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
Public Health Hazards
Section 14-4.20 - Definition of imminent health hazard

Universal Citation: 10 NY Comp Codes Rules and Regs ยง 14-4.20

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

(a) An imminent health hazard is any violation, combination of violations, condition, or combination of conditions making it probable that the food or drink served to the public by the establishment or its continued operation can injure the health of the consumer or the public.

(b) Any of the following violations are imminent health hazards against the public interest which require the permit-issuing official or his designated representative to order the establishment closed and all service of food stopped immediately if not corrected at the time of the inspection while the permit-issuing official or representative of the permit-issuing official is present:

(1) food is present from an unapproved or unknown source or which is or may be adulterated, contaminated, or otherwise unfit for human consumption;

(2) potentially hazardous food is held for a period of time longer than that necessary for preparation or service at a temperature greater than 45° F (7.2° C) or less than 140° F (60° C);

(3) potentially hazardous food which has been served to another consumer or which has been exposed to other contamination is served again;

(4) toxic items are improperly stored or used;

(5) persons with disease or infection which can be transmitted by food or drink are engaged in preparing, handling, serving or otherwise contaminating food at the food service operation;

(6) the potable water is not in conformance with the requirements of Part 5 of this Title, and it reasonably appears to the permit-issuing official or his designated representatve that it can result in an imminent health hazard;

(7) any cross-connection or other fault in the potable water system may permit contamination of the potable water supply, and it reasonably appears to the permit-issuing official or his designated representative that it can result in an imminent health hazard; or

(8) sewage or liquid waste is not disposed of in a sanitary manner acceptable to the permit-issuing official.

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