2006 New York Code - Special Powers And Duties Of The Department With Respect To Retail Food Stores, Food Service Establishments And Food Warehouses

 
    §  500.  Special  powers  and duties of the department with respect to
  retail food stores, food service establishments and food warehouses.  1.
  Definitions. For the purposes of this section, the following terms shall
  have the following meanings:
    (a)  "Food  service  establishment"  means  any  place  where  food is
  prepared and intended for individual portion service, and  includes  the
  site  at  which  individual  portions  are provided, whether consumption
  occurs on or off the premises, or whether or not there is a  charge  for
  the food.
    (b)  "Retail  food  store"  means  any  establishment or section of an
  establishment where food and food products are offered to  the  consumer
  and  intended  for  off-premises  consumption. The term does not include
  establishments which handle only pre-packaged, non-potentially hazardous
  foods,  roadside  markets  that  offer  only  fresh  fruits  and   fresh
  vegetables  for  sale, food service establishments, or food and beverage
  vending machines.
    (c) "Zone" means an administratively determined geographic portion  of
  the state to which inspectors are assigned by the department.
    (d)  "Food  warehouse" shall mean any food establishment in which food
  is held for commercial distribution.
    2. Each retail food store shall post a copy of the date and results of
  its most recent sanitary inspection by the department in  a  conspicuous
  location  near  each public entrance, as prescribed by the commissioner.
  Such copies shall also be made available to the public upon request.
    3. (a) The department shall assign at least one retail food specialist
  to each inspection zone.  Such  specialists  shall  assist  retail  food
  stores in remedying chronic deficiencies and shall ensure that effective
  pest control and other sanitary measures are properly implemented.
    (b)  Such  specialists  shall  be  given  additional  training to that
  normally provided to sanitary  inspectors  to  qualify  them  for  their
  duties  under  this  section,  with  particular emphasis on the problems
  unique to retail food stores and pest control measures.
    4. The department shall inspect each retail food store at  least  once
  in  every  twelve  month  period.  Any  store that fails two consecutive
  inspections shall be inspected at least once in every six  month  period
  until  it  has  passed  two consecutive inspections. In the event that a
  retail food store fails three consecutive  inspections,  the  department
  may,  in  its  discretion,  order such establishment to cease all retail
  operation until it passes inspection or suspend or  revoke  any  license
  issued  to  such  establishment  pursuant  to  article  twenty-C of this
  chapter.
    5. Licensure. No person shall maintain or operate a retail food store,
  food service establishment or food warehouse unless  such  establishment
  is  licensed  pursuant  to  the  provisions  of  this article, provided,
  however, that establishments registered, permitted or  licensed  by  the
  department  pursuant  to  other provisions of this chapter, under permit
  and inspection by the state department of health or by  a  local  health
  agency  which  maintains  a  program certified and approved by the state
  commissioner of health, or subject to inspection by  the  United  States
  department  of  agriculture pursuant to the federal meat, poultry or egg
  inspection programs, shall be exempt from licensure under this  article.
  Application   for  licensure  of  a  retail  food  store,  food  service
  establishment or food warehouse shall be made, upon a form prescribed by
  the commissioner, on or before December first of every  other  year  for
  the   registration   period  beginning  January  first  following.  Upon
  submission of a completed  application,  together  with  the  applicable
  licensing  fee,  the  commissioner  shall license the retail food store,
  food  service  establishment  or  food  warehouse   described   in   the
  application  for two years from the applicable registration commencement
  period set forth in this section. The licensing fee shall be one hundred
  dollars provided, however, that food warehouses shall  pay  a  licensing
  fee of two hundred dollars. The commissioner shall prorate the licensing
  fee  for  any  person  licensed  after the commencement of the licensing
  period.