§81.17. General requirements: design, construction, materials and maintenance.

1. Use of residential premises prohibited.

(1) No food service or non-retail food processing establishment permit shall be issued for, and

no food service or non-retail processing establishment shall be located in, a private home or

apartment.

(2) Food shall not be processed, prepared, packed or stored in a private home or apartment

except in accordance with §251-2-4 of the Agriculture and Markets Law and 1 NYCRR §276.4,

or successor provisions, and no part of any food service establishment shall be located in any

rooms used for dwelling or sleeping purposes.

1. Size of establishments and work areas.

(1) Size. Adequate space shall be provided for conduct of operations and to enable thorough,

regular cleaning, maintenance, and inspection of all areas of an establishment, including but not

limited to those used for food preparation, ware washing, storage, dining, and garbage and waste

holding and disposal.

(2) Work spaces. All work and storage areas shall have unobstructed aisles and working spaces

of sufficient width to permit employees to perform their duties readily and without contaminating

food or food-contact surfaces.

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(3) Dressing areas. Dressing and locker areas shall not be located in food preparation, storage or

ware washing areas.

1. Equipment, installation and maintenance. Materials used to construct or repair equipment

shall be of sufficient strength and thickness to withstand ordinary establishment usage and to

permit cleaning and sanitizing. Equipment shall be installed flush with and sealed to the floor, or

raised a minimum of six inches above the floor, or easily moveable to allow accessibility for

cleaning on all sides, above and underneath the equipment. All equipment shall be maintained in

working order.

2. Food contact surfaces. Food contact surfaces of utensils and equipment shall be constructed

of food grade materials, shall not be painted, and shall not contain lead, cadmium or any other

substance that is toxic or may react with food, cleaning or sanitizing materials to form harmful

compounds, or render food unwholesome or detrimental to health, and shall not impart any odor,

color or taste to food.

(1) Surfaces to be easily cleanable, sanitized and maintained. An establishment shall not use

equipment, utensils or containers that are chipped, cracked, rusted, corroded, worn or in a

condition where food and debris cannot be removed and such items cannot be easily cleaned and

sanitized. Surfaces that come into contact with food such as cutting blocks and boards that are

subject to scratching and scoring must be replaced or resurfaced if they can no longer be

effectively cleaned and sanitized. Food and other debris must be removed from such surfaces and

surfaces must be washed and sanitized as needed to prevent contamination.

(2) Food grade lubricants. Establishments shall use food grade lubricants approved by the

United States Food and Drug Administration to lubricate equipment. Such lubricants shall not

leak or contact food or food contact surfaces. An establishment shall select and use equipment

that requires only the use of simple tools for disassembly to encourage and facilitate cleaning and

sanitizing of equipment. Such tools shall include, but not be limited to, mallets, screwdrivers, and

open-end wrenches that are kept readily available near the equipment.

(3) Cleaned in place equipment. Equipment designed for in-place cleaning by the circulation or

flowing by mechanical means through a piping system shall be constructed so that cleaning and

sanitizing solutions circulate through an effective fixed system that allows such solutions to

contact all interior food-contact surfaces, and so that the system is self-draining or can be

completely evacuated.

(4) Cleaning and polishing food contact surfaces. No substance containing any cyanide

preparation shall be used for cleaning or polishing copper, nickel, silver, silver plated ware or any

utensils or appliances used in preparation or service of food. Cleaning and polishing formulations

shall be used in accordance with the manufacturer’s instructions so that such substances do not

contaminate food.

(5) Approved sanitizers. Only chemical sanitizers and antimicrobial agents approved by the

U.S. Environmental Protection Agency shall be used to clean food and food contact surfaces.

1. Non-food contact surfaces.

(1) Floors. Floors, floor coverings, and materials used to repair floors of food storage, food

preparation, utensil washing areas, walk-in refrigerating units, dressing rooms, locker rooms,

lavatories and rest rooms shall be constructed of a hard, smooth, durable, non-absorbent and

easily cleanable material and shall be kept clean, without cracks, holes or gaps or other

unintended openings at floor and wall junctions or around plumbing pipes and fixtures. Carpeting

is prohibited on floors in food preparation areas. Mats and duckboards shall be designed to be

removable and easily cleanable.

(2) Walls and ceilings. Walls, ceilings, doors, panels, windows, and other interior components

of rooms, and equipment such as walk-in refrigerators, and the materials used to repair such

components shall be smooth and non-absorbent, constructed of hard, impermeable, light colored

materials, and shall be easily cleanable, kept clean and without cracks, holes or gaps or other

unintended openings at floor, wall and ceiling junctions or around plumbing pipes and fixtures.

Exposed utility service lines and pipes shall be installed so they do not obstruct or prevent

cleaning of the floors, walls, or ceilings.

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(3) Equipment and fixtures. Equipment and fixtures, including but not limited to, light fixtures,

vent covers and hoods, fans, ducts, and decorative materials shall be easily cleanable, and kept

clean and in working order.

1. Transporting food. Vehicles and other conveyances used for the transportation of food by an

establishment shall be kept clean, sanitary, and free of pests, and shall have sufficient equipment

in operating condition to maintain temperatures required by this Code for holding potentially

hazardous foods.

2. Toxic materials and hazardous substances: restrictions, labeling and storage. Toxic

materials and other hazardous substances, as defined in Article 173 of this Code, must be used

only when required to maintain sanitary conditions and in accordance with label directions.

(1) Labels. Containers of such substances must be prominently labeled in accordance with

applicable law and substances applied and removed without creating any risk to the health of any

persons and without contaminating food, equipment, utensils and supplies.

(2) Storage. Toxic and hazardous materials are to be stored in designated storage areas in

which food, equipment and utensils are not stored. Bactericides and cleaning compounds shall

not be stored with insecticides, rodenticides or other toxic materials. Insecticides and

rodenticides are to be kept in their original containers.

(3) Toxic residues. Bactericides, cleaning compounds or other compounds used on food

contact surfaces must be rinsed and removed in accordance with label directions so as not to leave

any toxic residues.

(4) Phenolic compounds. Phenolic compounds may not be used for sanitizing food contact

surfaces.

(5) Medications. Medicinal first-aid supplies and medications must be kept in non-food

storage areas in a manner that does not create a risk of food contamination.