Part 14, Subpart 14-5 Vending of Food and Beverages

Notice

The information contained on this website is not the official version of the Compilation of the Rules and Regulations of the State of New York (NYCRR). No representation is made as to its accuracy. To ensure accuracy and for evidentiary purposes, reference should be made to the Official Compilation of the Rules and Regulations of the State of New York, available from West Publishing at 1-800-344-5009.

(Statutory Authority: Public Health Law, § 225)

Includes Amendments Effective August 19, 1992

Sections

Purpose

14-5.1 Purpose.

  • (a) The purpose of this code is to protect the public health. Food vending machines are to be maintained and operated in such a way as to avoid health hazards.
  • (b) This code does not apply to machines vending merchandise other than food or beverages.

Public Health Hazards

14-5.10 Definition of imminent health hazard.

  • (a) An imminent health hazard is any violation, combination of violations, condition, or combination of conditions making it probable that the food or drink that is or may be vended by a vending machine or its continued operation may injure the health of the consumer or the public.
  • (b) Any of the following violations are imminent health hazards against the public interest which require the permit-issuing official or his designated representative to order the food vending machine operation to be stopped immediately, the machine removed, and the commissary to cease supplying food to the food vending machine immediately, if not corrected at the time of the inspection while the permit-issuing official or his designated representative is present:
    • (1) food is present at or in the vending machine which is or may be adulterated, contaminated, or otherwise unfit for human consumption;
    • (2) potentially hazardous food is held at a temperature greater than 45 degrees Fahrenheit (7.2 degrees Celsius) or less than 140 degrees Fahrenheit (60 degrees Celsius) beyond a period of time required for preparation or the allowed vending machine temperature recovery period;
    • (3) potentially hazardous food previously served to a consumer or exposed to contamination is offered for service in a food vending machine;
    • (4) toxic items are improperly stored or used in food vending machine operations;
    • (5) persons with reportable disease or infections which can be transmitted by food are not restricted to prevent food contamination in food vending machine operations;
    • (6) a food vending machine is supplied with water which is not in conformance with Part 5 of this Title;
    • (7) a food vending machine is connected to the potable water system so that backflow from the vending machine can contaminate the potable water system, or to the sewage system so that sewage can contaminate the food vending machine;
    • (8) waste water or sewage from the vending machine is not disposed of in an approved and sanitary manner; or
    • (9) the vending machine constitutes an electrical or mechanical hazard to the consumer or public.

Food Vending Machine Operation

14-5.20 Definition of food vending machine and food vending commissary.

  • (a) A food vending machine is a self-service device which when activated dispenses unit servings of food or beverage without requiring replenishing between each vending operation.
  • (b) A food vending machine commissary is a place where food, containers or supplies are processed or packaged and prepared for use in food vending machines.
  • (c) A food vending operation is the place where food vending machines are located and includes the food vending machines, machine servicing equipment, utensils, personnel, single-service articles, tables, chairs, that part of the premises used in connection with the food vending operation and all other appurtenances required and used to operate and maintain the food vending machines.
  • (d) A controlled-location vending machine is a food vending machine which dispenses only nonpotentially hazardous food, can be serviced in a sanitary manner by an untrained person at the location, and is located where it is protected from environmental contamination, abuse and vandalism.

14-5.21 Definition of food processing establishment.

A food processing establishment is a commercial establishment operated under license or permit of an appropriate regulatory authority where food is manufactured or packaged for human consumption at another establishment or place.

14-5.22 Definition of person.

A person as used in this Subpart is an individual, firm, estate, partnership, company, corporation, trustee, association, or any public or private entity.

14-5.23 Definition of law.

Law means and includes Federal, State and local statutes, ordinances and regulations.

14-5.24 Definition of frozen desserts.

  • (a) "Frozen desserts" are ice cream, frozen custard, French ice cream, French custard ice cream, artificially sweetened ice cream, ice milk, artificially sweetened ice milk, fruit sherbert, non-fruit sherbert, water ices, non-fruit water ices, confection frozen without stirring, dairy confection frozen without stirring, manufactured dessert mix, frozen confection, melloream frozen dessert, parevine, frozen yogurt, freezer made shakes, freezer made milk shakes, dietary frozen dessert, whipped cream confection and bisque tortoni, as all such products are commonly known, together with any mix used in making such frozen desserts, any products which are similar in appearance, odor or taste to such products, or are prepared or frozen as frozen desserts are customarily prepared and frozen, whether made with dairy products or non-dairy products.

    Any operation producing chips or flakes of ice made from water with or without additives, served to the consumer with or without flavorings added by the operator or consumer, is included as a retail frozen dessert within this definition. This operation is commonly known as a slush operation.

  • (b) Retail frozen desserts are to be manufactured from ingredients and are to be identified in conformance with the applicable requirements of Part 39 of the rules and regulations of the State Department of Agriculture and Markets (1 NYCRR Part 39).

