THE SANITARY CODE 
Established by 
THE PUBLIC HEALTH COUNCIL 
OF THE 
STATE OF NEW YORK 
CHAPTERS I-XIV 
AND 
Special Administrative Rules and Regulations 
Revised to May 31, 1940 
Issued by the 
New York State Department of Health 
Albany, N. Y. TABLE OF CONTENTS 
PAGE 
Introductory Note 11 
CHAPTER I 
Definitions and General Provisions 
Reg. 1 Definitions 13 
2 Local health officer to file monthly report 13 
3 Right of entrance and inspection 13 
4 Violations declared to be misdemeanors 13 
5 Interference with placards prohibited 13 
6 When to take effect 14 
CHAPTER II 
Communicable Diseases 
Reg. 1 Communicable diseases designated; cases and certain carriers to be 
reported to the state department of health 15 
2 Reporting cases of communicable disease by physicians 16 
3 Reporting by others than physicians of cases of diseases presumably 
communicable . 16 
4 Reporting cases of communicable disease on dairy farms 16 
5 Reporting of rabid animals and of persons bitten 17 
6 Reporting of food poisoning 17 
7 Notification of outbreaks of food poisoning, diarrhea, jaundice, epidemic 
influenza, glandular fever, sore throat and undiagnosed febrile disease. 17 
8 Duties of registrars and health officers when deaths from communicable 
disease are reported 17 
9 Physician to submit specimens for laboratory examination in cases or 
suspected cases of certain communicable diseases 18 
Directions governing submission of specimens 18 
10 Health officer to confine animal which has bitten person; to kill suspected 
rabid animal and send head of such to laboratory 19 
11 Physician to isolate person with communicable disease and give instruc- 
tions regarding prevention of spread of the disease 20 
12 Precautions to be observed for the prevention of ophthalmia neona- 
torum 20 
13 Health officer to investigate cases of communicable disease, to ascertain 
sources of infection, to seek out contacts and to take other steps to 
reduce morbidity and mortality 20 
14 Contacts, date of last exposure, isolation and quarantine defined 20 
15 Persons suffering from chickenpox, bacillary dysentery, measles, oph- 
thalmia neonatorum, pneumonia, epidemic or streptococcus (septic) 
sore throat, typhoid and paratyphoid fever to be isolated 21 
16 Smallpox, Asiatic cholera, plague and typhus fever cases to be quar- 
antined 22 
17 Diphtheria, meningococcus meningitis, poliomyelitis, and scarlet fever, 
isolation of case, quarantine of children of household and modified 
quarantine for adult household contacts 22 
18 Whooping cough cases to be restricted 23 
19 Interference with placards prohibited 23 
20 Removal of cases of communicable diseases from one health district 
to another restricted 23 
21 Isolation wards required in institutions for children 24 
22 Handling of food forbidden in certain cases 24 
23 Destruction of foods in certain cases 24 Table of Contents 
Reg. 24 Sale of food forbidden in certain cases 24 
25 Cleansing, renovation or disinfection, when required 24 
26 Chancroid, gonorrhea and syphilis cases to be instructed, forbidden 
certain occupations, and otherwise restricted. Records not to be 
disclosed 25 
27 Reported apparent cases of tuberculosis to be investigated; instruction 
by physician 25 
28 Records of tuberculosis cases confidential 26 
29 Tuberculosis records 26 
30 Health officer to inspect boarding or lodging houses in certain cases... 26 
31 Carriers of disease germs defined: subject to restrictions 26 
32 Duties of health officers in relation to typhoid carriers 27 
33 Control of typhoid carriers 27 
34 Release of typhoid carriers from control restrictions 28 
35 Control of diphtheria carriers 28 
36 Duties of undertakers 29 
37 Public funerals forbidden in certain cases 29 
38 Importation, breeding, sale or offer of sale of psittacine birds prohibited 29 
39 When to take effect 29 
PAGE 
CHAPTER III 
Milk and Cream 
Reg. 1 Definitions 30 
Section A—Permits 
2 Permit required for sale of milk and/or cream and/or milk products. . 30 
3 Application or permit required 31 
4 Inspection to be permitted , 32 
5 Inspection, bacterial counts and physical examination required 32 
6 Milk or cream sold or served by stores and public eating places 33 
Section B—Requirements of General Application 
7 Construction and maintenance of utensils and apparatus 33 
8 Containers, utensils and apparatus to be cleaned, sterilized and properly 
stored 34 
9 Receptacles to be kept in sanitary condition. When to be condemned 
and seized 34 
10 Suitable water supply to be provided 34 
11 Suitable flush closets or sanitary privies to be provided 35 
12 Milk and cream to be kept cold 35 
Section C—Production 
13 Sale of certain milk prohibited 36 
14 Mastitis 35 
14-a Illness among milk handlers 35 
15 Stables and yards to be kept in sanitary condition 35 
16 Milking animals and hands of milker to be clean 36 
17 Milk house or milk room to be provided 36 
18 Tuberculin test, Bang abortion disease and mastitis 36 
Section D—Shipping Stations, Bottling and Pasteurizing Plants 
19 Buildings 37 
20 Facilities for washing hands to be provided and used 38 
21 Bottling and capping machines to be provided and used 38 
22 Pasteurization defined 38 
23 Pasteurizing equipment and operation 38 
24 Protection of pasteurized milk and cream 39 Table of Contents 
Section E—Grades page 
Reg. 25 Designations of milk 40 
26 Designations of cream 43 
Section F—Miscellaneous 
27 Certain persons prohibited from handling milk or cream 45 
28 Physical examinations to be permitted 45 
29 Sediment tests to be made 45 
30 Milk, cream or milk products shipped into New York state 46 
31 Local authorities may enact supplementary regulations 46 
32 Milk products 46 
33 Exceptions 46 
34 When to take effect 47 
CHAPTER III-A 
Reg. 1 Intent 48 
2 Definitions 48 
3 Marking of containers 48 
4 Records to be kept 48 
5 Permit required for sale of manufacturing cream 48 
6 Application for permit required 49 
7 Reports to be made 49 
8 When to take effect 49 
Manufacturing Cream 
CHAPTER IY 
Therapeutic Sera, Pathogenic Microorganisms, Laboratories and 
Blood Donors 
Reg. 1 Standards for serum. Sale of serum for the treatment of pneumonia, 
meningitis and scarlet fever regulated 50 
2 Standard strains, standard toxin and standard sera. 50 
3 Inoculation with living bacteria 50 
4 Distribution of living cultures of pathogenic bacteria 50 
5 Bacterial rat poisons, sale, manufacture and use of, prohibited 50 
6 Inspection of laboratories 50 
7 Tissue removed at operation or necropsy to be examined 51 
8 Hospitals to keep records of blood transfusions 51 
9 When to take effect 51 
CHAPTER V 
Water Supplies 
Reg. 1 Reporting changes in public water supplies 62 
2 Certain cross-connections between water supplies not permitted 52 
3 Permissible arrangements where dual supplies are used 52 
4 Drinking water in factories or other industrial plants 52 
5 Disinfection of water mains and reservoirs 63 
6 When to take effect 53 
CHAPTER VI 
Reg. 1 Definitions 54 
2 Approval of plans 54 
3 Permit and revocation 54 
4 Construction and maintenance 54 
5 Interconnections 55 
6 Drains 55 
7 Protection of public water supplies 55 
Swimming Pools and Bathing Beaches Table of Contents 
Reg. 8 Dressing rooms 65 
9 Toilet facilities 55 
10 Sanitary quality of water in artificial pools 55 
11 Bathing load limits 56 
12 Operator or attendant and operating records 56 
13 Care of suits and towels 57 
14 Pollution of pool prohibited 57 
15 Communicable disease 57 
16 Spectators 67 
17 Foot baths 57 
18 Partly artificial pools 57 
19 Polluted waters 57 
20 Posting regulations 67 
21 When to take effect 67 
PAGE 
CHAPTER VII 
Reg. 1 Definition 58 
2 Permit required 58 
3 Issuance, suspension, and revocation of permit 58 
4 Designation of person responsible for camp sanitation 58 
5 General 68 
6 Water supply for camps 59 
7 Approved toilet and sewage disposal facilities to be provided 69 
8 Approval of plans and permit for sewage treatment works required... 60 
9 Milk and cream 60 
10 Protection of food supplies 60 
11 Dishwashing 60 
12 Garbage disposal 60 
13 Swimming pools and bathing beaches 60 
14 Persons in charge of camp to report cases of disease presumably com- 
municable 60 
15 Duty to enforce regulations 60 
16 When to take effect 60 
Camps 
CHAPTER VII-A 
Hotels, Lodging Houses, Boarding Houses 
Reg. 1 Definitions 61 
2 Application of regulations 61 
3 Water supply 61 
4 Approved toilet and sewage disposal facilities to be provided 62 
5 Approval of plans and permit for sewage treatment works required... 62 
6 Milk and cream 62 
7 Protection of food supplies 62 
8 Dishwashing 62 
9 Communicable diseases 62 
10 When to take effect 63 
CHAPTER VIII 
Nuisances Which May Affect Life and Health 
Reg. 1 All complaints to be investigated 64 
2 Health officer to file report with local board 64 
3 Action to be taken by local board . 64 
4 Health officer to report to state commissioner of health 65 
5 State commissioner of health may direct local board of health to take 
certain definite proceedings 65 
6 Presiding officer to convene local board and take action directed 65 
7 When to take effect 65 Table of Contents 
CHAPTER IX 
Reg. 1 Distribution of tetraethyl lead in concentrated form to public prohibited 66 
2 Use of nitro-cellulose x-ray film prohibited 66 
3 Poisonous substances for polishing kitchenware or silverware prohibited 66 
4 Manufacture or sale of articles which may be contaminated with 
anthrax 66 
5 Spitting in public places forbidden 66 
6 Common towel forbidden 66 
7 Common drinking cups and drinking and eating utensils forbidden... 66 
8 Sale or use of lead nipple shields prohibited 67 
9 When to take affect 67 
Certain Health Hazards 
PAGE 
CHAPTER X 
Barber Shops and Beauty Parlors 
Reg. 1 Barber shops, hairdressing establishments, manicuring and beauty 
parlors 68 
2 When to take effect 68 
CHAPTER XI 
Qualifications of Public Health Personnel 
Section A—Local Health Officers 
Reg. 1 Definitions 69 
2 Qualifications required 69 
3 Preliminary qualifications 69 
4 Grades established 69 
5 Qualifications, Grade 1 69 
6 Qualifications, Grade II 69 
7 Submission of qualifications 70 
8 Examination may be requested 70 
9 Lists to be maintained 70 
10 When to take effect 70 
Section B—Public Health Nurses 
Reg. 11 Definitions 70 
12 Qualifications required 70 
13 Grades established 71 
14 Qualifications, Grade I 71 
15 Qualifications, Grade II 71 
16 Submission of qualifications 71 
17 When to take effect 71 
Section C—Laboratory Personnel 
18 Definitions 71 
19 Qualifications required 72 
20 Preliminary qualifications 72 
21 Qualifications, directors of laboratories 72 
22 Qualifications, surgical pathologists 72 
23 Qualifications, bacteriologists in charge of laboratories 72 
24 When to take effect 72 Table of Contents 
Section D—Dairy and Milk Inspectors 
PAGE 
Reg. 25 Definition 72 
26 Qualifications required 72 
27 Preliminary qualifications 73 
28 Grades established 73 
29 Qualifications, Grade I 73 
30 Qualifications, Grade II 73 
31 Qualifications, Grade III 74 
32 Submission of evidence of qualifications 74 
33 Authority to waive requirements or to require examinations 74 
34 When to take effect 74 
Section E—Operators of Public Water Treatment and 
Purification Plants 
Reg. 35 Definition 74 
36 Qualifications required 74 
37 Preliminary qualifications 74 
38 Grades established 74 
39 Qualifications, Grade I 75 
40 Qualifications, Grade II 75 
41 Qualifications, Grade III 76 
42 Submission of evidence of qualifications 76 
43 Authority to waive requirements or to require examinations 76 
44 When to take effect 76 
Section F—Operators op Public Sewage Treatment Plants 
Reg. 45 Definition 76 
46 Qualifications required 76 
47 Preliminary qualifications 76 
48 Grades established 76 
49 Qualifications, Grade I 77 
50 Qualifications, Grade II 78 
51 Qualifications, Grade III 78 
52 Submission of evidence of qualifications 78 
53 Authority to waive requirements or to require examinations 78 
54 When to take effect 78 
CHAPTER XII 
Maternity Hospitals or Homes 
Reg. 1 Definitions 79 
2 License and inspection 79 
3 General requirements 79 
4 Standard procedures 80 
5 Communicable disease 81 
6 Reports 81 
7 Revocation 81 
8 When to take effect 81 
CHAPTER XIII 
Transportation of Dead Bodies 
Reg. 1 Transportation of dead bodies by common carriers 82 
2 When to take effect 82 Table of Contents 
CHAPTER XIV 
Restaurants 
PAGE 
Reg. 1 Definitions 83 
2 General cleanliness of equipment 83 
3 Cleansing and disinfection of eating, drinking and cooking utensils.... 83 
4 Storage of utensils and equipment 83 
5 Refrigeration 83 
6 Health of employees 83 
7 Cleanliness of employees 83 
8 Poisonous materials 83 
9 Toilet facilities 83 
10 Lavatory facilities 83 
11 Water supply 83 
12 When to take effect 83 
ADMINISTRATIVE RULES AND REGULATIONS 
Common carriers, handling of bodies of persons dying on 84 
Embalming and undertaking 84 
Death, tests for signs of 84 
Training and experience 85 
Practice 87 
Laboratory supply stations, district 89 
Midwifery, practice of 90 
Nitro-cellulose x-ray films, storage of 95 
Orthopedic hospitals 96 
Reconstruction Home, West Haverstraw 96 
State aid, physically handicapped children 98 
Court orders 99 
Oyster houses and oyster boats, sanitation 99 
Premarital examinations for syphilis 101 
State tuberculosis hospitals, conduct of 102 
Vaccination, approved methods of 108 
Vital Statistics, waiving of fees for birth, death and marriage records 109 THE SANITARY CODE ESTABLISHED BY THE PUBLIC 
HEALTH COUNCIL OF THE STATE OF NEW YORK 
The public health law of the state of New York, as amended, provides as 
follows: 
Introductory Note 
“Section 2-b. Sanitary code. Subject to approval by the commissioner 
of health, the public health council shall have power by the affirmative vote 
of a majority of its members to establish and from time to time amend 
and repeal sanitary regulations, without discrimination against any licensed 
physicians. The regulations so established shall be called the sanitary code. 
The sanitary code may deal with any matters affecting the security of life 
or health or the preservation and improvement of public health in the state 
of New York, and with any matters as to which jurisdiction is hereinafter 
conferred upon the public health council. The sanitary code may include 
provisions regulating the practice of midwifery and for the promotion of 
health in any or all Indian reservations. * * * The provisions of the 
sanitary code shall have the force and effect of law and any violation of any 
portion thereof may be declared to be a misdemeanor. No provision of the 
sanitary code shall relate to the city of New York or any portion thereof, 
and every provision of the sanitary code shall apply to and be effective in 
all portions of the state except the city of New York unless stated otherwise.” 
“Section 2-c. Enforcement of sanitary code. The provisions of the sani- 
tary code shall, as to matters to which it relates, and in the territory pre- 
scribed therefor by the public health council, supersede all local ordinances 
heretofore or hereafter enacted inconsistent therewith. Each city, town or 
village may, in the manner hereinafter prescribed, enact sanitary regulations 
not inconsistent with the sanitary code established by the public health council. 
The public health council shall have power, subject to approval by the com- 
missioner of health, to prescribe by regulations, incorporated in and as a part 
of the sanitary code, the qualifications of directors of divisions, district state 
health officers, local health officers hereafter appointed,* public health nurses, 
and, applicable to new appointments made after June thirtieth, nineteen 
hundred thirty-seven, if appointees are to be paid from public funds, of dairy 
and milk inspectors, operators of public sewage treatment plants and opera- 
tors of public water treatment and purification plants; provided that appoint- 
ments may be made from civil service lists if established prior to July one, 
nineteen hundred thirty-seven of dairy and milk inspectors, operators of 
public sewage treatment plants and operators of public water treatment 
and purification plants. 
The actions, proceedings and authority of the state health department in 
enforcing the provisions of the public health law and sanitary code applying 
them to specific cases shall at all times be regarded as in their nature judi- 
cial, and shall be treated as prima facie just and legal. All meetings of said 
public health council shall in every suit and proceeding be taken to have been 
duly called and regularly held, and all regulations and proceedings to have 
been duly authorized unless the contrary be proved. 
The public health council shall have no executive, administrative or 
appointive duties. It shall, at the request of the commissioner of health, con- 
sider any matter relating to the preservation and improvement of public 
health, and may advise the commissioner thereon; and it may from time to 
time submit to the commissioner any recommendations which it may deem 
wise.” 
Under the public health law, it is the duty of all local health officers to 
enforce in their respective jurisdictions the provisions of the public health 
law and the sanitary code, and the orders and regulations not inconsistent 
therewith, of their respective boards of health. 
• See Public Health Law, $ 20. 
11 12 
The Sanitary Code 
The state commissioner of health, under the same law, has the power, and 
it is his duty, to exercise general supervision over the work of all local 
health authorities, except in the city of New York, and to see that the pro- 
visions of the public health law and the sanitary code are enforced. 
The sanitary code supplements but does not take the place of the provi- 
sions of the public health law or of any amendments thereto, or of any of 
the laws relating to the public health or to the powers or duties of the state 
commissioner of health, the state department of health, local boards of health 
or local health officers. 
Additions to the sanitary code will be made from time to time. CHAPTER I 
Definitions and General Provisions 
(Adopted April 7, 1914) 
Regulation 1. Definitions. Unless otherwise specifically provided herein, 
the following words and terms used in this code are defined for the pur- 
poses thereof as follows: 
(1) The term “communicable disease” means such communicable disease 
as may be designated in regulation one of chapter two of the code. 
(2) The term “municipality” means and includes a city, town, village, 
or consolidated health district or any subdivision or part of the state of 
New York lawfully established as a separate public health unit. 
(3) The term “board of health” or “local board of health” means and 
includes the local board, department, or commissioner of health, or other 
body or official of a municipality, by whatever title the same may be known, 
having the usual powers and duties of the hoard of health of a municipality. 
(4) The term “health officer” or “local health officer” means and includes 
the health officer, or other officer of a municipality, by whatever title he 
may be known, having the usual powers and duties of the health officer 
of a municipality. (Amended March 20, 1917, June 25, 1918, and May 27, 
1919.) 
(5) The term “approved laboratory” or “laboratory approved for the 
examination” shall mean a laboratory possessing a certificate of approval 
for the specified examination, issued by the state commissioner of health 
under the authority of § 4-b of the public health law. (Added May 20, 1932 
and amended June 28, 1932.) 
Regulation 2. Local health officer to file monthly report. Each local 
health officer shall submit to the district state health officer, on or before 
the fifth day of each month, a report for the previous month: provided, 
that in a county health district such reports from cities and villages shall 
be forwarded to the county commissioner of health. In towns, villages and 
consolidated districts such reports shall be submitted on a form prescribed 
by the state commissioner of health, or if in another form shall be acceptable 
to the state commissioner of health and contain equivalent information. 
(Amended February 13, 1923, November 20, 1924, amended and renumbered 
June 28, 1932, and amended January 19, 1934.) 
Regulation 3. Right of entrance and inspection.* No person shall inter- 
fere with or obstruct the entrance to any house, building, vessel, or other 
premises of the state commissioner of health, or local health officer, or the 
authorized representative of either, in the discharge of his official duties; 
nor shall any person interfere with or obstruct the inspection or examina- 
tion of any occupant of any such house, building, vessel, or other premises 
by the state commissioner of health, or local health officer, or the authorized 
representative of either, in the discharge of his official duties. (Added 
May 1, 1929 and renumbered June 28, 1932.) 
Regulation 4. Violations declared to he misdemeanors.-}- Any violation of 
any provision of this code is hereby declared to be a misdemeanor and is 
punishable by a fine of not more than fifty dollars or by imprisonment for 
not more than six months, or by both. (Amended January 22, 1916; 
renumbered May 1, 1929 and June 28, 1932.) 
* See Penal Law, § 1741; Public Health Law, | 21-b. 
fSee Public Health Law, §§ 17, 21. 14 
The Sanitary Code 
Regulation 5. Interference with placards prohibited. No person shall inter- 
fere with or obstruct any health authority in the posting of any placard in 
accordance with the requirements of the public health law or the sanitary code, 
in or on any place or premises, nor shall any person conceal, mutilate, or 
remove any such placard, except by direction of the health officer. 
In the event of any such placard being concealed, mutilated or torn down it 
shall be the duty of the occupant, owner or person in charge of the premises 
whereon such placard was posted immediately to notify the health officer of 
such fact. (Added September 21, 1933.) 
Regulation 6. When to take effect. Every regulation in this chapter, 
unless otherwise specifically stated, shall take effect on the first day of Sep- 
tember, 1932. (Renumbered May 1, 1929, June 28, 1932, and September 21, 
1933.) CHAPTER H 
Communicable Diseases 
(Adopted May 20, 1932)* 
Regulation 1. Communicable diseases designated; cases and certain car- 
riers to be reported to the state department of health.f When used in the 
public health law and in this code, the term infectious, contagious or com- 
municable disease, shall be held to include the following diseases: 
Anthrax 
Botulism 
Chancroid 
Chickenpox 
Cholera, Asiatic 
Diphtheria 
Dysentery, amebic and bacillary 
Encephalitis (lethargic and otlaer infectious) 
Epidemic or streptococcus (septic) sore throat 
German measles 
Glanders 
Gonorrhea 
Malaria 
Measles 
Meningococcus meningitis 
Ophthalmia neonatorum (suppurative conjunctivitis occurring in infants 
twenty-one days of age or less) 
Paratyphoid fever 
Plague 
Pneumonia (all forms) 
Poliomyelitis 
Psittacosis 
Babies 
Rocky Mountain spotted fever 
Scarlet fever 
Smallpox 
Syphilis 
Tetanus 
Trichinosis 
Tuberculosis 
Tularemia 
Typhoid fever 
Typhus fever 
Undulant fever 
Vincent’s angina 
Whooping cough 
Upon receipt of a report of a communicable disease the local health officer 
shall make a copy thereof in his permanent record and forward immediately 
the original to the state department of health, except that in cities of over 
20.000 population, in lieu of an individual report of each case the local health 
officer may with the written consent of the state commissioner of health 
make such summarized reports as the commissioner may require. 
The local health officer shall report promptly to the state department of 
health the name, age and address of each person in his district known to be 
or suspected of being a carrier of the organisms of typhoid fever or para- 
typhoid fever. He shall also make such supplementary reports of such car- 
rier as the state commissioner of health may require. (Amended May 20, 
1932, January 19, 1934, March 17, 1939 and September 22, 1939, effective 
November 1, 1939.) 
* This chapter supersedes the original chapter II which was adopted April 7, 1914 
and subsequently amended from time to time, 
t See Public Health Law, §§ 14, 25. 16 
The Sanitary Code 
Regulation 2. Reporting cases of communicable disease by physicians.* It 
shall be the duty of every physician to report to the local health officer, 
within whose jurisdiction such patient is, the full name, age and address of 
every person apparently affected with a communicable disease together with 
the name of the disease, within twenty-four hours from the time the case is 
first seen by him, and such report shall be by telephone or telegram when 
practicable, and shall also be made in writing, except that the written notice 
may be omitted with the approval of the state commissioner of health in 
cities of more than 20,000 population: 
Provided that when a case of tuberculosis or syphilis occurs in a local 
health district of less than 50,000 population not having a whole-time health 
officer or in a state institution or in a tuberculosis hospital or sanatorium, 
such case shall be reported directly to the district state health officer having 
charge of the state health district in which such case occurs, unless the 
state commissioner of health shall have approved for such district the 
reporting of such cases to the local health officer. 
Provided further that cases of chancroid, gonorrhea and syphilis shall 
be reported in writing, and that the patient’s initials and date of birth 
may be given in lieu of the patient’s name. The physician shall keep a 
record of each case reported by initials and date of birth and the corre- 
sponding name of the patient together with his address. The name and 
address of the patient shall be reported to the local or state health official 
to whom the attending physician is required to report such case, upon the 
special request of such official if in his judgment this action may be neces- 
sary to prevent the spread of the disease to other persons. 
