N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 14-1.31

Current through Register Vol. 46, No. 45, November 2, 2024

Section 14-1.31 - Food; definitions of contamination and potentially hazardous food; food sources; hermetically sealed foods

(a) Food is to be free from adulteration, spoilage, filth or other contamination, and suitable for human consumption.

(b) Contamination means exposing food to filth, toxic substances, manual contact during service or preparation if such food will not be subsequently cooked prior to service, rodent or insect contact or infestation, or any condition which permits introduction of pathogenic microorganisms or foreign matter. Potentially hazardous foods held at temperatures between 45 degrees Fahrenheit (7.2 degrees Celsius) and 140 degrees Fahrenheit (60 degrees Celsius) either for a period of time exceeding that reasonably required for preparation or for more than two hours, the allowed service time, are considered to be contaminated. Contaminated food is considered adulterated.

(c) Potentially hazardous food is any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, cooked potato, cooked rice or other ingredients, including synthetic ingredients, in a form capable of supporting:

(1) rapid and progressive growth of infectious, or toxigenic microorganisms; or

(2) the slower growth of C. botulinum.

The term does not include foods with a water activity (Aw) value of 0.85 or less, or a hydrogen ion concentration (pH) level of 4.6 or below.

(d) Food is to be obtained from approved sources that comply with all laws relating to food and food labeling. The use of food prepared in any place that is not operated under jurisdiction of an appropriate regulatory agency and having a current permit or license to operate, if required, from that agency is prohibited.

(e) Hermetically sealed foods are to have been processed in commercial food processing establishments meeting requirements of section 14-1.21 of this Subpart. The use of home-canned foods in food service establishments is prohibited.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 14-1.31