicated in the listing below, a few violations are no longer being scored.    

Changes to the unscored violations listed in Appendix 23-C include new violations of  Department of Sanitation rules provisions related to composting which are enforced by the Department of Health at certain establishments.  Renumbered and additional violations and violation codes have been included for unscored tobacco-related violations to reflect changes in the Administrative Code and in the coding system used by Department inspectors.  

Changes proposed

Appendix 23-A and Appendix 23-B

The following is a list of violations and descriptions that are being amended to more accurately reflect the current provisions of Health Code Article 81, and to clarify terms.  Some condition levels and points are being amended, consistent with the Department’s assessment of  public health risk, adopting recommendations of the Food Service Establishment Advisory Board established in 2013 pursuant to section 17-1503 of the Administrative Code “to advise the Commissioner concerning matters related to the food service establishment sanitary inspection program … .”  Some of the Appendix 23-B examples of condition levels are also being amended to reflect conditions observed during inspections.  

As described below, the listed violation codes correspond to those in Appendices 23-A and 23-B, and the section (§) numbers to related Health Code provisions unless other law is cited.

 

Violation Code     

Health Code provision and description of change in Appendices 23-A and 23-B

 02A

§81.09(a) amends cooking temperatures and uses the term “TCS” (temperature control for safety) for “potentially hazardous foods” to characterize the foods to which the requirements apply

02C

§81.09 uses the term “cooled” instead of “refrigerated”

02F

§81.11 adds a reference to the new required written consumer advisory; condition level reduced from IV to I

02G

§81.09 specifies foods subject to temperature requirements

02H  

§81.09(e) clarifies that cooling starts upon removal from cooking or hot holding

02I

§81.09(e)(2) clarifies requirements for cooling food after removal from cold holding

02J

§81.12 adds requirements for reduced oxygen packaging (“ROP”)

03A     

§81.07(m) adds ‘on premises animals slaughtered’ to categories of foods from unapproved sources

03C

§81.07(c) clarifies prohibition on use of unpasteurized egg products

03D

§81.07(b) amends requirements for handling damaged hermetically sealed, canned foods and other food packaging

03E

§81.20(a) clarifies requirement for potable water supply

03I    

§81.04(e) adds provisions to prevent food borne illness from food establishment-packaged unpasteurized juices

04B

§81.13 adds spitting to food worker prohibited conduct

04D

§81.13(d) adds violations for failing to change gloves when required

04E

§81.23(d)(3) adds the term “pesticide”

04J      

§81.09(g) clarifies the violation for not using thermometers and decreases violation condition level from condition IV to condition I

04N

§81.23 adds “other nuisance pests” to categories of prohibited pests

04P

§71.05 prohibits adulteration of food and is being cited as a new scored violation; the category also includes the new Sanitary Code (10 NYCRR §14-1.89) prohibition on service of food with unevaporated liquid nitrogen and carbon dioxide 

05A

§81.20(b) adds requirement for a sewage disposal system

05C

§81.07(a)(1) adds requirement for a culinary sink or equivalent

05D     

§81.21(a) amends placement requirements for hand wash sinks

05F     

§81.18 adds requirement for outdoor refrigerators

05G    

§89.27(d) prohibits sidewalk, street use by a commissary for cleaning mobile food units

05H    

§81.46 adds requirements for reuse of refillable containers

06A    

§81.13 reflects additional worker hygiene requirements

06B    

§81.13(g) adds “e-cigarettes” to smoking prohibition for food workers

06J     

§89.27(b) requires record keeping at mobile vending commissaries

08A    

§81.23 not to be cited at condition III or IV for harborage or conditions conducive to pests unless pests or evidence of pests are also present; if pests are not present, “conditions conducive” alone such as defective walls and floors will be cited as category 10F non-food contact surface violations, at condition levels I through IV

08B    

§81.24 clarifies garbage handling requirements

08C    

§81.23(d)(4) prohibits use of unprotected unlocked bait stations

10G   

§81.29 deletes lower condition levels because if any step in utensil or ware washing is omitted, utensils and wares are not sanitized

10L & 10M

10L(requires covered receptacle in women’s toilet per State Sanitary Code §14-1.142) and 10M (§81.19 prohibiting unshielded light bulbs) are no longer enforced as scored violations and are therefore being deleted from Appendices 23-A and 23-B

99B   

General other. This category, originally intended to include unspecified Health Code violations, is being deleted from the lists of scored violations in Appendices A & B since any violations not included in appendices A and B are by definition unscored. Violations for unscored Health Code provisions cited on inspections are, however, subject to the minimum prescribed penalties of Health Code §3.11, and are included in the unscored violations penalties in Appendix 23-C.