Whenever any person suffering from chancroid, gonorrhea or syphilis 
shall discontinue treatment while in the judgment of the attending physician 
he is capable of transmitting the disease to others such physician shall 
report immediately such facts together with the full name and address of 
the patient to the local or state health official to whom the attending 
physician is required to report such case. (Amended May 20, 1932 and 
June 23, 1936.) 
Regulation 3. Reporting by others than physicians of cases of diseases 
presumably communicable.* When no physician is in attendance it shall 
be the duty of the head of a private household or the person in charge 
of any institution, school, hotel, boarding house, camp or vessel or any 
public health nurse or any other person having actual knowledge of an 
individual affected with any disease presumably communicable, to report 
immediately the name and address of such person to the local health officer. 
Until official action on such case has been taken, strict isolation shall be 
maintained. (Amended May 20, 1932 and January 25, 1935.) 
Regulation 4. Reporting cases of communicable disease on dairy farms,! 
When a case of typhoid fever, paratyphoid fever, diphtheria, scarlet fever, 
epidemic or septic sore throat, poliomyelitis (acute anterior), amebic or 
bacillary dysentery, or Asiatic cholera occurs on any farm or dairy producing 
milk, cream, butter, or other dairy products for sale, it shall be the duty of 
the physician in attendance to report immediately to the local health officer 
the existence on such farm or dairy of such case. If no physician is in 
attendance it shall be the duty of the owner or person in charge of such 
farm or dairy to report forthwith to the local health officer the name and 
address of any person, who is affected with a disease presumably com- 
municable, and who is employed or resides on or in such farm or dairy, 
or who comes in contact in any way therewith or with its products. 
It shall be the duty of the health officer to report immediately to the dis- 
trict state health officer by telephone or telegram, the existence on such 
farm or dairy of a case of disease mentioned in this regulation, together with 
all facts as to the isolation of such case, and to give the names of the locali- 
ties to which such dairy products are delivered. (Amended May 20, 1932.) 
• See Public Health Law, §§ 14, 25. 
t See Reg. 22-24. Chapter II 
17 
Regulation 5. Reporting of rabid animals and of persons bitten.* It shall 
be the duty of every physician to report immediately to the local health 
officer the full name, age and address of any person under his care or 
observation who has been bitten by an animal having rabies or suspected 
of having rabies. 
If no physician is in attendance and the person bitten is a child, it shall 
be the duty of the parent or guardian to make such report immediately. If 
the person bitten is an adult, such person shall himself make the report, or, 
if incapacitated, it shall be made by whoever is caring for the person bitten. 
It shall be the duty of every person having knowledge of the existence of 
an animal apparently afflicted with rabies to report immediately to the local 
health officer the existence of such animal, the place where seen, the owner’s 
name, if known, and the symptoms suggesting rabies. 
The local health officer shall report forthwith to the state department of 
health the name, age and address of every person bitten by an animal having 
rabies or suspected of having rabies, and all the pertinent facts relating 
to any animal found to have or to have had rabies. 
Regulation 6. Reporting of food poisoning. Every physician, visiting 
nurse, public health nurse, and every superintendent or other person in 
charge of any school, hospital, institution, dispensary, laboratory, labor 
camp or other camp, who shall have knowledge of the occurrence of a number 
or group of cases of illness believed to have been due to the consumption of 
spoiled or poisonous food, shall report the same immediately, by telephone or 
telegram, to the local health officer. 
Regulation 7. Notification of outbreaks of food poisoning, diarrhea, jaun- 
dice, epidemic influenza, glandular fever, sore throat, and undiagnosed febrile 
disease. Whenever there shall occur in any municipality an outbreak of 
suspected food poisoning or an unusual prevalence of diarrhea, gastroenteritis, 
enteritis, colitis, enterocolitis, cholera nostras, cholera infantum or other 
disease in which diarrhea is a prominent symptom, or whenever jaundice, 
epidemic influenza, glandular fever, sore throat or any undiagnosed febrile 
disease is unusually prevalent, it shall be the duty of the health officer to 
report immediately the existence of such an outbreak to the state department 
of health by telegram or telephone. Local health officers shall exercise due 
diligence in ascertaining the existence of such outbreaks or the unusual prev- 
alence of such diseases. (Amended May 20, 1932 and January 19, 1934.) 
Regulation 8. Duties of registrars and health officers when deaths from 
communicable disease are reported, (a) It shall be the duty of the local 
registrar of vital statistics whenever a certificate of death from a com- 
municable disease has been filed with him to report immediately to the health 
officer the name, ago and address of the deceased, the disease, and the name 
of the physician who signed such certificate. 
(b) It shall be the duty of every health officer upon receiving such a report 
to ascertain immediately whether such person has been reported as suffering 
during life with such communicable disease. The health officer shall also 
forward promptly all such reports or copies thereof to the state department 
of health, except as provided in paragraph (c) of this regulation. If the health 
officer ascertains that a physician has failed to report a case of communicable 
disease, he shall inform the physician of his failure to conform with the 
sanitary code, and, except in a county health district shall report to the state 
department of health the name and address of such physician. 
(c) In a county health district it shall be the duty of the local health 
officer upon the receipt of a report, under the provisions of paragraph (a) of 
this regulation, to forward such report at once to the county health officer. 
If the county health officer ascertains that the physician has failed to report 
such case of communicable disease, he shall inform the physician of his 
failure to conform with the sanitary code, and shall report to the state 
department of health the name and address of such physician, f 
* See Reg. 10; Public Health Law, §§ 21, 25-a; Agriculture and Markets Law, 
§§100-127. 
f See Public Health Law, § 20-b. 18 
The Sanitary Code 
Regulation 9. Physician to submit specimens for laboratory examination 
in cases or suspected cases of certain communicable diseases.* A physician 
in attendance on a person affected with or suspected of being affected with any 
of the diseases mentioned in this regulation shall submit to an approved 
laboratory, or to the laboratory of the state department of health for exam- 
ination such specimens as may be designated by the state commissioner of 
health, together with data concerning the history and clinical manifestations 
pertinent to the examination: 
Anthrax 
Chancroid 
Cholera, Asiatic 
Diphtheria 
Dysentery, bacillary 
Epidemic or streptococcus (septic) sore throat 
Glanders 
Malaria 
Meningococcus meningitis 
Ophthalmia neonatorum 
Paratyphoid fever 
Plague 
Syphilis 
Tularemia 
Typhoid fever 
Typhus fever 
Undulant fever 
Vincent’s angina 
(Amended May 20, 1932, June 28, 1932 and June 5, 1935.) 
* See Public Health Law, § 4-b, and regulations below. 
Directions Governing Submission of Specimens 
The following specimens should be submitted for laboratory examination, together 
with pertinent data concerning the history and clinical manifestations necessary for 
the examination. 
Anthrax 
1 Exudate from the lesion on a sterile swab (tube outfit with swab) ; 
2 Films of the exudate on glass slides (slide outfit). 
Chancroid 
In order to detect concurrent syphilitic Infection, submit the specimens specified 
under syphilis. 
Cholera, Asiatic 
1 A specimen of feces in a sterile container without preservative (Jar outfit) ; 
2 Ten cubic centimeters of blood to be examined for evidence of typhoid fever 
(typhoid tube outfit). 
Diphtheria 
A culture from the throat on Loeffier's blood-serum medium and, if symptoms of 
rhinitis are observed, a culture from the nose also (diphtheria culture outfit). 
Dysentery, Bacillary 
1 A specimen of feces (typhoid jar outfit containing 30-per-cent glycerol) ; 
2 Ten cubic centimeters of blood to be examined for evidence of typhoid fever 
(typhoid tube outfit). 
Epidemic or Streptococcus (Septic) Sore Throat 
A culture from the throat on Loeffler’s blood-serum medium, and the swab used 
in making the culture (diphtheria culture outfit). 
Glanders 
1 Ten cubic centimeters of blood (typhoid tube outfit) ; 
2 A specimen of discharge on a sterile swab (tube outfit with swab) ; 
3 Films of discharge on glass slides (slide outfit). 
Malaria 
Films of blood, on glass slides, preferably taken just before the expected chill 
(slide outfit). Chapter II 
19 
Meningococcus Meningitis 
A specimen of spinal fluid in a sterile container (tube outfit—swab or needle 
removed). 
Ophthalmia Neonatorum 
Films of the exudate from the eye on glass slides (gonorrhea slide outfit). 
Plague 
1 A specimen of discharge or aspirated fluid, if a bubo is present (tube outfit 
with swab); 
2 Ten cubic centimeters of blood (typhoid tube outfit) ; 
3 In the pneumonic type of plague, a specimen of sputum (jar outfit). 
Syphilis 
1 Fluid from the lesion to be examined for Treponema pallidum (chancre fluid 
outfit containing capillary tubes) ; 
2 Ten cubic centimeters of blood for the complement-fixation (Wassermann) test 
(syphilis tube outfit). 
3 When laboratory tests fail to disclose evidence of syphilitic infection, 10 cc. 
of blood for the complement-fixation (Wassermann) test, taken at weekly intervals 
until eight weeks have elapsed following the appearance of the primary lesion, 
unless evidence of syphilis is obtained earlier. 
Tularemia 
1 Ten cubic centimeters of blood (typhoid tube outfit) ; 
2 If ulcerating lesions are present, films of discharge on glass slides (slide 
outfit), and a specimen of discharge on a sterile swab (tube outfit with swab). 
Typhoid and Paratyphoid Fever 
1 Ten cubic centimeters of blood (typhoid tube outfit) ; if this is not practicable, 
from 2 to 4 drops of blood collected on a glass slide and allowed to dry (slide 
outfit); 
2 A specimen of fluid feces (typhoid jar outfit containing 30-per-cent glycerol) 
and, if there is evidence of localization in the genitourinary tract, a specimen of 
urine (typhoid jar outfit containing 30-per-cent glycerol). 
Typhus Fever 
1 Ten cubic centimeters of blood (typhoid tube outfit) ; 
2 A specimen of feces to be examined for evidence of typhoid fever (typhoid jar 
outfit containing 30-per-cent glycerol). 
Undulant Fever 
Ten cubic centimeters of blood (typhoid tube outfit). 
Vincent’s Angina 
1 Films of the exudate on glass slides (slide outfit); 
2 A culture from the exudate on Loeffier’s blood-serum medium, to be examined 
for diphtheria bacilli and hemolytic streptococci (diphtheria culture outfit). 
Regulation: 10. Health officer to confine animal which has bitten person; 
to kill suspected rabid animal and send head of such to laboratory,* The 
health officer shall cause any animal which is of a species subject to rabies, 
and which has bitten any person, to be confined for one week unless such 
animal develops active symptoms of rabies within that time in which case 
it shall be killed under the direction of the health officer. 
The health officer shall secure and confine or cause to be secured and confined 
under competent observation any animal within his jurisdiction suspected of 
having rabies for such time as may be necessary to determine the diagnosis. 
If such animal cannot be secured and confined, the health officer shall cause 
such animal to be killed. If an animal is known to have rabies it shall be 
killed under the direction of the health officer. 
Any animal subject to rabies, which has been bitten by a known rabid 
animal, or is known to have been in intimate contact with a rabid animal, 
shall be destroyed unless it shall be isolated at the expense of the owner 
for a period of six months in a veterinary hospital approved by the health 
officer. 
Whenever any animal that has or is suspected of having rabies dies or is 
killed it shall be the duty of the health officer to cause the head of such 
animal to be removed and sent immediately, properly packed, with a com- 
plete history of the case to a laboratory approved for this purpose by the 
state commissioner of health. (Amended Mav 20. 1932, June 28, 1932 and 
May 15, 1936.) 
• See Reg. 5. For instructions as to packing and shipping and other information, 
see Laboratory Manual, under Rabies. 20 
The Sanitary Code 
Regulation 11. Physician to isolate person with communicable disease and 
give instructions regarding prevention of spread of the disease.* It shall be 
the duty of the attending physician immediately upon discovering a ease of 
communicable disease to cause the patient to be isolated, pending official 
action by the health officer. Such physician shall also advise other members 
of the household regarding precautions to be taken to prevent further spread 
of the disease and shall inform them as to appropriate specific preventive 
measures. He shall in addition furnish the patient’s attendant with such 
detailed instructions regarding the disinfection and disposal of infective 
secretions and excretions as may be prescribed by the state commissioner of 
health. (Amended May 20 and June 28, 1932.) 
Regulation 12. Precautions to be observed for the prevention of ophthalmia 
neonatorum.f It shall be the duty of the attending physician, midwife, 
nurse or other person in attendance on a confinement to drop into both eyes 
of the infant immediately on delivery a one per cent solution of nitrate of 
silver or some other agent equally efficient for preventing ophthalmia 
neonatorum. 
Regulation 13. Health officer to investigate cases of communicable disease, 
to ascertain sources of infection, to seek out contacts and to take other steps 
to reduce morbidity and mortality. Except for diseases for which equivalent 
measures of investigation and control are specifically provided in other regu- 
lations of this code, it shall be the duty of the health officer, either person- 
ally or through a qualified representative, immediately upon receiving a 
report of a case of communicable disease: 
(a) To make such an investigation as the circumstances may require for 
the purpose of verifying the diagnosis, ascertaining the source of 
infection and discovering contacts and unreported cases; 
(b) To collect and submit, or cause to be collected and submitted, for 
laboratory examination such specimens as may furnish necessary or 
desirable information in determining the source of infection or in 
assisting diagnosis; and to furnish or to cause to be furnished 
with the specimens pertinent data on forms prescribed by the state 
commissioner of health in regard to the history of the cases, the 
physical findings and the epidemiological investigation which 
indicate the need for the examinations requested. 
(cj To give to a responsible member of every household living in the 
building in which such case exists or was taken sick, such appro- 
priate circular as may be issued or approved by the state com- 
missioner of health; 
(d) To assure himself that proper bedside disinfection is being employed, 
to instruct a responsible member of the household of the means to 
be taken to prevent further spread of the disease and to put into 
effect those other recognized measures which tend to reduce mor- 
bidity and mortality. (Amended May 2, 1932 and June 29, 1938.) 
Regulation 14. Contacts, date of last exposure, isolation and quarantine 
defined. For the purposes of this code 
(a) The term household contacts shall include every person in a house- 
hold wherein a case of communicable disease exists. 
(b) The term incidental contacts shall include persons other than house- 
hold contacts who have been in contact with a person affected 
with a communicable disease. 
(c) The date of last exposure of household contacts shall be deemed to 
be the date of the removal of such household contacts to premises 
other than those where the case exists, or the date of the removal 
of the patient to other premises, or the date of release of the 
patient from isolation. 
(d) Isolation, except as specifically modified in other regulations of this 
code, shall consist of 
* See Reg. 14-18. 
t See Penal Law. § 482, subd. 3. Chapter II 
21 
(1) Either (a) the care of the patient in a hospital approved by 
the local health officer for the care of such patients, or 
(b) The continuous separation of the patient or patients in a 
room used for no purpose other than their care from all persons 
except the physician and nurse or other person in attendance 
and such others as may be authorized by the health officer; and 
(2) Disinfection of any article likely to convey infection, before 
its removal from such hospital or room. (Amended May 
20, 1932.) 
(e) Quarantine of premises, except as specifically modified in other 
regulations of this code, shall consist of 
(1) Prohibition of entrance into or exit from the premises, as 
designated by the health officer, where a case of communicable 
disease exists of any person other than medical attendants 
and such others as may be authorized by the health officer. 
(2) Prohibition, without permission and instruction from the health 
officer, of the removal from such premises of any article liable 
to contamination with infective material through contact 
with the patient or with his secretions or excretions, unless 
such article has been disinfected. 
(3) Posting and maintaining at the entrance of the premises where a 
case exists a placard stating the existence therein of a com- 
municable disease. 
(f) Personal quarantine shall mean restricting household contacts and/or 
incidental contacts to premises designated by the health officer. 
(Amended May 20, 1932.) 
Regulation 15. Persons suffering from chickenpox, bacillary dysentery, 
measles, ophthalmia neonatorum, pneumonia, epidemic or streptococcus (septic) 
sore throat, typhoid and paratyphoid fever to be isolated. Whenever a case of 
one of the diseases mentioned in this regulation comes to the attention of the 
health officer, he shall establish and maintain isolation of such case for the 
period specified herein; when isolation on the premises is impracticable, the 
health officer may cause the removal of the patient to a suitable hospital. 
Chickenpox: Until recovery. 
Measles: Until recovery. 
Ophthalmia neonatorum: Until two successive specimens* of the discharges 
obtained from each eye, taken at intervals of not less than 48 hours, 
shall have been found free from gonococci or other causative micro- 
organisms in an approved laboratory. 
Pneumonia: Until recovery. 
Epidemic or streptococcus (septic) sore throat: Until recovery. 
Typhoid fever: For ten days after clinical recovery from the disease. After 
the termination of such period of isolation such patient shall conform to 
the regulations for the control of typhoid carriers! until two successive 
specimens* of feces passed not less than three weeks after the date of 
onset and at an interval of not less than five days shall have been 
examined in an approved laboratory and found to be free from typhoid 
bacilli; a person who has recovered from typhoid fever shall not engage 
in the handling of milk, dairy products or other foods until all secondary 
or complicating infections incited by the agents of this disease have dis- 
appeared and until four successive specimens! of the intestinal dis- 
charges and urine of the person passed not less than three weeks after the 
date of onset and at intervals of not less than five days have been 
examined in an approved laboratory and found to be free from typhoid 
bacilli; provided that any person, in whose feces or urine typhoid bacilli 
are present one year after such person has recovered from typhoid fever, 
shall be released from the restrictions for typhoid carriers only with the 
approval of the state commissioner of health. 
• See “Directions Governing Submission of Specimens’’ which accompany reg. 9 
Chap. II. 
f See Reg. 33. 22 
The Sanitary Code 
Paratyphoid fever or diseases associated with organisms of the paratyphoid 
enteritidis group: For five days after clinical recovery from the disease 
except that no person shall engage in the handling of milk, dairy products 
or other foods until clinical recovery and until four successive specimens 
of intestinal discharges and urine, passed not less than one week after 
the date of onset and at intervals of not less than five days shall have 
been examined in an approved laboratory and found to be free from 
organisms of the paratyphoid enteritidis group. 
Bacillary dysentery; For five days after clinical recovery from the disease 
except that no person shall engage in the hnadling of milk, dairy products 
or other foods until clinical recovery and until four successive specimens 
of intestinal discharges passed not less than one week after the date of 
onset and at intervals of not less than 24 hours shall have been examined 
in an approved laboratory and found to be free from organisms of the 
dysentery group. (Amended May 20, 1932 and January 21, 1938.) 
Regulation 16. Smallpox, Asiatic cholera, plague and typhus fever cases to 
he quarantined. Whenever a case of one of the diseases mentioned in this 
regulation shall come to the attention of the health officer he shall isolate 
such case and establish and maintain quarantine for the periods hereinafter 
provided. When isolation on the premises is impracticable, the health officer 
shall cause the removal of the patient to a suitable hospital or other building 
where isolation is practicable. 
Smallpox: Isolation of the patient until fourteen days after the develop- 
ment of the disease and until all skin lesions have healed. 
Quarantine of contacts who have not been previously vaccinated or 
have not had a previous attack of smallpox until three weeks after last 
exposure except that household contacts who do not continue to reside on 
the same premises as the patient and all other contacts who are suc- 
cessfully vaccinated within three days following first exposure may be 
released from quarantine after the reaction to vaccination has reached 
its height. Such contract shall be kept under daily observation by the 
health officer until three weeks have elapsed from the date of last 
exposure.* 
Contacts presenting evidence satisfactory to the health officer of 
previous successful vaccination or a previous attack of smallpox, who do 
not reside or continue to reside on the same premises with the patient, 
and upon revaccination show either an immune or an accelerated reaction, 
may be released from quarantine after the vaccinia reaction has reached 
its height. Such contact shall be kept under daily observation by the 
health officer until three weeks have elapsed from the date of last 
exposure.* 
Quarantine of Premises: Until release or removal of the patient and 
the household contacts. 
Cholera, Asiatic: Until release by the health officer. 
Plague: Until release by the health officer. 
Typhus fever: Until release by the health officer. (Amended June 26, 1929 
and October 27, 1939, effective December 1, 1939.) 
Regulation 17. Diphtheria, meningococcus meningitis, poliomyelitis and 
scarlet fever. Isolation of case, quarantine of children of household and 
modified quarantine for adult household contacts. Whenever a case of 
one of the diseases mentioned in this regulation shall come to the attention 
of the health officer, he shall isolate the patient and establish and maintain 
quarantine for the periods hereinafter stated, provided however that adult 
household contacts to a case of poliomyelitis or meningococcus meningitis 
shall not be quarantined and that if a case of diphtheria or scarlet fever 
is properly isolated on the premises, quarantine shall be so modified as to 
permit adult household contacts who show no evidence of infection and 
will not be subsequently exposed to the patient or his secretions or excre- 
tions to follow any vocation which does not involve the handling of food 
* See Public Health Law, §§ 21, 25 and 310-311, and Approved Methods of 
Vaccination. Chapter II 
23 
or close association with children. When isolation on the premises is 
impracticable, the health officer may cause the removal of the patient to 
a suitable hospital. 
Diphtheria: Isolation until two successive cultures* taken from the nose 
and throat at intervals of not less than twenty-four hours have been 
found free from diphtheria bacilli in an approved laboratory, the first 
of such cultures being taken not less than one week from the day of 
the onset of the disease; except that if diphtheria bacilli continue to 
be present in cultures after five weeks from the date of taking the first 
release culture, the health officer in his discretion may declare the 
person to be a diphtheria carrier. 
Personal Quarantine of household contacts except as otherwise 
provided herein until cultures taken from both nose and throat subse- 
quent to last exposure have been found free from diphtheria bacilli 
in an approved laboratory. 
Quarantine of Premises : Until release of patient and household 
contacts. 
Meningococcus meningitis: Isolation until two weeks after the temperature 
has become normal.f 
Personal Quarantine of children of household until release of patient. 
Poliomyelitis: Isolation until fourteen days after the day of the onset of 
the disease. 
Personal Quarantine of children of household until release of the 
patient. 
Scarlet fever; Isolation until twenty-one days after the development of 
the disease and until all discharges from the nose, throat and ears, 
and suppurating glands have ceased provided that such isolation shall 
not continue for more than ninety days. 
Personal Quarantine of household contacts except as otherwise 
provided herein until the release of the patient provided that if such 
contact does not continue to reside on the same premises as the patient, 
quarantine shall continue until one week after last exposure. 
Quarantine of Premises: Until release of patient and household 
contacts. (Amended May 20, 1932, June 26, 1934, March 15, 1935, and 
March 19, „ 1937.) 
Regulation 18. Whooping cough cases to be restricted. A person suffer- 
ing from whooping cough shall not be permitted to associate with children 
or attend public assemblies nor shall such a person, if a child, be per- 
mitted to leave the premises whereon he resides unless accompanied by an 
adult guardian who shall prevent contact with children. Such restrictions 
shall be maintained until the characteristic coughing has ceased and for one 
week thereafter provided that the maximum period of restriction shall be 
eight weeks. 
Regulation 19. Interference with placards prohibited. No person shall 
interfere with or obstruct any health authority in the posting of any placard 
stating the existence of a case of communicable disease, in or on any place 
or premises, nor shall any person conceal, mutilate, or remove any such 
placard, except by permission of the health officer. 
In the event of any such placard being concealed, mutilated or torn down 
it shall be the duty of the occupant of the premises whereon such placard 
was posted immediately to notify the health officer of such fact. 
Regulation 20. Removal of cases of communicable diseases from one health 
district to another restricted. No person affected with a disease mentioned 
in regulations 15 to 18 inclusive of this chapter shall he removed from one 
health district into another except with the permission of the health officer 
from whose district such person is removed and the permission of the health 
officer into whose jurisdiction such person is to be removed; and such removal 
♦ See “Directions Governing Submission of Specimens,” pp. 18, 19. 
f Amended March 19, 1937. 24 
The Sanitary Code 
sliall be by means of a private conveyance, in charge of a responsible person 
and conducted in such manner as to prevent enroute the exposure of other 
persons to the patient. 
