The NYC Department of Health has amended Chapter 23 of Title 24 of the City Rules, which outlines inspection requirements for food service establishments (FSE’s).
These updates focus on reduced-oxygen packaging (ROP) foods, added sugar warnings, allergen postings, and online delivery transparency, as well as new and revised penalties under Appendices 23-A, B, and C.
What Are Reduced-Oxygen Packaging (ROP) Foods?
ROP food is any food that is placed into a package where oxygen is removed to keep the food fresher for longer. Sous vide is an example of an ROP food.
What Food Service Operators Should Know
Under Health Code §81.12(c), ROP foods were required to be prepared and consumed on-site. Off-premises consumption was allowed only when the preparation site was properly permitted and wholly owned by the same business entity as the FSE.
The Department of Health (DOH) has clarified that ROP foods may not be sold or distributed directly, through internet sales or through wholesale to consumers or businesses for off-site consumption. This prohibition is now explicitly outlined in Appendices A, B, and C of Chapter 23.
Penalty Updates and Other Key changes
Appendix 23-A of Chapter 23 (inspection worksheet ) summarizes items/areas covered during DOH inspections and how violations are scored. The revised rule clarifies that offering ROP foods produced in a food service establishment directly to consumers is considered a critical violation.
Appendix 23-B of Chapter 23 (Condition levels) outlines descriptions and provides examples of violation condition levels. The revised rule clarifies that selling or offering ROP foods produced in a food service establishment directly to consumers—whether in person, online, or through a third-party delivery service is considered a critical violation (most serious condition level).
Appendix 23-C of Chapter 23 ( Penalty Schedule) outlines monetary penalties for FSE violations adjudicated by the Office of Administrative Trials and Hearings (OATH). The amendments will:
- establish penalties for chain restaurants that do not comply with sugar warning requirements.
- reduce penalties for children’s meal beverage-option violations.
- waive penalties for certain first-time organic waste disposal violations by covered entities.
- add penalties for restaurants, catering halls, and online food ordering platforms that fail to post required food allergy notices on menus and in food preparation areas (Public Health Law §1356).
- include penalties for Internet-based food delivery services that do not post a direct link to the DOH inspection lookup tool on their website or mobile app that would allow guests to view restaurant grades
Need Help Preparing for These Changes?
We provide comprehensive mock inspections, staff training seminars, representation at OATH and compliance support to help you maintain inspection-readiness every day.
👉 Contact our team today to schedule a mock inspection. Our inspectors will make sure you are complying with all the new rules