 

            Appendix 23-C

            Appendix 23-C specifies civil penalties for food service establishment violations adjudicated at the Office of Administrative Trials and Hearings (“OATH”) Hearings Division. It also includes penalties for violations of other provisions of law enforced by the Department, including for lack of heating, and for illegal sales and use of tobacco, non-tobacco, electronic cigarettes, and other smoking products. 

Appendix 23-C is divided into penalties for scored violations specified in Appendices 23-A and 23-B, and for unscored food establishment and other violations enforced by the Department.  Because the codes for many of the unscored violation penalties were amended to be consistent with the codes in Department inspectors’ hand-held computers, the table of unscored penalties is being repealed and reenacted. 

Some of the penalty provisions of Appendix 23-C were previously amended in July, 2015 to reflect the 2015 Health Code Article 81 changes as well as earlier amendments to the Administrative Code related to sales of tobacco and non-tobacco smoking products and e-cigarette use.  Additional changes made to provisions of the Administrative Code –Smoke Free Air Act, Tobacco Product Regulation Act and Tobacco Sales Act –that are enforced by the Department are reflected in further amendments to Appendix 23-C’s unscored violation penalties.  The monetary penalties listed in Appendix 23-C for violations of City and State tobacco laws that are also enforced by the Department of Consumer Affairs (DCA) are consistent with DCA’s penalties. 

 

Scored Violations

Violation

Code

Citation and Amendments Proposed

02G

§81.12(d)(4) deletes the penalty for cold reduced oxygen packaged (ROP) food since there is a violation penalty for the same provision that includes all ROP foods.

03A

§81.07(m) new penalty for slaughtering animals in an FSE

03I

§81.04(e) new penalty for new Health Code provision requiring warning label for packaged unpasteurized juices

04B

§81.13 new penalty for spitting by food worker

04D

§81.13(d) new penalty for failing to change gloves when required

04N

§81.23 adds “other nuisance pests” to categories of prohibited pests

04P

§71.05 and State Sanitary Code §14-1.89 added when food is adulterated with non-GRAS substances

05F

§81.18 new penalty for improper outdoor refrigerator use, consistent with Health Code

05G

§89.27(d) new penalty for sidewalk, street use by commissary for cleaning mobile food units

05H

§81.46 new penalty if no approved written standard operating procedure when reusing customers’ refillable containers

06A

§81.13(f) new penalties reflect new Health Code worker hygiene requirements

06J

§89.27(b) new penalty for record keeping violations at mobile vending commissaries

08A

§89.23(b)(2) violation for not having pest exterminator contract is deleted from the scored violation penalties and added to the unscored penalties in category 18I

09C

§81.07(m) adds penalty for keeping edible live fish in insanitary tank

 

Unscored Violations

 

            As previously noted, this list of penalties is being repealed and re-enacted so that the referenced violation codes match those in Department inspectors’ hand-held computers.  A new column has been added for convenience to show the penalty to be imposed if the respondent fails to appear to answer a summons and is found in default since many of these penalties may not be doubled on default. 

New penalties have been added for violations of tobacco, smoking and related laws, Health Code sodium warning violations, additional calorie posting requirements consistent with federal law, dogs in certain outdoor seating areas of food service establishments, listing prohibited beverages on children’s menus, failing to post healthy eating messaging, and new organic recycling requirements.  Some previously scored violations that are being removed from the scored portion of Appendix 23-C have been added to the unscored portion of the Appendix. 

 

 Statutory Authority

The authority for these rules is found in §556 of the New York City Charter and §81.51 of the New York City Health Code (the Health Code).

 

 

Subject: 

Proposal to amend Appendices 23-A, 23-B and 23-C of Chapter 23 (Food Service Establishment Sanitary Inspection Procedures and Letter Grading) of Title 24 of the Rules of the City of New York to reflect the most recent amendments to Article 81 of the New York City Health Code and the New York City Administrative Code. The public hearing originally scheduled for Monday, April 6, 2020, has been POSTPONED. Details for the rescheduled public hearing will be announced when they are available.