Food Supplies

14-5.30 Definitions of foods; contamination; potentially hazardous food; hermetically sealed container.

  • (a) Food is any edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption.
  • (b) Contamination means exposing food to filth, toxic substances, manual contact during preparation if such food will not be subsequently cooked prior to service, transportation, display, while being held for service or during servicing of machines, 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 held in a vending machine which is operating with its food holding compartment between 45 degrees Fahrenheit (7.2 degrees Celsius) and 140 degrees Fahrenheit (60 degrees Celsius) for period of more than 30 minutes, 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) A hermetically sealed container is a container which is designed and intended to be secure against the entry of microorganisms and to maintain its content after processing.

14-5.31 Food; food sources; hermetically sealed foods.

  • (a) Food furnished by vending machines or in connection with vending machine operations is to be free from adulteration, spoilage, filth or other contamination, and suitable for human consumption.
  • (b) Food dispensed by vending machines or in connection with vending machine operations is to be from a commissary. A commissary used to service food-vending machines is to be operated under permit and in compliance with Subpart 14-1 of this Part or operated under license or permit of an appropriate regulatory agency. Food is to be labeled in accordance with applicable laws and section 14-5.40(d) of this Subpart.
  • (c) Hermetically sealed foods dispensed by vending machines, or used in connection with vending machine operations, are to have been processed in commercial food-processing establishments. The use of home-canned food is prohibited.
  • (d) 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.

14-5.32 Milk and milk products and substitutions; pasteurization.

  • (a) When fluid or dry milk, fluid or dry milk products, and fluid or dry milk substitutes are used or furnished, they are to be pasteurized and are to meet the standards established by law.
  • (b) Milk and fluid milk products dispensed by vending machines are to be in individual containers filled and sealed at the milk processing plant.

Food Protection

14-5.40 Food protection; potentially hazardous food; temperature and refrigeration requirements.

  • (a) Food is to be protected from contamination during storage, transportation, display, while being held for service, dispensing by a vending machine or in connection with vending operations. The temperature of potentially hazardous food is to be 45 degrees Fahrenheit (7.2 degrees Celsius) or below, or 140 degrees Fahrenheit (60 degrees Celsius) or above, at all times, except during necessary times of preparation, the actual time required to load or otherwise service the machine and for a maximum machine ambient temperature recovery period of 30 minutes following completion of loading or servicing operations. The total time that potentially hazardous food may be at a temperature between 45 degrees Fahrenheit (7.2 degrees Celsius) and 140 degrees Fahrenheit (60 degrees Celsius) is not to exceed two hours. Intact shell egg temperatures shall be considered acceptable if ambient storage temperature is 45 degrees Fahrenheit (7.2 Celsius) or less.
  • (b) Vending machines dispensing potentially hazardous food are to have heating or refrigeration units with thermostatic controls that are able to maintain the food at 140 degrees Fahrenheit (60 degrees Celsius) or above, or 45 degrees Fahrenheit (7.2 degrees Celsius) or below when fully loaded. These vending machines are also to have automatic controls which prevent the machine from vending potentially hazardous food until serviced by the operator in the event the temperature in the food storage compartment is not within allowed operating limits for any reason except for the permitted 30-minute period following servicing or loading.
  • (c) Potentially hazardous food which has been held at temperatures between 45 degrees Fahrenheit (7.2 degrees Celsius) and 140 degrees Fahrenheit (60 degrees Celsius), for times exceeding those allowed in this Part, is not to be vended, sold, donated or given away for use in whole or in part for human consumption.
  • (d) Potentially hazardous foods are to be labeled showing the name and address of the establishment where prepared and packaged.
  • (e) Food-vending machines vending potentially hazardous food requiring heated or refrigerated storage are to have thermometers, accurate to plus or minus 2 degrees Fahrenheit (1.1 degrees Celsius), located in the machine that are readily observable by the person servicing the machine, showing the coldest part of the heated storage compartment and the warmest part of the refrigerated compartment.
  • (f) 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.

14-5.41 Dispensing of potentially hazardous food.

Potentially hazardous food is to be dispensed to the consumer in the individual, original container or wrapper in which it was packaged at the commissary or food-processing establishment. Potentially hazardous food is not to be dispensed from bulk supplies.

14-5.42 Fluid milk and milk products; fluid nondairy products.

Fluid milk and fluid milk products and fluid nondairy products (creaming agents) are not to be dispensed in vending machines as additional ingredients in hot liquid beverages or other foods.

14-5.43 Fresh fruit washing.

Fresh fruits which may be eaten without peeling are to be thoroughly washed in potable water at the packing plant by the processor, or at the commissary before being placed in the vending machine for dispensing. The washed fruit is to be protected from contamination after the washing process.

14-5.44 Packaged food handling and protection.

All food, other than fresh fruit, is to be stored or packaged in clean protective containers, or dispensed into clean single-use containers; and all food is to be handled and vended in a sanitary manner.

14-5.45 Condiments.

