§ 81.17 General Requirements: Design, Construction, Materials and Maintenance.
RCNY § 81.17
(a)Use of residential premises prohibited.
(1)No food service or non-retail food processing establishment permit shall be issued for, and no food service or non-retail processing establishment shall be located in, a private home or apartment.
(2)Food shall not be processed, prepared, packed or stored in a private home or apartment except in accordance with § 251-2-4 of the Agriculture and Markets Law and 1 NYCRR § 276.4, or successor provisions, and no part of any food service establishment shall be located in any rooms used for dwelling or sleeping purposes.
(b)Size of establishments and work areas.
(3)Dressing areas. Dressing and locker areas shall not be located in food preparation, storage or ware washing areas.
(c)Equipment, installation and maintenance. Materials used to construct or repair equipment shall be of sufficient strength and thickness to withstand ordinary establishment usage and to permit cleaning and sanitizing. Equipment shall be installed flush with and sealed to the floor, or raised a minimum of six inches above the floor, or easily moveable to allow accessibility for cleaning on all sides, above and underneath the equipment. All equipment shall be maintained in working order.
(d)Food contact surfaces. Food contact surfaces of utensils and equipment shall be constructed of food grade materials, shall not be painted, and shall not contain lead, cadmium or any other substance that is toxic or may react with food, cleaning or sanitizing materials to form harmful compounds, or render food unwholesome or detrimental to health, and shall not impart any odor, color or taste to food.
(4)Cleaning and polishing food contact surfaces. No substance containing any cyanide preparation shall be used for cleaning or polishing copper, nickel, silver, silver plated ware or any utensils or appliances used in preparation or service of food. Cleaning and polishing formulations shall be used in accordance with the manufacturer's instructions so that such substances do not contaminate food.
(5)Approved sanitizers. Only chemical sanitizers and antimicrobial agents approved by the U.S. Environmental Protection Agency shall be used to clean food and food contact surfaces.
(e)Non-food contact surfaces.
(f)Transporting food. Vehicles and other conveyances used for the transportation of food by an establishment shall be kept clean, sanitary, and free of pests, and shall have sufficient equipment in operating condition to maintain temperatures required by this Code for holding potentially hazardous foods.
(g)Toxic materials and hazardous substances: restrictions, labeling and storage. Toxic materials and other hazardous substances, as defined in 24 RCNY Health Code Article 173, must be used only when required to maintain sanitary conditions and in accordance with label directions.