Location: 
New York City Department of Health and Mental Hygiene, Gotham Center
42-09 28th Street, 14th floor, Room 14-34
Queens, NY 11101
Contact: 

Svetlana Burdeynik, (347) 396-6078 or ResolutionComments@health.nyc.gov

Proposed Rules: Open to Comments

Log in or register to post comments
Agency:
Comment By: 
Thursday, April 30, 2020
Proposed Rules Content: 
 
 

Statement of Basis and Purpose of Proposed Rule

Introduction

In 1998, New York State enacted a law that allowed cities having a population of one million or more to issue specialized vending licenses to honorably discharged members of the armed forces of the United States who were physically disabled as a result of injuries received while in service of the armed forces. Such specialized vending licenses authorized holders to hawk or peddle within the city issuing the license in accordance with the provisions of New York General Business Law section 35-a.

In 2013, the City of New York adopted section 6-13 of the Rules of the City of New York. Section 6-13 provides the requirements for disabled veterans with specialized vending licenses to obtain disabled veterans mobile food unit vending permits. These permits allow the operation of mobile food vending units on sidewalks surrounding parks under the jurisdiction of the New York City Department of Parks and Recreation.

Proposed Amendments

The proposed amendment seeks to remove subdivision (ii) of section 6-13, which requires any applicant for a disabled veterans mobile food unit vending permit to hold a currently valid general vendor license from DCA. This subdivision is being removed to conform the permit requirements applicable to disabled veterans to such requirements applicable to food vendors generally, which are not required to hold a general vendor license to sell food from a mobile unit.

Statutory Authority

The Department’s authority to adopt this proposed amendment is found in section 1043 of the Charter and section 17-325.3 of the Administrative Code.

 
 
Subject: 

Proposal to amend Section 6-13 of the Rules of the City of New York governing the licensing requirements for mobile food vending units by disabled veterans, to remove the requirement that an applicant hold a general vendor license from the New York City Department of Consumer Affairs (“DCA”).
The public hearing originally scheduled for Thursday, March 19, 2020, has been POSTPONED. Details for the rescheduled public hearing will be announced when they are available.

Location: 
New York City Department of Health and Mental Hygiene, Gotham Center
42-09 28th Street, 14th floor, Room 14-34
Queens, NY 11101
Contact: 

Svetlana Burdeynik, (347) 396-6078, ResolutionComments@health.nyc.gov

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, February 6, 2020
Proposed Rules Content: 
 
 

Statement of Basis and Purpose of Proposed Rule

 

Background

            The Department of Health and Mental Hygiene (the Department) regulates New York City food service establishments, which include a broad range of businesses and not-for-profit operations that provide food in individual portion sizes for consumption by members of the public, and enforces Article 81 (Food Preparation and Food Establishments) of the New York City Health Code (the Health Code).  Health Code §81.51 authorizes the Commissioner of the Department to promulgate rules establishing a system for grading and classifying inspection results.

Chapter 23 (Food Service Establishment Sanitary Inspection Procedures and Letter Grading) of Title 24 of the Rules of the City of New York (24 RCNY) implements such a system, and consists of rules and three appendices: 

  • Appendix 23-A (Food Service Establishment Inspection Worksheet) summarizes the subjects covered by a Department inspection and the points that can be assigned for each type of violation observed.
  • Appendix 23-B (Food Service Establishment Inspection Scoring Parameters-A Guide to Conditions) expands on the violation descriptions and provides examples of violations at different condition levels, from I (least serious) to V (most serious). 
  • Appendix 23-C (Food Service Establishments and Non Retail Food Service Establishments Penalty Schedule) sets forth the penalties to be imposed for both scored and unscored violations when the violations cited on Department inspections are sustained by hearing officers after a respondent appears to answer a summons or when the respondent fails to appear and is found in default.  

Reason for changes

At its March 10, 2015 meeting, the New York City Board of Health amended Health Code Article 81, reorganizing and renumbering several sections and adding some new provisions. Chapter 23’s Appendix 23-C was previously amended in rules effective August 8, 2015 to include most of the Health Code renumbering changes, so that penalties could be imposed following adjudications of the newly-numbered Health Code provisions, but the descriptions and condition levels assigned to violations in Appendices 23-A and 23-B were left unchanged.  In addition, effective December, 2018, a new scoring and grading scheme was established for mobile food vending unit inspections in accordance with amendments to Chapter 6 of the Department’s rules. Those amendments resulted from enactment of Local Law 108 of 2017. That local law added a new section 17-325.3 to the New York City Administrative Code (the “Administrative Code”), requiring the Department to establish a mobile food vending unit grading scheme consistent with Chapter 23’s scheme for grading non-mobile food service establishments.  

