N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 14-2.3

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

Section 14-2.3 - Definition and cooking of potentially hazardous food; product thermometers

(a) All food used by a temporary food service establishment is to be wholesome, safe for human consumption, and obtained from sources that comply with laws relating to food and food labeling. Fluid milk and milk products used or served are to be pasteurized and obtained from sources that comply with laws relating to milk processing and labeling. All foods which are not readily identifiable are to be labeled to identify the food by common name. Only clean, whole eggs, with shell intact and free from cracks or checks, or pasteurized liquid, frozen, or dry eggs or pasteurized dry egg products are to be used. All containers in which shell eggs are received must identify the source.

(b) Potentially hazardous food means 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.

(c) Temporary food service establishments may only serve food which requires limited preparation requiring only seasoning and cooking. The preparation or service of other potentially hazardous foods, including pastries filled with cream or synthetic cream, custards, and similar products, and salads or sandwiches containing meat, poultry, eggs, or fish is prohibited except if prepared under approved conditions, transported and stored at a temperature of 45 degrees Fahrenheit (7.2 degrees Celsius) or below, or at a temperature of 140 degrees Fahrenheit (60 degrees Celsius) or above, in approved facilities, and served without contamination to the consumer. Intact shell egg temperatures shall be considered acceptable if ambient storage temperature is 45 degrees Fahrenheit (7.2 degrees Celsius) or less. The permit-issuing official, or his designated representative, may require that food be served directly in the unopened container in which it was packaged unless the equipment and operations are adequate to protect food from contamination.

(d) Food is to be protected from contamination in the establishment at all times including storage, preparation, and display to patrons. Food is to be prepared and served with no bare hand contact unless the food will be subsequently heated to 140 degrees Fahrenheit (60 degrees Celsius) or greater for foods that were not previously heated or to 165 degrees Fahrenheit (73.9 degrees Celsius) or greater for foods that are being heated for a second or subsequent time. Convenient and suitable utensils and/or sanitary gloves are to be provided and used to prepare or serve food to eliminate bare hand contact and prevent contamination. Waxed paper, napkins or equivalent barrier to prevent hand contact can also be used to serve food.

(e) All parts of potentially hazardous foods requiring cooking are to be heated to at least 140 degrees Fahrenheit (60 degrees Celsius), except:

(1) poultry, poultry stuffing, stuffed meats and stuffing containing meat are to be heated in an uninterrupted manner so all parts are at least 165 degrees Fahrenheit (73.9 degrees Celsius);

(2) pork and food containing pork are to be heated so all parts of the food are at least 150 degrees Fahrenheit (65.6 degrees Celsius);

(3) rare roast beef and/or rare beef steaks are to be heated to an internal temperature of at least 130 degrees Fahrenheit (54.4 degrees Celsius), unless otherwise ordered by the consumer. When meat or fish are served raw, the consumer is to be so notified;

(4) shell eggs or foods containing shell eggs are to be heated to 145 degrees Fahrenheit (62.8 degrees Celsius) or greater unless an individual consumer requests preparation of a shell egg or food containing shell eggs in a style such as raw, poached or fried which must be prepared at a temperature less than 145 degrees Fahrenheit in order to comply with the request;

(5) every part of ground meat or foods containing ground meat are to be heated to at least 158 degrees Fahrenheit (69.4 degrees Celsius), unless a consumer requests preparation of a single order of ground meat or food containing ground meat which must be prepared at a temperature less than 158 degrees Fahrenheit in order to comply with the request.

(f) Metal stem-type, numerically scaled indicating thermometers, accurate to plus or minus two degrees Fahrenheit (1.1 degrees Celsius) are to be provided and used to determine that proper internal cooking, holding or refrigeration temperatures of all potentially hazardous foods are achieved and maintained.

(g) For the purposes of this subdivision, liquid Nitrogen shall mean Nitrogen in its cryogenic liquid form, which comes in direct contact with food or is used as a food additive. Dry Ice shall mean Carbon Dioxide in its solid form, which comes in direct contact with food or is used as a food additive.

(1) Only food-grade liquid Nitrogen or Dry Ice may be added to food.

(2) Liquid Nitrogen, used in the preparation of food, shall be evaporated completely or the operator shall ensure that all residual liquid Nitrogen is drained prior to service.

(3) Dry Ice, used in the preparation of food, shall be sublimated completely prior to service or the operator shall ensure no residual Dry Ice is served to the patrons.

(4) Liquid Nitrogen or Dry Ice shall not be added to any food before service, such that a "fog" or "smoke" effect remains at time of service or is created during eating.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 14-2.3

Amended New York State Register March 20, 2019/Volume XLI, Issue 12, eff. 3/20/2019