New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter I - State Sanitary Code
Part 14 - Food Service Establishments
Subpart 14-2 - Temporary Food Service Establishments
Section 14-2.2 - Permit
Current through Register Vol. 46, No. 39, September 25, 2024
(a) A temporary food service establishment shall obtain and display a valid permit from an issuing official authorized by the State Commissioner of Health. At establishments that serve retail frozen desserts the $25 permit fee imposed by Public Health Law, section 225(5)(s) shall be paid at the time any other permit fees related to the operation of the food service establishment are collected by the permit-issuing official and the establishment's permit shall indicate that the facility can manufacture and sell retail frozen desserts.
(b) The term permit-issuing official means the health commissioner or health officer of a city of 50,000 population or over, the health commissioner or health officer of a county or part-county health district, the State regional health director or area director having jurisdiction, a grade I or grade II public health administrator qualified and appointed pursuant to Part 11 of this Title, a public health director or any county health director having all the powers and duties prescribed in section 352 of the Public Health Law. The health commissioner or health officer of a city of 50,000 population or over, or the health commissioner or health officer of a county or part-county health district, or such grade I or grade II public health administrator or public health director or county health director may designate the director of environmental health of such district; and the State regional health director, or area director may designate the district, or area director may designate the district director as additional persons authorized to issue the permits required by this Subpart.
(c) A permit will be issued subject to the temporary food service establishment being constructed, maintained and operated in compliance with this Subpart and not presenting a danger to the health of the consumer or to the public. An applicant's past history of compliance or noncompliance will be a consideration in evaluating each of the previously mentioned criteria. The condition of the establishment, its equipment, utensils, personnel, mode of operation, surroundings, water supply, sewage disposal, waste handling, furnishings, food and appurtenances are all factors in determining whether its continued operation may affect public health.