Condiments provided in conjunction with food dispensing by a vending machine are to be:

  • (a) packaged in individual portions in single-service containers;
  • (b) dispensed from sanitary dispensers which are cleaned, rinsed, sanitized and filled at the commissary, or at the machine location if sanitary facilities are provided; or
  • (c) made available from condiment self-service dispensing equipment at those locations having an on-duty attendant.

Transportation

14-5.50 Food protection.

During transportation, food is to meet the requirements of this Subpart relating to food protection temperatures, handling and storage. Food, utensils, equipment and tableware are to be protected from contamination.

14-5.51 Temperature requirements.

Transport vehicles are to be provided with heated and refrigerated facilities that will maintain potentially hazardous food at 140 degrees Fahrenheit (60 degrees Celsius) or above, or 45 degrees Fahrenheit (7.2 degrees Celsius) or below, while in transit. Thermometers accurate to plus or minus 2 degrees Fahrenheit (1.1 degrees Celsius) are to be provided to show the temperature in the coldest part of the hot storage facility and the warmest part of the cold storage facility.

14-5.52 Transport vehicles.

Spaces used to carry food in transport vehicles are to be maintained in a sanitary condition to protect food from contamination. Spaces used for food are to be separate from spaces used to carry sanitizing and maintenance chemicals and supplies.

14-5.53 Utensils, single-service items, food-contact equipment protection.

Utensils, single-service items and food-contact equipment are to be protected during transit.

Toxic Materials

14-5.60 Poisonous and toxic materials; restrictions; labeling.

  • (a) Poisonous and toxic materials required to maintain sanitary conditions, which includes pest control and sanitization, used in vending machine operations are restricted to those prominently labeled and lawfully permitted under State and Federal regulations.
  • (b) Bactericides, cleaning compounds or other materials used on food-contact surfaces are not to leave toxic residues on such surfaces.

Personnel

14-5.70 Employee health.

No person is to work in a food vending machine operation:

  • (a) in a capacity which can result in contamination of food or food-contact surfaces with disease-causing organisms;
  • (b) while infected with a disease in a communicable form capable of transmission by food;
  • (c) who is otherwise a carrier of organisms that cause such disease; or
  • (d) while afflicted with a boil or infected wounds on hands, face or other exposed part of the body.

14-5.71 Employee cleanliness.

  • (a) Employees are to maintain a high degree of personal cleanliness and are to conform with good hygienic practices when working in food vending machine operations. Employees are to wash their hands and exposed area of arms thoroughly with soap and warm water before starting work, and as often as may be necessary to remove soil and contamination. Thereafter, employees are to wash hands thoroughly after using the toilet, smoking, sneezing, coughing, eating, drinking, or otherwise soiling their hands before returning to work. Employees are to keep their fingernails clean and neatly trimmed.
  • (b) Tobacco in any form is not to be used by employees while engaged in food vending machine servicing, or while washing equipment or utensils, or where its use will result in contamination of food, equipment or utensils.

14-5.72 Personnel training.

The permit-issuing official may establish and conduct or designate training programs and require owners and/or operators of food vending machine operations to attend them.

Food Vending Machine Construction-Interior

14-5.80 Machine construction.

Food vending machines are to be constructed and maintained to protect food furnished from contamination under conditions at the machine location. These conditions include temperature, dust and dirt, chemicals as dust, fumes and vapors, power failure and vandalism.

14-5.81 Food-contact surface construction.

Food-contact surfaces are to be constructed of safe materials which will not contaminate or otherwise affect food. Such materials are to be resistant to denting, buckling, pitting, chipping, distortion, cracking and crazing, and are to be smooth, easily cleanable, and free from breaks, open seams, cracks, chips, pits and similar imperfections. Food-contact surfaces are to be free from difficult-to-clean internal corners and crevices, and are to be readily accessible for cleaning.

14-5.82 Materials permitted and prohibited.

  • (a) Materials, including food-grade plastics, used in the construction and repair of food vending machines are to be nontoxic, not affected by foods, cleaning compounds, or such other substances which may be found in the use environment, nonabsorbent and durable under normal use. They are not to impart odor, color or taste, nor to contribute to the contamination of food, and are to maintain their original properties under repeated use. Painted food-contact surfaces are prohibited.
  • (b) Materials are to be of sufficient weight and thickness to permit cleaning and sanitizing.
  • (c) Tubing conveying beverages or beverage ingredients is to be fabricated from safe materials.

14-5.83 Lubrication.

Bearings and gears requiring lubricants are to be designed and constructed so that the lubricant cannot leak, drip or be forced into the food or onto food-contact surfaces. Food-grade lubricants are to be used on or within food-contact surfaces.

14-5.84 Machine cleanability.

Food vending machines are to be constructed to be cleanable:

  • (a) without being disassembled;
  • (b) by disassembling without the use of tools; or
  • (c) by disassembling with the use of only simple tools, such as a mallet, a screwdriver or an open-end wrench kept available near the equipment, unless designed for in-place cleaning.

