Agriculture & Markets - Adulteration, Packing, and Branding of Food and Food Products - Persons certifying as kosher; filing with department


Published: 2014-09-22

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§ 201-c. Persons certifying as kosher; filing with department. 1. Any
person who certifies any non-prepackaged meat, meat preparations, meat
by-products or poultry as kosher or kosher for Passover, and any person
who certifies any non-prepackaged food or food products as kosher or
kosher for Passover shall file with the department, in accordance with
regulations set by the commissioner, a statement of such person's
qualifications for providing such certification.

2. No person shall within this state manufacture, compound, brew,
distill, produce, process, pack, sell or offer for sale any
non-prepackaged meat, meat preparations, meat by-products, poultry or
food or food products that are represented or branded as kosher unless
such person has, in accordance with regulations set by the commissioner,
filed with the department the name, address, and telephone number of the
person certifying such food or food product as kosher.

3. Any food establishment or caterer that sells or offers for sale
food or food products prepared on the premises or under its control that
are represented as kosher, shall file with the department the name,
address, and telephone number of the person certifying the food or food
products as kosher. Food establishments and caterers selling or offering
for sale food or food products prepared on the premises or under their
control that are represented as kosher shall post a "kosher
certification form" in a location readily visible to the consumer, and
shall also provide a copy of such form to the department. The kosher
certification form shall contain the information and be in the form set
forth below, in not less than twelve point type:

KOSHER CERTIFICATION FORM
Name of Establishment:_______________________________________________
Address:_____________________________________________________________
Name of Individual or Organization Certifying Food as
Kosher:______________________________________________________________
Address & Phone Number of Certifying Individual or
Organization:________________________________________________________
Affiliation & Education of Certifying
Individual or Organization:__________________________________________
The certifying individual or organization visits this establishment:
___time(s) daily ___time(s) weekly ___time(s) monthly ___time(s) yearly
All meat sold or served by this establishment __is __is not soaked
and salted.
Describe soaking and salting
process:_____________________________________________________________
We ___do ___do not exclusively sell or serve kosher food.
Establishment selling and serving both kosher and nonkosher food must
complete the following:
We __do __do not use separate ovens and sinks for kosher and
nonkosher foods. We __do __do not use separate utensils, refrigerators,
freezers and storage areas for kosher and nonkosher foods. All
utensils and equipment __are __are not clearly identified as kosher
or nonkosher. Nonkosher products __are __are not mixed with kosher
products and then sold as kosher.

4. Any food establishment or caterer that sells or offers for sale
food or food products prepared on the premises or under their control
that are represented as kosher shall maintain a permanently bound
logbook that shall include for each inspection visit of the person
certifying their food or food products as kosher, the signature and
printed name of the person performing the inspection and the date and
time of arrival at the establishment. The logbook shall be maintained
for a period of not less than two years after the final entry, and shall
be made available to the department upon request.

5. The department is authorized to inspect all food establishments and
caterers selling or offering for sale food or food products represented
as kosher to ensure compliance with sections two hundred one-a and two
hundred one-b of this article and this section, and the accuracy of any
information supplied in accordance with such sections. The commissioner
is authorized to promulgate rules and regulations as are necessary to
further implement the provisions of sections two hundred one-a and two
hundred one-b of this article and this section. The department shall
develop and maintain a website that makes available to consumers copies
of all forms and certification information that are required by this
section.

6. Failure to comply with the requirements of sections two hundred
one-a and two hundred one-b of this article and this section or the
failure to conform sales practices to the information provided in the
kosher certification form pursuant to this section shall be punishable
by a fine of not more than two thousand five hundred dollars for a first
violation; not more than seven thousand five hundred dollars for a
second violation; and not more than ten thousand dollars for a third
violation and each subsequent violation thereafter.