§ 1352. Food places; sanitary requirements. 1. A person or corporation
engaged in the preparation and sale of food in any hotel, public
restaurant, public dining room, dining car, drug store, soda fountain,
steamboat or in any other place where food is prepared, sold or served
for and to the general public in this state, or an officer of any
public, penal or charitable institution in this state, shall not use in
the preparation or service of any food utensils, dishes, glasses or
other containers which have not been previously cleansed and made
sanitary. In such cleansing the use of water which has become unsanitary
by previous use is prohibited.

2. It shall be unlawful to furnish or serve in any public eating or
drinking establishment, any straw, tube or similar device for drinking
out of glasses, cups or containers of any type unless such straw, tube
or similar device conforms to and is furnished or served in accordance
with the following requirements: When offered for use, it shall be
completely enclosed in an impervious or a bactericidal wrapper to be
opened by the ultimate user; if unwrapped it may be used if it is kept
in an approved sanitary dispenser loaded from the original package
without handling, which dispenses one such straw, tube or device at a
time directly to the user and which is so constructed that the interior
may be cleaned and kept in a sanitary condition; unused loose straws,
tubes or devices already dispensed from the dispensing container shall
not be used again. No single-service paper containers, paper cups, paper
spoons, paper forks or paper plates shall be used a second time.

3. The commissioner shall require in food service establishments, as
defined in the state sanitary code, for foods to be conveyed to the
consumer uncooked and for foods handled after being cooked but prior to
being conveyed to the consumer, that such food not come into direct
manual contact with persons responsible for preparing or serving the
food. Sanitary gloves, sanitary utensils or other effective barriers
shall be utilized to avoid manual contact in the preparation and
conveyance of these foods to the consumer. In preparing regulations
pursuant to this subdivision, the commissioner may provide for an
alternate standard that would permit minimal manual contact based upon
finding that such alternate standard would protect worker safety and not
compromise consumer health. In preparing regulations the commissioner
shall consult with representatives of the food service industry,
including workers in the industry.

4. To the extent that funds are available for the purposes set forth
in this subdivision, the commissioner shall require that the following
food service establishments: restaurants, bars, membership
organizations, fraternal organizations, and private clubs, excepting
establishments licensed pursuant to section sixty-four-a of the
alcoholic beverage control law, that are not regulated by the department
of agriculture and markets, at all times have in their employment at
least one individual who has been trained and certified by an
organization, approved by the commissioner, which specializes in and
provides instruction concerning the safe and proper handling,
preparation, cooking, storage, serving, delivery, removal and disposal
of food. Attendance at any course established pursuant to this section
shall be in person, through distance learning methods, or through an
Internet based online program. Such training shall meet the standards
set forth by the commissioner pursuant to section thirteen hundred
fifty-five of this title, either: (a) pursuant to a program approved by
the commissioner under such section, or (b) pursuant to a course that
shall address but not be limited to the following topics:

(i) Contamination, food allergies and foodborne illness.

(ii) Purchasing and receiving safe food.

(iii) Keeping food safe in storage.

(iv) Protecting food during preparation.

(v) Protecting food during service.

(vi) Sanitary facilities and equipment.

(vii) Cleaning and sanitizing.

(viii) Integrated pest management.

(ix) Food-safety regulations and standards.

(x) Employee food-safety training.

The commissioner shall allow a licensee a period of up to thirty days
to come into compliance with this subdivision where an employee who has
been certified as having completed the approved food safety training
program separates from his or her place of employment.