14-5.85 Equipment construction; in-place cleaning.

Food vending machines intended for in-place cleaning are to be constructed so that:

  • (a) cleaning and sanitizing solutions can be circulated throughout a fixed system, using an effective cleaning and sanitizing regimen;
  • (b) cleaning and sanitizing solutions contact all interior food-contact surfaces; and
  • (c) the system is self-draining or can be completely evacuated.

14-5.86 Nonfood-contact surface cleanability.

Nonfood-contact surfaces of the interior of vending machines are to be designed and constructed to permit easy cleaning and to facilitate maintenance operations, and are to be kept clean and in good repair.

14-5.87 Protection of food in vending machines.

The openings into all nonpressurized containers used for the storage of vendable food, including water, are to be provided with covers which prevent contamination from reaching the interior of the containers. These covers are to be designed to provide a flange which overlaps the openings, and are to be sloped to drain wherever the collection of condensation, moisture or splash is possible. Concave covers or cover areas are prohibited. Any port opening through the cover is to be flanged upward at least 3/16 inch, and is to be provided with an overlapping cover flanged downward. Condensation-, drip- or dust-deflecting aprons are to be provided on all piping, thermometers, equipment, rotary shafts, and other functional parts extending into the food container unless a watertight joint is provided. Such aprons are to be considered as satisfactory covers for those openings which are in continuous use. Gaskets, if used, are to be of safe materials, nonabsorbent, and are to have a smooth surface. All gasket retaining grooves are to be easily cleanable.

14-5.88 Food protection during dispensing.

The delivery tube or chute and orifice of bulk food vending machines are to be protected from normal manual contact, dust, insects, rodents and other contamination. The design is to divert condensation or moisture from the normal filling position of the container receiving the food. The vending stage of such machines is to be provided with a tight-fitting, self-closing door or cover which is kept closed except when food is being removed. The cup-filling area or platform of controlled-location vending machines does not require a door or cover if there is no opening into the cabinet interior at that point other than for dispensing tube(s) or trapped waste tubing. The dispensing compartment of prepackaged candy and similar product vending machines is to be equipped with a self-closing lid at the vending locations where insect or rodent entry into the machine may occur.

14-5.89 Condensation water disposal; food container opening devices.

  • (a) The food storage compartment and other compartments in refrigerated vending machines which are subject to condensation or cooling water retention are to be self-draining or equipped with a drain outlet which permits complete draining. In vending machines designed to store cartoned beverages, diversion devices and retention pans or drains for leakage are to be provided. All such drains, devices and retention pans are to be easily cleanable.
  • (b) Opening devices which come into contact with food or the food-contact surfaces of the containers are to be constructed of corrosion-resistant, nonabsorbent and safe materials. Unless the opening device is of a single-service type, it is to be readily removable for cleaning, and is to be kept clean. Parts of multi-use opening devices which come into contact with the food or food-contact surface of containers are to be readily removable for cleaning.

Food Vending Machine Construction-Exterior

14-5.90 Machine construction.

  • (a) The vending machine is to be of sturdy construction and the exterior is to be designed, fabricated, finished and maintained to be easily cleanable and minimize the entrance of insects and rodents. The exterior of the machine is to be kept clean.
  • (b) Door and panel access openings to the food and container storage spaces of the machine are to be tight-fitting and, when necessary, gasketed to prevent the entrance of dust, moisture, insects and rodents.
  • (c) Ventilation louvers and openings into vending machines are to be effectively screened. Screening material for openings into food and container storage spaces of the machine are to be not less than 16 mesh to the inch or equivalent. Screening material for openings into condenser units which are separated from food and container storage spaces are to be not less than 8 mesh to the inch or equivalent.

14-5.91 Condenser unit.

In vending machines having a condenser unit as an integral part, the condenser unit is to be:

  • (a) separated from the food and container storage space by a dust-proof barrier when located below these spaces; or
  • (b) sealed from the food and container storage space when located above these spaces.

14-5.92 Free-standing vending machines.

  • (a) Free-standing vending machines are to:
    • (1) be light enough to be manually moved with ease by one person;
    • (2) be elevated on legs or extended sidewalls to afford, with or without kickplates, an unobstructed vertical space of at least six inches under the machine;
    • (3) be mounted on rollers or casters which permit easy movement; or
    • (4) be sealed to the floor. Where used, kickplates are to be easily removable or be capable of being rotated.
  • (b) Counter-type machines are to be:
    • (1) sealed to the counter;
    • (2) mounted on four-inch legs or the equivalent; or
    • (3) easily movable for cleaning with service connections in place.

14-5.93 Service connections.

Service connections through an exterior wall of the machine, including water, gas, electrical and refrigeration connections, are to be grommeted or closed to prevent the entrance of insects and rodents. Service connections to machines vending potentially hazardous food are to be such as to discourage their unauthorized or unintentional disconnection.

