THE SANITARY CODE 
OF 
THE CITY OF NEW YORK 
With Amendments to July 81, 1089 
Together with an 
APPENDIX 
Containing Chapter 22 of the New York City Charter and Chapter 22 of the 
Administrative Code of the City of New York which relate to the Department 
of Health, and selected provisions from other laws pertaining to health. 
For Sale at 
CITY RECORD OFFICE 
2213 Municipal Building, Manhattan 
PRICE 50 CENTS THE SANITARY CODE 
OF 
THE CITY OF NEW YORK 
With Amendments to July 31, 1939 
Together with an 
APPENDIX 
Containing Chapter 22 of the New York City Charter and Chapter 22 of the 
Administrative Code of the City of New York which relate to the Department 
of Health, and selected provisions from other laws pertaining to health. 
DEPARTMENT OF HEALTH 
City of New York Cooperation with the health authorities and the observance of the 
law are indispensable in the prevention of disease and the promotion of 
public health. 
Compiled by 
I. ROBERT WOLF 
DEPARTMENT OF HEALTH-NEW YORK CITY 
? -v 
Department Counsel 
JOHN L, RICE, M.D Commissioner 
FIORELLO H. LaGUARDIA mayor TABLE OF CONTENTS 
PAGE 
Introductory 5 
SANITARY CODE OF THE CITY OF NEW YORK 
Article 1. Short Title and Definitions 9 
2. Animals 11 
3. Births, Fetal Deaths and Deaths 16 
4. Buildings 22 
5. Cold Storage 25 
7. Diseases 26 
8. Drugs, Medicines and Cosmetics 36 
9. Food and Drink 44 
10. General Pi’ovisions 67 
11. Midwifery 70 
12. Miscellaneous Provisions 71 
13. Offensive Materials 77 
14. Plumbing, Drainage and Sewerage 82 
15. Railroad Cars and Other Public Vehicles 85 
16. Street Conditions 86 
17. Trades, Occupations and Businesses 87 
18. Vessels and Seamen 92 
APPENDIX 
(A) Chapter 22 of the New York City Charter, relating to the 
Department of Health 99 
(B) Chapter 22 of the Administrative Code of the City of New 
York, relating to the Department of Health 103 
(C) Article 17-b of the Public Health Law of the State of New 
York, relating to Certain Contagious (venei’eal) Diseases 115 
(D) Section 18-d of the Public Health Law of the State of New 
York, relating to Serological Blood Tests for Syphilis of 
Pregnant Women 117 
(E) Sections 13 to 15 inclusive,.of the Domestic Relations Law 
of the State of New York, relating to Serological Blood 
Tests for Licensing and Solemnization of Marriages 118 
(F) Article 12 of the Labor Law of the State of New York, 
relating to Bakeries and Confectioneries 124 
INDEX TO SANITARY CODE 129 5 
INTRODUCTORY NOTES 
1. The Sanitary Code of the Board of Health of the Department of Health 
of the City of New York was generally revised and amended by the Board of 
Health December 31, 1914 and filed, as thus revised and amended, with the City 
Clerk of the City of New York on April 9, 1915 pursuant to the provisions of 
Section 1172 of the Greater New York Charter. Further amendments thereto 
were adopted by the Board of Health and filed with the City Clerk pursuant 
to the provisions of said section and, since January 1, 1938, pursuant to the 
provisions of Section 558 of the New York City Charter. Prior to January 1, 
1938 the Sanitary Code constituted Chapter 20 of the Code of Ordinances of the 
City of New York. Chapter 929 of the Laws of 1937 “AN ACT to provide an 
administrative code for the city of New York in harmony with and supplemental 
to the New York city charter” which became law December 30, 1937, did not 
affect the Sanitary Code but as a result thereof it became a separate code. 
By the addition of a new Section 1 to the Sanitary Code, (adopted by the 
Board of Health on June 8, 1939) the Code was given the short title of the 
“Sanitary Code of the City of New York.” Section 558 of the New York City 
Charter, reads as follows: 
“Sec. 558. a. The sanitary code which is in force in the city on 
the date at which this charter takes effect and all existing provisions 
of law fixing penalties for violations of the code and all regulations of 
the board of health on file with the city clerk on the date when this 
charter takes effect shall continue to be binding and in force except as 
amended or repealed from time to time. Such code shall have the force 
and effect of law. 
b. The board of health is hereby authorized and empowered from 
time to time to add to and to alter, amend or repeal any part of the 
sanitary code, and may therein publish additional provisions for the 
security of life and health in the city and confer additional powers on 
the department not inconsistent with the constitution or laws of this 
state or with this charter, and may provide for the enforcement of the 
sanitary code or any orders made by the commissioner or the board of 
health, by such fines, penalties, forfeitures and imprisonment as may 
be prescribed therein or otherwise by law. 
c. The board of health may embrace in the sanitary code all matters 
and subjects to which the power and authority of the department extends, 
not limiting their application to the subject of health only. 
d. Any violation of the sanitary code shall be treated and punished 
as a misdemeanor. Pecuniary penalties for violations of the sanitary 
code may be recovered in a civil action before any justice or tribunal 
in the city having jurisdiction of civil actions. 
e. No amendment or addition to the sanitary code or repeal of any 
provision thereof adopted by the board of health subsequent to the date 
of going into effect of this charter shall become valid and effectual 
until a copy of such amendment, addition or repeal duly certified by the 
secretary of the board be filed with the city clerk. Upon such filing the 
amendment or addition shall be part of the sanitary code and shall be 
published forthwith in the City Record by the city clerk. 
f. The board of health may add, amend and repeal regulations in 
regard to any matter contained in the sanitary code, and such regula- 
tions when filed with the city clerk shall have the same force and effect 
as a provision of the sanitary code and shall be published forthwith in 
the City Record. 
g. No action shall abate, or right of action already accrued be 
abolished, by reason of the expiration, repeal or amendment of any 
provision of the sanitary code or regulations in regard thereto.” 
2. The Board of Health is a part of the Department of Health of the City 
of New York and consists of the Commissioner of Health as Chairman and four 
members, at least two of whom must be doctors of medicine who have had not 
less than ten (10) years’ experience in clinical medicine, public health adminis- 
tration or college or university public health teaching. These members are 
SANITARY CODE 6 
appointed by the Mayor for overlapping terms of 8 years each and serve without 
compensation. The first four members were appointed for terms of 2-4-6 and 
8 years respectively. The Department of Health of the City of New York has 
jurisdiction to regulate all matters affecting health in the city. Its authority, 
duties and powers extend over the city and over the waters adjacent thereto, 
within the jurisdiction of the city and within the quarantine limits as established 
by law. Unless otherwise provided by law, it is the duty of the Department 
to enforce all provisions of law applicable in the area under its jurisdiction for 
the preservation of human life, for the care, promotion and protection of health 
and relative to the necessary sanitary supervision of the purity and wholesome- 
ness of the water supply and the sources thereof. The Commissioner of Health 
has all the powers and duties of the Department, except those vested by law in 
the Board of Health. (See Appendix “A”—Sections 553, 555 and 556 of the 
New York City Charter.) 
3. Many sections of the Sanitary Code make specific reference to regula- 
tions of the Board of Health. These regulations were adopted by the Board of 
Health and filed with the City Clerk. The Department of Health prints these 
regulations in pamphlet form for each section or subject. A copy of a particular 
section of the Sanitary Code and the regulations relating thereto, may be obtained 
upon application to the Secretary of the Department of Health, 125 Worth Street, 
New York City. 
4. Pursuant to the provisions of Section 982-8.0 of the Administrative Code 
of the City of New York, (as amended by Chapter 763 Laws 1939) all courts 
are required to take judicial notice of all laws contained in the Sanitary Code 
and of all regulations adopted by the Board of Health. 
Throughout this Code the letters S.C. followed by a section number, and 
printed in parentheses at the end of a section, refer to the section number of the 
Code prior to the general revision, December 14, 1914. THE SANITARY CODE OF THE CITY OF NEW YORK 9 
THE SANITARY CODE OF THE CITY OF NEW YORK 
Article 1. Short title and definitions.* 
2. Animals. 
3. Births, fetal deaths and deaths.* 
4. Buildings. 
5. Cold storage. 
7. Diseases. 
8. Drugs, medicines and cosmetics.* 
9. Food and drink. 
10. General provisions. 
11. Midwifery and care of children. 
12. Miscellaneous provisions. 
13. Offensive materials. 
14. Plumbing, drainage and sewerage. 
15. Railroad cars and other public vehicles 
16. Street conditions. 
17. Trades, occupations and businesses. 
18. Vessels and seamen. 
ARTICLE 1 
Section 1. Short title. 
Short Title and Definitions. 
2. Definitions 
§l. Short title. 
This Code shall be known and may be cited as the “Sanitary Code of The 
City of New York.” (Adopted June 8, 1939). 
§2. Definitions. 
Unless otherwise expressly stated, whenever used in the Sanitary Code or 
in the regulations of the Board of Health relating thereto, the following terms 
shall be taken to mean and include: 
1. “Ashes.” Cinders, coal and every other substance which is left uncon- 
sumed by fire in stoves, furnaces, ranges, fire-pots, fireplaces, and other such 
places. 
2. “Bakeries.” All buildings, rooms, or places used or occupied for the 
purpose of making, preparing, or baking bread, biscuits, pastry, cake, doughnuts, 
crullers, noodles, macaroni, or spaghetti, to be sold or consumed on or off the 
premises, except kitchens in hotels, restaurants, boarding-houses, or private 
residences wherein such products are prepared to be used and are used exclu- 
sively on the premises. 
3. “Board” and “said board.” The Board of Health of the Department of 
Health of The City of New York. 
4. “Boarding-house.” Every building and part hereof other than a hotel, 
inn, or lodging-house, wherein meals or lodging, or both, may be obtained for 
hire (customarily by the week). 
5. “Butcher.” Whoever is engaged in the business of keeping, driving, or 
slaughtering cattle, or in selling any meat. 
6. “Cattle.” All animals, except birds, fowl, and fish, of which any part 
of the body is used as food. 
7. “Cellar.” Every basement or lower story of any building or house, of 
which said basement or lower story one-half or more of the height from the floor 
to the ceiling is below the level of the street adjoining, or the surface of the 
adjacent yard, court, or ground. 
8. “Commissioner” or “Commissioner of Health.” The Commissioner of 
Health of the Department of Health of The City of New York. 
9. “Department.” The Department of Health of The City of New York. 
* Titles of Articles amended June 13, 1939. 10 
SANITARY CODE 
10. “Dirt.” Natural soil, earth, gravel, sand, and loose pieces of broken 
stone. 
11. “Factory” and “manufactory.” Any mill, workshop, or other manufac- 
turing or business establishment, and all buildings, shops, and structures, or other 
places used therefor or in connection therewith, where one or more persons are 
employed at labor. 
12. “Fish.” Every part of any animal that lives in water or the flesh of 
which is not meat. 
13. “Food.” All substances, except drugs, used or intended to be used 
for human consumption, including meat, fish, vegetables, drink, confections, and 
condiments, whether simple, mixed, or compound. 
14. “Garbage.” Swill and every accumulation of both animal and vegetable 
matter, liquid or otherwise, that attends the preparation, decay, and dealing 
in, or storage of, meat, fish, fowls, birds, or vegetables. 
15. “Light” or “lighted.” Natural, external light. 
16. “Lodging-house.” Any house or building or portion thereof, in which 
persons are harbored, or received, or lodged, for hire for a single night, or for 
less than a week at one time, or any part of which is let for any person to sleep 
in, for any term less than a week. 
17. “Meat.” Every part of any land animal, and eggs (whether mixed or 
not with any other substance). 
18. “Permit.” The permission in writing of the Board of Health, or the 
Commissioner of Health, issued according to the provisions of this code, of any 
statute, or of the regulations of the Board of Health. 
19. “Person.” Every individual, corporation, firm, and joint stock asso- 
ciation. 
20. “Physician.” Every person who holds himself out as being able to 
diagnose, treat, operate, or prescribe for any human disease, pain, injury, de- 
formity, or physical condition, and who shall either offer or undertake by any 
means or method, to diagnose, treat, operate, or prescribe for any human disease, 
pain, injury, deformity, or physical condition. 
21. “Public laundry.” Any place where articles are laundered for the gen- 
eral public for hire. 
22. “Public place.” Every street (as hereinafter defined), park, pier, 
dock and wharf, and every open space therewith connected; all waters within 
the jurisdiction of The City of New York; every public yard, ground, and area; 
every space open to the public between a building and the street, between build- 
ings, and between streets; all places of public assemblage, including every place 
of public worship, amusement, entertainment, or instruction, and every place 
where an appreciable number of persons gather for any purpose whatever, and 
every public room or space connected with, and every means of entrance to or 
exit from, any of the said places; all places and premises where goods, wares, 
and merchandise are sold or offered for sale, including all public rooms or places 
therewith connected; every railroad car, and every other public vehicle; every 
railroad depot, station, and platform, and every public room or space connected 
therewith, and every stairway and other means of entrance thereto or exit 
therefrom; every ferryboat and ferry-house, and every public room or space 
connected with, and every means of entrance to or exit from, such ferry-house. 
23. “Refuse.” Waste material other than rubbish, ashes, or garbage, that 
attends use or decay and accumulation from the occupancy of buildings or 
premises. 
24. “Report.” A report in writing, signed by the person who makes the 
same and indicating his official position, if any such position be held. 
25. “Rubbish.” Solid waste material, accumulating or resulting from the 
use of occupancy of buildings or premises, such as paper, straw, excelsior, rags, 
bottles, old clothes, old shoes, tin cans, and other materials of a similar character. 
26. “Sanitary code.” The Sanitary Code of The City of New York. 
27. “Stable.” Every building or portion thereof in which any horse, cattle, 
or other animal shall be kept. 
28. “Streets.” Avenues, public highways, sidewalks, gutters, and public 
alleys, lanes, and paths. 
29. “Theatre.” The building, room, and place, where any play, concert, 
opera, circus, trick or jugglery show, gymnastic or other exhibition, masquerade, 
public dance, or other public gathering, drill, lecture, address, or other form of 
public entertainment, amusement, or instruction are, is, or may be, held, given, SANITARY CODE 
11 
furnished, performed, or takes place, and every public room or space connected 
with, and every means of entrance to or exit from, any such place. 
30. “Vegetable.” Every article used for human consumption as food, other 
than meat, fish, or milk. 
31. “Milk.” The whole, fresh, clean, lacteal secretion obtained by the 
complete milking of one or more healthy cows, properly fed and kept, excluding 
that obtained fifteen days before and five days after calving, or such longer 
period as may be necessary to render the milk practically colostrum free. 
32. “Skimmed milk.” The clean, pure, wholesome and unadulterated milk, 
from which substantially all milk fat has been removed. 
33. “Cream.” That portion of clean, pure, wholesome and unadulterated 
milk, rich in milk fat, which inses to the surface of milk on standing or is sep- 
arated from it by centrifugal force, to which no substance whatsoever has been 
added, except milk or skimmed milk for the purpose of standardization. 
34. “Condensed milk.” The product resulting from the evaporation of a 
considerable portion of the water from clean, pure, wholesome and unadulterated 
milk, also commonly known as evaporated milk or concentrated milk, and when 
sugar (sucrose) has been added is commonly known as sweetened condensed 
milk, sweetened evaporated milk or sweetened concentrated milk. 
35. “Condensed skimmed milk.” The product resulting from the evapora- 
tion of a considerable portion of water from clean, pure, wholesome and unadul- 
terated skimmed milk, also commonly known as evaporated skimmed milk or 
concentrated skimmed milk, and when sugar (sucrose) has been added is com- 
monly known as sweetened condensed skimmed milk, sweetened evaporated 
skimmed milk or sweetened concentrated skimmed milk. 
36. “Dried milk.” The product resulting from the removal of the water 
from clean, pure, wholesome and unadulterated milk. 
37. “Dried skimmed milk.” The product resulting from the removal of 
the water from clean, pure, wholesome and unadulterated skimmed milk. 
38. “Modified milk.” The clean, pure, wholesome and unadulterated milk, 
which has been changed by the addition of water, sugar of milk, or other sub- 
stance intended to render the milk suitable for infant feeding. 
39. “Chocolate milk” and “cocoa milk.” The products obtained by the addi- 
tion of wholesome chocolate or cocoa syrup respectively to wholesome unadul- 
terated fluid whole milk. 
40. “Chocolate flavored drink” and “cocoa flavored drink.” The products 
obtained by the addition of wholesome chocolate or cocoa syrup respectively to 
wholesome fluid skimmed milk or to water and powdered skimmed milk or 
powdered whole milk. 
41. “Buttermilk.” The product that remains when butter is removed from 
clean, pure, wholesome and unadulterated milk or cream in the process of 
churning. 
42. “Cultured buttermilk.” The product resulting from the souring of 
pure wholesome fluid skimmed milk with lactic culture or other milk cultures, 
or by treatment in any other manner satisfactory to the Board of Health. 
43. “Homogenized milk.” Milk which has been subjected to a treatment 
whereby its fat content will remain in such state of dispersion so that after 48 
hours of quiescent storage, the percentage of butter fat in the upper 1/10 
portion of one or more containers of milk will not exceed by more than 5% the 
percentage of butter fat in the remaining portion of milk in the container or 
containers. 
44. “Malted milk.” The product made by combining clean, pure, wholesome 
and unadulterated milk with the liquid separated from a mash of ground barley, 
malt and wheat flour, with or without the addition of sodium chloride, sodium 
bicarbonate and potassium bicarbonate, in such manner as to secure the full 
enzymic action of the malt extract and by removing water. 
(Amended June 30, 1915, November 27, 1918, July 22, 1919, July 2U, 1923, 
December lU, 1937 and June 8, 1939. Formerly §/ and renumbered §2 by 
amendment of June 8, 1939; former §2 repealed June 8, 1939). 
ARTICLE 2 
Animals 
Section 3. Glanders, farcy, and other contagious diseases; duty of veterinarian 
to report; animals suffering therefrom not to be retained or ex- 
posed; destruction authorized. 12 
SANITARY CODE 
4. Animals suffering from or exposed to contagious diseases not to be 
brought into or kept in city. 
5. Animals injured or diseased beyond recovery and abandoned, to be 
destroyed. 
6. Animals injured or diseased past recovery, dead or affected with an 
infectious or contagious disease to be reported and removed. 
7. Dead, sick, or injured animals; interference by unauthorized persons 
prohibited. 
8. Dead, sick, or injured animals; conditions dangerous to life or detri- 
mental to health prohibited. 
9. Dead horses; to be tagged before placing in street. 
10. Rabid and vicious animals; dogs or other animal bites; department 
of health to be notified; surrender, removal and destruction regu- 
lated. 
11. Horses, cattle, swine, sheep, geese, and goats; not to be kept or 
yarded without a permit. 
12. Keeping of cows regulated. 
13. Tuberculin test of cows; certificate. 
14. Cattle, adequate ventilation, proper food and water to be provided. 
15. Cattle; method of transporting in vehicles restricted. 
16. Shelter for homeless animals; site to be approved; conduct thereof 
regulated. 
17. Dogs not permitted in any public place unless muzzled or leashed. 
18. Sale of small animals regulated. 
19. Live rabbits, or poultry; the keeping, killing, and sale regulated. 
20. Birds of psittacine family regulated; importation, breeding and sale 
prohibited; exception. 
21. Horses to be tested for glanders. 
22. Keeping of wild animals prohibited. 
§3. Glanders, farcy, and other communicable diseases; duty of veterinarian to 
report; animals suffering therefrom not to he retained or exposed; 
destruction authorized. 
(a) Every veterinarian who shall examine or professionally attend any 
animal in the City of New York affected with glanders or farcy, or any other 
communicable disease, shall immediately upon the discovery that such animal is 
thus affected, report in writing to the Department of Health the location of such 
diseased animal, the name and address of the owner thereof, and the type and 
character of the disease. 
(b) No person shall keep or retain, or cause or allow to be kept or retained, 
at any place in the City of New York, any animal affected with glanders or farcy, 
or any other communicable disease, but shall immediately upon his or her dis- 
covery that such animal is thus affected, report the fact and the location of such 
animal to the Department of Health. 
(c) The Director of the Bureau of Preventable Diseases of the Department 
of Health shall cause every such animal to be promptly isolated or killed, and, if 
killed, the body thereof to be promptly removed and disposed of in such manner 
as he shall designate. 
(S. C., §125; as amended June 8, 1938). 
§4. Animals suffering from or exposed to contagious diseases not to be 
brought into or kept in city. 
No cattle, swine, sheep, horses, dogs, or cats, which are affected with or have 
been exposed to any disease which is contagious among such animals, shall be 
brought into or kept in the city of New York. (S. C., §124). 
§5. Animal injured or diseased beyond recovery and abandoned, to he de- 
stroyed. 
Any animal, in any street or public place within or adjacent to the built-up 
portion of the city of New York, appearing, in the opinion of any officer or in- 
spector of the department of health (and that of two citizens, requested by such 
officer or inspector to view, in his presence, the said animal), to be so injured or 
diseased as to preclude the possibility of such animal thereafter serving any 
useful purpose, and not being properly cared for, may, if not removed within one 
hour after being found in such condition by the said officer or inspector, be SANITARY CODE 
13 
destroyed by or according to the direction of the said officer or inspector. 
(S. C., §129). 
§6. Animals injured o,r diseased past recovery, dead, or affected with an 
infectious or contagious disease to be reported and removed. 
Any person owning or having in his charge or under his control an animal 
injured or diseased past recovery, or dead, and not killed for or proper for use as 
food, or affected with an infectious or contagious disease, in the city of New York, 
shall, immediately upon discovering or learning such fact, notify the department 
of health thereof, and shall, under the direction of the sanitary superintendent, 
an assistant sanitary superintendent, or the director of the bureau of infectious 
diseases, of the department of health, or an officer of the police department, re- 
move or cause the removal of such animal to such place as such official shall desig- 
nate. (S. C., §130). 
§7. Dead, sick, or injured animals; interference by unauthorized persons pro- 
hibited. 
No person other than a police officer or an inspector or officer of the depart- 
ment of health, or other person authorized by law so to do, shall, in any way 
interfere with any dead, sick, or injured animal in any street or public place in 
the city of New York, except that the owner or person having control of such 
animal may terminate its life in the presence and by the consent of any such 
officer, inspector, or person. (S. C., §131). 
§B. Dead, sick, or injured animals; conditions dangerous to life or detrimental 
to health prohibited. 
No person shall leave in or throw into any street or public place, or public 
water, in the city of New York, or offensively expose or bury, anywhere in the 
said city, the body (or any part thereof) of any dead, sick, or injured animal; 
nor shall any person keep any dead animal or any offensive meat, bird, fowl, or 
fish, in a place where the same may be dangerous to the life or detrimental to the 
health of any person. (S. C., §128). 
§9. Dead horses; to be tagged before placing in street. 
All dead horses, before being placed in the street, must bear a tag giving the 
name and address of the owner thereof and the stable from which the horse is 
removed. At twilight, if such dead horse has not been removed, there shall be 
placed by the owner, conspicuously, immediately in front thereof, suitable and 
sufficient lights, properly protected, which shall be kept burning during the night 
until such dead horse has been removed; and no person shall interfere with, ob- 
struct, or remove such light until such horse is removed. (S. C., §126; amended 
July 2U, 1923). 
§lO. Rabid and vicious animals; dog or other animal bites; Department of 
Health to be notified; surrender, removal and destruction regulated. 
1. Every animal that is mad or has rabies shall at once be killed by a repre- 
sentative of the Department of Health, a police officer or other authorized person 
or agency, and it shall be the duty of such person to notify immediately the De- 
partment of Health of the location of the body of such animal. Every person 
having knowledge of an animal that has died of rabies or suspected of having 
died of rabies shall notify immediately the Department of Health of the location 
of the body of such animal. In any of the aforesaid instances, the body of the 
animal shall be surrendered to the Department of Health. 
2. It shall be the duty of every veterinarian having knowledge of and of 
every person owning or having possession of an animal suspected of rabies or an 
animal that has been bitten by, or has come in contact with a rabid animal, to 
confine and isolate at once such animal in some secure place, to notify immediately 
by telephone the Department of Health thereof and of the place where such 
animal is confined and to surrender same to the said department. 
3. Every animal that shows symptoms of rabies or is suspected of rabies 
shall be destroyed by the Department of Health, and every animal known to have 
been bitten by a rabid animal or having come in contact with a rabid animal, 
shall be destroyed by the Department of Health, or kept isolated and under quar- 
antine for six (6) months in a veterinary hospital approved by the Department 
of Health. For the purpose of this section an animal shall be deemed to have 14 
SANITARY CODE 
come in contact with a rabid animal if such animal has consorted with a rabid 
animal or was harbored in the same part of any premises, home, apartment or 
kennel with a rabid animal. 
4. Should any person be bitten by a dog or other animal subject to rabies, 
it shall be the duty of the person bitten, and if a minor, his parent or guardian, 
the owner of the animal or person having the same in his possession or under his 
control, the person treating such bite, and the veterinarian having knowledge of 
such dog or animale bite, to notify immediately the Department of Health thereof, 
and the owner or person having possession thereof shall immediately bring and 
surrender said dog or animal to said Department for inspection and observation 
at the place or places designated by said Department. After the preliminary 
examination the dog or animal may be returned to the custody of the person from 
whom the same shall have been received, pending further examination at a future 
date designated by the veterinarian of the Department of Health, at which time 
the dog or animal shall be again brought and surrendered for further examina- 
tion and observation. At the termination of the period of observation as deter- 
mined by the Department’s veterinarian, such dog or animal shall be released to 
the person from whom the same shall have been received if found not rabid or 
vicious, but if found to be rabid or suspicious of rabies or vicious, or vicious to 
such an extent as to be unsafe to be at large, it shall be destroyed by said Depart- 
ment. For the purposes of this section a vicious dog or animal shall be taken to 
mean and include a dog or animal that is mean, surly, unfriendly and that will 
bite a person with or without provocation, as determined by the Department veter- 
inarian. The term “vicious to such an extent as to be unsafe to be at large” 
shall be taken to mean and include a dog or animal that has bitten a person or 
various persons on three (3) separate occasions, with or without provocation, 
real or imaginary. 
5. Any dog or other animal found upon examination by a veterinarian of 
the Department of Health to be vicious, shall be surrendered by the owner or 
person having possession thereof to the said department and shall be destroyed 
by the said department. 
6. It shall be unlawful to remove any dog or animal to which the provisions 
of this section apply, or the body of any such dog or animal, except as herein 
provided. 
(S. C., §132; amended October 9,193 U, March 8, 1938 and May 9, 1939). 
§ll. Ho.rses, cattle, swine, sheep, geese, and goats; not to be kept or yarded 
without a permit. 
No horses shall be yarded and#no cattle, swine, sheep, geese, or goats, shall be 
kept or yarded within or adjacent to the built-up portions of the city of New 
York, without a permit issued therefor by the board of health. (S. C., §73). 
§l2. Keeping of cows regulated. 
No cows shall be kept in the city of New York without a permit issued 
therefor by the board of health or otherwise than in accordance with the terms of 
the said permit and with the regulations of said board. (S. C., §72). 
§l3. Tuberculin test of cows; certificate. 
No milch cow or cow intended for any purpose other than slaughter, shall be 
admitted to the city of New York unless accompanied by a certificate stating that 
the said cow is free from tuberculosis, so far as may be ascertained by physical 
examination and the application of the tuberculin test. Said certificate shall con- 
tain a physical description of the cow, sufficiently accurate for the purpose of 
identification, and must be signed by a legally licensed veterinarian, who shall 
state the date and place of his registration. The certificate shall also bear a 
number which must correspond with a tag that shall have been securely attached 
to and be on the ear of the cow. The certificate shall also contain the date of the 
examination, which examination shall have been made not more than 60 days 
prior to the time that the cow indicated therein is brought into the city; it 
must also contain the place of examination, the temperature of the cow for 6 
hours prior to the injection of tuberculin, the name, quality, and character of 
preparation of tuberculin used, the location of the injection, the quantity in- 
jected, and the temperatures from the sixth to the eighteenth hour after the 
injection, or until the reaction is completed. (S. C., §124; amended May 6, 1915, 
May 25, 1915, July 28, 1916, and December 11, 19210. SANITARY CODE. 
15 
§l4. Cattle; adequate ventilation, proper food and water to be provided. 
No cattle shall be kept in any place, in the city of New York, where the 
ventilation is not adequate, and the water and food are not of such quality and in 
such condition as to properly preserve their health, condition, and wholesomenesa 
for food. (S. C„ §7l). 
§l5. Cattle; method of transporting in vehicles restricted. 
No cattle shall be placed or carried while bound or tied by the legs, or bound 
down by the neck, in any vehicle in the city of New York, but shall be allowed to 
freely stand in such vehicle when transported and while being therein (S. C. §77). 
§l6. Shelter for homeless animals; site to be approved; conduct thereof regu- 
lated. 
No shelter for homeless animals shall hereafter be opened or established in 
the city of New Yorw unless the site therefor be first approved by the board of 
health; and no such shelter shall be conducted in said city without a permit there- 
for issued by the said board or otherwise than in accordance with the terms of 
said permit and with the regulations of said board. (S. C., §81a). 
§l7. Dogs not permitted in any public place unless muzzled or leashed. 
No dog shall be permitted at any time, to be on any public highway or in any 
public park or place in the city of New York, unless effectively muzzled or re- 
strained by a chain or leash not exceeding six (6) feet in length. (S. C., §80a; 
amended December 11, 19 3 U). 
§lB. Sale of small animals regulated. 
No person shall sell or keep for sale at any place in the city of New York 
any dogs, cats, birds, or other small animals, without a permit therefor issued 
by the board of health or otherwise than in accordance with the terms of said 
permit and with the regulations of said board, (S. C., §80). 
§l9. Live rabbits, or poultry; the keeping, killing, and sale regulated. 
No live rabbits or poultry shall be brought into, or kept, held, offered for 
sale, sold or killed in, any yard, area, cellar, coop, building, premises, public 
market, or other public place, except premises used for farming in unimproved 
sections of the City, without a permit therefor issued by the Board of Health, or 
otherwise than in accordance with the terms of said permit and with the regula- 
tions of said Board. 
The word “poultry” as used herein shall be deemed to mean and include 
chickens, geese, ducks and other fowls or domestic birds used for food purposes. 
(S. C., §79; amended April 3, 1933). 
§2O. Birds of psittacine family regulated; importation, breeding and sale 
prohibited; exception. 
(a) No person shall bring into the City of New York, or offer for sale, sell, 
give away, or breed in said City, parrots, parrakeets, love birds, macaws, cocka- 
toos, lories, lorikeets and other birds of the psittacine family. Provided, however, 
that zoological gardens operated under public authority or laboratories in which 
scientific research is being carried out, may receive or import birds of the psit- 
tacine family in accordance with the regulations of the Board of Health. 
(b) All birds having psittacosis or which are suspected of being carriers of 
psittacosis virus, and all birds of the psittacine family exposed to a bird having 
psittacosis or found or harbored on the same premises where infection with 
psittacosis virus is discovered or suspected, shall be immediately destroyed. 
(c) On and after August 15, 1939 no dealer in birds shall keep, harbor or 
have in his possession any bird of the psittacine family. 
(Former §2O repealed October 9,193 U; new §2O adopted April 12, 1938 and 
amended June 8, 1939). 
§2l Horses to be tested for glanders. 
No horse shall be brought into or kept in the city of New York unless it 
shall have been tested and found to be free from glanders by a duly licensed 
veterinarian, in accordance with the regulations of the board of health. (Adopted 
Dec. 28, 1917). 16 
SANITARY CODE 
§22. Keeping of wild animals prohibited. 
No person shall keep at any place in the City of New York any wild animals. 
This provision shall not apply to the keeping of wild animals by the Park Depart- 
ment or to the keeping of wild animals for exhibition or amusement purposes 
under a license issued by the Department of Licenses of said city. 
The term “wild animals” shall be taken to mean and include tame or untame 
lions, bears, wolves, foxes, snakes or other animals with similar vicious propen- 
sities. (Adopted September 12, 1933 and amended March H, 1935). 
ARTICLE 3 
Section 31. Live birth defined; duty of physician, midwife, superintedent of 
hospital, parents and others to report; confidential supplementary 
medical reports; registry to be kept. 
32. Fetal death defined; duty of physician, midwife, superintendent of 
hospital, parents and others to report; confidential supplementary 
medical reports; registry to be kept; duty of funeral director. 
33. Deaths; duty of physician and superintendent of hospital to report 
and keep registry; confidential medical report; Medical Examiner 
to report deaths; duty of funeral directors. 
34. No fee to be charged for executing and filing of certificate of birth, 
fetal death or death; order of Commissioner of Health for filing 
thereof. 
36. False certificates, statements, and reports. 
37. Dead bodies of human beings; permit to carry or convey required; 
exception. 
38. Dead bodies of human beings; transit permit required; conditions 
under which said permit will be granted. 
39. Dead bodies of human beings not to be retained or exposed. 
40. Dead bodies of human beings not to be retained unburied. 
41. Dead bodies of human beings; duty of persons discovering such 
bodies to communicate with department of health. 
42. Dead bodies of human beings; interment, cremation, or other dis- 
position; permit required. 
43. Sextons; to register with Department of Health. 
44. Duties of sextons and other persons. 
45. Crematories, burying-grounds, cemeteries, tombs, and vaults; permit 
required to establish, to bury, and to open receptacle; burial of 
dead body restricted. 
46. Business of undertaking regulated; permit required. 
Births, Fetal Deaths and Deaths 
§3l. Live birth defined; duty of physician, midwife, superintendent of hospital, 
parents and others to .report; confidential supplementary medical re- 
port; registry to he kept. 
(a) The term “live birth” as used in this article shall mean a child born 
alive, and a child shall be deemed to have been born alive if there was a sign of 
life such as respiration, heart beat or movement of voluntary muscle, after the 
complete separation of the body of the child (head, trunk and limbs) from the 
body of the mother, notwithstanding whether the cord was or was not cut or the 
placenta was or was not removed. 
(b) It shall be the duty of every physician and midwife who has assisted 
professionally at a live birth occurring in the City of New York, within two (2) 
days after such birth, to execute and file with the Bureau of Records of the 
Department of Health in the borough wherein such birth occurred, a certificate 
of birth, together with a supplementary medical report of said birth, upon forms 
furnished by said Department. When a live birth occurs in a hospital, maternity 
home, nursing home, or other similar institution, or on an ambulance service 
connected therewith, the physician or midwife assisting professionally at such 
birth shall execute the certificate of birth, together with the supplementary 
medical report of said birth, as required herein, and it shall be the duty of the 
superintendent of the hospital, home or institution, to file said certificate and 
report, in the manner and within the time hereinbefore provided. SANITARY CODE 
17 
(c) When a live birth occurs in the City of New York in the absence of a 
physician or midwife, it shall be the duty of the parent or parents, and if there be 
no parent alive, then of the next of kin of the child and of every other person 
present at such birth, within two (2) days after such birth, to execute and file 
with the Bureau of Records of the Department of Health in the borough wherein 
such birth occurred, upon a form furnished by said Department, a certificate of 
birth containing the information called for in items 1 to 9 inclusive of sub- 
division (d) hereof. 
(d) There shall be no specific statement on the certificate of birth, indicating 
whether the child was born in or out of wedlock, or the marital name or status 
of the mother. Such certificate of birth shall contain: 
(1) The full name of the child as nearly as the same can be ascertained. 
(2) The date of birth, the name of the month being written in full. 
(3) The borough, street, and house number of the premises wherein 
such birth occurred; or if in a hospital or other institution, the 
name thereof. 
(4) The sex of the child. 
(5) The color or race of the child. 
(6) The number of children born of this pregnancy; and if more than 
one, the number of this child in order of birth. 
(7) The full name, birthplace, age, color or race, occupation and in- 
dustry, of the father of the child. 
(8) The maiden name, residence, birthplace, age, color or race, occupa- 
tion and industry, of the mother of the child. 
(9) The number of previous children born alive to this mother, the num- 
ber still living immediately before this birth, and the number 
born alive who died before this birth. 
(10) A certification by the physician or midwife, that he or she assisted 
professionally at the birth, that the birth occurred on the date, at 
tthe hour, and at the place mentioned therein, and that all the 
other facts stated in the certificate are true to the best of his or 
her knowledge, information and belief. 
(11) The signature and residence of the person reporting the birth, and 
the date on which the certificate was signed. 
(12) Any other data or information which the Board of Health may from 
time to time prescribe. 
(e) The supplementary medical report of a live birth shall contain such 
medical information pertaining to said birth as the Board of Health may 
prescribe. The information required and given by the physician or midwife in 
the supplementary medical report of said birth shall be deemed not a part of the 
certificate of birth. The supplementary medical report shall be regarded and 
treated as a confidential and privileged communication, and shall not be subject 
to subpoena or open to inspection for any purpose whatsoever, except for scientific 
purposes approved by the Board of Health. 
(f) It shall be the duty of every physician and midwife to make and to pre- 
serve indefinitely a registry of the several live births occurring in the City of New 
York at which he or she has assisted professionally. Such registry shall contain 
an entry for each such birth giving all the information required on the certificate 
of birth. The registry required to be kept by this section shall be made on forms 
furnished by the Department of Health. When such birth occurs in a hospital, 
maternity home, nursing home or other similar institution, or on an ambulance ser- 
vice connected therewith, the physician or midwife shall make the entry in the 
registry, and it shall be the duty of the superintendent of such hospital, home or 
institution, to preserve such registry indefinitely as a part of the records of the 
said hospital, home or institution. 
This Section to take effect January 1, 1939. 
(Former §3l repealed and new §3l adopted December 12, 1938. Subdivisions 
(6), (c) and \d) amended June 13, 1939, effective Sept. 15, 1939). 
§32. Fetal death defined; duty of physician, midwife, superintendent of hospi- 
tal, parents and others to report; confidential supplementary medical 
report; registry to be kept; duty of funeral director. 
(a) The term “fetal death” as used in this article shall mean a stillbirth or a 
fetus delivered at an abortion (spontaneous, therapeutic or induced), that is, a 
fetus born dead, including a fetus recovered at operation in a case of ectopic 18 
SANITARY CODE 
gelation, by caeserian section, and a hydatid or hydatidiform mole delivered spon- 
taneously or by operation. 
The term “born dead” shall apply to any fetus in which there was no sign 
of life, such as respiration, heart beat or movement of voluntary muscle, after 
complete separation (head, trunk and limbs) from the body of the mother, not- 
withstanding whether the cord was or was not cut or the placenta was or was not 
removed. 
(b) When a fetus is born dead (fetal death) in the City of New York, it 
shall be the duty of the physician who has assisted professionally at the delivery, 
extraction or expulsion of such dead fetus, or the midwife who has assisted pro- 
fessionally at the delivery of such dead fetus, within twenty-four (24) hours 
thereof, to execute and file with the Bureau of Records of the Department of 
Health in the borough wherein such delivery, extraction or expulsion occurred, a 
certificate of fetal death, together with a supplementary medical report of said 
fetal death, upon forms furnished by the said Department. When a fetal death 
occurs in a hospital, maternity home, nursing home, or other similar institution, 
or on an ambulance service connected therewith, the physician or midwife assist- 
ing professionally at the delivery, extraction or expulsion of such dead fetus shall 
execute the certificate of fetal death, together with the supplementary medical 
report of said fetal death, as required herein, and it shall be the duty of the 
superintendent of the hospital, home or institution, to file said certificate and 
report, in the manner and within the time hereinbefore provided. 
(c) When a fetus is born dead (fetal death) in the City of New York, it 
shall also be the duty of the midwife who has assisted professionally at the de- 
livery of such dead fetus, to report such fetal death at once by telephone or mes- 
senger to the Child Health Service of the Department of Health in the borough 
wherein such fetal death occurred. In all such cases, the midwife shall execute 
the certificate of fetal death and leave it at the place of fetal death for counter- 
signing by a medical inspector of said Department and then file the certificate in 
the manner and within the time hereinbefore provided. 
(d) When a fetus is born dead (fetal death) in the City of New York in the 
absence of a physician or midwife, it shall be the duty of the parent or parents, 
and if there be no parent alive, then of every other person present at such fetal 
death, to report such fetal death immediately by telephone to the office of the 
Chief Medical Examiner in the borough in which said fetal death occurred. It 
shall also be the duty of every person who finds a dead fetus to make a similar 
report. The Chief Medical Examiner, in every fetal death investigated by him or 
his office, shall execute and file a certificate of fetal death, upon a form provided 
by the Department of Health, with the Bureau of Records of said Department in 
the borough wherein the fetal death occurred, or the fetus was found, within 
twenty-four (24) hours of the fetal death, or the finding of the fetus. If the 
required information is not completely available, a tentative certificate of fetal 
death, giving all available information, shall be filed by the Chief Medical Ex- 
aminer in the time period hereinbefore provided, and such tentative certificate 
of fetal death shall be replaced by a permanent certificate of fetal death when the 
missing information shall be available, or the case is closed in the Chief Medical 
Examiner’s records. 
(e) The certificate of fetal death shall contain the information similar to 
that required for a live birth in Items 2 to 12 inclusive of subdivision (d) of 
Section 31 and, in addition thereto, a statement of the cause of the fetal death. 
(f) The supplementary medical report of a fetal death shall contain such 
medical information pertaining to the fetal death as the Board of Health may 
prescribe. The information required and given by the physician or midwife 
in the supplementary medical report of said fetal death, shall be deemed not a 
part of the certificate of fetal death. The supplementary medical report shall be 
regarded and treated as a confidential and privileged communication, and shall 
not be subject to subpoena or open to inspection for any purpose whatsoever, ex- 
cept for scientific purposes approved by the Board of Health. 
(g) It shall be the duty of every physician and midwife to make and pre- 
serve indefinitely a registry of the several fetal deaths occurring in the City of 
New York at which he or she was in professional attendance. Such registry shall 
contain an entry for each fetal death giving all the information required on the 
certificate of fetal death. The registry required to be kept by this section shall 
be made on forms furnished by the Department of Health. When such fetal 
death occurs in a hospital, maternity home, nursing home, or other similar insti- 
tution, or on an ambulance service connected therewith, the physician or mid- SANITARY CODE 
19 
wife shall make the entry in the registry and it shall be the duty of the superin- 
tendent of such hospital, home or institution, to preserve such registry 
indefinitely as a part of the records of the said hospital, home or institution, 
(h) A person required by this section to file with the Bureau of Records a 
certificate of fetal death together with a supplementary medical report of said 
fetal death shall be deemed to have fulfilled such requirement if he delivers the 
certificate of fetal death and such supplementary medical report, immediately 
upon demand and within the prescribed time limit for the filing thereof, to a 
funeral director who holds a permit from the Department of Health or the Board 
of Health of said Department to engage in the business or practice of undertaking 
in the City of New York, and who has been duly authorized by the nearest 
surviving relative to take charge of the fetus. A funeral director who, pursuant 
to the provisions of this section, obtains such a certificate of fetal death and sup- 
plementary medical report, shall be required to file such certificate and report 
with the Bureau of Records in the same manner and within the period of time 
hereinbefore provided for filing thereof. Where the fetus has been delivered 
to the City Mortuary, the delivery of the certificate of fetal death and the sup- 
plementary medical report to the representative of the City Mortuary shall be 
deemed equivalent to delivery to a duly qualified funeral director. 
This section to take effect January 1, 1939. 
(Former §32 repealed and new §32 adopted December 12, 1938. Subdivision 
(e) amended June 13, 1939, effective Sept. 15, 1939). 
§33. Deaths; duty of physician and superintendent of hospital to report and 
keep registry; confidential medical repprt; Medical Examiner to re- 
port deaths; duty of funeral directors. 
(a) It shall be the duty of the physician who has attended a person in his 
or her last illness and whose death occurred in the City of New York, within 
twenty-four (24) hours after such death, to execute and file with the Bureau of 
Records of the Department of Health in the borough wherein such death occurred, 
a certificate of death upon forms furnished by said Department. When a death 
occurs in a hospital, maternity home, nursing home, or other similar institution, 
the physician who attended such deceased in his or her last illness shall execute 
the certificate of death, as required herein, and it shall be the duty of the super- 
intendent of the hospital, home or institution to file said certificate in the manner 
and within the time hereinbefore provided. 
(b) The certificate of death shall be in such form and contain such data and 
information as the Board of Health may from time to time prescribe. Where 
the Board of Health prescribes that the medical diagnosis of the cause of death 
be not stated on the certificate of death but be reported separately on a physician’s 
confidential medical report, the physician shall detach the confidential medical 
report from the certificate of death, place the said report in the envelope pro- 
vided for that purpose by the Department, seal and sign the envelope as directed 
thereon, and file it together with the certificate of death. The physician’s confi- 
dential medical report of a death, required to be filed with such certificate of 
death, shall be deemed not a part of the certificate of death and shall be regarded 
and treated as a confidential and privileged communication, and shall not be 
subject to subpoena or open to inspection for any purpose whatsoever, except for 
scientific purposes approved by the Board of Health. 
(c) It shall be the duty of every physician to make and preserve indefinitely 
a registry of the several deaths occurring in the City of New York at which the 
physician attended the deceased in his or her last illness. Such registry shall 
contain an entry for each death including such data and information as the Board 
of Health may from time to time prescribe, and shall be kept bv the physician on 
forms furnished by the Department of Health. When a death occurs in a hos- 
pital, maternity home, nursing home, or other similar institution, the physician 
who attended the deceased in his or her last illness shall make the entry in the 
registry, and it shall be the duty of the superintendent of such hospital, home or 
institution, to preserve such registry indefinitely as a part of the records of said 
hospital, home or institution. 
(d) When a person dies from criminal violence, by casualty, by suicide, 
suddenly when in apparent health, unattended by a physician, in prison, or in any 
suspicious or unusual manner, it shall be the duty of the physician who has 
responded to a call to attend such person, and if such a death occurred in a 
hospital, maternity home, nursing home, or other similar institution, the duty 
of the superintendent thereof, to report such death immediately by telephone to 20 
SANITARY CODE 
the office of the Chief Medical Examiner in the borough in which such death 
occurred. The Chief Medical Examiner, in every death investigated by him or 
his office, shall execute and file a certificate of death, upon a form provided by 
the Department of Health, with the Bureau of Records of said Department in 
the borough wherein the death occurred, or the body was found, within twenty- 
four (24) hours of the death, or of the finding of the body. If the dead person 
has not been identified or if the diagnosis is not complete, a tentative certificate 
of death, giving all available information, shall be filed by the Chief Medical 
Examiner in the time period hereinbefore provided, and such tentative certificate 
of death shall be replaced by a permanent certificate of death when the missing 
information shall be available, or the case is closed in the Chief Medical Exam- 
iner’s records. 
(e) A person required by this section to file with the Bureau of Records a 
certificate of death, or a certificate of death and a properly sealed envelope con- 
taining the physicion’s confidential medical report of death, shall be deemed 
to have fulfilled such requirement if he delivers the certificate of death, or such 
certificate and sealed envelope containing the physician’s confidential medical 
report, immediately upon demand and within the prescribed time limit for filing 
thereof, to a funeral director who holds a permit from the Department of Health 
or the Board of Health of said Department to engage in the business or practice 
of undertaking in the City of New York, and who has been duly authorized 
by the nearest surviving relative, or if there be none, by a friend of the deceased, 
to take charge of the body. A funeral director who, pursuant to the provisions 
of this section, obtains such a certificate of death, or such certificate and sealed 
envelope containing the physician’s confidential medical report of death, shall be 
required to file such certificate, or such certificate and sealed envelope, with the 
Bureau of Records in the same manner and within the period of time hereinbefore 
provided for the filing thereof. Where the body has been delivered to the City 
Mortuary, the delivery of the certificate of death, or the certificate of death and 
sealed envelope, to the representative of the City Mortuary shall be deemed 
equivalent to delivery to a duly qualified funeral director. 
This Section to take effect January 1, 1939. 
(Former §33 repealed and new §33 adopted December 12, 1938). 
§34. No fee to be charged for executing and filing of certificate of birth, fetal 
death or death; order of Commissioner of Health for filing thereof.— 
No person required by this article to file a certificate of birth, fetal death 
or death, or any confidential medical report relating thereto, shall fail to file such 
certificate and confidential medical report respectively for each live birth, fetal 
death or death, with the Bureau of Records of the Department of Health in the 
manner and in the respective periods provided in this article; nor after the 
expiration of such respective periods fail to comply with an order of the Com- 
missioner of Health, requiring such certificate of birth, fetal death or death, or 
any confidential medical report relating thereto, to be filed with said Bureau of 
Records; nor shall such person charge, demand or extract any fee for the making, 
executing or filing of such certificate of birth, fetal death or death, or any 
confidential medical report relating thereto. 
This Section becomes effective January Ist, 1939. 
(Former §34 repealed December IU, 1937; new §3i adopted December 12, 
1938). 
§35. Persons who perform the marriage ceremony must register.* (Repealed 
May 10, 1938). 
§36. False certificates, statements, and reports. 
No person shall make, prepare, deliver, or issue any false certificate, state- 
ment, or report, of a birth or death, or any certificate, statement, or report, 
which is not in accordance with the facts of the birth or death. All certificates, 
statements, and reports, of births or deaths, shall be signed by the person pur- 
porting to make the same, and no person shall sign or forge the name of another 
to any such certificate, statement, or report. 
To take effect January 1, 1938. (S. C., §162; amended December H, 1937). 
* Persons performing marriage ceremony in New York City must register with City Clerk. 
Sec. 11-b Domestic Relations Daw, added by Ch. 608, L. 1938. SANITARY CODE 
21 
§37. Dead bodies of human beings; permit to carry or convey required; ex- 
ception. 
No captain, agent, or other person, having charge of or attached to any 
ferryboat or sailing or other vessel, or any person in charge of any public or 
private vehicle or conveyance, shall convey or allow to be conveyed, thereon or 
therein, from, through, into, or within the city of New York, nor shall any person 
carry or convey, or allow to be carried or conveyed, in any manner, from, 
through, into, or within the said city, the dead body of any human being, or any 
part thereof, without a permit therefor issued by the board of health or other- 
wise than in accordance with the terms of such permit and the regulations of said 
board; provided, however, that the same effect shall be given, under this section, 
to a transit permit issued by boards of health, health officers, registrars, or other 
duly authorized persons, in any state of the United States whose rules and regu- 
lations for the transportation of the dead shall, when such permit is issued, be in 
material accord with those at the time in force in the city of New York, as 
though such permit were issued by the board of health of the city of New York. 
(S. C., §163). 
§3B. Dead bodies of human beings; transit permit .required; conditions under 
which said permit will be granted. 
No transit permit shall be granted for the removal, burial, or other disposi- 
tion of the remains of any person who shall have died in the city of New York 
unless a certificate of death, prepared upon a form furnished by the department 
of health and signed as hereinafter provided, shall have been filed in the said 
department. 
Such certificate must be signed by a physician upon whom has been conferred 
the degree of doctor of medicine, or by a physician who has been granted a 
license after a medical examination conducted by the New York state board of 
medical examiners, the questions for which have been prepared by the board of 
regents of said state, (S. C., §l63a). 
§39. Dead bodies of human beings not to be retained or exposed. 
The manager or superintendent of any public or private hospital wherein a 
mortuary is not maintained for the temporary retention of the remains of persons 
deceased therein shall forthwith permit the removal of the remains of such de- 
ceased persons upon presentation by an undertaker of a removal permit duly 
issued by the department of health. (S. C., §164; amended Aug. 10, 1922). 
§4O. Dead bodies of human beings not to be retained unburied. 
No person shall retain unburied the dead body of any human being for a 
longer period than 4 days after the death of such person, without a permit from 
the sanitary superintendent, an assistant sanitary superintendent, or the director 
of the bureau of infectious diseases, which permit shall specify the length of time 
during which such body may be so retained. (S. C., §165). 
§4l. Dead bodies of human beings; duty of persons discovering such bodies 
to communicate with department of health. 
It shall be the duty of every person who has discovered or seen the body of 
a dead human being or any part thereof (if there is reason for such person to 
think that the fact of the death, or the place of such body, or part thereof, is not 
publicly known), to immediately communicate to the department of health the 
fact that such person has discovered or seen such body, the place where, and 
time when, such body was discovered or seen, and (if known) the place where 
such body is or may be found, and any facts known by which such body may be 
identified or the cause of death ascertained. (S. C., §166). 
§42. Dead bodies of human beings; interment, cremation, or other disposi- 
tion; permit required. 
No interment, cremation, or other disposition, of the dead body of any human 
being, shall be made in the city of New York without a permit therefor issued by 
the board of health or otherwise than in accordance with the terms of such 
permit and the regulations of said board, and the said dead body shall be placed 
in a metallic or tin-lined box, or a box so constructed as to prevent the issuance 
of any liquids therefrom. No sexton or other person shall assist in, assent to, or 
allow the interment, cremation, or other disposition of any such body, or aid 22 
SANITARY CODE 
the preparation of or assist in preparing any grave or place of deposit for any 
such body, unless a permit shall have been issued, as hereinbefore provided, 
authorizing such interment, cremation, or other disposition of such body; and it 
shall be the duty of every person who shall receive any such permit to return 
such permit to the department of health in accordance with the regulations of 
the board of health. (S. C., §167). 
§43. Sextons; to register with Department of Health. 
Every person who acts as a sexton in the city of New York, or has the charge 
or care of any crematory, vault, tomb, burying-ground, or cemetery for the re- 
ception of the dead bodies of human beings, or any place wherein the bodies of 
human beings are deposited, shall cause his or her name and address, and every 
change of address, and the character of his or her duties, to be registered with 
the bureau of records of the department of health. (S. C., §169; amended Decem- 
ber 31, 1919). 
§44. Duties of sextons and other persons. 
Every sexton and other person having charge of any crematory, burying- 
gi'ound, cemetery, tomb, or vault, in the city of New York, shall, before 12 
o’clock on Monday of each week, make a return to the department of health, 
which return shall set forth a record of the receipt and disposition of each body 
buried or cremated since the last return, and which said return shall be in such 
form, and shall specify such additional particulars, as the regulations of the 
board of health shall require. (S. C., §170). 
§45. Crematories, burying-grounds, cemeteries, tombs, and vaults; permit 
required to establish, to bury, and to open receptacle; burial of dead 
body restricted. 
No new crematory, burying-ground, cemetery, tomb, or vault to be used for 
the reception of dead human bodies shall be established, nor shall any dead body, 
or the remains thereof, be placed in any existing burying-ground, vault, tomb, or 
cemetery, in the city of New York, nor shall any grave, vault, tomb, or other 
receptacle in which there is a human body or any part thereof, be opened, ex- 
posed, or disturbed, without a permit therefor issued by the board of health or 
otherwise than in accordance with the terms of such permit and the regulations 
of said board, and every body buried in any such place shall be buried to a depth 
of 6 feet below tbe surface of the ground, and 4 feet below any closely adjacent 
street, except that, in the borough of Queens, a body may be buried to the depth 
of 3 feet below the surface of the ground. (S. C., §168). 
§46. Business of undertaking regulated; permit required. 
No person, firm, or corporation shall carry on or engage in the business or 
practice of undertaking in the city of New York without a permit therefor, is- 
sued by the board of health, or otherwise than in accordance with the terms of 
said permit and the regulations of said board. (The provisions of this section 
shall take effect February 1, 1920), (Adopted December 31, 1919). 
ARTICLE 4 
Buildings 
Section 51. Joint and several responsibility of owner, lessee, tenant, and occu- 
pant for existence of nuisance or violation of sanitary code. 
52. Inadequate strength, ventilation, light, and sewerage, of buildings, 
and conditions therein dangerous or prejudicial to life or health, 
forbidden. 
53. Nuisances, conditions dangerous and prejudicial to lift or health; 
duties of owners, tenants, lessees, occupants, and persons in charge 
of buildings and lots. 
54. Dwellings; sanitary conditions; duties of owner and lessee. 
55. Theatres, manufactories, and workrooms; sanitary conditions, light- 
ing, heating, and ventilation. 
56. Lodging-houses, boarding-houses, or manufactories, not to be over- 
crowded. SANITARY CODE. 
23 
57. Schools, gymnasiums, and places of public worship; duties and 
responsibilities of persons in charge. 
58. Stables; to be maintained in accordance with the regulations of the 
board of health. 
59. Roof and skylights to be kept in good repair. 
60. Walls and ceilings to be clean. 
61. Water tanks on roofs of buildings; their use regulated. 
62. Sleeping in cellars or in any place dangerous or prejudicial to life 
or health, prohibited. 
§5l. Joint and several responsibility of owner, lessee, tenant, and occupant 
for existence of nuisance or violation of sanitary code. 
The owner, lessee, tenant, and occupant of every building or premises, or of 
any part thereof, where there shall be a nuisance, or a violation of any section of 
the sanitary code, shall be jointly and severally liable therefor, in so far as they, 
respectively, have the power to prevent or abate such nuisance or prevent such 
violation, and, to such extent, each of them may be required to abate the nuisance, 
or comply with the order of the board of health in respect to such building, 
premises, or part thereof. (S. C., §l3). 
