N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 353-1.2

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

Section 353-1.2 - Definitions

As used in this Part, the following terms have the following meanings. Unless otherwise noted, all words and terms in this Part are defined by their plain meaning.

(a) 'Covered food service provider' means a person engaged in the business of selling or distributing prepared food or beverages for on-premises or off-premises consumption, including but not limited to:

(1) food service establishments, caterers, temporary food service establishments, mobile food service establishments, and pushcarts as defined in the New York State Sanitary Code;

(2) retail food stores as defined in article 28 of the agriculture and markets law;

(3) delicatessens;

(4) grocery stores;

(5) restaurants;

(6) cafeterias;

(7) coffee shops;

(8) hospitals, adult care facilities, and nursing homes; and

(9) elementary and secondary schools, colleges, and universities.

(b) 'Department' means the New York State Department of Environmental Conservation.

(c) 'Disposable food service container' means a bowl, carton, clamshell, cup, lid, plate, tray, or any other product that is designed or used for the temporary storage or transport of a prepared food or beverage, including a container generally recognized by the public as being designed for single use.

(d) 'Environmental Conservation Law' or "ECL" means chapter 43-B of the Consolidated Laws of New York State.

(e) 'Expanded polystyrene foam' means expanded foam thermoplastics utilizing a styrene monomer and processed by any number of techniques. Such term does not include rigid polystyrene.

(f) 'Manufacturer' means every person, firm or corporation that produces or imports polystyrene loose fill packaging that is sold, offered for sale, or distributed in New York State.

(g) 'New York State Sanitary Code' means Title 10 of the New York Codes, Rules and Regulations.

(h) 'Polystyrene loose fill packaging' means a void-filling packaging product made of expanded polystyrene foam that is used as a packaging fill, commonly referred to as packing peanuts.

(i) 'Pre-packaged' means enclosing food fully or partially in such a way that the contents cannot be accessed without opening or changing the packaging.

(j) 'Prepared food' means food or beverages that are cooked, chopped, sliced, mixed, brewed, frozen, heated, squeezed, combined or otherwise prepared on the premises of a covered food service provider for immediate consumption and require no further preparation to be consumed. Prepared food includes, but is not limited to, ready to eat takeout foods and beverages.

(k) 'Rigid polystyrene' means plastic packaging made from rigid, polystyrene resin that has not been expanded, extruded, or foamed.

(l) 'Single-use' means designed and intended by the manufacturer to be used only one time in its same form and then discarded, and is not designed or intended for repeated use.

(m) 'Store' means a retail or wholesale establishment other than a covered food service provider.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 353-1.2

Adopted New York State Register March 30, 2022/Volume XLIV, Issue 13, eff. 4/14/2022