14-5.94 Existing equipment.

A food vending machine or piece of equipment used in existing food vending operations is acceptable for that operation provided that it is in good repair, maintained in a sanitary condition, the food-contact surfaces are nontoxic, and it performs its intended function in a satisfactory manner without contaminating food by normal use.

14-5.95 Definitions relating to equipment and utensils.

  • (a) Approved means that, under conditions of use, the State Commissioner of Health, based on evaluation of the physical characteristics and usual usages, has determined it to be in conformance with good public health practices.
  • (b) Easily cleanable means readily accessible and of material and finish fabricated so that residues may be completely removed by normal cleaning methods.
  • (c) Equipment is all food vending machines, food heating devices, tables, counters, refrigerators, sinks, ovens and similar items, other than utensils, used in the operation of a food vending operation.
  • (d) Food-contact surfaces are the surfaces of equipment, utensils, food vending machines and single-service items which are normally contacted by food or which food may contact and drain back into food or onto food-contact surfaces.
  • (e) Kitchenware is all multi-use utensils, other than tableware, used in the storage, preparation, transfer, conveyance or service of food.
  • (f) Nonfood-contact surfaces are surfaces other than food-contact surfaces.
  • (g) Single-service articles are items intended by the manufacturer to be discarded after using item once for eating or drinking.
  • (h) Utensil is any tableware or kitchenware used in the storage, preparation, transfer or service of food.

14-5.96 Other hazards.

  • (a) Food vending machines requiring electrical power are to be grounded or double-insulated to protect anyone contacting or touching the machine from shock.
  • (b) Food vending machines are to be constructed and installed so that they are stable and resist tipping under normal conditions of use and service.

Equipment Location

14-5.100 Vending machine location.

  • (a) Vending machines, ovens and other equipment used in connection with a food vending operation are to be located in a room, area or space which is maintained in a clean condition and which is protected from overhead leakage or condensation from water, waste or sewer piping. The immediate area in which the equipment is located is to have adequate ventilation to remove odors and fumes. Each vending machine is to be located so that the space around and under the machine is easily cleaned and maintained, and so that insect and rodent harborage is not created.
  • (b) The floor area where vending machines are located is to be cleanable and capable of withstanding repeated cleaning operations. This space and the immediate surroundings of each vending machine are to be maintained in a clean condition.
  • (c) Handwashing facilities, including hot and cold or tempered running water, soap and individual towels, are to be convenient to the machine location and available for use by employees servicing or loading food vending machines.
  • (d) The immediate area in which a food vending machine operation is located is to have at least 20 footcandles of lighting during times of operation at vending machine operating surfaces, condiment dispensing tables, ovens, and at least 10 footcandles at tables furnished for eating.

Equipment and Utensil Cleaning and Sanitization

14-5.110 All equipment at vending locations to be kept clean.

  • (a) Food-contact surfaces are to be cleaned and sanitized each time the machine is serviced at an unattended vending operation, and daily or as needed to protect food from contamination at an attended vending operation.
  • (b) Nonfood-contact surfaces of equipment are to be cleaned as often as necessary to keep the equipment free of accumulations of dust, dirt, food particles and other debris.
  • (c) Clean and sanitized equipment and utensils, including single-service articles, are to be handled, transported, stored and offered for consumer use so that they are protected from contamination.

14-5.111 Manual facilities.

The preferred manual method of cleaning and sanitizing equipment and utensils is to use a three-compartment sink; to wash in the first compartment with hot water and a detergent; rinse in clean hot water in the second compartment; and sanitize in the third compartment using an accepted procedure. Other methods acceptable to the State Commissioner of Health may be used. The procedure must clean and sanitize the article so as to produce an average plate count of not more than 100 colonies on the surface of utensils examined and free from coliform bacteria.

14-5.112 Definition of sanitization; general requirements.

  • (a) Sanitization is effective bactericidal treatment by heat or chemical means, acceptable to the permit-issuing official, which destroys pathogens on surfaces treated.
  • (b) The following are acceptable methods of sanitizing:
    • (1) immersion for at least one-half minute in clean hot water at a temperature of not less than 170 degrees Fahrenheit (76.7 degrees Celsius);
    • (2) immersion for at least one minute in a clean solution containing at least 50 parts per million of available chlorine at a temperature of at least 75 degrees Fahrenheit (23.9 degrees Celsius);
    • (3) immersion for at least one minute in a clean solution containing at least 12.5 parts per million of available iodine and having pH not higher than 5.0, and at a temperature of at least 75 degrees Fahrenheit (23.9 degrees Celsius); or
    • (4) immersion in a clean solution containing any other chemical sanitizing agent, acceptable to the State Commissioner of Health, that will provide the equivalent bactericidal effect of a solution containing at least 50 parts per million of available chlorine as hypochlorite at a temperature of at least 75 degrees Fahrenheit (23.9 degrees Celsius) for one minute; or
    • (5) swabbing with a solution of at least twice the strength required for that sanitizing solution when used for immersion.
  • (c) Chemicals used for sanitizing are not to have concentrations which will leave toxic residues on surfaces treated. A test kit or other device is to be provided and used that accurately measures the parts-per-million concentration of the solution used.
  • (d) Chemicals, heat or other process used for sanitizing is to produce an average plate count per utensil surface examined of not more than 100 colonies and free from coliform organisms.

