Foodservice and edible product service is allowed at Kitch as long as the product is from a licensed facility. This policy sets forth the prerequisites for compliant foodservice in the Kitch kitchen rental space:

Special Events

Catered event: all catered events shall be executed by a licensed catering or restaurant establishment. A catered event is a one-time or limited time event that typically does not exceed 3 days. Guests at a catered event are invited; the event is either ticketed or not open to the public.

· From NYC:

o If the catering or restaurant establishment is from or operates in one of the 5 boroughs of New York City, then that establishment shall have a current valid Food Service Establishment permit in the category of either H25 or H26 issued by New York City Dept of Health & Mental Hygiene. See Exhibit ‘A’ for an example of the FSE permit.

§ A person with a Qualifying Certificate in Food Protection (issued by NYC Dept of Health & Mental Hygiene) shall supervise and accompany the team from the licensed catering or restaurant establishment. The Certificate does not expire and bears a photo of the person. See Exhibit ‘B’ for an example of the card.

o The establishment shall conform to or exceed the standards set forth in the “Safe Transportation of Food” section of this policy.

· Outside NYC but within New York State:

o If the catering or restaurant establishment is from or operates outside New York City, then that establishment shall have a current valid permit from the Health Department or governing food safety authority in that City or County. At times, New York State may issue a qualifying permit. Regardless, the permit shall not have expired and shall bear the address of the establishment from where the food originates.

§ The permit or license shall be verified with the issuing authority, or may be verified by calling NYC Dept of Health at 646-632-6001 during normal business hours.

§ A ServSafe certificate holder shall supervise or accompany the team from the establishment outside of New York City. ServSafe certificates have a two year term and must be renewed; they do not bear a photo of the certificate holder. Exhibit ‘C’ is an example of a ServSafe certificate.

o The establishment shall conform to or exceed the standards set forth in the “Safe Transportation of Food” section of this policy.

· Outside New York State:

o If the catering or restaurant establishment is from or operates outside New York State (e.g. if they’re from New Jersey, Pennsylvania, Connecticut, etc), then that establishment shall have a current valid permit from the governing food safety authority in there City, County, or State of origin.

o The establishment shall also be registered with the FDA as a catering facility to allow the interstate shipment of foods.

§ A ServSafe certificate holder shall supervise or accompany the team from the establishment outside of New York City. ServSafe certificates have a two year term and must be renewed; they do not bear a photo of the certificate holder. Exhibit ‘C’ is an example of a ServSafe certificate.

o The establishment shall conform to or exceed the standards set forth in the “Safe Transportation of Food” section of this policy.

Pop-up Event (aka Temporary Event): a pop-up event is open to the public and associated with the promotion of a holiday, a food, a culture, or a celebrity. Guests at a Pop-up event stroll in, although the event can be ticketed. Food is sold or given away free of charge. The event can be indoors, outdoors, or both (the Exhibit ‘D’ contemplates outdoor events). There are two criteria for licensing at pop-ups:

· From NYC:

o If the catering or restaurant establishment operates within the 5 boroughs, the team can bring a copy of the establishment’s current valid Food Service Establishment permit in the category of either H25 or H26 issued by New York City Dept of Health & Mental Hygiene. See Exhibit ‘A’ for an example of the FSE permit.

§ A person with a Qualifying Certificate in Food Protection (issued by NYC Dept of Health & Mental Hygiene) shall supervise and accompany the team from the licensed catering or restaurant establishment. The Certificate does not expire and bears a photo of the person. See Exhibit ‘B’ for an example of the card.

o The establishment shall conform to or exceed the standards set forth in the “Safe Transportation of Food” section of this policy.

o Important! Limitations:

§ the pop-up event can run continuously if it runs for 3 or fewer days per week… or…

§ the pop-up event can run for a maximum of 14 continuous days and then cease operation.

o This is an either/or proposition: either multiple weeks at 3 days or less per week *or* two weeks of continuous operation. There’s no middle ground here.

· Outside NYC (in or out of New York State):

o An H15 Temporary Food Service Establishment permit would need to be obtained by the catering or restaurant establishment. See Exhibit ‘D’ for required documents and forms.

Food Protection, Holding, and Serving

General Temperatures:

· All cold potentially hazardous food (e.g. sliced tomatoes, sliced melons, raw meats) shall be held at or below 410F (50C) inside ice or refrigeration until the food is served.

· All hot potentially hazardous food (e.g. cooked meats, cooked vegetables, cooked rice) shall be held at or above 1400F (600C) until it is ready to be served.

· Proper cooling takes product from 1400F (600C ) to 700F (210C) within 2 hours and from 700F to 410F (50C) or colder within an addition 4 hours. That is six hours of total rapid cooling time.

