§81.11 Consumer advisory: serving raw or undercooked foods.

1. Written consumer advisory. Effective January 1, 2016, when meat, fish, molluscan shellfish,

or unpasteurized raw shell eggs are offered alone or as an ingredient in other foods, and are either

raw or heated to a temperature below that required by this Code, written notice must be provided

to consumers of the increased risk of food borne illness from eating such raw or undercooked

foods.

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(1) The statement “Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs

may increase your risk of foodborne illness” must appear on menus, menu boards, brochures,

signage, food labels, table tents, or placards, with either:

(A) A description or identification of the specific foods being served raw or undercooked,

such as “oysters on the half shell (raw oysters),” or “raw-egg Caesar salad dressing,” as

applicable; or

(B) Noted by an asterisk or other mark next to the listed food item on a menu or menu board

with a footnote that references the statement in paragraph (1) of this subdivision.

(C) Prior to January 1, 2016, an establishment must warn of the increased risk for foodborne

illness when serving raw or undercooked foods. Such warning may be given orally and need not

be in writing.

1. Limitations on service. Raw or undercooked meat, eggs, fish or molluscan shellfish, either

alone, or as an ingredient in other menu items shall not be served in facilities that primarily serve

persons who may be at a higher risk for food borne illnesses. Such facilities include those serving

immunocompromised persons, senior centers, charitable feeding programs, custodial care

facilities, hospitals and health care facilities, as defined in Article 28 of the Public Health Law or

successor law; adult day care and assisted living programs; child care, children’s camps and preschool programs; and elementary and secondary schools.