14-5.113 Drying.

All equipment and utensils are to be air-dried after sanitizing.

14-5.114 Wiping cloths.

  • (a) Moist cloths used for wiping food-contact surfaces of equipment are to be used only for this purpose. These cloths are to be stored in a sanitizing solution between uses.
  • (b) Moist cloths used for cleaning nonfood-contact surfaces of equipment are to be stored in a sanitizing solution between uses, and are to be used only for this purpose.

14-5.115 Microwave ovens.

The cavities and door edges of microwave ovens are to be cleaned at least once a day, and are to be kept free of encrusted grease deposits and other accumulated soil.

14-5.116 Cleaning record.

A record of cleaning operations is to be maintained by the operator. It is to be located in each machine or be returned daily to headquarters, and is to be available at the time of inspection and be current for at least the past 30 days.

Water Supply

14-5.120 Water supply.

  • (a) The water supply is to be adequate, safe, of sanitary quality from an acceptable source that meets the requirements of Part 5 of this Title.
  • (b)(1) Water used as a food ingredient is to be piped to the vending machine under pressure, except that in controlled-location vending machines, water obtained from a safe source may be carried to the machines in sanitary containers that protect it from contamination. (2) External water fill ports or drawers of controlled-location vending machines are to be designed so that covers and drawers are secured to the machine. Where unauthorized persons may have access to these machines, external fill port covers or drawers are to be equipped with locks.
  • (c) Water filters or other water-conditioning devices are to be approved for such use by the State Commissioner of Health, and are to be disassembled for periodic cleaning or replacement of the active element. Replacement elements are to be handled in a sanitary manner.
  • (d) Carbonated beverage dispensers connected to a water supply system are to be equipped with an air gap at the water inlet, or a double check valve, vented to discharge carbon dioxide gas to the atmosphere, that provides positive protection against the entrance of carbon dioxide or carbonated water into the water supply system, or other device acceptable to the State Commissioner of Health. All water-contact surfaces downstream from this protection device are to be of materials that will not produce toxic substances when exposed to carbon dioxide or carbonated water.
  • (e) All lines conducting carbonated beverages or carbon dioxide gas are to be stainless steel, food-grade plastic or other material that will not produce toxic substances when exposed to carbon dioxide or carbonated beverages.

Sewage

14-5.130 General.

All sewage, including liquid waste, is to be disposed of in a public sewer or in a manner which protects the premises, personnel and contents within the establishment and does not create a nuisance.

Plumbing

14-5.140 Plumbing.

Plumbing is to be sized, installed and maintained to carry potable water to all parts of the food vending operation in quantities and at pressures needed for satisfactory operation. Sewage and liquid wastes are to be handled and disposed of in a manner which protects the premises, personnel and contents within the establishment and surroundings from contamination. All plumbing is to be constructed and maintained to prevent contamination of the potable water supply, food, equipment, utensils, the premises, contents, employees and patrons. There is to be no direct connection between the sewage system and any drains originating from fixtures and equipment used for storage, preparation or processing of food or drink. Waste lines from equipment requiring indirect drains are to be installed so as to prevent backflow from sewers and drains from other fixtures.

14-5.141 Definition of indirect drain.

An indirect drain is a waste line which does not connect directly with the drainage system, but conveys and discharges liquid wastes through an air break into an approved plumbing fixture or receptacle directly connected to the drainage system.

14-5.142 Toilet facilities.

  • (a) Each food vending operation is to have adequate, conveniently located and properly installed toilet fixtures accessible to machine attendants and servicers. Toilet fixtures are to be of sanitary design and readily cleanable. Toilet rooms are to be completely enclosed and to have tight-fitting, self-closing doors.
  • (b) Toilet facilities are to be kept clean, in good repair and free from objectionable odors. A supply of toilet tissue is to be provided at all times at each toilet. Easily cleanable receptacles for waste paper and other refuse are to be provided. One receptacle in toilet rooms used for women is to be covered. Employee handwashing signs are to be posted in each employee toilet room area.
  • (c) All food vending operations with a seating capacity of 20 or more, except those in operation on or before December 5, 1977, are to provide toilet facilities for their patrons as required by chapter 774 of the Laws of 1977.

14-5.143 Handwashing facilities.

