Health Department Forms Folder 1179, 1996-2001

NYC 9/11 Public Portal Document

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owners or operators are authorized by Sections 17-141 or 17-148 of the New York City Administrative Code as outlined in Subsection (e). The old Section 81.43 [Sealing up of insanitary establishments on order of Commissioner] anc the old Section 81.45 [Vehicles used to transport food; cleanliness] would be absorbed into the proposed Section 81.39.

Pursuant to Article 2 of the New York State Agriculture and Markets Law and a memorandum of understanding between the New York State Department of Health and the New York State Department of Agriculture and Markets, effective March 1, 1986, the New York City Department Health no longer exercises jurisdiction over food of

manufacturing. Food manufacturing is now under the purview of the State Department of Agriculture and Markets. Therefore, it is proposed that the old sections dealing with the pasteurization and labeling requirements for broken out eggs, the denaturing of inedible eggs and the marking of candled case eggs [81.48, 81.49, 81.51, 81.53] be deleted. It is also proposed that the requirement that operators of food service establishments notify the Department about complaints patrons' illness allegedly of

resulting from food served in the establishment be transferred from the repealed Article 87 to Section 81.43. The section would specify that operators of food service establishments (and non-retail food processing establishments) also report to the Department any emergency occurrence such as fire, power outage or flood which might result in contamination of food.

It is also proposed that those provisions relating to permits for the above mentioned regulated activities, including fees, be amended to simplify and consolidate the multiplicity of classes into two permit types, and to appropriately adjust fees and expiration dates. The fees proposed for the two (2) new types of permits represent a consolidation the fees currently collected for the twenty (20) permit classes proposed of

to be repealed. Although the redistribution of program costs over different permit types results in fee changes on a case by case basis among permitees, the proposal does not represent an overall fee increase in that they are based upon the current fee schedule. The effective date of this Resolution is proposed to be September 1, 1996 so as to ensure that the renewal cycle for existing permits can be completed under the current permit and fee structure.

Article 113 regulates frozen desserts. It is proposed that Section 113.19 be deleted. Labeling of frozen dessert containers, packages and wrappers is regulated by the New York State Department of Agriculture and Markets and by federal regulations. A sign bearing nutritional information about dietary frozen desserts is not required in the New York State Sanitary Code, and presents an unnecessary burden to the operator.

Note-matter underlined is new matter in brackets to be deleted a

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