· Previously cooked & cooled food shall be reheated to at least 1650F for 15 seconds and then served.

· Shelf stable products, such as baked goods including breads, brownies, cookies, etc, do not require temperature control. However, baked goods such as focaccia bread with cooked vegetables incorporated, will require temperature control.

· If not temperature control is available,

· Use “Time as a Public Health Control” (TAPHC) labeling for foods which will not be temperature-controlled after leaving the catering or restaurant establishment before arriving at Kitch. Each TAPHC label must have the following information on it:

o Today’s date

o Name of food

o Time removed from hot holding or time removed from cold holding

o Initial temperature when removed from hold holding (at or above 1400 F [600 C]) or from cold holding (at or below 410 F [50 C])

o Discard time which is the Time Removed plus 4 (four) hours. At the Discard time, the food must have either been consumed or discarded to avoid potential bacterial proliferation which could cause foodborne illness

General Food Protection During Transportation

1. Maintain the temperature of refrigerated foods:

· Keep frozen foods, such as fish and any or all dishes containing fish, aquatic animals, shellfish, or other seafood, frozen during transportation.

a. Maintain an ice bath in the refrigerated truck for transporting frozen foods. Do not rely only on the temperature of truck or transportation refrigeration to maintain frozen foods.

2. Use only food carriers for transporting food approved by the National Sanitation Foundation International or that have otherwise been approved by the state or local health department.

3. Prepare the food carrier before use:

· Rigid and sectioned so that foods do not mix

· Tightly closed to retain the proper food temperature

· Nonporous to avoid leakage

· Easy-to-clean or disposable

· Approved to hold food (e.g. no leaching of chemicals or imparting of flavors)

4. Place food containers in food carriers and transport the food in clean vehicles

5. Deliver beautiful product to Kitch!

Exhibit ‘A’: example of NYC Dept of Health-issued Food Service Establishment permit

Exhibit ‘B’: example of NYC Qualifying Certificate in Food Protection

Exhibit ‘C’: example of ServSafe Certificate

Exhibit ‘D’: Temporary Food Service Establishment Permits Guidelines

1. Permit/Documentation

a) H15 Temporary food establishment (TFSE) permits are valid for up to 1 year. They are issued for:

i. Events with a one-time continuous duration of 14 days or less

ii. Recurring events that never run longer than 3 days per week at the same location

b) Vendors setting up at the beginning of the day should ensure that the permit (receipt) is displayed in the stand and is visible to the public.

i. A permit (receipt) is ONLY good for one stand. You cannot use the same permit (receipt) at multiple stands (outdoors)

ii. This rule also applies to those vendors that will be using their restaurant permits. A restaurant permit is ONLY good for one stand (outdoors)

b) Permit Exceptions:

A food service establishment (FSE) with a current, valid permit from the Health Department can operate one stand without a separate temporary food service establishment (TFSE) permit, but if there is more than one stand then a TFSE permit is required for all the other stands. A copy of the FSE permit must be available for inspection at all times.

c) A mobile food vending unit with a valid mobile food vending permit decal from the Health Department can operate in accordance with its permit, as long as the event sponsor approves and the permit is valid in the borough where the event takes place.

2. Food Protection Certificate (FPC)

a) At least one supervisor of food operations at each stand must possess a Food Protection Certificate issued by the NYC Health Department and have the certificate available for inspection during all times of operation.

b) A valid NYC Health Department mobile food vending license is acceptable as proof of

food protection certification.

c) FPC Exceptions (Outdoors)

A food operation serving only non- potentially hazardous, commercially pre-packaged foods (e.g. bottled water, canned beverages, bags of potato chips, packaged cookies) may:

i. Operate without a Food Protection Certificate holder present, but only after receiving a modification from the Health Department. However, the food operation still must have a TFSE or other acceptable permit.

ii. Food protection certifications from other government jurisdictions and or certifying organizations (e.g. ServSafe) may be acceptable. TFSE permittees must contact the TFSE Inspection Program for approval.

d) For a modification or alternate FPC approval you may contact the NYC Dept of Health TFSE unit at (646) 632-6203 or email to TempFoods@health.nyc.gov.

3. Food Workers/Vendors (General)

Supervisors of food operation shall follow all food safety guidelines and ensure that all food workers/vendors

a) MUST wear caps, hats, hair nets or other hair coverings to effectively keep their hair from having contact with exposed food or food contact surfaces, and clean equipment or utensils that have contact with food.

b) CAN NOT smoke within food stands, food prep and storage areas.

c) MUST wash their hands before returning to work after smoking and/or using the restrooms.

d) NO food workers/vendors shall work or shall be knowingly or negligently permitted to work in a food service establishment while afflicted with a boil or infected wound and unless he or she is free from acute, infectious diseases

e) Supervisor of food operation MUST have their FPC certificates/equivalent with them at all times during operation.

f) Food workers/vendors SHALL wear clean, washable outer garments when starting work and shall replace such garments with clean clothing as often as necessary thereafter to prevent contamination of food or food contact surfaces from soiled or contaminated clothing.