§52. Inadequate strength, ventilation, light, and sewerage, of buildings, and 
conditions therein dangerous or prejudicial to life or health, for- 
bidden. 
No person, persons, or corporation, shall hereafter, in the city of New York, 
erect or cause to be erected, or convert or cause to be converted to a new purpose 
by alteration, any building or structure, or change or cause to be changed the 
construction of any part of any building or structure by addition or otherwise, 
so that it, or any part thereof, shall be inadequate or defective in respect to 
strength, ventilation, light, sewerage, or any other usual, proper, or necessary 
provision or precaution for the security of life and health; nor shall the builder, 
owner, lessee, tenant, or occupant of any building or structure in the said city 
cause or allow any matter or thing to be or to be done in or about such building or 
structure dangerous or prejudicial to life or health. (S. C., §l6). 
§53. Nuisances, conditions dangerous and prejudicial to life or health; duties 
of owners, tenants, lessees, occupants, and persons in charge of build- 
ings and lots. 
Every owner, lessee, tenant, occupant or person in charge of any building or 
premises within or adjacent to the built-up portions of the city of New York shall 
keep and cause to be kept the sidewalk, flagging and curbstone abutting on said 
building or premises free from obstructions and nuisances of every kind, and shall 
sweep and remove or cause to be swept and removed therefrom all garbage, refuse, 
filth, dirt, and other offensive material and shall keep such sidewalk, flagging, and 
curbstone free from garbage, refuse, filth, dirt, and other offensive material. 
Every such sidewalk, flagging, or curbstone shall be spattered with wet sawdust, 
paper or sand, sprinkled with water, or some other equally effective method or 
material used, to prevent and avoid the raising of dust when such garbage, refuse, 
filth, dirt, or other offensive material is swept or removed therefrom. Such gar- 
bage, refuse, filth, dirt, and other offensive material removed from the sidewalk, 
flagging or curbstone may be piled in the gutter or roadway between the hours of 
six and eight o’clock in the morning, but shall not be put or placed in, or swept, 
shovelled, thrown, emptied, or deposited into, the gutter or roadway at any other 
time. No such owner, tenant, lessee, occupant or person in charge shall allow 
anything in, on, or about such building or premises, or any condition arising or 
existing therein or thereon, to become a nuisance, or dangerous or prejudicial to 
life or health. (S. C., §4l; amended December 28, 1916 and October 30, 1918). 
§54. Dwellings; sanitary conditions; duties of owner and lessee. 
No owner or lessee of any building, or any part thereof, shall lease or let or 
hire out or allow the same or any part thereof to be occupied by any person, or 
allow any one to dwell or lodge therein, except when said building or such parts 
thereof are sufficiently lighted, ventilated, provided, and accommodated, and are 
in all respects in that condition of cleanliness and wholesomeness for which this 
code or any law of this state provides, or in which the said code or any such law 
requires any such premises to be kept. Nor shall any such person, having power 24 
SANITARY CODE. 
to prevent the same, rent, let, hire out, or allow, to be used as or for a place of 
sleeping or residence, any cellar in any building, or any room of which the floor is 
damp by reason of water from the ground, or which is impregnated or penetrated 
by any offensive gas, smell, or exhalation, prejudicial to health. (S. C., §l7). 
§55. Theatres, manufactories, and workrooms; sanitary conditions, lighting, 
heating, and ventilation. 
The owner, agent, lessee, tenant, manager, and person conducting every 
theatre, auditorium, assembly hall, factory, workroom, store, or office, shall cause 
every part thereof and its appurtenances to be put, and shall thereafter cause the 
same to be kept, in a cleanly and sanitary condition, and shall cause every room 
thereof to be adequately lighted; shall provide, in each room thereof, proper and 
sufficient means of ventilation by natural or mechanical means, or both, and 
maintain proper degrees of temperature and humidity in every room thereof; 
and shall cause every part of any such place to be provided with such accommo- 
dations and safeguards, as not, by reason of the want thereof, or by reason of 
anything about the condition of such place or its appurtenances, to cause any 
unnecessary danger or detriment to the life or health of any person being prop- 
erly therein or thereat. (S. C., §22). 
§56. Lodging-houses, boarding-houses, or manufactories not to be over- 
crowded. 
No owner, lessee, or keeper of any lodging-house, boarding-house, factory, 
work-room, store, office, or place of business, shall cause or allow the same to be 
overcrowded or cause or allow so great a number of persons to dwell, be, or sleep 
in any such house, or any portion thereof, as thereby to cause any danger or detri- 
ment to life or health. (S. C., §l9). 
§57. Schools, gymnasiums, and places of public worship; duties and respon- 
sibilities of persons in charge. 
No master or teacher, or manager of, or in, any school, public or private, or 
of or in any Sunday-school or gymnasium, or the officer thereof, or officer or 
manager or person having charge of any place of public worship, shall so far omit 
or neglect any duty or reasonable care or precaution respecting the safety or 
health of any scholar, pupil, or attendant, or respecting the temperature, ventila- 
tion, cleanliness, or strength, of any church, hall of worship, school house, school- 
room, or place of practice or exercise connected therewith, or relative to anything 
appurtenant thereto, so that by reason of such neglect or omission, the life or 
health of any person shall suffer or incur any avoidable peril or detriment. 
(S. C., §25). 
§5B. Stables; to be maintained in accordance with the regulations of the 
board of health. 
No stable shall be maintained in the city of New York, without a permit 
therefor issued by the board of health or otherwise than in accordance with the 
terms of said permit and with the regulations of said board. The provisions of 
this section shall apply to the owner, lessee, tenant, occupant, or person in charge 
of such stable. 
§59. Roofs and skylights to be kept in good repair. 
The roofs, skylights, walls, and windows of all buildings shall be kept in a 
condition of good repair so that rain water shall not enter the building. (S. C., 
§24). 
§6O. Walls and ceilings to be clean. 
All filthy and dirty walls and ceilings of any building, including the walls 
and ceilings of the cellars thereof, shall be thoroughly cleaned and whitewashed 
whenever required by the department of health. (S. C., §23). 
§6l. Water tanks on roofs of buildings; their use regulated. 
Every tank for holding water located on the roof or external part of a build- 
ing shall be kept completely covered with a tight-fitting cover. Every tank from 
which water is furnished for drinking and domestic purposes shall be emptied and 
the inside thoroughly cleaned at least once a year and at such other times as may 
be directed by the sanitary superintendent or an assistant sanitary superintendent 
of the department of health. (S. C., §62a; amended December 21, 1915). SANITARY CODE 
25 
§63. Sleeping in cellars or in any place dangerous or prejudicial to life or 
health, prohibited. 
No person having the right and power to prevent the same shall knowingly 
cause or permit any person to sleep or remain in any cellar, in any bathroom, in 
any room where there is a water-closet, or in any place dangerous or prejudicial 
to life or health, by reason of the want of ventilation or drainage, or by reason of 
the presence of any poisonous, noxious, or offensive odor or substance, or other- 
wise. (S. C., §18). 
ARTICLE 5 
Section 71. The term “food” defined. 
72. Cold storage food to be marked. 
73. Time that cold storage food may be kept. 
74. Food when once released for the purpose of placing same on the 
market for sale not to be returned to cold storage. 
75. Food kept in cold storage not to be sold without representing the 
fact of such storage. 
Cold Storage 
§7l. The term “food” defined. 
The term food as used in this article shall include any article, except nuts, 
fruits, cheese and vegetables, used for food by man or animal and every ingredient 
of such article. 
§72. Cold storage food to be marked. 
It shall hereafter be unlawful for any person or persons, corporation or cor- 
porations, engaged in the business of cold storage warehousemen or in the busi- 
ness of refrigerating, to receive any kind of food unless the said food is in an 
apparently pure and wholesome condition, and the food or the package containing 
the same is branded, stamped or marked, in some conspicuous place, with the day, 
month and year when the same is received in storage or refrigeration. 
It shall be unlawful for any person or persons, corporation or corporations, 
engaged in the business of cold storage warehousemen or in the business of re- 
frigerating, to permit any article of any kind whatsoever used for food in the 
possession of any person or persons, corporation or corporations, engaged in the 
business of cold storage warehousemen or refrigerating, to be taken from their 
possession without first having branded, stamped or marked on said food stuffs 
or the package containing same, in a conspicuous place, the day, month and year 
when said food stuffs or package was removed from cold storage or refrigeration. 
It shall also be unlawful for any person or persons, corporation or coi*pora- 
tions, to offer for storage in a cold storage warehouse or to place in storage in a 
cold storage warehouse any article of food unless the same is in an apparently 
pure and wholesome condition. 
§73. Time that colt! storage food may be kept. 
It shall hereafter be unlawful for any person, corporation or corporations, 
engaged in the business of cold storage warehousemen or refrigerating, or for 
any person or corporation placing food in a cold storage warehouse, to keep in 
storage for preservation or otherwise any kind of food or any article used for 
food a longer period than twelve calendar months. (Amended December 31, 
1918). 
§74. Food when once released for the purpose of placing same on market fo,r 
sale not to be returned to cold storage. 
When food has been in cold storage or refrigeration and is released there- 
from for the purpose of placing the same on the market for sale it shall be a 
violation of the provisions of this article to again place such food in cold storage 
or refrigeration. 
§75. Food kept in cold storage not to be sold without representing the fact 
of such storage. 
It shall be a violation of the provisions of this article to sell any article or 
articles of food that have been kept in cold storage or refrigeration, without 
representing the same to have been so kept. 26 
SANITARY CODE 
Medical Examiners 
ARTICLE 6 
§BO. Duties of medical examiners. (Repealed June 13, 1939). 
ARTICLE 7 
Section 86. Duty of persons in charge of hospitals, and of physicians, to report 
certain diseases and conditions. 
87. Duty of every person to report persons affected with a communicable 
disease. 
88. Duty of persons in charge of hospitals, dispensaries and other in- 
stitutions and of physicians, to report cases of venereal diseases. 
89. Isolation of persons affected with communicable disease, etc.; 
quarantine of premises and exclusion of contacts. 
90. Criminal abortion or miscarriage; duty to report. 
91. Puerperal septicemia, ophthalmia neonatorum, and acute epidemic 
conjunctivitis (suppurative conjunctivitis, pink eye); duty of per- 
sons in charge of schools, dispensaries, and other institutions, and 
of physicians, to report. 
92. Occupational diseases and injuries; duty of persons in charge of 
hospitals, institutions, and dispensaries, and of physicians, to re- 
port. 
93. Group of cases of food poisoning; duty of person in charge of hos- 
pitals, and of physicians, to report. 
94. Exclusion of children from school or agency giving day care to 
children. 
95. Exclusion of teachers, instructors and others affected with certain 
communicable diseases. 
96. Isolation of persons affected with communicable diseases in institu- 
tions. 
97. Removal of persons affected with any communicable disease or 
carrier of communicable disease germs authorized. 
98. Conveying of persons affected with a communicable disease through 
public streets regulated. 
99. Persons having a communicable disease not to engage in manufac- 
turing in tenement houses or multiple dwellings. 
100. Acts tending to promote spread of disease prohibited. 
101. Concurrent and terminal disinfection, cleansing and renovation of 
premises, furniture, belongings and apparatus. 
102. Dispensaries and clinics for treatment of communicable disease; 
regulated. 
108. Duties of undertakers; conduct of funerals where death has been 
caused by certain communicable diseases. 
104. Fumigants, exterminators and insecticides; permits, use, sale and 
distribution regulated. 
105. Clinical laboratories regulated. 
107. X-ray laboratories; permit required. 
108. Blood donors regulated; blood donors, professional and voluntary 
blood donors defined; registration of professional blood donors; 
blood banks regulated. 
109. Blood donor agency. 
110. Lying-in institutions and new-born nurseries regulated. 
111. Sale or use of lead nipple shields prohibited. 
Diseases 
§B6. Duty of persons in charge of hospitals, and of physicians, to report cer- 
tain diseases and conditions. 
1. It shall be the duty of the manager, superintendent, or person in charge, 
of every hospital, institution, or dispensary, in the City of New York, to report in 
writing to the Department of Health, the full name, address and age of every 
occupant or inmate thereof, or person treated therein, affected with any one of 
the diseases or conditions mentioned in subdivision 2 hereof, stating the name of SANITARY CODE 
27 
the disease or condition and the date of onset, within twenty-four hours after the 
time when the case is diagnosed, except that in syphilis, gonnorrhea and chan- 
croid the initials instead of the name may be given. It shall be the duty of every 
physician in the said City to make a similar report to the said Department within 
the same period, relative to any person found by such physician to be affected 
with any one of the said diseases or conditions. 
The word “condition” as used in this section shall be taken to mean any of 
those reportable pathological conditions or matters listed herein under the 
headings entitled “Occupational Diseases and Injuries,” “Food Poisoning,” “Com- 
municable Disease Carriers” and “Miscellaneous.” 
Wherever in said list reference is made to another section of the Sanitary 
Code, any additional requirements or reporting of additional information pre- 
scribed in such other section shall be complied with. 
Wherever in said list any disease or condition is marked by an asterisk (*), 
such disease or condition shall be reported immediately by telephone or messenger 
in addition to the written report as required herein, and provided further, that 
if the disease is diphtheria, dysentery (amebic or bacillary), scarlet fever, 
streptococcus sore throat (epidemic), typhoid or paratyphoid fever, every such 
report shall also show whether any member of the household in which the patient 
resides is engaged or employed in a food handling occupation and especially in 
the handling of milk, cream or other dairy products for sale or preliminary to 
sale. 
2. The reportable diseases and conditions are as follows: 
A. COMMUNICABLE DISEASES 
Ancylostomiasis (hookworm disease). 
*Anthrax. 
Chancroid (see section 88). 
Chicken pox (varicella). 
*Cholera (Asiatic). 
Conjunctivitis, acute infectious. 
(a) Ophthalmia neonatorum (see sections 91 and 201). 
(b) Acute epidemic conjunctivitis (suppurative conjunctivitis, pink 
eye) (see section 91). 
*Diarrhea in the new boim up to three weeks of age occurring in a new 
born nursery. 
Diphtheria. 
Dysentery. 
(a) Amebic (including amebiasis). 
(b) Bacillary. 
Encephalitis, epidemic, acute. 
German measules (rubella or rdtheln). 
Glanders. 
Gonococcal infection (gonorrhea) (see section 88). 
* Impetigo contagiosa neonatorum occurring in a hospital giving mater- 
nity service. 
Influenza. 
Leprosy. 
Leptospirosis icterohemorrhagica (Weil’s disease). 
Lymphogranuloma venereum (venereal lymphadinitis, Durant-Nicho- 
las-Favre). 
Malaria. 
Measles (rubeola). 
Meningitis, meningococcus (epidemic cerebrospinal meningitis). 
Mumps (parotitis, epidemic). 
Paratyphoid fever. 
*Plague, bubonic. 
Pneumonia, all forms. 
* Poliomyelitis, anterior, acute (infantile paralysis). 
* Psittacosis (parrot fever). 
*Rabies (human). 
Rocky Mountain spotted fever. 
Scarlet fever (scarlatina). 
Septicemia, puerperal (see section 91). 
*Smallpox (variola). 
Streptococcus sore throat, epidemic (septic sore throat). 28 
SANITARY CODE 
Syphilis (see section 88). 
Tetanus. 
Trachoma. 
Trichinosis. 
Tuberculosis, all forms. 
Tularemia. 
Typhoid fever. 
Typhus fever. 
Undulant fever (Malta fever). 
Whooping cough (pertussis). 
Yellow fever. 
B. COMMUNICABLE DISEASE CARRIERS 
*Cholera (Asiatic). 
Diphtheria. 
Dysentery. 
(a) Amebic (including amebiasis). 
(b) Bacillary. 
Meningococcus. 
Paratyphoid fever. 
Typhoid fever. 
C. FOOD POISONING 
Botulism. 
*Food poisoning—group of cases (see section 93) 
D. OCCUPATIONAL DISEASES AND INJURIES 
Caisson disease (compressed air illness). 
Poisoning by; 
Aniline and its derivatives. 
Arsenic. 
Benzol (benzene) and its derivatives. 
Brass. 
Carbon disulphide. 
Carbon monoxide. 
Carbon tetrachloride. 
Illuminating gas. 
Lead. 
Mercury. 
Methyl alcohol (wood alcohol). 
Phosphorus. 
(see section 92), 
E. MISCELLANEOUS 
*Abortions, criminal (see section 90). 
* Animal bites (see section 10). 
Drug poisoning—not suicidal (poisoning, acute or chronic, by drugs, 
due to self medication or on prescription), 
3. All reports of cases of tuberculosis made in accordance with the pro- 
visions of this section, and all records of clinical or laboratory examinations for 
or indicating the presence of tuberculosis, shall be regarded as confidential and 
shall not be open to inspection by the public or by any person other than the 
Commissioner of Health, an authorized representative of the Department of 
Health and such other persons as may be authorized by law to inspect such 
reports or records, and in addition thereto, in Health Department clinic cases, 
the Commissioner of Health or his authorized representative may furnish such 
information as he deems appropriate to a physician or institution giving further 
treatment or to any agency approved by the Commissioner of Health for the 
purpose of prevention, treatment or social care. The custodian of any such 
report or record, the said Commissioner, or any such other person, institution 
or agency shall not divulge any part of any such report or record so as to 
disclose the identity of the person to whom it relates, except as provided by law. 
(S. C. §133; amended Sept. 17, 1918, January 27, 1921, December 27, 1928, 
December 30, 1930, June 23, 1931, November 21, 1933, October 22, 1935, December 
8, 1936 and June 8, 1939). SANITARY CODE 
29 
§B7. Duty of every person to report persons affected with a communicable 
disease. 
When no physician is in attendance, it shall be the duty of every person 
having knowledge of any person affected with any disease apparently or presumably 
communicable to report at once to the Department of Health all facts in relation 
to the illness and physical condition of any such person. (S. C. §136; amended 
October 22, 1935). 
§BB. Duty of persons in charge of hospitals, dispensaries and other institu- 
tions and of physicians, to report cases of venereal diseases. 
1. It shall be the duty of the manager, superintendent or person in charge, 
of any correctional institution and of every hospital, dispensary, clinic, asylum 
or charitable institution in the City of New York, promptly to report to the 
Department of Health the full name, or initials, together with the address, sex, 
age, marital state and occupation of every occupant or inmate thereof or person 
treated therein, affected with syphilis, gonorrhea or chancroid; and it shall also 
be the duty of every physician in the said city promptly to make a similar report 
to the Department of Health relative to any person found by such physician to be 
affected with syphilis, gonorrhea or chancroid. 
2. All reports made in accordance with the provisions of this section and 
all records of clinical or laboratory examinations for or indicating the presence 
of syphilis, gonorrhea or chancroid, shall be regarded as confidential and shall 
not be open to inspection by the public or by any person other than the Com- 
missioner of Health, an authorized representative of the Department of Health 
and such other person as may be authorized by law to inspect such reports or 
records, and in addition thereto, in Health Department clinic cases, the Commis- 
sioner of Health or his authorized representative may furnish such information 
as he deems appropriate to a physician or institution giving further treatment, 
or to a midwife or any agency approved by the Commissioner of Health for the 
purpose of prevention, treatment or social care. The custodian of any such report 
or record, the said Commissioner, or any such other person, institution or agency 
shall not divulge any part of any such report or record so as to disclose the 
identity of the person to whom it relates, except as provided by law. 
3. It shall be the duty of every physician to furnish and deliver to every 
person found to be affected with syphilis, gonorrhea or chancroid, a circular of 
instruction and advice, issued or approved by the Department of Health of The 
City of New York, and to instruct every person found by such physician to be 
affected with syphilis, gonorrhea or chancroid as to the precautions to be taken 
in order to prevent the communication of the disease to others. No person 
affected with syphilis, gonorrhea or chancroid, and no physician treating such 
a person and no hospital, dispensary, clinic, asylum, charitable or correctional 
institution, where such a person is being treated, shall fail to comply with the 
regulations of the Board of Health or by a negligent act, cause, contribute to 
or promote the spread of such disease. 
{Amended June 28, 1917, October 22, 1935, April 12, 1938 and June 8, 1939). 
§B9. Isolation of persons affected with communicable disease, etcetera; quar- 
antine of premises and exclusion of contacts. 
It shall be the duty of every physician, immediately upon discovering a 
person affected with, or suspected of having a communicable disease, or being 
a carrier of communicable disease germs, to secure such isolation of such person, 
the quarantine of the premises, the exclusion of contacts from school or work, 
and to take such other action, as is or may be required by the regulations of the 
Board of Health. 
The term “contacts” as used herein shall be taken to mean and include school 
teachers, school principals, school children, school custodians or attendants, at- 
tendants of agencies giving day care to children, librarians and food handlers. 
(S. C. §138; amanded January 30, 1917, August IU, 193 U and October 22, 1935). 
§9O. Criminal abortion o,r miscarriage; duty to report. 
It shall be the duty of the manager, superintendent or person in charge of 
any hospital, sanitarium, dispensary or other institution for the care and treat- 
ment of persons in the City of New York and of every physician in said City to 
immediately notify the Department of Health by telephone of any case of abortion 
or miscarriage where criminal practice is discovered or suspected. {Former §9O 
repealed October 22, 1935; former §9la adopted October 31, 1933, renumbered 
§9O October 22, 1935). 30 
SANITARY CODE 
§9l. Puerperal septicemia, ophthalmia neonatorum, and acute epidemic con- 
junctivitis (suppurative conjunctivitis, pink eye); duty of persons 
in charge of schools, dispensaries, and other institutions, and of 
physicians, to report. 
(a) It shall be the duty of the manager, superintendent, or person in 
charge of every sanitarium, agency giving day care to children, convalescent 
home, home for children, reformatory, training school, boarding school, hospital, 
dispensary, or other institution for the care or treatment of persons, in the City 
of New York, to report immediately in writing to the Department of Health, 
the name, age (so far as can be ascertained), and residence of every person re- 
ceived therein or treated thereat who is affected with puerperal septicemia, 
ophthalmia neonatorum, or acute epidemic conjunctivitis (suppurative conjunc- 
tivitis, pink eye) specifying the name of the disease with which such person is 
affected, it shall be the duty of every physician in the said City to immedi- 
ately make a similar written report to the said Department relative to any person 
found by such physician to be so affected. 
(b) Every such physician, manager, or other person in charge, shall also 
report, in writing, the name and address of the physician or midwife in attendance 
at the time of the onset of such a disease, which information it is hereby made 
the duty of every institution herein specified to obtain and record among its 
records. 
(c) “Puerperal Septicemia” as used herein shall be taken to mean and in- 
clude every case of infection accompanied by rise of temperature during the puer- 
peral period, and which is related to the delivery and is not due to other obvious 
cause or causes. (S. C., §144; amended July 23, 1918, October 22, 1935 and 
June 8, 1939). 
§92. Occupational diseases and injuries; duty of persons in charge of hos- 
pitals, institutions, and dispensaries, and of physicians, to report. 
It shall be the duty of the manager, superintendent, or person in charge of 
every hospital, institution or dispensary, in the City of New York, to report to 
the Department of Health, in writing, the full name, age and address of every 
occupant or inmate thereof or persons treated therein, affected with any one of 
the occupational diseases contained in the following list, specifying the name of 
the disease, within twenty-four hours after the time when the case is diagnosed, 
and it shall be the duty of every physician to make a similar report to the said 
Department of Health within the said period relative to any person found by such 
physician to be affected with any one of the said occupational diseases: 
Caisson disease (Compressed-air illness). 
Poisoning by— 
Aniline and its derivatives. 
Arsenic. 
Benzol (Benzene) and its derivatives. 
Brass. 
Carbon bisulphide. 
Carbon tetrachloride. 
Illuminating gas. 
Lead. 
Mercury. 
Methyl alcohol (Wood alcohol). 
Phosphorus. 
(S. C. §134; amended October 22, 1935). 
§93. Group of cases of food poisoning; duty of persons in charge of hospitals, 
and of physicians, to report. 
It shall be the duty of every physician, and of the physician, manager, super- 
intendent or other person in charge of any hospital, dispensary, or other insti- 
tution, having knowledge of the occurrence of a number or group of cases of 
illness, including group cases of diarrhea or sore throat, which cases appear to 
be due to the consumption of unwholesome, spoiled, contaminated or poisonous 
articles of food, to report immediately the same to the Department of Health. 
{Amended October 22, 1935 and June 8, 1939). 
§94. Exclusion of children from school or agency giving day care to children. 
(1) No principal, superintendent, master, teacher or instructor in any 
school, or person in charge of an agency giving day care to children, and no 
parent, guardian or custodian of any child or minor (having the power and SANITARY CODE 
31 
authority to prevent), shall permit any child or minor or any other person to 
be exposed unnecessarily to any person having a communicable disease; nor per- 
mit any child or minor having: 
Chicken pox, 
Diphtheria, 
German measlues (Rubella or Rotheln), 
Measles, 
Meningitis, meningococcus (epidemic cerebrospinal meningitis), 
Mumps, 
Poliomyelitis, anterior, acute (infantile paralysis), 
Scarlet fever (scarlatina), 
Smallpox, 
Tuberculosis, pulmonary (if in a communicable form), 
Whooping cough, 
—to attend any public, private or parochial school, or any agency giving day 
care to children. A child or minor having recently recovered from a disease 
in the above list may be readmitted to school, or to an agency giving day care to 
children when a duly authorized representative of the Department of Health has 
given written permission therefor. In a case of tuberculosis, a physician may 
make the examination, including an X-ray, and if the report is acceptable to the 
Department of Health, permission for readmission will be granted; otherwise the 
examination, including X-ray, shall be made at a place designated by the De- 
partment of Health. 
(2) No child or minor in any family or living with any family, in which any 
of the following diseases exist or have recently existed, shall be permitted to 
attend any public, private or parochial school or any agency giving day care to 
children until a duly authorized representative of the Department of Health has 
given permission therefor: 
Diphtheria. 
Measles. 
Meningitis, meningococcus (epidemic cerebrospinal meningitis). 
Poliomyelitis, anterior, acute (infantile paralysis). 
Scarlet fever (scarlatina). 
Smallpox. 
Tuberculosis, pulmonary (if in a communicable form). 
(S. C., §145; amended October 22, 1935 and July 11, 1939). 
§95. Exclusion of teachers, instructors and others affected with certain com- 
municable diseases. 
No principal, superintendent, master, teacher, instructor, custodian, or other 
person suffering from any of the communicable diseases enumerated in Section 
94, subdivision (1), shall be permitted to teach or work in any public, private or 
parochial school, or agency giving day care to children until written permission 
has been obtained in accordance with the provisions of said section and sub- 
division. 
No principal, superintendent, master, teacher, instructor, custodian, or other 
person living with any family in which any of the communicable diseases enu- 
merated in Section 94, subdivision (2), exist or have recently existed, shall be 
permitted to teach or work in any public, private or parochial school or agency 
giving day care to children until written permission has been obtained in accord- 
ance with the provisions of said section and subdivision. (Generally revised 
October 22, 1935). 
§O6. Isolation of persons affected with communicable diseases in Institutions. 
It shall be the duty of the manager, superintendent, or person in charge, of 
every sanitarium, agency giving day care to children, convalescent home, home for 
children, reformatory, training school, boarding school, hospital, dispensary, 
or other institution for the care or treatment of persons, in the City of New York, 
to provide and maintain a suitable room or rooms for the isolation and cause 
the immediate isolation of persons affected with or suspected of having any of 
the following diseases, in accordance with the regulations of the Board of 
Health: 
Chicken pox. 
Cholera (Asiatic). 
Diarrhea in the new born up to three weeks of age. 
Diphtheria. 32 
SANITARY CODE 
Diphtheria carrier-virulent. 
German measles (rubella or rotheln). 
Impetigo contagiosa neonatorum occurring in a hospital giving mater 
nity service. 
Measles. 
Mumps. 
Plague, bubonic. 
Scarlet fever (scarlatina). 
Smallpox. 
Whooping cough. 
(S. C. §140; amended October 22, 1935, December 8, 1936 and June 8, 1939), 
§97. Removal of persons affected with any communicable disease or carrier 
of communicable disease germs authorized. 
Whenever a duly authorized physician of the Department of Health shall 
report in writing that any person is affected with any communicable disease or 
is a carrier of communicable disease germs, under such circumstances that the 
continuance of such person in the place where he or she may be, is or is likely 
to be dangerous to the lives or health of other persons, the Commissioner, Deputy 
Commissioner or the Director of either the Bureau of Preventable Diseases, the 
Bureau of Tuberculosis or the Bureau of Social Hygiene, of the said Department, 
upon the report of such duly authorized physician, may cause the removal of such 
person to a hospital designated by the Board of Health in accordance with the 
regulations of said Board. (S. C., §139; amended March 7, 1933, October 22, 
1935 and June 8, 1939). 
§9B. Conveying of persons affected with a communicable disease through pub- 
lic streets regulated. 
No person shall in the City of New York, without permission therefore 
issued by the Department of Health, convey, carry, move or cause to be conveyed, 
carried or moved, in any manner whatsoever, through any public street or place, 
or from any building or vessel to any other building or vessel, or to the shore, 
nor shall any hospital or institution without such permission receive, any person 
affected with any of the following diseases, or any article which has been exposed 
to such diseases: 
Cholera (Asiatic). 
Diphtheria. 
Diphtheria carrier-virulent. 
Plague, bubonic. 
Scarlet fever. 
Smallpox. 
(S. C., §143; amended October 22, 1935 and June 8, 1939). 
§99. Persons having a communicable disease not to engage in manufacturing 
in tenement houses or multiple dwellings. 
1. Unless written permission therefor shall have been obtained from the 
Department of Health no person affected with any communicable disease, or who 
is exposed to any communicable disease, shall, in any tenement house or multiple 
dwelling or in any part thereof engage in the manufacture, altering, repairing, 
or finishing of any article whatsoever, except for the sole and exclusive use of 
the person so engaged. 
2. Whenever required by the Director of either the Bureau of Preventable 
Diseases, the Bureau of Tuberculosis or the Bureau of Social Hygiene of the 
Department of Health, any person engaged in the manufacture, altering, repair- 
ing or finishing of any article whatsoever, except for the sole and exclusive use 
of the person so engaged, shall submit to a physical examination and/or an 
X-ray by a duly authorized physician or in a clinic of the said Department. 
(Amended October 22, 1935 and June 8, 1939). 
§lOO. Acts tending to promote spread of disease prohibited. 
No person shall by any exposure of any individual sick of any communicable 
disease, or of the body of such person, or by any negligent act connected there- 
with, or in respect of the care or custody thereof, or by a needless exposure of 
himself, cause, contribute to, or promote, the spread of disease from any such 
person, or from any dead body. (S. C., §143; amended October 22, 1935). SANITARY CODE 
33 
§lOl. Concurrent and terminal disinfection, cleansing and renovation of prem- 
ises, furniture, belongings and apparatus. 
Adequate terminal disinfection, cleansing and renovation of premises, furni- 
ture and belongings, deemed by the department of health to be infected by any 
communicable disease, shall immediately follow the recovery, death or removal 
of the person suffering from such disease, and such disinfection, cleansing and 
renovation shall be performed by the owner, lessee, tenant or occupant of said 
premises. In all such cases, there shall be maintained, prior to the aforesaid 
terminal disinfection; proper and adequate concurrent disinfection, while the 
person is suffering from such communicable disease. 
All apparatus and equipment employed in the treatment of any case of 
communicable disease, must be adequately cleansed and disinfected before use 
in any other case. 
The term “concurrent disinfection” as used herein shall be taken to mean 
the immediate disinfection and disposal of body discharges and the immediate 
disinfection or destruction of all infected or presumably infected materials. 
The term “terminal disinfection” as used herein shall be taken to mean the 
precautions taken to destroy or remove infectious material after the removal of 
the patient or the termination of isolation or quarantine. 
The term “cleansing” as used herein shall be taken to mean the removal of 
possible infectious material by scrubbing, washing and exposure to sunshine and 
air. 
The term “renovation” as used herein shall be taken to mean such re- 
papering, painting, whitewashing or other alteration of premises or apartments 
as may be necessary to place the same in a proper and sanitary condition. 
(S. C., §146; generally revised October 22, 1935). 
§lO2. Dispensaries and clinics for treatment of communicable disease; regu- 
lated. 
No dispensary or clinic where communicable diseases are treated or diagnosed 
shall be conducted or maintained in the City of New York, otherwise than in 
accordance with the regulations of the board of health. (Former §lO2 repealed 
October 22, 1935; former §223 adopted June 28, 1917 renumbered §lO2 October 
22, 1935). 
§lO3. Duties of undertakers; conduct of funerals where death has been caused 
by certain communicable diseases. 
It shall be the duty of every undertaker engaged for, or in charge of, the 
preparation and burial of the body of a person who died in the City of New 
York, of any of the following diseases: 
Cholera (Asiatic). 
Diphtheria. 
Plague, bubonic. 
Poliomyelitis, anterior, acute (Infantile paralysis). 
Scarlet fever (Scarlatina). 
Smallpox (Variola). 
or of the bringing of the dead body of any person who died of any such disease 
into the said City, to give immediate notice thereof to the Department of Health. 
No undertaker shall retain or expose or assist in the retention or exposure of 
the dead body of any such person, and shall immediately place the body in a 
coffin or casket and permanently close and seal same in accordance with the 
regulations of the Board of Health. 
The funeral services for the burial of a person who has died of one of the 
above mentioned diseases shall be private. It shall be unlawful to invite or per- 
mit any person to be present on the premises where the body is held, awaiting 
burial, and it shall be unlawful for the undertaker to permit any person to attend 
the funeral, of one who has died of any of the above diseases other than the 
members of the immediate family or household and those whose presence is 
necessary to conduct the funeral. It shall be the duty of the undertaker to 
instruct the members of the immediate family or household to comply with the 
provisions of this section. (S. C. §142; amended March 31, 1931 and generally 
revised October 22, 1935). 
§lO4. Fumigants, exterminators and insecticides; pe,emits, use, sale and dis- 
tribution regulated. 
(a) No person shall use in any building, vessel or other place in the City 34 
SANITARY CODE. 
of New York, a fumigant, exterminator or insecticide for the destruction or 
control of insects, vermin, rodents or other pests, or engage in the business of 
such fumigation or extermination, without a permit issued therefor by the Board 
of Health or otherwise than in accordance with the terms of said permit and 
the regulations of said Board. This provision, however, shall not apply to a 
person using an exterminator or insecticide in his own home, building or place 
of business, except that if the place of business is one where food is stored, 
prepared or held or kept for sale, no poisonous exterminator or insecticide may 
be kept on the premises or used by such person other than an exterminator or 
insecticide containing any fluoride, colored nile blue, properly labeled and packed 
in non-refillable containers and in the manner prescribed in subdivision (c) of 
this section. 
The term “fumigant” shall mean and include any substance which by itself 
or in combination with any other substance emits or liberates a gas, fumes 
or vapors and which gas, fumes or vapors when liberated and used for the de- 
struction or control of insects, vermin, rodents or other pests are lethal, poison- 
ous, noxious or dangerous to human life. 
The terms “exterminator” or “insecticide” as used herein shall mean and 
include any substance, not a fumigant, under whatever name known, used for 
the destruction or control of insects, vermin, rodents or other pests. 
There shall be five types of permits, as follows: 
Fumigant Permit—to conduct the business of fumigation. 
Exterminator Permit—to conduct the business of extermination. 
Employee—fumigant operator permit. 
Employee—exterminator operator permit. 
Owner—operator permit (fumigant or exterminator). 
A fumigant permit entitles the holder thereof to engage in the business of 
fumigation and extermination; and an exterminator permit entitles the holder 
thereof, to engage only in the business of extermination. 
No person holding an employee-fumigant operator permit shall engage in 
the occupation of fumigation and/or extermination, except in the course of 
employment on behalf of a holder of a fumigant permit, except that he may en- 
gage in the occupation of extermination only on behalf of a holder of an exter- 
minator permit. No person holding an employe-exterminator operator permit shall 
engage in the occupation of extermination, except in the course of employment on 
behalf of a holder of a fumigant permit or an exterminator permit. 
(b) No person shall sell or give away or distribute in the City of New 
York any poisonous substance as an exterminator or insecticide unless the con- 
tainer bears a label legibly and conspicuously printed with the word “POISON” 
and the symbol of the skull and crossbones in red ink followed with the words 
“CAUTION—This exterminator or insecticide contains (state the name of the 
poison), a deadly poison,” together with the antidote therefor and the name and 
address of the manufacturer or packer, and the words “poison,” “caution” and 
“antidote” in block type of a larger size than the other wording, viz;— 
“POISON 
( Symbol ) 
\ Skull and Crossbones | 
CAUTION 
This exterminator or insecticide contains 
(insert name of poison), a deadly poison, 
ANTIDOTE—(state briefly) 
Manufactured (or packed) by 
Name 
Address 
(c) No person shall use, sprinkle or allow to remain sprinkled in a food 
establishment any poisonous exterminator or insecticide. However, an exter- 
minator or insecticide containing wholly or in part any fluoride, colored nile 
blue, may be used and sprinkled on the floors of the food establishment, and on 
the walls or other parts thereof provided said exterminator or insecticide is not 
placed in refrigerators, on shelves or other places where it can come in contact 
with exposed foods. 
(d) No fluoride shall be used as an exterminator or insecticide unless said 
fluoride is distinctively colored nile blue, as designated by Ridgway’s Color 
Standards and Nomenclature, and when such fluoride is sold in powdered form SANITARY CODE 
35 
at retail as an exterminator or insecticide in quantities of five pounds or less, 
the same shall be packed in non-refillable containers. 
(e) No person shall prepare or manufacture, sell, offer for sale, give 
away, deal in, supply, or use, or have in his or her possession with intent to sell, 
offer for sale, give away, deal in, supply, or use an exterminator or insecticide 
which contains living bacterial organisms or any culture or preparation thereof. 
(f) No person shall use in fumigation, nor sell, offer for sale, give away 
or supply, for use in connection with fumigation, any gas mask and/or canister 
therefor, unless such gas mask and canister are of a type approved by the 
United States Bureau of Mines, and bear the stamp of approval of said Bureau. 
No person shall refill any canister for use in connection with fumigation after 
said canister has been exhausted nor use a refilled canister in fumigation. 
Provided, that this provision in so far as it relates to approved canisters shall 
not apply if there are no canisters approved by the Bureau of Mines for the gas 
to be used. 
(Adopted April 25, 1916, amended December 1, 1931 and May 11, 1937). 
§lO5. Clinical laboratories regulated. 
No person shall conduct, maintain or operate a clinical laboratory without a 
permit therefor issued by the Board of Health or otherwise than in accordance 
with the terms of the said permit and regulations of the said Board. 
Clinical Laboratory defined—The term “clinical laboratory” as used herein 
shall be deemed to mean any laboratory in which bacteriological, biochemical, 
chemical, histological, pathological, physiological or serological tests, examinations 
or analyses are performed and which contribute in any way as a help in the 
diagnosis, prophylaxis or treatment of disease. 
The provisions of this Section shall not apply to a physician or group of 
physicians duly licensed under the Laws of the State of New York who conduct a 
laboratory for their own exclusive use in their practice of medicine, but such 
laboratory shall be conducted in accordance with the regulations of the Board of 
Health. (Effective August 1, 1935.) (Adopted June 28, 1917, amended June 21, 
1927, June 11, 1929, December 6, 1932, and July 10, 1935). 
§lOO. (Repealed, August 14, 1934.) 
§lO7. X-Ray laboratories; permit required. 
No person shall maintain, operate or conduct an X-ray laboratory or adver- 
tise or hold out to the public that an X-ray laboratory is maintained, operated or 
conducted, wherein radiographs are taken, diagnoses made or human beings 
examined or treated by X-rays, without a permit therefor issued by the Board 
of Health, or otherwise than in accordance with the terms of said permit and 
with the Regulations of the said Board. (Adopted January 26, 1922). 
§lOB. Blood donors regulated; blood donors, professional and voluntary blood 
donors defined; registration of professional blood donors; blood 
banks regulated. 
No person shall act as and no physician, hospital or institution shall use, 
a blood donor, either professional or voluntary, in the City of New York other- 
wise than in accordance with the regulations of the Board of Health, and no 
person shall act as a professional blood donor in said city without a certificate 
of registration issued by the Department of Health. 
No blood bank shall be maintained or operated in the City of New York 
other than in hospitals in which there is a clinical laboratory under permit of 
the Board of Health for bacteriology, blood typing and serology, or otherwise 
than in accordance with the regulations of the Board of Health. 
“Blood donor” defined. The term “blood donor” as used herein shall be 
taken to mean and include any person who holds himself out as willing to dis- 
pose of his blood, or who offers his blood, or whose blood is used for transfusion 
purposes either by direct introduction or by storage and subsequent introduction 
into the blood-vascular system of any other person. 
“Professional blood donor” defined. The term “professional blood donor” 
as used herein shall be taken to mean and include a blood donor who offers or 
gives his blood for a fee. 
“Voluntary blood donor” defined. The term “voluntary blood donor” as used 
herein shall be taken to mean and include a blood donor who offers or gives his 
blood gratuitously or without a fee. 36 
SANITARY CODE. 
“Blood banks” defined. The term “blood bank” as used herein shall be 
taken to mean and include any system of storage of human blood for subsequent 
use for transfusion purposes. 
This section as amended shall take effect immediately, and any person here- 
tofore registered as a blood donor and until the expiration of his certificate of 
registration shall be deemed a professional blood donor. {Adopted November 
21, 1930 and amended March IU, 1939). 
§lOO. Blood donor agency. 
No person shall conduct, maintain or operate a blood donor agency in the 
City of New York without a permit therefor issued by the Board of Health or 
otherwise than in accordance with the terms of the said permit and the regula- 
tions of the said Board. 
Blood Donor Agency defined.-—As used herein the term “blood donor agency” 
shall be taken to mean and include any office, registry, place or establishment 
which employs, engages or supplies or advertises or holds out to employ, engage 
or supply any person or persons whose blood is or may be used for transfusion 
purposes. (Adopted November 21, 1930). 
§llO. Lying-in Institutions and New-Born Nurseries regulated. 
No person, organization or corporation shall conduct, maintain or operate 
a lying-in institution or a new-born nursery otherwise than in accordance with 
the regulations of the Board of Health. 
Lying-in Institutions and New-Born Nurseries defined. The term lying-in 
institution as used herein shall be deemed to mean any hospital, institution or 
place, excepting- private homes, in which pregnant women are cared for and 
delivered of babies. The term new-born nurseries as used herein shall be deemed 
to mean any room, rooms or ward in such hospitals, institutions, or places, 
excepting private homes, in which new-born babies are cared for or treated. 
{Adopted December IU, 1937). 
§lll. Sale o.r use of lead nipple shields prohibited. 
No person shall use or have, keep, sell or offer for sale in the City of New 
York, any metal or foil breast nipple shield made of or containing lead. {Adopted 
June 8, 1939). 
ARTICLE 8 
Drugs, Medicines and Cosmetics. 
Section 116. Drugs; manufacture and sale regulated; the term “drugs”, “adul- 
terated”, and “misbranded” defined. 
117. Regulating the sale of proprietary and patent medicines. 
118. Drugs, medicines, decoctions, and drinks; fraudulent representa- 
tion prohibited. 
118 a. Sale of contaminated drugs, toilet articles, etc., prohibited. 
119. Proprietary medicines; distributions of samples regulated. 
119 a. Sale of drugs or medicines in public streets prohibited. 
120. The use of living and other micro-bacterial organisms. 
121. Free distribution of vaccine, antitoxin, serum and cultures regu- 
lated. 
122. Poison; sale and distribution regulated. 
123. Carbolic acid; sale regulated. 
124. Wood naphtha, otherwise known as wood alcohol or methyl alcohol; 
sale and distribution regulated. 
125. Bichloride of mercury; sale regulated. 
126. Sale of barbital or any other hypnotic or somnifacient drug regu- 
lated. 
126 a. Sale of harmful drugs regulated. 
127. Sale of valerian or valerianate, etc., regulated; permit 
128. Hair dyes and other toilet preparations containing an aniline 
derivative, or an amine, metallic or other injurious or poisonous 
ingredients; sale, distribution and use regulated. 
129. Condemnation and destruction of drugs, medicines, toilet prepara- 
tions, etc., animal hairs, skins, etc., and articles made from ani- 
mal hairs, etc., authorized. SANITARY CODE 
37 
130. Medicated alcohol; sale and distribution regulated. 
131. Completely denatured alcohol; sale and distribution regulated. 
132. Hypodermic syringe. 
§ll6. Drugs; manufacture and sale regulated; the terms “drugs”, “adulter- 
ated”, and “misbranded” defined. 
No person shall manufacture or produce, or have, sell or offer for sale, in 
the city of New York, any drug which is adulterated or misbranded. The term 
drug as herein used shall include all medicines for external or internal use, or 
both. Drugs as herein defined shall be deemed adulterated: 
(1) If, when sold by or under a name recognized in the United States Phar- 
macopoeia or National Formulary, it differs from the standard of strength, 
quality, or purity, as stated in the United States Pharmacopoeia or National 
Formulary at the time of investigation. 
(2) If its strength or purity falls below or its strength is in excess of the 
professed standard under which it is sold. 
A drug shall be deemed misbranded: 
(a) If it is an imitation or offered for sale under the distinctive name of 
another article. 
(b) If the contents of the package as originally put up shall have been 
removed, in whole or in part, and other contents shall have been placed in such 
package, or if the package fails to bear a statement, on the label thereof, of the 
quantity or proportion of any alcohol, morphine, opium, cocaine, heroin, alpha 
or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilid, or any 
derivative or preparation of any such substances, contained therein. 
(c) If the package or label bear or contain any statement, design, or device, 
regarding the drug or its ingredients, or regarding its or their action on diseased 
conditions, which statement, design, or device shall be false or misleading in any 
particular. 
(d) If a box, bottle, or package, containing virus, therapeutic serum, toxin, 
anti-toxic or analogous product, fails to bear on the outside thereof, conspicu- 
ously, clearly, and legibly set forth, in English, the proper name of the substance 
therein contained, the name and address of the person, persons, firm, or corpora- 
tion by whom or by which the said substance has been prepared, the date beyond 
which the said substance cannot be reasonably expected to produce the result or 
results for which it has been prepared, and (if such license shall have been 
obtained) the United States license number of the establishment in which the said 
substance has been prepared; and, in the case of diphtheria and tetanus anti- 
toxin, if the box, bottle, or package containing such antitoxin shall fail to bear 
on the outside thereof conspicuously, clearly, and legibly set forth, in English, 
the value of the contents thereof as an antitoxin, which value shall be measured 
according to and stated in the terms of some generally recognized standard. 
(S.C., §69; amended October 26, 1915, February 25, 1920, and December 
29, 1920). 
§ll7. Regulating the sale of proprietary and patent medicines. 
O —-' o r-* i 1 i 
It shall be the duty of every manufacturer or proprietor of proprietary or 
patent medicines manufactured, prepared, or intended for external or internal 
human use, before offering any such medicine for sale in the city of New York, 
to register the same with, and procure a certificate of registration from the 
department of health in accordance with the regulations of the Board of Health. 
On and after April 1, 1921, no proprietary or patent medicine manufactured, 
prepared or intended for internal or external human use, shall be held, offered 
for sale, sold, or given away, in the city of New York, unless such medicine shall 
have been registered with the Department of Health in accordance with the regu- 
lations of the Board of Health, nor shall any such medicine he held, offered for 
sale, sold, or given away, in said city, contrary to the regulations of the Board 
of Health. 
The expression “proprietary or patent medicine.” for the purposes of this 
section, shall be taken to mean and include every medicine or medicinal compound, 
manufactured, prepared, or intended for external or internal human use, the 
name, composition, or definition of which is not to be found in the United States 
Pharmacopoeia or National Formulary, or which does not bear the names of all 
of the ingredients to which the therapeutic effects claimed are attributed and the 
names of all other ingredients except such as are physiologically inactive, con- 
spicuously, clearly, and legibly set forth in English, on the outside of each 38 
SANITARY CODE. 
bottle, box, or package in which the said medicine or medicinal compound is held, 
offered for sale, sold, or given away. 
The provisions of this section shall not, however, apply to any medicine or 
medicinal compound, prepared or compounded upon the written prescription of a 
duly licensed physician, provided that such prescription to be written or issued for 
a specific person and not for general use, and that such medicine or medicinal com- 
pound be sold or given away to or for the use of the person for which it shall have 
been prescribed and prepared or compounded; and provided, also, that the said pre- 
scription shall have been filed at the establishment or place where such medicine 
or medicinal compound is sold or given away, in chronological order according to 
the date of the receipt of such prescription at such establishment or place. 
Every such prescription shall remain so filed for a period of five years. 
All information relating to or connected with the registi’ation of any patent 
or proprietary medicine, registered in accordance with the provisions of this 
section, shall be regarded as confidential, and shall not be open to inspection by 
the public or any person other than the official custodian of such records, and 
those duly authorized to prosecute or enforce the Federal Statutes, the Laws of 
the State of New York, both criminal and civil, and the Ordinances of the City 
of New York, but only for the purpose of such prosecution or enforcement. 
Provided, however, the provisions of this section relating to registration shall 
not apply to stores of merchandise in the hands of druggists or other dealers 
on February 25, 1919, nor to proprietary or patent medicines registered in the 
Department of Health in accordance with the provisions of Section 117 of the 
Sanitary Code as adopted by the Board of Health on December 31, 1914, and as 
amended by said Board on October 26, 1915, and further amended by said Board 
on February 25, 1919. 
This section shall take effect January 3, 1921. (Amended December 29, 1920). 
§llB. Drugs, medicines, decoctions, and drinks; fraudulent representation 
prohibited. 
No person shall make, prepare, put up, administer, or dispense any prescrip- 
tion, decoction, or medicine, under any false or misleading name, direction, or 
pretense; nor shall any ingredient be substituted for another in any prescription, 
or shall any false or misleading representation be made by any person to any 
other, as to the kind, quality, purpose, or effect of any drug, medicine, decoction, 
drink, or other substance, offered or intended to be taken as food or medicine. 
(S. C„ §65). 
No person shall bring into the City of New York, or have, keep, sell, or offer 
for sale in the City of New York, any drug, or medicine, or any surgical bandage, 
adhesive, gauze, cotton or similar sundries, or any device for prevention of 
disease, or any cosmetic or toilet preparation, which is contaminated, unsound, 
ineffective, defective or in a condition unfit for human use, internally or exter- 
nally, or any virus, therapeutic serum, toxin, antitoxic or analogous product, 
after the expiration date fixed and stated on the outside of the box, bottle or 
package containing such a substance by the person who prepared the substance. 
(Adopted September 10, 1931 and amended March 11, 1939). 
18a. Sale of contaminated drugs, toilet articles, etc., prohibited. 
§ll9. Proprietary medicines; distributions of samples regulated. 
No person shall, in the city of New York, distribute, free of charge, or throw 
awav any nostrum, proprietary medicine, or other substance of an alleged medi- 
cinal or curative character, intended for internal human use, in any street or 
public place, or from door to door, or by depositing the same upon private 
premises. 
The provisions of this section shall not, however, apply to the distribution by 
manufacturers or wholesale dealers of samples of any such substance to physi- 
cians or to the trade. 
§lloa. Sale of drugs or medicines in public streets prohibited. 
No person shall, on any public street, highway or park in the City of New 
York, peddle, hawk, or offer for sale or sell, any drug or medicine or any article 
which is represented as having a therapeutic effect if taken internally. 
This section shall take effect July 1, 1932. 
{Adopted June 11, 1932). SANITARY CODE 
39 
§l2O. Living bacterial and other micro-organisms. 
The use of living bacterial organisms in the inoculation of human beings for 
the prevention or treatment of disease and the sale or distribution of any prepara- 
tion containing living micro-organisms capable of causing infection in man or 
animals are prohibited until full and complete data regarding the method of use, 
including a specimen of the culture and other agents employed therewith, and a 
full account of the details of preparation, dosage, and administration shall have 
been submitted to the board of health of the city of New York, and permission 
shall have been granted in writing by the said board for such use, sale, or dis- 
tribution. (S. C., §l4Ba; amended December 21, 1915). 
§l2l. Free distribution of vaccine, antitoxin, serum and cultures .regulated. 
Any duly licensed physician who shall find it necessary to administer any 
antitoxin, serum, culture or any vaccine other than smallpox vaccine virus, to 
a patient too poor, or dependent upon another or others too poor to pay for 
such vaccine, antitoxin, serum, or culture, may receive, free of charge, the 
requisite quantity thereof upon application to the Department of Health or any 
of its duly authorized agents, provided that such physician shall sign a stipulation 
to the effect that he or she, as the case may be, will not exact or receive from such 
patient any pay for such vaccine, antitoxin, serum or culture. 
Any such physician, however, who shall exact or receive such pay after 
having signed such stipulation shall be deemed to have violated the provisions 
of this section. 
Every such stipulation shall be filed in the Department of Health. {Amended 
February 9, 1937). 
§122. Poison; sale and distribution regulated. 
No person shall sell at retail or give away any poison unless the bottle, box, 
package, parcel, or receptacle, containing such poison, sold or given away, shall 
bear a label upon which shall be conspicuously printed or stenciled in red ink, in 
plain legible characters, the name of the substance or article, the word “POISON,” 
the name and place of business of the seller, or donor, a skull and crossbones, 
the word “CAUTION,” the maximum dose of the poison, and the antidote therefor. 
The provisions of this section shall not apply to medicinal compounds con- 
taining poisonous drugs in therapeutic doses when the maximum dose of such 
preparation is marked upon the container. (S. C., §66; amended May 3, 1922). 
§123. Carbolic acid; sale regulated. 
No phenol, commonly known as carbolic acid, shall be sold at retail by any 
person in the city of New York, except upon the written prescription of a duly 
licensed physician, when in a stronger solution than 5 per cent. (S. C., §67). 
§124. Wood naphtha, otherwise known as wood alcohol or methyl alcohol; 
sale and distribution regulated. 
No person shall sell, offer for sale, give away, deal in, or supply, or have in 
his or her possession with intent to sell, offer for sale, give away, deal in, or 
supplv, any article of food or drink or anv medicinal or toilet preparation, in- 
tended for human use internally or externally, which contains any wood naphtha, 
otherwise known as wood alcohol or methyl alcohol, either crude or refined, what- 
ever may he the name or trade mark under or by which the said wood naphtha 
shall be called or known. 
No person shall sell, offer for sale, give away, deal in, or supply, or have in 
his or her possession with intent to sell, offer for sale, give away, deal in. or 
supply, anv wood naptha, otherwise known as wood alcohol, or methyl alcohol, 
either crude or refined, whatever may be the name or trade mark under or by 
which the said wood naphtha shall be called or known, unless the container in 
which the same is sold, offered for sale, given away, dealt in, or supplied, shall 
bear a notice containing the following device and words conspicuously printed 
or stenciled thereon, viz.: 
(Skull and crossbones represented). 
POISON 
WARNING—It is unlawful to use this fluid in any article of good, beverage, 
or medicinal or toilet preparation, intended for internal or external human use. 
(S. C. §66a). 
WOOD NAPHTHA OR WOOD ALCOHOL 40 
SANITARY CODE. 
§125. Bichloride of mercury; sale regulated. 
No person shall sell or offer for sale, at retail, bichloride of mercury, other- 
wise known as corrosive sublimate, in the dry form, except upon the written 
prescription of a duly licensed physician or veterinary surgeon, and, then only 
in tablets of a particularly distinctive form and color, labeled “POISON” upon 
each tablet, and dispensed in sealed glass containers conspicuously labeled with 
the word “POISON” in red letters, and stating the bichloride of mercury 
content of each tablet, provided, however, that bichloride of mercury may be 
put up in one grain tablet triturate form for professional use by physicians 
only, without the use of the word “POISON” on each such tablet, but in the sale 
of same at retail all of the other requirements above set forth shall be complied 
with. 
This section shall not apply to any preparation containing one-tenth of a 
grain or less of bichloride of mercury. (S. C. §67a; amended November 12, 1929). 
§126. Sale of barbital o,r any other hypnotic or somnifacient drug regulated. 
1. No barbital or any other hypnotic or somnifacient drug as defined herein 
shall be sold at retail or dispensed to any person in the City of New York, except 
upon the written prescription of a duly licensed physician, dentist, or veterinarian, 
and no pharmacist shall dispense any such drug without affixing to the container 
in which the drug is sold or dispensed, a label bearing the name and address of 
the pharmacist, the date compounded and the consecutive number of the pre- 
scription under which it is recorded in his prescription files, together with the 
name of the physician, dentist or veterinarian prescribing it, and the directions 
for the use of the drug by the patient as given upon said prescription of the 
physician, dentist or veterinarian. 
