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What is NYC AC § 17-1511?

Quick Answer

This section mandates that food service establishments conduct daily inspections for pests and comply with specific garbage and waste disposal requirements as outlined in the health code of New York City. Establishments violating this section may incur civil penalties, although first-time violations may be exempt if remedied promptly. Applies to food service establishments in New York City.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 17-1511 Pests and garbage.

AC § 17-1511

a. Food service establishments shall conduct daily inspections for pests, as defined in subdivision (d) of section 151.01 of the health code of the city of New York, in accordance with the requirements set forth in subdivision (b) of section 81.23 of the health code of the city of New York. b. Food service establishments shall comply with the requirements set forth in subdivisions (a) and (c) of section 81.24 of the health code of the city of New York pertaining to garbage and waste disposal. c. A food service establishment that violates this section or any rule promulgated pursuant to this section shall be subject to a civil penalty of $100; except that such food service establishment shall not be subject to a civil penalty for a first-time violation if such food service establishment proves to the satisfaction of the department, within 7 days of the issuance of the notice of violation and prior to the commencement of an adjudication of the violation, that the violation has been cured. The submission of proof of a cure, if accepted by the department as proof that the violation has been cured, shall be deemed an admission of liability for all purposes. The option of presenting proof that the violation has been cured shall be offered as part of any settlement offer made by the department to a food service establishment that has received, for the first time, a notice of violation of this section or any rules promulgated pursuant thereto. The department shall permit such proof to be submitted electronically or in person. A food service establishment may seek review, in the office of administrative trials and hearings, of the determination that the food service establishment has not submitted proof of a cure within 15 days of receiving written notification of such determination. (L.L. 2021/080, 7/18/2021, eff. 1/14/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/080.

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