5. Shellfish and raw fish Waivers (Outdoors)

a) Shellfish and raw fish waivers should be submitted at least 30 days in advance to guarantee processing and approval in time for the event. Vendors having submitted less than 30 days in advance and not having the approved waiver at the time of the event will not be allowed to operate.

6. Hand washing (General)

a) Wash your hands before starting work, and each time after contamination including coughing, sneezing or handling unclean items.

b) Acceptable handwash facilities must be provided as follows:

i. Prepackaged moist towelettes (containing alcohol as a base ingredient) may be used to cleanse hands in non-processing establishments.

ii. A gravity sink set-up (potable water in a jug/container with a spigot or tap and a bucket below it to collect the waste water) is required at all other stands

iii. A portable handwash sink for stands that are preparing raw meats or doing extensive food preparation

iv. Examples of extensive food preparation include but are not limited to:

1) cutting up, seasoning and cooking raw chicken;

2) forming and seasoning hamburger patties from raw meat;

3) cutting/slicing/chopping vegetables that will not be cooked – salads)

c) Wash your hands with soap and water after using the toilet.

7. Food Protection and Storage (Indoors or Outdoors)

a) Have a qualified supervisor for your establishment.

b) Do not sell shellfish or raw fish unless you obtain a waiver from the NYC Department of Health and Mental Hygiene.

c) Never allow bare hands to come in contact with food that will not be cooked. Use clean sanitized utensils, deli paper, disposable gloves, etc.

d) Keep all foods covered or otherwise protected from outside contamination. Keep all food service equipment, utensils, and paper goods similarly protected from outside contamination.

e) Barriers and sneeze guards shall be positioned so as to prevent potential contamination.

f) Never store raw foods, especially poultry and meats above raw or uncooked foods, or sanitized equipment, or in a manner that will contaminate other foods.

g) Packaged food is not to be stored in contact with water or undrained ice. Use a mechanical refrigerator or dry ice. Wrapped sandwiches are not to be stored in direct contact with ice.

h) Use only single service dishes and utensils for service to patrons. Handle single service eating utensils in a manner that prevents contamination of surfaces that come into contact with foods.

i) Store all food, food service equipment, utensils, and paper goods at least six inches off the ground at all times.

j) Sanitize all food contact surfaces and equipment. Chemical sanitization solution may be prepared by mixing one tablespoon of bleach with each gallon of cool, potable water. Do not add soap or detergent to the water because they reduce the effectiveness of the solution. Rinse wiping cloths frequently in the sanitizing solution.

8. Food Preparation and Cooking Temperatures (indoors or outdoors)

a) Prepare foods as close to transport or service time as possible.

b) Cook poultry to at least 165F (73.9C).

c) Cook pork or any food containing pork to at least 150F (65.6C).

d) Cook rare beef to at least 130F (54.4C).

e) Cook all other foods (except eggs) to at least 140F (60C).

f) Cook shell eggs or foods containing shell eggs to at least 145F (62.8C).

g) Reheat potentially hazardous hot foods to at least 165F (73.9C).

h) Stir with sanitized utensils.

9. Hot /Cold Holding (Indoors or Outdoors)

a) Do not use steam tables or other hot holding devices to reheat foods. Use them only for hot holding of foods.

b) Maintain all potentially hazardous hot foods at 135F or above.

c) Maintain all potentially hazardous cold foods at 41F or below.

d) Use an appropriately scaled metal stem or thermocouple thermometer to evaluate food temperatures during holding, cooking, storing and reheating.

10. Structures and Equipment (Indoors or Outdoors)

a) Ensure that the walls, base, floor and food contact surfaces are of sanitary construction, and made of non-rusting metals. Surfaces must be waterproof, smooth, readily cleanable and resistant to dents and scratches.

b) Provide proper waste receptacles. All waste receptacles must be vermin-proof and provided with tight-fitting lids.

c) Enclose or guard cooking and serving surfaces to provide protection against air-borne contamination.

d) Prevent accidental injury by contact with cooking devices. Shield cooking devices against possible contact with patrons.

e) Properly secure propane tanks. Tanks must be in an upright (vertical) position and provided with a base plate anchor as security against accidental toppling. The connection from fuel tank to burner must be of either a rigid metal tube or an approved, flexible metal tube; connections at fuel tanks and burners must be free of leaks.

