T A B L E O F C O N T E N T S P RT I A ... - Broome County

§ 168-12 SANITARY CODE
§ 168-13
SERVICE FOOD ESTABLISHMENT — Any place in which food is prepared for public
service, including all eating and drinking establishments, whether fixed or mobile, temporary
or permanent, except common carriers in interstate services.
§ 168-13. Food establishment regulations.
A. Sanitary requirements. Any person owning or operating or in responsible charge of a
food establishment where food or drink intended for human consumption is sold,
manufactured, cooked, processed, prepared, transported, kept or offered for sale shall
operate and maintain such food establishment at all times in a clean, sanitary condition
and so as to conform to the requirements of the State Sanitary Code. Any food or drink
kept or displayed in such establishment in the manner that food or drink for sale for
human consumption is ordinarily kept or displayed shall be deemed to be offered for sale
for human consumption. Sale or offering for sale in the Health District of food or drink
manufactured, cooked, processed or prepared in any store or place located outside the
Health District shall be contingent upon evidence, satisfactory to the Commissioner, of
reasonable compliance with the regulations of the Sanitary Code. When any service food
establishment, upon inspection by the Broome County Health Department, has received
notification by said Health Department of violations of the Sanitary Code pertaining to
food and food contact surfaces, the permit issued to such service food establishment,
pursuant to the Sanitary Code, shall be automatically suspended and the service food
establishment closed for a minimum period of three days if the violations have not been
corrected within 24 hours. Said service food establishment shall remain closed and the
permit to operate said service food establishment shall not be reissued until full
compliance with the Sanitary Code and the previous inspection report, satisfactory to the
Commissioner of Health or his designee, is achieved. [Amended 4-4-1978 by L.L. No.
3-1978]
B. Permit required. [Amended 4-4-1978 by L.L. No. 3-1978; 3-29-1983 by L.L. No.
5-1983]
(1) No person, firm or corporation shall maintain or operate a food establishment
without first having obtained a permit therefor from the Commissioner. Said permit
shall be issued upon proof of compliance with the provisions of the State Sanitary
Code and payment of an annual fee.
(2) The Commissioner may, at his or her discretion, waive the required permit for
itinerant or temporary eating places where such places are maintained by nonprofit
community organizations, fraternal organizations or religious or other like
organizations serving occasional single meals, provided that any such
establishments conform to all other requirements of the State Sanitary Code.
C. Rules and Regulations. Food establishments shall comply with the provisions of Part 14
of the New York State Sanitary Code entitled "Service Food Establishments," and any
amendments thereto, as the same is set forth in Title 10 of the New York Codes, Rules
and Regulations.
D. Exceptions. In the case of places handling essentially packaged food and providing
limited services such as vehicles, mobile lunch wagons or carts, roadside stands and
168:9
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