2. No manufacturer, pharmacist, jobber or other dealer in drugs shall sell or 
have in his possession barbital or any other hypnotic or somnifacient drug, unless 
the container bears a label securely attached thereto stating conspicuously in 
printed words the specific name of the barbital or other hypnotic or somnifacient 
drug and the proportion or amount thereof. Such label shall not be necessary 
when such a drug is dispensed by a pharmacist upon a prescription and the con- 
tainer is labeled in the manner described in subdivision 1 herein. 
3. For the purposes of this section the term “barbital” shall be held to mean 
and include, the salts of barbituric acid, also known as Malonylurea, or any 
derivative or compounds or any preparations or mixtures thereof and the term 
“Other Hypnotic or Somnifacient Drug” shall be held to mean and include, Sul- 
phonethymethane (Trional) or Sulphonmethane (Sulphonal) or Diethyl-suplhon 
Diethylmethane (Tetronal), or Paraldehyde or any derivatives or compounds or 
any preparations or mixtures thereof and Chloral or Chloral Hydrate or Chlor- 
butanol or any compounds or mixtures thereof when such Chloral or Chloral 
Hydrate or Chlorbutanol or compounds or mixtures thereof is to be used inter- 
nally. 
The provisions of this section shall apply to any of the above mentioned 
drugs whatever may be the name under or by which the same may be called or 
known. 
(S. C. §182; former §126 annulled July 25, 1921; new §126 adopted October 
11, 1922, amended September 10, 1931). 
§l26a. Sale of harmful drugs regulated. 
1. No harmful drug as defined herein shall be sold at retail or dispensed 
to any person in the City of New Yoi'k, except upon the written prescription of 
a duly licensed physician, dentist or veterinarian, and no pharmacist shall dis- 
pense any such drug without affixing to the container in which the drug is sold 
or dispensed, a label bearing the name and address of the pharmacist, the date 
compounded and the consecutive number of the prescription under which it is 
recorded in his prescription files, together with the name of the physician, 
dentist or veterinarian prescribing it, and the directions for the use of the drug 
by the patient as given upon said prescription of the physician, dentist or 
veterinarian. - 
2. No manufacturer, pharmacist, jobber or other dealer in drugs shall sell 
or have in his possession a harmful drug, unless the container bears a label 
securely attached thereto, stating conspicuously in printed words the specific 
name of the harmful drug and the proportion or amount thereof. Such label 
shall not be necessary when such drug is dispensed by a pharmacist upon a SANITARY CODE 
41 
prescription and the container is labeled in the manner described in subdivision 
1 hereof. 
3. For the purpose of this section the term “harmful drug” shall mean 
and include the following drugs, compounds, preparations or mixtures thereof; 
Dinitrophenol, Para-amino Benzene Sulfonamide (Sulfanilamide), Thyroid, 
Acidum Phenylcinchoninicum (Cinchophen), Indian Hemp in leaf form, Oil of 
Savin, Oil of Tansy, Oil of Pennyroyal, Oil of Croton, solid extracts and fluid 
extracts of Ergot and Cotton root except when for external use in combination 
with other ingredients, Antimonii et Potassi Tartras (Tartar Emetic) in excess 
of one-half (%) grain per dose, Atropine for internal use in excess of one-hun- 
dredth (1/100) of a grain per dose, Prussic Acid in excess of one-half (%) minim 
of dilute Prussic Acid per dose, and Amidopyrine in excess of two (2) grains per 
dose. 
4. The provisions of this Section shall apply to any of the above mentioned 
drugs whatever may be the name under and by which the same may be called 
or known. 
(Adopted January 8, 1935, amended July 30, 1935 and November 9, 1937). 
§127. Sale of valerian or valerianate, etc., regulated; permit. 
(a) No person other than a duly licensed physician, veterinarian or phar- 
macist shall bring into the City of New York, or manufacture, use or have in 
his possession in the said City any valerian or valerianate or any of its deriva- 
tives, preparations or compounds or any synthetic substance having a similar, 
characteristic, strong, obnoxious odor of valerian or valerianate or any of its 
derivatives, preparations or compounds, without a permit issued therefor by the 
Board of Health or otherwise than in accordance with the terms of said permit 
and the regulations of the Board of Health. The provisions of this section shall 
not apply to a person who has received same as a drug in the original container 
for medicinal purposes upon a written prescription from a duly licensed physician 
as hereinafter provided. 
Except as herein otherwise provided for pharmacists, every person who 
manufactures, uses or sells or gives away any valerian or valerianate or any 
of its derivatives, preparations or compounds or any synthetic substance having 
a similar, characteristic, strong, obnoxious odor of valerian or valerianate or 
any of its derivatives, preparations or compounds shall cause the container to be 
labeled with the specific name of the drug or chemical and the quantity or propor- 
tion or amount contained therein, and shall keep a complete itemized written 
record of the quantity manufactured or received and the quantity sold, used or 
dispensed for any purpose whatsoever. Such written record shall state the date 
of manufacture or receipt, the quantity thereof, the name of the person or firm 
from whom received and when sold, used or dispensed, the date and quantity sold, 
used or dispensed, together with the name and address of the purchaser. 
No sale shall be made except upon a written order signed either by a duly 
licensed physician, veterinarian or pharmacist or by a person holding a permit 
as herein provided, and said written order shall state the drug or chemical and 
the quantity ordered, together with the name and address of the purchaser, and 
date of said order. All the records herein referred to shall be kept for a period 
of two years. 
(b) No person shall, in the City of New York, sell or offer for sale at 
retail, or give away any valerian or valerianate or any compounds or derivatives 
thereof or any synthetic substance having a similar, characteristic, strong, ob- 
noxious odor of valerian or valerianate or any compounds or derivatives thereof, 
in any form except upon a written prescription of a duly licensed physician or 
veterinarian, which prescription shall, in addition to the directions and the quan- 
tity prescribed, state clearly and legibly the name and address of the patient. 
Such prescription shall be consecutively numbered and kept on file by the pharma- 
cist for a period of five (5) years, and no copy or duplicate of such prescription 
shall be made or given awav. The label on the container in which the said drug 
is sold or dispensed shall, in addition to other information, bear the name and 
address of the pharmacist, the date compounded and the consecutive number 
of the prescription under which it is recorded in his prescription files. 
Every pharmacist shall keep a separate itemized record of the date and 
quantity of all valerian or valerianate or any compounds or derivatives thereof 
or any synthetic substance having a similar, characteristic, strong, obnoxious 
odor of valerian or valerianate or any compounds or derivatives thereof received 
and dispensed by him, except when the same is contained in a proprietary or 42 
SANITARY CODE 
patent medicine where the label attached to the container states the specific name 
of the drug or chemical and the quantity or proportion or amount contained 
therein. 
(c) No person other than one holding a fumigant permit from the Board of 
Health shall, in the City of New York, engage in the business of deodorizing or 
neutralizing the odors, vapors, gases or fumes from valerian or valerianate, or 
any compounds or derivatives thereof, or any synthetic substance having a simi- 
lar, characteristic, strong, obnoxious odor of valerian or valerianate or any 
compounds or derivatives thereof. 
(d) The provisions of this section shall apply to any of the drugs or chem- 
icals referred to herein whatever may be the name under or by which the same 
may be called or known, and all records required to be kept pursuant to this 
section shall be open to inspection by inspectors and representatives of the 
Health and Police Departments of the City of New York. 
(Former §127 adopted August 2U, 1915, annulled July 25, 1921; neiv §127 
adopted July 25, 1933). 
§l2B. Hair dyes and other toilet preparations containing an aniline deriva- 
tive, or an amine, metallic or other injurious or poisonous in- 
gredients; sale, distribution and use regulated. 
No person shall sell, offer for sale, give away, deal in, or supply, or apply 
in the conduct of a beauty shop, barber shop, hair dyeing establishment or similar 
establishment or have in his or her possession with intent to sell, offer for sale, 
give away, deal in or supply, or apply in the conduct of a beauty shop, barber 
shop, hair dyeing or similar establishment any hair dye intended for human use 
which contains an aniline derivative or an amine or any hair dye, cosmetic 
or other toilet preparation which contains any metallic salt or compound as 
defined in the regulations pertaining hereto or any other injurious or poisonous 
ingredient, in a manner otherwise than in accordance with the regulations of 
the Board of Health. 
The term “aniline derivative or an amine” as used herein shall mean and 
include phenylene diamine, toluylene diamine, amino-phenol, or any other amine, 
diamine, or polyamine of the benzene, naphthalene or anthracene series, or any 
compound or derivative thereof. (Adopted December 21, 1915; amended Novem- 
ber 9, 1926, March 31, 1931, and December 29, 1931). 
§l2f). Condemnation and destruction of drugs, medicines, toilet preparations, 
etc., animal hairs, skins, etc., and articles made from animal hairs, 
etc., authorized. 
Upon any drug, medicine, hair dye, cosmetic or toilet preparation or animal 
hair, animal skin, or animal hide, or articles made from animal hairs, furs, 
animal skins or hides, being found by an inspector or other duly authorized 
representative of this Department of Health in a contaminated or unsound condi- 
tion or in a condition which renders it, in his opinion, unfit for human use, 
externally or internally, or in a condition or of a weight, quality, or strength, 
forbidden by the provisions of the Sanitary Code, such inspector or duly author- 
ized representative of the said Department is hereby empowered and directed to 
immediately seize the said drug, medicine, hair dye, cosmetic or toilet preparation 
or animal hair, animal skin, or animal hide, or articles made from animal hairs, 
furs, animal skins or hides, and affix thereto a label bearing the words. “Seized 
by the Board of Health.” Such drug, medicine, hair dye, cosmetic or toilet prep- 
aration or animal hair, animal skin, or animal hide, or articles made from animal 
hairs, furs, animal skins or hides, when so labelled shall not be touched, disturbed, 
sold, offered for sale, or given away, but shall be released, destroyed, or other- 
wise finally disposed of. as the Board of Health, through the Commissioner or 
Director of Foods and Drugs or Chief of the Division of Drug Inspection, shall 
direct. (Adopted December 28, 1916, and amended October 23, 1923, and Sep- 
tember 10, 1931). 
No person shall sell, offer for sale, give away, deal in, or supply, any article 
of food, drug, drink or medicine, intended for internal human use, which contains 
any medicated alcohol, whatever may be the name or trade mark under or by 
which the said medicated alcohol shall be called or known. 
No person shall sell, offer for sale, give away, deal in, or supply, or have 
§l3O. Medicated alcohol; sale and distribution regulated. SANITARY CODE. 
43 
in his or her possession with intent to sell, offer for sale, give away, deal in, or 
supply, at retail, any medicated alcohol, whatever may be the name or trade mark 
under or by which the said medicated alcohol shall be called or known, unless 
the container in which the same is sold, offered for sale, given away, dealt in, 
or supplied, shall bear a notice containing the following device and words con- 
spicuously printed or stenciled thereon, viz.: 
POISON 
MEDICATED ALCOHOL 
Warning.—lt is unlawful to use this fluid in any article of food, drug, drink 
or medicine, intended for internal human use. 
The term “medicated alcohol” as herein used, shall be taken to mean and 
include ethyl alcohol to which has been added some poisonous material and which 
is sold at retail as medicated alcohol. (Adopted September 30, 1920, amended 
April 28, 1921). 
§l3l. Completely denatured alcohol; sale and distribution regulated. 
No person shall sell, offer for sale, give away, deal in, or supply, any article 
of food, drug, drink, or medicine, intended for external or internal human use, 
which contains any completely denatured alcohol, whatever may be the name or 
trade mark under or by which the said completely denatured alcohol shall be 
called or known. 
No person shall sell, offer for sale, give away, deal in, or supply, or have in 
his or her possession with intent to sell, offer for sale, give away, deal in, or 
supply, at retail, any completely denatured alcohol, whatever may be the name 
or trade mark under or by which the said completely denatured alcohol shall be 
called or known unless the container in which the same is sold, offered for sale, 
given away, dealt in, or supplied, shall bear a notice containing the following 
device and words conspicuously printed or stenciled thereon, viz.: 
POISON 
COMPLETELY DENATURED ALCOHOL 
Warning.—lt is unlawful to use this fluid in any article of food, drug, drink, 
or medicine, intended for external or internal human use. 
The term “completely denatured alcohol,” as herein used, shall be taken to 
mean and include ethyl alcohol to which has been added some poisonous material, 
and which is sold at retail as completely denatured alcohol. (Adopted September 
30, 1920, amended April 28, 1921). 
§132. Hypodermic syringe. 
No person except a dealer in surgical instruments, apothecary, physician, 
dentist, veterinarian or nurse, attendant or interne of a hospital, sanatorium or 
institution in which persons are treated for disability or disease shall at any 
time have or possess a hypodermic syringe or needle or any instrument or im- 
plement adapted for the use of cocaine or narcotic drugs by subcutaneous injec- 
tions and which is possessed for that purpose unless such possession be author- 
ized by the certificate of a physician issued within the period of one year prior 
thereto. (Adopted as §133, Article BA, July 25, 1921; renumbered §135 August 
1, 1921 and renumbered §132 of Article 8, June 13, 1939). 44 
SANITARY CODE 
ARTICLE 8-A* 
Habit-Forming Drugs 
Section 132. Prohibited acts constituting a public menace. 
133. Prohibited acts. 
134. Authorized acts of trades and professions. 
135. Hypodermic syringe. 
135-a. Exemptions. 
135-b. Commitment of addicts; procedure; treatment; discharge. 
135-c. Fraud, deceit, et cetera. 
135-d. Penalties. 
ARTICLE 9 
Food and Drink 
Section 136. Inspection of food and other substances authorized. 
137. Condemnation and destruction of animals and food authorized. 
138. Possession of food or drugs, prima facie, deemed to be held for 
sale. 
139. Food; sale of adulterated or misbranded prohibited; the terms 
“food”, “adulterated”, and “misbranded” defined. 
139-a. Sausage or sausage meat; sale of adulterated or misbranded pro- 
hibited; the terms “sausage” or “sausage meat,” “adulterated” 
or “misbranded” defined. 
139-b. Non-alcoholic carbonated drink or beverage; sale of adulterated 
or misbranded prohibited; the term “non-alcoholic,” “adulter- 
ated,” and “misbranded” defined. 
139- Almond paste; kernel paste; sale of adulterated or misbranded 
prohibited; the terms “almond paste,” “kernel paste.” “adulter- 
ated” or “misbranded” defined. 
140. Food and drink; not to be sold under a false name or quality. 
140- Adulterated meats; distribution prohibited; terms “adulterated,” 
“water added,” defined; pumping devices on vehicles prohibited. 
141. Poisonous, deleterious and unwholesome substances; use as food 
prohibited. 
141- Bleached flour to be conspicuously marked or labeled. 
142. Food; to be protected from dust, dirt, flies, or other contamina- 
tion. 
143. Eating and drinking utensils; use in common prohibited; the 
term “public place” and “factory” defined. 
144. Cooking, eating and drinking utensils to be properly cleaned 
after being used; the term “properly cleansed” defined; protec- 
tion of cooking utensils, etc., from dirt, dust, flies, etc.; ex- 
ception. 
145. Prohibited metals in taps, faucets, tanks, fountains, vessels, etc., 
when used for drinks, beverages and foods. 
146. Employment of persons affected with a communicable disease 
prohibited; medical certificate required where milk is produced, 
pasteurized, etc. 
147. Room, factory, stall, place, and appurtenances to be kept in a 
cleanly and wholesome condition; food, drugs and drink to be 
clean and wholesome, and not poisoned, infected, or rendered 
unsafe; personal responsibility of owner, lessee, occupant, or 
person in charge. 
148. Manufacture and storage of food and drink regulated. 
148-a. Syrup; manufacture and sale regulated. 
149. Conduct and maintenance of restaurants regulated; permit re- 
quired. 
150. The care and sale of food and drink in stores regulated. 
150-a. Sale of fish in streets regulated; sale of shellfish in streets pro- 
hibited; exception. 
151. Unwholesome, unclean, watered or adulterated milk, skimmed 
* (Article repealed except Section 13S which was renumbered Section 132 and inserted in Article 
S, June 13, 1939). SANITARY CODE 
45 
milk and cream and skimmed milk, cream, butter or cheese 
made therefrom; possession and sale prohibited. 
151-a. Butter, cheese and cream cheese, sale and manufacture regu- 
lated; eggs, sale regulated; “cream” and “cream cheese” de- 
fined; permits required; exception. 
151-c. Whipped butter; preparation or whipping of butter regulated; 
permit required. 
152. Adulterated butter, milk and cream; distribution prohibited; 
terms “adulterated” and “butter” defined. 
153. Adulterated milk, skimmed milk and cream; seizure and destruc- 
tion authorized. 
154. Adulterated condensed milk; distribution prohibited; the term 
“adulterated” defined. 
155. Milk, skimmed milk, cream, ice cream mix, condensed milk, con- 
densed skimmed milk, modified milk, buttermilk, cultured but- 
termilk, chocolate milk, chocolate flavored drink, cocoa milk, 
and cocoa flavored drink; sale regulated; permit required; 
exception. 
155-a. Vitamin D milk and milk products defined; production and sale 
thereof regulated; permit required. 
155-b. Homogenized milk; production, labeling and sale regulated. 
156. Milk and cream, grades and designations. 
157. Milk, skimmed milk and cream; must conform to grade standards. 
157-a. Emergency distribution of milk. 
158. Buttermilk, sour milk, sour cream, and other milk products; 
quality of product regulated. 
159. Bottles, cans, and other receptacles for holding milk, skimmed 
milk and cream; use regulated and restricted. 
159-a. Empty bottles, cans and other receptacles for holding milk, 
skimmed milk, buttermilk, cream, or ice cream, not to be con- 
taminated with garbage and offensive materials. 
159-b. Sale of loose milk prohibited; exceptions. 
159-c. Sale of loose sweet cream, sour cream, buttermilk, cultured but- 
termilk, fermented milks, chocolate or cocoa milk, or chocolate 
or cocoa flavored drink, prohibited. 
160. Carcasses of calves, pigs, kids or lambs; fish, birds and fowl; sale 
regulated. 
161. Cattle; not to be killed while in an overheated, or feverish con- 
dition. 
162. Meat and dead animals; sale regulated. 
163. Unhealthy, unsound, unwholesome and unsafe meat, vegetables 
and milk, possession and sale prohibited; poultry in cans, sale 
restricted; terms “meat,” “vegetables” defined. 
164. Shellfish defined; sale regulated; permits and registration. 
164- Taking shellfish from condemned areas, prohibited. 
165. Artificial or natural mineral, spring, or other waters; manufac- 
ture regulated. 
165- Soft drinks; sale regulated; permit required. 
166. Public water supply; purity and wholesomeness protected. 
167. Water; duties of persons in authority. 
167-a. Water for drinking and culinary purposes on vessel. 
167-b. Water boats; permit required. 
168. Water from wells; the use thereof regulated and restricted. 
169. Drinking hydrants; water therefrom not to be rendered unwhole- 
some. 
170. Addition of chemicals to water supply in buildings regulated; 
permit required. 
171. Shellfish; sale of, adulterated and misbranded prohibited. 
172. Sale of carcasses of certain animals and dressed birds, poultry 
and fowl restricted. 
173. Skimmed milk (fluid) ; distribution regulated; written permission 
and permit for manufacturing purposes; pasteurization; ex- 
ception. 
175. Frozen desserts; definitions; manufacture and sale regulated. 
176. Frozen dessert and ice cream mix; adulteration or misbranding 
prohibited. 46 
SANITARY CODE. 
177. Frozen dessert; permits regulated. 
178. Food gelatin; sale of adulterated or misbranded prohibited; the 
term “food gelatin,” “adulterated” and “misbranded” defined. 
179. Prohibiting the manufacture, sale and distribution of imitation 
milk and cream. 
180. The use of unclean and unsanitary food receptacles prohibited; 
to be cleaned after being used. 
§136. Inspection of food and other substances authorized. 
Dealers in food, drugs, and all other substances used or intended to be used 
for human consumption, or for internal or external human use, and their agents, 
and all persons engaged in the transportation thereof, shall allow any duly auth- 
orized representative of the department of health to freely and fully inspect the 
cattle, meat, fish, vegetables, milk, and other food or drugs, as well as all other 
substances used or intended to be used for human consumption, or for internal or 
external human use, held or kept by them, or intended for sale. (S. C., §6O; 
amended Dec. 28, 1916). 
§137. Condemnation and destruction of animals and foods authorized. 
Upon any cattle, sheep, swine, or other animals, fowl or other birds, meat, 
fish, vegetables, or milk, or other food or drink being found by any inspector ox- 
other duly authorized representative of the department of health in a condition 
which renders it or them, in his opinion, unfit for use as human food, or in a 
condition or. of a weight or quality forbidden by provisions of the Sanitary Code, 
such inspector or other duly authorized representative of the said department is 
hereby empowered, and directed to immediately condemn and, when possible, de- 
nature the same and cause it or them to be destx-oyed or removed to the offal or 
garbage dock for destruction, and report his action to the said department without 
delay. 
And the owner or person in charge thereof, when so directed by an inspector 
or other duly authorized repi-esentative of the said department or by an order of 
the sanitax-y superintendent, an assistant sanitary superintendent, or the director 
of the bureau of food and drugs of the said department shall remove or cause the 
same to be removed to the place designated by such inspector or other duly 
authorized representative, or by the order of said sanitary superintendent or 
such assistant sanitary superintendent, or the director of the bureau of food and 
drugs, and shall not sell, offer to sell, or dispose of the same for human food. And 
when, in the opinion of the sanitary superintendent or an assistant sanitax-y 
superintendent, or the director of the bureau of food and drugs, any such meat, 
fish, milk, vegetables, or other food or drink shall be unfit for human food, or any 
such cattle, sheep, swine, or other animals, or fowls or other birds, by reason of 
disease, or exposure to contagious disease, shall be unfit for human food, and in 
an unfit condition to remain near other animals or to be kept alive, the board of 
health may direct the same to be destroyed, in such manner as the said board 
shall designate. (S. C., §5B; amended Dec. 21, 1915). 
§l3B. Possession of food or drugs, prima facie, deemed to be held for sale. 
Food in the possession of, or held, kept, or offered for sale by, a dealer in food 
shall, prima facie, be deemed to be held, kept, or offered for sale as human food; 
and drugs in the possession of, or held, kept, or offered for sale by, a dealer in 
drugs shall, prima facie, be deemed to be held, kept, or offered for sale for in- 
ternal or external human use. (Amended December 28, 1916). 
§lBO. Food; sale of adulterated or misbranded prohibited; the terms “food”, 
“adulterated”, and “misbranded” defined. 
No person shall have, sell, or offer for sale in the city of New York any food 
which is adulterated or misbranded. The term food as herein used shall include 
every article of food and every beverage used by man and all confectionery. 
Food as herein defined shall be deemed adulterated: 
(1) If any substance or substances has or have been mixed and packed with 
it so as to reduce or lower or injuriously affect its quality or strength. 
(2) If any inferior or cheaper substance has been substituted wholly or in 
part for the article. 
(3) If any valuable constituent of the article has been wholly or in part ab- 
stracted. 
(4) If it consists wholly or in part of diseased or decomposed or putrid or 
rotten animal or vegetable substance, or any portion of any animal unfit for food, SANITARY CODE. 
47 
-or if it is a product of a diseased animal, or one that has died otherwise than by 
slaughter. 
(5) If it is colored or coated or polished or powdered, whereby damage is con- 
cealed or it is made to appear better than it really is. 
(6) If it contains any added poisonous ingredient, or any ingredient which 
may render it injurious to health; or if it contains any antiseptic or preservative 
not evident and not known to the purchaser or consumer. 
(7) If, in the case of confectionery, it contains terra alba, barytes, talc, 
chrome yellow, or other mineral substance or poisonous color or flavor, or other 
ingredient deleterious or detrimental to health; or any vinous, malt, or spirituous 
liquor or compound, or narcotic drug, 
(8) If, in the case of spirituous, fermented, and malt liquors, it contains 
any substance or ingredient which is not normally present in such liquors, or 
which may be deleterious or detrimental to health when such liquors are used 
as beverages. 
Food shall be deemed misbranded: 
(a) If it is an imitation or offered for sale under the distinctive name of 
another article. 
(b) If it is labeled or branded so as to deceive or mislead the purchaser, or 
purport to be a foreign product when not so; or if the contents of the package 
as originally put up, shall have been removed in whole or in part and other con-i 
tents shall have been placed in such package; or if it fails to bear a statement on 
the label of the quantity or proportion of any morphine, opium, cocaine, heroin, 
alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilid, 
or any derivative or preparation of any such substances, contained therein. 
(c) If in package form and the contents are stated in terms of weight or 
measure, such weight or measure is not plainly and correctly stated on the outside 
of the package. 
(d) If the package or its label shall bear any statement, design, or device, re- 
garding the ingredients or the substances contained therein, which statement, 
design, or device shall be false or misleading in any particular. 
Provided, that an article of food which does not contain any added poisonous 
or deleterious ingredient shall not be deemed to be adulterated or misbranded in 
the following cases: 
First. In the case of mixtures or compounds which may be now or from time 
to time hereafter known as articles of food, under their own distinctive names, 
and not an imitation of or offered for sale under the distinctive name of another 
article, if the name be accompanied on the same label or brand with a statement 
of the place where said article has been manufactured or produced. 
Second. In the case of articles labeled, branded, or tagged, so as to plainly 
indicate that they are compounds, imitations, or blends, the word “compound,” 
“imitation,” or “blend,” as the case may be, being plainly stated on the package 
in which it is offered for sale; provided, that the term “blend,” as herein used, 
shall be construed to mean a mixture of like substances, not excluding harmless 
coloring or flavoring ingredients used for the purpose of coloring and flavoring 
only. 
And provided further, that nothing in this section shall be construed as re- 
quiring or compelling proprietors or manufacturers of proprietary foods which 
contain no unwholesome added ingredient, to disclose their trade formulas, except 
in so far as the provisions of this section may require to secure freedom from 
adulteration or misbranding. (S. C., §6B). 
§l39a. Sausage or sausage meat; sale of adulterated or misbranded pro- 
hibited; the terms '‘sausage” or “sausage meat,” “adulterated” or 
“misbranded” defined. 
No sausage or sausage meat that is adulterated or misbranded shall be 
brought into, or held, kept, offered for sale or sold in the City of New York. The 
term “sausage” or “sausage meat” as used herein shall include every product 
made or prepared from the finely cut, chopped or ground edible portions of cattle 
or swine, or both, whether in the raw, fresh, salted, pickled, cooked or smoked 
state, with or without the addition of salt, spices, condiments, animal fats, blood 
and sugar. 
Sausage or sausage meat shall be deemed to be adulterated: 
(1) If it contain any cereal. 
(2) If it contain any added coloring matter. 
(3) If it contain an excess amount of water. 48 
SANITARY CODE 
(4) If any diseased or decomposed or putrid or rotten animal or vegetable 
substance or any lungs or cows’ udders enter into its composition or be found 
therein. 
(5) If it contain any antiseptic or preservative other than salt, sugar, wood 
smoke, cider vinegar, wine vinegar, malt vinegar, sugar vinegar, glucose vinegar, 
pure spices, saltpeter, or nitrate of soda. 
Sausage or sausage meat shall be deemed to be misbranded if it be labeled or 
branded so as to deceive or mislead the purchaser. (Adopted Feb. 8, 1923). 
§l39b. Non-alcoholic carbonated drink or beverage; sale of adulterated or 
misbranded prohibited; the term “non-alcoholic,” “adulterated,” 
and “misbranded” defined. 
No person shall sell or offer for sale, deal in or supply or have or possess, 
with intent to sell, offer for sale, deal in or supply, any non-alcoholic carbonated 
drink or beverage which is adulterated or misbranded, or otherwise than in accord- 
ance with the regulations of the Board of Health. 
The term “non-alcoholic carbonated drink or beverage” as herein used shall 
be taken to mean and include all carbonated beverages flavored or unflavored, and 
all non-alcoholic carbonated drinks or beverages of any kind or character except- 
ing artificial or natural mineral, spring, or other waters, for drinking purposes, 
or still, or carbonated table or medicinal water, and beverages made in imitation 
of beer or similar drinks. 
The provisions of this section shall not prohibit the use of any harmless in- 
gredient in the manufacture of non-alcoholic carbonated drinks or beverages. 
Non-alcoholic carbonated drink or beverage as herein defined shall be deemed 
to be adulterated; 
(1) If when sweetened it contain less than 7% by weight of sugar (sucrose) 
in the finished product, except dry ginger ale which shall contain not less than 5% 
of sugar (sucrose). 
(2) If it contain more than 0.004% by weight of saccharin or other syn- 
thetic sweetening agent in the finished product. 
(3) If it contain any boric acid or borate, silicylic acid or salicylate, for- 
maldehyde, hydrofluoric acid or fluoride, fluoborate, fluosilicate, or other fluorine 
compounds or other prohibited food preservatives, or any substance deleterious or 
injurious to health. 
(4) If it contain any uncertified coal tar color. 
(5) If it contain any added saponin. 
(6) If it consist in part of diseased or decomposed or putrid or rotten animal 
or vegetable substance, or of any portion of any vegetable unfit for human food. 
Non-alcoholic carbonated drink or beverage as herein defined shall be deemed 
misbranded: 
(a) If it be labeled or misbranded so as to deceive or mislead the purchaser 
or consumer, or purport to be a foreign product when it is not. 
(b) If the presence of saccharin or other synthetic sweetening agent is not 
declared in clear, legible type on the label attached to the bottle or container or 
cap. 
(c) If in package form and the contents are stated in terms of weight or 
measure, such weight or measure be not plainly and correctly stated on the outside 
of the package. 
(d) If the container, package, label, display sign, or any advertising matter 
shall bear any statement, design or device regarding the ingredients or the sub- 
stance contained therein, which statement, design or device shall be false or mis- 
leading in any particular. (Adopted Jxdy 17, 1923, and amended November 21, 
1923, and July 30, 1925). 
§139c1. Almond paste; kernel paste; sale of adulterated or misbranded pro- 
hibited; the terms “almond paste,” “kernel paste,” “adulterated” 
or “misbranded” defined. 
No almond paste or kernel paste which is adulterated or misbranded shall be 
held, kept, offered for sale or sold as food in the City of New York, nor shall any 
such almond paste or kernel paste be kept or stored anywhere in the said City. 
The term “almond paste” as used herein shall be deemed to mean and include 
only the plastic product consisting of blanched and ground almonds, cooked to a 
proper consistency with the addition of sugar (sucrose) and which shall contain 
not more than forty (40%) per cent of total sugars. 
The term “kernel paste” as used herein shall be deemed to mean and include SANITARY CODE 
49 
only the plastic product consisting of the blanched and ground kernels of apri- 
cots, peaches or plums (prunes) freed from hydrocyanic acid and cooked to a 
proper consistency with the addition of sugar (sucrose) and which shall contain 
not more than forty (40%) per cent of total sugars. 
Almond paste or kernel paste shall be deemed to be adulterated: 
1. If more than forty (40%) per cent of total sugars be contained therein. 
2. If any added antiseptic or preservative be found therein. 
3. If any diseased or decomposed or putrid or rotten animal or vegetable 
matter or substance or any portion of any animal or vegetable unfit for human 
food enter into its composition or be found therein. 
4. If any substance has been added, mixed or packed with it so as to reduce 
or lower or injuriously affect its quality or strength. 
Almond paste or kernel paste shall be deemed to be misbranded if it be 
labeled or branded so as to deceive or mislead the purchaser or consumer regard- 
ing the ingredients or the substances contained therein, which statement, design 
or device shall be false or misleading in any particular. (Adopted July 30, 1925). 
§l4O. Food and drink; not to be sold under a false name or quality. 
No meat, fish, fruit, vegetables, eggs, milk, or other food or drink shall be 
sold, held, or offered for sale, under a false name or quality, nor shall any food or 
drink which is not wholesome, sound, and safe for human consumption, be repre- 
sented as being wholesome, sound, or safe for human consumption. (S. C., §4B), 
§l4oa. Adulterated meats; distribution prohibited; terms “adulterated,” 
“water added,” defined; pumping devices on vehicles prohibited. 
No person shall bring into the City of New York, or have, keep, sell or offer 
for sale in said city, any cured, smoked, or otherwise processed beef (voluntary 
muscle tissue of the adult bovine animal), tongue, ham or “Cali” ham (shoulder of 
pork), which is adulterated. 
Such cured, smoked or otherwise processed meat shall be deemed adulterated: 
(1) If it contains any gelatin or fat injected or pumped into the meat. 
(2) If it contains added water greater than ten percentum (10%) of the 
weight of the meat. 
“Added water” defined. Added water as herein used shall be taken to mean 
and include the water content of meat in excess of four times the weight of pro- 
tein found in the meat. 
No person shall have upon any vehicle transporting meat any hypodermic 
syringe, pump or other device that can be used for the injection or pumping of 
any fluid or other substance into the meat. (Adopted January 12, 1937). 
§l4l. Poisonous, deleterious, and unwholesome substances; use as food pro- 
hibited. 
No person, being the owner, lessee, manager, or in charge of any place in 
which food or drink is produced, manufactured, prepared, packed, stored, dis- 
tributed, offered for sale, or sold shall, therein or thereat, offer or have, for food 
or drink, or to be eaten or drunk, any poisonous, deleterious, or unwholesome sub- 
stance, or allow anything to be done or to occur, therein or thereat, dangerous to 
life or prejudicial to health. (S. C., §47). 
§l4la. Bleached flour to be conspicuously marked o,r labeled. 
No flour, to which oxides of nitrogen, or nitrous acid, or nitrates, or chlorine, 
or any other chemical bleaching agent has been added, shall be brought into the 
City of New York or held, kept, offered for sale or sold in said City, unless the 
package or container shall be legibly and conspicuously marked or labeled with 
the word “Bleached.” 
No bleached flour although properly labeled shall be brought into the City of 
New York, offered for sale or sold in the said City, unless the miller, jobber or 
packer of such flour has filed with the Department of Health an affidavit stating 
the name of the bleaching agent used in the bleaching of such flour. (Adopted 
June 9, 1922 and amended May 2, 1933). 
§l4lb. (Repealed May 2, 1933). 
§142. Food; to be protected from dust, dirt, flies, or other contamination. 
No food intended for human consumption shall be kept, sold, offered for sale, 
displayed, or transported, unless protected from dust, dirt, flies, and other con- 50 
SANITARY CODE 
tamination; nor shall any food intended for human consumption be deposited or 
allowed to remain within a distance 2 feet above the surface of any sidewalk, 
street, alley, or other public place, or the floor of any building where exhibited, 
unless the same shall be contained in boxes or other receptacles, so as to be pro- 
tected from dogs and other animals and their excretions. 
No candy, or bread, pastry, or other bakery product, intended for human 
consumption, shall be kept, sold, offered for sale, or displayed in any open window 
or doorway of a building, or upon any stand, or pushcart, wagon, or other vehicle 
in any street or other public place, unless such candy or bread, pastry, or other 
bakery product is separtely wrapped in paper or contained in a cardboard box or 
other dust and flyproof wrapper or container. 
The provisions of this section shall take effect August 16, 1919 (S. C., §46; 
amended July 2-4, 1919). 
§143. Eating and drinking utensils; use in common prohibited; the term 
“public place” and “factory” defined. 
The use of common eating or drinking utensils in any public place, park, 
street or avenue, public institution, lodging-house, hotel, theatre, factory, school, 
public hall, railroad car, ferry boat, railway station, or ferry house, or the fur- 
nishing of any such common eating or drinking utensils for use in any such place 
is hereby prohibited. 
The term “public place” as used herein shall be construed to include: 
(a) Any place where goods, wares, or merchandise are sold or offered for 
sale; 
(b) Any department, bureau, building, or office, of a municipal corporation. 
The term “factory” as used herein shall be construed to include any workshop 
or manufacturing or business establishment where persons are employed at labor. 
(S. C„ §189). 
§144. Cooking, eating and drinking utensils to be properly cleansed after 
being used; the term “properly cleansed” defined; protection of 
cooking utensils, etc., from dirt, dust, flies, etc.; exception. 
All utensils used in the preparation, service and sale of any food or drink 
intended for human consumption, and all knives, forks, spoons, plates, dishes, cups, 
saucers and glasses used in the preparation, service and sale of any food or drink 
intended for human consumption shall be properly cleansed after being used, 
and no such utensil, or knife, fork, spoon, plate, dish, cup, saucer or glass shall 
under any circumstances be used a second time unless it shall have been, after the 
previous use thereof, so cleansed. In such cleansing the use of water which has 
become insanitary by previous use thereof is prohibited. 
The term “properly cleansed” as herein used shall be taken to mean the 
cleansing after each use of all utensils, including knives, forks, spoons, plates, 
dishes, cups, saucers or glasses used in the preparation, service or sale of any 
food or drink intended for human consumption, in a solution of soap or soda or 
suitable cleansing powder in hot water followed by a thorough rinsing or spraying 
or immersion in clean boiling water (212° F.) for a period of one minute, or in 
hot water of a temperature not less than one hundred and eighty (180° F.) 
degrees Fahrenheit at all times when used for purposes of sterilization, for a 
period of two minutes; by sterilization with live steam; or by some other equally 
effective method approved by the Department of Health. 
All crockery, cutlery, glassware and cooking, eating and drinking utensils 
which have been properly cleansed and sterilized must be so stored, kept and 
handled as to prevent contamination from dust, dirt, flies or other sources. 
No beverages or drinks intended for human consumption shall be sold, offered 
for sale or dispensed upon any stand or pushcart, wagon or other vehicle, in any 
street or other public place, unless such beverage or drink is dispensed or served 
in a paper cup or other single service container. (S. C., §49-b; amended May 31, 
1916, August 1, 1921, and March 13, 1928). 
§145. Prohibited metals in taps, faucets, tanks, fountains, vessels, etc. ,Avhen 
used for drinks, beverages and food. 
No person shall keep or use in the manufacture, sale or keeping for sale, of 
any drink, beverage or food, nor shall any person offer for sale, sell or manufac- 
ture, for use in the preparation, storage or dispensing of a drink, beverage or 
food, any tap, faucet, tank, fountain, refrigerator, utensil, vessel, apparatus, 
or any pipe, or conduit or parts in connection therewith, which is composed 
or made either wholly or in part of lead, cadmium, or other metal or metallic SANITARY CODE 
51 
substances that are or will be affected by the drink, beverage or food so that 
dangerous, unwholesome, or deleterious compounds are formed therein or thereby 
or such that the drink, beverage or food made or stored therein or drawn there- 
from shall be unwholesome, dangerous or detrimental to health. (S. C., §sl; 
amended June 8, 1939). 
§146. Employment of persons affected with a communicable disease pro- 
hibited; medical certificate required where milk is produced, pas- 
teurized, etc. 
No person who is affected with any disease in a communicable form or is a 
carrier of such disease shall work in any place where food or drink is prepared, 
cooked, mixed, baked, exposed, bottled, packed, handled, stored, manufactured, 
offered for sale, or sold, and no food dealer shall employ any such person or any 
person suspected of being affected with any disease in a communicable form or of 
being a carrier of such disease. -v 
No person producing milk in the City of New York for the purpose of sale 
and no wholesale dealer in milk or cream or operator of a creamery or of a milk 
or cream receiving station, pasteurizing or bottling plant or manufacturer of 
frozen desserts at wholesale in the City of New York or whose products are 
shipped into said City shall employ any person and no person shall work in such 
place, unless he has filed with his employer a medical certificate signed by a duly 
licensed physician stating the date of examination and that such person is free 
from any disease in a communicable form. Such medical certificate shall be good 
for one year from the date of such examination. 
(Amended December 21, 1915, April 25, 1916, March 1, 1923, January 2l+, 
1933 and September 18, 1931+). 
§147. Room, factory, stall, place, and appurtenances to be kept in a cleanly 
and wholesome condition; food, drugs and drink to be clean and 
wholesome, and not poisoned, infected, or rendered unsafe; per- 
sonal responsibility of owner, lessee, occupant, or person in charge. 
Every person being the owner, lessee, occupant, or in charge of any room, 
stall, factory, premises, or place, where any food or drink intended for human 
consumption, or drugs intended for internal or external human use, shall be 
manufactured, prepared, stored, kept, held, or offered for sale, shall put and 
keep such room, stall, factory, premises, or place, and its appurtenances, in a 
cleanly and wholesome condition, and every person having charge, or interested 
or engaged, whether as principal or agent, in the care or in respect to the 
custody or sale, of any food or drink intended for human consumption, or drugs 
intended for internal or external human use, shall put and preserve the same 
in a cleanly and wholesome condition, and shall not allow the same, or any part 
thereof, to become poisoned, infected, or rendered unsafe or unwholesome for 
human food or drink or for internal or external human use. (S. C., §49; 
amended Dec. 28, 1916). 
§l4B. Manufacture and storage of food and drink regulated. 
No building, room, or place, where food or drink is prepared, cooked, mixed, 
baked, exposed, bottled, packed, handled, stored, or manufactured, shall be con- 
ducted, operated, maintained, or used otherwise than in accordance with the 
regulations of the board of health. 
§l4Ba. Syrup; manufacture and sale regulated. 
No person shall manufacture any syrup for sale without a permit issued 
therefor by the Board of Health or otherwise than in accordance with the terms 
of said permit and the regulations of the said Board. (Adopted April 29, 1921+). 
§l4O. Conduct and maintenance of restaurants regulated; permit required. 
No person shall conduct, operate, or maintain any restaurant in the city of 
New York without a permit therefor issued by the board of health or otherwise 
than in accordance with the terms of said permit and the regulations of said 
board. The term “restaurant,” as herein used, shall be taken to mean and include 
every buffet, lunch room, grill room, lunch counter, dining-room of hotel, and 
every other public place where food is served, sold and consumed on the premises, 
every lunch counter in a saloon where food is sold or given away, and all kitchens 
appurtenant thereto or connected therewith. (Amended Jan. 30, 1917). 52 
SANITARY CODE 
§l5O. The care and sale of food and drink in stores regulated. 
No grocery store, butcher store, delicatessen store, confectionery store, 
bakery store, milk store, butter and egg store, fruit and vegetable store, fish 
store, or other place where food or drink is handled, stored, offered for sale, or 
sold, shall be conducted or maintained otherwise than in accordance with the 
regulations of the board of health. 
§lsoa. Sale of fish in streets regulated; sale of shellfish in streets prohibited; 
exception. 
All fish held, kept or offered for sale in and upon any street or public place 
in the City of New York shall be properly iced or refrigerated, and kept and 
displayed in such manner as not to cause a nuisance or be a menace to health. 
All fish stands, push-carts or other vehicles shall be provided with tightly 
covered, water-tight, metal receptacles in which all refuse and waste material 
shall be immediately placed. All refuse and other waste material shall be re- 
moved as often as necessary and shall not be allowed to become a nuisance. 
No shellfish shall be held, kept, sold or offered for sale on a push-cart or other 
vehicle, in any street or public place in said City, except in the public markets 
designated by the Board of Aldermen and in accordance with the terms of the 
permit issued therefor in such public markets by the Board of Health and the 
regulations of said Board. (Former %150-a repealed March 20, 193 U; new §l5O-a 
adopted December 10, 1935). 
§lsob. (Repealed March 20, 1934) 
§lsoc. (Repealed March 20, 1934) 
§l5l. Unwholesome, unclean, watered, or adulterated milk, skimmed milk and 
cream, and skimmed milk, cream, butter or cheese made therefrom; 
possession and sale prohibited. 
No persons shall have at any place where milk, skimmed milk, cream, butter, 
or cheese is kept for sale, or at any place sell, deliver, offer or have for sale or 
keep for use, nor shall any person bring or send to the city of New York, any 
milk, skimmed milk, or cream which is unwholesome, unclean, watered, or adul- 
terated or milk known as “swill milk”, or milk from cows or other animals that 
have been fed in whole or in part on swill, distillery waste, or any substance in a 
state of putrefaction or in any way unwholesome, or milk from sick or diseased 
cows or other animals, or any cream, skimmed milk, butter or cheese made from 
any such milk or any unwholesome butter or cheese. (S. C., §52; amended June 
28, 1917). 
§lsla. Butter, cheese and cream cheese, sale and manufacture regulated; 
eggs, sale regulated; “cream” and “cream cheese” defined; permits 
.required; exception. 
No person shall have, keep, offer for sale, or sell, any butter, cheese, cream 
cheese or eggs in the City of New York, or manufacture in said city, any butter, 
cheese or cream cheese, for the purpose of keeping, selling or offering such butter, 
cheese or cream cheese for sale, without a permit issued therefor by the Board of 
Health or otherwise than in accordance with the terms of said permit and with 
the regulations of the said Board. 
The permit requirement in this section shall apnly to all wholesalers and 
manufacturers but not to the sale of the aforesaid products in retail stores where 
such products are sold directly to the consumer. Permits heretofore issued for 
the sale of any of the aforesaid products in retail stores where such products are 
sold directly to the consumer, shall be deemed revoked. 
The term, “cheese,” as used herein, shall be taken to mean and include the 
product of the dairy, usually known by that term, which is manufactured exclu- 
sively from pure, unadulterated milk, skimmed milk or cream, with or without 
coloring matter, salt, rennet, sage, olives, pimentos, walnuts, peanuts, tomatoes, 
celery salt, or onions, added thereto as a flavor; provided that when manufactured 
by adding to the elemental product of the dairy usually known by the term, 
“cheese,” and manufactured exclusively from pure, unadulterated milk, skimmed 
milk or cream, any pimentos, olives, walnuts, peanuts, celery salt, tomatoes or 
onions, the percentage of all such substances so added shall not exceed twenty- 
five (25%) per centum in bulk of the manufactured product. 
The term, “cream cheese,” as used herein, shall be taken to mean and include SANITARY CODE 
53 
the unripened cheese made by the Neufchatel process from pure, unadulterated 
milk and cream. It shall contain, in the water free substance, not less than 
sixty-five (65%) per centum of milk fat. (Adopted January 22, 192 U and am- 
ended March i-4, 1939). 
§1511). Butter, cheese, cream cheese and eggs; sale regulated; cheese and 
cream cheese defined; permit required. 
§lslc. Whipped butter; preparation or whipping of butter regulated; permit 
required. 
(Repealed March 14, 1939). 
No person shall prepare or whip any butter by means of any device or 
machine, for the purpose of keeping, selling or offering such butter for sale in 
the City of New York, without a permit from the Board of Health or otherwise 
than in accordance with the terms of the said permit and the regulations of the 
said Board. 
The term “whipped butter” as used herein means unadulterated butter as 
defined by Section 152 of the Sanitary Code and which has been whipped or 
treated by device or machine. {Adopted Sept. 2U, 1929, amended Oct. 7, 1930). 
§lsld. Butter; churning or manufacture. 
(Repealed March 14, 1939). 
§152. Adulterated butter, milk and cream; distribution prohibited; terms 
“adulterated” and “butter” defined. 
No butter, milk or cream which is adulterated shall be brought into the city 
of New York, or held, kept, sold or offered for sale, at any place in said city; 
nor shall any person or corporation keep, have, sell or offer for sale in the said 
city any such butter or milk or cream. 
The term “butter” as used herein, means the product of the dairy, usually 
known by that term, which is manufactured exclusively from pure unadulterated 
milk or cream, or both with or without salt or coloring matter and containing 
not less than eighty per centum by weight of milk fat. 
Milk, butter or cream in the possession of or held, kept or offered for sale by 
a dealer in food shall prima facie be deemed to be held, kept and offered for sale 
as human food. 
The term “adulterated” shall be taken to mean and include: 
First. Milk containing more than eighty-eight and one-half percentum of 
water or fluids. 
Second. Milk containing less than eleven and one-half per centum of milk 
solids. 
Third. {Annulled January 11, 1927). 
Fourth. Milk from which any part of the cream has been removed. 
Fifth. Milk containing less than three per centum of fats. 
Sixth. Cream which contains less than eighteen per centum of butter fat. 
Seventh. Milk, or cream from milk, which has been drawn from cows within 
fifteen days before or five days after parturition. 
Eighth. Milk, or cream from milk, which has been drawn from animals fed 
on distillery waste, or any substance in a state of putrefaction, or on any un- 
wholesome food. 
Ninth. Milk, or cream from milk, which has been drawn from cows kept in 
a crowded or unhealthy condition. The term “unhealthy condition” as used herein 
shall be taken to mean and include not only freedom from disease, but also the 
keeping of cows without providing an adequate plot for grazing and pasturing or 
a suitable and adequate yard for the exercising of such cattle. (As amended by 
the Board of Health August 8, 1928). 
Tenth. Milk or cream which has been diluted with water or any other fluid, 
or to which has been added, or into which has been introduced, any foreign sub- 
stance whatever. 
Eleventh. Milk or cream, the temperature of which is higher than 50 degrees 
Fahrenheit, or which contains an excessive number of bacteria. 
Twelfth. Milk, or cream from milk, which is produced in violation of the 
regulations of the Board of Health. 
Thirteenth. Butter containing less than eighty per centum by weight of milk 
fat. 
The provisions of this section shall not be applicable, however, to modified 54 
SANITARY CODE 
milk, held or offered for sale under permit therefor issued by the Board of Health. 
The provisions of this section shall, however, apply to cream sold under any 
foreign name meaning cream, such as smeteny, crema, and rahm, and to all 
cream products and preparations such as homogenized products and milk curds. 
The provisions concerning temperature and bacterial content shall not apply to 
sour cream. 
(S. C., §53; amended June 28, 1917, January 11, 1927, August 8, 1928 and 
May 12, 1936). 
§153. Adulterated milk, skimmed milk, and cream; seizure and destruction 
authorized. 
Any milk, skimmed milk or cream found to be adulterated, which has been 
brought into the city of New York or is held or offered for sale in said city may 
be seized and destroyed by any inspector or other officer of the department of 
health authorized to inspect the said milk or cream. (S. C., §54; amended June 
28, 1917). 
§154. Adulterated condensed milk; distribution prohibited; the te,rm “adulter- 
ated” defined. 
No person shall bring into the City of New York, or have, keep, sell or offer 
for sale in said City, any condensed milk which is adulterated. The term “adul- 
terated,” when used in this section, refers to condensed milk in which the amount 
of fat is less than twenty-five per centum of the milk solids contained therein, or 
to which any foreign substance whatever has been added, excepting sugars, as in 
sweetened condensed milk. (S. C., §55; amended June 13, 1939). 
§155. Milk, skimmed milk, cream, ice cream mix, condensed milk, condensed 
skimmed milk, modified milk, buttermilk, cultured buttermilk, 
chocolate milk, chocolate flavored drink, cocoa milk, and cocoa 
flavored drink; sale regulated; permit required; exception. 
(1) No milk, skimmed milk, cream, ice cream mix, condensed milk, con- 
densed skimmed milk, modified milk, buttermilk, cultured buttermilk, chocolate 
milk, chocolate flavored drink, cocoa milk or cocoa flavored drink, shall be held, 
kept, offered for sale, sold or delivered in the City of New York, without a permit 
issued therefor by the Board of Health or otherwise than in accordance with the 
terms of said permit and with the regulations of said Board. 
(2) The permit requirement in this section shall apply to the sale or delivery 
of the aforesaid products from vehicles directly to the consumer, but shall not 
apply to the sale of the aforesaid products in retail stores where such products 
are sold directly to the consumer, nor shall the provisions in this section apply to 
ice cream mix, condensed milk, or condensed skimmed milk when sterilized and 
packed hermetically sealed cans. 
Permits heretofore issued for the sale of any of the aforesaid products in 
retail stores where such products are sold directly to the consumer shall be 
deemed revoked. 
(3) Permits to sell the aforesaid products in the City of New York shall be 
divided into three classes as follows: 
Class A—For a dealer who operates a pasteurizing plant in New York City. 
Class B—For a dealer who operates a milk and milk products depot. 
Class C—For a dealer who operates not more than one vehicle, in the delivery 
or distribution of milk, and who does not maintain his own pas- 
teurizing plant or depot but utilizes the facilities of a pasteurizing 
plant or a branch distributing depot of such plant located in the 
City of New York and under permit from the Board of Health. 
(4) Every vehicle used in the transportation or delivery of the aforesaid 
products in the City of New York, other than tank trucks, shall have attached 
on the opposite sides thereof metal plates issued by the Department of Health, 
bearing a vehicle identification number. Such metal plates shall be issued an- 
nually for each calendar year upon payment of $1 for each set of plates. 
This amendment shall take effect September 1, 1939. 
(S. C., §56; amended December 21, 1915, June 28, 1917, January 22, 1920, 
March IU, 1939, July 26,-1939 and further amended July 27, 1939). 
§lssa. Vitamin D milk and milk products defined; production and sale there- 
of regulated; permit required. 
(1) No person shall bring into the City of New York, or have, keep, sell, or SANITARY CODE 
55 
offer for sale in said City, any milk or milk products, as Vitamin D milk or milk 
product, or as possessing anti-rachitic quality or potency, otherwise than in accord- 
acne with the regulations of the board of health and unless the Vitamin D content 
or potency has been measurably increased in the course of production by one of 
the following methods or processes: 
(a) Feeding of irradiated yeast to cows, 
(b) Direct irradiation of the milk or milk product with ultra-violet light or 
carbon arc lamp rays, or 
(c) The addition thereto of a concentrate of Vitamin D direct to the milk or 
milk product. 
(2) No milk or milk product shall be processed or treated for the purpose of 
increasing the Vitamin D content or potency thereof, in the City of New York, 
which milk or milk product is intended for sale or distribution in said City, and 
no milk or milk product which has been so processed or treated outside of the 
City of New York, and no milk or milk product produced from cows which have 
been fed with irradiated yeast, and no milk or milk product labeled or represented 
as “Vitamin D,” or as possessing anti-rachitic quality or potency, shall be brought 
into the City of New York, for sale or distribution therein, without a permit 
therefor issued by the board of health of the City of New York or otherwise than 
in accordance with the regulations of the said board. 
Permits pursuant to this section shall be divided into two classes, as follows: 
“Vitamin D Processing Permit”—This permit shall confer permission to pro- 
cess or treat milk or milk products in the City of New York for the purpose of 
increasing their Vitamin D content. 
“Vitamin D Transportation Permit”—This permit shall confer permission to 
bring into the City of New York for the purpose of sale thereof, milk or milk 
products, of which the Vitamin D content has been increased by any of the pro- 
cesses or methods referred to herein. 
This section shall apply to evaporated, condensed or concentrated milk packed 
in hermetically sealed cans when labeled or represented as “Vitamin D” or as 
possessing anti-rachitic quality or potency, except as regarding the source of 
supply of such milk product. 
Vitamin D milk and milk products defined.—Viatmin D milk and milk 
products as referred to herein and in the regulations adopted hereunder shall 
mean and include certified (raw) milk, Grade A pasteurized milk and Grade B 
pasteurized milk produced in accordance with the provisions of the Sanitary 
Code and the regulations of the board of health and the milk products known as 
evaporated, condensed and concentrated milk packed in hermetically sealed cans, 
of which the Vitamin D content or potency has been measurably increased by one 
of the following methods or processes: (A) feeding of irradiated yeast to cows, 
(B) direct irradiation of the milk or milk product with ultra-violet light or carbon 
arc lamp rays, or (C) the addition thereto of a concentrate of Vitamin D direct 
to the milk or milk product. Effective June Ist, 1935.. (Adopted March If, 
1935). 
§lssb. Homogenized milk; production, labeling and sale regulated. 
No homogenized milk shall be held, kept, offered for sale or sold in the City 
of New York, unless such milk was pasteurized and homogenized at the place of, 
and immediately before pasteurization by a method approved by the Department 
of Health. 
The tags, caps or labels on containers of homogenized milk shall bear the 
word “homogenized” in. clear and legible type of not less than one-sixteenth 
(1/16) of an inch in size in addition to all the other information required thereon 
for pasteurized milk under the provisions of the Sanitary Code and the regula- 
tions of the Board of Health. 
This section shall become effective immediately, except that the sale of homo- 
genized milk in bottles or single service containers shall not commence before 
August 1, 1939. 
(Adopted June 8, 1939). 
All milk or cream held, kept, offered for sale, sold or delivered in the City of 
New York shall be so held, kept, offered for sale, sold, and delivered in accord- 
ance with the regulations of the Board of Health and under the following grades 
or designations and not otherwise: 
“Certified” milk or cream. 
“Certified” milk or cream (pasteurized). 
§l5O. Milk and cream, grades and designations. 56 
SANITARY CODE 
“Grade A” milk or cream (pasteurized). 
“Grade B” milk or cream (pasteurized). 
The provisions of this section shall apply to milk or cream used for the pur- 
pose of producing or used in the preparation of sour milk, buttermilk, homo- 
genized milk, milk curds, sour cream, Smeteny, Kumyss, Matzoon, Zoolak, and 
other similar products or preparations, provided that any such product or pre- 
paration be held, kept, offered for sale, sold, or delivered in the City of New York. 
(S. C., §56-a; amended June 28, 1917, May 5, 1926, September 28, 1926, and 
November 23, 1935). 
§157. Milk, skimmed milk, and cream; must conform to grade standards. 
