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Appendices 23-A, 23-B and 23-C of Chapter 23 (Food Service Establishment Sanitary Inspection Procedures and Letter Grading)

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Rule status: Adopted

Agency: DOHMH

Effective date: October 4, 2021

Adopted Rule Full Text

Adopted rule summary:

The adopted rule amendments to all three appendices in Chapter 23 update the descriptions of violations to be consistent with the provisions of the Health Code and to promote consistency in enforcement and adjudications of violations for both mobile and non-mobile food service establishments. The appendices in Chapter 23 have been amended to match as much as possible the language, violation condition levels and penalties of Chapter 6’s recently 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 has added 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.

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