Regulation 21. Isolation wards required in institutions for children. Every 
institution for children, in which twenty or more children sleep, shall be 
provided with at least one ward, room, apartment or tent so related to the 
living quarters of the institution as to permit therein proper isolation of a 
case of communicable disease. (Renumbered May 20, 1932.) 
Regulation 22. Handling of food forbidden in certain cases.* No person 
who suffers from cholera, amebic or bacillary dysentery, epidemic or strepto- 
coccus (septic) sore throat, paratyphoid fever, poliomyelitis (acute ante- 
rior), scarlet fever, tuberculosis, or typhoid fever, or who resides in a house- 
hold with a case of any of these diseases or is a carrier of the organisms 
causing any of them, shall serve or handle in any manner whatsoever, food 
intended for sale. 
Regulation 23. Destruction of foods in certain cases.* When a case of 
diphtheria, epidemic or streptococcus (septic) sore throat, amebic or bacil- 
lai’y dysentery, paratyphoid fever, scarlet fever, poliomyelitis (acute ante- 
rior), or typhoid fever exists on any farm or dairy producing milk, cream, 
butter, cheese, or other foods likely to be consumed raw, the state commis- 
sioner of health or the local health officer may destroy or order the destruc- 
tion of any such foods which in his opinion may have been infected. (Re- 
numbered May 20, 1932.) 
Regulation 24, Sale of food forbidden in certain cases.* When a case of 
diphtheria, epidemic or streptococcus (septic) sore throat, amebic or bacillary 
dysentery, paratyphoid fever, scarlet fever, poliomyelitis, or typhoid fever 
exists on any farm or dairy producing milk, cream, butter, cheese, or other 
milk products, no such milk or milk products shall be sold or delivered from 
such farm or dairy until such time as the local health officer shall have certi- 
fied on a form prescribed by the state commissioner of health the termination 
of the period of isolation of the disease occurring on the dairy farm as 
required in regulations 15 through 17, provided, however, that milk or milk 
products may be sold or delivered from such farm or dairy uf>on certification 
by the local health officer to the manager or other responsible person in charge 
of the dairy, creamery, plant or shipping station, of the following conditions: 
(a) That such milk or milk products are not brought into the house where 
such case exists; 
(b) That all persons coming in contact with such milk or milk products 
eat, sleep and work wholly outside such house; 
(c) That such persons do not come in contact in any way with such house 
or its inmates or contents; 
(d) That said inmates are properly isolated and separated from all other 
parts of said farm or dairy, and efficiently cared for; and 
(e) That a permit be issued by the health officer or in his absence by the 
district state health officer. (Amended January 19, 1934 and January 21, 
1938.) 
Regulation 25. Cleansing, renovation or disinfection, when required.-]- Ade- 
quate cleansing, renovation or disinfection of rooms, furniture, clothing and 
belongings when deemed necessary by the health officer or required by the 
public health law or by this code shall immediately follow release, death or 
removal of a person affected with a communicable disease. Such cleansing, 
renovation or disinfection shall be done under the direction of the health 
officer. Furniture, bedding, clothing, carpets, rugs or other articles which 
may have been contaminated with infective material and which are of such 
• See Reg. 4. also Labor Law. 5 338. 
t Thorough cleansing, the use of soap and water, and full exposure to fresh air 
and sunlight are most efficient means of removing infective material, not only from 
the walls and floors of rooms, but also from furniture and other articles. Chapter II 
25 
nature or in such condition that, they cannot, in the opinion of the health 
officer, be properly cleansed or disinfected, shall upon his order be destroyed 
in the manner designated by him. (Renumbered and amended May 20, 1932.) 
Regulation 26. Chancroid, gonorrhea and syphilis cases to be instructed, 
forbidden certain occupations, and otherwise restricted. Records not to be 
disclosed. It shall be the duty of a physician on the occasion of the first 
visit to or by a person suffering from chancroid, gonorrhea or syphilis to 
instruct said person in the precautions to be taken to prevent communica- 
tion of the disease to others, and to inform him of the necessity of continu- 
ing treatment until cured, and further to give him a circular of information 
and advice issued or approved by the state commissioner of health. 
No person suffering from the active form of gonorrhea or syphilis shall 
engage in any occupation involving intimate contact with children. 
When a person suffering from chancroid, gonorrhea or syphilis is reported 
by the attending physician in accordance with the requirements of regulation 
2 of this chapter as having discontinued treatment while potentially infectious, 
the state or local health officer to whom such cases of disease are reportable 
either personally or through a qualified representative, shall immediately make 
an investigation and, if in the judgment of the state or local health officer 
concerned further treatment is necessary to prevent the spread of disease, he 
shall require the patient to submit to such treatment.* 
When a person affected with gonorrhea or syphilis conducts himself so as 
to become a menace to the health of another person the state or local health 
officer to whom such cases of disease are reportable may cause his isolation as 
defined in regulation 14 of this chapter and article XVII-B, section 343-o of the 
public health law for such a period as the state or local health officer concerned 
may deem necessary. 
Records of the state department of health or of any local department of 
health or local health officer having custody of such records or of any labora- 
tory, clinic or other institution relating to cases of chancroid, gonorrhea or 
syphilis shall be confidential, except that access to such records other than 
laboratory reports by representatives of official public agencies or non-official 
agencies concerned with the control of such diseases may be permitted at the 
discretion of the state or local health officer having custody of such records. 
A statement that a report has been received from a physician of the existence 
of chancroid, gonorrhea or syphilis in an individual may be made to an agency 
as above indicated by a state health officer, or local health officer having 
custody of chancroid, gonorrhea or syphilis ease records, when in his judgment 
such disclosure will serve the best interest of the patient or his family, or 
contribute to the protection of the public health. An official or other person 
to whom such information is furnished or to whom access to such records 
has been given shall not disclose any such information except insofar as is 
necessary to serve the best interest of the patient or his family, or contribute 
to the protection of the public health. (Renumbered and amended May 20, 
1932, amended November 18, 1938 and May 19, 1939, effective July 1, 1939.) 
Regulation 27. Reported apparent cases of tuberculosis to be investigated; 
instruction by physician. Upon receiving a duly signed report of a person 
who appears to be suffering from tuberculosis pursuant to section 25 of the 
public health law, the state or local health officer to whom such cases are 
reportable shall cause an examination to be made of the case if it has not 
been previously reported by a physician as a case of pulmonary tuberculosis 
and shall take such further measures as may be indicated as a result of 
such examination; if such a person has been reported to him previously by 
a physician as one suffering from pulmonary tuberculosis and the physician 
has assumed the sanitary supervision thereof as permitted in section 328 
of the public health law, the state or local health officer concerned shall 
ascertain promptly whether such physician is maintaining proper sanitary 
supervision. 
* See Public Health Law, § 343-ii. 26 
The Sanitary Code 
It shall be the duty of a physician in attendance on a person affected with 
active pulmonary tuberculosis to instruct such person or a responsible 
member of his family not to permit intimate contact of the patient with 
children nor to engage in any occupation involving the handling of food. 
(Amended November 18, 1938, effective December 1, 1938.) 
Regulation 28. Records of tuberculosis cases confidential.* Records of the 
state department of health, or of any local department of health or local 
health officer having custody of such records, or of any laboratory, clinic, 
or other institution relating to cases of tuberculosis, shall be confidential, 
except that access to such records by representatives of official public agencies 
or non-official agencies concerned with the control of tuberculosis may be 
permitted at the discretion of the state or local health officer having custody 
of such records. A statement as to the existence of tuberculosis in an indi- 
vidual may be made to an agency as above indicated by a state health officer, 
or local health officer having custody of tuberculosis case records, when in 
his judgment such disclosure will serve the best interest of the patient or his 
family, or contribute to the protection of the public health. An official or 
other person to whom such information is furnished or to whom access to 
such records has been given shall not disclose such information except insofar 
as is necessary to serve the best interest of the patient or his family, or 
contribute to the protection of the public health. (Added February 2, 1915; 
formerly Reg. 8, chap. VII; transferred May 20, 1932, new section added 
November 18, 1938, effective December 1, 1938.) 
Regulation 29. Tuberculosis records.§ In any action or prosecution for 
violation of any of the provisions of the public health law, of the sanitary 
code, or of the ordinances or regulations of any local board of health, the 
person in charge of tuberculosis records or reports made in pursuance of the 
provisions of section twenty-five of the public health law may in obedience 
to a duly issued and served subpoena produce and allow to be placed in 
evidence the whole or any part of such records insofar as the same shall be 
deemed relevant by the court or by the judge presiding. (Added June 25, 
1918; formerly Reg. 14, chap. VII; transferred May 20, 1932, amended Novem- 
ber 18, L938, effective December 1, 1938.) 
Regulation 30. Health officer to inspect boarding or lodging houses in cer- 
tain cases. Every boarding house or lodging house where a person or per- 
sons affected with tuberculosis may be boarded or lodged shall be inspected 
by the health officer of the municipality, whose duty it shall be to see that 
the requirements of the public health law and the sanitary code are complied 
with, and to furnish for posting such sections of the sanitary code and the 
public health law as may be required by the state commissioner of health. 
It shall be the duty of the proprietor or other person in charge of such 
boarding or lodging house to post in a conspicuous place such sections of the 
sanitary code and the public health law. (Formerly Regs. 6, 7, and 8, Chap. 
VIII; combined and amended May 20, 1932.) 
Regulation 31. Carriers of disease germs defined; subject to restrictions.^; 
For the purpose of the public health law and this code a carrier of disease 
germs is a person in whose secretions or excretions the germs of a communi- 
cable disease are present but who does not present clinical evidence of such 
disease and who has not suffered from such disease within the periods speci- 
fied herein: 
Diphtheria 5 weeks 
Typhoid fever 10 days 
Provided that any person, in whose feces or urine typhoid bacilli are pres- 
ent, who has not suffered from typhoid fever within one year shall be deemed 
a chronic typhoid carrier. 
A person shall be deemed a carrier of disease germs if 
(1) the germs of communicable disease are found in his secretions or 
excretions by an approved laboratory; or 
* See Public Health Law, §§ 25, 322, and Reg. 29. 
§ See Reg. 28. 
t See Public Health Law, 5§ 36-a, 326-a. Chapter II 
27 
(2) epidemiological evidence points to such person as the source of one 
or more cases of communicable disease and such person refuses to 
submit specimens of his bodily secretions or excretions for labor- 
atory examination; or 
(3) such person is reported as a carrier of disease germs to the state 
department of health by the health authorities of New York city 
or of any state or nation. (Amended May 20, 1932 and January 21, 
1938.) 
Regulation 32. Duties of health officers in relation to typhoid carriers. 
The health officer, upon the determination that a person is a typhoid car- 
rier, shall immediately report the fact to the state department of health 
giving the full name, age, occupation and address of such carrier, together 
with any other information relative to possible or probable infection of 
others. He shall also inform such person, or in the case of a minor, his 
guardian, that he is a typhoid carrier and shall give instructions in detail 
as to the precautions to be observed in preventing the spread of typhoid 
fever. Instructions given by the health officer shall include a copy of regu- 
lation 33 of this chapter and directions to wash the hands thoroughly with 
soap and water immediately after using the toilet and to use individual 
towels. 
The health officer shall inform the head of the household in which a carrier 
resides that such an individual is a typhoid carrier and of the precautions 
to be observed, and no persons other than members of the family to which 
the carrier is immediately related, shall continue to be or become a member 
of the household in which the typhoid carrier lives, except with the per- 
mission of the health officer, and then only after the head of the household 
has first informed such person, or in the case of a minor, his parent or duly 
appointed guardian, of the presence of such carrier in the household. 
The local health officer, either personally or through a qualified represen- 
tative, shall visit each typhoid carrier in his jurisdiction at least once in each 
quarter of every year, in order to assure himself that the requirements of 
this code* for the control of typhoid carriers are being complied with and 
once in each quarter shall render a report regarding each such carrier to the 
state department of health upon a form prescribed for that purpose. 
Regulation 33, Control of typhoid carriers. (1) The urine and feces of 
a typhoid carrier shall be disposed of in such a manner that they will not 
endanger any public or private water supply or be accessible to flies. 
(2) No typhoid carrier shall prepare or handle any food or drink to be 
consumed by persons other than members of the household with whom he 
resides. 
(3) No typhoid carrier shall conduct or be employed in any restaurant, 
hotel or boarding house, or conduct a lodging house in which, prior to taking 
lodgers, a separate toilet and bathroom has not been installed for the use solely 
of the typhoid carrier, which toilet shall be located in a part of the house 
separate from any parts which may be occupied by a lodger. 
(4) No typhoid carrier shall reside or be employed in a boarding home 
for children. 
(5) No typhoid carrier shall engage in the occupation of nurse, cook, 
waiter, nursemaid or in any other occupation involving the handling of milk, 
cream, milk products, or utensils used in the production thereof. 
(6) No typhoid carrier shall be permitted to reside on premises on which 
one or more cows are kept except under conditions to be prescribed by the 
health officer, which conditions shall include a written agreement signed by 
the carrier, or if the carrier be a minor, by his parent or duly appointed 
guardian and by the owner of the cows or his representative. Such agreement 
shall stipulate either 
(a) that no milk, cream or other dairy products from such premises 
will be sold, or given away to persons other than members of the house- 
hold residing on such premises, or 
* See Chap. II, Reg. 33. 28 
The Sanitary Code 
(b) that milk and cream will be sold from such premises only after a 
special permit is issued by the local health officer and countersigned by 
the district state health officer and the local health officer of the jurisdic- 
tion in which the milk or cream is to be sold, provided, however, that a 
county health commissioner may issue such permit without the counter- 
signature of the district state health officer. Such permit and agreement 
shall provide that 
(1) the milk or cream be sold only to the individual or firm des- 
ignated in the permit, which individual or firm restricts its output 
to a pasteurized product. 
(2) the carrier will not engage in any activities involving milk- 
ing or the handling of milk, cream or dairy utensils, or enter the 
milk house or barns where the milk-producing cows are kept. 
(3) no milk or cream which is to be subsequently sold nor any 
utensils used in the production of milk or cream shall be brought 
into the house occupied by the carrier, 
(4) no changes shall be made in the source of the water supply 
or in the system by which it is distributed on the farm, nor in the 
means of sewage disposal, except with the approval of the local 
health officer and the district state health officer. 
(5) all other members of the carrier’s household except those who 
have had typhoid fever, shall have been vaccinated against typhoid 
fever. 
(7) No typhoid carrier shall change his usual place of abode without first 
notifying the local health officer giving the proposed new address, and the 
health officer shall immediately inform the state department of health and the 
health officer into whose jurisdiction such carrier is to remove. (Added May 
20, 1932, amended January 19, 1934.) 
Regulation 34. Release of typhoid carriers from control restrictions. A 
chronic typhoid carrier may be released from restrictions only on approval 
of the state commissioner of health, and for a chronic carrier in whose feces 
typhoid bacilli have been found release may be granted only after submission 
of the following evidence: 
(1) That the gall bladder has been removed; 
(2) That subsequent to the removal of the gall bladder, each of three speci- 
mens of the duodenal contents taken in a hospital at intervals of not less 
than 24 hours, has been examined by the laboratory of the state department 
of health and found to contain no typhoid bacilli; 
(3) That each of at least eight successive specimens of liquid feces, taken 
in a hospital on successive days, and under circumstances which do not per- 
mit of substitution, has been examined by the laboratory of the state depart- 
ment of health and found to contain no typhoid bacilli. (Added May 20, 
1932.) 
Regulation 35. Control of diphtheria carriers. (1) The local health officer, 
upon the discovery of a diphtheria carrier, shall immediately advise the 
carrier or his guardian of the condition and give detailed instructions regard- 
ing the precautions to be observed in the disposal of the secretions of the 
nose and mouth and in regard to association with other persons. If the 
carrier be a school child, the health officer shall immediately notify the school 
medical inspector, superintendent, or principal of the school. 
(2) A diphtheria carrier shall not leave the premises upon which he 
resides except by permission of the health officer, who shall issue such per- 
mission only when he is assured that necessary precautions will be taken for 
the protection of others. No diphtheria carrier shall be granted permission 
to attend school, church, Sunday school, moving picture show, or other place 
of public assemblage. 
(3) No children shall be permitted to visit premises occupied by a diph- 
theria carrier. Chapter II 
29 
(4) No milk, cream or milk products shall be sold or given away from a 
farm producing milk, on which a diphtheria carrier resides or is employed 
unless the requirements of section 6 (a) or subdivisions 1, 2 and 3 of section 
6 (b) of regulation 33 of this chapter have been complied with. 
(5) A diphtheria carrier shall be discharged from observation and restric- 
tions when after examination in an approved laboratory, a virulence test 
shows the organisms to be nonvirulent or when two successive cultures* from 
the nose and throat, taken at intervals of not less than twenty-four hours, 
have been found to contain no diphtheria bacilli. (Added May 20, 1932.) 
Regulation 36. Duties of undertakers. It shall be the duty of every per- 
son taking charge of the preparation for burial of the body of any person 
to ascertain whether such person died of a communicable disease and if such 
person died of Asiatic cholera, diphtheria, glanders, plague, scarlet fever, 
smallpox, or typhus fever, it shall be his duty to cause it promptly to be 
placed in a coffin or casket, which shall then be immediately and permanently 
closed. This regulation shall not be construed to prohibit the embalming 
of any such body, but if the body is to be embalmed the undertaker shall 
cause such embalming to be done immediately upon taking charge of the 
body, except that, when a permit for embalming is required this shall not 
proceed until the receipt of such permit. Immediately after the embalming 
he shall cause such body to be placed in a coffin or casket as hereinabove 
directed. 
After handling, embalming, or preparing for burial the body of a person 
dead of a communicable disease, such parts of the person’s garments, and 
utensils or other articles of the undertaker or his assistants, as may have 
been liable to contamination with infective material, shall be immediately 
cleansed or disinfected or sterilized. 
After handling the body of a person who has died of smallpox, the under- 
taker or embalmer and any of his assistants shall be subject to the regu- 
lations of this code pertaining to smallpox contacts. (Renumbered and 
amended May 20, 1932.) 
Regulation 37. Public funerals forbidden in certain cases.f A public or 
a church funeral shall not be held of any person who has died of Asiatic 
cholera, diphtheria, meningococcus meningitis, plague, poliomyelitis (acute 
anterior), scarlet fever, smallpox, or typhus fever, unless the consent of the 
local health officer has been first obtained. (Renumbered May 20, 1932.) 
Regulation 38. Importation, breeding, sale or offer of sale of psittacine 
birds prohibited. The importation, breeding, sale, or offer of sale of birds of 
the psittacine family is hereby prohibited, provided, however, that the impor- 
tation and breeding of such birds for scientific research or exhibition in public 
zoological gardens may be permitted subject to the approval of the state 
commissioner of health. This regulation is to take effect on the first day 
of October, 1939. (Added and renumbered May 2, 1938, amended September 
22, 1939.) 
Regulation 39. When to take effect. Every regulation in this chapter, 
unless otherwise specifically stated, shall take effect on the first day of 
September, 1932. (Renumbered February 18, 1938.) 
* See “Directions Governing Submission of Specimens”, pp. 18, 19 
t The purpose of this regulation is to prevent the spread of disease by any mem- 
ber of the deceased’s family or household who may be convalescent from the dis- 
ease, or who may have the disease in a mild or unrecognized form, or who may be a 
carrier thereof. 
The intent of the amendment is to make it possible for a health officer, at his dis- 
cretion, to issue permission for public funerals in instances in which there has been 
no contact between the deceased and his friends or relatives during his illness. CHAPTER III 
Milk and Cream 
(Adopted June 16, 1914) 
Regulation 1. Definitions. When used in this chapter the term “milk” 
means cow’s milk and goat’s milk for human consumption, either raw or 
pasteurized but in its original liquid state; the term “cream” means that 
portion of the milk containing not less than eighteen per centum of milk 
fat, and in liquid or frozen state for human consumption; the term “milk 
products” means skimmed milk, buttermilk, cultured milk, cultured skimmed 
milk, mineral modified milk, concentrated milk, drinks containing milk or 
skimmed milk or cream, sour cream, or cream to which any substance has 
been added and for use in fluid state or whipped; the term “milking animal” 
means milch cow or milch goat; the term “health officer” means the health 
officer or health commissioner of the municipality in which milk or cream 
is to be sold or offered for sale; the term “person” means a corporation, 
association, firm or individual; the term “producer” means a person who 
maintains milking animals for the purpose of obtaining milk for sale as such; 
the term “dairy” means the place where such milk is produced; the term 
“dealer” means a person who sells milk, cream or milk products to the con- 
sumer; the term “consumer” means any person who secures milk, cream or 
milk products to be used as such as a food by himself or others but not 
for resale except for consumption on the premises where resold or served; 
the term “bottling plant” means any place where milk and/or cream is 
bottled; the term “Vitamin D milk” means milk in which the Vitamin D 
content has been artificially increased; the term “bottle” means a container 
of glass so constructed as to be closed with a plug or lip covering type of 
milk bottle cap or a container of paper of a type approved by the state 
commissioner of health for single service use; and the term “hermetically 
sealed” means tightly sealed by a process of fusion or by a process of wedging 
or crimping. The terms “standard agar plate method” and “standard direct 
microscopic method” mean the methods adopted as standard by the state 
commissioner of health. (Added May 6, 1927, amended December 14, 1927, 
June 28, 1932, December 15, 1933, March 16, 1934, April 14, 1939 and May 
17, 1940.) 
Regulation 2. Permit required for sale of milk and/or cream and/or milk 
products. No person shall sell or offer for sale or deliver milk or cream or 
milk products to consumers, without first having obtained a permit from the 
health officer, unless such milk or cream or milk product has been obtained 
from a person holding a permit from the health officer and is to be consumed 
upon the premises where sold or served. A permit shall be granted only to a 
person who conforms to the requirements of this code. Permits shall be 
issued on forms prescribed by the state commissioner of health and the 
health officer shall transmit within five days a copy of each permit, except 
storekeepers’ permits, to the district state health officer. 
SECTION A—PERMITS Chapter III 
31 
All permits shall expire annually on the thirty-first day of December, 
unless another date is designated by the local board of health, and shall 
be renewable on or before such date in each year. 
A permit may be suspended at any time by the health officer or by the 
state commissioner of health for violation of the sanitary code or otherwise 
when deemed by him necessary for the protection of the public health; a 
permit may be revoked by the health officer or by the state commissioner 
of health after a hearing on due notice. The health officer may order any 
person holding a permit to exclude for a specified period the milk from any 
dairy failing to comply with any of the provisions of this chapter and may 
suspend the permit of any such person for failure to comply with such order. 
A permit for the sale of pasteurized milk and/or pasteurized cream shall 
be issued only after the health officer has been officially notified that the 
plant in which such milk and/or cream is pasteurized has been inspected as 
to apparatus, sanitary conditions and efficiency of operation by an authorized 
representative of the state department of health and that in these respects 
at the time of inspection the conditions found were such as to warrant 
issuance of a permit. 
A permit for the sale of “Special A Raw” milk and/or “Special A Raw” 
cream shall be issued only after the health officer has approved the dairies 
and bottling plant supplying such milk and/or cream and after due notice 
thereof to the state commissioner of health, such health officer has been 
officially notified by said commissioner that such dairies and such plant 
have been inspected as to apparatus, sanitary conditions and efficiency of 
operation, by an authorized representative of the state department of health, 
and that in these respects at the time of inspection the conditions found 
were such as to warrant issuance of a permit. (Renumbered May 6, 1927, 
amended May 6, 1927, May 19, 1930, June 28, 1932, December 15, 1933, March 
16, 1934, September 24, 1937, and April 14, 1939.) 