All milk, skimmed milk, or cream held, kept, offered for sale, sold or delivered 
in the City of New York shall conform in character to the standards and require- 
ments set forth in section 156 of this code as applicable to the particular grade 
under which such milk or cream shall be held, kept, offered for sale, sold or de- 
livered. (Amended June 28, 1917). 
§ls7a. Emergency distribution of milk. 
The board of health of the department of health of the City of New York 
being invested with exclusive jurisdiction of matters of health in the City of 
New York, finding that, under the prevailing economic conditions, the pur- 
chasing power of a very large number of persons in this city has been reduced 
to a point where the inability to purchase milk at prevailing prices has led 
to malnutrition of adults as well as of infants and school children, which mal- 
nutrition is a menace to the public health of the people of this city, declares 
an emergency to exist and deems it necessary and proper for the preservation 
of life and health in the City of New York to provide for the distribution of 
milk in said city to such persons, at a price within the means of those at present 
unable to purchase a sufficient supply of milk, and to that end, during such 
emergency, not exceeding the period of one year from April 11, 1939, authorizes 
and empowers the commissioner of health to purchase and sell Grade B pas- 
teurized milk at the welfare and/or baby health stations and/or elsewhere in 
this city, at cost but not exceeding eight cents per quart, or to contract for or 
permit the retail distribution of such milk at the welfare and/or baby health 
stations and/or elsewhere in this city, under his supervision and direction and 
in accordance with the regulations of the board of health, at cost or not exceed- 
ing eight cents per quart, provided that the milk herein referred to shall be sold 
in bottles or individual containers bearing, in addition to other Sanitary Code 
requirements, a statement attached to the said bottle or container to the effect 
that such milk is distributed through the department of health of the City of 
New York. The resale of any such milk, by a purchaser or any other person, 
is prohibited. 
In the sale of milk, pursuant to the provisions of this section, deposit for the 
bottle may be charged not exceeding the sum of three cents per bottle. Nothing 
herein contained shall in any wise affect the price paid to the producer for any 
of the milk herein referred to. (To take effect immediately). (Adopted June 9, 
193 U and amended May H, 1935, April 15, 1936, April 13, 1937, April 12, 1938 
and April 11, 1939). 
§l5B. Buttermilk, sour milk, sour cream, anti other milk products; quality 
of product regulated. 
Buttermilk, sour milk, sour cream, kumyss, matzoon, zoolak, and similar 
products shall not be made from any milk or cream of a less grade than that 
designated for grade B and shall be pasteurized before being put through a pro- 
cess of souring or fermentation. Sour cream shall not contain a less percentage 
of fat than that designated for cream. (S. C., §57). 
§159. Bottles, cans, and other receptacles for holding milk, skimmed milk, and 
cream; use regulated and restricted. 
It shall be the duty of all persons having in their possession bottles, cans, or 
other receptacles containing milk, skimmed milk, or cream, which are used in the 
transportation or delivery of milk, skimmed milk, or cream, to clean or cause 
them to be cleaned immediately upon emptying. 
No person shall use or cause or allow to be used any receptacle which is used 
in the transportation and delivery of milk, skimmed milk, or cream for any SANITARY CODE. 
57 
purpose whatsoever other than the holding of milk, skimmed milk, or cream; nor 
shall any person receive or have in his possession any such receptacle which has 
not been washed after holding milk, skimmed milk, or cream or which is unclean 
in any way. (S. C., §183; amended June 28, 1917). 
§l5J)a. Empty battles, cans and other receptacles for holding milk, skimmed 
milk, buttermilk, cream, or ice cream, not to be contaminated with 
garbage and offensive materials. 
No person shall place, or cause, or allow to be placed in or on any street, 
park, or any open space therewith connected, any empty bottle, can, or other 
receptacle used or intended to be used for the transportation and delivery of 
milk, skimmed milk, buttermilk, cream, or ice cream, which empty bottle, can, 
or other receptacle is to be returned or intended to be returned to the person 
so transporting or delivering such substance to be again thus used or which is 
liable to continued use in so transporting or delivering such substance, as 
aforesaid; nor shall any person place, or cause, or allow to be placed in any 
such empty bottle, can, or other receptacle, any refuse, dirt, garbage, or filth, 
or any poison, or any offensive, harmful, or deleterious substance or material 
whatsoever; nor shall any person place, or keep any such empty bottle, can, 
or other receptacle, or cause, or allow the same to be placed or kept in any place 
which is used for storing garbage, ashes, rubbish, refuse, or other offensive, 
harmful, deleterious, or dangerous substances or materials, or in any container 
used for receiving or transporting the same. 
It shall be the duty of the owner of any empty bottle, can, or other receptacle, 
used or intended to be used for the transportation and delivery of milk, skimmed 
milk, buttermilk, cream or ice cream, to collect and remove the same promptly 
and the owner of such container shall not allow the same to accumulate at any 
place other than their own premises. (Adopted July 25, 1921). 
§ls9b. Sale of loose milk prohibited, exceptions. 
(a) No milk shall be offered for sale, sold or shall be dispensed direct to the 
consumer in the City of New York, in any container other than in bottles or 
individual containers, filled and properly capped or sealed and labeled at the 
plant where pasteurized, except where such milk is dispensed direct to the con- 
sumer for consumption on the premises where dispensed from a pump or other 
similar mechanical dispensing device satisfactory to the Board of Health and 
in accordance with the regulations of said Board. Such device shall be washed, 
sterilized, filled and sealed at the pasteurizing plant after filling. The seal or 
seals of the device, other than that necessary to be broken for the dispensing of 
milk, shall remain intact during the entire period of dispensing, and no milk 
shall be dispensed from the device after the seal has been broken. The milk 
container of the dispensing device shall be properly rinsed immediately after 
emptying and before being returned to the milk depot or pasteurizing plant. 
(b) No person shall supply, deliver, offer for sale or sell in the City of New 
York, any milk in cans, except to restaurants, bakeries, or manufacturing estab- 
lishments for cooking or manufacturing purposes, or to another wholesale milk 
dealer. 
(c) The Board of Health, upon proper application made by a hospital or an 
institution that feeds and cares for large number of persons, may issue a 
certificate exempting such hospital or institution from the foregoing provisions 
so as to permit the receiving and using thereat of such milk in cans. It shall be 
the duty of every person before supplying or delivering milk in cans to such 
hospital or institution to ascertain whether it holds such exemption certificate. 
(d) A dispensing device shall not be deemed satisfactory unless it be simple 
in construction and so designed that (1) all the parts of the device with which 
milk comes in contact can be readily taken apart for cleaning and be easily 
cleaned and, in the assembled state, sterilized at the pasteurizing plant where 
filled; (2) that the device when filled may be so sealed that the contents cannot 
be tampered with without breaking or destroying the seal; and (3) that the milk, 
if not homogenized, will be kept thoroughly and automatically mixed so as to 
insure with each dispensing operation a proper proportion of the constituents of 
the milk contained in the dispensing device. 
(Adopted October 11, 1932 and amended July 10, 193 U, May 11, 1937 and 
June 8, 1939). 58 
SANITARY CODE 
§ls9c. Sale of loose sweet cream, sour cream, buttermilk, cultured butter- 
milk, fermented milks, chocolate or cocoa milk, or chocolate or 
cocoa flavored drink, prohibited. 
1. No sweet cream, sour cream, buttermilk, cultured buttermilk, fermented 
milks, chocolate or cocoa milk, or chocolate or cocoa flavored drink, shall be offered 
for sale, sold or dispensed, direct to the consumer in the City of New York, in any 
container other than in bottles or single service containers, except that this 
requirement shall not be deemed to apply to sweet or sour cream served at 
restaurants for consumption on the premises, or to buttermilk, cultured butter- 
milk, fermented milks, chocolate or cocoa milk, or chocolate or cocoa flavored 
drink, when dispensed at a restaurant from a mechanical dispensing device 
described in Section 159-b and satisfactory to the Board of Health. Such bottles 
or single service containers must be filled and properly capped or sealed at the 
plant where the product was pasteurized, except in the case of sour cream, butter- 
milk, cultured buttermilk or fermented milks the filling and capping may be done 
at a milk and milk products depot under permit from the Board of Health. 
2. No person shall supply, deliver, offer for sale or sell in the City of New 
York any of the products hereinbefore mentioned, in containers other than those 
referred to in Subdivision 1, except to another wholesale dealer in such products, 
to a hospital or institution that feeds and cares for a large number of persons, 
or, in the case of sweet and sour cream, to a bakery or manufacturing establish- 
ment for baking or manufacturing purposes or to a restaurant for cooking or 
consumption on the premises. 
This amendment shall take effect April 1, 1939. 
(Adopted November 9, 1938). 
§l6O. Carcasses of calves, pigs, kids or lambs; fish, birds and fowl; sale 
regulated. 
Carcasses of calves, pigs, kids, or lambs, or any part thereof, shall not be 
brought into the City of New York, or held, sold, or offered for sale anywhere 
within the said city, if (a) the meat has the appearance of being water soaked, 
is loose, flabby, tears easily and can be perforated with the fingers; or (b) its 
color is grayish red, or (c) good muscular development as a whole is lacking 
especially noticeable on the upper shank of the leg, where small amounts of serous 
infiltrates or small oedematous patches are sometimes present between the 
muscles; or (d) the tissue which later develops as the fat capsule of the kidneys 
is oedematous, dirty yellow or grayish red, and intermixed with islands of fat. No 
meagre, sickly, or unwholesome fish, birds, or fowl shall be brought into said city 
or held, sold, or offered for sale for human food therein. (S. C., §43; amended 
December 21, 1915, May 3, 1922, and March U), 1935). 
§l6l. Cattle; not to be killed while in an overheated, or feverish condition. 
No cattle shall be killed for human food while in an overheated, or feverish 
condition. (S. C., §44). 
§162. Meat and dead animals; sale regulated. 
No meat or dead animal above the size of a rabbit shall be taken to any public 
or private market, nor shall any such meat or dead animal be stored or held, kept, 
offered for sale, or sold in any such place until the same shall have been fully 
cooled after killing, nor until the entrails and feet (except of poultry and game 
and except the feet of swine) shall have been removed. (S. U., §45). 
§163. Unhealthy, unsound, unwholesome and unsafe meat, vegetables and 
milk, possession and sale prohibited; poultry in cans, sale re- 
stricted; terms “meat,” “vegetables” defined. 
No meat, vegetables or milk not being then healthy, fresh, sound, whole- 
some or safe for human food or the meat of any animal that died by disease or 
accident, shall be brought into the Citv of New York or held, kept, offered for 
sale or sold as such food or kept stored anywhere in the said City. 
No canned poultry or poultry products shall be packed, prepared, produced 
or put up for human food in the City of New York or held, kept, offered for 
sale or sold as such food therein unless the said poultry shall have been inspected 
and nassed as fit for consumption as human food by a duly authorized inspection 
of the United States Department of Agriculture, or of any foreign or other 
domestic inspection service approved by the Board of Health of the City of New 
York, and each can containing such food shall be marked, stamped or labeled SANITARY CODE 
59 
so as to show that the contents thereof have been so inspected and passed, to- 
gether with the name and address of the packer, or the identification plant num- 
ber and the name and address of the distributor plainly stated on the outside of 
the container. 
Any meat, vegetables or milk packed in cans, the contents of which have be- 
come fermented as evidenced by swelling or bulging, or where the cans are 
broken, damaged or rusted, or emit a foul or offensive odor, shall be deemed not 
healthy, fresh, sound, wholesome or safe for human food. 
The term “meat” as used herein shall include fish, birds, eggs and fowl. 
The term “vegetables” shall include any product, substance or article used as 
and for human food other than milk or meat. 
(S. C., §42; amended June 5, 1928, September 25, 1928 and January 10, 1939). 
§164. Shellfish defined; sale regulated; permits and registration. 
(1) No shellfish shall be brought into the City of New York, or held, kept, 
sold or offered for sale in said City, without the required permit therefor issued 
by the Board of Health or otherwise than in accordance with the terms of said 
permit and with the regulations of said Board. The permit herein referred to 
shall be divided into two classes, as follows: 
Class A Permit—to sell shellfish at wholesale and retail. 
Class B Permit—to sell shellfish at retail. 
The term or phrase “at wholesale” wherever used in this section or other 
sections or regulations pertaining to shellfish shall be taken to mean and include 
the handling, transporting, delivering, offering for sale, or selling shellfish to 
dealers, restaurants, hotels, stoi'es, stands or vehicles, for resale or further dis- 
tribution, or otherwise than a retail sale direct to the consumer. 
The term “shellfish” as used in this section or other sections or regulations 
pertaining to shellfish shall be taken to mean and include oysters, all kinds of 
clams, except surf clams (mactra solidissema), and mussels. 
The requirement herein of a shellfish permit shall not apply to a shipper of 
shellfish into the City of New York who is registered with the Department of 
Health. A shipper of shellfish located in the State of New York but outside the 
City of New York who holds a shipper’s shellfish certificate of approval from the 
New York State Conservation Department, or a shipper of shellfish located 
outside the State of New York who holds a shellfish certificate from the state 
agency having control over the shellfish industry of his state and such certificate 
of certification has been approved or endorsed by the United States Public 
Health Service, shall be registered with the Department of Health under this 
provision. 
(2) No dealer in shellfish or other foods shall purchase or have in his pos- 
session shellfish received from a dealer who is not the holder of a permit to sell 
shellfish at wholesale, or a shipper of shellfish registered in the manner herein- 
before referred to, for shipping shellfish into the City of New York. 
(3) This section and the regulations thereunder, as amended, shall take 
effect January 1, 1937, except that all permits for the sale of shellfish hereto- 
before issued for establishments located in the City of New York, shall remain 
valid until February 15, 1937, but applications for new permits under this 
section may be made on and after January 1, 1937. (S. C., §185; amended April 
29, 1920, March h, 1926 and Deceinber 8, 1936). 
§l64a. Taking shellfish from condemned areas, prohibited. 
No person shall dig, rake, tong, dredge or otherwise remove any oysters, 
clams or mussels from the waters located within the City of New York, nor shall 
any person deal in, have in his possession or have, keep, offer for sale or sell 
any such shellfish for any purpose whatsoever, provided that during the period 
from May 15th to July 31st, inclusive, oysters may be removed from the waters 
of Raritan Bay and Princess Bay pursuant to the regulations of the Board of 
Health, upon written permission of the Director of the Bureau of Food and Drugs 
of the Department of Health, for the purpose of transplanting the oysters so 
taken, to other approved grounds or water areas for growing or maturing. 
(Adopted July 30, 1925; amended December 20, 1932). 
§165. Artificial or natural mineral, spring, or other waters; manufacture 
regulated. 
It shall be the duty of every wholesale dealer, manufacturer, importer, or 
other person who manufactures or imports, or sells at wholesale in the city of 
New York, any artificial or natural mineral, spring, or other water, for drinking 60 
SANITARY CODE. 
purposes, to file, under oath, with the department of health, the name of such 
water and the exact location from which it is obtained, the chemical analysis and 
the bacteriological examination thereof, and, when manufactured, the name of 
every substance or element entering into its composition. 
No person shall manufacture or bottle, any mineral, carbonated, or table 
water, in the city of New York, without a permit issued therefor by the board of 
health or otherwise than in accordance with the terms of said permit and with 
the regulations of said board. No permit will be required, however, where the 
city water supply is conducted through closed pipes and connected with a car- 
bonated apparatus, from which it is dispensed direct to the consumer, without 
coming in contact with the air, and not handled in any way. (S. C., §59). 
§l6sa. Soft drinks; sale regulated; permit .required. 
No person shall have, keep, sell or offer for sale in any public place in the 
City of New York any soda water, lemonade, orangeade, orange drink, pineapple 
drink, or other soft drinks without a permit therefor issued by the Board of 
Health, or otherwise than in accordance with the terms of the said permit and 
the regulations of the said Board. (Adopted June 11, 1926). 
§l6sb. (Repealed July 11, 1933). 
§166. Public water supply; purity and wholesomeness protected, 
No person shall throw or allow to run or pass into any public reservoir, 
waterpipe, or aqueduct, or into or upon any border or margin thereof, any 
excavation or stream therewith connected, any animal, vegetable, or mineral 
substance whatever; nor shall any person (having the power or right to prevent 
the same) do or permit any act or thing that will impair or imperil the purity 
or wholesomeness of any water or other fluid used or intended to be used as a 
drink, in any part of said city; nor shall any person bathe or (except in the dis- 
charge of a public duty) put any part of his person into such water, nor shall 
any unauthorized person open any erection or unscrew any hydrant holding such 
water. (S. C., §6l). 
§167. Water; duties of persons in authority. 
It shall be the duty of every person, official, department, and board, having 
any authority and control in regard to any water intended for human consump- 
tion (and within the proper sphere of the duty of each thereof), to take all usual 
and also all reasonable measures and precautions to secure and preserve the 
purity and wholesomeness of such water. (S. C. §62). 
§l67a. Water for drinking and culinary purposes on vessel. 
An adequate supply of drinking water, shall be furnished for the use of all 
persons aboard vessels plying upon waters within the jurisdiction of the City of 
New York, making trips of one-half hour duration or more between landings, and 
it shall be properly stored and protected aboard sucb vessels in accordance with 
the regulations of the Board of Health. (Adopted May 3, 1922). 
§l67b. Water boats; permit required. 
No boat used to transport water to other vessels or places, for drinking or 
culinary purposes, shall be operated without a permit therefor issued by the 
Board of Health or otherwise than in accordance with the terms of the permit 
and the regulations of said Board. (Adopted May 3, 1922). 
§l6B. Water from wells; the use thereof regulated and restricted. 
Water from wells in the borough of Manhattan shall not be used, in the 
city of New York, for drink; nor shall water from wells in the borough of 
Manhattan be used for any other purpose in any tenement, lodging-house, hotel, 
manufactory, or building, in which persons are living or employed, or in which 
there are offices, or a restaurant or saloon, in the city of New York, without a 
permit therefor issued by the board of health or otherwise than in accordance 
with the terms of said permit and the regulations of the said board. Water from 
wells in the other boroughs of said city, other than the public water supply, shall 
not be used in any tenement or lodging-house, hotel, manufactory, or building, 
in which persons are living or employed, or in which there are offices, or a restaur- 
ant or saloon, without a permit therefor issued by the board of health or otherwise 
than in accordance with the terms of said permit and the regulations of the 
said board. (S. C., §63). SANITARY CODE 
61 
§169. Drinking hydrants; water therefrom not to be rendered unwholesome. 
No person shall destroy or in anywise injure or impair any drinking hydrant, 
or part thereof, in the city of New York; nor shall any person interfere with the 
use or enjoyment of the water therein or therefrom, or interrupt the flow thereof; 
nor shall any person put any dirty, poisonous, medicinal, or noxious substance 
into or near said water or hydrant, whereby such water is made or may be 
regarded as, dangerous or unwholesome as a drink. (S. C., §64). 
§l7O. Addition of chemicals to water supply in buildings regulated; permit 
required. 
(a) No person shall in the City of New York add, or engage in or by a 
sign or otherwise advertise or hold himself out as engaged in the business of 
adding, any chemical or other substance to the water supply within a building 
without a permit therefor from the Commissioner of Health. Such addition of 
chemicals shall be for anti-corrosion or anti-scaling purposes only, and shall be 
performed in conformity with the terms and conditions of said permit and the 
regulations of the Board of Health. No owner, lessee, occupant, tenant, or other 
person in charge of a building shall cause, permit, allow or suffer any chemical 
or other substance to be added to the water supply in such building which water 
supply is subsequently furnished to any guest, customer, occupant, tenant, or 
other person for domestic use or human consumption, unless such addition or 
treatment is performed by the holder of a permit from the Commissioner of 
Health and in accordance with the regulations of the Board of Health. The 
provisions of this section shall not apply to the treatment of water for industrial 
purposes, for swimming pools, for air conditioning systems, or for any use which 
does not include human consumption, but in all such cases proper precaution 
shall be taken to preclude the possibility that the treated water may come into 
contact with or contaminate the potable water supply distribution system of the 
building and provisions satisfactory to the Department of Water Supply, Gas 
and Electricity shall be made to preclude the possibility that the treated water 
may come into contact with or contaminate the public water supply. 
(b) Only the following chemicals or mixtures thereof may be added to the 
water supply in a building: 
Sodium silicates 
Sodium carbonate 
Sodium bicarbonate 
Sodium hydroxide 
Sodium phosphates 
Calcium carbonate 
Calcium bicarbonate 
Calcium hydroxide 
None of these chemicals shall be added in such manner as to increase the 
total alkalinity, total hardness or total silica content of the water by more than 
50 parts per million as determined by the methods of water analysis contained 
in the latest edition of “Standard Methods of Water Analysis” approved by 
the American Public Health Association and the American Water Works Asso- 
ciation. 
(c) Addition of chemicals to the water supply in a building for anti- 
corrosion or anti-scaling purposes shall only be made by means of an approved 
mechanical device or apparatus designed and constructed to regulate the chemical 
dosage to conform with the provisions of this section. Such mechanical devices 
or apparatus shall be examined and if found satisfactory shall be approved by 
the Commissioner of Health. The Commissioner may appoint an Advisory Com- 
mittee composed of representatives from the Health Department, Department of 
Water Supply, Gas and Electricity, the Association of Consulting Chemists and 
Chemical Engineers, the Newr York Section of the American Chemical Society, 
the New York Section of the American Institute of Chemical Engineers, and 
the American Water Works Association, to assist him in passing upon any such 
mechanical device or apparatus. 
(d) A water supply system in any building that includes a mechanical 
device or apparatus for chemical anti-corrosion or anti-scaling treatment shall 
be equipped with protective means to prevent backflow or siphonage of treated 
water into the public water supply system. Such protective means shall be ap- 
proved by the Department of Water Supply, Gas and Electricity. 
(e) This section shall become effective April 1, 1939. 
(Former §l7O repealed July 11, 1933; new %170 adopted December 12, 1938). 62 
SANITARY CODE. 
§l7l. Shellfish; sale of adulterated and misbranded prohibited. 
No person shall bring into the City of New York, or have, keep, sell, or offer 
for sale in said City, shellfish which are adulterated or misbranded. 
Shellfish shall be deemed adulterated: 
(1) If, after removal from the shell, they have been subjected to a process 
whereby their solid contents is decreased or their volume increased. 
(2) If they consist wholly or in part, of diseased, decomposed, putrid or 
rotten substance. 
(3) If they contain any antiseptic or preservative. 
(4) If any substance or substances has or have been mixed or packed with 
them so as to reduce or lower or injuriously affect their quality or strength. 
Shellfish shall be deemed misbranded: 
(a) If they are labeled or branded so as to deceive or mislead the purchaser. 
(b) If the container or its label shall bear any statement, design, or device 
regarding the shellfish or the ingredients contained therein, which statement, de- 
sign, or device shall be false or misleading in any particular. (Adopted January 
SO, 1917, amended April 29, 1919, April 29, 1920, March U, 1926 and December 8, 
1936). 
§172. Sale of carcasses of certain animals and dressed birds, poultry and 
fowl restricted. 
(1) Requirement.—No carcass or parts of a carcass of cows, bulls, steers, 
calves, lambs, goats or swine, and no dressed poultry, birds or fowl which have been 
eviscerated, shall be brought into the City of New York, or held, kept, sold, 
offered for sale or given away for human food in said City, until they shall, 
respectively, have been inspected and passed as fit for human food by a duly 
authorized inspector of the United States Department of Agriculture or a duly 
authorized inspector of the Health Department of this City and shall have been 
marked, stamped or branded as having been so inspected and passed, or, in 
the case of parts of a carcass, unless such parts shall have been cut from a 
carcass or part of a carcass which had previously been inspected and passed 
and so marked, stamped or branded as hereinbefore provided. 
(2) Inspection service by the Department of Health.—Such inspection 
service by the Department of Health shall be given only to the carcasses of 
cows, bulls, steers, calves, lambs, goats or swine to which are attached, by their 
natural connections, the lungs, the liver, the heart, the spleen, the pleura, and 
the peritoneum and all the body lymph glands and further such inspection shall 
be given only at the wholesale meat markets known as West Washington, Wash- 
ington and West Harlem Markets in the Borough of Manhattan; Westchester 
and Bronx Terminal Markets in the Borough of the Bronx; Wallabout, Fort 
Greene and North 6th Street Markets in the Borough of Brooklyn and the whole- 
sale market area at Jamaica and Flushing in the Borough of Queens as follows: 
(a) Marking of; certificate.—Such inspector of the Department of Health 
upon finding such carcass or part of a carcass, as the case may be, fit for human 
food, shall proceed to mark such carcass or part of a carcass bv branding or 
stamping thereon with the stamp or brand furnished by the Department of 
Health the words, “Department of Health” “Inspected and Passed” together 
with the number or letter of the said stamp or brand, and such inspector shall 
also, upon branding or stamping such carcass or part of a carcass, deliver to the 
owner thereof, or said owner’s representative a certificate, which shall be sub- 
stantially in the following form; 
Department of Health 
Document No 
Date 
Name of dealer 
Place of inspection 
Brief description of carcass or part of carcass 
Name of inspector 
Such certificate shall be consecutively numbered. 
(b) Certificate; number of; filing.—Every such certificate shall be made in 
triplicate form, and the inspector shall deliver the original to the owner of the 
cai’cass or part of a carcass to which such certificate relates or said owner’s 
representative and file a copy thereof, respectively, in the Department of Health 
and in the Office of the City Treasurer. SANITARY CODE 
63 
(c) Certificate, fee for.—For each carcass or part or parts of a carcass, 
thus marked and for which a certificate shall have been issued as hereinbefore 
provided, the owner thereof shall pay to the City the sum of five cents, and all 
moneys shall be collected monthly by the City Treasurer. 
(d) Failure of prompt payment.—The dealer’s failure to make payment 
within thirty days after the rendition of a bill by the City Treasurer for previous 
inspections shall constitute a violation of this section and the Department of 
Health may refuse further inspection until such bill is paid. 
This section shall take effect January Ist, 1938. 
(Adopted June 28, 1917, amended August 10, 1926, June 5, 1928; April 1, 
1980 and December H, 1937). 
§173. Skimmed milk (fluid); distribution regulated; written permission and 
permit for manufacturing purposes; pasteurization; exception. 
No skimmed milk shall be received by any milk pasteurizing plant approved 
by the Department of Health of the City of New York as a source of milk supply 
for said city, or any frozen dessert manufacturing plant under permit from said 
department, or brought into the City of New York, transported or held, kept, 
offered for sale or sold in said city, otherwise than in accordance with the 
following provisions and the regulations of the Board of Health: 
(a) Skimmed milk prepared at a milk pasteurizing plant approved as 
aforesaid by the Department of Health of the City of New York may be used 
at the same plant for the manufacture of sour cream, chocolate flavored drink, 
cocoa flavored drink, cultured buttermilk, fermented skimmed milk, cheese, casein 
or similar products. 
(b) Such approved milk pasteurizing plants and frozen dessert manufac- 
turing plants under permit from said Department may receive skimmed milk 
for such manufacturing purposes only after receiving written permission there- 
for from the Director of the Bureau of Food and Drugs. 
(c) Skimmed milk, to be used for manufacturing purposes only, may be 
received by and brought into the City of New York to a manufacturing estab- 
lishment, other than a milk pasteurizing plant or a frozen dessert manufacturing 
plant, under a permit issued therefor to such manufacturing establishment by 
the Board of Health. 
(d) No milk pasteurizing plant or milk receiving or shipping station shall 
ship skimmed milk to a person other than the operator of a milk pasteurizing 
plant or frozen dessert manufacturing plant having such written permission from 
the Director of the Bureau of Food and Drugs or a manufacturing establishment 
under a permit from the Board of Health as hereinbefore provided. 
(e) No skimmed milk shall be used for manufacturing of any food product 
unless properly pasteurized at the point of manufacture. 
(f) This section shall not apply to skimmed milk contained in hermetically 
sealed cans of not more than eight (8) fluid ounces capacity, nor to condensed 
or evaporated skimmed milk or dried skimmed milk. 
(Adopted June 28, 1917, amended May 6, 1926, July 1, 1930 and September 
13, 1938). 
§174. Reconstituted-milk and reconstituted-cream; sale regulated. 
(Repealed July 21+, 1923.) 
§175. Frozen desserts; definitions; manufacture and sale regulated 
No person shall bring into the City of New York, manufacture, or have, 
keep, offer for sale or sell in said City any frozen dessert or ice cream mix, 
except in accordance with the regulations of the Board of Health and under the 
following grades as herein defined and not otherwise; 
“Ice cream” 
“Ice cream mix” 
“Milk sherbet” 
“Ice or ice sherbet” 
The term or phrase “frozen desserts” wherever used in the Sanitary Code or 
the regulations thereunder shall be taken to mean and include “ice cream,” “milk 
sherbet,” “ice or ice sherbet” or “imitation ice cream.” 
The term or phrase “ice cream” wherever used in the Sanitary Code or the 
regulations thereunder shall be taken to mean and include the pure, clean and 
wholesome frozen product or mixture made from milk products, sweetened with 64 
SANITARY CODE 
sugar, and with or without the use of eggs, harmless flavoring or coloring, or 
added stabilizer composed of wholesome, edible material and which contains not 
less than ten per centum (10%) by weight of milk fat and not less than eighteen 
per centum (18%) by weight of milk solids, except that, when there have been 
added to such product or mixture, fruits, nuts, cocoa or chocolate, maple syrup, 
cakes or confections for flavoring purposes, the resultant product or mixture 
shall contain not less than eight per centum (8%) by weight of milk fat, and 
not less than fourteen per centum (14%) by weight of milk solids. 
The term or phrase “ice cream mix” wherever used in the Sanitary Code 
or the regulations thereunder shall be taken to mean and include the pure, 
clean, wholesome product of ice cream before it is frozen or placed into a 
freezer. 
The term or phrase “milk sherbet” wherever used in the Sanitary Code or the 
regulations thereunder shall be taken to mean and include the pure, clean and 
wholesome frozen product or mixture made from milk products, water and 
sugar, with or without harmless flavoring or coloring or added stabilizer com- 
posed of wholesome, edible material and contains not more than five per centum 
(5%) of milk solids. 
The term or phrase “ice or ice sherbet” wherever used in the Sanitary Code 
or the regulations thereunder shall be taken to mean and include the pure, clean 
and wholesome frozen product made from water and sugar with harmless 
flavoring or coloring, with or without added stabilizer composed of wholesome, 
edible material and contains no milk solids. 
The term or phrase “imitation ice cream” wherever used in the Sanitary 
Code or the regulations thereunder shall be taken to mean and include adulter- 
ated ice cream, or any frozen substance, mixture or compound, regardless of the 
name under which it is represented, which is made in imitation or semblance 
of ice cream or is prepared or frozen as ice cream is customarily prepared and 
frozen and which is not “ice cream” or “milk sherbet” as hereinbefore defined. 
The term or phrase “milk products” as used in this section or other sections 
or regulations pertaining to frozen desserts shall mean and include pure, clean 
and wholesome cream, milk fat, butter, milk, evaporated milk, skimmed milk, 
condensed milk, sweetened condensed milk, condensed skimmed milk, sweetened 
condensed skimmed milk, dried milk, dried skimmed milk. 
(Former §175 repealed July 2U, 1923; new §175 adopted Jidy 11, 1933 and 
amended August 1, 1933). 
§176. Frozen dessert and ice cream mix; adulteration or misbranding pro- 
hibited. 
No person shall brine into the City of New York, manufacture or have, 
keep, offer for sale or sell in said City, any frozen dessert or ice cream mix 
that is adulterated or misbranded. 
A frozen dessert or ice cream mix shall be deemed adulterated: 
(1) If any substance or substances has or have been mixed and packed with 
it so as to reduce or lower or injuriously affect its quality or strength. 
(2) If any inferior or cheaper substance has been substituted wholly or in 
part for any necessary, wholesome ingredient. 
* (3) If any valuable constituent of the article has been wholly or in part 
abstracted. 
(4) If it consist wholly or in part of diseased or decomposed or putrid or 
rotten animal or vegetable substance. 
(5) If it contain any harmful or deleterious ingredient, or any ingredient 
which may render it injurious to health, or if it contain any antiseptic or 
preservative. 
(6) If it contain any color or coloring substance other than United States 
Department of Agriculture certified color, or harmless vegetable color, or if it 
contain any harmful or deleterious flavoring substance. 
(7) In the case of ice cream or ice cream mix, unflavored or flavored by 
means of flavoring extracts only, if it contain less than ten per centum (10%) 
by weight of milk fat or less than eighteen per centum (18%) by weight of milk 
solids. 
(8) In the case of ice cream, or ice cream mix to which has been added, 
fruits, nuts, chocolate or cocoa, maple syrup, cakes or confection, for flavoring 
purposes, if it contain less than eight per centum (8%) by weight of milk fat, 
or less than fourteen per centum (14%) by weight of milk solids. 
(9) In the case of ice cream or ice cream mix, if it contain more than one- SANITARY CODE 
65 
half per centum (%%) by weight of pure, wholesome gelatin, vegetable gum 
or other harmless stabilizer. 
(10) In the case of ice cream labeled, offered for sale or represented as 
“French Ice Cream” or “Custard” or “Frozen Custard” or any other frozen 
dessert wherein representation is made that egg or egg product is used, if it 
contain any artificial yellow color, or color simulating egg yolk, or if it contain 
a less proportion of clean, wholesome egg yolk solids than the equivalent of five 
dozen egg yolks to each ninety pounds of other ingredients used. 
(11) If it contain any animal, vegetable or mineral oil, grease, fat or wax of 
any kind other than milk fat, except those naturally contained in the nuts, 
fruits or eggs used in the manufacture of frozen desserts or ice cream mix, or the 
fat contained in flavoring extracts prepared in accordance with the standards 
prescribed by the United States Department of Agriculture for food purposes. 
A frozen dessert or ice cream mix shall be deemed misbranded: 
(a) If it is an imitation, or offered for sale under the distinctive name 
of another article, or is labeled or branded so as to deceive or mislead the pur- 
chaser. 
(b) If in package form and the contents are stated in terms of weight or 
measure, such weight or measure is not plainly or correctly stated on the outside 
of the package. 
(c) If the package or its label shall bear any statement, design, or device 
regarding the ingredients or the substances contained therein, which statement, 
design, or device shall be false or misleading in any particular. 
(d) In the case of milk sherbet if the container, and each package, box 
and wrapper does not bear the words “milk sherbet” clearly and conspicuously 
printed thereon. 
The provisions of this section shall apply to “ice cream mix,” “milk sherbet” 
and all other frozen desserts containing milk fat or milk solids held, kept or 
offered for sale or sold under any distinctive name. 
A frozen dessert held, kept or offered for sale or sold as “milk sherbet” 
which contains more than five per centum (5%) by weight of milk solids and less 
than ten per centum (10%) by weight of milk fat and less than eighteen per 
centum (18%) by weight of milk solids if unflavored, or flavored with flavoring 
extract only, or which contains more than five per centum (5%) by weight of 
milk solids and less than eight per centum (8%) by weight of milk fat, and less 
than fourteen per centum (14%) by weight of milk solids, if flavored with 
fruits, nuts, chocolate or cocoa, maple syrup, cakes or confections, shall be 
deemed for all purposes to be held, kept, offered for sale or sold as imitation or 
adulterated ice cream. 
{Former §176 repealed July 2U, 1923; new §176 adopted July 11, 1933 and 
amended August 1, 1933). 
§177. Frozen dessert; permits regulated 
No person shall bring into or manufacture in the City of New York any 
frozen dessert, nor shall any person have, keep, offer for sale, sell or transport 
any frozen dessert at wholesale in said City, without the appropriate permit 
therefor, as hereinafter mentioned, issued by the Board of Health or otherwise 
than in accordance with the terms of said permit and with the regulations of 
said Board. 
The aforesaid permits shall be divided into 5 classes, more fully described or 
defined in the regulations adopted hereunder, as follows: 
Class “A” Permit—to manufacture frozen desserts at wholesale. 
Class “B” Permit—to manufacture frozen desserts at retail. 
Class “C” Permit—to dealer or jobber to sell frozen desserts at wholesale 
(non-manufacturer), 
Class “D” Permit—-to bring frozen desserts into the City of New York. 
Class “E” Permit—for an additional frozen desserts manufacturing plant 
and/or frozen desserts depot for a holder of a Class A, C or D permit. 
All permits herein mentioned shall expire on the last day of September of 
each year. 
The term or phrase “at wholesale” wherever used in this Section or other 
Sections or regulations pertaining to frozen desserts shall be taken to mean and 
include the handling, transporting, delivering, offering for sale or selling frozen 
desserts to dealers, restaurants, hotels, stores, stands or vehicles, for resale or 
further distribution, or otherwise than a retail sale direct to consumer. 
The term or phrase “Frozen Desserts Manufacturing Plant” shall be taken to 66 
SANITARY CODE 
mean and include any space, room or rooms, which are used in the preparation 
and manufacture of frozen desserts, and all operations incidental thereto. 
The term or phrase “Frozen Desserts Depots” wherever used in the Sanitary 
Code or the regulations thereunder shall be taken to mean and include any space, 
room, or rooms which are used for the storage, handling, or packing of frozen 
desserts and all operations incidental thereto, other than the manufacture and 
preparation thereof. 
(To take effect October 1, 1933). 
(Former §177 repealed and new §177 adopted July 11, 1933). 
§l7B. Food gelatin; sale of adulterated or misbranded prohibited; the term 
“food gelatin,” “adulterated” and “misbranded” defined. 
No person shall bring into, or have, keep, offer for sale, or sell, in the City of 
New York, any food gelatin which is adulterated or misbranded. The term food 
gelatin as herein used shall be taken to mean and include a purified product of 
gelatin prepared from the bones, hides, hoofs, horns and tissues of animals. 
Food gelatin as herein defined shall be deemed adulterated; 
(1) If any substance or substances has or have been mixed and packed with 
it so as to reduce or lower or injuriously affect its quality or strength. 
(2) If any inferior or cheaper substance has been substituted wholly or in 
part for the article. 
(3) If it consists wholly or in part of diseased or decomposed or putrid or 
rotten animal or vegetable substance, or if it is a product of a diseased animal. 
(4) If it is colored or coated or powdered whereby damage is concealed or 
it is made to appear better than it really is. 
(5) If it contains any antiseptic or preservative not evident and not known 
to the purchaser or consumer. 
(6) If it contains more than thirty (30) parts per million of copper, or 
one and four-tenth (1.4) parts per million of arsenic, or one hundred (100) 
parts per million of zinc, or twenty (20) parts per million of lead, or three 
hundred (300) parts per million of tin, or two one-hundredths of one per cent 
(.02%) of sulphur dioxide, or any other added poisonous ingredient or any 
ingredient which may render it injurious to health. 
Food gelatin as herein defined shall be deemed misbranded; 
(a) If it is an imitation or offered for sale under the distinctive name of 
another article. 
(b) If it is labeled or branded so as to deceive or mislead the purchaser, 
or purport to be a foreign product when not so; or if the contents of the package 
as originally put up shall have been removed in whole or in part and other 
contents shall have been placed in such package. 
(c) If in package form and the contents are stated in terms of weight or 
measure, such weight or measure is not plainly and correctly stated on the 
outside of the package. 
(d) If the package or label shall bear any statement, design, or device, 
regarding the ingredients or the substances contained therein, which statement, 
design, or device shall be false or misleading in any particular. (Adopted April 
29, 1920.) 
§179. Prohibiting the manufacture, sale and distribution of imitation milk 
and cream. 
No person shall sell, or exchange, or offer or expose for sale or exchange, 
any substance in imitation or semblance of milk or cream which is not milk 
or cream, nor sell, or exchange, or offer or expose for sale or exchange, any such 
substance as and for milk or cream, or sell, or exchange, or offer or expose for 
sale, or exchange, any article or food made from such milk or cream, or manufac- 
ture from any such milk or cream any article of food. (Adopted March 2U, 1921). 
§lBO. The use of unclean and unsanitary food receptacles prohibited; to be 
cleaned after being used. 
No person shall use, or cause, or allow to be used in the transportation, 
storage, or delivery of food, intended for human consumption, any bottle, can, 
jar, box, barrel, or other receptacle which is unfit to be so used by reason of being 
unclean or unsanitary or in a condition that would tend to cause such food to 
become poisoned, infected, unwholesome, or unfit for human consumption. 
It shall be the duty of all persons having in their possession bottles, cans, 
jars, boxes, barrels, or other receptacles containing food, intended for human SANITARY CODE 
67 
consumption, which are used or intended to be again used in the transportation, 
storage, or delivery of such food, to clean or cause them to be cleaned immediately 
upon emptying. (Adopted May 26, 1921). 
ARTICLE 10 
General, Provisions 
Section 181. Misfeasance and nonfeasance. 
182. Contractors must comply with provisions of the sanitary code. 
183. Nuisances; conditions dangerous or prejudicial to life or health; 
duties of persons responsible. 
184. Regulations and orders; to be observed and obeyed. 
185. Abatement of nuisances. 
186. Interfering with or obstructing an inspector, 
187. False, untruthful, or misleading statements. 
188. Certificate of chemist; presumptive evidence of facts. 
189. Notices not to be mutilated or torn down. 
191. Permits, general provisions, fees. 
§lBl. Misfeasance and nonfeasance. 
No person shall, knowingly, or carelessly or negligently, do or contribute to 
the doing of, any act dangerous to the life or detrimental to the health, of any 
human being, provided, however, that the foregoing provisions of this section 
shall not apply to a necessary act authorized by law; nor shall any person omit 
to do any reasonable and proper act, or take any reasonable or proper precaution, 
to protect human life and health. (S. C., §8). 
§lB2. Contractors must comply with provisions of the sanitary code. 
Every contractor, to whom reference is made in the sanitary code, and every 
person who shall have contracted or undertaken, or shall be bound, to do, or shall 
be engaged in doing, any of the things to which any of the provisions of the 
sanitary code relate, shall comply with all provisions of the said code applying 
to the work undertaken or to be undertaken, and he shall not be excused for 
non-compliance with any of the said provisions because of any direction given 
by any other person. (S. C., §9). 
§lB3. Nuisances; conditions dangerous or prejudicial to life or health; duties 
of persons responsible. 
It is hereby declared to be the duty of every owner, part owner, lessee, tenant, 
and occupant, of, or person interested in, any place, water, ground, room, stall, 
apartment, building, erection, vessel, vehicle, matter, and thing, in the city of 
New York, and of every person conducting or interested in business therein or 
thereat, and of every person who has undertaken to clean any place, ground, 
or street, in the said city, and of every person, public officer, and department, 
having charge of any ground, place, building, or erection, in the said city, to 
keep, place, and preserve the same and the sewerage, drainage, and ventilation 
thereof in such condition, and to conduct the same in such manner, that it shall 
not be a nuisance or be dangerous or prejudicial to life or health. The term 
“building” as used in this section, includes a railway car, booth, tent, shop or 
other erection or enclosure. (S. C., §10). 
§lB4. Regulations and orders; to be observed and obeyed. 
No person shall violate, or refuse or neglect to comply with, any regulation 
or order of the board of health, made for carrying into effect the provisions of 
this code, the powers of the said board, or the laws of this state; and the violation 
of, or the refusal or neglect to comply with, any such regulation or order which 
relates to the provisions of any section of this code shall be deemed a viola- 
tion of such section. (S. C., §11). 
§lB5. Abatement of nuisances. 
Whenever in any place or on any premises in the city of New York a nuis- 
ance shall have been found, or declared by resolution of the board of health to 
exist, and an order shall have been made directing the owner, lessee, tenant, or 68 
SANITARY CODE 
occupant of such place or premises to make suitable and necessary repairs or 
improvements, or to abate the said nuisance, such repairs or improvements shall 
be made, and such nuisance shall be fully abated, within the time specified in said 
order. (S. C., §l4). 
§lB6. Interfering with or obstructing an inspector. 
No person shall interfere with or obstruct any inspector or other duly author- 
ized representative of the department of health when making the inspections or 
examinations required by the board of health, or when executing its orders. 
(S. C., §l2). 
§lB7. False, untruthful, or misleading statements. 
No person shall knowingly make to, or file with, the Department of Health, 
or any officer thereof, any false return, statement or report relative to any 
matter concerning which a report or return may be legally required of, or 
should be made by, such person; and no person shall make any false, untruthful 
or misleading statement in any application to, or filed with, the Department of 
Health or any officer thereof, for a permit or for any purpose for which an 
application may be required. (S. C., §l5; amended September 13, 1937). 
§lBB. Certificate of chemist; presumptive evidence of facts. 
Every certificate duly signed and acknowledged, of a chemist, analyst, or other 
expert, employed by the Board of Health of the Department of Health of the City 
of New York, relating to any analysis, examination, or investigation, made by 
such chemist, analyst, or expert in respect to any matter, product, or thing, 
which the said Board has authority to examine or investigate, or may cause to 
be examined or investigated, shall be presumptive evidence of the facts therein 
set forth. (S. C., §69a; amended May 6, 1920). 
§lB9. Notices not to be mutilated or torn down. 
No person shall interfere with or obstruct, mutilate, or tear down, any notice 
of the department of health posted in or on any premises in the city of New 
York. (S. C., §137). 
§l9O. Clinical thermometers; sale regulated. (Repealed March 9, 1937) 
§l9l. Permits, general provisions, fees. 
(a) A permit issued by the Board or Commissioner of Health pursuant to 
any provision of the Sanitary Code is issued to a particular individual, firm or 
corporation and for a designated place of business mentioned in the permit and 
shall not be valid for use by any other person or at any place other than that for 
which issued, and any transfer as to person or place shall forthwith revoke 
and terminate such permit. Provided, however, that upon the approval in 
writing by the Commissioner of Health, a permit to conduct the business of 
undertaking, or the business of adding chemicals to the water supply, or the 
business of fumigation or extermination, or a permit for an owner or employee- 
fumigant or exterminator operator, may be continued in full force and effect for 
the period issued at the new designated premises where the place of business or 
residence designated in the permit has been changed. Upon the approval in 
writing of the Commissioner of Health, a permit issued to two or more persons 
may be continued in full force and effect for the period issued where a change 
of ownership has occurred in which no new person has been added or substituted. 
(b) Applications for permits shall be made to the Department of Health 
upon official forms furnished for such purpose and shall be signed by the applicant 
and all necessary information required by the Department of Health shall be 
fully stated in said application. No person shall make any false, untruthful or 
misleading statement in any application for a permit from the Board or Com- 
missioner or Health or in any papers submitted in support of said application. 
Every applicant for a permit shall be at least 21 years old. 
(c) Every permit must at all times be kept on the premises designated 
and displayed in a conspicuous place therein, and shall be framed or otherwise 
protected against dust or dirt, and shall at all times be subject to the inspection 
of any officer, inspector or representative of the Health Department. 
(d) All permits issued by the Board or Commissioner of Health for which 
an annual fee is required to be paid pursuant to the provisions of this Section, SANITARY CODE 
69 
shall expire annually on a date determined by the Board of Health. All permits 
issued by the Board or Commissioner of Health without fee shall be, unless 
otherwise determined by the Board of Health, for an indefinite period until 
revoked. 
(e) A permit may be suspended or revoked at any time by the Board of 
Health for wilful, continued or persistent violation of the Sanitary Code or the 
rules and regulations adopted by the Board of Health or upon such other grounds 
as the Board of Health may deem proper. Whenever a section provides that 
the permit be issued by the Commissioner of Health, he shall possess the same 
powers to suspend or revoke such permit, but his action as to the issuance, 
suspension or revocation thereof shall be subject to review by the Board of 
Health upon appeal by the party aggrieved in accordance with the Rules of said 
Board.* 
(f) Applicants for the following permits required by the provisions of the 
Sanitary Code shall pay the annual fee herein stated: 
Adding chemicals to water supply $25. 
Barber shop 10. 
Beauty parlor 10. 
Blood donor agency 25. 
Midwife 2. 
Milk and milk products; to sell, all classes 5. 
Restaurant 10. 
Poultry slaughter house 50. 
Undertaking establishment 25. 
Fumigant permit 25. 
Exterminator permit 15. 
Employee—fumigant operator permit 3. 
Employee—exterminator operator permit 2. 
Class “A” Permit—to manufacture frozen desserts at 
wholesale 100. 
Class “B” Permit—to manufacture frozen desserts at re- 
tail 10. 
Class “C” Permit—to dealer or jobber to sell frozen des- 
serts at wholesale (non-manufacturer) 25. 
Class “D” Permit—to bring frozen desserts into the City 
of New York 100. 
Class “E” Permit—for an additional frozen desserts 
manufacturing plant and/or frozen 
desserts depot for a holder of a Class 
A, C, or D permit 25. 
(g) Where a permit for which an annual fee is prescribed herein, is issued 
at any time within the six months’ period prior to the date of expiration thereof, 
the applicant shall pay only one-half of the annual fee for such permit. This 
provision, however, shall not apply to permits for the manufacture or sale of 
frozen desserts or to the renewal of a permit which has heretofore expired, or 
to any permit for which the fee is less than $lO. 
(h) Where any section of the Sanitary Code or the regulations thereunder 
applying to the particular business or permit mentioned therein contain any 
provisions inconsistent with this Section, then in such case, the general pro- 
visions of this Section shall apply except as to such inconsistent provisions. 
(i) Where an establishment engaged in the manufacture and/or sale of 
articles of food on the same premises requires, under the provisions of the Sani- 
tary Code, more than one permit for which separate fees are provided for in 
this Section, the applicant shall apply for all said permits but shall pay only 
one fee, which fee shall be the largest one prescribed for any of said permits. 
The expiration date of all said permits in such case shall be the same as the 
expiration date of the permit for which the fee was actually paid. 
(j) A permit for a restaurant includes the sale or the preparation and 
sale of all foodstuffs consumed on the premises. 
(Adopted January 11, 1927, amended February 8, 1927, November 25, 1930, 
Deceinber 17, 1931, April 6, 1933, July 11, 1933, October 3, 1933, August lb, 1934, 
April 9, 1935, March 9, 1937, Aiigust 19, 1938, March lb, 1939 and July 26, 
1939). 
* A copy of these rules may be obtained from the Secretary of the Board of Health. 70 
SANITARY CODE 
ARTICLE 11 
Midwifery and Care of Children 
Section 196. Practice of midwifery regulated. 
197. Board and care of children regulated. 
198. Agency giving day care to children defined; conduct thereof regu- 
lated; permit required. 
199. Vaccination; duties of parents, guardians, and others. 
200. Physical care of school children. 
201. Precautions to be observed by physicians, nurses, midwives or other 
attendants for the prevention of ophthalmia neonatorium in the 
eyes of new-born children. 
§196. Practice of midwife,ry regulated. 
No person other than a duly licensed physician shall practice midwifery in 
the City of New York or by a sign or otherwise advertise or hold herself out as 
a midwife in said city, without a permit therefor issued by the Board of Health 
or otherwise than in accordance with the terms of said permit and with the regu- 
lations of said Board. 
On and after June 1, 1937 all permits theretofore issued to midwives shall 
be deemed revoked. Applications for renewal of permits to practice midwifery 
shall be made in person each year during the month of May but the permit 
shall be issued as of June 1. (S. C., §184; amended March 9, 1937). 
§197. Board and care of children regulated. 
No person other than a public officer with legal authority so to do, or an 
institution duly incorporated for the purpose, shall receive, board, or keep, any 
child under the age of sixteen years without a permit therefor issued by the Board 
of Health or otherwise than in accordance with the terms of said permit and with 
the regulations of said Board. 
Provided, however, that the requirements of this section shall not extend to 
relatives within the second degree of the parents of such child or children, to 
legally appointed guardians, to schools and academies meeting the requirements 
of the Education Law as to compulsory education. (S. C., §191; amended June 
7, 1932). 
§l9B. Agency giving day care to children defined; conduct thereof regulated; 
permit required. 
No agency giving day care to children shall he conducted in the City of New 
York without a permit therefor issued by the Board of Health, or otherwise than 
in accordance with the terms of said permit and with the regulations of said 
Board. 
The term, “Agency giving day care to children,” defined. An agency giving 
day care to children shall mean and include any institution or place, which for 
compensation or otherwise, receives for temporary guardianship, with or without 
instruction, during part or all of the day, apart from their parents, three (3) 
or more children under six (6) years of age, not of common parentage, or which 
receives for temporary guardianship three (3) or more children under six (6) 
years of age, as aforesaid, and in addition thereto, any children from six (6) to 
sixteen (16) years of age, not of common parentage, outside of the hours of 
attendance in schools under the Education Law as to compulsory education, and 
shall include all such institutions or places whether known as day nurseries, 
nursery schools, kindergartens, child play or progressive schools, child education 
experiment stations, child development institutions, or under any other name. 
Such agencies shall be classified as giving full time care or part time care. 
Any such agencies which receive children for continuous care for a period 
extending from before noon and after 1:00 P. M. shall be deemed agencies giving 
full time care. Any such agencies which receive children for care for periods 
beginning and ending before 1:00 P. M., or beginning at noon or thereafter and 
ending later than 1:00 P. M. shall be deemed agencies giving part time care. 
This section shall not apply to kindergartens attached to private schools 
maintained and operated, pursuant to Section 222 of the Sanitary Code and the 
regulations thereunder, if said school complies with the requirements of the 
Education Law as to compulsory education. 
This Section to take effect September 1, 1935. (S. C., §25; amended January 
18, 1928, and December 26, 1933). SANITARY CODE 
71 
§199. Vaccination; duties of parents, guardians, and others. 
Every person, being the parent or guardian, or having the care, custody, or 
control, of any minor, or other individual, shall (to the extent of any means, 
power, and authority of said parent, guardian, or other person that could 
properly be used or exerted for such purpose) cause such minor or individual 
to be so promptly, frequently, and effectively vaccinated that such minor or 
individual shall not take, or be liable to take the small-pox. (S. C., §147). 
§2OO. Physical care of school children. 
A health certificate, prepared in accordance with the regulations of the 
Department of Health and signed by a duly licensed physician authorized to 
practice medicine in the State of New York, shall be furnished by each pupil 
at the time of his or her admission to a public or other free school supported in 
whole or in part by funds obtained from direct taxation. 
If any such pupil shall not present a health certificate, as required herein, 
the principal or teacher in charge of the school shall cause a notice to be promptly 
sent to the parent, guardian, or other person having the care, custody, or control 
of such pupil to the effect that, if the required health certificate be not presented 
within 10 days thereafter, a medical examination of such pupil will be made by 
a medical inspector of the Department of Health. 
Every principal or teacher, in charge of a public or other free school 
supported in whole or in part by funds obtained from direct taxation, shall report 
to the medical inspector of the Department of Health having jurisdiction over 
the health of the pupils in such school the names of all pupils who shall not have 
furnished such health certificate within 10 days following the date of the sending 
of such notice. (Amended May 11, 1937). 
§2Ol. Precautions to be observed by physicians, nurses, midwives or other 
attendants for the prevention of ophthalmia neonatorium in the 
eyes of all new-born children. 
It shall be the duty of every physician, nurse, midwife or other person in 
attendance on a confinement case, to instill in the eyes of the new-born child, 
immediately after delivery and before the expulsion of the after-birth, a one 
(1%) per cent solution of nitrate of silver or an equally effective agent in order 
to prevent the development of ophthalmia neontorium in the eyes of all new-born 
children, (Adopted August 10, 1922). 
ARTICLE 12 
Miscellaneous Provisions 
Section 211. Discharge of dense smoke prohibited. 
212. Nuisance caused by the discharge or escape of cinders, dust, gas, 
steam, or offensive or noisome odors prohibited. 
213. Spitting forbidden. 
214. Use of common towels prohibited. 
215. Noise from animals and birds prohibited. 
215 a. Loud or excessive noise from radios, etc., prohibited. 
216. Smoking in subway prohibited. 
217. Establishment and maintenance of tents and camps regulated. 
217 a. Agencies sending children to camps outside the limits of the City 
of New York to register; agency defined. 
217 b. Trailer camp defined and regulated; permit required. 
218. Physicians required to register in the department of health. 
219. Nurses. 
220 a. Hospitals; all drugs, etc., to be labeled. 
221. Growth of poison ivy and rag weed prohibited. 
222. Schools; permits required. 
223. Finely spun glass products, sale regulated. 
224. Punishment for violation of the Sanitary Code. 
225. Heating of occupied buildings. 
226. Persons to protect nose and mouth when coughing or sneezing. 
227. Dogs to be controlled so as not to commit nuisances. 
228. Noise from bells, gongs, etc., prohibited. 72 
SANITARY CODE 
229. Automobiles and other motor vehicles; loud and explosive noises 
prohibited. 
230. Manufacture and sale of brushes, cloth or other articles containing 
horse hair, goat hair, cow hair or sheep wool. 
§2ll. Discharge of dense smoke prohibited. 
No person shall cause, suffer or allow dense smoke to be discharged from any- 
building, vessel, stationary or locomotive engine or motor vehicle, place or premises 
within the city of New York or upon the waters adjacent thereto, within the 
jurisdiction of said city. All persons participating in any violation of this pro- 
vision, either as proprietors, owners, tenants, managers, superintendents, cap- 
tains, engineers, firemen or motor vehicle operators or otherwise, shall be severally 
liable therefor. (S. C., §181). 
