Food Protection Information

Stay Tuned!!!

Basic Food Safety Classes to resume soon!

The NYSDOH categorizes permitted food service establishments based upon foods and population served (risk assessment) and prioritize inspections focusing on items that could potentially contribute to foodborne illness.

Examples of the three categories of risk assessment are:

• Low (bars, taverns, retail donut shops, some temporary food operations and coffee shops).
• Medium (fast food restaurants, submarine shops, pizza parlors, some retail bakeries, some mobile food establishments and short-order breakfast and lunch establishments).
• High (Those which prepare roasted meats, sauces, gravies, casseroles, potentially hazardous baked goods and foods which contain meat, fish, poultry, dairy products, eggs or shellfish).

Public Health Sanitarians and Technicians inspect all establishments.

New York State has a standardization program to ensure all food service operators are receiving similar inspections, all violations are being observed and are correctly written, and the inspectors are performing consistently throughout the state.

Food is any edible substance, ice, beverage or any ingredient used or intended for human consumption. It is important to insure the safety of food whether in a public establishment or an individual’s home. Foodborne illness can be preventable with proper food handling procedures. Education and compliance is the key to obtaining these goals.

Regarding food service establishments, the public may lodge complaints by contacting the office at (716) 439–7444 or email us at nchealth@niagaracounty.gov

The department will investigate all complaints according to NYSDOH code. These complaints must be of public health significance or nature.

This section is intended for people currently in or are planning to enter the food service industry. Food service  establishments are required to be permitted by the Niagara County Department of Health in accordance with the Niagara County Sanitary Code. This code references Chapter 1 of the NYS Sanitary Code Subpart 14-1. Food service establishments prepare food intended for individual portion service and include the site at which the individual portions are provided, whether consumption occurs on or off the premises. Permits are also required of temporary food service establishments, mobile food service establishments and food carts. For example this includes food prepared by or at fairs, carnivals, private caterers, bakers and numerous other special events. Establishments serving frozen desserts, frozen drinks or slushies are also required to apply for a frozen dessert permit. Certain food vending operations are also required to be permitted.  For further information on a particular permit refer to the specific permit listed on this site.

All new and remodeled food service establishments are required to submit plans for review and approval prior to construction. An application with fee and an inspection are necessary to obtain a permit and operate a food service establishment in Niagara County. These applications and more information can be obtained by contacting the office at (716) 439-7444.

Food service establishments are required by code to notify the department when a patron has contacted them regarding a possible foodborne illness.

A copy of the NYS Sanitary Code Chapter 1, Subpart 14.1 can be found under

Resources> Codes & Regulations

1. An accurate probe-type thermometer having a dial face marked from 0°F to 220°F with every 2° graduation is required to monitor food temperatures. Digital thermometers, having the same temperature range, are also allowed.
2. Cold hold for potentially hazardous food is 45°F or colder.
3. Hot hold for potentially hazardous food is 140°F or warmer.
4. All reheated foods must be brought to a temperature of 165°F or warmer before serving.
5. Leftovers are to be discarded or cooled properly. Proper cooling choices are to cool using an ice bath or to place food in containers at a depth of 2 to 4 inches. The requirement requires the chilling from 120°F to 70°F in 2 hours or less and from 70° F to 45° F in 4 hours or less. Vent, or do not cover food, until cool (equal to or below 45°).
6. Hand barriers (gloves, deli paper, and utensils) are needed for ready to eat food. Manual contact of food is prohibited unless food will receive further heat treatment.
7. Raw fruits and vegetables must be washed before use.
8. All food contact surfaces must be smooth and easily cleanable.
9. Refrigerators need to be cold (45°F or below) before placing food inside. Ice chests need to be left unplugged so melted water can continually drain. Ice chests can maintain excellent food temperatures with adequate ice.
10. Shellfish must come from an approved source and the tags must be held for 90 days.
11. Food needs to be protected at all times. Displayed food needs to be protected from the public by a sneeze guard, individually wrapped or some other acceptable method. During outdoor events, a large umbrella, tent or canopy should be used to protect food. Food or food service items cannot be stored directly on the ground or floor.
12. Transportation of all food needs to be suitable to prevent any contamination and maintain adequate food temperatures.
13. Store wiping cloths in sanitizing solution. Using approximately one half teaspoon of bleach per gallon of water should be sufficient to sanitize surfaces.
14. A 3-bay sink or bin set-up is required to wash, rinse and sanitize dishes and utensils after use.
15. Home canned or home-prepared foods are not allowed.
16. Hair needs to be properly restrained.
17. Mobile units must empty holding tanks and fill with fresh potable water from an approved source prior to an event. An adequate supply of water is required. Only use food grade hoses with a backflow preventor when using a spigot as a water source.
18. Properly handle and dispose of all waste. Do not create standing water. Wastewater must be disposed of in a sanitary sewage system.

The Niagara County Department of Health maintains a foodborne disease surveillance program. The department investigates all complaint/reports of foodborne illness in accordance with standard protocols established by the New York State Department of Health (NYSDOH).

