§ 81.04 Approved Sources of Food.
RCNY § 81.04
Food shall be obtained from sources approved by the appropriate regulatory authority having jurisdiction over such food source and shall comply with all federal, state and city laws, rules, and regulations related to food, the use of food, and food labeling.
(a)Frozen desserts. Frozen desserts shall be identified, manufactured, and sold in accordance with Article 4-A of the State Agriculture and Markets Law or any successor statute.
(b)Meat. No meat shall be served or sold in a food service or non-retail food processing establishment unless the meat is inspected and approved by the United States Department of Agriculture or any other authorized government agency.
(c)Shellfish tags. Fresh and frozen shellfish, shelled or shucked shellfish (oysters, clams, scallops, scallops with roe attached or mussels) shall be identified with the name and address of the original shell stock processor, shucker-packer or repacker, and the foreign intrastate and interstate identification number issued pursuant to applicable law. Identification tags shall be retained on the premises for 90 days from the date the shellfish was used, in accordance with State Sanitary Code § 14-1.33(b) or any successor provision. No tags are required to be kept for shucked scallop abductor muscles.
(d)Exotic and game animals. Exotic animals not native to New York State and any game animals served in food service establishments must be obtained from commercially regulated sources, such as those described in regulations of the State Department of Agriculture and Markets found at 1 NYCRR § 271-2.2, or successor regulations.
(e)Labeling unpasteurized packaged juices.
(1)Definitions. For the purposes of this subdivision: (A) Juice means the aqueous (water-based) liquid expressed or extracted from one or more fruits or vegetables, purees of the edible portions of one or more fruits or vegetables, or any concentrates of such liquid or purees. (B) Packaged juice means juice that has been sealed in bottles or other containers.
(2)Labeling. Unpasteurized packaged juices prepared by a food service establishment for direct sale to the establishment's patrons must be labeled in accordance with 24 RCNY Health Code § 71.05(d) so as not to be misbranded, and such label must include the following information: (A) Food ingredients, using common names; (B) Food additives, if any; (C) Name and address of the entity that packaged the juice; (D) "Use by" date; (E) The statements: "WARNING: This product has not been pasteurized. It may contain harmful bacteria that can cause serious illness, especially in children, elderly persons and persons with weakened immune systems." and "Must keep refrigerated." (3) Juice produced for wider distribution. Juice produced and/or packaged by any establishment that is distributed at wholesale or to any persons other than the establishment's patrons must be produced and packaged in accordance with 21 C.F.R. Part 120, or any successor regulations. (Amended City Record 7/9/2015, eff. 8/8/2015)