11. Water Requirements (Indoors or Outdoors)

a) Each temporary food service establishment shall be provided with sufficient potable hot and cold water from sources approved by the Department for food preparation, cleaning equipment and hand washing.

b) The sponsor shall arrange for daily storage and disposal of waste water generated by each temporary food service establishment at an event in a manner that does not create a nuisance. Waste water storage containers shall be enclosed and leak-proof.

C) Temporary food service establishments shall maintain waste water storage tanks and pipes designed in a manner that does not result in leaks or spills on sidewalks or public streets. Drains for waste water from sinks, refrigeration, other holding units, and cooking equipment shall be designed and installed so as to prevent backflow from waste water storage tanks into potable water supplies.

12. Facility Maintenance (Indoors or Outdoors)

a) All food items must be protected from potential contamination. Appropriate sneeze guards should be implemented at the beginning of the event (for example, food items should be observed on display with appropriate sneeze guards or food protection [e.g. wrappers]).

b) Do not leave food items on the sidewalk. All food items must be placed within the stands in vermin proof containers and refrigerated units.

c) Make sure that all refrigerated units are padlocked at the end of the day and are not accessible to the public.

d) Discard all unused and/or old food items at the end of the day. Do not leave old food items open and exposed in the stand to avoid attracting vermin.

e) All food stands must be properly secured at the end of the day. Ensure food items are not accessible to potential contamination and interference from the public/passerby.

f) Discard used and soiled containers (such as aluminum trays) with left-over food; they should not be exposed to possible vermin activity at the end of the day.

g) Cleanse all hot plates, grills, spatulas, tongs and serving spoons and other utensils at the end of the day at your restaurant, commissary or shared kitchen. No Cleaning shall be done on public streets or sidewalk.

h) Garbage and waste materials shall not be permitted to accumulate, create harborage conditions, or become a nuisance, but shall be stored, handled and disposed of in a sanitary manner that shall not create a nuisance.

i) Event organizers and vendors should ensure that each stand is equipped with the appropriate hand washing devices as well as with soap and paper towels before the start of the event each day of operation.

j) Where sufficient fixed or permanent plumbing facilities are not available, the sponsor of an event shall provide and maintain portable chemical toilets, hand washing sinks equipped with potable running water and drying facilities for use by temporary food service establishment food workers and patrons.

k) The sponsor shall maintain or arrange for maintenance of the event area and for the collection and removal of accumulated refuse and garbage at regularly scheduled intervals during and after the event.

l) Storage and use of flammable material and fuel shall comply with all applicable law, rules, and standards, including those of the Fire Department.

Shellfish Handling Guidelines

Source:

· All shellfish such as clams, oysters, and mussels, shall be obtained from an approved source.

· All shellfish shall be received with proper tags, and stored at 41F or below either via refrigeration or on ice.

Storage, Holding for Service, and/or Display:

· Shellfish shall be held at a temperature of 41F or below at all times either via refrigeration or on ice.

· Shellfish shall remain in properly tagged containers at all times however, if smaller portions of a main supply of shellfish are put out for display then the main supply container must be tagged and the shellfish on display can be displayed without tags but must be clearly labeled so as to allow for the type of shellfish to be readily identified as to which container they originated from.

· Shellfish tags shall not be removed from containers until all the contents are sold or otherwise disposed of (New York City Health Code/NYCHC section 101.25.)

· Shellfish tags shall be retained by the seller for 90 days after the supply is finished as per New York State Sanitary Code section 14-133(b).

· Shellfish tags shall be marked with indelible ink and must legibly must contain the following information (NYCHC section 101.21):

Front:

a. Shipper’s state, province certificate or permit number preceded by the state abbreviation.

b. Consignee’s name and address.

c. Contents together with the size and type of container.

d. Date of shipment.

e. For shell stock, the waters where taken and the bed number, if any.

Back:

a. Shipper’s name and address

Split lot tags shall contain the following (NYCHC section 101.23);

a. Date appearing on the original tag.

b. Contents, together with the size and type of container to which the split lot tag is attached.

c. Name and address of wholesale dealer proceeded by “Original tag of file at the premises of”.

Preparation and Protection against Contamination (general):

· Bare-hand contact with shellfish that will not be cooked is strictly prohibited.

· Shellfish (such as mussels, clams and oysters) shall be protected from contamination at all times during storage and display.

· Barriers or effective sneeze guards shall be used whenever shellfish are displayed to the public.

· Barriers and sneeze guards shall be positioned so as to prevent potentialcontamination of shellfish by the public, i.e., to prevent inadvertent touching, sneezing, coughing, or other environmental contaminates such as flies, dust, etc.