The Department is now proposing to amend all three appendices in Chapter 23 so that their descriptions of violations are consistent with the provisions of the Health Code and to promote consistency in enforcement and adjudications. The appendices in Chapter 23 are also being amended to match as much as possible the language, violation condition levels and penalties of Chapter 6’s newly amended appendices. Some distinctions will remain since mobile food vending unit operations and locations differ in facilities, functions and items vended compared with those of food service establishments located in permanent structures. For example, no toilets are required on mobile food vending units, and their operations do not include tobacco sales.  Appendices in Chapter 6 also reference specific mobile food vending violations of Chapter 6, Article 89 of the Health Code and Title 17 of the Administrative Code which are not applicable to non-mobile food service establishments. 

The Department proposes to add a scored violation for adulterating food with prohibited substances.  A recent amendment to the State Sanitary Code (14 NYCRR § 14-1.89) prohibits service of food and drink items with residual unevaporated carbon dioxide and liquid nitrogen, either of which can cause severe damage to skin and internal organs.  Other substances that are not approved under federal regulations as “generally recognized as safe” or “GRAS” food additives include activated charcoal, kava-kava, cannabidiol and marijuana.  See, https://www.fda.gov/food/generally-recognized-safe-gras/gras-notice-inventory

No changes proposed will reduce critical violation condition levels in Appendix 23-A and 23-B since these levels are based on determinations of public health risk by the Department and the US Food and Drug Administration’s Food Code.  As indicated in the listing below, a few violations are no longer being scored.    

Changes to the unscored violations listed in Appendix 23-C include new violations of  Department of Sanitation rules provisions related to composting which are enforced by the Department of Health at certain establishments.  Renumbered and additional violations and violation codes have been included for unscored tobacco-related violations to reflect changes in the Administrative Code and in the coding system used by Department inspectors.  

Changes proposed

Appendix 23-A and Appendix 23-B

The following is a list of violations and descriptions that are being amended to more accurately reflect the current provisions of Health Code Article 81, and to clarify terms.  Some condition levels and points are being amended, consistent with the Department’s assessment of  public health risk, adopting recommendations of the Food Service Establishment Advisory Board established in 2013 pursuant to section 17-1503 of the Administrative Code “to advise the Commissioner concerning matters related to the food service establishment sanitary inspection program … .”  Some of the Appendix 23-B examples of condition levels are also being amended to reflect conditions observed during inspections.  

As described below, the listed violation codes correspond to those in Appendices 23-A and 23-B, and the section (§) numbers to related Health Code provisions unless other law is cited.

 

Violation Code     

Health Code provision and description of change in Appendices 23-A and 23-B

 02A

§81.09(a) amends cooking temperatures and uses the term “TCS” (temperature control for safety) for “potentially hazardous foods” to characterize the foods to which the requirements apply

02C

§81.09 uses the term “cooled” instead of “refrigerated”

02F

§81.11 adds a reference to the new required written consumer advisory; condition level reduced from IV to I

02G

§81.09 specifies foods subject to temperature requirements

02H  

§81.09(e) clarifies that cooling starts upon removal from cooking or hot holding

02I

§81.09(e)(2) clarifies requirements for cooling food after removal from cold holding

02J

§81.12 adds requirements for reduced oxygen packaging (“ROP”)

03A     

§81.07(m) adds ‘on premises animals slaughtered’ to categories of foods from unapproved sources

03C

§81.07(c) clarifies prohibition on use of unpasteurized egg products

03D

§81.07(b) amends requirements for handling damaged hermetically sealed, canned foods and other food packaging

03E

§81.20(a) clarifies requirement for potable water supply

03I    

§81.04(e) adds provisions to prevent food borne illness from food establishment-packaged unpasteurized juices

04B

§81.13 adds spitting to food worker prohibited conduct

04D

§81.13(d) adds violations for failing to change gloves when required

04E

§81.23(d)(3) adds the term “pesticide”

04J      

§81.09(g) clarifies the violation for not using thermometers and decreases violation condition level from condition IV to condition I

04N

§81.23 adds “other nuisance pests” to categories of prohibited pests

04P

§71.05 prohibits adulteration of food and is being cited as a new scored violation; the category also includes the new Sanitary Code (10 NYCRR §14-1.89) prohibition on service of food with unevaporated liquid nitrogen and carbon dioxide 

05A

§81.20(b) adds requirement for a sewage disposal system

05C

§81.07(a)(1) adds requirement for a culinary sink or equivalent

05D     

§81.21(a) amends placement requirements for hand wash sinks

05F     

§81.18 adds requirement for outdoor refrigerators

05G    

§89.27(d) prohibits sidewalk, street use by a commissary for cleaning mobile food units