§212, Nuisance caused by the discharge or escape of cinders, dust, gas, steam, 
o,r offensive or noisome odors prohibited. 
The owners, lessees, tenants, occupants and managers of every building, 
vessel or place in or upon which a locomotive or stationary engine, furnace or 
boilers are used, shall cause all ashes, cinders, rubbish, dirt and refuse to be 
removed to some proper place so that the same shall not accumulate, nor shall any 
person cause, suffer or allow cinders, dust, gas, steam, or offensive or noisome 
odors to escape or be discharged from any such building, vessel or place, to the 
detriment or annoyance of any person or persons not being therein or thereupon 
engaged. (S. C., §96). 
§213. Spitting forbidden. 
Spitting upon the sidewalk of any public street, avenue, park, public square, 
or place in the city of New York, or upon the floor of any hall in any tenement 
house which is used in common by the tenants thereof, or upon the floor of any 
hall or office in any hotel or lodging house which is used in common by the 
guests thereof, or upon the floor of any theatre, store, factory, or of any building 
which is used in common by the public, or upon the floor of any ferryboat, rail- 
road car, or other public conveyance, or upon the floor of any ferryhouse, depot, 
or station, or upon the station platform or stairs of any elevated or subway 
railroad or other common carrier, or upon the tracks or roadbed, or into the 
street from the cars, stairs, or platforms of such elevated or subway railroads, is 
forbidden. The corporation or persons owning or having the management or 
control of any such building, store, factory, ferryboat, railroad car, or other 
public conveyance, ferryhouse, depot or station, or station platform or stairs of 
any such building, store, factory, ferryboat, railroad car, or other public con- 
veyance, ferryhouse, depot or station, or station platform or stairs of any elevated 
or subway railroad or other common carrier,. shall keep permanently and con- 
spicuously posted in each of said places a sufficient number of notices forbidding 
spitting upon the floors and calling attention to the provisions of this section. 
It shall be the duty of every owner, lessee, or manager of every factory, 
workroom, store, office, or place of business, in which ten or more persons are 
employed, to provide proper receptacles for expectoration. Such receptacles are 
to be provided in the proportion of one for every two persons so employed, 
and they are to be cleansed and disinfected at least once in every twenty-four 
hours. 
A copy of the preceding paragraph shall be kept posted in a conspicuous place 
in every such factory, workroom, store, office, or place of business. (S. C., §178; 
amended October 15, 1918). 
§214. Use of common towels prohibited. 
No person, firm, or corporation having the management and control of any 
factory, department store or other business establishment, school, hotel, theatre, 
concert hall, restaurant, cafe, or beer, wine, or liquor saloon, railroad station, 
railroad car, ferryhouse, ferryboat, public lavatory, public wash room, public 
comfort station, or any other public place, shall maintain therein or thereat any 
towel or towels for use in common. 
The term “for use in common” as employed herein shall be construed to 
mean, for the use of or intended to be used by, more than one person. 
The term “corporation” as used herein shall be construed to mean and in- 
clude a municipal corporation. (S. C., §190; amended June 30, 1915). SANITARY CODE 
73 
§215. Noise from animals and birds prohibited. 
No person owning, occupying, or having charge of any building or premises, 
shall keep or allow thereon or therein any animal or bird, which shall by noise 
disturb the quiet or repose of any person therein or in the vicinity, to the 
detriment of the life or health of such person. (S. C., §180). 
§2lsa. Loud or excessive noise from radios, etc., prohibited. 
No person owning, occupying or having charge of any building or premises 
or any part thereof in the City of New York, shall cause, suffer or allow any 
loud, excessive or unusual noise in the operation or use of any Radio, Phonograph 
or other mechanical or electrical sound making or reproducing device, instru- 
ment or machine, which loud, excessive or unusual noise shall disturb the com- 
fort, quiet or repose of persons therein or in the vicinity. {Adopted April 8, 
1930). 
§216. Smoking in subway prohibited. 
Smoking or carrying any lighted cigar, cigarette, or pipe, in or on any stair- 
way, platform, station, or car, of any railway running underneath the ground 
surface, is hereby prohibited. (S. C., §187). 
§217. Establishment and maintenance of tents and camps regulated. 
No tent shall be raised or erected or any camp established, in the city of 
New York, to be used or occupied by any persons as a place for living or sleeping, 
nor shall any such tent or camp be so used or occupied without a permit therefor 
issued by the board of health or otherwise than in accordance with the terms of 
said permit and with the regulations of said board. (S. C., §186). 
§2l7a. Agencies sending children to camps outside of the limits of the City of 
New York to register; agency defined. 
(1) Every agency in the City of New York sending or taking children 
under 16 years of age out of the City to a camp on vacation for periods of more 
than one day shall, before sending or taking any such children to a camp, register 
annually with the Health Department of the City of New York for the current 
calendar year. 
(2) The application for registration by such an agency shall be made upon 
a form prescribed by the Commissioner of Health and no such application shall 
be accepted for registration unless there is annexed thereto a certificate from the 
State Department of Health of the State or of the local health officer where such 
camp is located, stating: 
(a) The maximum number of children that can be adequately housed and 
accommodated thereat at one time; 
(b) That there are adequate sanitary facilities for said children; 
(c) That there are facilities for the proper storage of milk and other 
perishable foods; 
(d) That the camp has a safe water supply; and 
(e) That the camp complies with the local and State health rules and 
regulations applicable thereto. 
(3) The term “agency” as used herein shall be taken to mean any nerson, 
corporation, institution, association or agent, whose activities in sending or 
taking children to vacation camps are supported or maintained from monies 
received, wholly or in part, from contributions, gifts, trust funds, or sources 
other than from the parents of the children taken or sent to vacation camps. 
(4) This section, as amended, shall take effect immediately, except that for 
the year 1939 an application for registration may be accepted upon condition 
that the required certificate from the health authorities will be filed not later 
than August 1, 1939. 
{Adopted June 9, 1922, amended December 27, 1923, April 15, 1936 and 
June 8, 1939). 
§2l7b. Trailer camp defined and regulated; permit required. 
No person shall conduct or maintain a trailer camp in the City of New York 
without a permit therefor issued by the Board of Health or otherwise than in 
accordance with the terms of said permit and with the regulations of said 
hoard. 
“Trailer camp” defined. A trailer camp shall mean and include any premises 
where one or more automobile trailers or house cars are parked for living or 
sleeping purposes, or any premises used or held out for the purpose of supplying 74 
SANITARY CODE 
to the public a parking space for a trailer or a house car for living or sleeping 
purposes. 
No such permit, however, shall be issued for premises located anywhere 
within close proximity to a developed section of the city where, in the sound 
discretion of the Board of Health, the conduct or maintenance of a trailer camp 
thereat would be dangerous or detrimental to the health of those living or em- 
ployed in the vicinity thereof, or which would or might tend to create a nuisance, 
and no such permit shall be issued for any premises without proof of compliance 
with all laws and rules governing the erection and use of buildings and structures 
and the parking of motor vehicles on vacant areas in the City of New York, 
(Adopted May 10, 1938). 
§2lB. Physicians required to register in the department of health. 
Every physician practicing in the city of New York shall register his or her 
name and address, and every change of address, in the office of the bureau of 
records of the department of health. (S. C., §160). 
§219. Nurses. 
No person, other than one who shall have received from the regents of the 
University of the State of New York a certificate of his or her qualifications to 
practice as a registered nurse shall assume the title, registered nurse, or use the 
abbrevation, R. N., or any other letters or words or figures, to indicate that such 
person is a registered nurse. No person other than one who shall have gradu- 
ated after a course of training of not less than 2 years’ duration, from a hospital 
training school for nurses, shall practice as or hold himself or herself out to be 
or be by anyone held out or represented to be a trained, graduate or certified 
nurse, or use any letters, words, figures or device to indicate that such person 
is a trained, graduate or certified nurse. (Amended March 30, 1915). 
§220. Hospitals regulated; permit required; exception. 
(Repealed December 8, 1936). 
§22oa. Hospitals; all drugs, etc., to be labeled. 
No hospital, sanitarium or other institution for the care or treatment of 
persons, shall have in its possession or upon its premises, any flask, bottle or other 
container of any solution, drug, medicine, or any substance or preparation having 
therapeutic properties unless there is securely attached to said flask, bottle or 
other container a label clearly and legibly stating the name of the solution, drug, 
medicine or substance having a therapeutic property contained therein, together 
with the percentage strength of same. 
If any such container with its contents is to be heated for the purpose of 
sterilization or other reasons, then the label hereinbefore referred to, shall be in 
the form of a metal strip or other incombustible material securely attached in a 
manner so as to not be affected by the heat applied. 
Any such flask or bottle or other container so labeled shall not contain any 
substance other than that appearing upon the said label. 
In every hospital, sanitarium or other institution for the care or treatment 
of persons, all boric acid in powder or solution not stored or kept in the pharmacy 
thereof, shall be stored or kept in the medicine cabinet under lock and key espe- 
cially provided for the purpose and all non-toxic solutions which may be used 
intravenously or for infusion or hypodermoclysis, shall be stored in a separate 
closet under lock and key, which closet shall not be used for keeping or storing 
of any other solutions, drug or substance. Such medicine cabinets and closets 
shall be in charge of a duly registered nurse. {Adopted February 28, 1933). 
§221. Growth of poison ivy and rag weed prohibited. 
No person owning, occupying, or having charge of any lot or premises in 
the City of New York shall cause, suffer, or allow poison ivy, rag weed, or other 
poisonous weed to grow therein or thereon in such manner that any part of 
such ivy, rag weed, or other poisonous weed shall extend upon, overhang, or 
border upon any public place, or allow the seed, pollen, or other poisonous 
particles or emanations therefrom to be carried through the air into any public 
place. {Adopted June 30, 1915). 
§222. Schools; permits required. 
No school for children, other than those under the jurisdiction of the depart- 
ment of education of the city of New York, shall be established or maintained in SANITARY CODE 
75 
the city of New York without a permit therefor, issued by the board of health, 
or otherwise than in accordance with the terms of said permit and the regulations 
of said board. For the purposes of this section, the terms “children” shall be 
taken to mean and include all human beings under sixteen (16) years of age. The 
provisions of this section shall take effect September 1, 1916. (Adopted December 
21, 1915). 
§223. Finely spun glass products, sale regulated. 
No product which in its finished state consists in whole or in part of finely 
spun glass, or of a similar physical texture, shall be held, kept or offered for 
sale in the City of New York unless the container in which the product is dis- 
tributed to the consumer shall have on at least two sides thereof, a warning 
notice stating that proper protection for the hands should be taken when using 
this material. The notice shall be legibly and conspicuously printed in clear type 
with letters of not less than one-eighth (Vs) of an inch in height. 
{Former §223 renumbered %102 October 22, 1935; new §223 adopted Novem- 
ber 10, 1936.) 
§224. Punishment for violation of the Sanitary Code. 
Any violation of the Sanitary Code of the Board of Health of the Depart- 
ment of Health of the City of New York shall be punished in the manner pre- 
scribed by Sections 1740 and 1937 of the Penal Law of the State of New York, 
Section 558 of the New York City Charter, and Section 564-6.0 of the Adminis- 
trative Code of the City of New York. (Adopted May 21, 1918 and amended 
May 10, 1938). 
§225. Heating of occupied buildings. 
It shall be the duty of every person who shall have contracted or undertaken, 
or shall be bound, to heat, or to furnish heat for any building or portion thereof, 
occupied as a home or place of residence of one or more, persons, or as a business 
establishment where one or more persons are employed, to heat, or to furnish heat 
for every occupied room in such building, or portion thereof, so that a minimum 
temperature of sixty-eight (68) degrees Fahrenheit may be maintained therein 
at all such times. Provided, however, the provisions of this section shall not 
apply to buildings, or portions thereof, used and occupied for trades, businesses, 
or occupations where high or low temperatures are essential and unavoidable. 
For the purpose of this section, wherever a building is heated by means of a 
furnace, boiler, or other apparatus under the control of the owner, agent, or 
lessee of such building, such owner, agent, or lessee, in the absence of a contract 
or agreement to the contrary, shall be deemed to have contracted, undertaken, 
or bound himself or herself to furnish heat in accordance with the provisions of 
this section. 
The term “at all such times” as used in this section, unless otherwise pro- 
vided by a contract or agreement, shall include the time between the hours of 
6 A. M. and 10 P. M. in a building, or portion thereof, occupied as a home or 
place of residence, of each day whenever the outer or street temperature shall 
fall below fifty-five (55) degrees Fahrenheit, and during the usual working 
hours established and maintained in a building, or portion thereof, occupied as 
a business establishment, of each day whenever the outer or street temperature 
shall fall below fifty (50) degrees Fahrenheit. 
The term “contract” as used in this section shall be taken to mean and 
include a written or verbal contract. (Adopted October 17, 1918, amended Decem- 
ber 11, 1919, and January 26, 1928). 
§226. Persons to protect nose and month Avhen coughing or sneezing. 
In order to prevent the conveyance of infective material to others, all persons 
shall, when coughing or sneezing, properly cover the nose and mouth with an 
handkerchief or other protective substance. (Adopted October 17, 1918). 
§227. Dogs to be controlled so as not to commit nuisances. 
No person having the right and ability to prevent shall, knowingly, or care- 
lessly or negligently, permit any dog or other animal to commit any nuisance upon 
any sidewalk of any public street, avenue, park, public square, or place in the 
city of New York; or upon the floor of any hall of any tenement house which is 
used in common by the tenants thereof; or upon the fences of any premises, 
or the walls or stairways of any building, abutting on a public street, avenue. 76 
SANITARY CODE. 
park, public square, or place; or upon the floor of any theatre, store, factory, 
or any building which is used in common by the public, including all public 
rooms or places therewith connected; or upon the floor of any ferry house, depot, 
or station; or upon the station platform or stairs of any railroad or other 
common carrier; or upon the roof of any tenement house used in common by 
the tenants thereof; or upon the floor of any hall, stairway, or office of any hotel 
or lodging house which is used in common by the guests thereof; nor shall any 
such person omit to do any reasonable and proper act, or take any reasonable and 
proper precaution, to prevent any such dog or other animal from committing 
such a nuisance in, on, or upon, any of the places or premises herein specified. 
{Adopted November U, 1918). 
§228. Noise from bells, gongs, etc., prohibited. 
No person shall cause, suffer or allow to be attached to, or maintained in 
or upon any building or premises any bell or gong, which shall by noise disturb 
the quiet or repose of persons in the vicinity thereof, to the detriment of the 
repose or health of such persons. All persons participating in the violation of 
this provision, either as proprietors, owners, tenants, managers or superintendent 
of such building or premises, or licensees or licensors of such electric bell or gong, 
or otherwise, shall be liable therefor. {Adopted August 20, 1919). 
§229. Automobiles and other motor vehicles; loud and explosive noises pro- 
hibited. 
Every automobile, or other vehicle euipped with a gasoline or other internal 
combustion engine in which gas is generated or used for the purpose of propul- 
sion, shall be constructed so that the exhaust from such engine is made to dis- 
charge into a muffler or other device which will prevent loud or explosive noises; 
and no person having the management and control of any such automobile or 
vehicle, or operating the engine thereof, shall cause, permit, suffer or allow the 
exhaust from such engine to discharge into the open air, or otherwise than into 
a muffler or other device which would prevent loud or explosive noises. 
No person having the management and control of any such automobile or 
vehicle, or operating the engine thereof, shall use a horn or other device for 
signalling except in a reasonable manner as a danger warning, nor shall any 
such person produce or cause, suffer or allow to be produced by means of such horn 
or other signalling device, a sound which shall be unnecessarily loud or harsh or 
which shall continue for an unnecessary and unreasonable period of time. 
{Adopted December 17, 1919; and amended July 25, 1921). 
§230. Manufacture and sale of brushes, cloth or othe,r articles containing 
horse hair, goat hair, cow hair or sheep wool. 
(a) No person shall bring into or manufacture in the City of New York, or 
offer for sale, sell, deliver or give away in said City any brush made of horse hair, 
goat hair, cow hair or sheep wool, unless the said hair or wool has been sterilized 
in accordance with the regulations of the Board of Health, and the brush is per- 
manently and legibly marked or branded with the word, “Sterilized,” together 
with the name and address of the manufacturer. Provided, that where the 
manufacturer or importer of brushes registers with the Department of Health 
his trade-mark or other distinctive identification mark in accordance with the 
regulations of the Board of Health, then in lieu of the requirement of the word 
“Sterilized” and the name and address of the manufacturer, such trade-mark or 
other distinctive identification mark may be permanently and legibly marked or 
branded upon any such brush. 
(b) No person shall bring into the City of New York or offer for sale, sell, 
deliver or give away any horse hair, goat hair, cow hair or sheep wool, unless 
the package, bundle or other container bear a label or tag securely attached 
thereto legibly and conspicuously stating whether the hair or wool contained 
therein has or has not been sterilized in accordance with the regulations of the 
Board of Health in the following manner: 
1. If sterilized—the words “The (hair or wool) contained herein has been 
sterilized pursuant to the regulations of the Board of Health of the City of 
New York.” 
2. If not sterilized—the words “The (hair or wool) contained herein must be 
sterilized before using.” 
(c) No person shall use in the manufacture of cloth or other article any 
horse hair, goat hair, cow hair or sheep wool, unless the same has been sterilized SANITARY CODE 
77 
in accordance with the regulations of the Board of Health. 
(d) No person shall bring into or manufacture in the City of New York, 
or have, keep, offer for sale, sell, deliver or give away in the City of New York 
any shaving brush in which horse hair is used in whole or in part. 
The provisions of this Section shall take effect immediately, but shall not 
apply to brushes in stock on the Ist day of October, 1933, in the hands of dealers 
which have not been labeled or branded as hereinbefore required. (Adopted 
June 16, 1920, and amended July 11, 1933). 
§23oa. Bacterial rat poisoning, sale, manufacture and use of, prohibited. 
(Repealed December 1, 1931). 
ARTICLE 13 
Offensive Materials 
Section 231. Offensive water or other liquid or substance; not permitted on 
premises or grounds. 
232. Offensive matter or substances; accumulation thereof not to be 
disturbed in certain periods of year; permit required. 
233. Stinking, noxious liquids; not to fall into or upon any public place. 
234. Blood, butchers’ offal or garbage, dead animals, and putrid or 
stinking animal or vegetable matter; disposal restricted. 
235. Contents of vaults, privies, cisterns, cesspools, and sinks; creation 
of nuisances prohibited. 
236. Disinfection and removal of contents of sinks, privies, vaults, and 
all other noxious substances. 
237. Vaults, sinks, privies, and cesspools; use thereof limited. 
238. Transportation of garbage on boats and scows to Barren Island 
regulated. 
239. Transportation of offal and butcher’s refuse regulated. 
240. Transportation of manure, swill, ashes, garbage, and offal regu- 
lated. 
241. Collection and transportation of bones, refuse, and offensive ma- 
terials regulated. 
242. Accumulations of manure, offal, garbage, and other offensive and 
nauseous substances retention and disposal regulated. 
243. Removal of dead or diseased animals and filthy, offensive, and 
noxious substances regulated. 
244. Carts, vehicles, and implements to be kept in an inoffensive and 
sanitary condition; use of same regulated. 
245. Ships, boats, and other vessels; not allowed at dock or pier unless 
permitted. 
246. The use of docks, piers, and bulkheads regulated. 
247. Refuse from oyster-houses, oyster-saloons, and other premises; 
method of disposal of refuse regulated; nuisance prohibited. 
248. Ashes, garbage, and liquid substances; separate receptacles to be 
provided; duties of owners, lessees, and agents; removal; special 
provisions applicable to borough of Richmond. 
249. Receptacles for ashes, garbage, and liquid substances not to be 
interfered with or contents disturbed. 
250. Ashes, garbage, and rubbish; method of removal regulated. 
251. Vacant lots; accumulation of water thereon prohibited; fence to be 
provided, if sunken; throwing and depositing offensive material 
into such lots prohibited. 
252. Filling in land; offensive and unwholesome materials not to be 
used; the use of street sweepings for filling in purposes forbidden. 
253. Lime, ashes, coal, dry sand, hair, feathers, like substances, and 
other materials not to be sieved, agitated, or exposed. 
§231. Offensive water or other liquid or substance; not permitted on premises 
or grounds. 
No person or corporation shall permit or have any offensive water or other 
liquid or substance on his, her, or its, premises or grounds to the prejudice of life 
or health, whether for use in any trade or otherwise. (S. C., §88). 78 
SANITARY CODE 
§232. Offensive matter or substances; accumulations thereof not to be dis- 
turbed in certain periods of year; permit required. 
No ground or material filled with or containing offensive matter or substance, 
or that will emit or allow to arise through or from the same any offensive smell 
or deleterious exhalation, shall (adjacent to or within the built-up portion of the 
city of New York) be opened or turned up, nor shall the surface thereof be re- 
moved, between the first day of May and the first day of October of any year, 
without a permit therefor issued by the board of health or otherwise than in 
accordance with the terms of said permit and with the regulations of said board. 
(S. C., §99). 
§233. Stinking, noxious liquids; not to fall into o,r upon any public place. 
No swill, brine, urine of animals, or other offensive animal matter, or any 
stinking or noxious liquid, or other filthy matter of any kind, shall by any person 
be allowed to run or fall into or upon any street or public place, or be taken or put 
therein. (S. C., §102). 
§234. Blood, butcher’s offal or garbage, dead animals, and putrid or stinking 
animal or vegetable matter; disposal restricted. 
No blood, butcher’s offal or garbage, or any dead animal, or any putrid or 
stinking animal or vegetable matter, shall be thrown by any person or allowed to 
go into any street, place, sewer, or receiving basin, any river or standing or 
running water or excavation, or any ground or premises in the built-up portions 
of the City. (S. C., §103). 
§235. Contents of vaults, privies, cisterns, cesspools, and sinks; creation of 
nuisances prohibited. 
No person shall deposit, or allow to run or go into or remain in any street or 
other public place in the city of New York, or deposit, or allow to run or go 
(except through the proper underground sewers) into any river or other body of 
water within the territorial limits of the said city, the contents (or any part 
thereof) of any vault, privy, cistern, cesspool, or sink; nor shall any owner, 
tenant, or occupant, of any building to which any vault, sink, privy, or cesspool 
shall pertain or be attached, permit the contents, or any part thereof, to flow 
therefrom or to rise within 2 feet of any part of the top thereof, or said contents 
to become offensive; nor shall any vault, privy, cistern, cesspool, or sink be filled 
or covered with dirt until it shall have been emptied of its filthy contents. 
(S. C., §104). 
§236. Disinfection and removal of contents of sinks, privies, vaults, and all 
other noxious substances. 
All putrid or offensive matter, all night soil, the contents of all sinks, privies, 
vaults, and cesspools, and all noxious substances, shall, before their removal or 
exposure, be disinfected and rendered inoffensive by the owner, lessee, or occupant 
of the premises where the same may be, or by the person or contractor who re- 
moves or is about to remove the same; and no part of the contents of any vault, 
privy, sink, or cesspool shall be removed without a permit therefor issued by the 
board of health or otherwise than in accordance with the terms of said permit 
and with the regulations of said board. (S. C., §122). 
§237. Vaults, sinks, privies, and cesspools; use thereof limited. 
No person shall throw or deposit into any vault, sink, privy, or cesspool, 
any offal, ashes, meat, fish, garbage, or other substance except that of which any 
such place is the appropriate receptacle. (S. C., §105). 
§238. Transportation of garbage on boats and scows to Barren Island regu- 
lated. 
No boat, scow, or other receptacle, used in transporting garbage to Barren 
Island or the place of disposal shall be permitted to remain moored or be at any 
dock, wharf, or place, within the limits of the city of New York, for a longer 
period than 24 hours from the time when garbage is first delivered or placed 
thereon. Garbage shall be received on and transported in such boat, scow, or 
other receptacle in a manner approved by the board of health and not otherwise. 
(S. C., §123). SANITARY CODE. 
79 
No offal or butcher’s refuse or garbage shall be conveyed through any street 
or avenue or over any ferry in the city of New York without a permit therefor 
issued by the board of health or otherwise than in accordance with the terms of 
said permit and with the regulations of said board. 
No offal or butcher’s refuse shall be brought into the city of New York. 
(S. C., §B7). 
§239. Transportation of offal and butcher’s refuse regulated. 
No person shall engage in the business of transporting manure, swill, ashes, 
garbage, offal, or any offensive or noxious substance, or drive any cart for such 
purpose, in the city of New York, without a permit therefor issued by the board 
of health or otherwise than in accordance with the terms of said permit and with 
the regulations of said board. (S. C., §119). 
§240. Transportation of manure, swill, ashes, garbage, and offal regulated. 
§241. Collection and transportation of bones, refuse, and offensive materials 
regulated. 
No person shall gather, collect, accumulate, store, expose, carry, or transport 
in any manner through any street or public place, or into any building or cellar, 
in the city of New York, any bones, refuse, or offensive material without a permit 
therefor issued by the board of health or otherwise than in accordance with the 
terms of said permit and with the regulations of said board. (S. C., §101). 
§242. Accumulations of manure, offal, garbage, and other offensive and 
nauseous substances; retention and disposal regulated. 
No pile, deposit, or accumulation of manure, offal, dirt, or garbage, or any 
offensive or nauseous substance, shall be made within the built-up portions of the 
city of New York, or on or upon the piers, docks, or bulkheads adjacent thereto, 
or on or upon any vessel, boat, or scow, lying at such pier, wharf, or bulkhead; nor 
shall such pile, deposit, or accumulation be made anywhere in said city within 
300 feet of any church or place of worship, or inhabited dwelling, without a 
permit therefor issued by the board of health or otherwise than in accordance 
with the terms of said permit and with the regulations of said board; and no 
person shall contribute to the making of any such pile, deposit, or accumulation 
without such a permit or otherwise than in accordance with the terms of such 
permit and the regulations of said board; nor shall any car loaded with or 
having in or on it any such substance or substances be allowed to remain or 
stand on any railroad track, street, or highway, within 300 feet of any in- 
habited dwelling, or elsewhere in said city, nor shall any vessel, boat, scow, or 
float, loaded with any such substance or substances be allowed to remain at 
any pier, dock, or bulkhead in said city, without a permit therefor issued 
by the board of health or otherwise than in accordance with the terms of said 
permit and with the regulations of said board; and no manure, garbage, or other 
material that is liable to emit an offensive exhalation shall, in or adjacent to the 
built-up portions of the city of New York, be turned or stirred, except in its 
removal, in such a way as to increase such exhalations by reason thereof; nor 
shall any straw, hay, or other substance, which has been used as bedding for 
animals, be placed or dried upon any street or sidewalk, or roof of any building; 
nor shall any such straw, hay, or other substance, or the contents of any 
mattress or bed, be deposited or burnt without a permit therefor issued by the 
board of health or otherwise than in accordance with the terms of said permit and 
with the regulations of said board. (S. C., §111). 
§243. Removal of dead or diseased animals and filthy, offensive, and noxions 
substances regulated. 
It shall be the duty of every person (his agents and employees) who has con- 
tracted or undertaken to remove any diseased or dead animal, offal, rubbish, 
garbage, dirt, street-sweepings, night soil, or other filthy, offensive, or noxious 
substance, or is engaged in any such removal, or in loading or unloading any such 
substance, to do the same with dispatch, and, in every particular, in as cleanly 
and inoffensive a manner, and with as little danger and prejudice to life and health, 
as possible, and no matter or material shall lie piled up, or partially raked to- 
gether, in any street or place, before the removal thereof, more than a reasonable 
time, or for more than 4 hours, under any circumstances, in the day time. 
(S. C., §114). 80 
SANITARY CODE 
§244. Carts, vehicles, and implements to be kept in an inoffensive and sani- 
tary condition; use of same regulated. 
No cart or other vehicle used for carrying or containing any manure, swill, 
garbage, offal, or rubbish, or other nauseous or offensive substance, or the con- 
tents of any privy, vault, cesspool, or sink, shall, without necessity therefor, 
be allowed to stand or remain before or near any building, place of business, 
or other premises, where any person may be; nor shall the loading or unloading 
of any such cart or vehicle or the conveying thereof through any street, place, 
or premises consume an unreasonable period of time. Such carts, vehicles, and 
all implements used in connection therewith must be kept in an inoffensive and 
sanitary condition, and, when not in use, shall be stored and kept in some place 
where no needless offense shall be given to any of the people of the City of New 
York. Any cart or other vehicle used for carrying or containing a dead animal 
shall be equipped with a cover to conceal such animal from view while the same 
is being transported for final disposition. (S. C., §120; amended March 20, 1934). 
§245. Ships, boats, and other vessels; not allowed at dock or pier unless per- 
mitted. 
No ship, boat, or other vessel shall be taken or allowed by any person to 
come into, or lay at or within, any dock, pier, bulkhead, or slip, for the purpose 
of the shipment or removal of any offal, garbage, rubbish, blood, or offensive 
animal or vegetable matter, dirt, or dead animals, or for the use of any contractor 
for the removal of any of the foregoing substances, without a permit therefor 
issued by the board of health or otherwise than in accordance with the terms of 
said permit and with the regulations of said board. (S. C., §115). 
§240. The use of docks, piers, and bulkheads regulated. 
No person shall obstruct, delay, or interfere with the proper and ready use, 
for the purposes for which they may be and should be set apart and devoted, of 
any dock, pier, or bulkhead by any contractor or person engaged in removing any 
offal, garbage, rubbish, dirt, dead animal, night soil, or other like substances, or 
with the proper performance of such contracts. (S. C., §113). 
§247. Refuse from oyster-houses, oyster-saloons, and other premises; method 
of disposal of refuse regulated; nuisances prohibited. 
Every proprietor, lessee, tenant, and occupant of any oyster-house, oyster- 
saloon, or other premises where any oysters, clams, lobsters, or shell or other fish 
are consumed, used, or sold, or where any of the refuse matter, offal, or shells 
thereof accumulate shall daily cause all such shells, offal, and refuse matter to 
be removed therefrom to some proper place, and shall keep such house, saloon, 
or premises at all times free from any offensive smells or accumulations. (S. C., 
§112). 
§248. Ashes, garbage, and liquid substances; separate receptacles to be pro- 
vided; duties of owners, lessees, and agents; removal; special pro- 
visions applicable to borough of Richmond. 
It shall be the duty of every owner, tenant, lessee, occupant, or person jin 
charge of any and every building to provide and cause to be kept and provided, 
within and for the exclusive use of such building, or part thereof separate re- 
ceptacles, made of metal, for holding, respectively, without leakage, all ashes, 
garbage, refuse and liquid waste substances, that may accumulate, during sixty 
consecutive hours, in or through the use of such building, or part thereof. 
Every owner, tenant, lessee, occupant, or person in charge of any such 
building shall cause to be separated and put into their respective receptacles 
all such materials and substances; but* no such receptacle shall be filled to a 
greater height than a line within such receptacle four inches from the top 
thereof, nor shall any such receptacle, when so filled, contain more than two 
cubic feet of material, nor weigh more than one hundred pounds; and every such 
receptacle shall be kept, at all times, in a condition satisfactory to the Street 
Cleaning Department or the Department of Health. 
Such receptacles shall be kept within the building, or in the rear premises 
therewith connected, until the time for the removal of such substances, when such 
receptacles shall be placed in the area, or within the fence or other enclosure, 
in front of such building, or, such receptacles may be placed on the sidewalk 
close to such building; all such receptacles shall remain so placed until the con- 
tents thereof shall have been removed by the Street Cleaning Department, im- SANITARY CODE 
81 
mediately after which, such receptacles shall be returned to such building, or to 
the rear premises therewith connected; and every garbage refuse or liquid waste 
receptacle shall be kept, at all times, covei’ed with a tight fitting cover. 
Newspapers, wrapping-paper, or other light refuse and rubbish likely to be 
blown or scattered about the streets, shall be securely bundled, tied, or packed, 
before being placed for removal; and such newspapers, wrapping-paper, and 
other light refuse and rubbish, as well as all other refuse and rubbish, shall be 
kept within the building, or in the rear premises therewith connected, until the 
time for the removal thereof, when they shall be placed as the receptacles herein- 
before mentioned are required, by the provisions of this section, to be placed. 
No such receptacle or refuse or rubbish shall, however, be so placed as to 
constitute or contribute to the creation of a nuisance; and no yard sweepings, 
hedge cuttings, grass, leaves, earth, stone, bricks, or business waste shall be 
mixed with household waste. 
Accumulations of household ashes, garbage, refuse or rubbish resulting from 
the failure to take advantage of the regular collection service shall be removed at 
the expense of the person or persons concerned. 
In the Borough of Richmond, ashes shall be kept apart from the remainder of 
the household waste and in a receptacle, or receptacles, made of metal, which shall 
be used only for holding such ashes; all other household waste, including garbage, 
sweepings, soiled paper, refuse, and rubbish, shall be placed in a separate metal 
receptacle, or receptacles, which shall be kept covered with a tight fitting cover. 
(S. C., §108; amended May 10, 1927). 
§249. Receptacles for ashes, garbage, and liquid substances not to be inter- 
fered with or contents disturbed. 
No person, not for that purpose authorized, shall interfere with the recep- 
tacles for ashes, garbage, or liquid substances, as provided in accordance with 
§248 of the sanitary code, or with the contents thereof; nor shall any person in 
any way handle or disturb such contents. (S. C., §109). 
§250. Ashes, garbage, and rubbish; method of removal regulated. 
All occupants so preferring may deliver their ashes, garbage, refuse, and 
rubbish directly to the proper carts, to be taken away at any hour of the day 
when said carts may be present, and said carts may take such articles and sub- 
stances at any such hour; provided that such garbage, refuse, or rubbish be not 
highly filthy or offensive. In the latter case, the same shall not be so delivered 
or received during the period beginning at 7 o’clock a. m., of any day and ending 
at 10 o’clock of the evening of the same day. (S. C., §110). 
§251. Vacant lots; accumulation of water thereon prohibited; fence to be 
provided, if sunken; throwing and depositing offensive material 
into such lots prohibited. 
It shall be the duty of every owner, lessee, contractor, or other person having 
the management or control of any lot or parcel of land in the City of New York, 
to keep and preserve the same, at all times, clean and inoffensive; and to prevent 
the gathering or collecting of water, or accumulation of rubbish or refuse thereon; 
and to provide and maintain around or in front of any lot which is sunken, ex- 
cavated, or below the grade of the sidewalk adjacent thereto, a proper fence to 
protect persons from falling into such lot. 
No person shall throw or deposit into or upon any lot any garbage, refuse, 
or other offensive material. (S. C., §116; amended Sept. 23, 1930). 
§252. Filling in land; offensive and unwholesome materials not to be used; 
the use of street sweepings for filling-in purposes forbidden. 
No person shall fill in any land under or above water within the limits of the 
City of New York, or any of the islands situated within such limits, with gar- 
bage, dead animals or any parts thereof, decaying matter, or any offensive and 
unwholesome material, or with dirt, ashes, or other refuse, when mixed with such 
garbage, dead animals or parts thereof, decaying matter or offensive and unwhole- 
some material. (S. C., §9B; amended March 30, 1937). 
§253. Lime, ashes, coal, dry sand, hair, feathers, and like substances, and 
other materials not to be sieved, agitated, or exposed. 
No lime, ashes, coal, dry sand, hair, feathers, or other substance that is in a 
similar manner liable to be blown by the wind, shall be sieved, agitated, or ex- 82 
SANITARY CODE 
posed, nor shall any mat, carpet, or cloth be shaken or beaten, nor shall any 
cloth, yarn, garment, material, or substance be scoured, cleaned, or hung, nor 
shall any rags, damaged merchandise, barrels, boxes, or broken bales of mer- 
chandise or goods, be placed, kept, or exposed in any place where they or particles 
therefrom will pass into any street or public place, or into any occupied premises; 
nor shall any usual or any reasonable precautions be omitted by any person to 
prevent fragments or other substances from falling, to the detriment or peril of 
life or health, or dust or light material flying into any street, place, or building, 
from any building or erection, while the same is being altered, repaired, or de- 
molished, or otherwise. In demolishing any building or part thereof, the material 
to be removed shall be properly wet in order to lay dust incident to its removal. 
(S. C., §118; amended September 13, 1938). 
ARTICLE 14 
Plumbing, Drainage and Sewerage 
Section 271. Drainage; duties of owners, lessees, tenants, and occupants of 
buildings and premises. 
272. Drainage of marsh land. 
273. Sewers; to be adequately flushed; duties of boards, departments, 
officers and persons. 
274. Sewage, drainage, factory refuse, and foul offensive liquid or ma- 
terial; disposal thereof, regulated and restricted. 
275. Change in drainage, sewerage, and sewer connection affecting other 
premises regulated. 
276. Drains, soil-pipes, passages, or connections between sewers and 
buildings; to be adequate. 
277. Plumbing and gas piping; to be kept in good order and repair. 
278. Plumbing fixtures; to be separately trapped. 
279. Drain, soil, and waste pipes, joints and connections. 
280. Drain pipes from refrigerators; to discharge into open sink, ex- 
ceptions; discharge from overflow pipe regulated. 
281. Waste, soil, and vent pipes; to be constructed and located so as not 
to contribute to the creation of a nuisance. 
282. Ventilation of sewers and plumbing. 
283. Rain water leaders and gutters; use restricted; to be sound, tight 
and adequate. 
284. Privies and water closets; maintenance. 
285. Temporary privies; to be provided during construction work. 
286. Privies to be screened to prevent access of flies. 
287. Privy vaults and cesspools; construction. 
288. Master plumbers; license and metal plates required; fees. 
§271. Drainage; duties of owners, lessees, tenants, and occupants of buildings 
and premises. 
No person being owner, lessee, tenant, or occupant of any building or prem- 
ises, shall allow any water or other liquid to run from or out of such building or 
premises upon or across any sidewalk or curbstone, and no such substance shall be 
allowed to pass into any street except by means of a passage constructed under or 
through, which passage must be kept at all times adequate and in repair; and no 
water or other liquid, or ice therefrom, shall be allowed to gather or remain on the 
upper surface of such curb, flag-stone, or passage; nor shall any such person allow 
any accumulation of such water or liquid, or the ice therefrom, upon any street or 
place, but shall at all times cause the same to be removed or to pass along the 
gutter or some proper passage to one of the rivers or into a sewer. (S. C., §4O). 
§272. Drainage of marsh land. 
It shall be the duty of every owner, lessee, agent, contractor, or other person 
having the management or control of any salt marsh land, inland swamp, sunken 
lot, abandoned excavation, or any other place wherein or whereon either salt or 
fresh water becomes stagnant and in which said stagnant water mosquitoes are 
bred and developed, to fill in or drain the same, or employ such other methods as 
will prevent at all times the breeding of mosquitoes in or on such places. SANITARY CODE 
83 
§273. Sewers; to be adequately flushed; duties of boards, departments, of- 
ficers, and persons. 
It shall be the duty of all boards, departments, officers, and persons having 
power and authority so to do or require (and to the extent thereof) to cause 
sufficient water to be used, and other adequate means to be taken, so that whatever 
substances may enter any sewer shall pass speedily along and from the same and 
sufficiently far into some water or proper reservoir, in order that no accumula- 
tions shall take place therein, and no exhalations proceed therefrom, dangerous or 
prejudicial to life or health. (S. C., §2B). 
§274. Sewage, drainage, factory refuse, and foul or offensive liquid or other 
material; disposal thereof regulated and restricted. 
No person, persons, company, or corporation shall cause, permit, or allow any 
sewage, drainage, factory refuse, or any foul or offensive liquid or other material 
to flow, leak, escape, or be emptied or discharged, into the waters of any river, 
stream, canal, harbor, bay, or estuary, or into the sea, within the limits of the 
city of New York, excepting under low-water mark, and in such manner and 
under such conditions that no nuisance can or shall be caused thereby or as a 
result thereof. (S. C., §3B). 
§275. Change in drainage, sewerage, and sewe,r connection affecting other 
premises regulated. 
No change shall be made in the drainage, sewerage, or the sewer connection 
of any house or premises, involving changes in the drainage, sewerage, or sewer 
connection of any other house or premises, unless at least 30 days’ notice thereof 
in writing shall have been previously given to this department, and to the owner 
or occupant of the premises affected by such change. (S. C., §27). 
§276. Drains, soil-pipes, passages, or connections between sewers and build- 
ings; to be adequate. 
Every person using, making, or having any drain, soil-pipe, passage, or con- 
nection between any sewer (or any river or other body of water) and any ground, 
building, erection, or place of business, every owner or tenant of any such ground, 
building, or erection or place of business, and every person, board, department, or 
officer occupying or interested in, any such ground, building, erection, or place of 
business, shall, to the extent of the right and authority of each, cause and require 
such drain, soil-pipe, passage, or connection to be at all times adequate for the 
purpose of conveying and allowing, freely and entirely, to pass whatever enters 
or should enter the same. (S. C., §27), 
§277. Plumbing and gas piping to be kept in good order and repair. 
All house drains, house sewers, waste and soil pipes, traps and water and gas 
pipes, in any building or premises shall at all times be kept in good order and re- 
pair so that no gases or odors shall escape therefrom and so that the same shall 
not leak, and every owner, agent, lessee or other person having the management 
or control of any building wherein manufactured gas is used for lighting, cooking 
or heating purposes shall maintain in the said building a system of gas pipes of 
a size sufficient to furnish and supply an adequate volumetric flow of manufac- 
tured gas to all such lighting, cooking and heating fixtures or appliances used or 
intended to be used in the said building or premises; and all vent pipes shall be 
kept in good order and repair and free from obstructions. (S. C., §32; amended 
Nov. 9, 1926). 
§278. Plumbing fixtures; to be separately trapped. 
Every water-closet, urinal, sink, basin, wash-tray, and bath, and every tub or 
set of tubs and hydrant waste pipe, must be separately and effectively trapped, 
except where a sink and wash tubs immediately adjoin each other, in which case 
the waste pipe from the tubs may be connected with the inlet side of the sink 
trap. Traps must be placed as near the fixtures as practicable, and in no case 
shall a trap be more than 2 feet from the fixture. In no case shall the waste 
from a bath tub or other fixture be connected with a water-closet trap, nor shall 
any trap vent pipe be used as a waste or soil pipe. (S. C., §33). 
§279. Drain, soil, and waste pipes; joints and connections. 
All joints in cast iron drain, soil, and waste pipes must be filled with oakum 
and lead and be hand caulked, so as to make them gas-tight. All connections of 84 
SANITARY CODE 
lead with iron pipes must be made with a brass sleeve or ferrule of the same size 
as the lead pipe, put into the hub of the branch of the iron pipe, and caulked with 
lead; and the lead pipe must be attached to the sleeve or ferrule by a wiped or 
overcast joint. All connections of lead waste and vent pipes shall be made by 
means of wiped joints, and all connections of galvanized wrought iron pipe shall 
be made with screw joints. (S. C., §3l). 
§2BO. Drain pipes from refrigerators; to discharge into open sink, exceptions; 
discharge from overflow pipe regulated. 
No drain pipe from a refrigerator shall be connected with the soil or waste 
pipe, but it shall discharge into a properly trapped, sewer-connected, open sink 
which shall be kept properly cleansed, except where another method of drainage 
has been approved by the Department of Health. Provided, however, that the 
drain pipe from an ice-box or other refrigerated container using ice, which has a 
food storage capacity not greater than five (5) cubic feet, may discharge into a 
pail or other water-tight receptacle. 
No overflow pipe from a water-tank on the roof shall discharge into any soil 
or waste pipe, or water-closet trap, or into the drain or sewer, but it may dis- 
charge upon the roof or into a properly trapped, sewer-connected, open sink. 
(S. C., §34; amended May 12, 1936, a7id June 9, 1936). 
§2Bl. AVaste, soil, and vent pipes; to be constructed and located so as not to 
contribute to the creation of a nuisance. 
All waste, soil, and vent pipes in any building in the city of New York shall 
extend above the roof thereof to a height of at least 2 feet, and that portion of the 
pipe extending above the roof shall be of an increased diameter. All such pipes 
shall be so constructed and located that they shall not contribute to the creation 
of a nuisance. (S. C., §36). 
§282. Ventilation of sewers and plumbing. 
No brick, sheet metal, or earthenware, material or chimney flue shall be used 
as a sewer ventilator, or to ventilate any trap, drain, soil, or waste pipe. (S. C., 
§29). 
§283. Rain water leaders and gutters; use restricted; to be sound, tight, and 
adequate. 
Rain water leaders and gutters shall be sound, tight, and adequate for their 
purpose and such leaders shall not be used as soil, waste, or vent pipes, or be con- 
nected therewith; nor shall any soil, waste, or vent pipe be used as a leader. 
When within the house, the leader must be of cast iron, wrought iron, or steel, 
with leaded joints and properly connected with the house drain; when outside 
of the house and connected with the house drain, it must be trapped beneath the 
ground or just inside of the wall, the trap being arranged in either case so as to 
prevent freezing. In every case where a sewer or cesspool connected leader opens 
near a window or a light-shaft, it must be properly trapped at its base. The 
joint between a cast iron leader and the roof must be made gas and water tight 
by means of a brass ferrule and a lead or copper pipe properly connected. 
(S. C., §35). 
§284. Privies and water-closets; maintenance. 
Every owner, lessee, keeper, or manager of any boarding-house, lodging- 
house, dwelling-house, and any factory, workroom, store, office, or place of busi- 
ness, in which persons are employed, shall provide, or cause to be provided, for 
the use of the tenants, boarders, lodgers, dwellers or employees therein adequate 
privies or water-closets, and the same shall be properly lighted and ventilated, 
and shall at all times be kept in such cleanly and sanitary condition, as not to be 
offensive or dangerous or detrimental to life or health. And no offensive smell or 
gases, from any outlet or sewer, or from any such privy or water-closet, shall be 
allowed to pass into any other part of said house, building, or premises, or into 
any other house, building, or premises. (S. C., §2O). 
§285. Temporary privies; to be provided during construction work. 
Contractors or builders shall provide or cause to be provided temporary 
privies for the use of the men employed during construction work, at some con- 
venient place upon the premises, or which shall be readily accessible, and the 
same shall be properly screened to prevent the entrance of flies thereto. The SANITARY CODE. 
85 
contents of such privies shall be disinfected and removed, and shall not be allowed 
to accumulate thereat. Contractors, builders, or other persons having the man- 
agement and control of construction work shall prevent the commission of any 
nuisance by workers, employees, or other persons connected therewith, in and 
about such work or premises, and require workers and employees to use the 
privies so provided. (S. C., §37a). 
§2BO. Privies to be screened to prevent access of flies. 
It shall be the duty of each owner, lessee, or occupant of any premises on 
which a privy is located or used to cause the same to be properly screened so that 
flies shall not have access thereto or to the contents thereof. (S. C., §37a). 
§287. Privy vaults and cesspools; construction. 
No privy vault or cesspool shall be allowed to remain on any premises, or 
built, in the city of New York unless when unavoidable. The sides and bottom of 
every privy vault, cesspool, or “school sink,” in the city of New York, must be 
impermeable and secure against any saturation of the walls or the ground above 
the same, unless otherwise allowed by a permit in writing issued therefor by the 
board of health and must then be used in accordance with the terms of said permit 
and the regulations of said board. No water-closet or privy vault shall be con- 
structed without adequate provision for the effectual and proper ventilation and 
cleansing thereof. (S. C., §37). 
§2BB. Master plumbers; license and metal plates required; fees. 
No person shall in this city engage in or by a sign or otherwise advertise or 
hold himself out as engaged in the trade, business or calling of a master plumber 
without a master plumber’s license issued by the commissioner of health, and a 
“licensed plumber” metal plate issued by the commissioner of health for the 
premises where such trade, business or calling is carried on. 
Persons applying for a master plumber’s license shall pay to the commissioner 
of health a fee of five dollars ($5.00) for such license in addition to the fees 
prescribed for “licensed plumber” metal plates issued pursuant to section 45b of 
the general city law. 
A certificate of competency issued by the former examining board of plumb- 
ers, unless revoked by the commissioner of health, shall for all purposes herein 
constitute a master plumber’s license, (Adopted Oct. 13, 1936). 
ARTICLE 15 
Railroad Cars and Other Public Vehicles 
Section 301. Public vehicles and other public places; to be cleaned daily. 
302. Railroad cars and other public vehicles; carrying or conveying 
soiled or dirty clothing regstricted. 
303. Railroad cars and other public vehicles; to be adequately and 
sufficiently ventilated. 
304. Heating. 
305. Lighting. 
§BOl. Public vehicles and other public places; to be cleaned daily. 
Every railroad car, omnibus, and ferryboat, used in the city of New York 
for carrying passengers, and every railroad depot, railrdad station, railroad 
platform, and ferryhouse, and every public room or space connected therewith, 
and every stairway and other means of entrance thereto or exit therefrom, shall, 
on each and every day on which it shall be used, be carefully and thoroughly 
cleaned so that all refuse, dirt, and filth are removed therefrom, in such manner 
as to avoid the raising of dust. Dry sweeping is prohibited. (S. C., §173; 
amended May 31, 1916, June 28, 1916, December 16, 1916 and October 15, 1918). 
§302. Railroad cars and other public vehicles; carrying or conveying soiled 
or dirty clothing restricted. 
No person shall at any time carry or convey upon or in any passenger car or 
other public vehicle, nor shall any conductor or person in charge of such car 
or other public vehicle, permit or allow to be carried or conveyed upon or in such 
car or other public vehicle, except upon or on the front platform thereof, any 86 
SANITARY CODE 
soiled or duty articles of clothing or bedding. (S. C., §174; amended Dec. 16, 
1916). 
§303. Railroad cars and other public vehicles; to be adequately and suf- 
ficiently ventilated. 
Every railroad car and other public vehicle used in the city of New York for 
carrying of passengers shall be constructed so as to provide and secure, at all 
times, good, adequate and sufficient ventilation, and such good, adequate and 
sufficient ventilation shall be maintained at all times by natural or mechanical 
means. (S. C., §175; amended Dec. 16, 1916). 
§304. Heating. 
Every railroad car and other public vehicle, and every ferryboat, used in 
the city of New York for carrying passengers, and every depot, station, ferry- 
house, and waiting room used in connection with such means of transit, shall, 
between the first day of October of each year and the first day of April of each 
following year, be properly heated and kept heated whenever the temperature 
upon the street shall fall below forty degrees Fahrenheit. {Amended Dec. 16, 
1916). 
§305. Lighting. 
Every railroad car and other public vehicle, and every ferryboat used in the 
city of New York for carrying passengers, and every depot, station, ferryhouse, 
waiting room and other public place or premises used in connection with such 
means of transit shall be at all times adequately lighted, by natural or artificial 
means, {Adopted Dec. 16, 1916). 
§306. Cars not to be overcrowded. (Annulled March 28, 1918). 
§307. Public vehicles not to be overcrowded. (Annulled March 28, 1918). 
Street Conditions 
ARTICLE 16 
Section 311. Method of cleaning streets regulated. 
312. Street obstructions prohibited. 
314. The use of horse watering troughs prohibited. 
315. Throwing refuse into streets and vacant lots and interfering with 
sanitation employees prohibited. 
316. Interference with refuse placed for collection prohibited. 
317. Spilling or scattering of vehicle contents prohibited. 
318. Handbills, cards and circulars. 
§3ll. Method of cleaning streets regulated. 
Every person, when cleaning any street, shall clean, and every contractor 
shall cause to be cleaned, the gutters and parts of the street along which the water 
will run, before using any water to wash the same; and no substance that could 
be before scraped away shall be washed or allowed to be carried or be put into the 
sewer, or into any receptacle therewith connected. (S. C., §39). 
§312. Street obstructions prohibited. 
No person having the right and ability to prevent, shall take or drive, or 
allow to go or be taken, any horse or other animal, or any vehicle, upon any 
sidewalk or footpath in front of any building, to the peril of any person; nor 
shall any person block or obstruct, or contribute to the blocking or obstructing of, 
any street or other public place. (S. C., §7B). 
§313. Dirt and other materials not to obstruct street. 
(Repealed April 11, 1939). 
§314. The use of horse watering troughs prohibited. 
The watering of horses at a common watering trough in any public place or 
stable in the city of New York is hereby prohibited; nor shall any person water 
any horse or horses except by the use of an individual pail, bucket or other con- 
tainer furnished for each such horse. SANITARY CODE 
87 
Provided, however, that a watering trough, pail, bucket or other container 
may be used in common to water horses when each such trough, pail, bucket or 
other container is cleaned and sterilized immediately after such such use thereof 
in a manner required by the department of health. 
And provided, further, that this section shall not be deemed to apply to water- 
ing troughs maintained in a stable where same are for the exclusive use of the 
horses owned by the individual, corporation or copartnership conducting such 
stable. (As adopted by the Board of Health, June 30, 1925). 
§Bl5. Throwing refuse into streets and vacant lots and interfering with sani- 
tation employees prohibited. 
(1) No person shall throw, cast or lay, or direct, suffer or permit any ser- 
vant, agent, employee, or other person under his control, to throw, cast or lay 
any ashes, offal, garbage, cinders, shells, straws, shavings, paper, dirt, filth, 
broken glassware, crockery, bottles or other rubbish of any kind whatsoever, or 
any fruit or vegetable or any part or portion thereof, in or upon any street 
or public place, vacant lot or plot, except where ashes or dirt may be used for 
filling such a lot or plot under a permit secured from the department or bureau 
having jurisdiction. 
(2) No dust from sidewalks shall be swept into the gutters of streets having 
permanent pavement, except in the morning before 8 o’clock. 
(3) No person shall prevent or interfere with any employee of the Depart- 
ment of Sanitation in the sweeping or cleaning of any street or in the removal 
of sweepings, ashes, garbage, rubbish, snow, ice, or other refuse material. 
(Former §315 repealed December 21, 1935; new §315 adopted February 8, 
1938). 
§316. Interference with .refuse placed for collection prohibited. 
No person, other than an authorized employee or agent of the Department of 
Sanitation, shall disturb or remove any ashes, garbage or light refuse or rubbish 
placed by householders, or their tenants, or by occupants or their servants, within 
the stoop or area line, or in front of houses or lots, for removal, unless requested 
by residents of such houses. (Former §316 repealed December 21, 1915; new 
§316 adopted February 8, 1938). 
§Bl7. Spalling or scattering of vehicle contents prohibited. 
No one, being the owner, or in charge or in control of any vehicle, or of any 
receptacle, shall scatter, drop or spill, or permit to be scattered, dropped or spilled 
therefrom any dirt, sand, gravel, clay, loam, stone or building rubbish, hay, straw, 
oats, sawdust, shavings or other light materials of any sort, or manufacturing, 
trade or household waste, refuse, rubbish of any sort, or ashes, manure, garbage 
or other organic refuse or other offensive matter, or permit the same to be blown 
therefrom, in or upon any street or public place. (Adopted February 8, 1938). 
§3lB. Handbills, cards and circulars. 
No person shall throw, cast or distribute, or cause or permit to be thrown, 
cast or distributed, any handbill, circular, card, booklet, placard or other adver- 
tising matter whatsoever, in or upon any street or public place, or in a front yard 
or court yard, or on any stoop, or in the vestibule or any hall of any building, or 
in a letterbox therein; provided that nothing herein contained shall be deemed 
to prohibit or otherwise regulate the delivery of any such matter by the United 
States postal service, or prohibit the distribution of sample copies of newspapers 
regularly sold by the copy or by annual subscription. This section is not intended 
to prevent the lawful distribution of anything other than commercial and busi- 
ness advertising matter. {Adopted February 8, 1938). 
ARTICLE 17 
Trades, Occupations and Businesses 
Section 321. Occupations and businesses, dangerous or detrimental to life or 
health, prohibited. 
322. Offensive or noisome trades and businesses regulated. 88 
SANITARY CODE 
323. Certain offensive or noisome trades, occupations, and businesses 
prohibited in the borough of Manhattan. 
324. Certain offensive or noisome businesses in the boroughs of Brook- 
lyn, The Bronx, Queens, and Richmond regulated. 
325. The slaughter of cattle, sheep, goats, pigs, calves, and poultry 
regulated. 
326. Business of slaughtering cattle, horses, sheep, swine, pigs, and 
calves restricted in the borough of Manhattan. 
327. Slaughtering of horses and sale of horse flesh for food regulated. 
328. Tanning, skinning, and scouring or dressing hides and leather 
regulated. 
329. Business of rendering and melting fat regulated. 
330. Business of manufacturing or preparing sausages and smoking or 
preserving meat or fish regulated. 
331. Business of breaking out eggs regulated; sale of “spots” and “spot 
eggs” prohibited; the term “spot” and “spot eggs” defined. 
332. Boiling varnish or oil; distilling alcoholic spirits; making lamp- 
black, turpentine, or tar; treating and refining ores, metals, or 
alloys of metals; regulated. 