Prompt notification by the public is vital to be able to obtain stool or vomitus samples. Samples and symptoms are used to determine pathogens. Unfortunately notification often comes after symptoms have passed and no samples can be obtained. Some common symptoms of foodborne illness are nausea, vomiting, abdominal cramps and diarrhea. There are many possible symptoms, causes and time frames involved. A thorough investigation for a determination is needed and cooperation from the public is greatly appreciated.

If a person believes that a foodborne illness event is occurring, please call the Niagara County Department of Health at (716) 439-7444 immediately.

Frozen desserts are any frozen product that is made and stored in the same machine and dispensed from this machine. Examples are soft-serve ice cream, soft-serve frozen custard, ice milk, fruit sherbet, non-fruit sherbet, water ices, slushies, frozen yogurt, freezer made milk shakes, whipped cream confections and dietary frozen dessert. Frozen desserts also include any mix used in making such frozen desserts and any products that are similar in appearance, odor, or taste to such products or are prepared or frozen as frozen desserts are customarily prepared, whether made with dairy products or non-dairy products. Any operation producing chips or flakes of ice made from water with or without additives, served to the consumer with or without flavoring added by the operator or consumer, is included as a retail frozen dessert within this definition. These operations are commonly referred to as slush or snow-cone operations.).

To obtain a frozen dessert application or for more information please call the Niagara County Department of Health at (716) 439-7444

High-risk establishments may also receive a HACCP (Hazard Analysis Critical Control Point) based inspection once a year. The process sets specific control factors through the entire production process for a particular food, with monitoring points to ensure that the food is safe at the end of production and service. This is geared toward education and foodborne disease prevention. Either a HACCP or typical food service inspection is required by NYSDOH in addition to the annual inspection for permit in high-risk establishments.

A mobile food service establishment is a self-contained food service operation, located in a vehicle or a movable stand, self- or otherwise propelled, used to store, prepare, display or serve food intended for individual portion service. A pushcart is a cart or barrow, manually propelled and used to vend food intended for individual portion service. For some helpful guidelines please refer to the temporary food service reminder section. All mobile food service establishments and food carts are required to have a permit from Niagara County Department of Health.

Potentially hazardous food is any food that consists in whole or in part of milk or milk products, rice or other ingredients, including synthetic ingredients, in a form capable of supporting:

• the rapid and progressive growth of infectious or toxigenic microorganisms:
• the slower growth of C. botulinum. The term does not include foods with a water activity (Aw) value of 0.85 or less, or a hydrogen ion concentration (pH) level of 4.6 or below.

Potentially hazardous foods must be held at or below 45°F or equal to or above 140°F.

1. Cook ground meats to a minimum of 158°F
2. Cook poultry to an internal temp of 165°F
3. Cook roast beef to a minimum of 130°F on first day only
4. Cook pork to a minimum of 150°F
5. Cook eggs to a minimum of 145°F
6. All other foods cook to a minimum of 140°F
7. All reheated foods need to be cooked to a minimum of 165°F
8. All cold foods must be held at 45°F or below.

There are preventative measures operators serving food to the public can take to reduce the risk of creating or spreading foodborne hazards. Food can be a vehicle for the spread of biological or chemical agents as part of a terrorist attack.
 
Information can be found regarding food safety and bioterrorism at the gateway website at www.foodsafety.gov or call 1 (888) SAFEFOOD.

It is very important to completely thaw a frozen turkey before cooking.  A turkey should never be thawed at room temperature.  Wash your hands before any food preparation.  

Thawing a Turkey:

• Best Method:  On a plate under refrigeration – which can take over 3 days (5 hours per pound).
• Alternative Method:  Place the turkey in a large pot in the kitchen sink and continuously run water cooler than 70°F over the bird. The turkey needs to be totally submerged in the water and the sink drain cannot be plugged, so excess water, as it runs over the side of the pot, goes down the drain.

Note:  Stuffing turkeys is not recommended due to concern of bacteria. 

Immediately upon thawing:

1. Place turkey in preheated oven.
2. Sanitize all surfaces that the turkey might have come in contact with during any of the preparation.  Putting ½ teaspoon bleach in one-gallon water will create a sanitizing solution.  Be sure to wash and sanitize your hands as well. 
3. Cook the turkey until temperature in deepest part is 165°F minimum. Do not touch bone with thermometer as the temperature reading may become inaccurate. The recommended type of thermometer to use is a dial faced, probe type thermometer that has delineation for every 2°F. The temperature range should go from 0°F to 220°F on the face. In this way, both cold and hot food temperatures can be monitored. These types of thermometers can be found at a relatively low cost usually at your local grocery or discount store.
4. Foods being held for service should be maintained at or above 140°F.

Note:  If you stuffed the turkey anyway, once turkey is cooked & over the minimum temperature requirement, all of the stuffing needs to be removed immediately upon taking the turkey from the oven. 

