Section 3-107 Subscribe to RSS - Section 3-107

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Final Rule

 

The Environmental Control Board held a Public Hearing on October 16, 2103 on three (3) Proposed Rules concerning amendments to its Rules of Procedure, Department of Transportation (“DOT”) Penalty Schedule, Food Vendor Administrative Code Penalty Schedule and the Health Code and Miscellaneous Food Vendor Violations Penalty Schedule. As a result of the October 16, 2013 Public Hearing, 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. One member of the public attended the Public Hearing and two (2) representatives  of  DOT and two (2) representatives  of  the Department of Health and Mental Hygiene (“DOHMH”) attended the public hearing;  the member of the public testified at the public hearing on this proposed rule. No written comments were received. The Board has considered the testimony from the member of the public concerning the Proposed Rule.

 

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

 

Effective Date: 
Sun, 12/15/2013

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, October 16, 2013
Proposed Rules Content: 

  

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

 

 

Subject: 

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

Location: 
ECB
66 John Street 10th Floor, Conference Room
New York, NY 10038
Contact: 

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

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Final Rule

 

The Environmental Control Board (ECB) held a Public Hearing on August 6, 2013 regarding amendments to its Food Vendor Administrative Code Penalty Schedule found in Section 3-107 of Subchapter G of Chapter 3 Title 48 of the Rules of the City of New York (“RCNY”) and its General Vendor Penalty Schedule found in Section 3-109 of Subchapter G of Chapter 3 of Title 48 of the RCNY. A representative from the Department of Consumer Affairs attended the Public Hearing. Neither written comments nor oral testimony were presented at the August 6, 2013 Public Hearing concerning the Proposed Rule.

 

The rule amends the Food Vendor Penalty Schedule and the General Vendor Penalty Schedule to include recent changes in laws and rules.

 

Vending Prohibited Within 20 Feet of Residential Building Exits

 

On March 18, 2013, Local Law 18 of 2013 was enacted. This local law amended Administrative Code sections 17-315 (d) and 20-465(d) to prohibit vending within twenty (20) feet of exits of buildings that are exclusively residential at street level. This law also deleted paragraph (3) of section 20-465 (q), which made it illegal to vend with ten (10) feet from entrances or exits to buildings that are exclusively residential at the street level.

 

Vending Prohibited Next to No-Standing Zones at Hospitals and Health Facilities

 

On March 18, 2013, Local Law 19 of 2013 was enacted. This local law amended Administrative Code sections 17-315 (e) and 20-465 (e), making it illegal to vend next to no-standing zones at hospitals or other health facilities.

 

Changes to Multiple Offense Schedule

 

Third, on May 8, 2013 the City Council enacted Int. 434-A, which will become effective 120 days from that date. This local law, Local Law 38 of 2013, will become effective on September 5, 2013 and lowers the maximum penalty that can be charged for vending violations subject to a multiple offense schedule from $1,000 to $500. The law also narrows the scope of what is considered a subsequent violation to include only violations of the same section of law issued to the same respondent within two (2) years of the date of offense of the previous notice of violation.

 

 

Effective Date: 
Fri, 09/06/2013

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, August 6, 2013
Proposed Rules Content: 

 

 

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 General Vendor Penalty Schedule found in Section 3-109 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York.

 

The proposed rule amends the Food Vendor Penalty Schedule and the General Vendor Penalty Schedule to include recent changes in laws and rules.

 

Vending Prohibited Within 20 Feet of Residential Building Exits

 

First, on March 13, 2013, the City Council adopted and the Mayor signed into law Int. 727-A. This bill amended Administrative Code sections 17-315 (d) and 20-465(d) to prohibit vending within twenty (20) feet of exits of buildings that are exclusively residential at street level. The bill also deleted paragraph (3) of section 20-465 (q), which made it illegal to vend with ten (10) feet from entrances or exits to buildings that are exclusively residential at the street level.

 

Vending Prohibited Next to No-Standing Zones at Hospitals and Health Facilities

 

Second, on the same date, the Council adopted Int. 789-A. This law amends Administrative Code sections 17-315 (e) and 20-465 (e), making it illegal to vend next to no-standing zones at hospitals or other health facilities.

 

Changes to Multiple Offense Schedule

Third, on May 8, 2013 the City Council enacted Int. 434-A, effective 120 days from that date. The law lowers the maximum penalty that can be charged for vending violations subject to a multiple offense schedule from $1,000 to $500. The law also narrows the scope of what is considered a subsequent violation to include only violations of the same section of law issued to the same respondent within two (2) years of the date of offense of the previous notice of violation.

 

 

Subject: 

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

Location: 
ECB
66 John Street 10th Floor Conference Room
New York, NY 10038
Contact: 

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