As noted in my October 2011 newsletter, The New York City Department of Health proposed a significant amendment to the New York City Health Code in an effort to clarify what is required of restaurant owners. That amendment was opened for public comment on October 27, 2011 and on December 13, 2011 was voted on and approved by the Department of Health. Three people testified and 12 comments were submitted on October 27th, and in response several changes were made to the earlier proposal. Considerable testimony came from Andrew Rigie of the New York State Restaurant Association.
The new rules will be effective on January 20, 2012. However, there is no indication within the Amendment as to how previously charged violations will be handled. In other words, if you were cited for a violation(s) in December or into January 2012, it is unclear as to whether OATH will be permitted to uphold violations where the section cited, has been repealed or heavily modified.
If you would like a copy of the complete Amendment please send me an email and I will forward you a PDF version of same.
Attorney James D. DiPasquale
DIPASQUALE LAW GROUP