N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 14-5.10

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

Section 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° F (7.2° C) or less than 140° F (60° C) 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.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 14-5.10