Regulation 3. Application for permit required. Every person seeking to 
obtain a permit to sell milk and/or cream and/or milk products shall make a 
written application in duplicate therefor to the health officer on a form 
prescribed by the state commissioner of health, in which shall be stated 
the grade or grades of milk and/or cream proposed to be sold and the esti- 
mated quantities of each. The health officer shall transmit the duplicate 
copy of each application except storekeepers’ applications within five days 
to the district state health officer. The applicant shall furnish the health 
officer or his authorized representative, upon demand, with the name of each 
producer, distributor, bottler, pasteurizer or shipper from whom the applicant 
receives or expects to receive milk or cream, together with the approximate 
amount to be furnished by each. If a permit be granted he shall thereafter 
maintain at all times accessible to the health officer or his representative, a 
complete record including the names and addresses of all persons from 
whom he at any time directly or indirectly, obtains milk and/or cream, 
with the approximate amount obtained from each and if obtained for a 
temporary period, the dates within which it was so obtained. Upon making 
any change in the source of such supply, he shall give notice thereof to the 
health officer not less than forty-eight hours before making such change. 
(Renumbered May 6, 1927, amended May 6, 1927, December 14, 1927, May 19, 
1930, June 28, 1932, September 24, 1937 and April 14, 1939.) 32 
The Sanitary Code 
Regulation 4. Inspection to be permitted. Every person engaged in the 
sale of milk and/or cream shall at any time allow the health officer or his 
representative or any authorized representative of the state commissioner 
of health to make such inspections, take such samples or specimens and 
examine such records as he may consider necessary for the purpose of carrying 
out the provisions of this chapter. (Renumbered May 6, 1927, amended May 
6, 1927, June 28, 1932 and April 14, 1939.) 
Regulation 5. Inspection, bacterial counts and physical examination 
required. The health officer, before issuing or renewing a permit to sell milk 
and/or cream shall cause an inspection to he made of every dairy farm 
where such milk or cream is produced and of every plant in which it is to be 
received, bottled, pasteurized or otherwise handled, the results to be recorded 
upon a form or forms prescribed by the state commissioner of health; he 
shall cause to be made by a licensed veterinarian approved by the state 
commissioner of health a physical examination of all milking animals pro- 
ducing milk to be sold or offered for sale as milk or as cream. The results 
of such inspections and examinations shall be recorded on a form or forms 
prescribed by the state commissioner of health. Records of physical exami- 
nations shall he filed with the health officer within three days after such 
examinations are made. A copy of such record shall also be filed at the 
plant to which milk is delivered and kept on file for a period of one year 
and until the record of a succeeding examination is filed. Whenever the 
veterinarian, upon examination of any milking animal shall consider the 
milk obtained from such animal to he unwholesome or unfit for human con- 
sumption, the milk shall not be sold or used for human consumption and 
such animal shall he removed from contact with the milking herd and shall 
not be returned to the milking herd until recovered and the milk obtained 
from such animal has been found by a licensed veterinarian to be fit for 
human consumption. The health officer shall also cause to be taken official 
samples of such milk and cream and shall cause bacterial counts to he made 
for the purpose of grading and determining whether the condition of such 
milk and cream is such as to be in compliance with the requirements of this 
chapter. Bacterial counts to be used for the purpose of grading shall be 
made by the standard agar plate method upon not less than four samples 
of milk or cream, each sample to be taken on a different day. Whenever 
more than one of four successive counts are higher than the limits herein 
prescribed for the grade, the milk and/or cream shall be considered not to 
meet grade requirements. Such bacterial counts, to he so used, shall be 
made only in a laboratory approved for such purpose by the state commis- 
sioner of health. Thereafter, at intervals of not more than three months, 
official samples of milk and cream before pasteurization and as delivered to 
consumers shall be taken and bacterial counts made. The standard direct 
microscopic method may be substituted for the standard agar plate method 
in the grading of milk or cream which has not been pasteurized. An official 
sample of milk or cream for bacteriological examination shall be one col- 
lected by the health officer or his official representative. An official sample 
of milk and/or cream before pasteurization shall be taken at the receiving 
station or pasteurizing plant and shall consist (1) of a sample of the mixed 
milk received on any day taken from the receiving tank or vats, or (2) of a 
series of weigh vat samples for any day from each producer delivering milk Chapter III 
33 
for pasteurization, or (3) of a series of producer samples as hereinafter 
defined from all producers taken on the same or successive days. Samples 
of milk from producers shall be considered official when collected from each 
can of milk delivered by each producer on any day at a shipping station, 
bottling or pasteurizing plant. Official samples of dealer’s milk shall be 
collected as delivered to the consumer or other dealer but while in the pos- 
session of the dealer. 
The health officer may, however, in his discretion, accept and use in con- 
nection with the issuance of such a permit the reports of the health officer 
of another municipality or of the state department of health with reference 
to inspections, bacterial counts and physical examinations of milking animals, 
when furnished with official records of the results thereof. 
The health officer, when convinced that an applicant is complying or will 
comply with the requirements of this chapter, may in his discretion issue 
to such applicant a temporary permit to sell milk and/or cream pending 
the completion of the inspections and the examinations of milk and/or 
cream samples and of milking animals herein prescribed, or to provide reason- 
able opportunity for completion of necessary changes in methods or equip- 
ment, but such a temporary permit shall not continue in effect more than 
thirty days. (Renumbered May 6, 1927, amended May 6, 1927, December 
14, 1927, June 26, 1929, May 19, 1930, June 28, 1932, December 15, 1933, and 
April 14, 1939.) 
Regulation 6. Milk or cream sold or served by stores and public eating 
places. Except as otherwise provided herein, no milk or cream or milk 
products shall be sold in any store, market, stand or other public place, 
unless the proprietor or manager thereof has first obtained a permit from 
the health officer. Every proprietor or other person in charge of any store, 
hotel, restaurant, soda fountain, milk bar, roadside stand or other public 
place where milk or cream is sold or served either alone or, without cooking, 
in combination with or upon any other drink or food substance, to be 
consumed on the premises or elsewhere shall, upon demand, furnish the 
health officer, or his representative, with the names and addresses of all 
persons from whom he receives milk or cream. 
In every such place, except stores selling only bottled milk and/or cream 
that is or are not to be consumed on the premises where sold, there shall at 
all times be displayed prominently where easily legible by all customers, a 
statement indicating clearly whether raw or pasteurized milk and/or cream 
is being served. Such statement shall appear upon a placard conspicuously 
posted or upon the menus, if menus are regularly used. 
Such milk or cream as well as that sold in bottles which is not to be 
consumed on the premises where sold, shall be kept in a suitable clean place 
at a temperature of 50 degrees Fahrenheit or lower until sold or served. 
(Renumbered May 6, 1927, amended May 6, 1927, June 28, 1932, December 15, 
1933 and April 14, 1939.) 
Regulation 7. Construction and maintenance of utensils and apparatus. 
All pails, cans, containers, pipes, pumps, valves, coolers or other utensils 
or apparatus used for the collection, treatment or storage of milk or cream 
shall have smooth inner surfaces and otherwise be so constructed as to be 
readily cleaned, shall have all seams with which milk or cream comes in 
SECTION B—REQUIREMENTS OF GENERAL APPLICATION 34 
The Sanitary Code 
contact flush, shall have no threads exposed to milk, and shall be free from 
dents and rust spots. Pipes, pumps, valves, milking machines and other 
apparatus shall be so constructed as to be easily inspected, disassembled 
and cleaned. Coolers shall be maintained free from leaks. Surface coolers 
shall be provided with suitable covers unless such coolers are located in a 
well-protected, dust-free room used for no purpose other than the cooling 
of milk or cream. Stools used during milking shall be so constructed as 
to be readily cleaned and shall be kept clean. (Renumbered May 6, 1927 
and June 28, 1932, amended May 6, 1927, June 28, 1932 and December 15, 1933.) 
Regulation 8. Containers utensils and apparatus to be cleaned, sterilized 
and properly stored. Adequate facilities for the cleansing and sterilization 
of all utensils, containers and apparatus used in the production, handling, 
transportation, treatment or storage of milk or cream shall be provided by 
producers and dealers. All such containers, apparatus and utensils except 
approved single service containers of a type approved by the state commis- 
sioner of health shall be thoroughly washed and cleaned immediately after 
each use and shall be sterilized daily. Washed and sterilized containers, if 
stored, shall be inverted until about to be filled and so protected as to prevent 
contamination. 
Parts of equipment, if not immediately reassembled after washing, and 
all containers and utensils shall be suitably stored to permit drainage and 
prevent contamination. 
Milking machines shall be rinsed after each milking, washed and sterilized. 
Such machines shall be disassembled at least once each day before washing 
except when an equally efficient method of cleaning is approved by the health 
officer. (Renumbered May 6, 1927 and June 28, 1932, amended May 6, 1927, 
June 28, 1932, December 15, 1933, and May 17, 1940.) 
Regulation 9. Receptacles to be kept in sanitary condition. When to be 
condemned and seized. Every can or other vessel used to contain milk or 
cream shall be kept constantly in a clean and sanitary condition. When 
emptied and before being returned to a producer by a bottling, pasteurizing 
or shipping plant every such can or other vessel shall be effectively cleansed 
and sterilized. The local health officer or his representative shall condemn 
any such can or other vessel found by him to be in such condition that it 
cannot by washing be rendered clean and sanitary. 
It shall be the duty of all persons to whom milk or cream is delivered to 
clean thoroughly the containers in which uuch milk or cream is delivered, 
before returning such containers. No person shall use or cause or allow to 
be used any container used in the transportation of milk or cream for any 
purpose other than the holding of milk or cream, nor shall any person place 
therein, except for the purpose of cleansing, any article or substance other 
than milk or cream. (Renumbered May 6, 1927 and June 28, 1932, amended 
May 6, 1927 and June 28, 1932.) 
Regulation 10. Suitable water supply to be provided. An adequate water 
supply of a safe sanitary quality shall be provided for the washing and 
cleansing of utensils, containers and apparatus used in the handling of milk 
or cream and in bottling and pasteurizing plants for cooling milk or cream. 
No privy, cesspool, pile of manure, stable or other source of pollution shall 
be located in such proximity to the source of water supply as to make the 
pollution of the same probable. (Renumbered May 6, 1927 and June 28, 1932, 
amended May 6, 1927, June 28, 1932 and December 15, 1933.) Chapter III 
35 
Regulation 11. Suitable flush closets or sanitary privies to be provided. 
Satisfactory flush closets or sanitary privies shall be provided at dairy farms 
and at all plants where milk or cream is handled. (Added June 28, 1932.) 
Regulation 12, Milk and cream to be kept cold. All dairy farms, shipping 
stations, bottling and pasteurizing plants shall have adequate facilities for 
the proper cooling and storing of milk or cream. Milk to be labeled or 
designated as Grade A Pasteurized, Special A Raw or Grade A Raw, shall 
be cooled immediately after milking to a temperature of 50 degrees Fahren- 
heit or less, except morning’s milk which is to be delivered to a shipping 
station, bottling or pasteurizing plant before eight A. M. standard time, 
or between December first and April first, before nine A. M. and night’s 
milk which is to be so delivered immediately. Milk to be labeled or desig- 
nated as Grade B Pasteurized shall be cooled immediately after milking to a 
temperature of GO degrees Fahrenheit or lower, except morning’s milk which 
is to be delivered to a shipping station, bottling or pasteurizing plant before 
nine A. M. and night’s milk which is to be so delivered immediately. Milk 
from each farm shall be delivered to the milk plant in separate containers. 
After delivery to a shipping station, bottling or pasteurizing plant all 
milk and/or cream shall be maintained at a temperature of 50 degrees 
Fahrenheit or lower until delivery to the consumer, except during processing 
requiring the heating of the milk or cream. 
Bottled milk or cream, if stored in water, shall be so stored that the 
tops of the bottles will not be submerged. (Renumbered May 6, 1927 and 
June 28, 1932, amended May 6, 1927, May 19, 1930, June 28, 1932, March 16, 
1934 and April 14, 1939.) 
SECTION C—PRODUCTION 
Regulation 13. Sale of certain milk prohibited. No milk or cream shall 
be sold or offered for sale other than that which is fresh, clean, obtained 
from healthy milking animals, and free from any bloody, stringy or 
abnormal milk and free from colostrum. (Renumbered May 6, 1927 and June 
28, 1932, amended May 6, 1927, May 19, 1930, December 15, 1933 and April 
14, 1939.) 
Regulation 14. Mastitis. The producer shall exercise constant vigilance 
to detect promptly the existence in any milking animal of any inflamed 
condition of the udder or teats. Upon occurrence of mastitis, garget or 
other inflamed condition of the udder or teats of a milking animal, the 
dairyman shall immediately exclude the milk from such milking animal. 
(Added May 19, 1930, renumbered June 28, 1932, amended November 14, 1931, 
June 28, 1932 and April 14, 1939.) 
Regulation 14-a. Illness among milk handlers. No person suffering from 
sore throat, discharging sores, or any illness involving fever shall be per- 
mitted to milk or to handle milk or milk utensils until he has been examined 
by a physician and determined not to be suffering from any infection 
communicable through milk. (Added April 14, 1939.) 
Regulation 15. Stables and yards to be kept in sanitary condition. Stables 
in which milking animals are housed shall be kept clean. The floors, beds 
and gutters shall be of concrete or similar impervious material and water- 
tight. The ceilings shall be dust-tight and both walls and ceilings shall 
be whitewashed at intervals of not more than one year or painted once 36 
The Sanitary Code 
every two years and shall be kept free from dust and cobwebs. Windows 
shall be provided, kept clean and so arranged as to insure adequate light 
properly distributed. Adequate ventilation shall be maintained. Manure 
shall be removed at least once daily and so disposed of that the milking 
animals will not have access thereto. Liquid matter shall at no time be 
allowed to accumulate under or around the stable, except in properly con- 
structed receptacles. The yard for milking animals shall be properly drained. 
No hogs, pigeons or fowls shall be permitted in the stable. Nothing herein 
contained shall be deemed to prohibit the use of straw sheds into which milk- 
ing animals are turned for exercise providing that such straw sheds are 
well lighted and are bedded frequently with clean fresh straw. (Renumbered 
May 6, 1927 and June 28, 1932, amended May 6, 1927, December 14, 1927, 
June 28, 1932, December 15, 1933 and April 14, 1939.) 
Regulation 16. Milking animals and hands of milker to be clean. Long 
hairs on the flanks, udders and tails of milking animals, except the brushes 
of the tails, shall be kept clipped. All milking animals shall be clean at 
time of milking. The hands of milkers shall be clean and dry at the time 
of milking. (Renumbered May 6, 1927 and June 28, 1932, amended May 6, 
1927, December 14, 1927, June 28, 1932 and April 14, 1939.) 
Regulation 17. Milk house or milk room to be provided. A properly con- 
structed, lighted and ventilated milk house or milk room shall be provided 
and used exclusively for the handling of milk. It shall not open directly 
into a stable or into any room used for domestic purposes and shall be 
maintained in a clean condition and kept free from flies. Milk shall be 
removed from the stable as soon as the milking pail is filled and shall be 
immediately strained in the milk house or room. Only sterilized single serv- 
ice strainer discs shall be used. 
The floors of milk houses constructed, reconstructed or extensively altered 
after July 1, 1934 shall be of concrete or similar impervious material. Such 
milk houses excepting those having walls of smooth masonry shall be ceiled 
in such a manner as to be easily cleaned. Unless another approved refrig- 
erating system is used, a cooling vat with hinged cover and of sufficient 
capacity to cool adequately the milk produced shall be provided in such 
milk houses. Adequate metal racks shall be provided and used for the stor- 
age of containers and utensils unless a satisfactory drying chamber is pro- 
vided and used. (Renumbered May 6, 1927 and June 28, 1932, amended May 
6, 1927, December 14, 1927, June 28, 1932 and December 15, 1933.) 
Regulation 18. Tuberculin test, Bang abortion disease and mastitis. When- 
ever milk or cream is to be sold as from tuberculin tested milking animals, 
all animals in the herd shall be given a tuberculin test annually, except when, 
in an accredited county, a longer period is approved by the commissioner of 
agriculture and markets under the accredited herd plan, such test to be 
made by a veterinarian approved by the state department of agriculture 
and markets and to be conducted in accordance with the provisions of the 
agricultural laws of the state of New York. No animal shall be added to 
the herd at any time unless it has passed the tuberculin test, and the milk 
or cream from any milking animal giving a positive reaction to such test 
shall be excluded from sale as milk or cream from tuberculin tested milking 
animals. Chapter III 
37 
In herds producing milk to be designated as Certified or Certified-Pas- 
teurized the tuberculin test shall be applied at intervals of not less than six 
months except when no additions are made to fully accredited herds and a 
longer interval is approved by the state commissioner of health. A copy 
of the record of the tuberculin test shall be filed at the plant to which 
milk is delivered and shall be kept on file and accessible to the health officer 
for one year and until the record of a succeeding test is filed. 
Whenever milk or cream is to be sold as from milking animals free from 
Bang abortion disease, either the herd shall be placed under the official 
Brucella abortus blood testing program supervised by the United States 
Department of Agriculture and the New York State Department of Agricul- 
ture and Markets or samples of blood from all animals in the herd shall 
be taken and examined by the Brucella abortus agglutination test in a 
laboratory approved for such purpose by the state commissioner of health 
and the results reported to the health officer. Unless tests are being made 
under the Department of Agriculture plan, such tests shall be made at 
intervals of not more than three months, unless after repeated tests showing 
no reacting animals in the herd a longer period be approved by the state 
commissioner of health. All animals providing blood specimens which show 
an agglutination with Brucella abortus antigen in a dilution of one to one 
hundred or greater shall be considered as infected with Bang abortion 
disease. In herds producing milk to be sold or offered for sale as Certified, 
Certifled-Pasteurized, Special A Raw or Grade A Raw milk or cream, milking 
animals infected with Bang abortion disease shall be immediately removed 
from the milking herd and the milk from such animals shall be excluded 
from sale as Certified, Certified-Pasteurized, Special A Raw or Grade A Raw 
milk or cream. 
Whenever milk or cream is to be sold as from milking animals free from 
mastitis all milking animals showing any evidences of mastitis upon physical 
examination by a licensed veterinarian are to be excluded from the milking 
herd and not readmitted while showing evidences of mastitis and the first 
streams of milk from each teat of each milking animal at each milking 
shall be milked through a fine metal mesh or dark colored cloth for the pur- 
pose of detecting abnormal milk and such fore-milk shall be discarded. When 
any abnormal fore-milk is detected in any portion of the udder, the milk 
from that milking animal shall be excluded and such animal shall be 
excluded from the milking herd and subjected to a physical examination 
by a licensed veterinarian and shall not be readmitted to the milking herd 
without the approval of the veterinarian after reexamination. (Renumbered 
May 6, 1927 and June 28, 1932, amended May 6, 1927, December 14, 1927, 
May 19, 1930, June 28, 1932, December 15, 1933, January 19, 1934, March 
16, 1934, October 18, 1935 and April 14, 1939.) 
SECTION D—SHIPPING STATIONS, BOTTLING AND PASTEURIZING 
PLANTS 
Regulation 19. Buildings. Rooms or buildings in which milk or cream is 
received, bottled, pasteurized or stored and/or in which milk or cream con- 
tainers are washed and sterilized shall be suitable for such purpose, well 
lighted and ventilated and kept clean and free from flies and shall not 
open directly into a stable or into any room used for domestic purposes. 
The floors shall be watertight and impervious, well drained and proper dis- 
posal of drainage provided. The walls and ceilings of such room shall be 38 
The Sanitary Code 
of tight construction. A separate room shall be provided in which cans, 
bottles and other utensils shall be received and cleaned except in plants 
where all washing operations are completed before any pasteurizing or bot- 
tling operations are commenced. Nothing in this regulation shall be inter- 
preted as preventing farmers’ cans from being washed in the receiving room. 
(Renumbered May 6, 1927 and June 28, 1932, amended May 6, 1927, December 
14, 1927, June 28, 1932, December 15, 1933.) 
Regulation 20. Facilities for washing hands to be provided and used. 
Conveniently located washing facilities, including running water, soap and 
individual sanitary towels shall be provided and used. All persons carrying 
on work which may bring their hands in contact with milk or cream or 
with sterilized surfaces with which either milk or cream may come in 
contact, shall keep their hands clean while so engaged. (Added June 
28, 1932.) 
Regulation 21. Bottling and capping machines to be provided and used. 
No milk or cream shall be bottled except by means of mechanical bottle 
fillers and cappers. Such bottle fillers shall be covered with suitable tight 
fitting covers while in use. Caps shall be procured in sanitary tubes and 
kept therein in a clean place until used. (Renumbered May 6, 1927 and June 
28, 1932, amended May 6, 1927, May 19, 1930 and June 28, 1932.) 
Regulation 22. Pasteurization defined. No milk or cream shall be labeled 
or designated as pasteurized unless 
(a) Every particle of such milk or cream has been subjected to a tem- 
perature of 143 degrees Fahrenheit or more continuously for not less than 
thirty minutes in pasteurizing apparatus of a type approved by the state 
commissioner of health, or 
(b) Every particle of such milk and/or cream is subjected to a tempera- 
ture of 160 degrees Fahrenheit or more continuously for not less than fifteen 
seconds in pasteurizing apparatus of a type approved by the public health 
council and installed under the written permission of the state commissioner 
of health. (Renumbered May 6, 1927 and June 28, 1932, amended May 6, 
1927, December 14, 1927, March 14, 1928, May 20, 1932, June 28, 1932 and 
December 15, 1933.) 
Regulation 23. Pasteurizing equipment and operation. All pasteurizing 
plants shall be so equipped and operated that the milk and/or cream shall 
conform to the requirements of this code. 
Pasteurizers shall be protected against leakage of unpasteurized milk 
into the holding compartment during the holding and emptying periods, shall 
be protected against a leakage of milk into the outlet line during the filling 
and holding periods by a method approved by the state commissioner of 
health, shall be free from foam having a temperature of less than 143 degrees 
Fahrenheit during the holding period, and shall be provided Avith suitable 
tight fitting covers kept closed during operation and so constructed that 
anything on the covers will not drop into the milk or cream when the covers 
are in either their open or closed position. 
Every pasteurizing plant in which milk or cream is heated to the pasteur- 
izing temperature before being introduced into the holder shall be equipped 
with a suitable automatic temperature controlling device which shall be so 
installed as to regulate effectively the temperature of the milk or cream dur- 
ing the heating period. Chapter III 
39 
Each high-temperature, short-time pasteurizer shall be equipped either 
with an automatic milk pump stop or with a flow diversion valve. Such 
pump stop or flow diversion valve shall be kept, at all times, in proper 
working order and adjustment so that it will immediately stop the flow 
of milk or cream through the apparatus or divert such flow for reheating 
when the temperature of the heated milk or cream at the pump stop or flow 
diversion control bulb reaches ICO degrees Fahrenheit during descending 
temperatures and shall not start the flow to the cooler until a temperature 
of 100 degrees Fahrenheit is reached during ascending temperatures. Such 
bulb shall be so placed that any milk or cream passing the bulb will be 
held at least fifteen seconds by color test before being discharged. 
Regenerative and surface coolers and heaters shall be so constructed and 
maintained as to prevent any unpasteurized milk or cream from mixing 
with pasteurized milk or cream. 
Each pasteurizing apparatus shall be equipped with an accurate indicating 
thermometer and temperature recording device of a type approved by the 
state commissioner of health. 
Indicating thermometers shall be of the liquid-filled stem or angle type 
installed as approved by the state commissioner of health. Such thermometers 
shall have at least 1/1G inch scale divisions per degree, shall have a mark 
etched in the glass at pasteurizing temperature and shall be accurate at 
that temperature. 
Recording thermometers shall be built to use charts having not less than 
1/1G inch scale divisions per degree within three degrees above and below 
pasteurizing temperature on the standard 12 hour chart and shall be properly 
installed and accurate at such temperature. Such charts shall be dated 
daily, kept on file for at least ninety days, and shall be changed daily; 
except that with the written permission of the health officer, records for 
more than one day may be placed on a chart. All recording thermometers 
shall be checked against the indicating thermometers daily by the plant 
operator and shall be kept in good operating condition. The location of the 
bulbs of recording thermometers in the milk or cream shall be subject to 
the approval of the state commissioner of health. (Added June 28, 1932, 
amended December 15, 1933 and April 14, 1939.) 
Regulation 24. Protection of pasteurized milk and cream. Pasteurized 
milk and cream; 
Shall be removed from the pasteurizer only through a closed system of 
sanitary milk piping; 
Shall be immediately cooled to a temperature of 50 degrees Fahrenheit or 
lower and immediately placed in clean, sterilized containers which shall 
immediately be capped or tightly covered; 
Shall not be discharged through pipes, pumps and/or equipment which 
have been previously used for unpasteurized milk and have not been subse- 
quently sterilized; 
Shall not be strained or filtered except through a metal strainer which 
is so arranged as to be a part of and sterilized with the bottling machine. 
