§ 89.19 Food Protection and Safety.
RCNY § 89.19
(a)Food sources. Food shall be obtained from approved sources operating pursuant to licenses or permits issued by federal, state or local regulatory agencies. All potentially hazardous foods shall be cooked, processed, packaged, and labeled at a licensed mobile food commissary or other approved facility.
(b)Thermometers required. Metal stem-type, numerically scaled, indicating thermometers, thermocouples, or thermistors, accurate to plus or minus two degrees Fahrenheit (one degree Celsius), shall be used to determine that required internal cooking, holding or refrigeration temperatures of all potentially hazardous foods are obtained and maintained in accordance with 24 RCNY Health Code Article 81.
(c)Hot and cold holding. Sufficient hot and cold storage facilities shall be provided and used to maintain potentially hazardous foods, as defined in 24 RCNY Health Code Article 81, at required temperatures.
(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 sale or service of specific foods. The Commissioner may by rule prohibit the sale or service of specific potentially hazardous foods or types of foods by mobile food vending units.
(1)Meat. All meat shall be processed and prepared for cooking at a mobile food commissary. No raw meat shall be sold, butchered, de-boned, dressed, or cut into portion size in or on a mobile food vending unit.
(2)Fish and other aquatic animals. No raw fish, raw shellfish, or any other raw food products consisting of or made with an aquatic animal, as defined in 24 RCNY Health Code Article 81, shall be held for service or sold from a mobile food vending unit. No raw fish, raw shellfish, or any other raw food products consisting of or made with an aquatic animal shall be cleaned, de-boned, dressed, scaled, eviscerated, or cut into portion sizes in or on a mobile food vending unit. Such food products may be cooked or reheated on a mobile food vending unit, provided that the food products have been commercially manufactured, or processed and prepared for cooking at a mobile food commissary or at another duly licensed and approved facility.
(3)Processed fruits and vegetables. Mobile food vending units in which sliced, peeled or processed fruits and vegetables are prepared, stored, held for service or sold shall have adequate refrigeration at all times, and shall during a pre-permit inspection. Mobile food vending units only authorized to sell whole fresh pre-packaged fruits and vegetable may not sell or hold for service sliced, peeled or processed fruits and vegetables and as such refrigeration for such units is not required.
(g)Displayed foods. Food placed on display on the mobile food vending unit shall be protected from contamination, in accordance with 24 RCNY Health Code Article 81. Foods, including but not limited to, pretzels and nuts, shall be displayed only in protective containers approved by the Department.
(h)Condiments. Individual single-service containers, sealed by the manufacturer, shall be provided for condiments such as sugar, mustard, ketchup, salt, pepper and relish, unless dispensed directly by the food vendor from a shaker or container with a pump, made of a food grade material.
(i)Mobile food vendor hygiene. At all times while operating a mobile food vending unit, persons shall maintain personal hygiene in accordance with 24 RCNY Health Code Article 81, shall not smoke, shall be fully clothed (no sleeveless shirts or bare midriffs) in clean outer garments, and shall wash hands after using toilets.
(j)Contamination. All foods on a mobile food vending unit shall be protected against contamination in accordance with 24 RCNY Health Code Article 81. Water in which food is boiled, heated, or otherwise processed shall not be used to heat containers of other foods.
(k)Toxic materials. No poisonous or toxic materials, including, but not limited to, pesticides and cleaning compounds, shall be kept on or in a mobile food vending unit. In a vehicle used as a mobile food vending unit, vehicle maintenance materials shall not be stored in parts of the vehicle where food is stored, prepared or served.
(l)Servicing frequency. All mobile food vending units shall be cleaned and serviced at least daily at a mobile food commissary or other facility approved by the Department.
