N.Y. Comp. Codes R. & Regs. Tit. 1 §§ 271-8.1

Current through Register Vol. 46, No. 41, October 9, 2024

Section 271-8.1 - Food protection-potentially hazardous food

(a) Potentially hazardous food shall be kept at a temperature of 41°F (5°C) or less or at a temperature of 135°F (57°C) or greater during display and service, except that rare roast beef shall be held for service at a temperature of 41°F (5°C) or less or 130°F (54°C) or greater on the first day of service only; thereafter it shall be held at 41°F (5°C) or less or 135°F (57°C) or greater. In the case of existing refrigeration equipment that is not capable of maintaining the food at 41°F (5°C) or less, potentially hazardous food shall be kept at a temperature between 45°F (7°C) and 41°F (5°C) in accordance with section 271-2.7 of this Part. The foregoing temperature requirements shall apply except during necessary times of preparation or during a limited period of time while said food is being held for service, which time shall not exceed four hours. Potentially hazardous foods which have been held at temperatures other than those set forth above for more than four hours shall be discarded and shall not be recycled. Operators of retail establishments shall maintain, in a form acceptable to the commissioner, records identifying the times during which each potentially hazardous food has been displayed for sale at temperatures other than those set forth above. Such records shall be readily available to department personnel. Inserts in product modules or containers which have the effect of reducing the amount of product on display and thereby encouraging a more rapid product turnover time and enhancing proper temperature control may be utilized.

(b) The remaining portion of a depleted item may be placed on top of fresh product introduced to the display (topped off) provided the remaining of the depleted item remains wholesome and suitable for sale.

(c) Salad ingredients must be transported from the processing area to the display unit in covered containers.

(d) Raw fruits and vegetables shall be washed thoroughly before use.

(e) Condiments, seasonings and dressings for self-service use shall be provided in individual packages or from dispensers or containers protected in accordance with section 271-8.2 of this Subpart. Condiments provided for table or counter service shall be individually portioned, except that catsup and other sauces may be served in the original container or pour-type dispenser. Sugar for consumer use shall be provided individual packaged or in pour-type dispensers.

(f) Ice used in display units must be from an approved source, potable and properly dispensed to prevent contamination and must be changed daily.

N.Y. Comp. Codes R. & Regs. Tit. 1 §§ 271-8.1

Repealed New York State Register June 22, 2016/Volume XXXVIII, Issue 25, eff. 6/22/2016

Adopted New York State Register December 21, 2016/Volume XXXVIII, Issue 51, eff. 12/21/2016