333. Gas manufacture regulated and restricted; plans of building and 
location to be approved. 
334. Lodging houses regulated. 
335. Public barber shops, hair-dressing establishments, manicuring and 
beauty parlors regulated. 
336. Public laundries regulated. 
337. Duty of employers to provide means to prevent occupational dis- 
eases. 
338. Manufacturing, sorting and handling cigars, cigarettes and tobacco 
regulated. 
339. Removal of dust, gases, and other impurities from workrooms by 
suction devices. 
340. Bathing establishments regulated. 
341. Ocean bathing; regulations for protection. 
342. Horseshoeing establishments regulated. 
343. Use of common cigar cutters prohibited. 
344. Flexible gas tubing; term defined; registration required; sale and 
use regulated. 
§321. Occupations and businesses, dangerous or detrimental to life or health, 
prohibited. 
No occupation or business that is dangerous or detrimental to life or health 
shall be established or carried on in the city of New York. (S. C., §92). 
§322. Offensive or noisome trades and businesses regulated. 
No establishment or place for carrying on any offensive or noisome trade or 
business shall be opened, started, established, or maintained in the city of New 
York, without a permit therefor issued by the board of health or otherwise than 
in accordance with the terms of said permit and with the regulations of said 
board. (S. C., §88). 
§323. Certain offensive or noisome trades, occupations, and businesses pro- 
hibited in the borough of Manhattan. 
It shall not be lawful for any person, persons, or corporation, to carry on, 
establish, prosecute, or continue, within the borough of Manhattan, the occupation, 
or trade, or business, of bone boiling, bone burning, bone grinding, horse skinning, 
cow skinning, or skinning of dead animals, or the boiling of offal; and any such 
establishment existing within said borough shall be forthwith removed from said 
borough, and such occupation, trade, or business shall be forthwith abated and 
discontinued, provided that the provisions of this section shall not apply to the 
slaughtering or dressing of animals for sale in said borough. (S. C., §9O). 
§324. Certain offensive or noisome businesses in the boroughs of Brooklyn, 
The Bronx, Queens, and Richmond regulated. 
The business of bone crushing, bone boiling, bone grinding, bone or shell 
burning, lime making, horse skinning, cow skinning, glue making from any part 
of dead animals, gut cleaning, hide curing, fat rendering, boiling of fish, swill, or SANITARY CODE 
89 
offal, heating, drying, or storing of blood, scrap, fat, grease, or other offensive 
animal matter or of offensive vegetable matter, or manufacturing materials for 
manure or fertilizer, shall not be carried on in the boroughs of Brooklyn, The 
Bronx, Queens, or Richmond without a permit therefor issued by the board of 
health or otherwise than in accordance with the terms of said permit and with the 
regulations of said board. (S. C., §9l), 
§325. The slaughter of cattle, sheep, goats, pigs, calves, and poultry regu- 
lated. 
The slaughter of cattle, sheep, goats, pigs, calves, or poultry shall not be 
conducted in the city of New York, without a permit therefor issued by the board 
of health, or otherwise than in accordance with the terms of said pei’mit and with 
the regulations of said board. (S. C., §B3; amended March 20, 192 U). 
§326. Business of slaughtering cattle, horses, sheep, swine, pigs, and calves 
restricted in the borough of Manhattan. 
The business of slaughtering cattle, horses, sheep, or calves shall not be con- 
ducted in the borough of Manhattan except in that part of the said borough 
bounded by the west side of Eleventh avenue, the middle line of the block between 
West 38th and West 39th streets (west of Eleventh avenue), the North River, and 
the south side of West 41st street; and in that part of the said borough bounded 
by the east side of First avenue, the middle line of the block between East 42d 
street and East 43d street (east of First avenue), the East river and the south 
side of East 47th street. 
The business of slaughtering swine and pigs shall not be conducted in the 
borough of Manhattan except in that part of the said borough bounded by the 
west side of Eleventh avenue, the middle line of the block between West 38th and 
West 39th streets (west of Eleventh avenue), the North river, and the south side 
of West 41st street. (S. C., §B4; amended Dec. 21, 1915). 
§327. Slaughtering of horses and sale of horse flesh for food regulated. 
The business of slaughtering horses shall not be conducted in the city of New 
York, nor shall any horse flesh be brought into, or held, kept, or offered for sale 
in said city without a permit therefor issued by the board of health, or otherwise 
than in accordance with the terms of said permit and the regulations of said 
board. (S. C., §B6; amended Dec. 21, 1915). 
§328. Tanning, skinning, and scouring or dressing hides and leather regulated. 
No establishment or place of business for tanning, skinning, or scouring, or 
for dressing hides or leather shall be opened, started, established, or maintained 
in the city of New York, without a permit therefor issued by the board of health 
or otherwise than in accordance with the terms of said permit and with the 
regulations of said board. (S. C., §88). 
§329. Business of rendering and melting fat regulated. 
The business of rendering or melting fat shall not be carried on in the city of 
New York, without a permit therefor issued by the board of health or otherwise 
than in accordance with the terms of said permit and with the regulations of said 
board. (S. C., §95). 
§330. Business of manufacturing or preparing sausages and smoking or pre- 
serving meat o,r fish regulated. 
The business of manufacturing or preparing sausages or smoking or pre- 
serving meat or fish shall not be carried on, nor shall any place therefor be estab- 
lished in the city of New York without a permit therefor issued by the board of 
health or otherwise than in accordance with the terms of said permit and with 
the regulations of said board. (S. C., §49a). 
§331. Business of breaking out eggs regulated; sale of “spots” and “spot 
eggs” prohibited; the term “spot” and “spot eggs” defined. 
No person shall break out eggs for sale or conduct the business of break- 
ing out egg’s to be canned, frozen, dried, or used in any other manner, in the city 
of New York, and no eggs broken from the shell, whether canned, frozen, dried, or 
treated in any other manner, shall be received, held, sold, offered for sale, or de- 
livered in the said city, without a permit therefor issued by the board of health or 90 
SANITARY CODE 
otherwise than m accordance with the terms of said permit and with the regula- 
tions of said board. 
(a) No person shall receive, hold, keep, sell, offer for sale, or deliver, as or 
for food, or to be used in food, in the city of New York, any canned, frozen or 
dried eggs, or eggs broken from the shell, which are adulterated or to which has 
been added any poisonous ingredient or any ingredient which may render such 
eggs injurious to health, or to which has been added any antiseptic, preservative, 
or foreign substance not evident and not known to the purchaser or consumer, or 
which shall contain filthy, decomposed, or putrid animal matter. 
(b) No person shall keep, sell or offer for sale as food any “spots” or “spot 
eggs.” Such eggs in the possession of a dealer in food shall, prima facie, be 
deemed to be held, kept, and offered for sale, as such food. 
The term “spots” and “spot eggs,” when used herein, shall be taken to mean 
all eggs that are partially hatched, broken yolked, blood ringed, or veined, and all 
unsound eggs, including those affected by moulds or which are partly decomposed 
or that have become sour. (S. C., §4Ba). 
§332. Boiling varnish or oil; distilling alcoholic spirits; making lampblack, 
turpentine, or tar; treating and refining ores, metals, or alloys of 
metals; regulated. 
No person shall hereafter erect or establish in the city of New York any 
manufactory or place of business, for boiling any varnish or oil, for the distilling 
of any ardent or alcoholic spirits, for making any lampblack, turpentine, or tar, 
for the treating and refining of ores, metals, or alloys of metals, with acids or 
heat, or for conducting any other business that will or does generate any offensive 
or deleterious gas, vapor, deposit, or exhalation, without a permit therefor issued 
by the board of health or otherwise than in accordance with the terms of said 
permit and with the regulations of said board. (S. C., §94). 
§333. Gas manufature .regulated and restricted; plans of building and location 
to be approved. 
No person or corporation being a manufacturer of gas, or engaged in or 
about the manufacture thereof, shall throw or deposit or allow to run, or shall 
permit to be thrown or deposited, into any public waters, river, or stream, or into 
any sewer therewith connected, or into any street or other public place, any gas, 
tar, or any refuse matter of or from any gas-house works, manufactory, mains, 
or service pipes, or permit the escape of any offensive odors from their works, 
Inains, or pipes; nor shall any such person or corporation permit to escape from 
/my of their works, mains, or pipes, any gas dangerous or prejudicial to life or 
health, or manufacture illuminating gas of such ingredients and quality that in 
the process of burning it any substance which may escape therefrom shall be 
dangerous or prejudicial to life or health; nor shall any such person or corpora- 
tion fail to use the most approved and all reasonable means for preventing the 
escape of odors. 
No buildings shall be erected or converted into, or used as, a place for the 
manufacture of illuminating gas, until the plans of such buildings and the 
location thereof, shall have been duly approved in writing by the board of health. 
(S. C., §B9). 
§334. Lodging houses regulated. 
No lodging-house containing rooms in which there are more than 3 beds for 
the use of lodgers, or in which more than 6 persons are allowed to sleep, shall be 
conducted, maintained, or operated in the city of New York without a permit 
therefor issued by the board of health or otherwise than in accordance with the 
terms of the said permit and the regulations of the said board. (S. C., §2l). 
§335. Public barber shops, hair-dressing establishments, manicuring and 
beauty parlors regulated. 
No public barber shop, hair-dressing establishment, manicuring or beauty 
parlor shall be conducted or maintained in the City of New York without a permit 
therefor issued by the board of health or otherwise than in accordance with the 
terms of said permit and with the regulations of said board. 
The terms “public barber shop,” “public hair-dressing establishment,” “public 
manicuring parlor” and “public beauty parlor” as used in this section shall be 
taken to mean and include all such premises as are commonly known by the terms 
“barber shop,” “hair-dressing establishment.” “manicuring parlor” and “beauty SANITARY CODE. 
91 
parlor,” respectively, and shall include all premises or portion thereof wherein 
the business of shaving, clipping, cutting, trimming, singeing, shampooing, mas- 
saging, manicuring, dressing, adorning or beautifying the human hair, face, 
scalp or hands, is conducted for fee, charge, or hire, (S. C., §179; amended Jan. 
26, 1922). 
§336. Public laundries regulated. 
No public laundry shall be conducted otherwise than in accordance with the 
regulations of the board of health. The provisions of this section shall not apply 
to the home of a person performing laundry work thereat for a regular family 
trade. 
§337. Duty of employers to provide means to prevent occupational diseases. 
Every employer shall provide reasonably effective devices, means, and meth- 
ods to prevent the contraction by his employees of any illness or disease incident 
to the work or process in which such employees are engaged. 
§338. Manufacturing, sorting and handling cigars, cigarettes and tobacco 
regulated. 
No person engaged, in the city of New York, in manufacturing, sorting, or 
handling, cigai’s or cigarettes or in preparing, sorting, or handling, tobacco for 
any purpose, shall, at any time, touch with lips, teeth, or tongue any such cigar or 
cigarette or any such tobacco, intended to be sold or offered for sale; nor shall 
any person moisten with saliva, directly or indirectly, by spitting, or by use of 
the fingers, or utensils or accessories of any kind, any such cigar or cigarette or 
any such tobacco; nor shall any person spray or moisten any such cigar or 
cigarette or any such tobacco by means of water or any other liquid, emitted from 
the mouth; nor shall any part of any such cigar or cigarette be allowed to touch or 
be introduced into the nose of any person. 
A copy of this section shall be conspicuously posted in every place where 
such cigars or cigarettes are, or tobacco is manufactured, prepared, sorted, or 
handled. (Amended Dec. 21, 1915). 
§339. Removal of dust, gases, and other impurities from workrooms by suc- 
tion devices. 
Every factory and other place of business in any workroom of which, in the 
course of business, dust, gases, fumes, vapors, fibres, or other impurities are 
generated, released, or set in motion, in quantities tending to injure the health of 
the persons therein employed, shall be provided with suction devices that will 
remove such dust, gases, fumes, vapors, fibers, or other impurities from every 
such workroom, and such devices shall be installed as near as practicable to the 
place where such dust, gases, fumes, vapor, fibres, or other impurities are gen- 
erated, released, or set in motion. Such devices shall, also, be kept constantly 
working when their employment is necessary to meet the requirements of this 
section. 
Every factory and other place of business in any workroom of which, through 
the nature of the business carried on, excessive heat is created shall be provided 
with such means or appliances as will appreciably reduce such heat, and such 
means or appliances shall be constantly employed when such excessive heat is 
being created. 
§340. Bathing establishments regulated. 
Bathing suits shall not be hired out, nor shall any bathing establishment be 
maintained in the city of New York without a permit therefor issued by the board 
of health or otherwise than in accordance with the terms of said permit and the 
regulations of said board. For the purpose of this section, the expression “bath- 
ing establishment” shall be taken to mean and include every building, room, 
enclosure, place or premises wherein bathing is permitted for hire or wherein 
bathing suits are hired out or which, for hire, is used for the purpose of dressing 
or undressing in connection with the wearing, putting on or taking off of bathing 
suits, or wherein there is located a swimming pool or plunge conducted by a 
school, club or membership organization, or a swimming pool or plunge used in 
common by the tenants of a Multiple Dwelling. (S. C., §26; amended June 28, 
1916, June 28, 1917, and October 7, 1932). 92 
SANITARY CODE 
§341. Ocean bathing; regulations for protection. 
Every keeper or proprietor of a hotel or boarding house, and every other 
person having a bathing-house upon or near any beach or shore of the ocean 
for the accommodation of his guests or other persons, for pay, shall provide 
for the safety of such bathers 2 lines of sound, serviceable, and strong manila 
or hemp rope, not less than 1 inch in diameter, anchored at some point above 
high water, at the same distance apart as the width of the space occupied by 
him fronting on such beach; and from the two points at which such life lines 
are so anchored, such lines shall be made to extend as far into the surf as bathing 
therein is ordinarily safe and free from danger of drowning to persons not 
expert in swimming, and at such limit points of safety such lines shall be 
anchored and buoyed. From such limit points of such lines so extended, anchored, 
and buoyed, a third line shall be extended, connecting the two extremities of 
such lines, and buoyed at such points as to be principally above the surface of the 
water, thereby inclosing a space within such lines and the beach within which 
bathing is believed to be safe. Every such keeper, proprietor, or other such 
person shall cause to be painted and put up in some prominent place upon the 
beach, near such bathing-houses, the following words: “Bathing beyond the lines 
dangerous.” Such lines so placed, anchored, and buoyed, and such notice so put 
up, shall be so maintained by every such keeper, proprietor, or other person during 
the entire season of surf bathing. The owner of a bathing house shall not be 
subject to the provisions of this section where such bathing-house is used, occupied, 
or maintained by a lessee for hire, but, in such instances, the lessee shall be 
deemed the keeper or proprietor thereof. (S. C., §26), 
§342. Horseshoeing establishments regulated. 
No horseshoeing establishment shall be conducted or maintained in the City 
of New York otherwise than in accordance with the regulations of the Board of 
Health. (Adopted December 21, 1915 and amended April 11, 1939). 
§343. Use of common cigar cutters prohibited. 
No cigar cutter of any type designed for use in common shall be maintained 
in any public place or store in the city of New York. The term “for use in com- 
mon” as used herein shall be deemed to mean and include for the use of, or in- 
tended to be used by, more than one person. (Adopted February 20, 1922). 
§344. Flexible gas tubing; term defined; registration required; sale and use 
regulated. 
No person shall have, sell, offer for sale, give away, deal in or supply, any 
flexible gas tubing, unless such flexible gas tubing shall have been registered with 
the board of health and a certificate of registration has been issued by the board 
of health certifying that such flexible gas tubing has been examined and tested 
and found to comply with the regulations of the said board. The term “flexible 
gas tubing” shall be taken to mean and include any non-rigid hosing or piping 
and the end pieces thereof securely attached thereto and used or intended to be 
used to convey manufactured gas for domestic, manufacturing, or other purposes. 
It shall be the duty of every manufacturer of flexible gas tubing before offering 
same for sale in the city of New York to procure a certificate of registration of 
such flexible gas tubing from the board of health in accordance with the regula- 
tions of said board. 
Any flexible gas tubing found to be defective or imperfect or leaky, or unfit 
for use by reason of defects or imperfections therein, or if such flexible gas tubing 
shall not have been properly registered with the board of health, or if such 
flexible gas tubing be fraudulently marked or registered, or if it shall not conform 
in all respects with the regulations of the board of health governing such flexible 
gas tubing, may be seized by any inspector or other duly authorized representative 
of the board of health, condemned, destroyed or held for such action as the board 
of health may direct. (This section shall take effect August 1, 1926). (Adopted 
June 11, 1926), 
ARTICLE 18 
Vessels and Seamen 
Section 361. Duties of master, chief officers, and physicians. 
352. Vessels from infected ports, or liable to quarantine; not to be SANITARY CODE 
93 
brought within three hundred yards of docks or piers unless per- 
mitted. 
353. Vessels not in quarantine; duty of master, chief officers, and con- 
consignee to make daily reports. 
354. Removal of persons sick of infectious diseases prohibited. 
355. Removal of persons and articles exposed to infectious disease re- 
stricted; permit required. 
356. Straw, bedding, clothing, and other substances; not to be cast into 
public waters. 
357. Births, and deaths; duty of officers, surgeons and others to report. 
358. Discharge of cargo regulated. 
359. Skins, hides, rags, straw, bedding, and other articles and materials; 
removal and distribution regulated. 
360. Houseboats; the use thereof regulated. 
361. Boats and other water craft; loud and explosive noises prohibited. 
362. Duties of keepers, lessees, tenants, and owners of boarding-houses 
and lodging-houses. 
§351. Duties of masters, chief officers, ami physicians. 
Every master and chief officer of any vessel, and every physician of, or who 
has practiced on, any vessel, which shall arrive in the port of New York from 
any other port, shall at once report to the department of health any facts con- 
nected with any person or thing on said vessel, or that came thereon, which he has 
reason to think may endanger the public health of the city of New York; and he 
shall report the facts as to any person thereon being or having been sick of an 
infectious disease, and as to there being or having been thereon during the voyage 
or since the arrival of any such vessel any infected person or articles. (S. C., 
§151). 
§352. Vessels from infected ports, or liable to quarantine; not to be brought 
within three hundred yards of docks or piers unless permitted. 
No master, charterer, consignee, or other person shall order, bring, or allow 
(having power and authority to pevent) any vessel or person, or article there- 
from, from any infected port, or any vessel, or person or article therefrom, liable 
to quarantine, according to the ninth section of the three hundred and fifty-eighth 
chapter of the laws of 1863 (or under any other laws, and whether such quaran- 
tine has been made or suffered or not), to come or be brought to any point nearer 
than 300 yards from any dock, pier, or building, in the city of New York, without 
a permit therefor issued by the board of health, or otherwise than in accordance 
with the terms of said permit and with the regulations of said board. Nor shall 
any vessel, or person or thing therein or therefrom, having been in quarantine, 
come or be brought or be permitted to remain within the last-named distance of 
any last-named place, without a permit therefor issued by the board of health 
or otherwise than in accordance with the terms of said permit and with regula- 
tions of said board. (S. C., §155; amended Dec. 21, 1915). 
§353. Vessels not in quarantine; duty of master, chief officers, and consignee 
to make daily reports. 
The master, chief officer, and consignee, of every vessel not being in quaran- 
tine, or within quarantine limits, but being with one-fourth of a mile of any dock, 
wharf, pier, or building of the city of New York, shall daily report to the depart- 
ment of health, or cause to be reported thereto, in writing, the particulars, and 
shall therein state the name, disease, and condition, of any person in or on such 
vessel who is sick of any infectious disease. (S. C., §149). 
§354. Removal of persons sick of an infectious disease prohibited. 
No person shall bring into the city of New York from any infected place, or 
land at or take into the said city from any vessel lately from an infected port, or 
from any vessel or building in which has lately been any person sick of an in- 
fectious disease, any article or person whatsoever, nor shall any such latter 
person land or come into said city, without a permit therefor issued by the board 
of health or otherwise than in accordance with the terms and conditions of said 
permit; and it shall be no excuse that the person so offending, or the article in- 
volved in the offense, has passed through quarantine, or that a permit therefor 
has been obtained from any other source than the said board. (S. C., §156). 94 
SANITARY CODE 
§355. Removal of persons and articles exposed to infectious diseases re- 
stricted; permit required. 
No captain, officer, consignee, owner, or other person in charge of any vessel 
(or having right and authority to prevent) shall remove or aid in removing from 
any vessel to the shore (save as legally authorized by the United States Public 
Health Service for removal into quarantine grounds and buildings under its 
jurisdiction) any person sick of, or person that has been exposed to and is liable 
very soon to develop, any infectious disease, or so remove or aid in removing any 
articles that may have been exposed to the contagion of any such disease, without 
or otherwise than in accordance with the terms and conditions of a permit there- 
for issued by the Board of Health. (S. C., §154; amended April 15, 1936). 
§356. Straw, bedding, clothing, and other substances; not to be cast into 
public waters. 
No owner, part owner, charterer, agent, or consignee of any vessel, or any 
officer or person having charge or control of the same, shall cast or allow to b,e 
cast, therefrom, into any public waters of the city of New York, any straw, 
bedding, clothing, or other substance. (S. C., §157). 
§357. Births, and deaths; duty of officers, surgeons, and others to report. 
The master, chief officer, ship’s surgeon, or the company, corporation, 
charterer, or person having the management and control, of any vessel which shall 
arrive at the port of New York shall report, in writing, to the Department of 
Health of the City of New York, within three days after the arrival of such 
vessel, the death of any resident of said City, or the birth of any child, whose 
parents are residents or parent is a resident of said City, occurring thereon at sea, 
and shall file in the Bureau of Records of said Department a transcript of the 
entry made in the log book of such vessel, in respect to any such death, or birth. 
A transcript of any death, or birth filed as aforesaid may be issued, in the 
discretion of said Department, to any person entitled to receive the same. To 
take effect January 1, 1938. (S. C., §lsla; amended December IU, 1937). 
§358. Discharge of cargo regulated. 
No owner, agent, or consignee, of any vessel, or cargo, and no officer of any 
vessel (in respect of either of which vessel or cargo a permit, according to any 
law, ordinance, or regulation shall or should have been obtained to pass quaran- 
tine, or to come up to the water-front of the city of New York) shall unload, 
or land, or cause to be unladen or landed, such cargo, or any part thereof, at any 
place in said city, without or otherwise than in accordance with the terms and 
conditions of a permit therefor issued by the board of health. (S. C., §153). 
§359. Skins, hides, rags, straw, bedding, and other articles and materials; 
removal and distribution regulated. 
No master, charterer, owner, part owner, or consignee of any vessel, or any 
other person, shall bring nearer to any dock, pier, wharf, or building, than one 
thousand feet therefrom in the city of New York, or unload at any dock, pier, 
wharf, or building, therein, or have on storage in the built-up portions of said city, 
any skins, hides, rags, or similar articles or materials which have been brought 
from any foreign country or any infected place, or from any points south of Nor- 
folk, Virginia, without or otherwise than in accordance with the terms and condi- 
tions of a permit therefor issued by the board of health, and no person shall sell, 
exchange, remove, or in any way expose, any straw, bedding, or other articles 
used by immigrants upon any vessel bringing immigrants to this port, until it 
shall have been adequately and properly cleansed or disinfected; and all straw, 
bedding, or other articles that have been exposed on any vessel to the contagion 
or infection of any infectious disease, .or have been or are liable to communicate 
such disease, shall be destroyed by fire on said vessel. (S. C., §152). 
§360. Houseboats; the use thereof regulated. 
No houseboat, while used or occupied as such, shall be moored, anchored, or 
located in the waters of any inlet or bay within the territorial limits of the city of 
New York, except the upper or lower bay of New York harbor, without a permit 
therefor issued by the board of health or otherwise than in accordance with the 
terms of said permit and with the regulations of said board; and no person shall 
use or occupy for living purposes any such boat so moored, anchored, or located, 
unless a permit for such boat has been issued as hereinbefore provided, or then SANITARY CODE 
95 
otherwise than in accordance with the terms of said permit and the regulations 
of said board. (S. C., §ls7a). 
§361. Boats and other water craft; loud and explosive noises prohibited. 
All boats or other water craft plying on any of the waters of or adjacent to 
the city of New York, equipped with a gasoline or other internal combustion 
engine in which a gas is generated or used for purposes of propulsion, shall be 
constructed so that the exhaust from such engine is made to discharge into a 
muffler or other device which will prevent loud or explosive noises occurring on 
or about any such boat or craft; and no person having the management and con- 
trol of any such boat or craft, or operating the engine thereon, shall cause, permit, 
suffer, or allow the exhaust from such engine to discharge into the open air, or 
otherwise than into a muffler or other device which will prevent loud or explosive 
noises occurring on or about any such boat or craft. (S. C., §188). 
§362. Duties of keepers, lessees, tenants, and owners of boarding-houses and 
lodging-houses. 
The keepers, lessees, tenants, and owners of every boarding-house and lodg- 
ing-house shall forthwith notify the department of health of the fact of any 
seafaring man, or person coming lately from any vessel, being taken sick at such 
house, and shall, at the same time, inform the said department of the premises 
where such sick person may be found, and of the name of the vessel from which 
and the time when such person came, to the best of the knowledge of the person 
or persons giving such notice and information (S. C., §150), 
I, Goodhue Livingston, Jr., Secretary of the Board of Health of the Depart- 
ment of Health of the City of New York, do hereby certify that the foregoing is 
a true copy of the Sanitary Code of the City of New York as revised and amended 
by the Board of Health of the Department of Health of the City of New York 
and filed in the office of the City Clerk of the City of New York, to and including 
July 31, 1939. 
In Witness Whereof, I have hereunto set my hand and affixed the seal of the 
said Department of Health this 30th day of September, 1939. 
(Signed) GOODHUE LIVINGSTON, JR., 
Secretary. 
[Seal] 97 
APPENDIX 
(A) Chapter 22 of the New York City Charter, relating to the Department of 
Health. 
(B) Chapter 22 of the Administrative Code of the City of New York, relating 
to the Department of Health. 
(C) Article 17-b of the Public Health Law of the State of New York, relating 
to Certain Contagious (venereal) Diseases. 
(D) Section 18-d of the Public Health Law of the State of New York, relating 
to Serological Blood Tests for Syphilis of Pregnant Women. 
(E) Section 13 to 15 inclusive, of the Domestic Relations Law of the State of 
New York, relating to Serological Blood Tests for licensing and Solemn- 
ization of Marriage. 
(F) Article 12 of the Labor Law of the State of New York, relating to Bakeries 
and Confectioneries. 99 
APPENDIX (A) 
Chapter 22 of the 
NEW YORK CITY CHARTER 
Relating to the Department of Health 
CHAPTER 22 
Department of Health 
Department; commissioner. 
§551. a. There shall be a department of health the head of which shall be 
the commissioner of health who shall be appointed by the mayor. 
b. The commissioner 
(1) shall be a doctor of medicine or the holder of a degree in public health 
received from a college or university after at least two years of graduate study, 
and 
(2) shall have had at least eight years’ experience either in public health 
administration or in college or university public health teaching or in both. 
Deputies and secretary. 
§552. The commissioner may appoint two deputies and a secretary of the 
department. 
Board of health. 
§553. a. There shall be in the department a board of health to consist 
of the commissioner who shall be chairman and four members, at least two of 
whom shall be doctors of medicine who shall each have had not less than ten 
years’ experience in any or all of the following: clinical medicine, public health 
administration or college or university public health teaching. 
b. The four members other than the chairman shall serve without com- 
pensation and shall be appointed by the mayor. Of those first appointed, one 
shall be appointed for two years, one for four years, one for six years and one 
for eight years. The terms of such members shall begin to run from the first 
day of January, nineteen hundred thirty-eight. All subsequent appointments 
shall be for eight years, except that in case of a vacancy the mayor shall appoint 
a member to serve for the unexpired term. 
c. The secretary of the department shall act as secretary of the board of 
health, and in his absence the board may designate a secretary pro tempore. 
The commissioner shall designate such stenographers and other employees of the 
department as may be necessary to the service of the board of health. 
Removal of members of board. 
§554. A member of the board of health other than the chairman may be 
removed by the mayor on proof of official misconduct or of negligence in official 
duties or of conduct in any manner connected with his official duties which tends 
to discredit his office, or of mental or physical inability to perform his duties; 
but before removal he shall receive a copy of the charges and shall be entitled 
to a hearing before the mayor and to the assistance of counsel at such hearing. 
Powers and duties of commissioner. 
§555. The commissioner shall have all the powers and duties of the depart- 
ment except those vested by law in the board of health. 
Authority, duties and powers of the department. 
§556. a. The department shall have jurisdiction to regulate all matters 
affecting health in the city. 
b. The authority, duties and powers of the department shall extend over 
the city, and over the waters adjacent thereto, within the jurisdiction of the city 
and within the quarantine limits as established by law. 
c. Unless otherwise provided by law, it shall be the duty of the department 
to enforce all provisions of law applicable in the area under its jurisdiction for 
the preservation of human life, for the care, promotion and protection of health 100 
APPENDIX (A) 
and relative to the necessary sanitary supervision of the purity and wholesome- 
ness of the water supply and the sources thereof. 
Offices of the department. 
§557. The department shall maintain a main office and shall maintain, 
furnish and operate offices, health centres and health stations in each borough. 
The commissioner shall designate an office in each borough in which shall be kept 
the records of births, stillbirths and deaths in such borough. The health centres 
may contain facilities for health education and for such other health purposes 
as in the opinion of the board of health may be necessary to carry out the powers 
and duties of the department. 
Sanitary code. 
§558. a. The sanitary code which is in force in the city on the date at 
which this charter takes effect and all existing provisions of law fixing penalties 
for violations of the code and all regulations of the board of health on file with 
the city clerk on the date when this charter takes effect shall continue to be 
binding and in force except as amended or repealed from time to time. Such 
code shall have the force and effect of law. 
b. The board of health is hereby authorized and empowered from time to 
time to add to and to alter, amend or repeal any part of the sanitary code, and 
may therein publish additional provisions for the security of life and health in 
the city and confer additional powers on the department not inconsistent with the 
constitution or laws of this state or with this charter, and may provide for the 
enforcement of the sanitary code or any orders made by the commissioner or the 
board of health, by such fines, penalties, forfeitures and imprisonment as may 
be prescribed therein or otherwise by law. 
c. The board of health may embrace in the sanitary code all matters and 
subjects to which the power and authority of the department extends, not limiting 
their application to the subject of health only. 
d. Any violation of the sanitary code shall be treated and punished as a 
misdemeanor. Pecuniary penalties for violations of the sanitary code may be 
recovered in a civil action before any justice or tribunal in the city having 
jurisdiction of civil actions. 
e. No amendment or addition to the sanitary code or repeal of any pro- 
vision thereof adopted by the board of health subsequent to the date of going 
into effect of this charter shall become valid and effectual until a copy of such 
amendment, addition or repeal duly certified by the secretary of the board be 
filed with the city clerk. Upon such filing the amendment or addition shall be 
part of the sanitary code and shall be published forthwith in the City Record 
by the city clerk. 
T. The board of health may add, amend and repeal regulations in regard 
to any matter contained in the sanitary code, and such regulations when filed 
with the city clerk shall have the same force and effect as a provision of the 
sanitary code and shall be published forthwith in the Citv Record. 
g. No action shall abate, or right of action already accrued be abolished, 
by reason of the expiration, repeal or amendment of any provision of the sanitary 
code or regulations in regard thereto. 
Seal. 
§559. The board of health may adopt a seal which shall be used for the 
authentication of the orders and proceedings of the department, in commission- 
ing its officers and agents and otherwise as may be provided by rule or in the 
sanitary code. 
Communicable disease hospitals. 
§560. a. Upon the resolution of the board of health addressed to the mayor 
and to the commissioner of hospitals, and with the written consent of the mayor, 
any hospital operated by the department of hospitals shall be designated as a 
hospital for the care and treatment of communicable disease, and the department 
of health may authorize or direct the removal to any such hospital of any person 
suffering from such disease or any carrier of a communicable disease, if deemed 
by it necessary for the protection of the public health. 
b. The board of health, if in its judgment necessary, may, during the 
prevalence of an epidemic, take possession of any building or buildings in the 
city for temporary hospitals, and shall pay a just compensation for private APPENDIX (A) 
101 
property so taken. Such temporary hospitals shall be under the control of the 
department of health unless the board of estimate shall with the consent of the 
mayor direct that they be placed under the control of the department of hospitals. 
Permits. 
§561. The board of health may in its discretion grant, suspend or revoke 
permits for businesses or other matters in respect to any subject regulated by 
the department. Whenever the board of health in the sanitary code authorizes 
the issuance, suspension or revocation of a permit by the commissioner, his 
action shall be subject to review by the board of health upon an appeal by the 
party aggrieved under such rules as it may provide. Such rules may provide 
in what cases an appeal may stay the action of the commissioner until final 
determination by the board of health; but notwithstanding any such rule the 
board of health shall have power to grant or refuse a stay in any particular case. 
Failure to observe order; penalty. 
§562. Except in cases where it is otherwise provided by law, every viola- 
tion, neglect or refusal by any person to comply with any order of the commis- 
sioner or board of health shall be triable by a city magistrate and punishable by 
not more than thirty days’ imprisonment, or by a fine of not more than fifty 
dollars, or both. 
Declaration of Imminent peril. 
§563. In the presence of great and imminent peril to the public health, it 
shall be the duty of the board of health, having first taken and filed among its 
records what it shall regard as sufficient proof to authorize its declaration of 
such peril, and having duly entered the same in its records, to take such measures, 
and to order the department to do such acts and make such expenditures beyond 
those duly estimated for or provided for the preservation of the public health, 
including the power to take possession of and occupy as a hospital any building 
or buildings in the city, as it may in good faith declare the public safety and 
health to demand, and the mayor shall in writing approve. But the exercise of 
this extraordinary power shall also, so far as it involves such excessive expendi- 
tures, require the written consent of at least three members of the board of health 
and the approval as aforesaid of the mayor. And such peril shall not be deemed 
to exist except when and for such period of time as the board of health and mayor 
shall declare. 
Suits and service of papers. 
§564. The department may sue and be sued in and by the proper name of 
“The Department of Health of the City of New York,” and service of all process 
in suits and proceedings against or affecting said department, and other papers, 
may be made upon the commissioner or upon the secretary, and not otherwise; 
except that, according to usual practice in other suits, papers in suits to which 
the department is a party may be served on the corporation counsel or such assist- 
ant as may be assigned by him to the department. 
No personal liability. 
§565. No member, officer or agent of the department and no person other 
than the department or the city itself shall be sued or held to liability for any 
act done or omitted in good faith and with ordinary discretion, on behalf of or 
under the department, or pursuant to its regulations, ordinances, local laws or 
health laws. And any person whose property may have been unjustly or 
illegally destroyed or injured, pursuant to any order, regulation or action of the 
department or its officers, for which no personal liability may exist, as aforesaid, 
may maintain a proper action against the city for the recovery of the proper 
compensation or damage. Every such suit must be brought within six months 
after the cause of action arose, and the recovery shall be limited to the damages 
suffered. 
Right of entry of officers of department. 
§566. The commissioner and his deputies and such officers or employees 
of the department as are authorized by the commissioner may without fee or 
hindrance enter, examine and inspect all vessels, premises, grounds, structures, 
buildings and every part thereof and all underground passages of every sort in 
the city for compliance with the provisions of law enforced by the department 102 
APPENDIX (A) 
and its rules and regulations, and may make plans, drawings and descriptions 
thereof, according to the regulations of the department. The owner or his agent 
or representative and the lessee or occupant of any such premises, grounds, 
structures, buildings and every part thereof and all underground passages of 
every sort in the city and every person having the care and management thereof, 
shall at all times, when required by any such officers or employees, give them 
free access thereto, and refusal so to do shall be triable by a city magistrate 
and punishable by not more than thirty days’ imprisonment, or by a fine of not 
more than fifty dollars, or both. 
Record of births, stillbirths and deaths. 
§567. The board of health shall prescribe the persons who shall be required 
to keep a registry of births, stillbirths and deaths occurring in the city and file 
certificates thereof with the department and the form and manner in which such 
registry shall be kept and certificates filed. 
The board of health shall make rules for the recording of births which 
have not been recorded in accordance with law and for the change or alteration 
of any birth, stillbirth or death certificate upon proof satisfactory to the 
commissioner. 
Acceptance of private funds. 
§568. No grant, gift, devise or bequest made to the city or to the department 
for work to be done within the jurisdiction of the department shall be accepted, 
and no work or research paid for from private sources shall be carried on under 
the jurisdiction of the department except with the approval of the commissioner 
and of the board of health. 103 
APPENDIX (B) 
Chapter 23 of the 
ADMINISTRATIVE CODE OF THE CITY OF NEW YORK 
Relating to the Department of Health 
CHAPTER 22 
Department of Health 
Title A 
§552-1.0 Secretary.-—The secretary, subject to the direction of the com- 
missioner, shall keep and authenticate the acts, records, papers and proceedings 
of the department, preserve its books and papers, conduct its correspondence, 
and aid generally in accomplishing the purposes of the department. 
§5 52-2.0 Certification by chief clerk.—Papers certified by the chief clerk 
of the department or by an assistant chief clerk shall be of the same elfect as 
evidence and otherwise, as if certified by the secretary. 
§556-1.0 Proofs ami affidavits.— Proofs, affidavits and examinations as 
to any matter under the jurisdiction of the department may be taken by or before 
the board or other person as the commissioner or board shall authorize. The 
commissioner, the secretary and any member of the department, shall, severally 
have authority to administer oaths in such matters. 
§55 6-2.0 Measures to prevent the spread of disease.—a. It shall be the 
duty of the department: 
1. To cause any avenue, street, alley or other passage whatever, to be 
fenced up or otherwise inclosed if it shall deem the public safety requires 
it, and to adopt suitable measures for preventing all persons from going to 
any part of the city so inclosed; 
2. To forbid all communication with the house or family infected with 
any communicable disease except by means of physicians, nurses or messen- 
gers to carry the necessary advice, medicines and provisions to the afflicted; 
3. To adopt such means for preventing all communication between any 
part of the city infected with a disease of communicable character and all 
other parts of the city, as shall be prompt and effectual. 
b. Failure to comply with the provisions of this section shall constitute a 
misdemeanor, punishable by a fine of not exceeding two hundred fifty dollars, or 
imprisonment not exceeding six months, or both. 
§556-3.0 Inspection of sick; reports.— Any officer or employee of the 
department may visit any person who shall be reported to the department as being 
apparently or presumably sick of any communicable disease and report his 
opinion of such sickness to it in writing. 
§55 6-4.0 Inspection of vessels; removal; violation of orders, punish- 
ments for.—a. An officer or employee of the department shall visit and inspect 
all vessels coming to the wharves, landing places, or shores of the city, or within 
three hundred yards thereof, which are -suspected of having on board any 
communicable disease, or of being likely to communicate such disease to the 
inhabitants of the city. He shall report in writing, stating the vessel so inspected 
and the nature, state, and situation thereof, and his opinion as to the probability 
of disease being communicated by or from the same, and shall file such report 
in the main office of the department. 
b. If the department deem it probable that any such disease may be brought 
into the city or communicated to the inhabitants thereof, it may by order direct 
any vessel lying at a place within three hundred yards of any wharf, landing 
place or shore of the city to be removed at least three hundred yards therefrom 
within six hours after a copy of such order, certified by the secretary of the 104 
APPENDIX (B) 
department, shall be delivered to the person or persons having command of such 
vessel, or to the master, owner or consignee thereof. Every person to whom such 
copy of such order shall be delivered shall forthwith comply with the same. 
c. Failure to comply with the provisions of this section shall constitute 
a misdemeanor, punishable by a fine of not exceeding two hundred fifty dollars, 
or imprisonment not exceeding six months, or both. 
§55 6-5.0 Infected places outside the city; proclamation.—a. The board 
of health may issue a proclamation declaring any place where there shall be 
reason to believe a communicable disease actually exists, to be an infected place 
within the meaning of the health laws of this state. Such proclamation shall 
fix the time when it shall cease to have effect but such period, from time to time, 
may be extended by the board if it shall judge the public health to require such 
extension. Notice of an extension shall be published in one or more newspapers 
of the city. 
b. After such proclamation shall have been issued, all vessels arriving in 
the port of New York from such infected place shall be subject to a quarantine 
of at least thirty days or until the termination of the proclamation period, and 
together with their officers, crews, passengers and cargoes, shall be subject 
to all the provisions, regulations and penalties in relation to vessels subject to 
quarantine. 
c. The board may prohibit or regulate the internal intercourse by land or 
water between the city and the infected place; and may direct that all persons 
who come into the city contrary to its prohibition or regulations shall be appre- 
hended and conveyed to the vessel or places from where they last came, or if 
sick, to such place as the board shall direct. 
d. Failure to comply with the provisions of this section shall constitute a 
misdemeanor, punishable by a fine of not exceeding two hundred fifty dollars, or 
imprisonment not exceeding six months, or both. 
§55 6-6.0 Vaccinations.— a. The department is empowered to collect and 
preserve pure vaccine lymph or virus, produce diphtheria antitoxin and other 
vaccines and antitoxins, and add necessary additional provisions to the sanitary 
code in order to most effectually prevent the spread of communicable diseases. 
b. The department may take measures, and supply agents and offer induce- 
ments and facilities for general and gratuitous vaccination, disinfection, and for 
the use of diphtheria antitoxin and other vaccines and antitoxins. 
§55 6-7.0 Sale and exchange of lymph and antitoxin.— a. The depart- 
ment may authorize the sale at reasonable rates to be fixed by it, of surplus 
vaccine lymph, virus, diphtheria antitoxin and other vaccines and antitoxins, when 
the amount collected shall exceed the amount required by it in the proper per- 
formance of its duties. The avails of such sales shall be accounted for and 
paid to the city treasurer, and shall be set apart and constitute distinct funds, 
to be known respectively as “the fund for gratuitous vaccination”, and the “anti- 
toxin fund”. Such funds shall be subject to the requisition of the department for 
the purposes of the preceding section. 
b. The bureau of laboratories of the department may also exchange, upon 
authority and approval of the commissioner, and upon the written approval of the 
mayor, a portion of its laboratory products for other and different laboratory 
products, manufactured by the laboratories of the United States government and 
of other cities and laboratories, which the department may need for the pre- 
vention of the spread of disease. 
§5 56-8.0 Appropriation for prevention of communicable diseases.—The 
board of estimate shall appropriate to the use of the department, for the pre- 
vention of dangers from communicable diseases found to exist in any part of the 
city, or for the care of persons exposed to danger from communicable diseases, 
moneys which shall be raised pursuant to subdivision five of section one hundred 
seventeen of the charter. 
§556-9.0 Publication of reports and statistics.— The department, to pro- 
mote the public good and public service, may establish reasonable regulations as 
to the publicity of any of its papers, files, reports, records and proceedings; 
and may publish such information as, in its opinion, may be useful, concerning 
births, deaths, marriages, sickness and the general sanitary conditions of the 
city, or any matter, place or thing therein. APPENDIX (B) 
105 
§556-10.0 Repairs of buildings; removal of obstructions; regulation of 
public markets.— a. The powers of the department shall include the ordering 
and enforcing in the same manner as other ordei’s are provided to be enforced, 
the repairs of buildings, houses and other structures; the regulation and control 
of all public markets in relation to the cleanliness, ventilation and drainage 
thereof and the prevention of sale or offering for sale of improper articles; the 
removal of any obstruction, matter or thing in or upon the public streets, side- 
walks or places, which, in the opinion of the department, may lead to condi- 
tions dangerous to life or health; the prevention of accidents by which life or 
health may be endangered; and generally the abatement of all nuisances. 
b. The department shall possess full power with reference to the ventilation, 
drainage and cleanliness, of the stands or stalls in or around all markets. 
§556-11.0 Nuisances; abatement without suit.— The department shall 
have within the city all common law rights to abate any nuisance without suit, 
which can or does in this state belong to any person. 
§55 6-12.0 Right of inspection.— It is hereby made the duty of all depart- 
ments, officers, and agents, having the control, charge or custody of any public 
structure, work, ground, or erection, or of any plan, description, outline, drawing 
or charts thereof, or relating thereto, made, kept or controlled under any public 
authority, to permit and facilitate the examination and inspection, and the 
making of copies of the same by any officer or person, authorized to do so by the 
department of health. 
§556-13.0 Medical examiners’ returns.— The department, from time to 
time may make rules and regulations fixing the time of rendering, and defining 
the form of returns and reports to be made to it by the chief medical examiner, 
in all cases of death which shall be investigated by him. The chief medical 
examiner shall conform to such rules and regulations. 
§556-14.0 Removal of bodies.—a It shall be the duty of the department 
upon receiving a certificate of death, made in accordance with its rules, to grant 
a permit for the removal from the city, of the body of the person described in such 
certificate if such body has not been buried. 
b. It may grant a permit for the removal of the remains of any person 
interred within the city to a place without the city, on the application of a relative 
or friend of such person, when there shall appear to be no just objection to the 
same. 
§556-15.0 Putrid cargoes, et cetera, may be destroyed.— The department, 
when it shall judge it necessary, may cause any cargo or part thereof, or any 
matter or thing, within the city, that may be putrid or otherwise dangerous to 
the public health, to be destroyed or removed. Such removal, when ordered, 
shall be to such place as the department shall direct; such removal or destruction 
shall be made at the expense of the owner or owners of the property so removed 
or destroyed. Money expended for the same may be recovered from such owner 
or owners, in an action at law, by the department. 
§556-16.0 Drainage; orders therefor; maps.— a. Whenever in its opin- 
ion the protection of the public health requires the drainage of any lands in the 
city, by means other than sewers, the department may make an order describing 
the location of such lands, and directing the proper drainage thereof, and con- 
struction of drains therefor, by the president of the borough wherein such 
drainage is required. 
b. The department after making such order, shall cause a map to be made 
on which shall be shown the location of such proposed drains and the lands 
required for the construction thereof. 
c. The order shall be entered at length in the records of the department 
and a copy thereof shall be delivered to such borough president. 
d. The map shall be filed in the department. A copy thereof shall be filed in 
the office of the register or county clerk of the county in which the lands are 
situated; another copy with the copy of the order shall be filed with such borough 
president, who shall immediately thereafter have the power, and is hereby 
directed to make and adopt proper and suitable plans for the construction of 
such drains. 
§556-17.0 Orders for paving, et cetera, yards and cellars; notice.—An 106 
APPENDIX (B) 
order for the paving, filling, concreting, draining or regulating of any yards 
or cellars within the city shall be made by the department only upon reasonable 
notice to the owner or agent thereof. 
§559-1.0 Judicial notice of seal and presumptions.—All courts shall take 
judicial notice of the seal of the department and of the signature of its secretary, 
chief clerk and assistant chief clerks. 
§560-1.0 Aliens.—The commissioner may send to such place as he may 
direct, all aliens and other persons in the city, not residents thereof, who shall 
be sick of any communicable disease. The expense of the support of such aliens 
or other persons shall be defrayed by the city, unless such aliens or other persons 
shall be entitled to support from the commissioner of immigration and naturaliza- 
tion of the United States. 
§561-1.0 Plumbers; commissioner to license.— The commissioner shall 
have cognizance and control of the granting, issuing, transferring, renewing, re- 
voking, suspending and canceling of all licenses to engage in the trade, business 
or calling of duly registered and licensed master plumber. It shall * unlawful 
for any person to engage in such trade, business or calling within the city 
without a license therefor. 
§561-2.0 Plumbers’ licenses; issuance, suspension, revocation.—The 
commissioner shall issue plumbers’ licenses only to those persons who are certified 
as successful candidates by the municipal civil service commission. He shall 
issue licenses to all successful candidates, unless the license of any such candidate 
has been previously revoked or suspended. The commissioner may at any time 
revoke, suspend or cancel a plumber’s license for cause, after notice and hearing 
to the licensee. 
§564-1.0 The department as party.— The department may institute and 
maintain all suits and proceedings which are reasonable, necessary and proper, 
to carry out the provisions of the laws under which it acts. 
§5 64-2.0 Proceedings presumed legal; presumptions.— a. The actions, 
proceedings, authority, and orders of the department shall at all times be re- 
garded as in their nature judicial, and be treated as prima facie just and legal. 
b. In any action or proceeding the right of such department or police de- 
partment to make any order or cause the execution thereof, shall be presumed. 
c. All meetings of the board shall in every action and proceeding be taken 
to have been duly called and regularly held, and all orders and proceedings to 
have been duly authorized, unless the contrary be proved. 
§564-3.0 Copies of records; authentication.— Copies of the records of the 
proceedings of the department or board, of the rules, regulations, by-laws and 
books and papers, constituting part of their archives and at any time in force 
in the city, when authenticated by the secretary or secretary pro tempore of the 
depai-tment, shall be presumptive evidence of the facts, statements and recitals 
therein contained, and the authentication taken as presumptively correct, in any 
court of justice or judicial proceeding, when they may be relevant to the point 
or matter in controversy. 
§564-4.0 Order for examination before justice of supreme court.— 
a. Any justice of the supreme court of the first or second department, or who is 
holding court or chambers therein, upon the written application of the com- 
missioner, may issue his order by him subscribed, for the examination without 
unreasonable delay by or before such justice of any person or persons, and the 
production of books or papers or the inspection and taking of copies of the whole 
or parts thereof, at a time and place within the city, and in such order to be 
named, provided it shall appear to the satisfaction of such justice or court that 
any matter or point affecting life or health is involved. It shall be the duty of 
such justice to take cr superintend such examination, which shall be under oath, 
and shall be signed by the party or parties examined and be certified by the 
justice, and with any copies of books or papers, to be delivered to the department 
for the use of the department. 
b. Such examination, and any proceeding connected therewith, or under 
So in original [word “be” evidently omitted]. APPENDIX (B) 
107 
such order, may wholly or in part be had, conducted or continued by or before 
any other of such justices, as well as that one who made the order; and in and 
about the same, every such justice shall have as full power and authority to 
punish for contempt, and enforce obedience to such or other order or direction 
or that of any other judge respecting the matter as any such justice of the 
supreme court may now have, or shall possess, to enforce obedience or punish 
contempt in any case or matter whatsoever. Such application shall name or 
describe the person or persons whose examination is sought, and so far as 
possible the books or papers desired to be inspected, and the matter or points 
affecting life or health as to which the commissioner requests the examination 
to take place, and the justice shall on the proceedings, decide what questions are 
pertinent and allowable in respect thereto, and shall require the same to be 
properly answered; but no answer of any person so examined shall be used in 
any criminal proceeding. Service of any order of any such justice may be 
made, and the same proved in the same manner as the service of either an 
injunction or a subpoena. And it shall be the duty of the justice to facilitate 
the early determination of the proceedings. 
§564-5.0 Appearance and examination of witnesses.— Upon the applica- 
tion of any party in interest in any matter pending examination before the de- 
partment, by affidavit, stating the grounds of such application, to any judge 
of a court of record, and asking that any person or persons therein named shall 
appear before the department, or any person taking or about to take such 
examination, at some time or times and place to be stated in the affidavit, it 
shall be the duty of such judge, if he shall discover reasonable cause so to do, 
to issue his order requiring such person or persons named to appear and submit 
to such examination as, and to the extent such order may state, at the time and 
place to be in the order named; and the order, signed by such judge, may 
be served, and shall in all respects be obeyed as a subpoena duly issued. A 
refusal to submit to the proper examination may be punished by such judge or 
by any judge of such court as a contempt of court, upon the facts as to such 
refusal being brought before any such judge by affidavit. 
§564-6.0 Penalties.— a. Every person, corporation, or body that may have 
wilfully done or omited any act or thing which is by any law declared to be, 
or to subject the party guilty thereof to punishment for, a misdemeanor, shall 
in addition thereto, be subject to a penalty of two hundred fifty dollars, to be 
sued for and recovered by the department in any civil tribunal in the city. 
b. Every person, corporation, or body, that shall violate or not conform to 
any provisions of the sanitary code, or any rule or sanitary regulation duly 
made, shall be liable to pay a penalty not exceeding fifty dollars nor less than 
twenty dollars for each offense, which may be sued for and recovered by and in 
the name of the department, with costs, before any justice or tribunal in the 
city having jurisdiction of similar actions. The judge or justice who presided 
at a trial where such penalty is claimed, on such trial, in writing, shall fix 
the amount of the penalty to be recovered, and shall direct such amount to be, 
and it shall be included in the judgment. 
§564-7.0 Joinder of defendants.— Any suit instituted by the department 
for the recovery of a penalty may be against one or more of those who participate 
in the acts, refusals or omissions complained of, and the recovery may be 
against one or more of those joined in the action as the justice of the court shall 
direct. 
§564-8.0 Court fees not to be charged.— The department shall not be sub- 
ject to the payment of any fees to any court, magistrate or clerk for the issu- 
ance of any paper or process or for the performance of any duty in suits brought 
for the recovery of a penalty. 
§5 64-9.0 Costs.— a. If the department, in an action for a penalty, recover 
judgment in any amount, costs of the court in which the action is brought shall 
also be recovered without reference to the amount of the recovery, provided pay- 
ment was demanded before suit brought, and the defendant or defendants against 
whom recovery is had, did not, as article twenty-one of the civil practice act 
authorizes, offer to pay an amount equal to the recovery against him or them, 
except that where the recovery shall be less than fifty dollars, the amount of 
costs shall be ten dollars. 108 
APPENDIX (B) 
b. The department shall not be subject to the payment of costs unless the 
judge or justice, at the conclusion of the trial, shall certify in writing that there 
was not reasonable cause for bringing the action. In such case the costs shall 
not exceed ten dollars, unless the amount claimed exceed fifty dollars. 
§564-10.0 Jurisdiction; title to real estate.— If the defendant is sought 
by the pleadings to be charged in an action for the recovery of a penalty on any 
grounds other than by virtue of ownership of real estate, no court shall lose 
jurisdiction by reason of the plea that title to such real estate is involved. 
§564-11.0 Officers to be peace officers.— Every officer and inspector of 
the department is hereby declared to be a peace officer and constituted teuch 
within the provisions of section one hundred fifty-four of the code of criminal 
procedure, and is hereby authorized and empowered, subject to the regulations 
of the department, to proceed under the provisions of subdivision h of section 
one hundred sixteen of the inferior criminal courts act of the city of New York 
in the same manner and with like force and effect as a police officer in respect 
to procuring, countersigning and serving the summons referred to therein. 
§564-12.0 Injunctions against department; undertakings.— a. A prelim- 
inary injunction shall be granted against the department or its officers, only 
by the supreme court at a special term thereof after service of at least five days 
notice of a motion for such injunction, together with copies of the papers on 
which the motion for such injunction is to be made. 
b. Whenever the department shall seek any provisional remedy or prose- 
cute any appeal, it shall be unnecessary to give any undertaking before obtaining 
or prosecuting the same. 
§564-13.0 Officers and magistrates to act promptly.— It shall be the duty 
of all prosecuting officers of criminal courts, and city magistrates to act promptly 
upon all complaints, and in all suits or proceedings for a violation of any health 
law, and in all proceedings approved or promoted by the department, and to 
bring the same to a speedy hearing and termination and to render judgment and 
direct execution therein without delay. 
§564-14.0 Service of orders.— a. Service of any order of the department 
or board shall be deemed sufficient if made: 
1. Upon a principal person interested in the business, property, matter 
or thing, or the nuisance or abuse to which such order relates; or 
2. Upon a principal officer charged with a duty in relation thereto; or 
3. Upon a person, officer or department, or an officer or employee of 
such a department, who may be most interested in or affected by its execu- 
tion. 
b. If such order relate to any building or the drainage, sewerage, clean- 
ing, purification or ventilation thereof, or of any lot or ground on or in which 
such building stands, used for or intended to be rented as the residence or 
lodging place of several persons or as a multiple dwelling, service of such order 
on the agent of any person or persons for the renting or for the collecting of 
rent thereof, or of the parts thereof to which such order may relate, shall be of 
the same effect and validity as due service made upon the principal of such agent 
or upon the owners, lessees, tenants or occupants of such buildings, or parts 
thereof, or of the subject matter to which such order relates. 
§564-15.0 Definition of nuisance.— The word “nuisance”, shall be held to 
embrace public nuisance, as known as common law or in equity jurisprudence; 
whatever is dangerous to human life or detrimental to health; whatever building 
or erection, or part or cellar thereof, is overcrowded with occupants, or is not 
provided with adequate ingress and egress to and from the same or the apart- 
ments thereof, or is not sufficiently supported, ventilated, sewered, drained, 
cleaned or lighted in reference to its intended or actual use; and whatever renders 
the air or human food or drink, unwholesome. All such nuisances are hereby 
declared illegal. 