Milk shall not be repasteurized. 
Milk shall not be transferred after pasteurization to another plant or 
place to be bottled except after approval by the state commissioner of 
health upon recommendation of the health officer. (Added June 28, 1932, 
amended December 15, 1933 and March 10, 1931.) 40 
The Sanitary Code 
SECTION E—GRADES 
Regulation 25. Designations of milk. No milk shall be sold or offered 
for sale unless it shall bear prominently one and only one of the following 
designations: 
Certified-Pasteurized 
Grade A Pasteurized 
Grade B Pasteurized 
Certified 
Special A Raw 
Grade A Raw 
No false, ambiguous or misleading word, term or design shall appear on 
any cap or tag containing such designation, nor upon the containers. 
The caps or tags on the containers or if caps are not used, the containers 
shall bear the grade designation in the exact form and size designated by 
the state commissioner of health in the following colors: for Certified- 
Pasteurized, the word Certified in red and the word Pasteurized in black; 
for Grade A Pasteurized, black; for Grade B Pasteurized, bright green; for 
Certified, red; for Special A Raw, blue; for Grade A Raw, bright red; pro- 
vided, however, that when the grade designation is embossed in metal no 
color is required. The name and address of the dealer shall also appear 
upon the cap, tag, or container. No printed or other matter appearing on 
the cap or tag shall be so placed as to obscure the grade designation and 
name and address of the dealer which shall be clearly visible without the 
removal of an outer cap or covering. 
No unused caps or tags shall be kept in any store in which milk or cream 
is sold nor on any vehicle while in use for the delivery of milk or cream, 
nor on any person while engaged in delivering milk or cream. 
All milk shall be delivered to the consumer in bottles except that with the 
written permission of the health officer, milk in receptacles containing ten 
quarts or more, properly labeled as to grade and destination and with covers 
sealed, may be delivered and sold to hospitals, institutions, camps, hotels, 
restaurants and other public eating places to be consumed on the premises 
but not to be dispensed in bottles, and except that with the written permission 
of the health officer, such milk may be sold to customers in quantities of 
four quarts or less at the dairy in containers provided by such customers. 
No milk shall be held, kept, offered for sale, transported or delivered in 
any municipality or health district, for human consumption in fluid form in 
such municipality or health district, except milk to be pasteurized which is 
enroute to or stored at approved plants, unless such milk meets the require- 
ments of this chapter and of local health regulations, if any, for a grade 
of milk permitted to be sold for human consumption in fluid form in such 
municipality or health district. 
Certified-Pasteurized. No milk shall be labeled or designated as Certified- 
Pasteurized unless before pasteurization it conforms to the requirements of 
this chapter for “Certified” milk, is pasteurized in accordance with the 
requirements of this chapter and is so produced, handled and cooled as to 
give before pasteurization a bacterial colony count of not more than 10,000 Chapter III 
41 
per cubic centimeter and unless it shall give at any time after pasteurization 
and previous to delivery to the consumer a bacterial colony count of not 
more than 500 per cubic centimeter. 
Such milk shall be delivered to the consumer within thirty hours after 
pasteurization in bottles filled and capped at the dairy, except as herein- 
before provided. The caps used shall completely cover the pouring lips of the 
bottles. 
Grade A Pasteurized. No milk shall be labeled or designated as Grade A 
Pasteurized unless it is so produced, handled and cooled as to give before 
pasteurization a bacterial colony count of not more than 100,000 per cubic 
centimeter and unless it shall give at any time after pasteurization and 
previous to delivery a colony count of not more than 30,000 per cubic 
centimeter. 
No milk shall be labeled or designated as Grade A Pasteurized unless 
physical examinations of the milking animals are made at intervals of not 
more than six months and unless the first streams of milk from each teat 
of each milking animal at each milking is milked through a fine metal mesh 
or dark colored cloth for the purpose of detecting and rejecting abnormal 
milk and such fore-milk is discarded. 
Such milk shall be delivered to the consumer within thirty-six hours after 
pasteurization, in bottles filled and capped at the place of pasteurization, 
except as hereinbefore provided. The caps used shall completely cover the 
pouring lips of the bottles except when the use of another type of cap is 
approved by the state commissioner of health upon recommendation of the 
health officer. 
Grade B Pasteurized. No milk shall be labeled or designated as Grade B 
Pasteurized unless it is so produced, handled and cooled as to give before 
pasteurization a bacterial colony count of not more than 300,000 per cubic 
centimeter if pasteurized at the place of production or of 300,000 at the 
shipping station and of 750,000 at the pasteurizing plant if shipped by rail 
to such plant, and unless it shall give at any time after pasteurization and 
previous to delivery a colony count of not more than- 50,000 per cubic 
centimeter. 
Such milk shall be delivered to the consumer within forty-eight hours after 
pasteurization, in bottles filled and capped at the place of pasteurization, 
except as hereinbefore provided. 
Certified. No milk shall be labeled or designated as Certified unless it is 
so produced, handled and cooled as to give at any time previous to delivery 
to the consumer a bacterial colony count of not more than 10,000 per cubic 
centimeter according to official samples taken and examined at intervals of 
not more than one week and unless it conforms to the requirements of this 
chapter, and is produced under the supervision of a milk commission 
appointed by a medical society chartered by the medical society of the state 
of New York and registered with the names and addresses of its members, 
with the state department of health. 
No milk shall be so labeled or designated unless such milk is from milking 
animals which have passed the tuberculin test, are free from Bang abortion 
disease and from mastitis and are given a physical examination by a licensed 
veterinarian at intervals of not more than one month. Each milking animal 
used in the production of Certified milk shall be ear-marked with a permanent 42 
The Sanitary Code 
identification number and a complete record of all tests and examinations 
sliall be made in a herd record book which is at all times accessible to the 
health officer. 
No milk shall be so labeled or designated unless all employees at the dairy 
(1) are shown before employment, by the examination of body discharges in 
an approved laboratory, to be free from the germs of diseases which may be 
rnilkborne, (2) are given a physical examination weekly by a licensed 
physician and (3) thoroughly wash and scrub their hands immediately before 
engaging in milking or in any operation that may bring their hands in 
contact with milk or with sterilized surfaces of containers or equipment. 
No milk shall be so labeled or designated unless suitable separate rooms 
are provided for receiving milk, for carrying on the work of washing and 
sterilizing the utensils and bottles and for carrying on bottling operations. 
Each county medical milk commission shall report to the state commissioner 
of health on a form prescribed by said commissioner at least once in each 
month the results of examinations, tests and inspections made during the 
preceding month. 
Failure on the part of any county medical milk commission or its employees 
to comply with the requirements of this chapter shall be deemed sufficient 
ground for refusal by the health officer to issue a permit for the sale of 
certified milk based upon its certification. 
Such milk shall be delivered to the consumer within thirty hours after 
milking in bottles filled and capped at the dairy, except as hereinbefore 
provided. The caps used shall comjaletely cover the pouring lips of the bottles. 
Special A Raw. No milk shall be labeled or designated as Special A Raw 
unless it is obtained from milking animals which have passed the tuberculin 
test, and are free from Bang abortion disease, and are free from mastitis, 
and are subjected to physical examination by a licensed veterinarian at 
intervals of not more than three months. Such milk shall be so produced, 
handled and cooled as to give at any time previous to delivery to the con- 
sumer a bacterial colony count of not more than 10,000 per cubic centimeter 
according to official samples taken and examined at intervals of not more 
than one month. Whenever a bacterial colony count exceeds 10,000 per 
cubic centimeter the health officer shall cause official samples to be collected 
and examined at intervals of not more than one week until two successive 
counts do not exceed 10,000. 
No milk shall be labeled or designated as Special A Raw unless all 
employees at the dairy have been examined and certified by a physician, 
approved by the health officer, as being free from any disease or condition 
which may be communicated through milk. Such examination shall, in each 
instance, include careful questioning as to the occurrence of enteric diseases 
or other ailments in the past and an examination of the arms, hands and 
other exposed parts of the body for suppurating lesions. When there is 
reason to suspect the existence of a carrier condition or other infection com- 
municable through milk, it shall include the taking of appropriate labora- 
tory specimens and their examination in a laboratory approved by the state 
commissioner of health for such examinations. 
An accurate and complete report of the supervisory procedures carried on 
by the health officer shall be submitted by such health officer to the state 
commissioner of health promptly each month on a form prescribed by the 
commissioner. Chapter III 
43 
Such milk shall be delivered within thirty-six hours after milking in 
bottles filled and capped at the dairy or at a bottling plant handling only 
milk meeting the requirements of this chapter for Special A Raw milk, except 
as hereinbefore provided. The caps used shall completely cover the pouring 
lips of the bottles except when the use of another type of cap is approved 
by the state commissioner of health upon recommendation of the health 
officer. 
Grade A Raw. No milk shall be labeled or designated as Grade A Raw 
unless it is obtained from milking animals which have passed the tuberculin 
test, and is so produced, handled and cooled as to give at any time previous 
to delivery to the consumer a bacterial colony count of not more than 
30,000 per cubic centimeter. 
Such milk shall be delivered within thirty-six hours after milking, in 
bottles only, except as hereinbefore provided. 
No milk shall be labeled or designated as Grade A Raw unless it is 
obtained from milking animals free from Bang abortion disease. Renumbered 
May 6, 1927 and June 28, 1932, (amended May G, 1927, December 14, 1927, 
May 19, 1930, November 14, 1931, June 28, 1932, December 15, 1933, January 
19, 1934, February 23, 1934, March 16, 1934, October 18, 1935, September 18, 
1936, April 14, 1939 and May 17, 1940.) 
Regulation 26. Designations of cream. No cream shall be sold or offered 
for sale unless it shall bear prominently one and only one of the following 
designations: 
Certified-Pasteurized 
Grade A Pasteurized 
Grade B Pasteurized 
Certified 
Special A Raw 
Grade A Raw 
No false, ambiguous or misleading word, term or design shall appear on 
any cap or tag containing such designations, nor upon the containers. 
The caps or tags on the containers or if caps are not used, the containers 
shall bear the grade designation in the exact form and size designated by 
the state commissioner of health in the following colors: for Certified- 
Pasteurized, the word Certified in red and the word Pasteurized in black; 
for Grade A Pasteurized, black; for Grade B Pasteurized, bright green; for 
Certified, red; for Special A Raw, blue; for Grade A Raw, bright red; 
provided, however, that when the grade designation is embossed in metal 
no color is required. The name and address of the dealer shall also appear 
upon the cap, tag, or container. No printed or other matter appearing on the 
cap or tag shall be so placed as to obscure the grade designation and name 
and address of the dealer which shall be clearly visible without the removal 
of an outer cap or covering. 
All cream shall be delivered to the consumer in bottles except that with 
the written permission of the health officer cream of any grade except 
Certified may be delivered and sold in other containers to hospitals, institu- 
tions, camps, hotels, restaurants and other public eating places to be con- 
sumed on the premises, provided that such containers are properly labeled 
as to grade and destination and have their covers sealed. 44 
The Sanitary Code 
No cream shall be held, kept, offered for sale, transported or delivered 
in any municipality or health district, for human consumption in fluid form 
in such municipality or health district, except manufacturing cream and 
cream to be pasteurized which is enroute to or stored at approved plants, 
unless such cream meets the requirements of this chapter and of local 
health regulations, if any, for a grade of cream permitted to be sold for 
human consumption in fluid form in such municipality or health district. 
Certified-Pasteurized. No cream shall be labeled or designated as Certified- 
Pasteurized unless it has been obtained from milk conforming to the require- 
ments of this chapter for Certified-Pasteurized and unless such cream will 
give at any time after pasteurization and previous to delivery to the consumer 
a bacterial colony count of not more than 2,500 per cubic centimeter. 
Such cream shall be delivered to the consumer within forty-eight hours 
after pasteurization in bottles filled and capped at the place of pasteuriza- 
tion, except as hereinbefore provided. The caps used shall completely cover 
the pouring lips of the bottles. 
Grade A Pasteurized. No cream shall be labeled or designated as Grade A 
Pasteurized unless it has been obtained from milk conforming to the require- 
ments of this chapter for Grade A Pasteurized and unless such cream will 
give at any time after pasteurization and previous to delivery to the con- 
sumer a bacterial colony count of not more than 100,000 per cubic centimeter. 
Such cream shall be delivered to the consumer within seventy-two hours 
after pasteurization. 
Grade B Pasteurized. No cream shall be labeled or designated as Grade 
B Pasteurized unless it has been obtained from milk conforming to the 
requirements of this chapter for Grade B Pasteurized milk and unless such 
cream will give at any time after pasteurization and previous to delivery 
to the consumer a bacterial colony count of not more than 250,000 per cubic 
centimeter. 
Such cream shall be delivered to the consumer within ninety-six hours 
after pasteurization. 
Certified. No cream shall be labeled or designated as Certified unless it 
has been obtained from milk conforming to the requirements of this chapter 
for Certified milk and unless such cream will give at any time previous to 
delivery to the consumer a bacterial colony count of not more than 50,000 
per cubic centimeter. 
Such cream shall be delivered to the consumer within forty-eight hours 
after milking. 
Special A Raw, No cream shall be labeled or designated as Special A Raw 
unless it has been obtained from milk conforming to the requirements of this 
chapter for Special A Raw milk and unless it will give at any time previous 
to delivery to the consumer a bacterial colony count of not more than 
50,000 per cubic centimeter. 
Such cream shall be delivered to the consumer within forty-eight hours 
after separation. 
Grade A Raw. No cream shall be labeled or designated as Grade A Raw 
unless it has been obtained from milk conforming to the requirements of this 
chapter for Grade A Raw milk and unless it will give at any time previous 
to delivery to the consumer a bacterial colony count of not more than 
200,000 per cubic centimeter. Chapter III 
45 
Such cream shall be delivered to the consumer within seventy-two hours 
after separation. (Renumbered May 6, 1927 and June 28, 1932, amended 
May 6, 1927, December 14, 1927, May 19, 1930, November 14, 1931, June 28, 
1932, December 15, 1933, March 16, 1934, October 18, 1935, September 18, 
1936 and April 14, 1939.) 
SECTION F—MISCELLANEOUS 
Regulation 27. Certain persons prohibited from handling milk or cream. 
No person affected with any communicable disease which may be transmitted 
through milk, or who is a carrier of the germs of such a disease shall act 
as a milker, bottler, washer or in any other capacity in connection with the 
handling of milk or cream or of any apparatus or equipment used in the 
handling, storing, bottling, pasteurizing or delivery of milk or cream and 
this prohibition shall also apply to any person who acts as nurse, cook, 
laundress or in any way comes in contact with a person affected with such 
a communicable disease. 
No person who is a carrier of the germs of typhoid fever shall reside on 
any dairy farm producing milk or cream except with the written permission 
of the health officer and subject to such conditions and restrictions as he 
shall prescribe. Failure on the part of such a carrier residing on a dairy 
farm under permit from the health officer to observe the prescribed condi- 
tions and restrictions may be deemed to be cause for exclusion from sale of 
milk and cream produced upon such dairy farm. (Renumbered May 6, 1927 
and June 28, 1932, amended May 6, 1927.) 
Regulation 28. Physical examinations to be permitted. All persons 
engaged in handling milk and/or cream shall submit to the health officer 
such specimens of body discharge for laboratory examinations as such health 
officer may require, either previous to employment or at any time there- 
after, such specimens to be examined in an approved laboratory; and such 
persons shall allow the health officer or his representative or any authorized 
representative of the state commissioner of health to make such physical 
examinations as he may require. A person holding a permit for the sale of 
milk or cream shall not employ an individual refusing to undergo such 
examination or to submit such specimens; nor shall such person accept milk 
or cream from any dairy whereon any individual refuses to undergo such 
examinations or to submit such specimens. (Renumbered May 6, 1927 and 
June 28, 1932, amended May 6, 1927 and May 19, 1930.) 
Regulation 29. Sediment tests to be made. A sediment tester shall be 
used in all receiving and pasteurizing plants. All milk received at any 
such plant shall be tested by the person having the management and control 
of such receiving or pasteurizing plant or his representative at least once 
each month. The results of such tests shall be recorded and either posted 
in a conspicuous place or returned to the producer. 
If the milk is found repeatedly to be dirty, such milk shall be excluded 
from sale and the health officer notified of such exclusion. (Renumbered 
May 6, 1927 and June 28, 1932, amended May 6, 1927 and December 14, 1927.) 46 
The Sanitary Code 
Regulation 30. Milk, cream or milk products shipped into New York state. 
No milk, cream or milk products which has been shipped into the state 
of New York shall be sold or offered for sale unless such milk or cream or 
milk products has been produced and handled in conformity to the require- 
ments of this code, has been subject to the same standards of supervision and 
inspection as are required for milk or cream or milk products produced within 
the state, and at the time of delivery conforms to the provisions of this code. 
(Renumbered May 6, 1927 and June 28, 1932, amended May C, 1927, May 
19, 1930 and April 14, 1939.) 
Regulation 31. Local authorities may enact supplementary regulations. 
The health authorities of any municipality may in their discretion enact 
supplementary regulations not inconsistent with the provisions of this code. 
Such authorities may require the pasteurization of any milk or cream not 
required to be pasteurized by this code. (Renumbered May 6, 1927 and June 
28, 1932, amended May G, 1927 and April 21, 1933.) 
Regulation 32. Milk products. All milk products shall be made from milk 
or cream as herein defined and meet the applicable requirements of this 
chapter for milk or cream of a grade permitted to be sold in the municipality 
where sold or offered for sale. Such milk products shall be bottled and 
capped mechanically, except that with the written permission of the health 
officer sales and deliveries may be made in containers other than bottles. 
Milk products shall bear on the outer cap or container the name of the 
product and the designation “Raw” or “Pasteurized” as the case may be 
and the name and address of the dealer which shall be clearly legible. 
The regulations of this chapter shall not apply to milk products which 
have been sterilized in the final sealed container. (Added June 28, 1932, 
amended December 15, 1933 and April 14, 1939.) 
Regulation 33. Exceptions. (1) Those municipalities in which on May 6, 
1927, there were in operation ordinances or regulations providing for a 
single grade or class of pasteurized milk and a single grade or class of 
unpasteurized milk other than Certified and prescribing other designations 
therefor, which ordinances or regulations as in force May 6, 1927 or by 
amendment adopted prior to July 1, 1928, established standards not lower 
than those established by this chapter, are hereby given authority to continue 
the system of grading or classification prescribed by such ordinances or 
regulations, except that the standards for unpasteurized milk shall not be 
lower than the standards herein prescribed for Special A Raw milk. 
(2) Except as hereinbefore provided no milk and/or cream shall be sold 
or offered for sale in any city or incorporated village having a population 
of 15,000 or more according to the last federal census, nor after July 1, 
1937, in any city or incorporated village having a population of 10,000 or 
more, nor after January 1, 1940 in any city or incorporated village having a 
population of 7,500 or more, unless it shall bear one and only one of the 
following designations: 
Certified-Pasteurized 
Grade A Pasteurized 
Grade B Pasteurized 
Certified 
Special A Raw Chapter III 
47 
(3) In a rural community the health officer may issue a provisional 
permit for the sale of milk or cream, notwithstanding failure or inability 
on the part of the applicant to comply with certain requirements of this 
chapter when in his best judgment such compliance is impracticable. The 
issuance of such a provisional permit shall be subject to the following 
conditions: 
(a) There is no person holding a regularly issued permit from the health 
officer from whom it is practicable for consumers to obtain a regular supply 
of milk. 
(b) The milk and/or cream shall be delivered to consumers in individual 
containers filled at the place of production. 
(c) The provisional permit shall be on a form prescribed by the state 
commissioner of health, shall bear prominently the Avord “uninspected” and 
shall be conspicuously displayed at the place of production. 
(d) Such milk and/or cream shall not bear any grade designation other 
than “uninspected.” 
(e) The application for such permit shall have been endorsed in writing 
by the district state health officer. 
Such provisional permits shall expire annually on the thirty-first day of 
December, unless another date be designated by the local board of health 
and shall be renewable on or before such date in each year. 
A provisional permit may be revoked at any time by the health officer or 
by the state commissioner of health, if in the judgment of either its con- 
tinuance is no longer necessary or desirable. (Added December 14, 1927, 
renumbered June 28, 1932, amended June 27, 1928, December 15, 1933, 
January 19, 1934, March 16, 1934, October 18, 1935, September 18, 1936 and 
April 14, 1939.) 
Regulation 34. When to take effect. The amendments to the regulations 
of this chapter, adopted on the fifteenth day of December, 1933, nineteenth 
day of January, 1934, twenty-third day of February, 1934, and sixteenth 
day of March, 1934, unless otherwise specifically stated, shall take effect 
on the first day of July, 1934. The amendments adopted on the eighteenth 
day of October, 1935 shall take effect immediately and the amendments 
adopted on the eighteenth day of September, 1936, shall take effect on the 
first day of January, 1937, unless otherwise specifically stated. The amend- 
ments adopted on the fourteenth day of April, 1939, shall take effect 
July 1, 1939, unless otherwise specifically stated. CHAPTER III-A 
Manufacturing Cream 
(Adopted January 27, 1932) 
Regulation 1. Intent. The intent of this chapter is to make it possible 
to identify “manufacturing cream” not meeting the requirements of chap- 
ter III of this code and to prevent its diversion to sale as “cream” as 
defined by such chapter. 
Regulation 2. Definitions. When used in this chapter the term “cream” 
means “cream” as defined in regulation 1 of chapter III of this code; the 
term “manufacturing cream” means cream which does not meet the require- 
ments of chapter III of this code; the term “person” means a corporation, 
association, firm or individual; the term “local health officer” means the 
health officer as defined in regulation 1 of chapter III of this code. 
Regulation 3. Marking of containers. All containers in which manufac- 
turing cream is purchased, sold or stored shall have securely wired to the 
handle, as long as any manufacturing cream remains therein a bright red 
tag or label not less than 3 inches by 5 inches in size and with a metal 
eyelet through which the wires pass. The eyelet of the tag shall be not 
more than 2 inches from the handle. This label shall bear prominently 
the designation, MANUFACTURING CREAM, the approximate butter- 
fat content or a recognized term indicating the approximate butterfat con- 
tent and the name and address of the plant at which the contents of said 
container originated. (Amended March 25, 1936.) 
Regulation 4. Records to be kept. Every person who sells manufactur- 
ing cream shall keep a true and complete monthly record of the names and 
addresses of all persons from whom he has obtained and/or to whom he 
has sold “manufacturing cream” and “cream,” with the amounts obtained 
from and sold to each, together with records of inventories of all “manu- 
facturing cream” and “cream” on hand on the last day of each month. 
Such person shall also keep a true and complete record of all “manufactur- 
ing cream” and “cream” used by him for manufacturing purposes and of 
the movement of “manufacturing cream” and “cream” into and out of 
storage. Such records shall be so kept that the latest twelve months’ 
records are always on file and shall at all times be open to the inspection 
of the state commissioner of health or the local health officer or the author- 
ized representative of either. 
Regulation 5. Permit required for sale of manufacturing cream. No 
person shall sell or offer for sale any manufacturing cream previously pur- 
chased by him without first having obtained a permit from the state com- 
missioner of health. Permits shall be granted only to those persons who 
comply with the regulations of this chapter. Such permits shall expire 
annually on the thirty-first day of December and shall be renewable on or 
before such date in each year, and may be revoked at any time by the state 
commissioner of health after a hearing on due notice for misrepresentation 
or for wilfull or repeated violation of any of the provisions of this chapter. Chapter III-A 
49 
Regulation 6. Application for permit required. Each person seeking to 
obtain a permit to sell manufacturing cream shall make a written applica- 
tion therefor to the state commissioner of health on a form to be furnished 
by said commissioner. 
Regulation 7. Reports to be made. Whenever required by the state 
commissioner of health, any person holding a permit for the sale of manu- 
facturing cream shall submit reports at such times and in such form and 
detail as the commissioner of health shall require. 
