New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter I - State Sanitary Code
Part 14 - Food Service Establishments
Subpart 14-4 - Mobile Food Service Establishments And Pushcarts
Food Supplies
Section 14-4.41 - Food; food sources; food limited

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Food is to be free from adulteration, spoilage, filth or other contamination, and suitable for human consumption.

(b) Food is to be obtained from sources that comply with all laws relating to food and food labeling. The use of food prepared in any place that is not operated under jurisdiction of an appropriate regulatory agency and having a current permit or license, if required, to operate from that agency is prohibited. Only clean, whole eggs, with shell intact and free from cracks or checks, or pasteurized liquid, frozen or dry eggs or pasteurized dry egg products are to be used. All containers in which shell eggs are received must identify the source.

(c) Pushcarts may serve only food which requires limited preparation, such as frankfurters requiring only seasoning and cooking. The preparation or service of other potentially hazardous foods, including pastries filled with cream or synthetic cream, custards and similar products, and salads or sandwiches containing meat, poultry, eggs or fish, is prohibited. Mobile food establishments may serve foods prepared under conditions that protect it from contamination or adulteration, transported and stored at a temperature of 45° F (7.2° C) or below, or at a temperature of 140° F (60° C) or above, in facilities that maintain these temperatures, and served without contamination to the consumer. The permit-issuing official or his designated representative may require that food be served directly in the unopened container in which it was packaged, unless the equipment and operations of the mobile food service establishment are designed, constructed and operated to protect food from contamination. The foods served are limited to those listed in the permit.

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