§564-16.0 Nuisances; punishment.— A wilful omission or refusal of any 
individual, corporation or body to forthwith abate any nuisance, as ordered by 
the department or board, such order having been duly served upon them, shall 
be a misdemeanor. APPENDIX (B) 
109 
§564-17.0 Nuisances; who is liable.— It is hereby declared to be the duty, 
of which there shall be a joint and several liability, of every owner, part owner, 
person interested, and every lessee, tenant, and occupant, of or in, any place, 
water, ground, room, stall, apartment, building, erection, vessel, vehicle, matter 
and thing in the city, and of every person conducting or interested in business 
therein or thereat, and of every person who has undertaken to clean any place, 
ground or street therein, and of every person, public officer and board having 
charge of any ground, place, building or erection therein, to keep, place and 
preserve the same and every part, and the sewerage, drainage and ventilation 
thereof in such condition, and to conduct the same in such manner that it shall 
not be dangerous or prejudicial to life or health, subject to the sanitary code and 
orders of the department. 
§564-18.0 Dangerous buildings, places and things; declaration as 
nuisance.—Whenever any building, erection, excavation, premises, business pur- 
suit, matter or thing, or the sewerage, drainage or ventilation thereof, in the 
city, in the opinion of the board, whether as a whole or in any particular, shall 
be in a condition or in effect dangerous to life or health, the board may take 
and file among its records what it shall regard as sufficient proof to authorize 
its declaration that the same, to the extent it may specify, is a public nuisance, 
or dangerous to life or health; and may thereupon enter the same in its records 
as a nuisance, and order the same to be removed, abated, suspended, altered, or 
otherwise improved or purified, as such order shall specify. 
§564-19.0 Stay of execution; modification.— If any party, within three 
days after service or attempted service of such order upon him and before its 
execution is commenced, shall apply to the board, or the chairman thereof, to 
have such order or its execution stayed or modified, it shall then he the duty 
of the board to temporarily suspend or modify it at the execution thereof, save 
in cases of imminent peril to the public health, when the board may exercise 
extraordinary powers, as specified in section five hundred sixty-three of the 
charter and to give such party or parties together, as the case in the opinion 
of such board may require, a reasonable and fair opportunity to be heard before 
it and to present facts and proofs, according to its rules and directions, against 
such declaration and the execution of such order, or in favor of its modification, 
according to the regulation of the board. Such board shall enter in its minutes 
such facts and proofs as it may receive and its proceedings on such hearing, and 
any other proof it may take; and thereafter may rescind, modify or reaffirm 
its declaration and order, and require execution of the original, or of a new or 
modified order to be made in such form and effect as it may finally determine. 
§564-20.0 Execution.— If such order is not complied with, or so far com- 
plied with as the board may regard as reasonable, within five days after service 
or attempted service, or within any shorter time, which, in case of imminent 
peril to the public health, the board may have designated, or is not thereafter 
speedily and fully executed, then such order may be executed as any of the 
orders of the board or department. 
§564-21.0 Substituted service.— If personal service of any such order 
cannot be made by reason of absence from the district, or inability to find one 
or more of the owners, occupants, lessees or tenants of the subject matter to 
which such order relates, or one or more of the persons whose duty it was 
to have done what is therein required to be done, as the case may render just 
and proper in the opinion of the board, to be shown by the official certificates of 
the officer having such order to serve, then service may be made through the 
mail, or by copy left at the residence or place of business of the person sought 
to be served, with a person of suitable age and discretion. 
§564-22.0 On what expenses to be a lien.— The expenses attending the 
execution of any and all orders duly made by the department shall respectively 
be a several and joint personal charge against each of the owners or part owners 
and each of the lessees and occupants of the building, business, place, property, 
matter or thing to which such order relates, and in respect to which such expenses 
were incurred; and also against every person or body who was by law or 
contract bound to do that in regard to such business, place, street, property, 
matter or thing which such order requires. Such expenses shall also be a lien 
on all rent and compensation due, or to grow due, for the use of any place, room, 110 
APPENDIX (B) 
building, premises, matter or thing to which such order relates, and in respect 
of which such expenses were incurred, and also a lien on all compensation due, 
or to grow due, for the cleaning of any street, place, ground, or thing, or for the 
cleaning, or removal, of any matter, thing, or place, the failure to do which 
by the party bound so to do, or doing of the same in whole or in part by order 
of such department, was the cause or occasion of any such order or expense. 
§564-23.0 Suits for expenses.— The department, in case it has incurred 
any expense, or has rendered service for which payment is due, and as the 
rules of the department may provide, may institute and maintain a suit against 
any one liable for such expenses, or against any person, firm or corporation, 
owing or who may owe such rent or compensation, and may recover the expenses 
so incurred under any such order. One or more of such parties liable or 
interested may be made parties to such action as the department may elect; 
but the parties made responsible herein for such expenses shall be liable to 
contribute or to make payment as between themselves, in respect of such expenses, 
and of any sum recovered for such expenses or compensation, or by any party paid 
on account thereof, according to the legal or equitable obligation existing between 
them. 
§564-24.0 Lien for expenses; notice to be filed.— a. Such expenses shall 
be a lien upon the land and buildings upon or in respect to which, or either of 
which, the work required by such order has been done, or expenses incurred, 
which lien shall have priority over all other liens and incumbrances, except 
taxes and assessments. No such lien shall be valid for any purpose until the 
department shall have caused to be filed in the office, or with the officer where 
notices of mechanics’ liens are required to be filed, a notice containing the same 
particulars as required to be stated with reference to mechanics’ liens, with the 
further statement that the expense has been incurred in pursuance of an order 
of the department, and giving its date. 
b. Upon such filing such officer shall make the same entry on the book or 
index in which mechanics’ liens are entered as he is required to enter in cases 
of mechanics’ liens, together with a reference to such order, by date, and there- 
after the same shall, except as herein elsewhere provided, have the same effect 
in all respects as a mechanic’s lien; and all proceedings with reference to such 
lien, its enforcements and discharge, shall be had and carried on in the same 
manner as similar proceedings with reference to mechanics’ liens are now, or 
may be hereafter by law had or carried on. 
§5 64-25.0 Duration of lien; discharge.— The filing of such statement 
shall as to all persons have the same effect as filing of notice of mechanics’ liens; 
and unless within six months after actual notice of such filing, proceedings are 
taken by the party against whom or whose property a lien is claimed, to dis- 
charge such lien, the filing, as to all persons having such actual notice, shall 
become conclusive evidence that the amount claimed in such statement, with 
interest, is due, and is a just lien upon such land and building. Such lien shall 
continue to be a lien for the space of four years from the time of filing such 
statement, unless proceedings are in the meantime taken to enforce or discharge 
the same which may be done at any time during its continuance. In case pro- 
ceedings are so taken, it shall remain a lien until the final determination of 
such proceedings; and if such proceedings shall result in a judgment for the 
amount claimed in such statement, or any portion thereof, such judgment shall, 
to such extent, be a lien in the same manner, and from the same time as such 
statement. 
§564-26.0 Statement of expenses of executing orders.— a. When the de- 
partment, through its own officers, and men and means shall have executed, or 
so far executed as the department may require, any order, an affidavit setting 
forth the expenses of such execution, itemized generally, and the date thereof 
shall be filed among the records of the department with the order so executed; 
and the department shall take care by, or through some proper officer, or other- 
wise, that the expenses of such execution be so stated with fairness and accuracy. 
b. When it shall appear that such execution or the expenses thereof, related 
to several lots or buildings belonging to different persons, such affidavit shall 
state what belongs to, or arose in respect to each lot of such several lots or 
buildings, as the department or its authorized officer may direct; and the de- 
partment may revise the correctness of such apportionment of expenses as truth 
and justice may require. APPENDIX (B) 
111 
c. Whenever the expenses attending the execution of any order of the 
department may be made the subject of a suit by it, there may be joined in the 
same suit a claim or claims for any penalty or penalties for violation of any 
health provisions, or for the violation or omission to perform or obey such order, 
or any prior order of the department, or for the not doing of that, or any 
portion of that, for the doing of which such expenses arose or were incurred; 
and the proper joint or several judgment may be had against one or more of 
the defendants in the suit, as they or either of them may be liable in respect 
of both such claims, or either or any of them. 
§564-27.0 Service of order or judgment.— The department may serve a 
copy of the order under or by reason of which such expenses were authorized or 
incurred with a copy of the affidavit stating the expenses of the execution of such 
order, or if the claim be a judgment, may serve a transcript of such judgment, 
and an affidavit showing the expense of its execution if there be any, upon any 
person or corporation owing, or who is about to owe any such compensation, 
or owing or about to owe any rent or compensation for the use or occupation of 
any grounds, premises or buildings or any part thereof, to which such order 
or judgment relates, and in respect of which such expenses embraced in such 
judgment related or were incurred, and may, at the time of such service, de- 
mand in writing that such rent, or any such compensation to the extent of such 
claim for such expenses, or for any such judgment or expenses in executing the 
same, when such rent or compensation becomes due and payable, be paid to 
the department. 
§564-28.0 Payments to department.— After the service of such papers 
and such demand, any tenant, lessee, occupant, or other person owing, or about 
to owe, any such rent or any such compensation when it shall mature, or become 
payable, shall pay the same, and from time to time pay any other amount 
thereof, as the same may become due and payable, or so much thereof as is 
sufficient to satisfy any such judgment or claim for expenses, or both, so served, 
to the department, and a receipt shall be given therefor, stating on account of 
what order or judgment and expenses the same has been paid and received; and 
the amount so received shall be deposited where other funds of the department 
are kept, to the special account of the department. 
§5 64-29.0 Refusal to pay department.— Any person or corporation refus- 
ing or omitting to make such payment to the department after service of such 
paper and demand, shall be personally liable to the department for the amount 
that should have been paid to it, and may by the department be sued therefor; and 
such persons shall not in such suit dispute or call in question the authority of 
the department to incur, or order such expense or the validity or correctness of 
such expenses of judgment in any particular, or the right of the department to 
have the same paid from such rent or compensation. 
§5 64-3 0.0 Payment to department; effect.—The receipt of the depart- 
ment for any sum so paid, in all suits and proceedings, and for every purpose, 
shall be as effectual in favor of any person holding the same as actual payment 
of the amount thereof to the proper landlord, lessor, owner, or other person or 
persons who would, except for the provisions of section 564-28.0 of the code, and 
of such demand, have been entitled to receive the sum so paid. No tenant or 
occupant of any lot, building or premises, shall be dispossessed or disturbed, 
nor shall any lease or contract, or rights, be forfeited or impaired, nor any 
forfeiture or liability be incurred by reason of any omission to pay to any land- 
lord, owner, lessor, contractor, party, or other person, the sum so paid to the 
department, or any part thereof. 
§564-31.0 Department to retain moneys till twelve flays after notice.— 
The department shall retain money so paid until twelve days after it shall be 
made to appear to it or some proper officer thereof, by satisfactory affidavit, 
that the party or parties, or his or their agent for the collection of any such 
rent or compensation, who, but for the provisions hereof would have been entitled 
to receive the same, has had written notice of such payment being made; and 
if at the end of such twelve days such party or parties, so notified, have not 
instituted suit to recover such money, then it shall, by the department be paid 
to the city treasurer. 
§564-32.0 Infected and uninhabitable houses; vacation orders.—When- 112 
APPENDIX (B) 
ever it shall be certified to the department by an officer or inspector of the 
department that any building or any part thereof in the city is infected with 
communicable disease, or by reason of want of repair has become dangerous 
to life or is unfit for human habitation because of defects in drainage, plumbing, 
ventilation, or the construction of the same, or because of the existence of a 
nuisance on the premises which is likely to cause sickness among its occupants, 
the department may issue an order requiring all persons therein to vacate such 
building or part thereof for the reasons to be stated therein. The department 
shall cause such order to be affixed conspicuously in such building or part thereof 
and to be personally served on the owner, lessee, agent, occupant, or any person 
having the charge or care thereof. If the owner, lessee or agent can not be 
found in the city or does not reside therein, or evades or resists service, then 
such order may be served by depositing a copy thereof in the post-office in the 
city, properly enclosed and addressed to such owner, lessee or agent, at his last 
known place of business and residence, and prepaying the postage thereon; such 
building or part thereof within ten days after such order shall have been so 
posted and mailed, or within such shorter time, not less than twenty-four hours, 
as in such order may be specified, shall be vacated, but the department whenever 
it shall become satisfied that the danger from such building or part thereof has 
ceased to exist, or that such building has been repaired so as to be habitable, 
may revoke such order. 
§564-33.0 Proceedings for condemnation.-—-Whenever any building or 
part thereof in the city, in the opinion of the department, by reason of: 
1. Age, or 
2. Defects in drainage, plumbing or ventilation, or 
3. Infection with communicable disease, or 
4. The existence of a nuisance on the premises, which is likely to cause 
sickness among its occupants, or among the occupants of other property in 
such city, or 
5. Its stopping ventilation in other buildings, or otherwise making or 
conducing to make them unfit for human habitation, or dangerous or injuri- 
ous to health, or 
6. Its preventing proper measures from being taken for remedying 
any nuisance injurious to health, or 
7. Other sanitary evils in respect of such other buildings, 
is so unfit for human habitation that the evils in, or caused by such building, 
can not be remedied by repairs or otherwise except by the destruction of such 
building or a portion thereof, the department having first made an order to 
vacate such building, if it deem such course just and proper, may condemn the 
same and order it removed. The department may institute proceedings in the 
supreme court in the city for the condemnation of such building, provided, 
however, that the owner or owners of such building may demand that it be 
surveyed in the manner provided for in case of unsafe buildings. 
§5 64-3 4.0 Institution of proceedings.— Such proceeding shall be insti- 
tuted through a petition addressed to such court containing a brief statement 
of the reasons therefor, and shall not be required to contain further allegations 
of facts than those which have actuated the department in this proceeding, which 
shall then be carried on in the manner prescribed for a capital project proceed- 
ing by title B of chapter fifteen of the code. The owner of such building or 
any person interested therein may in his answer dispute the necessity of the 
destruction of such building or part thereof, as the case may be. In such case, 
the court shall not take steps to ascertain the value of the property unless proof 
is made of the necessity of such destruction. 
§5 64-3 5.0 Admissible evidence.—ln such proceeding, evidence shall be 
receivable by the court without a jury to prove: 
1. That the rental of the building was enhanced by reason of the same 
being used for illegal purposes, or being so overcrowded as to be dangerous 
or injurious to the health of the inmates; or 
2. That the building is in a state of defective sanitation, or is not 
in reasonably good repair; or 
3. That the building is unfit, and not reasonably capable of being 
made fit, for human habitation. APPENDIX (B) 
113 
§564-36.0 Amount of compensation.— If the court is satisfied by such 
evidence, then the compensation: 
1. Shall in the first case, so far as it is based on rental, be on the rental 
of the building, as distinct from the ground rent, which would have been 
obtainable if the building was occupied for legal purposes, and only by the 
number of persons whom the building, under all circumstances of the case, 
was fitted to accommodate without such overcrowding as is dangerous or 
injurious to the health of the inmates; and 
2. Shall in the second case be the amount estimated as the value of the 
building if it had been put into a sanitary condition, or into reasonably good 
repair, after deducting the estimated expense of putting it into such condi- 
tion or repair; and 
3. Shall in the third case be the value of the materials of the building. 
§566-1.0 Inspection reports; publication.— The department may make 
and publish a report of the sanitary condition and the result of the inspection 
of any place, matter or thing in the city, so far as, in the opinion of the depart- 
ment, such publication may be useful. 
§566-2.0 Inspection and removal of articles.— a. An officer or employee 
of the department shall visit and inspect all stores and places within the city 
which are suspected of containing putrid or unsound provisions or other articles 
unfit for human consumption or use or likely to communicate disease to the 
inhabitants, and make and sign a report in writing stating the stores, places and 
articles so inspected and the nature, state and situation thereof and his opinion 
in relation thereto. Such report shall be filed in an office of the department. 
b. The department may by order direct the removal, to a place to be designated 
by it, of all things within the city which, in its opinion are unfit for human con- 
sumption or use or which shall be infected in any manner likely to communicate 
disease to the inhabitants. 
c. Failure to comply with the provisions of this section shall constitute a 
misdemeanor, punishable by a fine of not exceeding two hundred fifty dollars, or 
imprisonment not exceeding six months, or both. 
§5 67-1.0 Record of births, stillbirths and deaths.—a. The department 
shall keep a record of the births, stillbirths and deaths filed with it. The births, 
stillbirths and deaths shall be numbered separately and recorded in the order in 
which they are respectively received. 
b. There shall be no specific statement on the record or report of birth as to 
whether the child is born in or out of wedlock or as to the marital name or status 
of the mother. 
c. It shall be unlawful to demand or receive any fees by reason of the duties 
imposed by this section. 
§5 67-2.0 Supplemental birth records.— a. A new birth record shall be 
made whenever; 
1. Proof is submitted to the department that the previously unwed 
parents of a person have intermarried subsequent to the birth of such person; 
2. Notification is received by the department from the clerk of a court 
of competent jurisdiction or proof is submitted of a judgment, order or decree 
relating to the parentage or adoption of the person. 
b. On every birth record made because of adoption, a notation “by adoption” 
shall be entered. 
c. When a new birth record is made the department shall substitute such 
new record for the birth record then on file. The department shall place the 
original birth record and the proof, notification and papers pertaining to the new 
birth record under seal. Seals shall not be broken except by order of a court 
of competent jurisdiction. Thereafter when a certified copy of the certificate of 
birth of such a person is issued, it shall be a copy of the new certificate of birth, 
except when an order of a court of competent jurisdiction shall require the is- 
suance of a copy of the original certificate of birth. 
§5 67-3.0 Certificate of registration of birth.— Within ten days after the 
receipt of the report of any birth, the department shall furnish, without charge, 
to the parents or guardian of the child or to the mother at the address designated 
by her for the purpose, a certificate of registration of birth. Such certificate of 
registration shall be issued on forms furnished by the department. 114 
APPENDIX (B) 
§5 67-4.0 Certified copies of records of birth, stillbirth, marriage and 
death; certifications of birth.— a. Upon request, the department shall issue a 
certified copy of the birth record or a certification of birth under the following 
conditions: 
1. A certified copy of the record of birth shall be issued only upon order 
of a court of competent jurisdiction or upon a specific request therefor by the 
person, if of age, or by a parent or other lawful representative of the person 
to whom the record of birth relates. The department may issue a certified 
copy of a birth record for official use upon the request of a department,, 
agency, or officer of any state government or subdivision thereof or the 
United States government. 
2. Upon request in all other cases, a certification of birth shall be issued 
by the department unless it does not appear to be necessary or required for a 
proper purpose. A certification of birth shall contain only the name, sex, 
date of birth and place of birth of the person to whom it relates and none of 
the other data on the record of birth. 
b. A transcript of a record of stillbirth, marriage or death, upon such forms 
as the department shall prescribe, shall be issued upon request unless it does not 
appear to be necessary or required for a proper purpose. The board may 
prescribe reasonable fees for searches made of records of birth, stillbirth, mar- 
riage or death, and the usual fees for copies of records to be paid for certifica- 
tions of birth and for transcripts of records of birth, stillbirth, marriage or death, 
and in what cases the payment of fees may be waived. 
c. The United States census bureau may obtain, without expense to the city, 
transcripts of records of births, stillbirths and deaths without payment of fees 
here prescribed for use solely as statistical data. Any copy of the record of a 
birth, stillbirth, marriage or death, or any certificate of registration of birth, or 
certification of birth, when properly certified by the commissioner or persons 
authorized to act for him, shall be prima facie evidence of the facts therein stated, 
in all courts, and places, and in all actions, proceedings or applications, judicial, 
administrative or otherwise; and any such certificate of registration of birth or 
certification of birth shall be accepted with the same force and effect with respect 
to the facts therein stated as the original birth record or a certified copy thereof. 
[See the Administrative Code of the City of New York, Chapter 18, en- 
titled “Police Department” for the provisions contained in the following sec- 
tions : 
§434a-17.0 Detail of officers and men to assist department of health. 
§435 - 2.0 Police department to cooperate with department of health. 
§435 - 5.0 Unnecessary noises prohibited. 
§435 - 6.0 Radios, phonographs and other sound devices; regulation, 
permits.] 115 
APPENDIX (C) 
PUBLIC HEALTH LAW OF THE STATE OF NEW YORK 
Article 17-B of the 
Relating to Certain Contagious (Venereal) Diseases 
(Added by Laws of 1918, Ch. 264, and as last 
amended by Laws of 1939, Ch. 210). 
ARTICLE 17-B* 
Regulation op Certain Contagious Diseases 
Section 343-gg. Suspected persons. 
343-hh. Persons under arrest. 
343-ii. Treatment required. 
343-jj, Free treatment for infected persons. 
343-kk. Treatment only by physicians or on their prescriptions. 
343-11. Reports and information confidential. 
343-mm. Penalties. 
343-nn. Definitions. 
§843-gg. Suspected persons. Whenever the board of health or health 
officer of a health district shall have reasonable ground to believe that any person 
within the jurisdiction of such board or health officer is suffering from, or in- 
fected with, any infectious venereal disease and is likely to infect or to be the 
source of infection of any other person, such board of health or health officer 
shall cause a medical examination to be made of such person, for the purpose 
of ascertaining whether or not such person is in fact suffering from, or infected 
with, such disease, and every such person shall submit to such examination and 
permit such specimens of blood or bodily discharges to be taken for laboratory 
examinations as may be necessary to establish the presence or absence of such 
disease or infection, and such person may be detained until the results of such 
examinations are known, provided, that the required examination shall be made 
by the health officer, or, at the option of the person to be examined, by a licensed 
physician who, in the opinion of the health officer, is qualified for this work and 
is approved by him, and such licensed physician making such examination shall 
report thereon to the board of health, health department or health officer, but 
shall not issue a certificate of freedom from venereal disease to or for the person 
examined. Such suspected person may apply to a magistrate for an order 
restraining such examination and no examination shall then be made except 
upon order of such magistrate. Before such examination each suspected person 
shall be informed of this right and be given an opportunity to avail himself or 
herself thereof. 
§343-hh. Persons under arrest. Every person arrested for vagrancy as 
defined under subdivisions three or four of section eight hundred and eighty-seven 
of the code of criminal procedure or under section one hundred and fifty of the 
tenement house law or under any statute or ordinance for any offense of the 
nature specified in subdivision four of section eight hundred and eighty-seven 
of the code of criminal procedure, or arrested charged with a violation of section 
one thousand one hundred and forty-six or one thousand one hundred and forty- 
eight of the penal law, or any person arrested for frequenting disorderly houses 
or houses of prostitution, shall be reported within twenty-four hours by the court 
or magistrate before whom such person is arraigned to the board of health or 
health officer of the health district in which the alleged offense occurred, and 
shall be examined in accordance with the provisions of the preceding section. 
For purpose of examination and diagnosis as provided in the preceding section, 
such person may be detained until the results of such examination are known. 
No such person if convicted shall be released from the jurisdiction of such court 
* The sections in this article were formerly numbered 343-m to 343-t and were re-numbered as 
above by Laws of 1939, Chapter 210, effective April 5. 1939. but in Sections 343-ii and 343-mm refer, 
ence is still made to the old numbered sections as Chapter 210 failed to make these necessary changes. 116 
APPENDIX (C) 
or magistrate until the person so convicted has been examined as provided for 
in the preceding section. 
§343-ii. Treatment required. Every person who, by the examinations as 
provided for in section three hundred and forty-three-m*, is found to be suffering 
from, or infected with any venereal disease, or who is reported to the health 
officer as suffering from or infected with venereal disease, shall be required by the 
board of health, or the health officer of the health district in which such person 
resides, to conform to rules and regulations of the state sanitary code, and, in 
the city of New York of the sanitary code of the board of health of said city. 
Such rules and regulations may provide for the isolation and treatment of persons 
so infected and the local board or health officer shall in that case define the place 
and limits of the area within which such persons shall be isolated, and the 
conditions under which such isolation and treatment shall be terminated. Any 
of such rules and regulations may be reviewed in the courts and tested as to 
reasonableness in a proceeding instituted by any person directed to conform 
therewith pursuant to this article. 
§343-jj. Free treatment for infected persons. Any person who is suffer- 
ing from a venereal disease who is unable to pay for treatment may make 
application for care and treatment to the board of health or health officer of the 
health district in which such person resides and such board or health officer shall 
promptly institute treatment. It shall be the duty of each county and city board 
of health to provide facilities adequate for the diagnosis, care and treatment of 
persons suffering from venereal disease, who are unable to pay for treatment 
by a private physician, which facilities shall meet such standards as may be 
prescribed by the state commissioner of health. 
§343-kk. Treatment only by physicians or on their prescriptions. No 
person, other than a licensed physician, shall treat or prescribe for a case of 
venereal disease, or dispense a drug, medicine or remedy for the treatment of 
such a disease except on prescription of a duly licensed physician. Such pre- 
scription shall be retained by the person dispensing such drug, medicine or 
remedy, and no copy of such prescription shall be made by or delivered to any 
person, and such prescription shall be filled but once. 
§343-U. Reports and information confidential. All reports or informa- 
tion secured by a board of health or health officer under the provisions of this 
article shall be absolutely confidential except in so far as is necessary to carry 
out the purposes of the article. 
§343-mm. Penalties. Any person who shall violate any of the provisions 
of this article or any rule or regulation made and approved under the provisions 
of section three hundred and forty-three-o* shall be guilty of a misdemeanor. 
Any person who, knowing himself or herself to be infected with veneral disease, 
such as chancroid, gonorrhea or syphilis, in any of the variations or stages of 
such diseases, has sexual intercourse with a person in the military or naval 
service of the state or of the United States shall be guilty of a felony. 
§343-un. Definitions. The term “health district” as used in this article 
shall mean a city, town, village or consolidated health district having a separate 
board of health. 
* Should be §343-gg and §343-mm respectively. See footnote on page 115. 117 
APPENDIX (D) 
PUBLIC HEALTH LAW OF THE STATE OF NEW YORK 
Section 18-d of the 
Relating to Serological Blood Tests for Syphilis of Pregnant Women 
(Added by L. 1938, Ch. 133, in effect March 18, 1938). 
§lB-d. Serological blood test for syphilis of pregnant women. Every 
physician attending pregnant women in the state during gestation shall in the 
case of every woman so attended take or cause to be taken a sample of blood 
of such woman at the time of first examination, and submit such sample to an 
approved laboratory for a standard serological test for spyhilis. Every other 
person permitted by law to attend upon pregnant women in the state but not 
permitted by law to take blood tests, shall cause a sample of the blood of such 
pregnant woman to be taken by a duly licensed physician and submitted to an 
approved laboratory for a standard serological test for syphilis. The term 
“approved laboratory” means a laboratory approved for this purpose by the state 
department of health, or in the city of New York by the department of health 
of such city. A standard serological test for syphilis is one recognized as such 
by the state department of health or in the city of New York by the New York 
city department of health. 118 
APPENDIX (E) 
DOMESTIC RELATIONS LAW OF THE STATE OF NEW YORK 
Sections 13 to 15 inclusive of the 
Relating to Serological Blood Tests for Licensing and, 
Solemnization of Marriages* 
(As amended by L. 1939, Ch. 110). 
§l3. Marriage licenses. It shall be necessary for all persons intending to 
be married to obtain a marriage license from the town or city clerk of the town 
or city, and in the city of New York from the city clerk or the deputy city clerk 
of the borough of said city in which the woman to be married resides and to 
deliver said license, within sixty days to the clergyman or magistrate who is to 
officiate before the marriage can be performed. If the woman or both parties 
to be married are non-residents of the state such license shall be obtained from 
the clerk of the town or city in which the marriage is to be performed; or, if 
the woman to be married resides upon an island located not less than twenty-five 
miles from the office or residence of the town clerk of the town of which such 
island is a part, and such office or residence is not on such island such license 
may be obtained from any justice of the peace residing on such island, and such 
justice, in respect to powers and duties relating to marriage licenses, shall be 
subject to the provisions of this article governing town clerks and shall file all 
statements or affidavits received by him while acting under the provisions of 
this section with the town clerk of such town. 
§l3-a. Physician’s examination and serological test of applicant for 
marriage license. 1. Except as herein otherwise provided, no application for 
a marriage license shall be accepted by the town or city clerk unless accompanied 
by or unless there shall have been filed with him a statement or statements signed 
by a duly licensed physician or by a commissioned medical officer of the United 
States army, navy or public health service that each applicant has been given 
such examination, including a standard serological test, as may be necessary for 
the discovery of syphilis, made on a day specified in the statement, which shall 
be not more than the thirtieth day prior to that on which the license is applied 
for, and that in the opinion of the physician the person therein named is not 
infected with syphilis, or if so infected is not in a stage of that disease whereby 
is may become communicable. 
2. Because of emergency or other cause shown by affidavit or other proof, 
a justice of the supreme court or the county judge of the county in which the 
woman resides, or, if such woman is between fourteen and sixteen years of age, 
the judge of the children’s court of such county, if satisfied that the public health 
and welfare will not be injuriously affected thereby, may make an order, in his 
discretion, on joint application of both of the parties desiring the marriage 
license, dispensing with the requirements of subdivision one of this section as 
to either or both of the parties, including the laboratory statement specified 
below, or, the statement or statements provided for by such subdivision having 
been filed, extending the thirty-day period following the examination and test to 
not later than a day specified, which, however, shall be not more than ninety 
days after the examination and test. The order shall be accompanied by a 
memorandum in writing of the judge or justice reciting his reasons for granting 
the order. Application for such extension may be made before, on or after the 
expiration of such thirty-day period. The order, and the accompanying memo- 
randum, shall be filed with the town or city clerk, and he then shall accept and 
consider application for the marriage license without the production or filing 
of any of the physicians’ statements dispensed with by the order, or shall accept 
and consider the application within any such extended period, as the case may 
* The provisions of the Domestic Relations Law relative to a standard serological test for the dis- 
covery of syphilis of each applicant for a marriage license were added by Ch. 640, L. 1938, effective 
July 1, 1938, and amended as above by Ch. 110, L. 1939, effective June 1, 1939. APPENDIX (E) 
119 
be. The clerk shall hold such memorandum of a judge or justice in absolute 
confidence. 
3. Each physician’s statement shall be accompanied by a statement from 
the person in charge of the laboratory making the test, or from some other 
person authorized to make such statement, setting forth the name of the test, 
the date it was completed and the name and address of each person whose blood 
was tested, but not stating the results of the test. The physician’s statement 
and the laboratory statement shall be on the same form sheet. The applicant 
shall sign his or her name on this form. Upon a separate form a detailed 
report of the laboratory test, showing the result of the test, shall be transmitted 
by the laboratory to the physician, and a copy of this report shall be submitted 
to the district state health officer, or, in a city of over fifty thousand population, 
or in a county health district, to the department of health of such city, or 
county as the case may be, and it shall be held in absolute confidence and shall 
not be open to public inspection; provided that it shall be produced for evidence 
at a trial or proceeding in a court of competent jurisdiction, involving issues in 
which it may be material and relevant, on an order of a justice or judge of 
such court requiring its production. 
4. A standard serological test shall be a laboratory test for syphilis ap- 
proved by the state commissioner of health and shall be performed by the state 
department of health, or in the city of New York by the department of health 
of such city, or at a laboratory approved for this purpose by the state depart- 
ment of health or, in the city of New York, by the department of health of 
such city. 
5. Any applicant for marriage license, any physician or any representative 
of a laboratory who shall misrepresent any of the facts called for by the 
physician’s statement and the laboratory report or statement, or any licensing 
officer who shall have reason to believe that any of the facts have been mis- 
represented and shall nevertheless issue a marriage license, or any district state 
health officer or his employee or any employee or official of a department of 
health who shall not hold the laboratory record confidential, except as provided 
in subdivision three hereof with respect to its production for evidence on order 
of a justice or judge, or any town or city clerk or his deputy or emplyee who 
shall not hold in strictest confidence the statement filed with him as to the 
reasons for the granting of an order under subdivision two, shall be guilty of a 
misdemeanor and punishable accordingly. The provisions of section twenty-two 
of this chapter shall not apply to the punishment for offenses specified in this 
subdivision. 
6. Nothing in this section shall impair or affect existing laws, or rules, 
regulations or codes made by authority of law, relative to the reporting of 
cases of syphilis discovered by physicians. 
7. This section shall not apply to either the man or woman, when the 
woman is pregnant at the time of application for the marriage license. 
8. Nothing in this section shall prevent a couple already legally married 
from applying for and receiving a marriage license for the purpose of a second 
or subsequent ceremony. If requested by either party applying for such a 
license, the town or city clerk shall keep the contents of the application and the 
license issued thereunder confidential and the record of the marriage thereof shall 
not be open for public inspection. In case such a couple does apply for a 
marriage license for an additional ceremony, the provisions of this section requir- 
ing serological test and the related statement of a physician or medical officer 
and the provisions of section thirteen-b shall not apply and shall be disregarded 
by the city or town clerk. Section thirteen and fifteen, however, shall apply to 
the issuance of such a license, except that such clerk shall note on the license 
issued by him the following: “This license is to be used only for the purpose 
of a second or subsequent marriage ceremony.” 
§l3-b. Time within which marriage may be solemnized. A marriage shall 
not be solemnized within three days from the date on which the specimen was 
taken for the serological test of the contracting parties provided for by section 
thirteen-a of this chapter prior to the issuance of the marriaere license, and not 
until twenty-four hours after the issuance of the marriage license, or, if such 
examination and test shall be dispensed with by order of a iudge or justice or 
shall not be required pursuant to such section, within three days from the date 
of issuance of the marriage license therefor, unless authorized by an order of a 
court of record as hereinafter provided, nor shall it be solemnized after sixty 
days from the date of the issuance of the marriage license. Every license to 120 
APPENDIX (E) 
marry hereafter issued by a town or city clerk, in addition to other requirements 
specified by this chapter, must contain a statement of the day and the hour 
the license is issued and the period during which the marriage may be solemnized. 
It shall be the duty of the clergyman or magistrate performing the marriage 
ceremony, or if the marriage is solemnized by written contract, of the judge 
before whom the contract is acknowledged, to annex to or endorse upon the 
marriage license the date and hour the marriage is solemnized. A judge or 
justice of the supreme court of this state or the county judge of the county in 
which the woman to be married resides, or if such woman is between fourteen 
and sixteen years of age, the judge of the children’s court of such county, if it 
shall appear from an examination of the license and any other proofs submitted 
by the parties that one of the parties is in danger of imminent death, or by 
reason of other emergency public interest will be promoted thereby, or that 
such delay will work irreparable injury or great hardship upon the contracting 
parties, or one of them, may make an order authorizing the immediate solem- 
nization of the marriage and upon filing such order with the clergyman or 
magistrate performing the marriage ceremony, or if the marriage is to be 
solemnized by written contract, with the judge before whom the contract is 
acknowledged, such clergyman or magistrate may solemnize such marriage, or 
such judge may take such acknowledgment as the case may be, without waiting 
for such three day period and twenty-hour hour period, or either one of them 
to elapse. The clergyman, magistrate or judge must file such order with the 
town or city clerk who issued the license within five days after the marriage is 
solemnized. Such town or city clerk must record and index the order in the 
book required to be kept by him for recording affidavits, statements, consents 
and licenses, and when so recorded the order shall become a public record and 
available in any prosecution under this section. A person who shall solemnize a 
marriage in violation of this section shall be guilty of a misdemeanor and upon 
conviction thereof shall be punished by a fine of fifty dollars for each offense, 
and in addition thereto, his right to solemnize a marriage shall be suspended 
for ninety days. 
§l4. Town and city clerks to issue marriage licenses; form. The town or 
city clerk of each and every town or city in this state is hereby empowered to 
issue marriage licenses to any parties applying for the same who may be entitled 
under the laws of this state to apply therefor and to contract matrimony, 
authorizing the marriage of such parties, which license shall be substantially in 
the following form: 
State of New York, 
County of 
City or town of 
Know all men by this certificate that any person authorized by law to 
perform marriage ceremonies within the state of New York to whom this 
may come, he, not knowing any lawful impediment thereto, is hereby au- 
thorized and empowered to solemnize the rites of matrimony between 
of in the county of 
and state of New York and of in 
the county of and state of New York and to certify the 
same to be said parties or either of them under his hand and seal in his 
ministerial or official capacity and thereupon he is required to return his 
certificate in the form hereto annexed. The statements endorsed hereon or 
annexed thereto, by me subscribed, contain a full and true abstract of all 
of the facts concerning such parties disclosed by their affidavits or verified 
statements presented to me upon the application for this license. 
In testimony whereof, I have hereunto set my hand and affixed the seal 
of said town or city at this day of 
nineteen ,at m. Seal, 
The form of the certificate annexed to said license and therein referred to 
shall be as follows: 
I, a residing 
at in the county of and 
state of New York do hereby certify that I did on this 
day of in the year A.D., nineteen 
at m, at in the county of 
and state of New York, solemnize the rites of matrimony 
between of 
in the county of and state of New York, and 
of in APPENDIX (E) 
121 
of in the county of 
and state of New York in the presence of 
and as witness, and 
the license therefor is hereto annexed. 
Witness my hand in the county of 
this day of A.D., 
nineteen 
In the presence of 
There shall be endorsed upon the license or annexed thereto at the end 
thereof, subscribed by the clerk, an abstract of the facts concerning the parties 
as disclosed in their affidavits or verified statements at the time of the application 
for the license made in conformity to the provisions of section fifteen of this 
chapter, together with a statement, so subscribed, that such application was 
accompanied by papers complying with the applicable requirements of section 
thirteen-a of this chapter, relative to examination and health of the parties, or, 
if such compliance was dispensed with, wholly or partly, by order of a judge or 
justice, a statement to that effect. 
There shall also be stated upon the license the exact period during which the 
marriage may be solemnized. 
The license issued, including the abstract of facts, and the certificate duly 
signed by the person who shall have solemnized the marriage therein authorized, 
shall be returned by him, and where the marriage is solemnized by a written con- 
tract, the judge before whom acknowledgment is made shall also forward such 
contract to the office of the town or city clerk who issued the license within five 
days succeeding the date of the solemnizing of the marriage therein authorized 
and any person or persons who shall wilfully neglect to make such return within 
the time above required shall be deemed guilty of a misdeameanor and upon con- 
viction thereof shall be punished by a fine of not less than twenty-five dollars or 
more than fifty dollars for each and every offense. 
§ls. Duty of town and city clerks. It shall be the duty of the town or city 
clerk when an application for a marriage license is made to him to require each 
of the contracting parties to sign and verify a statement or affidavit before such 
clerk or one of his deputies, containing the following information. From the 
groom; Full name of husband, color, place of residence, age, occupation, place 
of birth, name of father, country of birth, maiden name of mother, country of 
birth, number of marriage. From the bride: Full name of bride, place of resi- 
dence, color, age, occupation, place of birth, name of father, country of birth, 
maiden name of mother, country of birth, number of marriage. 
The said clerk shall also embody in the statement if either or both of the 
applicants have been previously married, a statement as to whether the former 
husband or husbands or the former wife or wives of the respective applicants are 
living or dead and as to whether either or both of said applicants are divorced 
persons, if so, when and where and against whom the divorce or divorces were 
granted and shall also embody therein a statement that no legal impediment exists 
as to the right of each of the applicants to enter into the marriage state. The 
town or city clerk is hereby given full power and authority to administer oaths 
and may require the applicants to produce witnesses to identify them or either of 
them and may examine under oath or otherwise other witnesses as to any ma- 
terial inquiry pertaining to the issuing of the license, and if the applicant is a 
divorced person the clerk may also require the production of a certified copy of the 
decree of the divorce, or proof of an existing marriage of parties who apply for 
a license to be used for a second or subsequent ceremony; provided, however, that 
in cities of the first class the verified statements and affidavits may be made before 
any regular clerk of the city clerk’s office designated for that purpose by the city 
clerk. 
If it appears from the affidavits and statements so taken, that the persons 
for whose marriage the license in question is demanded are legally competent to 
marry, the said cleark shall issue such license except in the following cases. 
If it shall appear upon an apnlication that the applicant is under twenty-one years 
of age, before the town or city clerk shall issue a license, he shall require docu- 
mentary proof of age in the form of an original or certified copy of a birth 
record, a certification of birth issued by the state department of health, a local 
registrar of vital statistics or other public officer charged with similar duties by 122 
APPENDIX (E) 
the laws of any other state, territory or country, a baptismal record, passport, 
automobile driver’s license, life insurance policy, employment certificate, school 
record, immigration record, naturalization record or court record, showing the 
date of birth of such minor. If the town or city clerk shall be in doubt as to 
whether an applicant claiming to be over twenty-one years of age is actually 
over twenty-one years of age, he shall, before issuing such license, require 
documentary proof as above defined. If it shall appear upon an application 
of the applicants as provided in this section or upon information required by 
the clerk that the man is under twenty-one years of age and is not under 
sixteen years of age, or that the woman is under the age of eighteen years and 
is not under fourteen years of age, then the town or city clerk before he shall 
issue a license shall require the written consent to the marriage from both 
parents of the minor or minors or such as shall then be living, or if the parents 
of both are dead, then the written consent of the guardian or guardians of 
such minor or minors. If one of the parents has been missing and has not 
been seen or heard from for a period of one year preceding the time of the 
application for the license, although diligent inquiry has been made to learn 
the whereabouts of such parent, the town or city clerk may issue a license to 
such minor upon the sworn statement and consent of the other parent. If the 
marriage of the parents of such minor has been dissolved by decree of divorce 
or annulment, the consent of the parent to whom the court which granted the 
decree has awarded the custody of such minor shall be sufficient. If there is no 
parent or guardian of the minor or minors living to their knowledge then the 
town or city clerk shall require the written consent to the marriage of the person 
under whose care or government the minor or minors may be before a license 
shall be issued. The parents, guardians, or other persons whose consent it shall 
be necessary to obtain before the license shall issue, shall personally appear and 
acknowledge or execute the same before the town or city clerk, or some other 
officer authorized to administer oaths and take acknowledgments provided that 
where such affidavit or acknowledgment is made before an official other than 
the town or city clerk, the consent with a certificate attached showing the 
authority of the officer to take acknowledgments must be duly filed with the 
town or city clerk. 
If it shall appear upon an application for a marriage license that the woman 
is under the age of sixteen years and is not under fourteen years of age, the 
town or city clerk shall require, in addition to the consents provided in this 
section, the written approval and consent of a judge of the children’s court, 
having jurisdiction over the town or city in which the application is made, 
to be attached to or endorsed upon the application, before the license is issued. 
The application for such approval and consent shall be heard by the judge at 
chambers. All papers and records pertaining to any such application shall 
be sealed by him and withheld from inspection, except by order of a court of 
competent jurisdiction. Before issuing any licenses herein provided for, the 
town or city clerk shall be entitled to a fee of two dollars, which sum shall 
be paid by the applicants before or at the time the license is issued. Any town 
or city clerk who shall issue a license to marry any persons one or both of whom 
shall not be at the time of the marriage under such license legally competent to 
marry without first requiring the parties to such marriage to make such affidavits 
and statements or who shall not require the production of documentary proof 
of age or the procuring of the approval and consents provided for by this 
article, which shall show that the parties authorized by said license to be 
married are legally competent to marry, shall be guilty of a misdemeanor and 
on conviction thereof shall be fined in the sum of one hundred dollars for each 
and every offense. On or before the fifteenth day of each month, each town and 
city clerk, except in the city of New York, shall transmit to the state commis- 
sioner of health fifty cents of the amount received for each fee collected, which 
shall be paid into the state treasury as provided by section thirty-seven of the 
state finance law. In any city the balance of all fees collected for the issuing 
of a marriage license, or for solemnizing a marriage, so far as collected for 
services rendered by any officer or employee of such city, shall be paid monthly 
into the city treasury and may by ordinance be credited to any fund therein 
designated, and said ordinance, when duly enacted, shall have the force of law 
in such city. Notwithstanding any other provisions of the article the clerk 
of any city with the approval of the governing body of such city is hereby auth- 
orized to designate in writing filed in the city clerk’s office, a deputy clerk, if any, 
and/or other city employees in such office to receive applications for, examine APPENDIX (E) 
123 
applications, investigate and issue marriage licenses in the absence or inability of 
the clerk of said city to act, and said deputy and/or employees so designated is 
hereby vested with all the powers and duties of said city clerk relative thereto. 
Such deputy and/or employees shall perform said duties without additional com- 
pensation. 124 
APPENDIX (F) 
Article 12 of the 
LABOR LAW OF THE STATE OF NEW YORK 
Relating to Bakeries and Confectioneries 
ARTICLE 12 
Bakeries and Manufacture of Food Products* 
Section 330. Definitions. 
331. Building requirements. 
332. Maintenance and operation. 
333. Employment of diseased bakers prohibited. 
334. Owners and occupiers; respective duties. 
335. Manufacture of other food products. 
336. Provision for sealing up bakeries. 
337. Sanitary certificates. 
338. Cellar bakeries. 
339. Enforcement of article. 
§330. Definitions.— Whenever used in this chapter: 
1. “Bakery” means a building, room, or place used for making, preparing or 
baking bread, biscuits, pastry, cakes, doughnuts, crullers, noodles, macaroni or 
spaghetti to be sold or consumed on or off the premises, except kitchens in hotels, 
restaurants, boarding houses and private residences, wherein all such products are 
consumed exclusively on the premises; and with respect to the provisions of this 
chapter relating to machinery, safety devices and sanitary conditions includes 
hotel bakeries. A bakery is a factory within the meaning of this chapter. 
2. “Cellar” means a room or part of a building which is more than one-half 
its height below the level of the curb or ground adjoining the building, excluding 
areaways. 
3. “Owner” means the owner of the premises, the lessee of the whole there- 
of, or the agent in charge. 
4. “Occupier” means the person in possession of the premises and conducting 
the bakery therein. 
§331. Building requirements.— 1. A bakery shall have proper and suf- 
ficient drains, sinks, clean running water, and properly ventilated waterclosets. 
The waterclosets shall be apart from and shall not open directly into the bake- 
room or rooms where the raw material or manufactured product thereof is stored 
or sold. 
2. A bakery shall have adequate windows and, if required by the rules of 
the board, hoods and pipes or other means for ventilating ovens and ashpits. 
3. A bakery shall be at least eight feet in height measured from the surface 
of the finished floor to the underside of the ceiling, except that any cellar or base- 
ment of less height which was used for a bakery on the second day of May, 
eighteen hundred and ninety-five, need not conform to this provision. 
4. The flooring shall be of smooth even cement, or tiles laid in cement, or 
wood, and shall be free from crevices and holes. The side walls and ceilings shall 
be either plastered, ceiled or wainscoted. 
§332. Maintenance and operation.— 1. Every part of a bakery, its equip- 
ment, plumbing, and the yards and areaways adjoining, shall be kept in good 
repair, in sanitary condition and free from vermin. All furniture, troughs and 
utensils shall be so constructed and arranged as not to prevent cleaning them or 
any part of the bakery. All interior woodwork, walls and ceilings shall be 
painted or lime-washed once every three months, where so required by the com- 
missioner. 
2. Sanitary receptacles shall be used for coal, ashes, refuse and garbage. 
The contents of the receptacles for refuse and garbage shall be removed daily. 
Mechanical means of ventilation, when provided, shall be effectively used and 
operated. Windows, doors and other openings shall be properly screened. 
Lockers shall be provided for the street clothes of employees. 
See Section 59 Multiple Dwelling Law for bakeries in multiple dwellings. APPENDIX (F) 
125 
3. No person shall use or be permitted to use tobacco in any form in a 
bakery or room where the raw material or manufactured product of the bakery is 
stored or sold. 
4. No person shall sleep or be permitted to sleep and no domestic animals, 
except cats, and no birds, shall be allowed to remain in a bakery or room where 
the raw material or manufactured product of the bakery is stored or sold. 
5. Every person while engaged in the manufacture and handling of bakery 
products shall wear a clean suit and clean shoes or slippers. The suit shall be of 
washable material and used for that work only. 
§333. Employment of deseased bakers prohibited.— No person who has a 
communicable disease shall work or be permitted to work in a bakery. Whenever 
required by a medical inspector of the department, a person working in a bakery 
shall submit to a physical examination by such inspector. No person who refuses 
to submit to such examination shall work or be permitted to work in a bakery. 
§334. Owners and occupiers; respective duties.— The owner shall comply 
with section three hundred and thirty-one, and the occupier with sections three 
hundred and thirty-two and three hundred and thirty-three, unless by a lease the 
other party thereto has agreed to comply with any provision of such sections and 
duplicate original of such lease has been previously filed with the commissioner, 
in which event the party assuming responsibility shall be liable for compliance. 
§335. Manufacture of other food products.—l. Every factory wherein 
a food product is manufactured shall be kept in a sanitary condition and properly 
lighted and ventilated and the food product prepared therein protected from con- 
tamination. 
2. Every basement or cellar used as a confectionery or ice cream manufac- 
turing shop shall be not less than seven feet high measured from the surface of 
the finished floor to the under side of the ceiling, except that any cellar or 
basement which is more than six feet high and was so used before October first, 
nineteen hundred and six, need not conform to this section. The board may 
apply any or all of the provisions of this article to a factory located in a cellar 
wherein any food product is manufactured. 
§33 6. Provision for sealing up bakeries.— If the commissioner finds a 
bakery or any part thereof to be unsanitary, he may on forty-eight hours’ notice 
in writing, to be served by affixing the notice on the inside of the main entrance 
door of the bakery, order the person found in charge thereof to cease operating 
it until it shall be properly cleaned, drained and ventilated. If such order is 
not complied with, the commissioner may upon filing in his office a written order 
stating the reasons therefor and without further notice fasten up and seal 
the oven or other cooking apparatus of the bakery and affix to all materials and 
equipment labels or conspicuous signs bearing the word “unclean.” Such seal, 
labels and signs shall be removed only by the commissioner and not until the 
bakery is in a sanitary condition. 
§337. Sanitary certificates.— 1. No person shall establish or operate a 
bakery without a sanitary certificate. The certificate shall be kept posted in a 
conspicuous place in the bakery. 
2. The person establishing or operating the bakery shall apply to the com- 
missioner for a certificate within ten days after the bakery commences business. 
The application shall be made upon a blank furnished by the commissioner. No 
bakery shall operate for more than thirty days after commencing business with- 
out a certificate. 
3. Before issuing a certificate the commissioner shall inspect the bakery. If 
it conforms to articles eleven and twelve of this chapter and the rules of the 
board, the commissioner shall issue a sanitary certificate for a period of one year 
and renewable annually upon reinspection showing compliance with the aforesaid 
provisions and rules, except that in the city of New York such sanitary certificate 
shall be operative until revoked or suspended after hearing. 
4, The certificate may be revoked or suspended by the commissioner if the 
health of the community or of the employees of the bakery requires such action, 
or if an order of the commissioner is not complied with within fifteen days after 
the service thereof upon the person charged with the duty of compliance. Nothing 
contained in this subdivision shall limit the power of the commissioner to seal up 
an unsanitary bakery under the preceding section. 126 
APPENDIX (F) 
5. If an application for a certificate is denied or if a certificate is revoked 
or suspended, the commissioner shall file in his office the reasons for his action. 
6. If a bakery has no certificate or if the certificate has been revoked or 
suspended, the commissioner may upon filing an order stating the reasons 
therefor, without further notice, fasten up and seal the oven or other cooking 
apparatus of said bakery. Such seal shall be removed only by the commissioner 
and not until a certificate for the bakery has been issued. 
§338. Cellar bakeries.— 1. No bakery shall be located in a cellar which 
does not conform to all the provisions of this section, unless a certificate of ex- 
emption has been issued to the owner (a) upon satisfactory proof furnished the 
commissioner on or before November ninth, nineteen hundred and thirteen, show- 
ing that it was operated as a bakery on May ninth, nineteen hundred and twelve, 
or (b) upon satisfactory proof furnished the commissioner on or before the 
twenty-eighth day of February, nineteen hundred and fourteen, that it was in 
course of construction on the ninth day of May, nineteen hundred and thirteen, 
or that construction was commenced after the first day of January, nineteen 
hundred and thirteen, and completed on or before the ninth day of May, nineteen 
hundred and thirteen, and operated prior to the first day of January, nineteen 
hundred and fourteen. 
2. The bakery shall be at least ten feet high, measured from the surface of 
the finished floor to the under side of the ceiling. If the bakery is located entirely 
in the front part of the building, its ceiling shall be not less than four feet and 
six inches above the curb level of the street in front of the building; if located 
entirely in the rear part of the building or extending from front to rear, the ceil- 
ing shall be not less than one foot above the curb level of the street in front of the 
building and the bakery shall open upon a yard or courts extending at least six 
inches below the floor level of the bakery. 
3. The bakery shall be constructed according to plans and specifications 
approved by the commissioner and shall be adequately lighted and ventilated. 
4. This section shall not prevent he health departments in cities of the first 
class from exercising any power of regulation now or hereafter vested in them. 
§3 39. Enforcement of article.— 1, The commissioner shall, except in 
cities of the first class, enforce the provisions of this article. 
2. In cities of the first class, the Health Departments thereof shall enforce 
the provisions of this article and for that purpose shall possess all powers con- 
ferred by this chapter upon the commissioner or the industrial board. 