Leftovers:

Do not leave food sitting on counter, it must be refrigerated within two hours of cooking.  Food should not be stored in a container deeper than 4" & should be left uncovered until the food is cold, but must be refrigerated within two hours of first serving.       

Leftovers should be reheated to a minimum of 165°F.

A temporary food service establishment is a place where food is prepared or handled and sTemporary Food Establishmenterved to the public, with or without charge and which operates at a fixed location in conjunction with a single event or celebration of not more than 14 days duration. All such establishments are required to obtain a Niagara County Department of Health Permit to operate in Niagara County. Please mention, when calling the office, if there is intent to participate in more than two events in this county during the year. 

To request an application or receive more information, please call the Niagara County Department of Health at (716) 439-7444. or download the application here. 

Temporary Food Service Check List
(You are responsible to meet all conditions of NY Sanitary Code, 14-2)

Temporary food service is typically a single event by a local organization (not using a push cart or trailer) to raise funds by selling a variety of foods as well as simple food and drink such as hot dogs, prepackaged snacks, pop, etc.
Umbrella
The following items are basic requirements for safe food service to the public.

1.     Must have a safe cooking apparatus.

2.    Must have a covered food preparation area.   (Umbrella, Pop-Up Tent, etc.)

3.    Must have insulated containers to keep food cold (less than 45°f) or hot (greater than 140°f). Suggest   ice chests have thermometers to make sure food is kept below 45f.Thernoneter

4.    Must have accurate food testing thermometer.  (0 to 220°f) 

5.    Must cook to proper temperature. you do not have to check every cooked item. check  occasionally to confirm you are reaching the minimum temperatures.  (Cook hot dogs to 140°F, hamburgers to 158°F, everything else is safe at 165°F)

6.    Must have head coverings.  (hair nets, caps, etc.)

7.    Must have gloves, tongs, etc. to handle food.  (if it goes into the mouth you cannot touch it.        bread, buns, ice, etc.  must be handled with gloves, etc.)

8.    Sponges are not recommended. (Outside it is acceptable to have vertical pole stands to hold a paper towel roll.)

9.    Hand wash facility.  (When outside, a multi gallon container with a spigot and catch bucket is ok.)

10.    Must have proper sanitizing solution, know how to use it, and have test strips. (The sanitizer is not the soap solution for washing debris. the sanitizer is to drop the bacterial count on surfaces that are already clean to minimize the chance of someone getting sick. )

11.    Must have a 3-bay set-up big enough for utensils used. (when outside you can use 3 five (5) gallon buckets to wash w/soap, rinse w/water, sanitize w/bleach or quat).   A separate bucket w/cloth or spray bottle is to be used for sanitizing surfaces.

12.    Single serve items (paper plates, etc.) must be in dispensers (original packaging is ok).

13.    All utensils must be stored facing in the same direction (to touch handles only).

14.    Drinks and food items must be adequately drained when stored in ice.


Sanitizing Solutions (Either type is acceptable)

Be sure to get the proper test strips for each type of sanitizer.

Chlorine (liquid chlorine bleach added to water or powder dissolved in water)

3 Bay Sink 50 - 100 PPM chlorine (Soak for 1 minute and air dry – do not wipe dry)

Cloth Wipe Buckets (or spray bottle) 100 PPM chlorine (½ tablespoon of household bleach to 1 gallon of water is approx. 100 PPM chlorine, check with strips)

Soft Serve Custard Machine Cleaning 200 PPM chlorine
QUAT or QAC (quaternary ammonium compounds - liquid or powder added to water)

3 Bay Sink 200 PPM quat (Soak for 1 minute and air dry – do not wipe dry)

Cloth Wipe Buckets (or spray bottle) 200 PPM quat

Soft Serve Custard Machine Cleaning 400 PPM quat
Proper (minimum) cooking temperatures

1.    Rare Roast Beef Steak and Beef Steak (single slab, no penetrations) 130 F

2.    Precooked Commercially Prepared Potentially Hazardous Foods and Potentially Hazardous Foods Not On This List 140 F

3.    Shell Eggs and Egg Containing Foods 145 F

4.    Pork 150 F    

5.    Ground Meat 158 F

6.    Poultry, Poultry Stuffing, Stuffed Meats and Stuffing Containing Poultry 165 F

A vending machine is a self-service device which when activated dispenses unit servings of food or beverage without requiring replenishing between each vending operation.  Vending machines requiring permit in Niagara County are those dispensing perishable or potentially hazardous foods such as refrigerated foods, pastry, milk, ice cream, open cup dispensed hot or cold beverages, hot canned foods, snack with perishable foods or water vending. A food vending machine commissary is a place where food, containers or supplies are processed or packaged and prepared for use in food vending machines. A food vending operation is the place where food vending machines are located and includes the food vending machine servicing equipment, utensils, personnel, single service articles, tables, chairs, that part of the premises used in connection with the food vending operation and all other appurtenances required and used to operate and maintain the food vending machine.

For an application or more information call (716) 439-7444