  • (a) Handwashing facilities are to be provided and maintained for use by food vending operation attendants and servicers. Sinks not in use for utensil or equipment washing may be used for handwashing.
  • (b) Each handwashing facility is to be provided with running hot and cold or tempered potable water. Self-closing or metering faucets used are to provide a flow of water for at least 15 seconds without need to reactivate the faucet. Steam mixing valves are prohibited.
  • (c) Each handwashing facility is to be provided with hand-cleaning soap or detergent with a sanitary storage receptacle. Individual single-service towels, warm air blowers or clean individual sections of continuous cloth are to be provided. Common towels are prohibited. Conveniently located waste receptacles are to be provided if disposable towels are used.
  • (d) Handwashing facilities, soap or detergent receptacles, handwashing devices and related facilities are to be kept clean and in good repair.
  • (e) Handwashing signs are to be posted at all employee handwashing facilities.

Garbage and Refuse

14-5.150 Garbage and refuse storage and disposal.

  • (a) Garbage and refuse is to be stored, handled and disposed of in a manner that protects food and food-contact surfaces from contamination and the premises from litter.
  • (b) Self-closing, leak-proof, easily cleanable, insect-proof and rodent-proof waste receptacles are to be provided and maintained at each food vending operation, of adequate capacity to receive used cups, cartons, wrappers, straws, closures and other items. Plastic bags and wet-strength paper bags may be used to line the receptacles. Soiled waste receptacles are to be kept clean to prevent insect and rodent attraction, or creation of a nuisance.
  • (c) Except for machines dispensing only packaged food with crown closures, waste receptacles are not to be located within the vending machine.
  • (d) Waste receptacles are not to be located in a manner that will create a nuisance or prevent space around and under the counter or enclosure from being easily cleaned and maintained. Suitable racks or cases are to be provided for multi-use containers or bottles.
  • (e) Containers are to be provided within all machines dispensing liquid food in bulk for the collection of drip, spillage, overflow or other internal wastes. Such machines are to be equipped with an automatic shut-off device at the waste pail, or other devices or valves which will place the machine out of operation before the waste pail overflows, except that controlled-location vending machines not connected to a water supply system, and which generate no internal liquid wastes, may be equipped with easily removable drip pans at the dispensing platform in lieu of internal waste containers and automatic shut-off devices.
  • (f) Containers or surfaces on which such wastes may accumulate are to be readily removable for cleaning, easily cleanable, and corrosion-resistant. If liquid wastes from drip, spillage or overflow, which originate within the machine, are discharged into a sewage system, the connection to the sewer is to be an indirect drain.

Insect and Rodent Control

14-5.160 Insect and rodent control.

The food vending operation is to be free of insects, rodents, harborage, and insect or rodent breeding conditions. Pesticides are not to be used in place of or as a substitute for proper sanitation.

Construction and Maintenance of Physical Facilities

14-5.170 Premises.

Food vending operations, and all parts of the property used in connection with the operations, are to be kept clean and free from litter.

Enforcement

14-5.180 Permits; application, issuance, inspection.

  • (a) A valid permit is issued by the permit-issuing official having jurisdiction is required for lawful operation of a food vending machine commissary, a food vending operation or controlled location vending machine. At establishments that serve retail frozen desserts the $25 permit fee imposed by Public Health Law Section 225(5)(s) shall be paid at the time any other permit fees related to the operation of the food service establishment are collected by the permit-issuing official and the establishment's permit shall indicate that the facility can manufacture and sell retail frozen desserts.
  • (b) The term permit-issuing official means the health commissioner or health officer of a city of 50,000 population or over, the health commissioner or health officer of a county or part-county health district, the State regional health director or area district director having jurisdiction, a grade I or grade II public health administrator qualified and appointed pursuant to Part 11 of this Title, a public health director or any county health director having all the powers and duties prescribed in Section 352 of the Public Health Law. The health commissioner or health officer of a city of 50,000 population or over, or the health commissioner or health officer of a county or part-county health district or such grade I or grade II public health administrator or public health director or county health director may designate the director of environmental health of such district; and the State regional health director or area director may designate the district director as additional persons to issue the permits required by this Subpart.
  • (c) Not less than 21 days before starting a food vending commissary, an application for a permit is to be submitted to the permit-issuing official having jurisdiction. This application is to be completed in full on forms acceptable to the permit-issuing official. The application is to include the proposed and existing location of all food vending machines.
  • (d) A permit will be issued subject to the food vending commissary and food vending operations being operated in compliance with this Subpart and not presenting a danger to the health of the consumer or to the public. An applicant's past history of compliance or non-compliance will be a consideration in evaluating each of the previously mentioned criteria. The condition of the vending machines, commissary, its equipment, utensils, personnel, mode of operation, surroundings, water supply, sewage disposal, waste handling, furnishings, food and appurtenances are all factors in determining whether its continued operation may affect public health. After making a preliminary inspection, a permit may be issued or the operator advised of violations prohibiting issuance of such permit by the permit issuing official.
  • (e) It is unlawful for a food vending commissary or food vending machine operator to operate without a permit during the 21 days from the time a permit has been requested. In the event the permit-issuing official or his designated representative does not make an inspection of the commissary or food vending operation during this 21-day period, operation may commence without being in violation of this Subpart until such time as the permit-issuing official or his designated representative makes an inspection and issues a permit or issues an order to cease operation for cause.
  • (f) The designated representative of the permit-issuing official is a person authorized to perform inspections of commissaries and food vending operations on behalf of the permit-issuing official. Persons authorized to make inspections are to complete required inspection report forms and to take mandated enforcement actions required by this Subpart.
  • (g) Each food vending machine which is coin- or token-operated is to have the name, address and telephone number of the person responsible for its operation posted to be readily visible to anyone operating the machine.

