New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter II - Administrative Rules and Regulations
Subchapter G - Aids Testing, Communicable Diseases and Poisoning
Part 66 - Immunizations and Communicable Diseases
Subpart 66-3 - [Effective until 8/23/2021]COVID-19 Emergency Regulations
Section 66-3.2 - [Effective until 8/23/2021]Face-Coverings
§ 66-3.2. [Effective until 8/23/2021]Face-Coverings
(a) Any person who is over age two and able to medically tolerate a face-covering shall be required to cover their nose and mouth with a mask or face-covering when in a public place and unable to maintain, or when not maintaining, social distance, unless such person is fully vaccinated, meaning two or more weeks have elapsed since such person received the final dose of any COVID-19 vaccine approved by the United States Food and Drug Administration (FDA) or authorized by the FDA for emergency use; provided the person is not present in a pre-kindergarten to twelfth grade school, public transit, homeless shelter, correctional facility, nursing home, health care setting, or other setting where mask use is otherwise required by federal or state law or regulation.
(b) Any employee who is present in the workplace and who is not fully vaccinated shall be provided and shall wear a mask or face-covering when in direct contact with customers or members of the public, or when unable to maintain social distance. Employees of food service establishments who are not fully vaccinated must wear a mask or face-covering at all times while at their place of work. Businesses must provide, at their expense, such face coverings for their employees.
(i) Business operators and building owners, and those authorized on their behalf or otherwise authorized to use the building shall require unvaccinated patrons to wear face coverings consistent with this section, may require all patrons to wear a face covering, and may deny admittance to any person who fails to comply. This regulation shall be applied in a manner consistent with the federal American with Disabilities Act, New York State or New York City Human Rights Law, and any other applicable provision of law.
(ii) No business owner shall deny services to or discriminate against any person on the basis that such person elects to wear a face covering that is designed to inhibit the transmission of COVID-19, but that is not designed to otherwise obscure the identity of the individual.
(d) For purposes of this section:
(i) Face-coverings shall include, but are not limited to, cloth masks, surgical masks, and N-95 respirators.
(ii) A person shall be considered as maintaining social distancing when keeping at least six feet distance between themselves and any other persons, other than members of such persons' household.(Adopted New York State Register June 16, 2021/Volume XLIII, Issue 24, eff. 5/26/2021)