Section 17-1501
§ 17-1501 Definitions. As used in this Chapter the following terms
shall have the following meanings:
a. "Consultative inspection" means an educational sanitary inspection
of a food service establishment that shall not result in fines or a
grade.
b. "Covered languages" means Chinese, English, Haitian Creole, Korean,
Bengali, Russian and Spanish, and any other language determined by the
department.
c. "Critical violations" shall have the meaning it is given in section
23-01 of title 24 of the rules of the city of New York.
d. "Food service establishment" means any establishment inspected
pursuant to the restaurant grading program established pursuant to
subdivision a of section 81.51 of the health code of the city of New
York.
e. "Food service establishment inspector" means any individual
employed by the department who as part of his or her duties conducts
inspections of food service establishments pursuant to subdivision a of
section 81.51 of the health code of the city of New York.
f. "General violations" shall have the meaning it is given in section
23-01 of title 24 of the rules of the city of New York.
g. "Imminent health hazard or public health hazard" shall have the
meaning it is given in section 81.03 of the health code of the city of
New York.
h. "Initial inspection" means the first sanitary inspection within an
inspection cycle.
i. "Inspection cycle" means a series of related inspections of food
service establishments consisting of at least an initial inspection and
including, if triggered by the initial or any subsequent inspections
within that cycle, a reinspection and any compliance inspections
conducted by the department because of a previous inspection score in
that cycle.
j. "Notice of violation" means a written notice issued by a food
service establishment inspector alleging that there was a violation of
law or regulation at the food service establishment on the day of the
food service establishment inspection.
k. "Sanitary inspection" means any on-site review by the department of
a food service establishment's physical facilities, food handling
operations, equipment, sanitary condition, maintenance, and worker
hygiene practices. The term may include, but shall not be limited to
include, initial, reinspection, compliance and pre-permit inspections.
Section 17-1502
§ 17-1502 Food Service Establishment Inspection Code of Conduct. a.
The commissioner shall develop a code of conduct pertaining to sanitary
inspections. The inspection code of conduct shall inform owners and
operators of food service establishments of their rights as they relate
to sanitary inspections.
b. The inspection code of conduct shall be in the form of a written
document, drafted in plain language. The department shall distribute the
inspection code of conduct to all food service establishment inspectors
and food service establishments. Food service establishment inspectors
shall also distribute the inspection code of conduct to food service
establishment owners or operators prior to the beginning of an initial
inspection. The department shall make the inspection code of conduct
available on the department's website in the covered languages.
c. The code of conduct shall include, but not be limited to, the
following requirements:
(1) the food service establishment inspector shall behave in a
professional and courteous manner;
(2) upon arriving at the food service establishment to perform a
sanitary inspection, the food service establishment inspector shall
immediately identify himself or herself to the staff of the food service
establishment, and note the type of inspection, in a manner that does
not unreasonably interfere with the dining experience of patrons;
(3) the food service establishment inspector shall be as unobtrusive
as possible during the inspection while conducting the inspection;
(4) the food service establishment inspector shall return any
equipment he or she moved back to its original location, and reassemble
any equipment he or she disassembled, during the course of the
inspection;
(5) the food service establishment inspector shall have a sound
knowledge of all relevant health code provisions and any other
applicable laws and regulations.
(6) the food service establishment inspector shall meaningfully
communicate with the food service establishment owner or operator, and
if necessary, utilize language assistance services to facilitate
meaningful communication;
(7) the food service establishment inspector shall answer reasonable
questions relating to the inspection;
(8) the food service establishment inspector shall enforce agency
rules in a fair and impartial manner;
(9) the food service establishment inspector shall, upon finding a
violation, explain to the food service establishment owner or operator
how to remedy such violation.
(10) the food service establishment inspector must provide information
informing the food services establishment owner or operator how such
owner or operator may contest a notice of violation before the relevant
local tribunal; and
(11) the food service establishment inspector shall provide
information on how the food service establishment owner or operator may
file a comment, compliment, or complaint about an inspector.
d. The commissioner shall regularly, but no less frequently than every
two years, review and update the inspection code of conduct, as
necessary.
e. Nothing in this section or in the inspection code of conduct shall
be construed to create a cause of action or constitute a defense in any
legal, administrative, or other proceeding.
Section 17-1503
* § 17-1503 Food Service Establishment Advisory Board. a. There shall
be an advisory board to advise the commissioner concerning matters
related to the food service establishment sanitary inspection program
and its effect on the restaurant industry, food safety and public
health.
b. Such advisory board shall consist of twenty members as follows:
i. Ten members shall be appointed by the mayor, provided that two such
members shall represent food service industry associations, two such
members shall have advanced specialized training in food safety, two
such members shall have advanced specialized training in nutrition, and
four such members shall operate food service establishments;
ii. Nine members shall be appointed by the speaker of the council,
provided that two such members shall represent food service industry
associations, two such members shall have advanced specialized training
in food safety, two such members shall have advanced specialized
training in nutrition, and three such members shall operate a food
service establishment;
iii. The commissioner of the department of health and mental hygiene
shall serve ex officio.
c. At the invitation of the department, other individuals may
participate in the discussions of the board.