Regulation 8. When to take effect. Every regulation in this chapter, 
unless otherwise specifically stated, shall take effect on the first day of 
March, 1932. CHAPTER IV* 
Therapeutic Sera, Pathogenic Microorganisms, Laboratories, and Blood Donors 
Regulation 1. Standards for serum. Sale of serum for the treatment 
of pneumonia, meningitis and scarlet fever regulated. No serum for the 
treatment of pneumonia, meningitis or scarlet fever shall be sold or offered 
for sale in the state of New York, unless such serum complies with the 
requirements of the United States public health service governing the sale 
of such serum, and unless the potency of such serum equals or exceeds the 
minimum standard of potency established by the New York state department 
of health, and unless each package of such serum is accompanied by a 
label or circular stating the potency of such serum. (Amended April 23, 
1930, March 9, 1932 and December 20, 1935.) 
(Adopted December 27, 1917) 
Regulation 2. Standard strains, standard toxin and standard sera. The 
state department of health shall maintain in the division of laboratories 
and research, supplies of cultures of the standard pneumococcus strains, 
cultures of the standard meningococcus strains, standard streptococcus toxin, 
standard antipneumococcus sera, standard antimeningococcus serum and 
standard antistreptococcus serum; and shall furnish upon the request of 
any manufacturer of serum such standard cultures, toxin and sera together 
with detailed descriptions of the methods to be employed in and directions 
for testing such serum. (Amended March 9, 1932 and December 20, 1935.) 
Regulation 3. Inoculation with living bacteria. The use of living bacteria, 
other pathogenic microorganisms or viruses other than vaccine virus in the 
inoculation of human beings for the prevention or treatment of disease is 
hereby prohibited until full and complete data regarding the methods 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 state commissioner of health and until per- 
mission shall have been granted in writing by the state commissioner of 
health for the use of the same. (Amended March 9, 1932 and June 28, 1932.) 
Regulation 4. Distribution of living cultures of pathogenic bacteria. No 
person having in his possession cultures of pathogenic microorganisms or 
viruses other than vaccine virus shall sell or convey such cultures to any 
other person or to any laboratory unless such sale or conveyance shall have 
been approved by the state commissioner of health. (Amended March 9, 
1932, June 28, 1932 and February 18, 1938.) 
Regulation 5. Bacterial rat poisons, sale, manufacture and use of, pro- 
hibited. 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 any rodent or other 
animal pest exterminator which contains living bacteria. (Added June 28, 
1932.) 
Regulation 6. Inspection of laboratories. The state commissioner of 
health, or his authorized representative, shall have authority to inspect every 
bacteriological, chemical or pathological laboratory doing work for the health 
authorities of the state or of any county or municipality therein or making 
any examinations which the sanitary code may require to be performed in an 
approved laboratory. He may advise the person in charge of such laboratory 
as to the methods or procedures relative to such examinations, and he may 
♦ See footnote under § 4-b, Public Health Law. This was formerly Chap. IX, 
renumbered June 28, 1932. Chapter IY 
51 
report the result of the inspection to the authorities of the county or munic- 
ipality in which the laboratory is located. (Amended March 9, 1932 and 
amended and renumbered June 28, 1932.) 
Regulation 7. Tissue removed at operation or necropsy to be examined. 
Representative specimens, or sections for miscroscopic examination, of tissue 
removed at operation or at necropsy which require laboratory examination as 
an aid in the diagnosis, prevention, or treatment of disease or to determine 
the cause of death shall be submitted to an approved laboratory, to the divi- 
sion of laboratories and research, Albany or New York city, or to the state 
institute for the study of malignant diseases, Buffalo. This regulation shall 
take effect January 1, 1933. (Added September 23, 1932.) 
Regulation 8. Hospitals to keep records of blood transfusions. The super- 
intendent in charge of every hospital shall keep a record of every blood 
transfusion performed in such hospital. Such records shall be open to inspec- 
tion by the state commissioner of health or his authorized representative, 
and shall include the name of the physician or surgeon making the trans- 
fusion and the full name, age and address of each person submitting to 
physical and laboratory examinations as a prospective donor of the blood. 
The record shall also include a certificate from a physician registered under 
the laws of New York state showing that a satisfactory physical examination 
of the donor has been made within ten days immediately preceding the blood 
donation and that such blood donor is free from communicable disease; a 
record of laboratory tests, including a complement-fixation test for syphilis, 
made in connection with the physical examination to determine that the 
donor was free from this communicable disease; the blood group to which 
the donor belongs according to the Landsteiner classification with the source 
of this information; if the donor belongs to the group of so-called “universal 
donors,” a record of tests of his blood showing that his serum does not contain 
dangerous agglutinative properties for the blood cells of persons belonging 
to other blood groups; the time and place where tests were made which 
showed that the blood of the donor and recipient were compatible; the quantity 
of blood given; the full name of the recipient; the date of the transfusion; 
the condition of the donor and recipient during and after the transfusion. 
There also shall be a record that on examination of the donor, immediately 
preceding the transfusion, there was no evidence of syphilis or history of 
exposure, thereto; provided, that if due to an emergency any of the above 
requirements cannot be met prior to transfusion, the record shall show the 
reason therefor. (Added September 23, 1932, amended January 19, 1934 and 
October 27, 1939.) 
Regulation 9. When to take effect. Every regulation in this chapter, 
unless otherwise specifically stated, shall take effect on the first day of Sep- 
tember, 1932. (Added June 28, 1932.) CHAPTER V* 
Water Supplies 
Regulation 1. Reporting changes in public water supplies. No officer, 
board, corporation or other person or group of persons owning or having by 
law the management or control of any potable public water supply of any 
municipality or water district, shall take or cause to be taken for use for 
potable purposes in such municipality or district, water from any auxiliary 
source other than the regular source or sources of public water supply or 
shall discontinue the chlorination or treatment of such supply or shall make 
any change whatsoever which may affect the sanitary quality of such water 
supply without first having notified the local health officer or health officers 
of such municipalities or districts in which such water supply is used for 
potable purposes and affording him or them an opportunity to be heard. 
When such notice has been made to such health officer or health officers, 
such health officer or health officers shall immediately notify the state com- 
missioner of health by telephone or telegram. 
A printed copy of this regulation shall be kept constantly posted in the 
office used by the authorities owning or having charge of any such water 
supply. 
This regulation shall not apply to public water supplies owned and con- 
trolled by cities of the first class. (Added April 10, 1923 and renumbered 
June 28, 1932.) 
(Adopted as a separate chapter June 28, 1932) 
Regulation 2. Certain cross-connections between water supplies not per- 
mitted. No officer, board, corporation or other person or group of persons 
owning or having the management or control of any potable water supply 
furnished to any municipality or water district, shall permit any physical 
connection between the distribution system of such supply and that of any 
other water supply unless such other water supply is regularly examined as 
to its quality by those in charge of the potable water supply to which the 
connection is made and is also found to be potable. This prohibition shall 
apply to all water distribution systems either inside or outside of any build- 
ing or buildings. (Added November 12, 1925 and amended and renumbered 
June 28, 1932.) 
Regulation 3. Permissible arrangements where dual supplies are used. If 
a potable water supply is used as an auxiliary supply delivered to an elevated 
tank or to a suction tank, which tank is also supplied with water from a 
source with which cross-connections are not permitted by regulation 2 of this 
chapter, such tank shall be open to atmospheric pressure and the potable 
water supply shall be discharged at an elevation above the high water line 
of the tank. (Added November 12, 1925 and amended and renumbered June 
28, 1932.) 
Regulation 4. Drinking water in factories or other industrial plants. 
Wherever a potable public water supply is available, no other supply shall 
be furnished for drinking purposes in any factory or other industrial plant, 
unless such other supply is approved by the local health officer. If no such 
public water supply is available, the water for drinking purposes shall be of 
safe, sanitary quality approved by the local health officer. If the water supply 
for industrial or fire protection purposes is obtained entirely or in part from a 
source not approved for drinking purposes, this supply shall be distributed 
through an independent piping system having no connection with the system 
for drinking purposes. All faucets or other outlets furnishing water not 
safe for drinking shall be conspicuously so marked. (Added November 12, 
1925, amended September 22, 1926 and renumbered June 28, 1932.) 
* Formerly a portion of Chap. VII, Miscellaneous. Chapter Y 
53 
Regulation 5. Disinfection of water mains and reservoirs. No person, 
board, authority, or corporation owning or having the management or con- 
trol of any public water supply, shall put into service any new main, stand- 
pipe, reservoir, tank or other pipe or structure through which water is 
delivered to consumers for potable purpose, nor resume the use of any such 
structure or main after it has been cleaned, until such structure or main has 
been effectively sterilized or disinfected: provided, that this shall not apply 
to mains, tanks or reservoirs, the waters of which are subsequently treated 
or purified. (Added June 28, 1932.) 
Regulation 6. When to take effect. Every regulation in this chapter, 
unless otherwise specifically stated, shall take effect on the first day of Sep- 
tember, 1932, (Added June 28, 1932.) CHAPTER VI * 
Swimming Pools and Bathing Beaches 
(Adopted as separate chapter June 28, 1932.) 
Regulation 1. Definitions. The term “pool” as used in this chapter shall 
mean any swimming pool together with buildings and appurtenances used in 
connection therewith, and shall be construed as including both “artificial” and 
“partly artificial” pools. This definition shall not apply to a pool maintained 
by an individual for use of his family or friends. 
The term “artificial pool” shall mean a concrete or masonry structure 
intended for bathing or swimming purposes, located either indoors or outdoors, 
and provided with controlled water supply. 
The term “partly artificial pool” shall mean a pool formed artificially from 
a natural body of water. 
The term “public bathing beach” shall mean a bathing place together with 
buildings and appurtenances used in connection therewith or natural ponds, 
lakes, streams or other bodies of water where the public is allowed to bathe 
or which is open to the public for bathing by permission of the owner. 
(Amended June 28, 1932 and May 18, 1934.) 
Regulation 2. Approval of plans. No municipality, person, firm, corpora- 
tion, association, organization or institution shall construct an artificial pool 
or make changes in any already built or in the appurtenances thereof if such 
phanges may affect health until the plans and specifications therefor shall first 
have been submitted to and received the approval of the state commissioner 
of health. The state commissioner of health may stipulate when granting 
this approval such modifications or conditions as the public health or safety 
may require. (Added May 18, 1934.) 
Regulation 3. Permit and revocation. No municipality, corporation, asso- 
ciation or person shall operate or maintain any pool or public bathing beach 
without a written permit from the local health officer on a form prescribed 
by the state commissioner of health to be issued subject to the provisions 
of this code and such additional sanitary safeguards as may be imposed by 
the local health officer except that no permit is required in the case of a 
swimming pool or bathing beach operated and maintained in conjunction with 
a camp for which a permit has been issued under chapter VII of the state 
sanitary code. Such permit shall state the method of treatment, if any, of 
the water and the number of persons who will be allowed to use the pool 
during any bathing period. The permit shall be posted conspicuously at the 
pool or public bathing beach. Each such permit shall expire December 31, 
following the date of issue and may be revoked for cause either by the local 
health officer or by the state commissioner of health after a hearing. The 
health officer shall transmit a copy of each permit to the state commissioner 
of health as soon as issued. (Amended June 28, 1932, amended and renumbered 
May 18, 1934 and amended December 15, 1939, effective January 1, 1940.) 
Regulation 4. Construction and maintenance. Every pool shall be so de- 
signed and constructed as to facilitate cleaning and shall be maintained and 
operated in such manner as to be clean and sanitary at all times. In new 
artificial pools inlets and outlets shall be so located and spaced as to secure 
satisfactory dispersion of the inflowing water throughout the pool. (Amended 
and renumbered May 18, 1934.) 
♦ Formerly Chap. X. Chapter YI 
55 
Regulation 5.* Interconnections. There shall be no physical connection 
between a potable public or private water supply system and a pool structure 
at a point below the maximum How line of the pool or to a recirculating or 
heating system of a pool, unless such physical connection is so installed and 
operated that no pool water can be discharged or siphoned into a potable 
water supply system. (Added May 18, 1934.) 
Regulation 6. Drains. All drainage from an artificial pool structure to a 
sewer receiving domestic sewage shall be discharged into said sewer in such 
a manner that sewage cannot be siphoned, flooded or otherwise discharged into 
the pool. (Added May 18, 1934.) 
Regulation 7. Protection of public water supplies. A pool located on a 
watershed of a spring, lake, stream, or other body of water used as a source 
of public water supply shall be so operated as not to create a menace to such 
supply. 
Whenever a pool is located on the banks of a spring, lake, reservoir, stream 
or other watercourse which is a source of water supply protected by water 
rules enacted by the state commissioner of health, said water rules shall be 
strictly observed. (Added May 18, 1934.) 
Regulation 8. Dressing rooms. Dressing rooms provided at pools and pub- 
lic bathing beaches shall be sanitary and adequate. 
The local health officer shall have authority to prescribe when dressing 
rooms shall be provided at any pool or public bathing beach. (Amended 
June 28, 1932 and amended and renumbered May 18, 1934.) 
Regulation 9. Toilet facilities. Sanitary toilet facilities adequate and 
accessible, shall be provided for both sexes at all pools and public bathing 
beaches. 
The sewage or excreta from toilet facilities provided in the vicinity of any 
partly artificial pool or public bathing beach shall be disposed of in a satis- 
factory manner and so as not to pollute the water used for bathing. 
(Amended and renumbered May 18, 1934.) 
Regulation 10. Sanitary quality of water in artificial pools, (a) Bacteria 
count. No two successive samples collected from any artificial pool on differ- 
ent days, nor more than 10 per cent of similar samples covering any three 
months’ period shall contain more than 500 bacterial colonies per cubic 
centimeter when incubated for 24 hours at 37 degrees C. on agar or litmus 
lactose agar medium. Such samples shall be collected when the pool is in use. 
(b) Tests for B. coli group. Not more than two out of five 10 cubic centi- 
meter portions of samples of wmter collected from a pool at times when the 
pool is in use shall be positive by the partially confirmed test for bacteria of 
the 13. coli group. 
(c) Chemical quality. The water in an artificial pool where alum is used 
as a coagulant shall be maintained at all times in such an alkaline condition 
that the pH value of the water in the pool shall exceed 7.0 at all times. When 
the water in artificial pools is to be disinfected with chlorine, in the presence 
of ammonia, the pH value of the water shall not exceed 7.0. 
• Regulation 5 can be complied with by introducing fresh water from a potable 
public or private water supply to a pool or to a recirculating or heating system of 
a pool by one of the following methods : 
(a) Through a connection to the suction pipe of a recirculating pump, provided 
that the pipe line admitting fresh water be extended in a vertical loop at least five 
feet above the maximum water level of the pool, and provided that double check 
valves be installed between the pump and the loop, and provided that a “bleeder” 
with a check valve be so installed on the loop as to afford an air break or vacuum 
relief. 
(b) Through a connection to a float valve located above the maximum water 
level of a suction pit from which the suction pipe of the recirculating pump leads. 
(c) Through a connection to a special “swing-joint connection” installed on the 
recirculating piping and so arranged that it will be impossible to draw pool water 
into the potable water supply system. 
(d) By means of an approved two-port, three-way valve on the piping of the 
recirculating system so constructed that pool water cannot be drawn into the 
potable water supply system. 
(e) Through an air break on the fresh water pipe line of the potable supply. 56 
The Sanitary Code 
(d) Analytical methods. All chemical and bacterial analyses provided for 
in this regulation shall be made in accordance with the procedures recom- 
mended in the standard methods of water analysis of the American Public 
Health Association. 
(e) Cleanliness. The bottom and side walls of artificial pools shall be kept 
reasonably free from sediment and visible dirt. Visible scum or floating mat- 
ter on the surface of the pool shall be removed at least once each day. 
(Amended January 11, 1928, June 28, 1932 and amended and renumbered 
May 18, 1934.) 
Regulation 11. Bathing load limits, (a) Where quality of water depends 
upon continuous chlorination. In any artificial pool the total number of 
bathers permitted to use such pool during any bathing period shall not exceed 
twenty persons per each thousand gallons of chlorinated water added to the 
pool during that period, provided the water in all parts of the pool at all 
times when in use shall contain at least 0.3 parts per million residual chlorine 
when chlorine alone is used, or 0.7 parts per million residual chlorine when 
chlorine in the presence of ammonia is used, as determined by the orthotoli- 
dine test. 
(b) Where the quality of water depends upon intermittent disinfection and 
replacement of the water. At any artificial pool where the addition of dis- 
infectant is not continuous during the admission of water to the pool the 
total number of persons permitted to use the pool between any two consecu- 
tive replacements of the water shall not exceed twenty persons for each one 
thousand gallons of water in the pool, and all such pools shall be disinfected 
at least once each day when in use, and the number of applications and the 
amount of disinfectant added shall be sufficient to insure that the water in all 
parts of the pool when in use shall contain not less than 0.3 parts per million 
residual chlorine when chlorine alone is used, or 0.7 parts per million when 
chlorine in the presence of ammonia is used, as determined by the orthotolidine 
test. 
*(c) Where the quality of water depends upon dilution. At any artificial 
pool where chlorine is not used as a disinfectant or where a concentration of 
residual chlorine of at least 0.3 parts per million is not maintained in all 
parts of the pool when in use, the total number of bathers permitted to use 
the pool shall be so restricted that a sufficient volume of fresh diluting water 
will be available to insure that the bacterial quality of the water in the pool 
shall conform to the limits stated in regulation 10. Such fresh dilution water 
may be (1) new clean water used to refill the pool or to replace that lost by 
splashing or during cleaning; (2) water taken from the pool and returned 
after effective filtration and disinfection; or (3) any combination of such 
waters. (Amended June 28, 1932 and amended and renumbered May 18, 1934.) 
Regulation 12. Operator or attendant and operating records. Each pool 
shall be under the personal supervision of an operator or competent attendant 
trained in life saving procedure who shall require a careful observance of 
sanitary regulations prescribed in this chapter and the requirements of the 
permit issued for such pool. At all pools where artificial circulation, filtra- 
tion, or any chemical treatment is used, full daily records must also be kept as 
follows: the actual length of time pumps and filters are in operation; when 
* Regulation 11-c with reference to the bacterial quality of pool water cannot 
be complied with when the quality of such water depends upon dilution unless large 
volumes of diluting water are used. The approximate quantity of fresh diluting 
water needed may be computed by utilizing the following formula: Q = 6.25 T2, 
where Q = the quantity of fresh diluting water per bather per day, and “T” is the 
number of hours required to replace the water in the pool by the fresh water. 
Thus, if 100,000 gallons of fresh diluting water are discharged each twenty-four 
hours into a pool having a capacity of 50,000 gallons, the replacement period is 
twice each day or once in twelve hours and hence T would be 12. Under these 
conditions, Q = 6.25 x 122 = 900 gallons per bather. Only 111 bathers could 
utilize the pool in a period of twenty-four hours, when using 100,000 gallons of 
fresh water / 100000 \ 
I =111 I. 
V 900 / Chapter VI 
57 
each filter is washed or cleaned; when the bottom and sides of pool are 
cleaned; the results of all tests made of the quality of the water and the 
results of at least one test for residual chlorine made at the end of each bath- 
ing period. These records must be submitted to the state commissioner of 
health and to the local health officer having jurisdiction. (Amended and 
renumbered May 18, 1934.) 
Regulation 13. Care of suits and towels. All bathing suits and towels 
shall be washed with soap and hot water, rinsed and thoroughly dried after 
each use. (Amended June 28, 1932 and renumbered May 18, 1934.) 
Regulation 14. Pollution of pool prohibited. Urinating, expectorating or 
blowing the nose in any pool is prohibited. 
Regulation 15. Communicable disease. No person having skin lesions, sore 
or inflamed eyes, mouth, nose or ear discharges, or who is known to the health 
officer to be the carrier of the microorganisms of any communicable disease 
shall use any pool or public bathing beach. (Amended June 28, 1932 and 
May 18, 1934.) 
Regulation 16, Spectators. Persons not dressed for bathing shall not be 
allowed on walks immediately adjacent to artificial pools, and bathers shall not 
be allowed in places provided for spectators. 
Regulation 17. Foot baths. At every pool and public bathing beach where 
dressing rooms are available one or more foot baths shall be provided at 
suitable points in which fungicidal solutions shall be maintained in adequate 
concentrations to prevent the development of “ring-worm” infection. (Added 
June 28, 1932 and amended and renumbered May 18, 1934.) 
Regulation 18. Partly artificial pools. The local health officer shall deter- 
mine the maximum number of bathers who may utilize a partly artificial pool 
during any bathing period and the quantity of fresh water which must be 
discharged into such pool in any given period of time and the treatment, if 
any, the water in such pool shall receive and he may otherwise regulate the 
operation of such pool as he may deem necessary to protect the health or 
safety of bathers. (Added May 18, 1934.) 
Regulation 19. Polluted waters. No partly artificial pool or public bathing 
beach shall be maintained or operated on a natural body of water when such 
water is determined by the state commissioner of health to be so polluted 
as to constitute a menace to health if used for bathing. (Added May 18, 
1934.) 
Regulation 20. Posting regulations. Placards reciting regulations 14 to 16 
inclusive shall be posted conspicuously at the pool or enclosure and in the 
dressing rooms and offices of all pools. (Amended and renumbered May 18, 
1934.) 
Regulation 21. When to take effect. Every regulation in this chapter, 
shall take effect on the first day of July, 1934. (Added June 28, 1932, 
amended and renumbered May 18, 1934.) CHAPTER VII* 
(Adopted December 15, 1939) 
Camps 
Regulation 1. Definition. The term “camp” as used in this chapter shall 
mean one or more tents, vehicles, buildings or structures, together with the 
tract of land appertaining thereto, established or maintained as living quarters 
for temporary occupancy by any number of persons. 
The provisions of this chapter shall not apply to persons licensed under 
section 304 of the state charities law nor to hotels, lodging houses or boarding 
houses nor to private cottages or camps established, occupied or rented by 
an individual for use of such individual and relatives or personal friends. 
Paragraphs (b), (c), (f), and (g) of regulation 5 of this chapter shall not 
apply to labor or tourist camps. 
Regulation 2. Permit required. No corporation, association, person or 
group of persons shall establish, construct, or maintain any camp without a 
permit from the county commissioner of health if such camp is located in a 
county health district, or if located elsewhere from the district state health 
officer. However, a camp conducted in conjunction with a circus, fair or 
carnival, or a camp to be occupied for a period less than forty-eight hours, 
may operate unless prohibited by the local health officer. 
Application for such permit shall be made at least fifteen days before the 
opening of the camp on a form prescribed by the state commissioner of health. 
Regulation 3. Issuance, suspension, and revocation of permit. If the 
authority responsible for the granting of the permit be satisfied that the 
existing or proposed camp will not be a source of danger to the health of its 
occupants or to the general public, such authority may issue the necessary 
permit in writing on a form prescribed by the state commissioner of health. 
Such permit shall expire on December 31 following the date of issuance. 
However, if such authority believes that the camp does not comply fully 
with the provisions of this chapter, a temporary permit may be issued which 
shall expire not later than three months after date of issuance. Such tem- 
porary permit shall stipulate the terms, requirements or conditions under 
which the camp may be established, constructed, or maintained. 
A permit may be suspended at any time by the authority granting the 
permit upon notifying the holder of the permit of such proposed action. 
Notice of changes in management, ownership, or name of camp shall be 
given promptly to the authority granting the permit. Failure to give such 
notice, or unapproved changes in physical or operating features of camps 
which may affect the public health, or any violation of any of the provisions 
of this chapter shall be cause for suspension of a permit. Permits shall not 
be transferable. 
Any permit may be revoked for cause after a hearing by the authority 
granting the permit. 
Regulation 4. Designation of person responsible for camp sanitation. The 
person in charge of the operation of a camp occupied by twenty or more 
persons shall detail one person to be responsible for its sanitary condition. 
Regulation 5. General, (a) No person suffering from or known to be 
capable of transmitting a communicable disease shall be admitted to or 
employed in a camp in any capacity. However, this requirement shall not 
apply, so far as tuberculosis is concerned, to persons in camps approved by 
health officers for the housing of tuberculous patients. 
(b) All camps accommodating children under sixteen years of age shall 
be under the care and supervision of a responsible and competent adult. 