05H    

§81.46 adds requirements for reuse of refillable containers

06A    

§81.13 reflects additional worker hygiene requirements

06B    

§81.13(g) adds “e-cigarettes” to smoking prohibition for food workers

06J     

§89.27(b) requires record keeping at mobile vending commissaries

08A    

§81.23 not to be cited at condition III or IV for harborage or conditions conducive to pests unless pests or evidence of pests are also present; if pests are not present, “conditions conducive” alone such as defective walls and floors will be cited as category 10F non-food contact surface violations, at condition levels I through IV

08B    

§81.24 clarifies garbage handling requirements

08C    

§81.23(d)(4) prohibits use of unprotected unlocked bait stations

10G   

§81.29 deletes lower condition levels because if any step in utensil or ware washing is omitted, utensils and wares are not sanitized

10L & 10M

10L(requires covered receptacle in women’s toilet per State Sanitary Code §14-1.142) and 10M (§81.19 prohibiting unshielded light bulbs) are no longer enforced as scored violations and are therefore being deleted from Appendices 23-A and 23-B

99B   

General other. This category, originally intended to include unspecified Health Code violations, is being deleted from the lists of scored violations in Appendices A & B since any violations not included in appendices A and B are by definition unscored. Violations for unscored Health Code provisions cited on inspections are, however, subject to the minimum prescribed penalties of Health Code §3.11, and are included in the unscored violations penalties in Appendix 23-C.

 

            Appendix 23-C

            Appendix 23-C specifies civil penalties for food service establishment violations adjudicated at the Office of Administrative Trials and Hearings (“OATH”) Hearings Division. It also includes penalties for violations of other provisions of law enforced by the Department, including for lack of heating, and for illegal sales and use of tobacco, non-tobacco, electronic cigarettes, and other smoking products. 

Appendix 23-C is divided into penalties for scored violations specified in Appendices 23-A and 23-B, and for unscored food establishment and other violations enforced by the Department.  Because the codes for many of the unscored violation penalties were amended to be consistent with the codes in Department inspectors’ hand-held computers, the table of unscored penalties is being repealed and reenacted. 

Some of the penalty provisions of Appendix 23-C were previously amended in July, 2015 to reflect the 2015 Health Code Article 81 changes as well as earlier amendments to the Administrative Code related to sales of tobacco and non-tobacco smoking products and e-cigarette use.  Additional changes made to provisions of the Administrative Code –Smoke Free Air Act, Tobacco Product Regulation Act and Tobacco Sales Act –that are enforced by the Department are reflected in further amendments to Appendix 23-C’s unscored violation penalties.  The monetary penalties listed in Appendix 23-C for violations of City and State tobacco laws that are also enforced by the Department of Consumer Affairs (DCA) are consistent with DCA’s penalties. 

 

Scored Violations

Violation

Code

Citation and Amendments Proposed

02G

§81.12(d)(4) deletes the penalty for cold reduced oxygen packaged (ROP) food since there is a violation penalty for the same provision that includes all ROP foods.

03A

§81.07(m) new penalty for slaughtering animals in an FSE

03I

§81.04(e) new penalty for new Health Code provision requiring warning label for packaged unpasteurized juices

04B

§81.13 new penalty for spitting by food worker

04D

§81.13(d) new penalty for failing to change gloves when required

04N

§81.23 adds “other nuisance pests” to categories of prohibited pests

04P

§71.05 and State Sanitary Code §14-1.89 added when food is adulterated with non-GRAS substances

05F

§81.18 new penalty for improper outdoor refrigerator use, consistent with Health Code

05G

§89.27(d) new penalty for sidewalk, street use by commissary for cleaning mobile food units

05H

§81.46 new penalty if no approved written standard operating procedure when reusing customers’ refillable containers

06A

§81.13(f) new penalties reflect new Health Code worker hygiene requirements

06J

§89.27(b) new penalty for record keeping violations at mobile vending commissaries

08A

§89.23(b)(2) violation for not having pest exterminator contract is deleted from the scored violation penalties and added to the unscored penalties in category 18I

09C

§81.07(m) adds penalty for keeping edible live fish in insanitary tank

 

Unscored Violations

 

            As previously noted, this list of penalties is being repealed and re-enacted so that the referenced violation codes match those in Department inspectors’ hand-held computers.  A new column has been added for convenience to show the penalty to be imposed if the respondent fails to appear to answer a summons and is found in default since many of these penalties may not be doubled on default. 

