§ 88.07 Food Safety and Protection.
RCNY § 88.07
(a)Food protection certificate required. The operator or supervisor of food services at each temporary food service establishment shall hold a food protection certificate issued by the Department, or a certificate issued by another jurisdiction that is acceptable to the Department.
(b)Food sources. Food shall be obtained from approved sources, as defined in 24 RCNY Health Code Article 81, operating pursuant to licenses or permits issued by federal, state or local regulatory agencies.
(c)Utensils for service of food. Between uses, food dispensing utensils shall be stored in food with the handle extended out of the food, or kept clean and dry and protected from contamination.
(d)Ice. Ice that is consumed or that touches food and food contact surfaces or utensils shall be made from potable water from approved sources in a manner that protects it from contamination. Ice shall be obtained only in chipped, crushed or cubed form and in single-use food grade plastic or wet-strength paper bags filled and sealed at the point of manufacture. Ice shall be held until dispensed, in the manufacturer's bags, in a manner that protects it from contamination.
(e)Cold storage on ice. Packaged food may be stored in direct contact with ice or water if the food's packaging, wrapping, container or position in the ice prevents ice or water from direct contact with food or entering the package or container upon opening. Areas of packaging intended for use as eating or drinking surfaces shall not be in contact with ice or water at any time.
(f)Prohibitions on processing, or service of specific foods.
(1)No raw fish or shellfish shall be sold at a temporary food service establishment.
(2)The Commissioner may prohibit the sale or service of any other specific potentially hazardous foods or types of foods by temporary food service establishments.
(3)Whole animals shall not be butchered, de-boned, dressed, or cut into portion size at a temporary food service establishment.
(4)At the end of each day's service, leftover potentially hazardous foods shall be discarded if not sold.
(g)Persons who are not employed at a temporary food service establishment shall not be allowed to enter the establishment at any time.
(h)No person who is sick, or has any signs of illness or infection, as described in 24 RCNY Health Code Article 81, shall work in any temporary food service establishment.













