§ 214-f. Temperature requirements for manufacture, transportation and
storage of certain foods. For the purpose of controlling and preventing
the outbreak of deadly or dangerous human diseases such as botulism and
salmonellosis, and to prevent economic and nutritional loss to
consumers, the commissioner is hereby authorized to require any person,
who manufactures, cans, bottles, sells, offers for sale, transports or
stores any food which is considered a low-acid food or one which if
improperly handled could tend to contain a potential health hazard or
any food which if stored, transported or held under improper conditions
of freezing or refrigeration would result in economic or nutritional
loss to consumers, to manufacture, cook, pack, store or display for sale
such foods in the manner prescribed by the commissioner in rules and
regulations promulgated following a public hearing and after
consultation with the state department of health except that no public
hearing will be required if the commissioner adopts or amends such
regulations to conform with appropriate rules and regulations, similar
thereto, which have been adopted by the federal government. The
provisions of this section and the regulations promulgated thereunder
shall not apply to service food establishments under permit and
inspection by the state department of health or by a local health agency
which maintains a program certified and approved by the state
commissioner of health.