New penalties have been added for violations of tobacco, smoking and related laws, Health Code sodium warning violations, additional calorie posting requirements consistent with federal law, dogs in certain outdoor seating areas of food service establishments, listing prohibited beverages on children’s menus, failing to post healthy eating messaging, and new organic recycling requirements.  Some previously scored violations that are being removed from the scored portion of Appendix 23-C have been added to the unscored portion of the Appendix. 


 Statutory Authority

The authority for these rules is found in §556 of the New York City Charter and §81.51 of the New York City Health Code (the Health Code).

  
Subject: 

Proposal to amend Appendices 23-A, 23-B and 23-C of Chapter 23 (Food Service Establishment Sanitary Inspection Procedures and Letter Grading) of Title 24 of the Rules of the City of New York to reflect the most recent amendments to Article 81 of the New York City Health Code and the New York City Administrative Code.

Location: 
New York City Department of Health and Mental Hygiene, Gotham Center
42-09 28th Street, 14th floor, Room 14-31
Queens, NY 11101
Contact: 

Svetlana Burdeynik , (347) 396-6078 or ResolutionComments@health.nyc.gov

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 
 

Statement of Basis and Purpose

Article 49 of the New York City Health Code governs health and safety requirements for schools. Children attending Article 49 schools are required to be appropriately immunized pursuant to New York State Public Health Law §2164. On June 13, 2019, New York State Public Health Law § 2164 was amended to remove the availability of a religious exemption from childhood immunization requirements. The Board of Health is amending § 49.05 by establishing a new subdivision (c) for consistency and clarity and to assist in enforcement by providing child immunization requirements that conforms with updated § 2164 of the New York State Public Health Law. This legislative update was in response to two contemporaneous measles outbreaks occurring in Rockland County and New York City. Most of the New York City cases (73%) occurred in the Williamsburg neighborhood and were concentrated among Orthodox Jewish persons. A total of 649 outbreak-associated cases of measles were confirmed in New York City, with rash onsets from September 30, 2018 through July 15, 2019. There were 49 measles-related hospitalizations and 20 admissions to intensive care due to measles complications. Most of the cases (527 or 81%) were diagnosed in people younger than 18. Accordingly, the Board is adopting these amendments to require child immunization requirements to minimize the risk of future vaccine-preventable disease outbreaks.

 The Board is also amending § 49.07 by establishing a new subdivision (d) to require schools that are provided a nurse, public health advisor or school health services aide by the Office of School Health (either through the Department or the Department of Education) to have a medical room that complies with certain requirements. Section 17-187 of the New York City Administrative Code requires the Department to provide upon request to schools with a certain student population a nurse, public health advisor or school health services aide when such schools maintain an appropriate medical room where such health professional can carry out their duties.  The purpose of this rule amendment is to establish such appropriate medical room requirements in accordance with § 17-187 of the New York City Administrative Code.

Finally, the Board is amending § 49.01 so that these changes concerning child immunizations and requirements regarding a medical room also apply to public and private high schools.

 

Legal Authority

These amendments to the Health Code are promulgated pursuant to §§ 558 and 1043 of the New York City Charter.  Sections 558 (b) and (c) of the Charter empower the Board to amend the Health Code and to include in the Health Code all matters to which the authority of the Department extends.  Section 1043 grants the Department rule-making authority. 

 
Effective Date: 
Mon, 01/27/2020

Adopted Rules: Closed to Comments

Adopted Rules Content: 
 
 

Statement of Basis and Purpose of Rule

 

The Board of Health is amending Article 48 of the New York City Health Code, which governs summer camps operating in New York City (“NYC”) for children under age 16.  Article 48 provides standards of service and operational requirements designed to protect the health and well-being of children while camping and has not been significantly updated since its repeal and reenactment in 1982.  In 2016, the New York State (“NYS”) Department of Health substantially updated its regulations relating to children’s camps contained in the NYS Sanitary Code (“Sanitary Code”), located in 10 NYCRR Part 7, Subpart 7-2, particularly as to camps that serve children with developmental disabilities.

