N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 14-2.17

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

Section 14-2.17 - Enforcement provisions

(a) It is unlawful for any temporary food service establishment to be operated without a permit. Failure to obtain a permit is cause for immediate closure. Only an individual, partnership, corporation, association or similar legal entity complying with requirements of this Subpart, after making application on forms provided by the permit-issuing official, is entitled to receive and retain such a permit.

(b) The application for permit is to be fully completed.

(c) The permit-issuing official or his authorized representative may suspend a permit and order a temporary food service establishment closed and all food operations discontinued immediately when, in his judgment, continued operation is a danger to public health and it appears prejudicial to the public interest to delay action. The permit-issuing official may order immediate closure for deliberate refusal to correct a violation. The permit-issuing official is to provide the operator of any establishment ordered closed an opportunity for a hearing within 15 days of such an action.

(d) The permit-issuing official or his representative is to be permitted access for purposes of inspection at all times while the temporary food service establishment is in operation, whether open to the public for service of food or not. Refusal of admittance is cause for permit revocation and order to close.

(e) Embargo.

(1) The permit-issuing official or his designated representative may, by written order, place an embargo order on food which he determines or has reason to believe to be contaminated, unfit for human consumption, or from an unapproved source. Such food may not be used, sold, donated, discarded, repackaged or otherwise disposed of until such embargo is lifted by the permit-issuing official, his designated representative, or court of competent jurisdiction. The permit-issuing official shall provide the owner of the food embargoed, or the representative of the owner, an opportunity to be heard within 15 calendar days after the date of the order of embargo. The hearing officer, based on the evidence produced at such hearing, will make a recommendation to the permit-issuing official that he vacate the order of embargo, or may, by written order, direct the embargoed food, or any part of it, (i) to be continued to be held under embargo pending further testing, analysis or court action, (ii) to be destroyed, (iii) to be denatured and rendered inedible, (iv) to be released for return to a food processing plant for further processing, (v) to be released to another regulatory agency, or (vi) to other appropriate action. The permit-issuing official will consider the hearing officer's recommendation in determining the disposition of the embargoed food. The owner of the food embargoed shall be deemed to have received notice of embargo and hearing at the time the notice of embargo and hearing is delivered to any of his employees or agents.

(2) The permit-issuing official or his designated representative may take representative samples of the suspected food for analysis upon payment of the retail value of the sample taken.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 14-2.17