d. Each member, other than the member serving in an ex officio
capacity, shall serve for a term of two years, to commence upon the
first meeting of the advisory board. Any vacancies in the membership of
the advisory board shall be filled in the same manner as the original
appointment. A person filling such vacancy shall serve for the unexpired
portion of the term of the succeeded member.
e. No member of the advisory board shall be removed except for cause
and upon notice and hearing by the appropriate appointing official.
f. Members of the advisory board shall serve without compensation and
shall meet no less often then every three months.
g. The agendas for the first four meetings of the advisory board shall
include, but not be limited to:
1. a review of current health code violations for which points are
assigned, including those violations that do not bear directly on food
safety and public health;
2. a review of the current food safety inspector training curriculum;
3. a review of the effect of letter grading on public health and food
safety, including information on the top ten most commonly cited
violations in the previous year and any change in the incidences of
illness from food borne pathogens; and
4. a review of the relationship between the food service industry and
the department.
h. On January 1, 2015, and every year thereafter on January first, the
advisory board shall submit a report to the mayor, the commissioner, and
the speaker of the council. Such report shall include, but not be
limited to:
1. an assessment of the restaurant inspection program and its effect
on the restaurant industry, public health and food safety, including
information on the top ten most commonly cited violations in the
previous year and any change in the incidences of illness from food
borne pathogens; and
2. specific recommendations for changes and/or improvements to the
restaurant inspection program and actions, if any, taken by the
department in response to such recommendations.
* NB Repealed January 1, 2024
Section 17-1504
* § 17-1504 Food Service Establishment Consultative Inspection
Program. a. The department shall implement a consultative inspection
program for food service establishments.
b. Such consultative inspections shall be optional, and performed for
educational and informational purposes only. A consultative inspection
shall not result in a notice of violation being issued for general
violations, critical violations, imminent health hazards or public
health hazards. A consultative inspection shall not impact a food
service establishment's inspection cycle.
c. Upon completion of a consultative inspection, the inspector shall
review the results with the owner or operator of the food service
establishment, and advise the owner or operator of potential violations
and how to remedy such violations.
d. Nothing in this section shall prohibit the department from taking
appropriate action if a food service establishment fails to remedy a
public health hazard at the time of the consultative inspection.
e. The department may charge a fee which shall be set by rule
promulgated by the commissioner.
f. The department may schedule the consultative inspection based on
factors, set by rule promulgated by the commissioner, including but not
limited to demand, prioritization according to inspection history, and
the inspection cycle of the food service establishment.
g. Within the consultative inspection program for food service
establishments, the department shall develop a system for newly licensed
food service establishments whereby such establishments may schedule the
consultative inspection prior to their first initial inspections for a
nominal fee which shall be set by rule promulgated by the commissioner.
* NB Effective May 7, 2014
Section 17-1505.
§ 17-1505. a. Food service establishment inspections ombuds office;
office established. There is hereby established within the food safety
program of the department a food service establishment inspections
ombuds office.
b. Food service establishment inspections ombuds office; duties and
responsibilities. The food service establishment inspections ombuds
office shall have, but not be limited by, the following duties and
responsibilities:
1. establishing a system to receive questions, comments, complaints,
and compliments with respect to any food service establishment
inspection, including but not limited to, the establishment, operation,
and dissemination of a central telephone hotline and website to receive
such questions, comments, complaints, and compliments;
2. investigating complaints received pursuant to paragraph one of this
subdivision and taking any action it deems appropriate regarding such
complaints, including but not limited to, withdrawing violations that
concern the physical layout and/or major fixtures within a food service
establishment where the department finds that such physical layout or
fixture existed at the time of a prior inspection but was not the
subject of a violation and the condition has not been altered since the
time of such prior inspection, and identifying egregious inspection
errors that out to be rectified by the department in lieu of submission
to the administrative tribunal;
3. issuing guidance letters providing informal advisory opinions on
matters pertaining to food service establishment inspections, including
but not limited to appropriate inspection methods and food handling
techniques, either upon request or the department's own initiative. Any
such guidance letter issued by the ombuds office shall be posted on the
department's website upon issuance and, to the greatest extent
practicable, distributed to all food service establishment operators;
4. monitoring inspection results for trends and inconsistencies,
including but not limited to, via the compilation and analysis on a
quarterly basis of the type and number of violations issued by each
inspector; and
5. making recommendations to the commissioner regarding improvements
to the food service establishment inspection process.
c. Food service establishment inspections ombuds office; annual
report. No later than July 1, 2014, and every July 1 thereafter, the
ombuds office shall submit to the commissioner an annual report
regarding its activities during the previous twelve months. The ombuds
office shall forward a copy of such report to the mayor and the speaker
of the council. Such report shall include but not be limited to:
1. the number, nature, and resolution of questions, comments,
complaints, and compliments received by the ombuds office;
2. the number and nature of guidance letter requested;
3. a copy of each guidance letter issued;
4. an analysis of trends and inconsistencies across inspection
results; and
5. recommendations for improvements to the food service establishment
inspection process in accordance with paragraph five of subdivision b of
this section.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.