 

The Board adopts these changes primarily to be consistent with NYS Department of Health regulations adopted in 2016 relating to children’s camps contained in the NYS Sanitary Code (“Sanitary Code”), located in 10 NYCRR Part 7, Subpart 7-2, particularly as to its updated requirements for camps serving children with disabilities. Sanitary Code protections for developmentally disabled children that are being adopted in these rules provide that:

  • Staff that have direct care responsibilities of campers with disabilities must receive training relevant to the specific needs of the campers in their charge;
  • Camps must obtain and implement, as appropriate, care and treatment plans for campers with disabilities that have such plans as well as obtain other available information relevant to the care and specific needs of a camper with disabilities including pre-existing medical conditions, allergies, modified diets, and activity restrictions;
  • During swimming activities, camps must provide one counselor for each camper who is non-ambulatory or has a disability that may result in an increased risk for an emergency in the water;
  • Camps must obtain parent/guardian’s written permission to allow campers with developmentally disabilities to participate in swimming activities;
  • Camps must develop procedures and training for handling seizures or aspiration of water by campers with developmental disabilities that may occur during swimming activities;
  • All lavatories and showers used by campers with physical disabilities must be equipped with specialized features and grab bars;
  • Lavatories and showers used by campers with a disability, who are unable to moderate water temperature safely, shall have a water temperature not greater than 110 degrees Fahrenheit;
  • Buildings housing non-ambulatory campers shall have ramps to facilitate access.
  • Non-ambulatory campers may not have housing above ground level; and
  • Exterior paths must be constructed and maintained, as appropriate for the camp population served, to provide for safe travel during inclement weather.

Specifically, these Article 48 amendments include, among other things:

  • a revised and expanded definitions section (§48.03)
  • revised record keeping and due process requirements (§§48.07, 48.09)
  • updated staffing, screening, training and ratio requirements (§§48.09, 48.11 and 48.12)
  • elimination of religious exemptions from child vaccination requirements (§48.17)
  • updated developmental disability camp requirements, including for incident reporting, investigation and enforcement (§48.25).

 

Legal Authority

These amendments to the Health Code are adopted pursuant to §§ 558 and 1043 of the NYC Charter.  Sections 558 (b) and (c) of the Charter empower the Board to amend the Health Code and to include in the Health Code all matters to which the authority of the Department extends.  § 1043 grants the Department rule-making authority. 

“Shall” and “must” denote mandatory requirements and may be used interchangeably in the text below, unless otherwise specified or unless the context clearly indicates otherwise.

 
Effective Date: 
Mon, 01/27/2020

Adopted Rules: Closed to Comments

Adopted Rules Content: 
 
 

Statement of Basis and Purpose

 

The New York City Board of Health is amending Article 47 of the New York City Health Code .  These amendments align the Health Code with recent legislative changes to the New York State (“NYS”) Public Health Law and the New York City (“NYC”) Administrative Code.  On June 13, 2019, NYS Public Health Law § 2164 was amended to remove the exemption from childhood immunization requirements due to religious beliefs.  Article 47 (§ 47.25) of the Health Code is being amended to incorporate this change.  On March 13, 2019, the NYC Council passed multiple amendments to the NYC Administrative Code, which among other things, updated the requirements for conducting an annual survey for lead-based paint hazards for all day care services (See Local Laws 64, 66, 67 and 71 of 2019).  As per Local Law 64 of 2019, “day care service” means “a program or service regulated by articles 43 and 47 of the New York city health code.”  Accordingly, Article 47 (§47.63) of the Health Code is being amended to incorporate these updated annual survey requirements. Changes to the Health Code are also being made in response to other recent state legislation prohibiting use of crib bumper pads and to require anchors for furniture that could topple over.  Other Health Code amendments have been made to provide greater clarity and to remove text which was inadvertently included in prior amendments. 

 

Legal Authority

These amendments to the Health Code are promulgated pursuant to §§ 558 and 1043 of the NYC Charter.  Sections 558 (b) and (c) of the Charter empower the Board to amend the Health Code and to include in the Health Code all matters to which the authority of the Department extends.  Section 1043 grants the Department rule-making authority. 

 
 
Effective Date: 
Mon, 01/27/2020

Adopted Rules: Closed to Comments

Adopted Rules Content: 
 
 

Statement of Basis and Purpose

 

The Board of Health (“Board”) is adopting certain child health and safety amendments to Article 43 of the New York City Health Code (“Health Code”).  Article 43 provides health and safety requirements for children ages 3 to 5 attending a kindergarten or pre-K program located within a school or that is part of a school. Article 43 requirements are intended to supplement regulations in the Health Code that currently apply to all schools. 

Historically, Article 43 programs were previously regulated under Health Code Article 47 (“Child Care Programs and Family Shelter-Based Drop-Off Child Supervision Programs”) except that they were not required to obtain a permit. However, many of the provisions in Article 43 have not been updated since 2008, whereas Article 47 is and has been far more frequently updated.  These amendments align Article 43 with some of the more current child health and safety requirements provided in Article 47 and supported by the larger childcare sector.

