N.Y. Comp. Codes R. & Regs. Tit. 1 §§ 271-2.3
At all times, including while being stored, prepared, displayed, dispensed, packaged or transported, food shall be protected from cross-contamination between foods and from potential contamination by insects, insecticides, rodents, rodenticides, probe-type price or probe-type identification tags, unclean equipment and utensils, unnecessary handling, flooding, draining and overhead leakage or condensation, or other agents of public health significance. The temperature of potentially hazardous foods shall be 41°F (5°C) or less or 135°F (57°C) or greater, at all times, except as otherwise provided in this Part. Hermetically sealed packages shall be handled so as to maintain product and container integrity. Food items that are spoiled or that are in damaged containers that may affect the product and those food items that have been returned to, or are being detained by, the retail food store because of spoilage, container damage or other public health considerations, shall be segregated and held in designated areas pending proper disposition unless disposed of under the supervision of the department.
N.Y. Comp. Codes R. & Regs. Tit. 1 §§ 271-2.3