§ 6-02 Definitions.
RCNY § 6-02
Words and terms used in this Chapter have the following meanings: Acceptable to the Department means acceptable under conditions of use and being used in conformance with applicable regulatory, industrial or other safety standards. Active food vendor license means an unexpired food vendor license issued by the Department that authorizes the holder to vend food from a mobile food vending unit and which license is not in suspension nor revoked or surrendered. Compliance inspection means an inspection conducted within an inspection cycle that is not conducted for the purpose of grading. Condition level means the value (I, II, III, IV or V) based on the number, magnitude or pervasiveness of occurrences, or the seriousness of risk presented by a violation. Contaminated has the meaning set forth in 24 RCNY Health Code Article 81. Critical violations means the violations of the Health Code or other applicable law listed under the classification "critical violation" in Appendices 6-A and 6-B to this Chapter. Cure means that the respondent has submitted proof of having corrected a first-time violation and the Department has accepted such proof. Decal has the same meaning as in 24 RCNY Health Code Article 89. Detergent sanitizer means a solution used to wash and/or sanitize utensils and equipment. First-time violation means a violation of law, listed in Appendix 6-C, 6-C-2, or 6-C-3 of this Chapter, committed by a respondent for the first time and cited on a summons that either is pending or has not been adjudicated by OATH as defaulted or sustained. Food has the meaning set forth in 24 RCNY Health Code Article 71. Food grade material means material certified as meeting the standards of the National Sanitation Foundation (NSF) or other organization utilizing a process approved by the American National Standards Institute (ANSI), or that is otherwise acceptable to the Department in compliance with 24 RCNY Health Code § 81.17 or successor provision. During use with food products such material shall not react with such food products or food contact surfaces; and shall not contaminate or impart any odor, color or taste to such food products. No food additive, food equipment, lubricant or other similar substance used in food processing, preparation, storage or service shall expose food to physical debris, toxic chemicals, harmful substances or other contaminants. Former FTP Waiting List means a full-term permit waiting list as formerly provided in 24 RCNY Chapter 19, entitled "Waiting List Rules for Full-term and Temporary Mobile Food Unit Permits and Full-term Mobile Food Unit Permits Designated Exclusively for Use in Specific Boroughs," which went into effect on January 4, 1996 and was amended on November 11, 2022 to omit references to full-term permit waiting lists. General violations means violations listed under classification "general violations" in the Appendices 6-A and 6-B to this Chapter. Grade card or card means the document or sticker issued by the Department to a mobile food vending unit indicating the letter grade associated with the score for an inspection of that unit. Grade pending card means the document or sticker issued by the Department to a mobile food vending unit indicating the unit's grade for the current inspection cycle is in the process of being determined. Green cart has the meaning set forth in § 17-306(s) of the Administrative Code or successor provision. Initial inspection means the first sanitary inspection within an inspection cycle. Inspection cycle means a series of inspections of a mobile food vending unit that are conducted, pursuant to 24 RCNY §§ 6-17 and 6-18 that begins with each initial inspection. Legacy permit means an unexpired mobile food vending permit that issued before July 1, 2022, except for the following permit types: (i) permits issued for green carts as defined in 24 RCNY § 6-02 and in the Administrative Code § 17-306(s); (ii) temporary/seasonal permits which authorize mobile food vending where allowed from April 1 through October 31; (iii) restricted area permits as defined in this Chapter; or (iv) permits issued to veterans with a disability who hold a specialized vendor license. Location sharing device means an electronic device installed to a mobile food vending unit that transmits the geographic location of the unit with sufficient accuracy to locate such unit on a street or other location. Mobile food commissary or other facility approved by the Department means either (i) A commissary that complies with the requirements of 24 RCNY Health Code Article 81 and 24 RCNY Health Code § 89.27, or (ii) Another facility providing storage and/or cleaning of no more than four Class D or Class E mobile food vending units, nor more than one food truck, in accordance with 24 RCNY § 6-08. Mobile food vending unit (MFVU) or unit has the same meaning as in 24 RCNY Health Code Article 89. Operate or operation of a mobile food vending unit shall have the same meaning as in 24 RCNY Health Code Article 89. Person with a disability has the same meaning as "disabled person" as defined in Administrative Code § 17-306(m). Potable water means drinking water that meets the drinking water requirements of subpart 5-1 of the State Sanitary Code and is thereby suitable for human consumption or use directly or indirectly in connection with the preparation of food for human consumption, including ice making and cleaning of utensils and equipment. Potentially hazardous food has the same meaning as "potentially hazardous food or time and temperature controlled for safety (TCS) food" means in 24 RCNY Health Code Article 81. Pre-permit inspection by the Department means the inspection of a mobile food vending unit in which the Department determines that the unit has been constructed and equipped in accordance with this Chapter. A pre-permit inspection by the Department is required: (i) Before the issuance of a new or renewed mobile food vending permit and decal; (ii) When a permittee seeks to replace a mobile food vending unit with another unit; (iii) When a permittee seeks to amend a permit classification from non-processing to processing or processing to non-processing; (iv) When a mobile food vending unit has sustained a material alteration, as defined in 24 RCNY Health Code § 89.03(e); or (v) When any permit decal has been removed. Processing means transforming food into the form in which it is to be served to the mobile food vending unit patron, including, but not limited to, by means of slicing, dicing, grating, portioning, blending, mixing, combining, cooking and reheating, or otherwise treating food in such a way as to create a risk that it may become adulterated if improperly handled. Portioning by butchering is not allowed; food may be processed on a mobile food vending unit only in accordance with 24 RCNY Health Code Article 89. A person who processes food on a mobile food vending unit is not a manufacturer, as that term is defined in Administrative Code § 17-306(p), or successor provision of law. Public health hazards means critical violations that are known to contribute directly to food-borne illness or disease, identified with an asterisk (*) in Appendix 6-A of this Chapter, and which include but are not limited to, imminent health hazards defined in 24 RCNY Health Code Article 81 and Part 14 of the State Sanitary Code. Reinspection means a sanitary inspection conducted for the purposes of grading following receipt of a score of 14 or more points on an initial inspection. Restricted area permit means a permit that authorizes mobile food vending on "private space" or "restricted space" as those terms are defined in 24 RCNY Health Code § 89.03. Sanitization means effective treatment by heat or chemical means that destroys pathogens on surfaces treated and is acceptable to the Department, as defined in 24 RCNY Health Code § 81.03(ii), or successor provision. Summons means a civil notice of violation or other document issued by the Department or other City agency to a mobile food vending permit-holder or vendor that charges a violation of the Health Code, or any other law or rule, for which a monetary penalty is sought, and which is adjudicated at the Office of Administrative Trial and Hearings. Supervisory license has the same meaning as and carries the restrictions provided in Administrative Code §§ 17-306(v) and 17-307.1, respectively. Supervisory license-associated permit means a mobile food vending permit issued to a supervisory license holder that authorizes vending from a vehicle or pushcart only when a supervisory license holder is present and vending. Veteran has the same meaning as provided in Administrative Code § 17-306(j). Veteran with a disability has the same meaning as "disabled veteran" as that term is defined in Administrative Code § 17-306(k). Ware washing or multi-compartment sink means a sink, other than a hand wash, dedicated to washing cookware, kitchenware and utensils. (Amended City Record 11/9/2018, eff. 12/9/2018; amended City Record 10/12/2022, eff. 11/11/2022; amended City Record 2/3/2023, eff. 3/5/2023)