 

These amendments make changes to conform the Health Code with recent changes in state and local law, including updated immunization and lead-based paint hazards requirements.  On June 13, 2019, NYS Public Health Law § 2164 was amended to remove the religious exemption from childhood immunization requirements.  Article 43 (§43.17) of the Health Code is now amended to incorporate this state legislative change.  On March 13, 2019, the NYC Council passed multiple amendments to the NYC Administrative Code concerning child care programs, which among other things, updated the requirements for conducting an annual survey for lead-based paint hazards for all day care services (See, for example, Local Laws 64, 66, 67 and 71 of 2019).  As per Local Law 64 of 2019, “day care service” means “a program or service regulated by articles 43 and 47 of the New York city health code.”  Accordingly, Article 43 (§43.23) of the Health Code is now amended to incorporate these updated annual survey requirements.

Legal Authority

These amendments to the Health Code are made pursuant to §§ 558 and 1043 of the NYC Charter.  Sections 558 (b) and (c) of the Charter empower the Board to amend the Health Code and to include in the Health Code all matters to which the authority of the Department extends.  Section 1043 grants the Department rule-making authority. 

 

Effective Date: 
Mon, 01/27/2020

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, November 15, 2019
Proposed Rules Content: 
 
 

Statement of Basis and Purpose

Article 49 of the New York City Health Code governs health and safety requirements for schools. The Department of Health and Mental Hygiene (DOHMH) proposes that the Board of Health amend Article 49 Section 49.05 to establish child immunization requirements that conform with § 2164 of the New York State Public Health Law. DOHMH further proposes amending Article 49 Section 49.07 to require each school to have a medical room so that health professionals may properly perform their duties.  Finally, the Department proposes that Article 49 Section 49.01 be amended to confirm that the proposed changes concerning child immunization also apply to public and private high schools.

Legal Authority

These amendments to the Health Code are proposed pursuant to §§ 558 and 1043 of the New York City Charter.  Sections 558 (b) and (c) of the Charter empower the Board to amend the Health Code and to include in the Health Code all matters to which the authority of the Department extends.  Section 1043 grants the Department rulemaking authority. 

This proposal was not included in the Department’s Fiscal Year 2020 regulatory agenda as its need was not required at the time of publication.

 
 
Subject: 

Proposed resolution to amend Article 49 (Schools) of the New York City Health Code.

Location: 
New York City Department of Health and Mental Hygiene, Gotham Center
42-09 28th Street, 3rd floor, Room 3-32
Queens, NY 11101
Contact: 

Svetlana Burdeynik at (347) 396-6078 or ResolutionComments@health.nyc.gov

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, November 15, 2019
Proposed Rules Content: 
 
 

Statement of Basis and Purpose of Proposed Rule

 

The New York City Department of Health and Mental Hygiene (“Department”) is proposing that the Board of Health (“Board”) amend Article 48 of the New York City Health Code (“Health Code”), which governs summer camps operating in New York City (“NYC”) for children under age 16.

The Department proposes these changes primarily to be consistent with applicable New York State (“NYS”) Department of Health regulations relating to children’s camps contained in the NYS Sanitary Code (“Sanitary Code”), located in 10 NYCRR Part 7, Subpart 7-2.  

Specifically, the proposed rules include, among other things:

  • a revised and expanded definitions section (§48.03)
  • revised record keeping and due process requirements (§§48.07, 48.09)
  • updated staffing, screening, training and ratio requirements (§§48.09, 48.11 and 48.12)
  • elimination of religious exemptions from child vaccination requirements (§48.17)
  • updated developmental disability camp requirements, including for incident reporting, investigation and enforcement (§48.25).

Legal Authority

These amendments to the Health Code are proposed pursuant to §§ 558 and 1043 of the NYC Charter.  Sections 558 (b) and (c) of the Charter empower the Board to amend the Health Code and to include in the Health Code all matters to which the authority of the Department extends.  §1043 grants the Department rule-making authority. 

This proposal was included in the Department’s FY2020 regulatory agenda.

 
Subject: 

Proposed resolution to amend Article 48 (Summer Camps) of the New York City Health Code.

Location: 
New York City Department of Health and Mental Hygiene, Gotham Center
42-09 28th Street, 3rd floor, Room 3-32
Queens, NY 11101
Contact: 

Svetlana Burdeynik at (347) 396-6078 or ResolutionComments@health.nyc.gov

Download Copy of Proposed Rule (.pdf): 

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