* This chapter supersedes the original Chapter V which was adopted, October 20, 
1914, renumbered Chapter VII, June 28, 1932, and subsequently amended from time 
to time. Chapter VII 
59 
(c) There shall be adequate medical and nursing supervision and care at 
or available to all camps. 
(d) Camps shall not be located where adequate surface drainage is imprac- 
tical. 
(e) All tents, vehicles, buildings, and grounds of camps shall be maintained 
in a clean sanitary condition at all times. 
(f) Any permanent buildings in which persons are housed shall provide 
ready exit in case of fire and shall be equipped fully with fire extinguishers 
or other approved fire fighting apparatus. 
(g) Adequate sleeping places shall be provided for each person. Arrange- 
ment of sleeping places, floor area, and ventilation of sleeping quarters shall 
meet the requirements generally accepted as standard. 
(h) Ventilation in sleeping quarters, kitchens, dining rooms and mess halls 
shall be of such a character as to provide a reasonable movement of air and 
assure the comfort and protection of the occupants. 
(i) The doors and windows of kitchens, dining rooms and mess halls shall 
be adequately screened. 
Regulation 6. Water supply for camps, (a) Water supplied to camps for 
drinking and culinary purposes shall be adequate and of safe sanitary quality; 
and only water which is of safe sanitary quality shall be delivered or piped 
so as to be accessible for drinking purposes. 
(b) Where a water treatment process is employed accurate and complete 
daily reports on the operation thereof shall be submitted at monthly intervals 
to the authority granting the permit on a form prescribed by the state com- 
missioner of health. 
(c) Any failure of adequate treatment or any change in the source of 
water supply shall be reported immediately to the authority granting the 
permit. 
(d) Wells or springs used as sources of water supply shall be so constructed 
and located as to preclude their pollution by seepage from cesspools, privies, 
sewers, sewage treatment works, stables or manure piles, or pollution from 
surface drainage. The water from such sources shall be obtained by free 
gravity flow or by a metal pump with watertight connection to a concrete 
slab covering such well or spring. 
(e) Basins or reservoirs used for the storage of drinking water subsequently 
distributed without treatment shall be so lined, curbed, covered, or otherwise 
protected as may be necessary to prevent pollution of the supply by surface 
water, and to preclude pollution of an accidental, incidental or wilful nature. 
Water therefrom shall be delivered to the camp fixtures, if such fixtures 
are provided, by means of a watertight discharge pipe by gravity or by 
pumping. 
(f) No common drinking cup shall be used. If drinking fountains are 
provided they shall be of sanitary design and construction. 
Regulation 7. Approved toilet and sewage disposal facilities to be pro- 
vided. For every camp there shall be provided convenient and adequate 
toilet facilities, so located, constructed and maintained that they shall not 
be offensive to the users, become the breeding place for flies, nor by leakage 
or seepage offer a possible pollution of any adjacent waters. 
Sewage disposal systems shall not allow exposure of any inadequately 
treated sewage on the surface of the ground. 
Unless otherwise permitted by the authority granting the permit: 
(a) No privy shall be within one hundred (100) feet of any place where 
food is prepared or served. 
(b) No privy shall be within fifty (50) feet of any lake, reservoir or stream. 
(c) No drainage from a privy, cesspool, sewer or sewage treatment plant 
shall flow directly into any lake, reservoir or stream unless such drainage 
has been approved by the state commissioner of health. 
(d) No privy shall be located in the direct line of drainage to nor less than 
one hundred (100) feet in a horizontal direction from any well, spring, or 
water supply intake pipe in a lake, reservoir, or stream used as a source of 
water supply. 60 
The Sanitary Code 
(e) Privies, one hundred (100) to two hundred (200) feet from the source 
of a water supply shall be provided with watertight vaults or receptacles, 
the contents of which shall be removed and disposed of in a satisfactory 
manner. 
(f) No leaching pits for disposal of excreta, cesspools, subsurface tile drains, 
sand filters, or other units of sewage treatment works or sewers which are 
not watertight shall be located in the direct line of drainage to nor closer 
than two hundred (200) feet from wells, springs, or water supply intake 
pipes in ponds, lakes, reservoirs, or streams used as sources of water supply. 
Regulation 8. Approval of plans and permit for sewage treatment works 
required. Approval of plans for new or modified sewage treatment works 
and a written permit from the state commissioner of health shall be obtained 
for the discharge of sewage effluent into any waters of this state. 
Regulation 9. Milk and cream. Only milk and cream obtained from a 
dealer holding a permit under chapter III of the sanitary code shall be used 
at a camp. Only pasteurized milk and cream shall be used whenever reason- 
ably obtainable. 
Regulation 10. Protection of food supplies. Adequate provisions shall be 
made for sanitary storage, handling, and protection of food and milk supplies. 
Regulation 11. Dishwashing. Adequate facilities, including a plentiful 
supply of hot water for washing of dishes and utensils, shall be provided. 
Dishes and utensils shall be washed, cleansed and disinfected effectively after 
each use. 
Regulation 12. Garbage disposal. Methods of collection, storage and dis- 
posal of garbage, kitchen wastes and other rubbish shall be such as to prevent 
access of animals and flies to the contents of all storage receptacles, and 
such receptacles shall be regularly emptied and cleansed and the contents 
burned, buried or removed so that no nuisance is created at any time. 
Regulation 13. Swimming pools and bathing beaches. If swimming pools 
or bathing beaches are provided, they shall be maintained and operated in 
conformity with the provisions of chapter VI of the sanitary code. 
No bathing at swimming pools and bathing beaches by children under 
eighteen years of age shall be permitted unless under the supervision of an 
operator or competent attendant trained in life saving procedure. 
Regulation 14. Persons in charge of camp to report cases of disease pre- 
sumably communicable. When no physician is in attendance, it shall be the 
duty of the camp nurse or, where no such nurse is provided, it shall be the 
duty of the person in charge of a camp to report immediately to the local 
health officer the name and address of any individual in the camp known 
to have or suspected of having a communicable disease. Until official action 
on such case has been taken, strict isolation shall be maintained. 
The method of isolation shall be approved by the local health officer. The 
person in charge shall not allow the case to leave or to be removed without 
permission of the local health officer. 
Whenever there shall occur in any camp an outbreak of suspected food 
poisoning or an unusual prevalence of any illness in which fever, diarrhea, 
sore throat, vomiting, or jaundice is a prominent symptom, it shall be the 
duty of the person in charge of the camp to report immediately the existence 
of such an outbreak or disease prevalence to the county commissioner of 
health or the local health officer verbally, or by telegram* or telephone, who 
shall report by telegram or telephone immediately the existence of such 
an outbreak to the state commissioner of health or to the district state health 
officer. Local health officers shall exercise due diligence in ascertaining the 
existence of such outbreaks or the unusual prevalence of disease in camps. 
Regulation 15. Duty to enforce regulations. It shall be the duty of the 
director, superintendent, foreman or other persons in charge of a camp to 
see that all regulations of this chapter are faithfully observed. 
Regulation 16. When to take effect. Every regulation in this chapter 
shall take effect on the first day of January, 1940. CHAPTER VII-A 
Hotels, Lodging Houses, Boarding Houses 
(Added February 23, 1940) 
Regulation 1. Definitions, (a) The term “hotel” shall mean a building 
where transient guests are received without stipulated engagement as to the 
duration of their stay and are supplied with and charged for meals, lodging 
and such services and attention as are necessarily incident to use of such 
place as a temporary abode. 
(b) The term “lodging house” shall mean a building or group of buildings 
where selected persons are supplied with and charged for sleeping accommo- 
dations but not meals. 
(c) The term “boarding house” shall mean a building or group of buildings 
where selected persons for fixed periods of time are supplied with and 
charged for sleeping accommodations and meals. 
(d) The term “county commissioner of health” shall mean the commissioner 
of health of a county health district in those counties of the state which 
maintain county health departments. 
(e) The term “district state health officer” shall mean the physician 
appointed by the state commissioner of health under authority of section 
4-a of article II of the public health law. 
Regulation 2. Application of regulations. The regulations of this chapter 
shall apply only to hotels, lodging houses and boarding houses not served by 
public water supply and sewer systems. Establishments licensed under section 
304 of the state charities law shall be exempt fi’om the provisions of this 
chapter. 
It shall be the duty of the proprietor or person in charge of each establish- 
ment to which this chapter applies to see that all regulations herein are 
observed. 
Regulation 3. Water supply, (a) Water supplied to hotels, lodging houses 
and boarding houses for drinking and culinary purposes shall be adequate and 
of safe sanitary quality. Only water which is of safe sanitary quality shall 
be delivered or piped so as to be accessible for drinking purposes. 
(b) Wells or springs used as sources of water supply shall be so con- 
structed and located as to preclude their pollution by seepage from cesspools, 
privies, sewers, sewage treatment works, stables or manure piles, or by 
surface drainage. The water from such sources shall be obtained by free 
gravity flow or by metal pumps so arranged as to provide for delivery of 
water of safe sanitary quality. 
(c) Basins or reservoirs used for the storage of drinking water subse- 
quently distributed without treatment shall be so lined, curbed, covered or 
otherwise protected as may be necessary to prevent pollution of the supply 
by surface water, and to preclude pollution of an accidental or wilful nature. 
Water therefrom shall be delivered to all fixtures, if such fixtures are pro- 
vided, by means of a water-tight discharge pipe by gravity or by pumping. 
(d) Where a water treatment process is employed, accurate and complete 
daily reports on the operation thereof shall be kept and submitted at monthly 
intervals, on a form prescribed by the state commissioner of health, to the 
county commissioner of health if the hotel, lodging house, or boarding house 
be located in a county health district and, if located elsewhere, to the district 
state health officer of the state sanitary district in which the establishment 
is located. 
(e) Any failure of adequate treatment or change in source of water 
supply shall be reported immediately to such county commissioner of health 
or district state health officer. 
(f) No common drinking cup shall be provided. All drinking fountains 
shall be of sanitary design and construction. 62 
The Sanitary Code 
Regulation 4. Approved toilet and sewage disposal facilities to be provided. 
Convenient and adequate toilet facilities shall be provided, so located, con- 
structed and maintained that they shall not be offensive to the users, become 
a breeding place for flies, nor by leakage or seepage, offer a possible pollution 
of any adjacent waters. 
Sewage disposal systems shall not allow exposure of any inadequately 
treated sewage on the surface of the ground. 
Unless otherwise permitted by the county commissioner of health of the 
county health district in which the establishment is located; or, if not 
located within a county health district, unless otherwise permitted by the 
district state health officer of the sanitary district in which the establish- 
ment is located: 
(a) No privy shall be within one hundred (100) feet of any place where 
food is prepared or served. 
(b) No privy shall be within fifty (50) feet of any lake, reservoir or stream. 
(c) No drainage from a privy, cesspool, sewer or sewage treatment plant 
shall flow directly into any lake, reservoir or stream unless such drainage 
has been approved by the state commissioner of health. 
(d) No privy shall be located in the direct line of drainage to nor less than 
one hundred (100) feet in a horizontal direction from any water supply intake 
pipe, well, or spring used as a source of water supply. 
(e) Privies, one hundred (100) to two hundred (200) feet from the source 
of a water supply shall be provided with water-tight vaults or receptacles, 
the contents of which shall be removed and disposed of in a satisfactory 
manner. 
(f) No leaching pits for disposal of excreta, cesspools, subsurface tile drains, 
sand filters or other units of sewage treatment works or sewers which are not 
water-tight shall be located in the direct line of drainage to nor shall they 
be closer than two hundred (200) feet to water supply intake pipes, wells, 
or springs used as sources of water supply. 
Regulation 5. Approval of plans and permit for sewage treatment works 
required. Approval of plans for new or modified sewage treatment works 
and a written permit from the state commissioner of health shall be obtained 
for the discharge of sewage effluent into any waters of this state. 
Regulation 6. Milk and cream. Only milk nad cream secured from a dealer 
holding a permit under chapter III of the sanitary code shall be used. Only 
pasteurized milk and cream shall be used whenever reasonably obtainable. 
Regulation 7. Protection of food supplies. Adequate provisions shall be 
made for sanitary storage, handling and protection of food and milk supplies. 
Regulation 8. Dishwashing. Adequate facilities, including a plentiful 
supply of hot water for washing dishes and utensils, shall be provided. Dishes 
and utensils shall be washed, cleansed and disinfected effectively after each use. 
Regulation 9. Communicable diseases, (a) No person known to be capable 
of transmitting a communicable disease shall be employed in a hotel, lodging 
house, or boarding house in any capacity or admitted thereto unless properly 
isolated. However, this requirement shall not apply to persons with tuber- 
culosis housed in establishments approved by health officers for the housing 
of tuberculous persons. 
(b) When no physician is in attendance, it shall be the duty of the person 
in charge of any hotel, lodging house, or boarding house, or any other person 
to report immediately to the local health officer the name and address of any 
individual in such an establishment known to have or suspected of having 
a communicable disease. Until official action on such case has been taken, 
strict isolation shall be maintained. The person in charge shall not allow 
the patient to leave or be removed without permission of the local health 
officer. 
(c) Whenever there shall occur in any hotel, lodging house, or boarding 
house an outbreak of suspected food poisoning or an unusual prevalence of Chapter VII-A 
63 
any illness in which fever, diarrhea, sore throat, vomiting, or jaundice is a 
prominent symptom, it shall be the duty of the person in charge of such 
establishment to report immediately the existence of such an outbreak or 
unusual prevalence of illness to the local health officer, in person, or by 
telegram or telephone. Local health officers shall exercise due diligence in 
ascertaining the existence of such outbreaks or the unusual prevalence of 
illness in hotels, lodging houses and boarding houses. 
Regulation 10. When to take effect. Every regulation of this chapter shall 
take effect on the first day of April, 1940. Nuisances Which May Affect Life and Health f 
CHAPTER VIII* 
(Adopted December 18, 1914) 
Regulation 1. All complaints to be investigated. The local health officer, 
upon receiving a complaint of the existence within his jurisdiction of a 
nuisance which may affect health, or when the probable existence of any 
such nuisance comes to his attention, shall make or cause to be made by his 
duly authorized representative an immediate and thorough investigation, and 
if, in his opinion, such a nuisance exists, he shall take steps to secure its 
voluntary abatement. (Amended June 14, 1920 and June 28, 1932.) 
Regulation 2. Health officer to file report with local board. The health 
officer, except in municipalities in which a different procedure is prescribed 
by general or special law, shall also within five days of the receipt of a 
complaint or of the discovery of the probable existence of a nuisance which 
may affect health, unless the nuisance has in the meantime been abated and 
the complainant satisfied, file with the local board of health: 
(a) the complaint, if made in writing, or, if not in writing a summary 
thereof; or, if no complaint has been made, a statement of the facts, 
and 
(b) a report showing 
(i) his findings of the facts; 
(ii) his opinion as to whether or not the condition constitutes a 
nuisance likely to affect health and whether or not such 
condition constitutes a violation of any local regulation in 
the municipality; 
(iii) the steps, if any, already taken to abate the nuisance; 
(iv) whether in his opinion the nuisance has been abated. (Added 
June 14, 1920 and amended June 28, 1932.) 
Regulation 3. Action to be taken by local board. Within five days of the 
filing with the local board of health of the report provided for in regulation 2 
of this chapter, such local board shall 
(a) convene, and examine into the complaint and if it appears that a 
nuisance dangerous to health exists; 
(b) furnish the owner, agent or occupant of the premises on which the 
condition alleged to constitute a nuisance exists, with a written 
statement of the condition found; and have duly served upon such 
owner, agent or occupant, a notice to appear before the board of 
health at a stated time and place, to show cause why such condition 
should not be declared a nuisance dangerous to health and an order 
for its abatement issued, and the prescribed penalty imposed if the 
condition constitutes a violation of a local health regulation in force 
in the municipality; 
(c) if, after such hearing, it decides that the condition found to exist con- 
stitutes a nuisance dangerous to health, issue and enter upon its 
minutes an order directing the abatement of such nuisance, a copy 
of which order shall be served upon the owner, agent or occupant 
of the premises, or posted conspicuously thereon; 
(d) impose in addition, if the condition constitutes a violation of a local 
health regulation in force in the municipality, the prescribed penalty 
for such violation. (Added June 14, 1920, amended December 8, 
1926 and June 28, 1932.) 
♦ Formerly Chap. VI, renumbered June 28, 1932. 
t See Public Health Law, § 6 and footnote and § 26. Chapter VIII 
65 
Regulation 4. Health officer to report to state commissioner of health. 
Within forty-eight hours after the entry of any decision of the board declaring 
the conditions not to be a nuisance affecting health, or if within five days 
of the filing of the report of the health officer with the local board of health, 
said board fails to take action provided by regulation 3 of this chapter, the 
health officer shall forward a copy thereof to the state commissioner of health, 
together with the original or copies of his report and other papers filed by 
him with the local board, as required in regulation 2 of this chapter. (Added 
June 14, 1920.) 
Regulation 5. State commissioner of health may direct local board of 
health to take certain definite proceedings. If, in the opinion of the state 
commissioner of health, the conditions complained of constitute a nuisance 
likely to affect health and the abatement or removal thereof is necessary for 
the public good and for the protection of life and health, the said commis- 
sioner may, by notice to the presiding officer of the local board of health, 
direct him, pursuant to section 26 of the public health law, to convene such 
local board to take certain definite proceedings concerning which the said 
commissioner is satisfied that the action recommended by him is necessary 
for the public good and is within the jurisdiction of such local board of 
health. (Added June 14, 1920.) 
Regulation 6, Presiding officer to convene local board and take action 
directed. Upon the receipt of such notice from the state commissioner of 
health, the presiding officer of the local board of health shall promptly con- 
vene such local board, which shall take the action directed by the said 
commissioner. (Added June 14, 1920.) 
Regulation 7. When to take effect. Every regulation in this chapter, 
unless otherwise specifically stated, shall take effect on the first day of Sep- 
tember, 1932. (Added June 28, 1932.) CHAPTER IX* 
Certain Health Hazards 
Regulation 1. Distribution of tetraethyl lead in concentrated form to 
public prohibited. The sale or distribution of tetraethyl lead in concentrated 
form, except to refineries, bulk stations or filling stations, is hereby pro- 
hibited. Such sale or distribution shall be made in safe, sealed containers. 
Nothing herein contained shall be construed to prevent the sale or dis- 
tribution of tetraethyl lead in concentrated form for experimental and re- 
search purposes or for use under special circumstances to persons whose 
applications therefor have been approved by the state commissioner of health. 
(Added January 20, 1925 and amended and renumbered June 28, 1932.) 
(Adopted as a separate chapter June 28, 1932) 
Regulation 2. Use of nitro-cellulose x-ray film prohibited. It shall be 
unlawful for the person or authority in charge of maintaining, operating or 
conducting any hospital, clinic, dispensary, school, college, home, asylum or 
institution to bring into, expose or develop or allow to be brought into, 
exposed or developed in such institution any nitro-cellulose material in the 
form of sheet film, or other form intended to be exposed to Roentgen rays, 
x-rays, or to light of any kind. Any such nitro-cellulose film, or material, 
that may be in or upon the premises of any such institution and already 
exposed and developed at the time this regulation becomes effective shall be 
stored in such place and manner as the state commissioner of health shall 
prescribe.-}- (Added June 26, 1929, amended September 11, 1929 and amended 
and renumbered June 28, 1932.) 
Regulation 3. Poisonous substances for polishing kitchenware or silver- 
ware prohibited. No polish or article or substance containing any cyanide 
preparation or other poison shall be sold or offered for sale when such sale 
is obviously or presumably for the cleaning of nickle, copper, silverware or 
silver plated ware or other articles or utensils used for the service or prep- 
aration of food or food stuffs in any hotel, club, restaurant, public institu- 
tion or public eating place. 
No polish or article or substance containing any cyanide preparation or 
other poison shall be used for the cleaning of nickle, copper, silverware or 
silver plated ware or other articles or utensils used for the service or prep- 
aration of food or food stuffs in any hotel, club, restaurant, public institution 
or public eating place. (Added November 6, 1929, amended June 30, 1931, 
and renumbered June 28, 1932.) 
Regulation 4. Manufacture or sale of articles which may be contaminated 
with anthrax. No person shall manufacture, sell or offer for sale a shaving 
or lather brush containing horsehair. (Added February 11, 1919, amended 
December 6, 1921 and amended and renumbered June 28, 1932.) 
Regulation 5. Spitting in public places forbidden. Spitting upon the floor 
of public buildings or buildings used for public assemblage, or upon the floors 
or platforms or any part of any railroad or trolley car or ferry boat, or any 
other public conveyance, is forbidden. (Renumbered June 28, 1932.) 
Regulation 6. Common towel forbidden. No person, firm, corporation or 
authorities owning, in charge of, or in control of any lavatory or wash room 
in any hotel, lodging house, restaurant, factory, school, store, office building, 
railway or trolley station, or public conveyance by land or water shall pro- 
vide in or about such lavatory or wash room any towel for common use. The 
term “common use” in this regulation shall be construed to mean, for use 
by more than one person without cleansing. (Amended April 27, 1920 and 
renumbered June 28, 1932.) 
* Originally a part of former Chap. VII, then entitled Miscellaneous, 
t See Administrative Rules and Regulations, page 95. Chapter IX 
67 
Regulation 7. Common drinking cups and drinking and eating utensils 
forbidden. The use of common drinking cups, and of common drinking or 
eating utensils in any public place or public institution, or in any hotel, 
lodging house, theatre, factory, store, school or public hall; or in any railway 
or trolley car or ferry boat; or in any railway or trolley station or ferry 
house; or the furnishing of any such common drinking cup or drinking or 
eating utensil for common use in any such place is prohibited. 
The term “common use” in this regulation shall be construed to mean for 
use by more than one person without adequate cleansing. (Amended March 
4, 1915 and amended and renumbered June 28, 1932.) 
Regulation 8. Sale or use of lead nipple shields prohibited. The sale or 
use of metal or foil breast nipple shields made of or containing lead is 
prohibited. This regulation shall take effect February 1, 1939. (Added 
January 20, 1939.) 
Regulation 9. When to take effect. Every regulation in this chapter, 
unless otherwise specifically stated, shall take effect on the first day of Sep- 
tember, 1932. (Added June 28, 1932 and renumbered January 20, 1939.) Barber Shops and Beauty Parlors 
CHAPTER X* 
(Adopted as a separate chapter June 28, 1932) 
Regulation 1. Barber shops, hairdressing establishments, manicuring and 
beauty parlors. This regulation shall apply to all barber shops, hairdressing 
establishments, manicuring parlors and beauty parlors and the aforementioned 
terms shall include all premises or portions thereof wherein the business of 
shaving, clipping, cutting, trimming, singeing, shampooing, massaging, mani- 
curing, dressing, adorning or beautifying the human hair, face, scalp or hands 
is conducted for fee, charge or hire. 
Every person in charge of any such establishment shall keep such estab- 
lishment at all times in a clean and sanitary condition. 
No operator shall be employed in any such establishment who is affected 
with syphilis in the infective stage or with any other infectious disease in a 
communicable stage or with any communicable affection of the skin. 
The hands of the operator shall be washed with soap and water before 
serving each customer. 
Hair brushes and combs shall be kept clean at all times. 
Shaving mugs and brushes and finger bowls shall be thoroughly rinsed with 
hot water after each use thereof. 
There shall be a separate clean towel for each customer. The head rest 
shall be covered by a clean towel or paper for each customer. 
Alum or other material used to stop the flow of blood shall be applied in 
powdered or liquid form only. 
After the handling of a customer affected with any eruption, or whose skin 
is broken out, or is inflamed or contains pus, the hands of the attendant shall 
be disinfected immediately. This shall be done by thorough washing with 
soap and water, followed by rinsing in alcohol (70 to 80 per cent) or in a 
solution of corrosive sublimate (1 to 1,000), or by the use of some equally 
efficient disinfectant. 
The instruments used on a customer shall be made safe immediately after 
such use by washing with soap and water and dipping for one minute in a 
ten per cent solution of commercial formalin; or dipping for three minutes 
in alcohol (70 to 80 per cent), or by the use of some equally efficient 
disinfectant. 
No cup or brush which has been used in the shaving of a customer affected 
with any of the above infectious disorders of the face shall be used for another 
customer unless the cup shall have been emptied and cleansed by boiling water 
and furnished with fresh soap, and the brush has been sterilized by a three 
minutes’ immersion in alcohol (70 to 80 per cent), or in a corrosive sublimate 
solution (1 to 1,000), or by the use of some equally efficient disinfectant. 