14-5.181 Preoperational review.

  • (a) It is the responsibility of the operator of a food vending operation to construct, equip, furnish, maintain and operate the food vending operation under his control in compliance with the requirements of this Subpart and other applicable laws, rules and regulations. Prior to construction, major renovation, or commencing operation of a food vending operation, the permit-issuing official may require all food vending operations under his control to submit sketches or plans showing the floor layout, equipment, plumbing, ventilation, refuse storage facilities, sewage disposal facilities and similar information.
  • (b) Submission and review of plans does not relieve the operator or his successor from meeting all requirements of this code.

14-5.182 Non-transferable.

Permits are non-transferable from one owner or operator to another, or from one commissary location to another.

14-5.184 Enforcement.

  • (a) Operation of a food vending commissary or food vending operation without a permit is a violation of this Subpart. The permit-issuing official or his designated representative may order any food vending commissary or food vending operation requiring a permit in his jurisdiction, operating without a valid permit, to close and cease all food operations immediately, and to remain closed until a valid permit has been obtained.
  • (b) For serious, repeated or persistent violations of any of the requirements of this Subpart, or for interference with the permit-issuing official or his designated representative in the performance of his duties, the permit may be revoked after notice and an opportunity for a hearing has been provided by the permit-issuing official.
  • (c) The permit-issuing official may suspend a permit and order immediate cessation of operations and service of food at a food vending commissary or food vending operation within his jurisdiction when, in his opinion, continued operation is an imminent hazard to public health. Any person so ordered is to comply immediately, and within 15 days is to be provided with an opportunity to be heard and to present proof that continued operation does not constitute a danger to the public health.

14-5.185 Access.

The permit-issuing official or his designated representative is to be permitted access, for purposes of inspection, at all times while the food vending commissary or food vending operation in his area of jurisdiction is in operation, whether open to the public for service of food or not. Refusal of admittance, after proper identification, is cause for action to obtain permit revocation and an order to close.

14-5.186 Embargo.

  • (a) The permit-issuing official or his designated representative may, by written order, place an embargo order on any 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 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 or embargo, or may, by written order, direct the embargoed food, or any part of it, to be continued to be held under embargo pending further testing, analysis or court action, to be destroyed, to be denatured and rendered inedible, to be released for return to a food processing plant for further processing, or to be released to another regulatory agency. The permit-issuing official will consider the hearing officer's recommendation in determining the disposition of the embargoed food.
  • (b) 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.
  • (c) The permit-issuing official or his designated representative may take representative samples of the suspected food for analysis upon payment of retail value of the sample taken.

14-5.187 Suspension of permits.

Permits may be suspended temporarily by the permit-issuing official, after notice and an opportunity to be heard, for failure of the permit holder to comply with the requirements of this Subpart, or with any lawful notice or order issued by the permit-issuing official or his designated representative.

14-5.188 Closure.

When action is taken to order closure and cessation of operations, the permit-issuing official or his designated representative is to:

  • (a) conspicuously post a notice or placard at each entrance of the food vending commissary, food vending operation or on the food vending machine, stating the existence of such order and the authority for such order. This order is not to be concealed, mutilated or altered by any person, or removed without permission of the permit-issuing official; and
  • (b) publish notice of the order, with the reasons for the order, in one or more newspapers in the county or city in which the food vending commissary or food vending operation is located.

14-5.189 Hearings.

The hearings provided for in this section are to be conducted by the permit-issuing official or his designated hearing officer.

14-5.190 Emergency occurrences, reporting of foodborne disease.

  • (a) In the event of an occurrence such as fire, flood, power outage, or similar event which might result in the contamination of food or which might prevent potentially hazardous food from being held at required temperatures, the person in charge of the food vending commissary for food vending operation is to immediately notify the permit-issuing official.
  • (b) Any food service operator having actual or constructive knowledge of the occurrence of illness allegedly due to the consumption of food served at the establishment, shall report the same within 24 hours by telephone, telegram, or in person to the permit-issuing official.

14-5.191 Waiver.

The permit-issuing official may waive, in writing, any of the requirements of this Subpart, and the waiver included as a condition of the permit to operate, when it reasonably appears that the public health will not be endangered by such waiver. All such waivers are to be only for the same period as the term of the permit.

14-5.192 Separability.

If any provision of this Subpart is held invalid, such invalidity shall not affect other provisions which shall be given effect without the invalid provisions.