3. The rules of the board relative to carrying into effect the provisions of 
this article shall not apply in cities of the first class. INDEX TO SANITARY CODE 129 
INDEX TO SANITARY CODE 
Section 
ABORTIONS (Criminal), duty to report 86,90 
ACTS 
Detrimental to public health (misfeasance and nonfeasance) 181 
Tending to promote spread of disease, prohibited 100 
ADULTERATIONS 
Almond paste 139-d 
Authority to seize and destroy milk 153 
Beverages and drinks 139-b 
Butter 151,152 
Carbonated beverages and drinks 139-b 
Cheese 151,151-a 
Condensed milk 154 
Confectionery 139 sub. 7 
Cream 151,152 
Drugs 116 
Food (in general) 139 
Frozen desserts 176 
Gelatin (food) 178 
Ice cream and ice cream mix 176 
Kernel paste 139-d 
Meat, processed, water added 140-a 
Milk 151,152,153 
Sausages 139-a 
Shellfish 171 
Sherbet and ices 176 
AGENCY 
Blood donors, permit 109 
Giving day care to children, permit 198 
Sending children to camp, to register ...217-a 
ALCOHOL 
Amount used in drugs to be stated on label 116 
Denatured, sale regulated 131 
Distilling of, permit 332 
Medicated, sale regulated 130 
Wood (Methyl), poisoning to be reported 92 
Wood (Methyl), sale regulated 124 
ALMOND PASTE, sale of, regulated 139-d 
AMUSEMENT PLACE—defined as “public place” 2 
ANCYLOSTOMIASIS (hookworm disease), to be reported 86 
ANILINE DERIVATIVE 
Occupational poisoning by, to be reported 92 
Use in hair dyes, etc., regulated 128 
ANIMALS 
Bears, prohibited 22 
Birds—see “Birds” 
Bites of, to be reported 10 
Carcasses, sale regulated 160,172 
Cats, sale or, permit 18 
Cattle: 
condemnation authorized 137 
not to be killed in overheated condition 161 
food, water and ventilation for 14 
permit to keep 11 
slaughter of, regulated, permit 325 
slaughter of, restricted 326 
transporting of, restricted 15 130 
INDEX TO SANITARY CODE 
Section 
ANlMALS—Continued 
Condemnation of, authorized 137 
Cows: 
permit for keeping 12 
tuberculin test; certificate of 13 
Dead: 
boats docking with, regulated 245 
boiling of, restricted and regulated 323,324 
disposition of, restricted 234 
filling in land with, prohibited 252 
horses to be tagged 9 
interference with 7 
placing in street or public waters 8 
reporting and removal of, when not fit for food 6 
sale of, regulated 162 
skinning of, restricted and regulated 323,324 
removal of, with dispatch and inoffensive manner 243 
vehicles for removal of, regulated 244 
Diseased: 
bringing into city, prohibited 4 
farcy and glanders to be reported, destruction 3 
rabid, surrender of, and destruction 10 
Dogs: 
bites, to be reported 10 
nuisance from, prohibited 227 
muzzling and leashing 17 
sale of, regulated, permit 18 
rabid, vicious, surrender and destruction 10 
Foxes, prohibited 22 
Glanders, reportable 3,86 
Geese, permit to keep 11 
Goats, permit to keep 11 
Hair for manufacture 230 
Horses, permit to keep 11 
Horses, to be tested for glanders 21 
Horses, slaughter and sale regulated 327 
Horse watering trough, prohibited 314 
Lions, prohibited 22 
Noise from, prohibited 215 
Pigs, permit to keep 11 
Poultry (live), permit to sell and permit to keep 19 
Psittacine birds—see “Birds” 
Rabid, duty to report 10 
Rabbits (live), permit to sell and permit to keep 19 
Small, sale regulated, permit to keep 18 
Sheep, permit to keep 11 
Shelter for homeless, permit 16 
Slaughter of, regulated, permit 325 
Slaughter of, restricted 326 
Snakes, prohibited 22 
Stables for, regulated, permit 58 
Swine, permit to keep 11 
Wolves, prohibited 22 
Wild animals, prohibited 22 
ANTITOXINS—see “Biological Products” 
ANTHRAX, to be reported 86 
ARSENIC, poisoning by—see “Occupational Diseases” 
ASHES 
Collection of, interference with 316 INDEX TO SANITARY CODE 
131 
ASHE S—Cont inu ed 
Section 
Defined 2 
Discharge of, into outer air 212 
Employees, Department of Sanitation, not to be interferred with 315 
Receptacles 248 
Receptacles of, interference with 249,316 
Removal of, regulated 248,250 
Sieved, agitated or exposed, prohibited 253 
Transportation, regulated 240 
Throwing into streets and vacant lots, prohibited 315 
Vehicles spilling on streets, prohibited 317 
AUTHORITY 
Animals and food, condemnation and destruction 137 
Drugs and cosmetics, condemnation and destruction 129 
Food and drugs, to inspect 136 
Milk and cream, seizure and destruction 153 
AUTOMOBILES 
Dense smoke, discharge of, prohibited 211 
Loud and explosive noises, prohibited 229 
BACTERIAL ORGANISMS 
Insecticides, use thereof, prohibited 104 sub. (e) 
Disease prevention or treatment, use regulated 120 
BAKERY, defined 2 
BAKERY STORE, conduct and maintenance 150 
BARBER SHOP 
Hair dyes and cosmetics, use of, regulated 128 
Fee for permit 191 
Permit to conduct 335 
BARBITAL DRUGS, defined and regulated 126 
BARRELS, unclean food receptacles prohibited 180 
BATHING ESTABLISHMENTS 
Permit to maintain 340 
Safeguards required, ocean 341 
BATHROOMS, sleeping in, prohibited 62 
BEAUTY PARLOR-see “Barber shop” 
BEDDING 
Conveying on public vehicle, restricted 302 
Not to be cast into public waters 356 
On vessels, regulated 359 
BELLS, gongs, etc., noise from, prohibited 228 
BENZOL (benzine) and derivatives—see “Occupational Diseases” 
BEVERAGE—see “Drinks” 
BICHLORIDE OF MERCURY, sale regulated 125 
BIOLOGICAL PRODUCTS 
Date of expiration and labelling 116 sub.(d) 
Expiration date, not to be sold after 118-a 
Free distribution, regulated 121 
Living organisms, etc., use regulated 120 132 
INDEX TO SANITARY CODE 
BIRDS 
Section 
Carcasses, sale regulated 160, 172 
Infected or exposed to psittacosis, to destroy immediately 20 
Noise from, prohibited 215 
Psittacine family, prohibited 20 
Sale of, regulated, permit 18 
BIRTHS—see “Live Births” 
BLEACHED FLOUR, to be marked 141-a 
BLOOD (Human) 
Banks, regulated 108 
Donors, voluntary and professional, regulated 108 
Donor agencies, permit 109 
Fee for donor agency, permit . .191 
BLOOD (Animal) 
Boats with, docking at piers, permit 245 
Disposal into sewers, rivers, etc., prohibited 234 
Storage of, permit 324 
BOARD and care of children regulated, permit 197 
BOARD OF HEALTH 
Defined 2 
Orders and regulations to be obeyed 184 
BOARDING HOUSE 
Defined 2 
Overcrowding, prohibited 56 
Seamen, illness of, to be reported 362 
Toilets to be provided and maintained 284 
BOATS—see “Vessels” 
BONES 
Collection and transportation of, permit 241 
Boiling and grinding of, prohibited in Manhattan 323 
Boiling and grinding of, regulated, permit 324 
BOTTLES, CANS AND RECEPTACLES 
Milk and cream, regulated and restricted 159 
Milk and cream, when empty, not to be contaminated 159-a 
Throwing in street, prohibited 315 
Unclean, used for food, prohibited 180 
BRASS, poisoning from—see “Occupational Diseases” 
BUILDINGS 
Defined 183 
Ceiling, to be clean 60 
Cellar: 
defined 2 
sleeping in, phohibited 62 
dwelling purposes in, regulated 54 
Cinders, dust, gas, steam, offensive odors from, prohibited 212 
Conditions, dangerous or prejudicial to life, forbidden 52 
Dense smoke from, prohibited 211 
Demolition of, materials to be wet to lay dust 253 
Drain, soil pipes, sewer connection, etc.—see “Plumbing, Drainage and 
Sewerage” 
Heating of 225 
Nuisance conditions, dangerous to life or health 53,183 
Roofs and skylights, in good repair 59 
Strength, ventilation, light and sewerage 52 
Toilets to be provided 284 
Walls and windows, in good repair 59 
Walls, to be clean 60 
Water tanks on roofs regulated 61 INDEX TO SANITARY CODE 
133 
BURIALS—see “Deaths, Fetal Deaths and Dead Bodies” 
Section 
BUSINESS—see “Trades, Occupations and Businesses”, also particular 
subjects 
BUTCHER, defined 2 
BUTCHER’S OFFAL 
Accumulation, retention and disposal of, regulated 242 
Disposal of, restricted 234 
Transportation of, regulated 239 
BUTTER 
Defined, and adulterations of 152 
Sale and manufacture, permit 151-a 
Unwholesome, unclean, etc 151 
Whipped butter, permit to whip 151-c 
BUTTERMILK AND CULTURED BUTTERMILK 
Defined 2 
Sale at wholesale, permit 155 
CADMIUM in faucets, tanks, fountains, etc., prohibited 145 
CAMPS 
Agencies sending children to, required to register 217-a 
Establishment and maintenance in City, permit 217 
Trailer camps, regulated, permit 217-b 
CANDY to be protected from dust, dirt, flies, etc 142 
CAISSON DISEASE—see “Occupational Diseases” 
CANNISTER AND GAS MASK FOR FUMIGATION 104 sub. (f) 
CANS—see “ashes” also “Botttles, Cans and Receptacles” 
CANNED POULTRY—see “Foods” 
CARBOUIC ACID, sale regulated 123 
CARBONATED DRlNK—see “Drinks” 
CARBON DISULPHIDE, poisoning from—see “Occupational Diseases” 
CARBON MONOXIDE, poisoning from—see “Occupational Diseases” 
CARBON TETRACHLORIDE, poisoning from—see “Occupational Diseases” 
CARCASSES, sale restricted and regulated 160,172 
CARGO, discharge of, regulated 358 
CARPETS, shaking or beating in the open 253 
CARRIERS OP Communicable Disease—see “Communicable Diseases and 
Conditions” 
CARS—see “Railway cars and other Public Vehicles” 
CARTS—see “Ashes”, also “Garbage, Refuse and Rubbish” 
CATTLE—see “Animals” 
CATS—see “Animals” 
CELLAR—see “Buildings” 
CEMETERY AND CREMATORY 
New, permit 45 
Persons in charge, to register 43 
Weekly returns of receipt and disposition of bodies 44 
CERTIFIED MILK—See “Milk and Milk Products” 134 
INDEX TO SANITARY CODE 
CESSPOOLS 
Section 
Contents, nuisance prohibited 235 
Construction • • 287 
Disinfection and removal of contents 236 
Deposit of offal, garbage, etc., prohibited 237 
Vehicles conveying contents 244 
CHANCROID, to be reported 88 
CHEESE—see “Food” 
CHEMICALS, ADDITION OF, TO WATER SUPPLY 
Business of, regulated, permit 170 
Fee for permit 191 
CHEMIST CERTIFICATE, presumptive evidence 188 
CHICKEN POX (Varicella), to be reported 86 
Exclusion of children 94 
Exclusion of teachers, etc 95 
Isolation, etc 89 
Isolation in institutions • • 96 
CHICKENS, permit to keep 19 
CHILDREN 
Agencies giving day care to, regulated, permit 198 
Board and care of, regulated, permit 197 
D seases requiring exclusion from school or agency giving day care 96 
New born, prevention of ophthalmia neonatorum 201 
School, certificate of admission 200 
Vaccination of, duty of parents •• 199 
CHOCOLATE FLAVORED DRINK AND CHOCOLATE MILK 
Definitions 2 
Sale, other than retail, permit 155 
Sale in bulk, prohibited, exception 159-c 
CHOLERA (Asiatic) 
Duty to report 86 
Isolation and quarantine • • 89 
Isolation in institutions 96 
CHURCH, ventilation and conditions 57 
CIGARETTES, CIGARS AND TOBACCO 
Common cigar cutter, prohibited 343 
Manufacture of, regulated 338 
Smoking of, in subways prohibited 216 
CINDERS, escape of, prohibited 12 
CIRCULARS, distribution of, restricted 318 
CLINICAL LABORATORY, regulated, permit 105 
CLINICS FOR COMMUNICABLE DISEASE, regulated 102 
COAL, sieving or agitating 253 
COCOA FLAVORED DRINK AND COCOA MILK 
Definitions 2 
Sale, other than retail, permit 155 
Sale in bulk, prohibited, exception 159-c 
COLD STORAGE—see “Food” 
COLORING—see “Food” 
COMMON TOWEL, use prohibited 214 INDEX TO SANITARY CODE 
135 
COMMUNICABLE DISEASES AND CONDITIONS Section 
Abortions (criminal), to be reported 86,90 
Acts tending to promote spread of disease, prohibited 100 
Carriers: 
foodhandler, prohibited 146 
isolation of 89 
isolation in institutions of diphtheria carrier-virulent 96 
removal of, authorized and regulated 97 
reporting of, • • 86 
Children, exclusion from schools, etc 94 
Contacts, defined, isolation, quarantine and exclusion of, regulated 89 
Contacts, teachers, instructors, etc., exclusion 95 
Conveying through streets, permission 98 
Diseases and conditions, to be reported 86 
Disinfection, cleansing and renovation (concurrent and terminal) 101 
D'spensary, duty to report persons affected with 86 
Drug poisoning—due to self-medication, to be reported 86 
Duty of every person to report persons affected with 87 
Foodhandler in household, to be reported 86 
Food poisoning (group of cases), to be reported 93 
Exclusion of children from school, etc 94 
Exlusion of contacts regulated 89 
Exclusion of teachers, instructors, etc 95 
Hospital, duty to report persons affected with 86 
Hospital not to receive without permission 98 
Institutions, duty to report persons affected with 86 
Isolation room in institution to be provided, persons affected with, to be 
isolated 96 
Isolation, quarantine of premises and exclusion of contacts 89 
Manufacturing in homes, regulated 99 
Occupational diseases and injuries: 
duty of employer to prevent 337 
to be reported • • 86, 92 
Physician, duty to report persons affected with 86 
Quarantine of premises, regulated 89 
Removal of persons affected with, authorized 97 
Tuberculosis records, confidential 86 
Undertaker, duty in certain communicable diseases 103 
Venereal disease records, confidential 88 
Vessels, sick seamen and passengers of, to be reported 351 
(See also “Vessels”) 
CONCENTRATED MlLK—see condensed milk under “Milk and Milk 
Products.” 
CONDEMNATION 
Food (cattle, sheep, swine, or other animals, fowl or other birds, meat, 
fish, etc.) 137 
Drug, medicine, hair dye, cosmetic, toilet peparation, etc 129 
Milk and cream 153 
CONDENSED MlLK—see “Milk and Milk Products” 
CONDIMENTS AND CONFECTIONS—defined as “food” 2 
CONFIDENTIAL RECORDS 
Deaths, confidential medical report 33 
Fetal deaths, supplementary medical report 32 
Live birth, supplementary medical report 31 
Proprietary and patent medicines 117 
Tuberculosis report 86 sub. 3 
Venereal disease reports 88 
CONJUNCTIVITIS, acute, infectious, when reportable 86,91,201 
CONTACTS (communicable disease), defined, exclusion and isolation 
regulated 89 136 
INDEX TO SANITARY CODE 
CONTRACTOR 
Provide temporary privy during construction work 285 
Must comply with provisions of sanitary code 182 
Section 
COSMETICS 
Aniline derivative, regulated 128 
Condemnation authorized 129 
Contaminated, sale prohibited 118 a 
Hair dyes and toilet preparations regulated 128 
Wood alcohol, prohibited 124 
COUGHING AND SNEEZING, mouth and nose to be protected 226 
COWS—see “Animals” 
CREAM—see “Milk and Milk Products’ 
CREMATION OF DEAD BODIES, permit 42 
CREMATORY—see Cemetery and Crematory” 
CULTURE—see “Biological Products” 
DAY NURSERY, defined as “Agency giving day care to children”, permit. .198 
DEAD ANIMALS—see “Animals” 
DEATHS, FETAL DEATHS AND DEAD BODIES 
Confidential medical reports of deaths and fetal deaths 32,33 
Duty of person to report discovery of dead body 41 
False certificates, statements, etc. forbidden 36 
Forging certificates, forbidden 36 
Fetal death defined 32 
Funeral in certain diseases, regulated 103 
Hospitals, to report, register to be kept 32, 33 
Medical examiner, to report 32,33 
Midwife, to report fetal deaths, register to be kept 32 
No fee to be charged for filing certificate 34 
Not to be retained or exposed (dead bodies) 39 
Not to be retained unburied 40 
Order of commissioner, to file report • • 34 
On boat and vessels, duty to report 357 
Parents, when to report fetal death 32 
Permit to carry or convey dead body, exception 37 
Permit for interment, cremation or disposition 42 
Physician to report, register to be kept 32,33 
Undertaker, duty in certain communicable diseases 103 
Undertaker, duty to file certificates 32,33 
Definitions 2 
DENSE SMOKE, prohibited •• 211 
DIARRHEA in the new-born, when reportable 86 
DIPHTHERIA 
Duty to report • * 86 
Exclusion of children 94 
Exclusion of teachers 95 
Isolation, etc 89 
Isolation in institutions 96 
DISINFECTION (concurrent and terminal) 101 
DISEASES—see “Communicable diseases and conditions” 
DISEASED ANIMALS—see “Animals” 
DISHES, sterilization 144 INDEX TO SANITARY CODE 
137 
DISPENSARIES, regulated (see also “Communicable diseases and condi- 
tions”) 102 
DOCKS, for garbage, etc., regulated 246 
DOGS—see “Animals” 
DRAINAGE, DRAINPIPES—see “Plumbing, Drainage and 
Sewerage” 
DRIED MILK, defined 2 
DRINKS 
Adulterated or misbranded, defined, prohibited 139-b 
Cadmium, prohibited metal in taps, faucets, tanks, etc 145 
Drink as a food 2 
Fraudulent representation 118 
False and misleading labeling, prohibited 139-b 
Fruit drinks, sale regulated, permit 165-a 
Lead, prohibited metal in taps, faucets, tanks, etc 145 
Lemonade, sale regulated, permit 165-a 
Manufacture and storage of, regulated 148 
Non-alcoholic carbonated drink or beverage, defined 139-b 
Orangeade, sale regulated, permit 165-a 
Pushcarts, sale regulated, single service containers 144 
Saccharin, to be declared 139-b 
Sale under false name, prohibited 140 
Soda water and soft drinks, sale regulated, permit 165-a 
Unwholesome, prohibited 140 
Utensils: 
use in common, prohibited 143 
properly cleansed 144 
weights and measures to be correctly stated 139-b 
DRUGS AND MEDICINES 
Adulterated and misbranded, defined, prohibited 116 
Alcohol—see “Alcohol” 
Barbital, or other hypnotic or somnifacient, defined and regulated 126 
Bichloride of mercury, sale regulated 125 
Biologicals—see “Biological Products” 
Carbolic acid, sale regulated 123 
Condemnation of 129 
Contaminated, defective, etc., prohibited 118-a 
Distribution of samples of, regulated 119 
Drugs, defined 116 
Fraudulent representation, prohibited 118 
Harmful drugs, defined and regulated 126-a 
Hospitals, to label 220-a 
Hypodermic syringe, unlawful possession 132 
Inspection of, authorized 136 
Manufacture and sale, regulated 116 
Patent and proprietary, registration 117 
Possession of, prima facie, for sale 138 
Poison, sale and distribution, regulated 122 
Poisoning by, (not suicidal) to be reported 86 
Prescription: 
filing and manner of filing 117 
ingredients not to be substituted for 118 
required for bichloride of mercury 125 
required for barbital, hypnotic, etc 126 
required for carbolic acid 123 
required for harmful drugs 126-a 
required for valerian or valerianate 127 
Room, factory, etc., to be clean 147 
Samples of, distribution, regulated 119 
Streets, sale of, prohibited 119-a 
Valerian or valerianate, sale of, regulated 127 138 
INDEX TO SANITARY CODE 
DRY SWEEPING Section 
Public vehicles and places, prohibited 301 
Sidewalks, prohibited 53 
DUST 
Discharge of, prohibited 212 
Removal from workrooms, suction devices to be provided 339 
Sieving on streets, etc 253 
Sweeping into street after 8 A.M., prohibited 315 
Sweeping of street, sprinkling of water required 53 
DWELLING, sanitary conditions 54 
DYSENTERY 
Amebic and Bacillary, to be reported 86 
Isolation, etc 89 
EATING AND DRINKING UTENSILS 
Use in common, prohibited 143 
Properly cleansed after use 144 
EGGS—see “Food” 
ENCEPHALITIS, epidemic and acute, to be reported 86 
EVAPORATED MlLK—see condensed milk under “Milk and 
Milk Products” 
EVIDENCE 
Certificate of chemist, presumptive evidence 188 
Possession of food or drugs, prima facie, deemed for sale 138 
Possession of “spots” or “spot eggs,” prima facie, deemed for 5a1e.331 sub. (b) 
EXCLUSION FROM SCHOOL, ETC.—see “Communicable diseases 
and conditions” 
EXPOSURE TO DISEASE—see also “Communicable diseases and 
conditions” 
Animals not to be brought into City 4 
Needless exposure, prohibited 100 
School children and day agencies 94 
School employees 95 
EXTERMINATOR—see “Fumigants, Exterminators and Insecticides” 
EYES, new-born, prevention of ophthalmia neonatorum 201 
FACTORY—see also specific subjects. 
Accomodations and safeguards, to be provided 55 
Cleaning, heating, lighting and ventilation of, requirements 55 
Defiinition of 2 
Dust, gases, etc., suction devices to prevent 339 
Manufacture and storage of food and drink, regulated 148 
Occupational diseases, duty of employer to prevent 337 
Overcrowding, prohibited 56 
Responsibility, joint and several 51 
Sanitary conditions, generally 55 
Spitting, forbidden 213 
Towel, use of in common, prohibited 214 
Toilets, duty to provide and maintain 284 
FALSE 
Application for permit or for any purpose, forbidden 187 
Certificates of birth or death, forbidden 36 
Drugs, false or fraudulent representation, prohibited 118 
Food and drink, sale of, under false name or quality, forbidden 140 
Return, report, or statement, in matter legally required, forbidden 187 INDEX TO SANITARY CODE 
139 
FARCY—see “Animals” Section 
FAT RENDERING 
Permit 329 
Restrictions concerning 324 
FAUCETS AND FOUNTAINS, for food and drink, not to be made 
with cadmium or lead 145 
FEATHERS, agitation or exposure, prohibited 253 
FEES, for permits 191 
FENCE, sunken lots to be provided with 251 
FERTILIZER, manufacture restricted 324 
FETAL DEATHS—see “DEAD BODIES, Deaths and Fetal Deaths” 
FILLING IN LAND with garbage, etc., prohibited 252 
FISH 
Defined 2 
Boiling of, business regulated, permit 324 
Refuse from, to be removed daily 247 
Sale of in streets, regulated . 150-a 
Shellfish—see “Food” 
Smoking and preparing of, regulated, permit 330 
Unwholesome, sale of, prohibited 160,163 
FLOUR 
Bleached, to be marked 141-a 
FLUORIDE, sale of, regulated 104 
FOOD 
Adulterated and misbranded, defined, prohibited 139 
Animals: 
dead, sale of, regulated 162 
diseased, sale prohibited 139 sub. 4,163 
Almond paste, adulterated and misbranded, prohibited 139-d 
Butter: 
defined, adulteration of , 152 
sale and manufacture of, permit 151-a 
unwholesome, unclean, etc 151 
whipped, permit to whip 151-c 
Canned poultry or poultry products, regulated 163 
Canned eggs, regulated 331 sub. (b) 
Carcasses of calves, pigs and other animals, inspection and sale, 
regulated 160,172 
Cheese: 
adulterated, prohibited 151 
cream, defined 151-a 
sale and manufacture of, permit 151-a 
Cold storage: 
defined 71 
fact of storage, to be represented 74 
marking of 72 
released, not to be returned again to 74 
time limit for storing in 73 
Coloring; 
beverages and drinks 139-b 
food, in general 139 sub. 5 
frozen desserts (ice cream, etc.) 176 
gelatin, food 178 
sausage 139-a 140 
INDEX TO SANITARY CODE 
FOOD—Continued. Section 
Cream—see “Milk and Milk Products” 
Drink—see “Drinks” 
Eggs: 
breaking out, business regulated, permit 331 
canned, frozen, dried and broken, regulated 331 sub. (a) 
sale of, q.t wholesale, permit 151-a 
spot and spot eggs, defined, sale prohibited, presumption 
of sale 331 sub. (b) 
Exterminators and insecticides (food establishments) 104 
False name or quality, not to be sold under 140 
Fish: 
defined 2 
refuse from, to be moved daily 247 
sale of, in street, regulated 150-a 
smoking and preparation of, regulated, permit 330 
unwholesome, sale of, prohibited 160,163 
Flour, bleached; to be labelled 141-a 
Food poisoning (group of cases), to be reported 93 
Fowl: 
defined as “meat” 163 
sickly, diseased, not to be brought into City 160 
Frozen desserts (ice cream) and ice cream mix adulteration 
and misbranding 176 
definitions 175 
manufacture and sale, regulated 175 
permit to manufacture, etc 177 
permit fees 191 
Gelatin (food), defined, sale of, regulated 178 
Imitation milk and cream, prohibited 179 
Inspection of, authorized 136 
Inspection of carcasses and poultry 172 
Kernel paste, adulterated and misbranded, prohibited 139-d 
.. Manufacture and storage of 148 
Meat: 
defined 2,163 
adulterated processed meat 140-a 
carcasses, sale regulated 160,172 
dead animals, sale regulated 162 
horse flesh, slaughter and sale 327 
pumping device on vehicles, prohibited 140-a 
smoking and preserving of, regulated, permit 330 
unsound and unwholesome, sale prohibited 163 
Milk—see “Milk and Milk Products” 
Poisonous, deleterious, etc., prohibited 141,147 
Possession of, prima facie, for sale 138 
Poultry 
defined 19 
canned; unwholesome prohibited 163 
sale and inspection 172 
sickly, not to be brought into city 160 
unsound, sale prohibited 163 
Live: 
keeping and sale of, permit 19 
slaughter of, permit 325 
slaughter of, permit fee 191 
Preservatives: 
Drinks containing prohibited preservatives, adulteration 139-b 
Use of, in food to be declared 139 sub. 6 
Protection of, from dust, dirt, flies, etc 142 
Receptacles of, to be clean 180 
Restaurant, for sale of 149 
Sale of, at wholesale, regulated 148 
Stores, care and sale of, regulated 150 INDEX TO SANITARY CODE 
141 
FOOD—Continued Section 
Sausages: 
adulterated and misbranded, prohibited 139-a 
manufacture and preparing of, permit 330 
Shellfish: 
adulterated and misbranded, prohibited 171 
condemned areas, taking from, prohibited 164-a 
defined, sale regulated, permits and registration 164 
refuse from, to be removed daily 247 
sale in streets, prohibited, exception 150-a 
Smoking and preserving meats, sausage and meats, regulated, permit ..330 
Soft drinks, sale regulated, permit (see also “Drinks”) .* 165-a 
Syrup, manufacture, permit 148-a 
Unsound or unwholesome, sale prohibited 163 
Unwholesome substances in 141 
Utensils, for eating or drinking of: 
properly cleansed, after use 144 
use in common, prohibited 143 
Whipped butter, permit to whip 151-c 
FOODHANDLER 
Carrier, not to be employed as 146 
Diseased in communicable form, not to be employed 146 
Duty to report in certain diseases, if in household 86 
Exclusion from work, if a contact 89 
FOOD POISONING, (group of cases) to be reported 93 
FOUNTAINS, use of lead or cadmium in manufacture of, prohibited 145 
FROZEN DESSERTS—see “Food” 
FUNERAL DIRECTORS—see “Undertakers” 
FUMES, removal of, by suction devices 339 
FUMIGANTS, EXTERMINATORS AND INSECTICIDES 
Bacterial organisms, prohibited 104 sub. (e) 
Business of, regulated, permit 104 
Definitions 104 
Fluorides, sale and use of, regulated 104 
Gas mask, use and sale of, regulated 104 sub. (f) 
Operator permits 104 
Permit fees 191 
Poisons, used as, to be labeled 104 sub. (b) 
FURS, contaminated; condemnation authorized 129 
GARBAGE, REFUSE AND RUBBISH 
Accumulation, retention and disposal of 242,212 
Boats and docks with, regulated 245,246 
Boiling of offal in Manhattan, prohibited 323 
Boiling of offal or of offensive vegetable matter, regulated, permit ....324 
Definitions 2 
Disposal of, restricted 234 
Employees, Department of Sanitation, not to be interfered with 315 
Filling in land with, prohibited 252 
Receptacles for 248 
Receptacles, not to be interfered with 249,316 
Removal of, regulated 242,243,248,290 
Sidewalks, to be kept free from 53 
Throwing into lots and streets, prohibited 315 
Transportation of, regulated 239, 240 
Vehicles for removal of, regulated 244 
Vehicles, spilling, etc., on streets, prohibited 317 142 
INDEX TO SANITARY CODE 
GAS Section 
Flexible gas tubing, manufacture of, regulated 344 
Manufacture of, regulated and restricted 333 
Nuisance caused by discharge of, prohibited 212 
Piping, to be kept in good repair 277 
Removal from workrooms, suction devices to be provided 339 
GAS TUBING, sale and use, regulated 344 
GAS MASKS for fumigation, regulated 104 sub. (f) 
GELATIN (food) defined, sale of, regulated 178 
GERMAN MEASLES (Rubella or Rotheln) 
To be reported 86 
Exclusion of children 94 
Exclusion of teachers, etc 95 
Isolation, etc 89 
GLANDERS, to be reported (see also “Animals”) 86 
Isolation, etc 89 
Isolation in institutions 96 
GLASS, finely spun, labelling of, product 223 
GLUE, making of, regulated 324 
GOATS—see “Animals” 
GONOCOCCAL INFECTION (Gonorrhea), to be reported 88 
GUT CLEANING, restricted 324 
GUTTERS 
Cleaning of 311 
Obstruction of, prohibited 312 
GYMNASIUM, ventilation and sanitary conditions 57 
HAIR, escape of bits of loose 253 
HAIR, articles containing, manufacture and sale of 230 
HAIR BRUSHES, manufacture and sale of, regulated 23U 
HAIRDRESSING, business of, regulated, permit 335 
HAIR DYES 
Aniline derivatives, use and sale of, regulated 128 
Contaminated, condemnation authorized 129 
HANDBILLS, distribution, restricted 318 
HARMFUL DRUGS, defined and regulated 126-a 
HEATING 
Buildings 225 
Railroad cars, public vehicles, ferryboats 304 
Theatres, etc 55 
HIDES 
Business of skinning, tanning, etc., regulated 323,324,328 
Contaminated, condemnation authorized 129 
HOMOGENIZED MlLK—see “Milk and Milk Products” 
HORSES—see “Animals” 
HORSE MEAT, slaughter and sale, regulated 327 
HORSESHOEING ESTABLISHMENT, regulated 342 INDEX TO SANITARY CODE 
143 
HOSPITALS AND INSTITUTIONS Section 
Abortion and miscarriage (criminal) to be reported 86,90 
Communicable diseases, carriers of disease, occupational diseases, and 
other conditions, duty to report, isolation, etc.—see “Communicable 
Diseases and Conditions.” 
Deaths and fetal deaths, occurring in—see “Deaths, Fetal Deaths and 
Dead Bodies”. 
Drugs, all to be labeled 220-a 
Live births, duty to report; register to be kept 31 
Lying-in institutions and new-born nurseries, regulated 110 
HOUSEBOATS, use thereof regulated, permit 360 
HYPODERMIC SYRINGE 
Possession for drug use, restricted 132 
Vehicles transporting meat, prohibited 140-a 
ICE CREAM, ICES AND ICE CREAM MlX—see frozen desserts under 
“Food”. 
ILLUMINATING GAS, poisoning from—see “Occupational Diseases.” 
IMPETIGO CONTAGIOSA NEONATORUM, etc., to be reported 86 
INFLUENZA, to be reported 86 
INSECTICIDES—see “Fumigants, Exterminators and Insecticides”. 
INSTITUTIONS—see “Hospitals and Institutions”. 
INSPECTION 
Food and drugs, authorized 136 
Interfering with inspector 186 
Interfering with employees, Department of Sanitation 315 
INTERMENT—see “Deaths, Fetal Deaths and Dead Bodies”. 
ISOLATION—see “Communicable Diseases and Conditions”. 
KERNEL PASTE, sale regulated 139-d 
LABORATORIES 
Clinical, regulated, permit 105 
X-Ray, regulated, permit 107 
LAMPBLACK, business of; regulated, permit 332 
LAUNDRIES, public; regulated 336 
LEAD 
Faucets, tanks, fountains, etc., use of, prohibited 145 
Nipple shields, use or sale of, prohibited 11l 
Poisoning from—see “Occupational Diseases” 
LEPROSY 
Duty to report 86 
Isolation, etc 89 
LEPTOSPIROSIS Icterohemorrhagica (Weil’s disease), duty to report .... 86 
LIGHT 
Defined 2 
Building, adequacy of 52 
Depots, railroad cars, ferryboats, etc 305 
Factories and workrooms • * 55 
Theatres 55 
LIME, sieving in the open, prohibited 253 144 
INDEX TO SANITARY CODE 
LIVE BIRTHS Section 
Ambulance service, occurring on, to be reported 31 
Duty of physician, midwife, hospitals, etc. to report 31 
False statement, forgery, etc , 36 
Fee, not to be charged for certificate of 34 
Reporting of, regulated 31 
Supplementary medical report of 31 
Vessels, occurring on; master to report 357 
LIVING ORGANISMS—see “Biological Products” 
LODGING HOUSE 
Defined 2 
Common eating and drinking utensils, prohibited 143 
Overcrowding, prohibited 56 
Regulated, permit to maintain 334 
Seamen, illness to be reported 362 
Spitting forbidden 213 
Toilets, to be provided 284 
LOOSE MILK, CREAM, ETC.—see “Milk and Milk Products” 
LOTS 
Accumulations of water on, prohibited 251 
Drainage of 272 
Fence to be provided 251 
Filling in, materials prohibited 252 
Garbage, etc., not to be thrown on 251,315 
To be kept clean 251 
Poison ivy and ragweed growth prohibited 221 
LYING-IN INSTITUTIONS, regulated 110 
LYMPHOGRANULOMA VENEREUM, to be reported 86 
MALARIA, to be reported 86 
MALTED MILK, defined 2 
MANICURING, (Beauty Parlor) permit 335 
MANUFACTORIES—see “Factory” and specific subjects. 
MANURE—see “Garbage, Refuse and Rubbish” 
MARSH LAND, drainage of 272 
MASTER PLUMBERS, license and metal plates 288 
MATS, particles from shaking and beating, prohibited 253 
MATTRESS, burning or depositing on street, permit 242 
MEASLES (Rubeola) 
Duty to report 86 
Exclusion of children 94 
Exclusion of teachers, etc 95 
Isolation, etc. 89 
Isolation in institution 96 
MEAT—see “Food” 
MEDICAL EXAMINER 
Deaths, duty to report 33 
Fetal deaths, duty to report 32 
MEDICINES—see “Drugs and Medicines” 
MENINGITIS MENINGOCOCCUS (Epidemic cerebro-spinal meningitis) 
Duty to report 86 
Exclusion of children 94 
Exclusion of teachers, etc 95 
Isolation, etc 89 INDEX TO SANITARY CODE 
145 
MERCURY, poisoning from—see “Occupational Diseases” Section 
METALS 
Cadmium or lead in faucets, fountains, etc., prohibited 145 
Refining regulated, permit 332 
METHYL ALCOHOL (Wood Alcohol)—see “Alcohol” and 
“Occupational Diseases” 
MIDWIVES 
Fetal deaths, duty to report and keep register 32 
Fee for permit to practice 191 
Fee, not to be charged for filing birth or fetal death certificate 34 
Live births, duty to report and keep register 31 
Ophthalmia neonatorum, precautions 201 
Practice of midwifery regulated, permit 196 
MILK AND MILK PRODUCTS 
Adulterations, unwholesome, unclean 151 
Adulterations of milk, cream and butter 152 
Authority to condemn and destroy food in general 137 
Authority to seize and destroy adulterated milk, cream, etc 153 
Bottles, cans and receptacles, use regulated 159 
Bottles, cans and receptacles, (empty), contamination 159-a 
Butter, defined, adulterations 152 
Butter, sale and manufacture, permit 151-a 
Butter, whipped; permit 151-c 
Buttermilk and cultured buttermilk, defined 2 
Buttermilk, quality of product regulated 158 
Certified milk and cream 156 
Cheese, adulterated 151 
Cheese, (cream), defined 151-a 
Cheese, sale and manufacture, permit 151-a 
Chocolate and cocoa milk, defined 2 
Chocolate and cocoa flavored drinks, defined 2 
Condensed milk (concentrated, evaporated, also sweetened), defined 2 
Condensed milk, regulated 154 
Condensed skimmed milk, defined 2 
Cream, defined 2 
Dispensing devices, to be satisfactory 159-b, 159-c 
Dried milk and dried skimmed milk, defined 2 
Emergency distribution of milk 157-a 
Fermented milks, quality of product 158 
Foodhandlers, milk and cream, medical certificates required 146 
Frozen desserts (ice cream, ice cream mix, etc.) see “Food” 
Grades and designations of milk and cream, regulations 156 
Homogenized milk, defined 2 
Homogenized milk, regulated 155-b 
Imitation milk and cream, prohibited 179 
Inspection authorized 136 
Loose milk, prohibited, exception 159-b 
Loose cream, buttermilk, etc., prohibited, exception 159-c 
Malted milk, defined 2 
Milk, defined 2 
Matzoon, quality of product 158 
Modified milk, defined 2 
Permit required for sale and transportation, exception 155 
Skimmed milk, defined 2 
Skimmed milk, to conform to grade standards 157 
Sour milk and cream, quality of product 158 
Unwholesome, unclean or adulterated 151 
Vitamin D milk and milk products, regulated, permit 155-a 
Zoolak, quality of product 158 
MISCARRIAGE (fetal death)—see ‘“Deaths, Fetal Deaths and Dead Bodies” 
MISFEASANCE AND NONFEASANCE 181 146 
INDEX TO SANITARY CODE 
Section 
MODIFIED MILK, defined 2 
MOSQUITOES, drainage of lots to prevent 272 
MUMPS (parotitis, epidemic) 
Duty to report 86 
Exclusion of children 94 
Exclusion of teachers, etc 95 
Isolation, etc 89 
Isolotion in institutions 96 
NEW-BORN NURSERIES, regulated 110 
NIGHT SOIL—see “Garbage, Refuse and Rubbish.” 
NIPPLE SHIELDS (lead), use and sale prohibited 11l 
NOISE, from 
Automobiles and vehicles, prohibited 229 
Bells, gongs, etc., prohibited 228 
Birds and animals, prohibited 215 
Boats and other water crafts, prohibited 361 
Radios, phonographs, etc., prohibited 215-a 
NOTICES of the Department, not to be mutilated or torn down 189 
NUISANCE 
Abatement 185 
Ashes, discharge or escape of 212 
Cesspools, vaults, privies, etc 235 
Cinders, discharge or escape of 212 
Conditions (in general), dangers to life and health 183 
Dead or diseased animals, removal of 243 
Dogs, to be controlled not to commit 227 
Dust, discharge or escape of 212 
Dust and other materials, exposure 253 
Fish, refuse, etc., disposal of 247 
Gas and offensive odors, discharge or escape of 212 
Joint and several responsibility 51 
Odors, offensive or noisome, prohibited 212 
Odors, from gas works, prohibited 333 
Offensive and noxious substances, removal of 243 
Sidewalks, or in or about buildings 53 
Steam, discharge or escape of 212 
Vehicles, to be kept inoffensive 244 
Waste, soil, and vent pipes not to create 281 
NURSE 
Hypodermic syringe, possession authorized 132 
Ophthalmia neonatorum precautions 201 
Qualifications 219 
NURSERIES, new-born, regulated 110 
NURSERY SCHOOLS, defined in “Agency, giving day care to children”. . . .198 
OCCUPATIONAL DISEASES AND INJURIES 
Duty of employer to prevent 337 
Reporting of, required 86,92 
OCCUPATIONS AND BUSINESSES—see “Trades, Occupations and Busi- 
nesses” 
OCEAN BATHING, regulated 341 
ODORS—see “Nuisance” 
OFFAL—see “Garbage, Refuse and Rubbish” INDEX TO SANITARY CODE 
147 
Section 
OFFENSIVE CONDITIONS—see “Nuisance” also “Garbage, Refuse and 
Rubbish” 
OFFENSIVE TRADES, OCCUPATIONS AND BUSINESSES—see “Trades, 
Occupations and Businesses” 
OIL BOILING, regulated, permit 332 
OPHTHALMIA NEONATORUM 
Duty to report 91 
Precautions to be observed 201 
ORDERS OF BOARD 
Abatement of nuisance 185 
To be observed and obeyed 184 
ORES, refining of, regulated, permit 332 
OVERCROWDING, in factories, boarding and lodging houses, etc., prohibited. 56 
OWNER, LESSEE, TENANT, etc., joint and several responsibility 51 
OYSTERS—see shellfish under “Food” 
PARATYPHOID FEVER 
Duty to report 86 
Isolation 89 
PATENT AND PROPRIETARY MEDICINES—see “Drugs and Medicines” 
PERMIT 
Defined 2 
Fees and general provisions 191 
Revocation by commissioner, appeal 191 sub. (e) 
PERMIT REQUIRED FOR 
Agency giving day care to children 198 
Addition of chemicals to water supply 170 
Barber shop, to maintain 335 
Bathing establishment 340 
Beauty parlor, to maintain 335 
Blood donor (certificate of registration) 108 
Blood donor agency, to maintain 109 
Board and care of children 197 
Boiling varnish, oil, etc 332 
Bones: 
boiling and grinding 324 
collection and transportation 241 
Butter, to manufacture and to sell at, wholesale 151-a 
Butter, to whip 151-c 
Camps: 
agencies sending children to, registration 217-a 
establishment and maintenance in city 217 
trailer, to maintain 217-b 
Cargo, to discharge 358 
Cattle, to keep 11 
Cattle, to slaughter 325 
Cemetary and crematory, new 45 
Cheese, to manufacture and to sell at wholesale 151-a 
Children, board and care of 197 
Children, agency giving day care to 198 
Cows, to keep 11 
Dead bodies of human beings, to remove 37 
Dead bodies of human beings, interment, cremation or disposition 42 
Eggs, sale at wholesale 151-a 
Eggs, business of breaking out 331 
Exterminators (business of and operators) 104 
Fat rendering and melting 329 
Frozen desserts (various classes) 177 
Fumigator (business of and operators) 104 148 
INDEX TO SANITARY CODE 
PERMITS REQUIRED FOR—Continued Section 
Garbage, manure, swill, ashes, removal of 240 
Gas, manufactory 333 
Geese, to keep 11 
Goats, to keep 11 
Hides, tanning, skinning, etc 328 
Horsemeat, sale, etc 327 
Horses, to keep 11 
Houseboat, use thereof 360 
Ice cream, manufacture, etc 177 
Laboratories: 
clinical 105 
x-ray 107 
Lodging house 334 
Master plumber (license and metal plate) 288 
Mattress, burning of 242 
Milk and milk products 155,191 
Offal or butcher’s refuse, transportation 239 
Offensive and noisome business 324 
Offensive matter or substances, disturbing 232 
Poultry and rabbits (live), to sell and to keep 19 
Privies, etc., removal of contents 236 
Refining of ores, metals or alloys of metals 332 
Removal of persons sick of an infectious disease 354 
Restaurant, to maintain 149 
School, to maintain 222 
Sheep, to keep 11 
Shellfish, to sell (shipper to register) 164 
Shellfish (oysters) for transplanting 164-a 
Shelter, for homeless animals 16 
Slaughter of cattle, sheep, goats, pigs, calves and poultry 325 
Smoking meat, fish, etc 330 
Soft drinks, to sell 165-a 
Swine, to keep 11 
Stable, to keep 58 
Storage of skins, hides, rags from foreign country, etc 359 
Undertaking, business of 46 
Vessels, removal of articles exposed to disease 355 
Vitamin D milk, processing, etc 155-a 
Water, artificial, natural, mineral, etc., sale, etc 165 
Water from wells, use of 168 
Waterboats, operation of 167-b 
Water supply, addition of chemicals to 170 
PERSON, defined 2 
PHARMACIST—see “Drugs and Medicines” 
PHOSPHORUS, poisoning from—see “Occupational Diseases” 
PHYSICIAN—see also “Communicable Diseases and Conditions”, “Deaths, 
Fetal Deaths and Dead Bodies”, “Drugs and Medicines” 
Defined 2 
Free distribution of vaccine, anti-toxin, etc 121 
Ophthalmia neonatorum precautions 201 
Registration of 218 
PlGS—see “Animals” 
PLAGUE, bubonic 
Duty to report 86 
Isolation, etc 89 
Isolation in institutions 96 
PLUMBER, master; license 288 INDEX TO SANITARY CODE 
149 
PLUMBING, DRAINAGE AND SEWERAGE Section 
Accumulation of water or liquid on street, to be removed 271 
Change of, affecting other premises, regulated 275 
Drain, soil and waste pipes; joints and connections 279 
Drain pipes from refrigerators, discharge of 280 
Drain, soil pipes, connections between sewer and building to be adequate. .276 
Drainage of marsh land 272 
Drainage upon sidewalk, prohibited 271 
Drainage and sewage to low tide mark 274 
Master plumbers, to be licensed 288 
Material, not to be used for ventilation and plumbing 282 
Plumbing and gas piping to be kept in good repair 277 
Plumbing fixtures, to be separately trapped 278 
Privies and toilets to be provided 284 
Privies to be screened 286 
Privies, temporary, to be provided during construction work 285 
Privy vaults and cesspools, construction 287 
Rain water leaders and gutters, adequacy and restrictions 283 
Sewers, to be adequately flushed, duty of officials 273 
Sewerage, change affecting other premises 275 
Sewerage in buildings to be adequate 52 
Toilets, to be provided 284 
Waste, soil and vent pipes, to extend above roof 281 
PNEUMONIA, all forms, to be reported 86 
POISONS 
Bichloride of mercury, sale regulated 125 
Carbolic acid, sale regulated 123 
Food and drugs, not to contain poisonous substance 141,147 
Sale and distribution of, regulated 122 
Wood alcohol, etc., sale regulated 124 
POISON IVY, growth prohibited on lots, etc 221 
POLIOMYELITIS, anterior, acute (Infantile paralysis) 
Duty to report 86 
Exclusion of children 94 
Exclusion of teachers, etc 95 
Isolation, etc 89 
POULTRY—see “Food” 
PRESCRIPTION—see “Drugs and Medicines” 
PRESERVATIVES—see “Food” 
PRIVIES—see also “Plumbing, Drainage and Sewerage” 
Contents, nuisance prohibited 235 
Disinfection and removal of contents 236 
Use of, limited 237 
Vehicles carrying contents, regulated 244 
PROPRIETARY AND PATENT MEDICINES—see “Drugs and Medicine” 
PSITTACOSIS (Parrot fever) 
Duty to report 86 
Isolation, etc 89. 
PSITTACINE BlßDS—see “Birds” 
PUERPERAL SEPTICEMIA, defined, duty to report 86,91 
PUBLIC LAUNDRY 
Defined 2 
Regulated 
PUBLIC PLACE, defined 2 INDEX TO SANITARY CODE 
150 
Section 
PUNISHMENT FOR VIOLATION OF SANITARY CODE 224 
PUSHCARTS 
Beverage and drinks, sale regulated 144 
Candy, bakery products, etc. to be wrapped 142 
Fish, sale regulated 150-a 
Shellfish, sale prohibited, exception 150-a 
QUARANTINE—see “Communicable Diseases and Conditions” 
RABBITS (live) —see “Animals” 
RABIES 
Animals suffering from or suspected of, to be reported 10 
Persons with, to be reported 86 
RADIOS, PHONOGRAPHS, etc., noise from, prohibited 215-a 
RAGS 
Particles from not to escape on street 253 
Storage, removal and distribution, regulated, permit 359 
RAGWEED, growth on lots, prohibited 221 
RAILROAD CARS AND OTHER PUBLIC VEHICLES 
Cars, ferryboat, depot, etc., cleaned daily 301 
Conveying of soiled clothing or bedding, restricted 302 
Defined as “building” 183 
Heating and lighting 304 
Ventilation 303 
RECORDS—see “Confidential Records” 
REFINING OF METAL ORES, etc., regulated, permit 332 
REFRIGERATORS, DRAINS AND DISCHARGE 280 
REFUSE—see “Garbage, Refuse and Rubbish” 
REGISTRATION 
Agency sending children to camp 217-a 
Brushes and cloth made from animal hair or sheep wool 230 
Gas tubing, flexible 344 
Physicians 218 
Proprietary and patent medicines 117 
Sextons 43 
Shellfish and shippers 164 
REGULATIONS AND ORDERS OF BOARD, to be obeyed 184 
RENOVATION OF PREMISES (communicable disease) 101 
REPORT, defined 2 
REPORTABLE DISEASES AND CONDITIONS—see “Communicable 
Diseases and Conditions” 
RESTAURANTS 
Defined and regulated; permit 149 
Fee for permit 191 
Permit includes all foodstuffs, etc 191 sub. (j) 
Towels (common), prohibited 214 
ROCKY MOUNTAIN SPOTTED FEVER, to be reported 86 
ROOFS 
Dogs not to commit nuisance 227 
To be kept in good repair 59 INDEX TO SANITARY CODE 
151 
RUBBISH—see “Garbage, Refuse and Rubbish” Section 
RUGS, shaking and beating in open, prohibited 253 
SACCHARINE, use in beverages, to be declared 139-b 
SAND, not to be sieved, agitated or exposed 253 
SANITARIUM—see “Hospitals and Institutions” 
SANITARY CODE 
Defined 2 
Punishment for violation of 224 
SAUSAGES—see “Food” 
SCARLET FEVER (Scarlatina) 
Duty to report 86 
Exclusion of children 94 
Exclusion of teachers, etc 95 
Isolation, etc 89 
Isolation in institutions 96 
SCHOOL CHILDREN, physical care of 200 
SCHOOLS 
Common eating and drinking utensils, prohibited 143 
Communicable diseases; 
exclusion of children 94 
exclusion of teachers, etc 95 
Physical care of children 200 
Regulated, permit to conduct 222 
Sanitary conditions 57 
Towels (common), prohibited 214 
Ventilation 57 
SEPTICEMIA, puerperal; defined, to be reported 86,91 
SERUM—see “Biological Products” 
SEWERAGE AND SEWERS—see “Plumbing, Drainage and Sewerage” 
SEXTONS 
Duties 44 
To register with Department 43 
SHEEP—see “Animals” 
SHELLFISH—See “Food” 
SHELTER FOR HOMELESS ANIMALS, permit 16 
SIDEWALKS 
Cleaning of, in general 53 
Spitting, prohibited 213 
Sweeping after 8 A.M, prohibited 53, 315 
SKIMMED MlLK—see “Milk and Milk Products” 
SKINS (Animal) 
Condemnation authorized 129 
Removal from boats, regulated 359 
Skinning, regulated, permit 324 
Skinning and tanning, regulated, permit . 328 
SKYLIGHTS, to be kept in good repair 59 152 
INDEX TO SANITARY CODE 
SLAUGHTER Section 
Cattle, not to be overheated or feverish 161 
Cattle, poultry, regulated, permit 325 
Cattle, in Manhattan, restricted 326 
Horses for food, regulated, permit 327 
SLEEPING in bathrooms or cellars, prohibited 54, 62 
SMALLPOX (Variola) 
Duty to report 86 
Exclusion of children 94 
Exclusion of teachers, etc 95 
Isolation, etc 89 
Isolation in institutions 96 
SMOKE, dense; prohibited 211 
SMOKING IN SUBWAYS, prohibited 216 
SMOKING OF MEATS, FISH, etc., regulated, permit 330 
SNAKES, prohibited 22 
SNEEZING, when; protect nose and mouth 226 
SODA WATER—see “Drinks” 
SOFT DRINKS—see “Drinks” 
SOIL PlPES—see “Plumbing, Drainage and Sewerage” 
SOMNIFACIENT DRUGS—see “Drugs and Medicines” 
SOUR MILK AND CREAM—see “Milk and Milk Products” 
SPITTING, forbidden in public places, notices, etc 213 
STABLE 
Defined 2 
Regulated, permit 58 
STATIONS—see “Railroad Cars And Other Public Vehicles” 
STEAM, discharge of, not to be an annoyance 212 
STERILIZATION, required in manufacture of brushes, cloth or other mate- 
rials containing horse hair, goats’ hair, cows’ hair or sheep wool. . . .230 
STILLBIRTH (fetal death)—see “Deaths, Fetal Deaths and Dead Bodies” 
STORES 
Overcrowding, prohibited 56 
Regulated, where food is sold 150 
Sanitary conditions, heating, humidity 55 
Spitting forbidden, receptacles 213 
Toilets, to be provided 284 
Towels (common), prohibited 214 
STREETS 
Defined 2 
Accumulation of boxes, crates, etc.; prohibited 253 
Circulars, placards, etc.; distribution restricted 318 
Cleaning method regulated 31 
Drainage responsibility 271 
Drugs, sale prohibited H9-a 
Dust, sieving, agitation, etc.; prohibited 253 
Fish, sale regulated 150-a 
Handbills, etc., distribution restricted 318 
Obstructions, prohibited 312 
Rags, not to be exposed 253 INDEX TO SANITARY CODE 
153 
STREETS—Continued Section 
Shellfish, sale prohibited, exception 150-a 
Throwing refuse, garbage, etc., prohibited 315 
Vehicles, contents spilling, etc., prohibited 317 
STREPTOCOCCUS SORE THROAT, epidemic, to be reported 86 
SUNDRIES, contaminated; sale prohibited 118-a 
SWlLL—see “Garbage, Refuse and Rubbish” 
SWlNE—see “Animals” 
SYPHILIS, to be reported 88 
TANKS, etc., for food or drink, cadmium and lead, prohibited 145 
TANKS, water; on roof; use regulated 61 
TANNING—see “Skins” 
TENEMENT HOUSE—manufacturing in infected home, prohibited 99 
TENT—see “Camps” 
TETANUS, to be reported 86 
THEATRE 
Defined 2 
Conditions, beating and ventilation 55 
Common eating and drinking utensils, prohibited 143 
Spitting, prohibited 213 
Towels (common) prohibited 214 
TOBACCO—see “Cigarettes, Cigars and Tobacco” 
TOILET PREPARATIONS—see “Cosmetics” 
TOILETS—see “Plumbing, Drainage and Sewerage” 
TOMB, permit for 45 
TOWTELS (common), prohibited 214 
TRACHOMA, to be reported 86 
TRADES, OCCUPATIONS AND BUSINESSES—see also “Permits” for 
conduct of various businesses 
Boiling of varnish or oil, regulated, permit 332 
Certain offensive or noisome; prohibited in Manhattan 323 
Certain offensive or noisome; regulated 324 
Cigars, cigarettes and tobacco, manufacture regulated 338 
Distilling of alcoholic spirits, regulated, permit 332 
Eggs, business of breaking out, regulated, permit 331 
Factories and workrooms, suction devices to remove dust, gases, etc 339 
Fat rendering and melting, regulated, permit 329 
Gas manufacture, regulated and restricted 333 
Horseshoeing establishment, regulated 342 
Lampblack, turpentine and tar, making of, regulated, permit 332 
Laundries (Public), regulated 336 
Lodging houses, regulated, permit 334 
Occupations and businesses, dangerous and detrimental to health, pro- 
hibited 321 
Occupational diseases, employer to provide means to prevent 337 
Offensive or noisome (in general) ; regulated, permit 322 
Refining of ores, metals, etc., regulated, permit 332 
Slaughter of cattle, poultry, etc., regulated, permit 325 
Slaughter of cattle, etc. in Manhattan, restricted 326 
Slaughter of horses, and sale for food, regulated, permit 327 
Smoking or preserving meat and fish, regulated, permit 330 
Tanning, skinning, etc., hides and leather, regulated, permit 328 154 
INDEX TO SANITARY CODE 
Section 
TRAILER CAMPS, defined, regulated, permit 217-b 
TRICHINOSIS, to be reported 86 
TROUGHS, watering, for horses, prohibited 314 
TUBERCULOSIS 
Duty to report 86 
Exclusion of children 94 
Exclusion of teachers, etc 95 
Isolation, etc 89 
Records confidential 86 
X-ray examination of children 94 
TULAREMIA, to be reported 86 
TURPENTINE, making of; regulated, permit 332 
TYPHOID FEVER 
Duty to report 86 
Isolation, etc 89 
TYPHUS FEVER 
Duty to report 86 
Isolation, etc 89 
UNDERTAKERS 
Business of, regulated, permit 45 
Death certificate, duty to file 33 
Fetal death certificate, duty to file 32 
Funeral in certain communicable diseases 103 
Permit fee 191 
UNDULANT FEVER (Malta Fever), to be reported 86 
UTENSILS (Food) 
Properly cleansed after use 144 
Use in common, prohibited 143 
UNWHOLESOME FOOD—see “Food” 
VACANT LOTS, regulated 251 
VACCINATION, duty of parents, etc 199 
VACCINE—see “Biological Products” 
VALERIAN AND VALERIANATE—see “Drugs and Medicines” 
VAULTS, for burial, permit 45 
VEGETABLES, defined as food 2 
VENEREAL DISEASES, to be reported, record confidential 88 
VENTILATION 
Buildings, in general 52 
Cattle, place of keeping 14 
Factories and workrooms, devices for removal of dust, gases, etc 339 
Plumbing and sewers 282 
Public vehicles (railroad cars) 303 
Schools, gymnasiums and places of worship 57 
Theatres, manufactories and workrooms 55 
VENT PlPES—see “Plumbing, Drainage and Sewerage” 
VERMIN, extermination fumigation 104 INDEX TO SANITARY CODE 
155 
VESSELS Section 
Bedding, etc., not to be cast in public waters 356 
Bedding, skins, hides, rags, etc., removal from, regulated 359 
Births and deaths, duty to report 357 
Cargo discharge of, regulated 358 
Dense smoke, discharge, of, prohibited 211 
Docking with offensive matter, regulated 245 
Duty to make daily report of illness 353 
From infected ports, regulated 352 
Garbage, manure, offal, etc., retention and disposal 242 
Houseboats, regulated, permit 360 
Noise from combustion engine, prohibited 361 
Odors, cinders, dust, etc., annoyance by discharge of, prohibited 212 
Removal of persons and articles exposed to disease, restricted 355 
Removal of persons sick of infectious disease 354 
Report facts of person sick with disease 351 
Spitting forbidden, receptacles for 213 
Towels (common), prohibited 214 
Transportation of garbage 238 
Water boats, permit 167-b 
VETERINARIAN 
Animals with communicable disease, to report 3 
Dog and other animal bites, to report 10 
Hypodermic syringe, possession authorized 132 
May prescribe drugs: 
barbital and hypnotic 126 
harmful 126-a 
valerian and valerianate 127 
VlRUS—see “Biological Products” 
VITAMIN D MlLK—see “Milk and Milk Products”. 
WATER 
Artificial, natural, mineral, etc., manufacture, permit 165 
Boats, permit 167-b 
Chemicals, addition of, to house water supply 170 
Drinking hydrant, not to be impaired 169 
Lots, accumulation on, prohibited 251 
Offensive, on grounds or premises, prohibited 231 
Public water supply; purity, etc., protected 166 
Public water supply; duty of authorities 167 
Water boats, permit 167-b 
Well water, use restricted, permit 168 
WATER TANKS, on roofs 
Overflow from, regulated 280 
Use regulated 61 
WATER TROUGHS (common) for horses, forbidden 314 
WEILS DISEASE, to be reported 86 
WELLS, use of water from, restricted, permit 168 
WHOOPING COUGH (pertussis) 
Duty to report 86 
Exclusion of children 94 
Exclusion of teachers, etc 95 
Isolation, etc 89 
Isolation in institutions 96 
WILD ANIMALS, keeping, prohibited 22 
WINDOWS, conditions 59 156 
INDEX TO SANITARY CODE 
Section 
WOLVES, keeping prohibited 22 
WOOD ALCOHOL—see “Alcohol” and “Occupational Diseases” 
WOOL, sheep; sterilization etc., regulated 230 
X-RAY LABORATORY, permit 10? 
X-RAY EXAMINATION of children in cases of tuberculosis 94 
YELLOW FEVER 
Duty to report 86 
Isolation, etc 89