N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 14-1.10

Current through Register Vol. 46, No. 51, December 18, 2024

Section 14-1.10 - 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 served to the public by the establishment or its continued operation can injure the health of the consumer or the public. Imminent health hazards include but are not limited to the conditions listed in subdivisions (b) and (c) of this section.

(b) Any of the following five violations are imminent health hazards against the public interest which require the permit-issuing official or his designated representative to order the establishment closed and all service of food stopped immediately, if not corrected at the time of the inspection while the permit-issuing official or representative of the permit-issuing official is on the premises:

(1) food is present in the establishment from an unapproved or unknown source or which is or may be adulterated, contaminated or otherwise unfit for human consumption;

(2) potentially hazardous food is held for a period longer than that necessary for preparation or service at a temperature greater than 45 degrees Fahrenheit (7.2 degrees Celsius) or less than 140 degrees Fahrenheit (60 degrees Celsius);

(3) potentialiy hazardous food exposed to consumer or other contamination is served again;

(4) toxic items are improperly labeled, stored or used; or

(5) persons with disease or infection which can be transmitted by food or drink are not restricted to prevent food contamination within the food service establishment.

(c) Any of the foliowing three conditions are violations constituting imminent health hazards which require the permit-issuing official or his designated representative to order the establishment closed and all service of food stopped immediately:

(1) if the potable water supply within a food service establishment is not in full conformance with the requirements of Part 5 of this Title, and if it reasonably appears to the permit-issuing official or his designated representative that it can result in an imminent health hazard, and if the operator does not use single-service items and bottled water from an approved source for all potable water uses, the establishment is to be ordered closed and all food service to be stopped immediately;

(2) any cross-connection or other fault in the potable water system which may permit contamination of the potable water supply is cause for an order for immediate closure and cessation of food service if it reasonably appears to the permit-issuing official or his designated representative that it can result in an imminent health hazard. In any case, all such cross-connections are to be corrected within a period of time set by the permit-issuing official, and in no case more than 30 days from the date of the inspection. If uncorrected within that time, the permit shall be suspended and the establishment ordered closed and food service stopped until all violations are corrected; or

(3) if sewage or liquid waste is not disposed of in an approved and sanitary manner, the permit-issuing official or his designated representative is to order closure and immediate cessation of all food service operations if such sewage or liquid waste contaminates any food, food storage area, food preparation area or area frequented by consumers or employees.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 14-1.10