Document Citation: 10 NYCRR 14-5.40

Header:
NEW YORK CODES, RULES AND REGULATIONS
TITLE 10. DEPARTMENT OF HEALTH
CHAPTER I. STATE SANITARY CODE
PART 14. FOOD SERVICE ESTABLISHMENTS
SUBPART 14-5. VENDING OF FOOD AND BEVERAGES

Date:
08/31/2009

Document:

§ 14-5.40 Food protection; potentially hazardous food; temperature and refrigeration requirements

(a) Food is to be protected from contamination during storage, transportation, display, while being held for service, or dispensing by a vending machine or in connection with vending operations. The temperature of potentially hazardous food is to be 45 degrees F (7.2 degrees C) or below, or 140 degrees F (60 degrees C) or above, at all times, except during necessary times of preparation, the actual time required to load or otherwise service the machine and for a maximum machine ambient temperature recovery period of 30 minutes following completion of loading or servicing operations. The total time that potentially hazardous food may be at a temperature between 45 degrees F (7.2 degrees C) and 140 degrees F (60 degrees C) is not to exceed two hours. Intact shell egg temperatures shall be considered acceptable if ambient storage temperature is 45 degrees F (7.2 degrees C) or less.

(b) Vending machines dispensing potentially hazardous food are to have heating or refrigeration units with thermostatic controls that are able to maintain the food at 140 degrees F (60 degrees C) or above, or 45 degrees F (7.2 degrees C) or below when fully loaded. These vending machines are also to have automatic controls which prevent the machine from vending potentially hazardous food until serviced by the operator in the event the temperature in the food storage compartment is not within allowed operating limits for any reason except for the permitted 30-minute period following servicing or loading.

(c) Potentially hazardous food which has been held at temperatures between 45 degrees F (7.2 degrees C) and 140 degrees F (60 degrees C), for times exceeding those allowed in this Part, is not to be vended, sold, donated or given away for use in whole or in part for human consumption.

(d) Potentially hazardous foods are to be labeled showing the name and address of the establishment where prepared and packaged.

(e) Food-vending machines vending potentially hazardous food requiring heated or refrigerated storage are to have thermometers, accurate to plus or minus 2 degrees F (1.1 degrees C), located in the machine that are readily observable by the person servicing the machine, showing the coldest part of the heated storage compartment and the warmest part of the refrigerated compartment.

(f) Shell eggs or foods containing shell eggs are to be heated to 145 degrees F (62.8 degrees C) or greater unless an individual consumer requests preparation of a shell egg or food containing shell eggs in a style such as raw, poached or fried which must be prepared at a temperature less than 145 degrees F in order to comply with the request.