Lesson 1. Regulations and Inspections of the New York City Department of Health and Mental Hygiene

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1 Lesson 1 Regulations and Inspections of the New York City Department of Health and Mental Hygiene New York City Department of Health and Mental Hygiene The New York City Department of Health and Mental Hygiene has the jurisdiction to regulate all matters affecting health in the city and to perform all those functions and operations that relate to the health of the people of the city. The Health Code This is the set of regulations that were formulated to allow the Department of Health and Mental Hygiene to effectively protect the health of the population. Among the rules embodied in the Health Code is Article 81 that regulates the operations of food establishments for the purpose of preventing public health hazards. Division of Environmental Health The Division of Environmental Health is the Commission within the Department of Health and Mental Hygiene that oversees public health and works to eliminate the incidence of injury and illness caused by environmental factors. Bureau of Food Safety and Community Sanitation There are several offices and bureaus within this division, including the Bureau of Food Safety and Community Sanitation which is responsible for conducting inspections of food service and food processing establishments. These inspections are performed by Public Health Sanitarians.

2 What is Assessed during Inspections During food establishment inspections, public health sanitarians pay particular attention to the critical violations of the New York City Health Code. These include but are not limited to: Improper time and temperature controls Improper cooling Poor personal hygiene Employee illness Bare hand contact with ready-to-eat foods Rodent and other vermin activity Inadequate equipment and facilities Although it is impossible to predict how many times a food establishment may be inspected, generally one or two routine (cycle) inspections are conducted each year. The frequency of cyclical inspections depends on the complexity of a food establishment's business model. Each restaurant is assigned a specific risk category according to its menu, complex food processes and other public health risk factors. Inspections are unannounced except for pre-permit inspections, which are conducted prior to the opening of the food establishment and issuing of the permit. Routine cyclical inspections are designed to observe, evaluate and, ultimately, educate food establishment operators in various points of food handling, such as: Receiving Storage Preparation Cooking Hot-holding Cooling Reheating Service The criteria for issuing violations are based on the factors that contribute to food-borne illness (above). Each violation is assigned a point value; for example, one instance of food held at a potentially hazardous temperature (41 F F) during hot-holding results in a 7-point violation. Points increase depending on how severely a risk can affect public health. Violations are divided into two categories: Critical and General. A food establishment gets a failing grade when it accumulates 28 points in violations, and may be closed for:

3 Three consecutive failures Failure to correct public health hazards Operating without a permit Unsanitary conditions Obstructing/interfering with a health inspection. Violations of the Health Code may result in the issuance of a Notice of Violations returnable to the Administrative Tribunal, and may result in fines. All food service establishments in New York City must comply with the New York City Health Code, New York State Sanitary Code, and other applicable laws. One of the primary responsibilities of a food service establishment is to obtain and maintain a current and valid permit issued by the New York City Health Department. The permit must be conspicuously displayed in a public area of the establishment. Failure to obtain a permit results in the immediate closure of the establishment. Health inspectors enforce the city Health Code and perform various types of inspections, including: Routine cycle inspections Compliance inspections Final inspections Inspections in response to complaints Supervisory, follow-up inspections Smoking inspections (both routine and complaint-driven) Permit surveys Water emergency-related inspections City health inspectors must be given access to all areas of the food establishment during an inspection. Any obstruction or interference with the duties of an inspector while performing his/her duties may result in stiff fines or closing of the establishment, or both, as well as revocation of its permit. Health inspectors carry both a badge and a photo identification, which food establishment staff has a right to see on request. Inspectors employment may also be verified by calling the Bureau of Food Safety and Community Sanitation at (212) /01. Inspectors are not authorized to conduct any money transactions on behalf of the Department of Health (e.g., collecting permit fees or fines etc.) The offer of a bribe, gratuity or reward for official misconduct is a crime, and aside from criminal liability, may also result in the revocation of the establishment's permit.

4 Any food service establishment can be closed by the Commissioner of Health when it is deemed necessary to protect public health, such as in cases of: An inability or unwillingness to correct an imminent public health hazard (e.g., sewage in food areas, vermin infestation, inadequate facilities to maintain proper food temperatures, etc.) No permit or an expired permit Repeat violations of the Health Code (failing three consecutive inspections) Obstruction of, or interference with, the duties of a Health Inspector

5 Anti-Corruption Warning All Inspectors have Department of Health and Mental Hygiene badges and identification cards that they must display whenever it is requested of them. It is illegal to offer an Inspector a bribe, gratuity or reward for official misconduct. Doing so can result in fines and the revocation of permits. Inspectors are not authorized to conduct any monetary transactions on behalf of the Department of Health. Inspector General This office within the Department of Health has the responsibility of investigating any incidence of alleged corrupt activity. Investigations are conducted as a result of complaints made by employees of the Department or members of the public. The Course This course is required by the Health Code for supervisors of food service establishments and non-retail food processing establishments. Individuals must take the course and pass an examination before certification is issued. A person holding such a certificate must be on the premises and supervise all food preparation activities during all hours of operation. Several supervisors with this certification may be needed at an establishment to have coverage during all shifts, vacations or illnesses. The Food Protection Manual has been designed to assist participants taking the course to better understand the principles of safe food handling, and as a reference for food service operators; it also includes the necessary information to pass the final examination.