No powder puff, sponge or neck duster shall be used in any such es- 
tablishment. 
The use of soap in common, or for more than one person is prohibited in 
any such establishment. 
The person in charge of every barber shop, hairdressing establishment, 
manicuring parlor and beauty parlor shall post conspicuously in such estab- 
lishment a copy of this regulation. (Amended February 2, 1915, February 
11, 1919, and June 29, 1927 and amended and renumbered June 28, 1932.) 
Regulation 2. When to take effect. Every regulation in this chapter, 
unless otherwise specifically stated, shall take effect on the first day of Sep- 
tember, 1932. (Added June 28, 1932.) 
* Originally part of former Chap. VII, then entitled Miscellaneous. CHAPTER XI 
Qualifications of Public Health Personnel 
SECTION A—LOCAL HEALTH OFFICERS* 
(Originally adopted May 20, 1932) 
Regulation 1. Definitions. The term “local health officer” as used in this 
chapter shall he construed to mean a health officer or health commissioner 
of a city, a county commissioner of health or a health officer of a town, village 
or consolidated health district in New York state. 
Regulation 2. Qualifications required. No person shall hereafter be ap- 
pointed as a local health officer unless he shall possess at the time of appoint- 
ment, the qualifications hereinafter prescribed for such position: Provided, 
that any local health officer now holding office who possessed the qualifications 
prescribed by the public health council at the time of his appointment shall 
be qualified for reappointment. 
Regulation 3. Preliminary qualifications. All local health officers shall be 
physicians and, except those now holding office as local health officers, shall 
be licensed or eligible for examination for license to practice medicine in 
New York state. 
Regulation 4. Grades established. There are hereby established qualifica- 
tions for local health officers in two grades to be known as Grade 1 and 
Grade II. Health officers of cities having a population of more than 50,000 
at the next preceding federal census, and all county health commissioners 
shall have the qualifications prescribed for Grade I, provided that in cities 
having health departments organized under the provisions of chapter 249, 
laws of 1921, a physician who has received the degree of doctor of public 
health in a course in any institution of learning recognized by the university 
of the state of New York shall be eligible for appointment as health officer. 
Health officers of all towns, villages, consolidated health districts, and of 
cities having less than 50,000 population at the next preceding federal census 
shall have the qualifications prescribed for Grade II. (Amended June 26, 
1934.) 
Regulation 5. Qualifications, Grade I. The qualifications for health officers 
in Grade I shall be practical experience and/or special training and education 
in public health, consisting of: 
(a) Not less than four years of full-time experience in a responsible public 
health position. Or, 
(b) Not less than two years of full-time experience in a responsible public 
health position and the completion of a course in public health approved by 
the public health council of at least one scholastic year in residence. Ur, 
(c) A combination of part-time or full-time experience in public health 
with special training which combination in the opinion of the council is the 
equivalent of either of the above qualifications. 
Regulation 6. Qualifications, Grade II. The qualifications for health 
officers in Grade II shall be practical experience and/or special training and 
education in public health consisting of: 
(a) Four or more years’ part-time experience and the completion of 
a postgraduate course in public health approved by the public health council 
prior to June 1, 1932. 
(b) The completion of a postgraduate course in public health approved 
by the public health council subsequent to June 1, 1932, as qualifying for 
this grade, providing appointment as health officer is made within ten years 
after the completion of such course. 
• See Public Health Law, f§ 2-c and 20. Regulations relating to local health 
officers were originally adopted as a resolution of the public health council July 6 
1915, and subsequently amended from time to time. 70 
The Sanitary Code 
(c) The completion of an undergraduate course in public health approved 
by the public health council as qualifying for this grade, providing appoint- 
ment as health officer is made within five years of graduation in medicine. 
(d) Other practical experience and/or special training and education in 
public health work which in the opinion of the council is the equivalent 
of any of the above qualifications: Provided, that under special circum- 
stances specified in writing by the local board of health or other appointing 
power or by the proposed health officer, the public health council may waive 
the requirements for a health officer in Grade II as to any proposed appoint- 
ment, such waiver to be valid for a period not longer than the term of the 
proposed appointment. (Amended December 16, 1932 and June 23, 1936.) 
Regulation 7. Submission of qualifications. Any physician may submit his 
qualifications or any local appointing authority may submit the qualifications 
of a physician, to the public health council for opinion as to whether or 
not he meets the qualifications of a specified grade. 
Regulation 8. Examination may be requested. The public health council 
may request any physician whose qualifications it is called upon to consider, 
to take such written, oral and practical examinations in public health as 
the council may direct. 
Regulation 9. Lists to be maintained. The public health council may 
maintain lists of persons who have submitted to the council satisfactory 
evidence that they possess the qualifications for either of the two grades 
herein established. 
Regulation 10. When to take effect. Every regulation in this section shall 
take effect June 1, 1932. 
SECTION B—PUBLIC HEALTH NURSES * 
(Orginally adopted June 28, 1932) 
Regulation 11. Definitions. The term “public health nurse” as used in this 
chapter shall mean a nurse employed pursuant to the provisions of the public 
health law by the state department of health, a county health commissioner, 
local health officer or a town board, or by a county board of supervisors or 
the board of managers of a county tuberculosis sanatorium pursuant to the 
provisions of paragraph 44-a, section 12 and section 47 of the county law, or 
a nurse employed by the health authority of a city to provide, wholly or in 
part through domiciliary visits, instruction in medical, sanitary and social 
procedures for the prevention of disease, correction of defects and the pro- 
motion of health and to render assistance in the application of such procedures 
and in the domiciliary care of the sick. The term “public health nursing 
experience” shall mean experience acquired through domiciliary nursing visits 
while in the employ of a public or private agency authorized to provide such 
service. 
The term “adequate nursing supervision” shall mean direct supervision by 
a public health nurse, Grade I, who shall: (1) give preliminary instruction 
in the technique and purposes of nursing visitation; (2) visit from time to 
time with the supervised nurse the families under her charge; (3) give con- 
tinuous instruction by means of office and field conferences. (Amended May 
18, 1934, effective June 26, 1934.) 
Regulation 12. Qualifications required. No person shall hereafter be ap- 
pointed as a public health nurse unless she shall possess at the time of 
appointment, the following qualifications: 
(a) Shall be a graduate nurse; 
(b) Shall be not less than twenty-one years of age at the time of her 
appointment; 
(c) Shall be registered or eligible for registration as a graduate nurse in 
New York state; 
* See Public Health Law, § 2-c. Regulations relating to public health nurses 
were originally adopted as a resolution of the public health council April 21, 1914, 
and subsequently amended from time to time. Chapter XI 
71 
(d) Shall have graduated from a high school or have had an equivalent 
education if graduating from a school of nursing after January 1, 1932, or 
if graduating from a school of nursing before 1932 is entering public health 
nursing for the first time. 
Regulation 13. Grades established. There are hereby established qualifi- 
cations for public health nurses in two grades to be known as Grade I and 
Grade II. Public health nurses in municipalities where no adequate nursing 
supervision is provided shall have the qualifications prescribed for Grade I. 
Public health nurses in municipalities where adequate nursing supervision is 
provided shall have not less than the qualifications prescribed for Grade II. 
Regulation 14. Qualifications, Grade I. The qualifications for public health 
nurses in Grade I shall be practical experience and/or special training and 
education in public health, consisting of: 
(a) Not less than three years of public health nursing experience which 
included a program of field work. Or, 
(b) Not less than one year of public health nursing experience which 
included a program of field work under adequate nursing supervision. Or, 
(c) The completion of a postgraduate course in public health nursing 
approved by the public health council for this grade of at least one scholastic 
year in residence. Or, 
(d) A combination of public health nursing experience with special train- 
ing which combination in the opinion of the public health council is the 
equivalent of any of the above qualifications. (Amended June 26, 1934.) 
Regulation 15. Qualifications, Grade II. The qualifications for public health 
nurses in Grade II shall be practical experience and/or special training and 
education in public health, consisting of: 
(a) The completion of a course of at least four months in residence in 
public health nursing approved by the public health council for this grade. Or, 
(b) Not less than one year of experience in public health nursing which in 
the opinion of the public health council qualifies the applicant for public health 
nursing under adequate nursing supervision: Provided, that under special 
circumstances specified in a written statement by the appointing power which 
shall include the facts relating to the nursing supervision under which the 
applicant is to serve, the public health council may waive the requirements 
of this regulation for a public health nurse, Grade II, for any proposed 
appointment. A statement signed by the proposed appointee giving her 
education and experience shall accompany such request. {Amended June 26, 
1934.) 
Regulation 16. Submission of qualifications. Any graduate nurse may sub- 
mit her qualifications or any local appointing authority may submit the 
qualifications of a graduate nurse, to the public health council for opinion 
as to whether or not she meets the qualifications of a specified grade. 
Regulation 17. When to take effect. Every regulation in this section shall 
take effect immediately. (Added June 28, 1932, amended June 26, 1934.) 
SECTION C—LABORATORY PERSONNEL* 
(Originally adopted June 28, 1932) 
Regulation 18. Definitions. The terms “director,” “pathologist,” and “bac- 
teriologist,” as used in this section, shall be construed to mean respectively, 
directors of laboratories, directors or their assistants in charge of patKo’- 
logical examinations in laboratories, and bacteriologists in charge of labora- 
tories, or in charge of bacteriological examinations in laboratories, in instances 
where such laboratories have been approved pursuant to section 4-b of the 
public health law. (Amended May 21, 1937.) 
* See Public Health Law, § 4-b. Regulations relating to laboratory personnel 
were originally adopted as a resolution of the public health council December 11, 
1923, and subsequently amended from time to time. 72 
The Sanitary Code 
Regulation 19. Qualifications required. No person shall hereafter be ap- 
pointed as a director, pathologist, or bacteriologist, unless he shall possess at 
the time of appointment the qualifications hereinafter prescribed for such 
position. (Amended May 21, 1937.) 
Regulation 20. Preliminary qualifications. All directors, pathologists and 
bacteriologists shall possess the integrity and ability to conduct a laboratory 
in which satisfactory standards of work can be maintained; directors and 
pathologists shall he graduates in medicine of schools recognized by the regents 
of the university of the state of New York and licensed to practice medicine 
or eligible for examination for license to practice medicine in the state of 
New York; and bacteriologists shall possess the educational requirements for 
a doctorate degree in science, public health or medicine as prescribed by a 
university holding membership in the association of American universities: 
Provided, that under special conditions any or all of the qualifications relating 
to education or experience may be waived by the public health council. 
(Amended May 21, 1937.) 
Regulation 21. Qualifications, directors. The qualifications for directors shall 
include an adequate knowledge of pathology and bacteriology and, subsequent 
to graduation, at least four years’ training and experience in pathological 
and bacteriological work approved by the public health council: Provided, 
that under special conditions any or all of the qualifications relating to educa- 
tion or experience may be waived by the public health council. (Amended 
May 21, 1937.) 
Regulation 22. Qualifications, pathologists. The qualifications for patholo- 
gists shall include an adequate knowledge of pathology and, subsequent to 
graduation, at least four years’ training and experience in pathological work, 
approved by the public health council, of which at least one year shall have 
been devoted to training and experience in the diagnosis of neoplastic dis- 
ease: Provided, that under special conditions any or all of the qualifications 
relating to education or experience may be waived by the public health 
council. (Amended May 21, 1937.) 
Regulation 23. Qualifications, bacteriologists. The qualifications for bacteri- 
ologists shall include, subsequent to graduation, at least four years’ experi- 
ence or training in pathology and bacteriology or in bacteriology alone, 
approved by the public health council: Provided, that under special condi- 
tions any or all of the qualifications relating to education or experience may 
be waived by the public health council. (Amended January 19, 1934 and 
May 21, 1937.) 
Regulation 24. When to take effect. Every regulation in this section shall 
take effect September 1, 1932. (Amended May 21, 1937, effective June 1, 
1937.) 
SECTION D — DAIRY AND MILK INSPECTORS 
(Originally adopted September 24, 1937) 
Regulation 25. Definition. The term “milk inspector” as used in this sec- 
tion shall be construed to be synonymous with “dairy and milk inspector” 
and shall mean any individual who is paid from public funds, other than a 
local health officer, and who is employed or appointed by any county, city, 
town, village, or consolidated health district, to inspect milk pasteurizing or 
milk bottling plants, or dairy farms or herds, except that it shall not apply 
to a veterinarian employed occasionally to make physical examinations or 
tests of cattle. 
Regulation 26. Qualifications required. No person shall be appointed here- 
after as milk inspector unless he shall posses at the time of appointment the 
qualifications hereinafter prescribed for such position. This regulation shall 
not apply to appointments made from civil service lists established prior to Chapter XI 
73 
October 1, 1937, nor to an individual engaged on September 30, 1937 as such 
an inspector so as to interfere with his continuance in the same position in 
the same district where then employed. (Amended March 15, 1940, effective 
April 1, 1940.) 
Regulation 27. Preliminary qualifications. A milk inspector shall be phys- 
ically capable of performing his duties, able to read, write, make simple arith- 
metical computations and shall produce evidence acceptable to the appointing 
authority as to his character and his ability to perform the required duties. 
Regulation 28. Grades established. There are hereby established qualifi- 
cations for milk inspectors in three grades to be known as Grade I, Grade II, 
and Grade III. 
Grade I. Milk inspectors in charge of the milk inspection service of any 
county or county health district, or of any city having a population of 50,000 
or more, according to the last federal census, shall have the qualifications 
prescribed for Grade I. 
Grade II. Milk inspectors in charge of the milk inspection service of a 
city, town, village, or consolidated health district having a population of more 
than 10,000 and less than 50,000 according to the last federal census, and 
milk inspectors acting under general supervision of milk inspectors in muni- 
cipalities or districts in which milk sanitation is required to he under the 
charge of Grade I inspectors, shall have the qualifications prescribed for 
Grade II. 
Grade III. Milk inspectors of any city, town, village, or consolidated health 
district having a population of less than 10,000 according to the last federal 
census, and milk inspectors acting under general supervision of milk inspectors 
in municipalities or districts in which milk sanitation is required to be under 
the charge of Grade II milk inspectors, shall have the qualifications prescribed 
for Grade III. 
Nothing herein shall be construed to prevent the employment or appoint- 
ment of a milk inspector in a grade lower than that for which he is qualified. 
Regulation 29. Qualifications, Grade I. The qualifications for milk inspec- 
tors in Grade I shall be practical experience and special training and educa- 
tion in milk sanitation, consisting of: 
(a) Graduation from a university or school of recognized standing with a 
degree in public health or sanitary engineering, veterinary medicine or agri- 
culture, provided that graduates shall have completed acceptable courses in 
milk sanitation; and shall have had not less than one year of satisfactory 
full-time experience in milk sanitation; or, 
(b) Completion of a course of instruction in milk sanitation approved 
by the public health council as qualifying for this grade, provided that such 
persons shall have had not less than three years of satisfactory full-time 
experience in milk sanitation; or, 
(c) Any combination of education, training and experience which in the 
opinion of the public health council is the equivalent of either of the above 
qualifications. 
Regulation 30. Qualifications, Grade II. The qualifications for milk inspec- 
tors in Grade II shall be practical experience and special training and educa- 
tion in milk sanitation, consisting of: 
(a) Graduation from a high school and completion of a course of instruc- 
tion in milk sanitation approved by the public health council as qualifying 
for this grade, provided that such persons shall have had not less than one 
year of satisfactory full-time experience in milk sanitation; or, 
(b) Completion of a course of instruction in milk sanitation approved by 
the public health council as qualifying for this grade, provided that such 
persons shall have had not dess than three years of satisfactory full-time 
experience in milk sanitation; or, 74 
The Sanitary Code 
(c) Any combination of education, training, and experience which in the 
opinion of the public health council is the equivalent of any of the above 
qualifications. 
Regulation 31. Qualifications, Grade III. The qualifications for milk inspec- 
tors in Grade III shall be practical experience and/or special training and 
education in milk sanitation, consisting of: 
(a) Not less than one year of satisfactory experience in milk sanitation; or, 
(b) Completion of a course of instruction in milk sanitation approved by 
the public health council as qualifying for this grade, provided that such per- 
sons shall have had not less than three months of satisfactory experience in 
milk sanitation; or, 
(c) Any combination of education, training, and experience which in the 
opinion of the public health council is the equivalent of either of the above 
qualifications. 
Regulation 32. Submission of evidence of qualifications. Any person may 
submit evidence of his qualifications or any appointing authority may submit 
evidence of the qualifications of any person, to the public health council 
for opinion as to whether or not such person meets the qualifications for milk 
inspectors in a specified grade. 
Regulation 33. Authority to waive requirements or to require examinations. 
The public health council may, under special circumstances specified by the 
local appointing authority or by the proposed milk inspector, waive the 
requirements in any grade as to any proposed appointment, such waiver to be 
valid for such period as may be specified by the public health council but not 
for a period longer than the term of the proposed appointment. The public 
health council may require any person whose qualifications it is called upon 
to consider, to take such written, oral, or practical examinations as it may 
direct. 
Regulation 34. When to take effect. Every regulation in this section shall 
take effect on October 1, 1937. 
SECTION E—OPERATORS OF PUBLIC WATER TREATMENT AND 
PURIFICATION PLANTS 
(Originally adopted September 24, 1937) 
Regulation 35. Definition. The term “operator” as used in this section 
shall mean any individual who is paid from public funds and who is employed 
or appointed by any county, city, village, town or district, or by any state 
department as the person in charge of the operation of any water treatment 
or purification plant or essential part thereof. 
Regulation 36. Qualifications required. No person shall be appointed here- 
after as operator unless he shall possess at the time of appointment the 
qualifications hereinafter prescribed for such position. This regulation shall 
not apply to appointments made from civil service lists established prior to 
October 1, 1937, nor to an individual engaged on September 30, 1937 as such 
an operator so as to interfere with his continuance in the same position in 
the same plant where then employed. (Amended March 15, 1940, effective 
April 1, 1940.) 
Regulation 37. Preliminary qualifications. An operator shall be physically 
capable of performing his duties, able to read, write, make simple arith- 
metical computations and shall produce evidence acceptable to the appointing 
authority as to his character and his ability to maintain and operate properly 
all equipment entrusted to his care. 
Regulation 38. Grades established. There are hereby established qualifica- 
tions for operators in three grades to be known as Grade I, Grade II, and 
Grade III. Chapter XI 
75 
Grade I. The following operators shall have the qualifications prescribed 
for Grade I; 
(1) Operators responsible for or in charge of the operation of any water 
treatment or purification plant supplying water to a population of more than 
20,000; or, 
(2) Operators responsible for or in charge of the operation of any water 
purification plant employing a filtration process and supplying water to a 
population of more than 10,000. 
Grade II. The following operators shall have the qualifications prescribed 
for Grade II: 
(1) Operators responsible for or in charge of the operation of any water 
treatment plant not employing a filtration process and supplying water to a 
population of from 5,000 to 20,000; or, 
(2) Operators responsible for or in charge of the operation of any water 
purification plant employing a filtration process and supplying water to a 
population of less than 10,000; or, 
(3) Operators acting under general supervision in plants required to be 
under the charge of Grade I operators. 
Grade III. The following operators shall have the qualifications prescribed 
for Grade III: 
(1) Operators of any water treatment plant not employing a filtration 
process and supplying water to a population of less than 5,000; or, 
(2) Operators acting under general supervision in plants required to be 
under the charge of Grade II operators. 
Nothing herein shall be construed to prevent the employment or appoint- 
ment of an operator in a grade lower than that for which he is qualified. 
Regulation 39. Qualifications, Grade I. The qualifications for operators in 
Grade I shall be practical experience and special training and education in 
water purification or treatment, consisting of: 
(a) Graduation from a university or school of recognized standing with a 
degree in public health, sanitary, chemical, or civil engineering, provided that 
graduates in chemical or civil engineering shall have completed acceptable 
courses in sanitation; and, provided that all shall have had not less than one 
year of satisfactory experience in a water purification or treatment plant; or, 
(b) Completion of a course of instruction in water purification or treat- 
ment approved by the public health council as qualifying for this grade, pro- 
vided that such persons shall have had not less than five years of satisfactory 
experience in a water purification or treatment plant; or, 
(c) Any combination of education, training, and experience which in the 
opinion of the public health council is the equivalent of either of the above 
qualifications. 
Regulation 40. Qualifications, Grade II. The qualifications for operators in 
Grade II shall be practical experience and special training and education in 
water purification or treatment, consisting of: 
(a) Graduation from a high school and completion of a course of instruc- 
tion in water purification or treatment approved by the public health council 
as qualifying for this grade, provided that such persons shall have had not 
less than one year of satisfactory experience in a water purification or treat- 
ment plant; or, 
(b) Completion of a course of instruction in water purification or treat- 
ment approved by the public health council as qualifying for this grade, pro- 
vided that such persons shall have had not less than three years of satisfactory 
experience in a water purification or tx'eatment plant; or, 
(c) Any combination of education, training, and experience which in the 
opinion of the public health council is the equivalent of either of the above 
qualifications. 76 
The Sanitary Code 
Regulation 41. Qualifications, Grade III. The qualifications for operators 
in Grade III shall be practical experience and/or special training and educa- 
tion in water purification or treatment, consisting of: 
(a) Not less than one year of satisfactory experience in a water purifica- 
tion or treatment plant; or, 
(b) Completion of a course of instruction in water purification or treat- 
ment approved by the public health council as qualifying for this grade, pro- 
vided that such persons shall have had not less than three months of satis- 
factory experience in a water purification or treatment plant; or, 
(c) Any combination of education, training and experience which in the 
opinion of the public health council is the equivalent of either of the above 
qualifications. 
Regulation 42. Submission of evidence of qualifications. Any person may 
submit evidence of his qualifications, or any appointing authority may sub- 
mit evidence of the qualifications of any person, to the public health council 
for opinion as to whether or not such person meets the qualifications for 
operators in a specified grade. 
Regulation 43. Authority to waive requirements or to require examinations. 
The public health council may, under special circumstances specified by the 
local appointing authority or by the proposed operator, waive the require- 
ments in any grade as to any proposed appointment, such waiver to be valid 
for such period as may be specified by the public health council but not for a 
period longer than the term of the proposed appointment. The public health 
council may require any person, whose qualifications it is called upon to 
consider, to take such written, oral, or practical examination as it may direct. 
Regulation 44. When to take effect. Every regulation in this section shall 
take effect on October 1, 1937. 
SECTION F—OPERATORS OF PUBLIC SEWAGE TREATMENT PLANTS 
Regulation 45. Definition. The term “operator” as used in this section 
shall mean any individual, who is paid from public funds and who is employed 
or appointed by any county, city, village, town, or district, or by any state 
department, as the person in charge of the operation of any sewage treatment 
plant or essential part thereof. 
Regulation 46. Qualifications required. No person shall be appointed here- 
after as operator unless he shall possess at the time of appointment the 
qualifications hereinafter prescribed for such position. This regulation shall 
not apply to appointments made from civil service lists established prior to 
October 1, 1937, nor to an individual engaged on September 30, 1937 as such 
an operator so as to interfere with his continuance in the same position in 
the same plant where then employed. (Amended March 15, 1940, effective 
April 1, 1940.) 
Regulation 47. Preliminary qualifications. An operator shall be physically 
capable of performing his duties, able to read, write, and make simple arith- 
metical computations and shall produce evidence acceptable to the appointing 
authority as to his character and his ability to maintain and operate properly 
all equipment entrusted to his care. 
Regulation 48. Grades established. There are hereby established qualifica- 
tions for operators in three grades, to be known as Grade I, Grade II, and 
Grade III. 
Grade I. The following operators shall have the qualifications prescribed 
for Grade I: 
(I) Operators responsible for or in charge of the operation of any sewage 
treatment plant to which the sewage of more than 40,000 persons, or tne 
population equivalent, as determined by the bio-chemical oxygen demand, is 
tributary; or, 
(Originally adopted September 24, 1937) Chapter XI 
77 
(2) Operators responsible for or in charge of the operation of any sewage 
treatment plant to which the sewage of from 20,000 to 40,000 persons, or 
the population equivalent, as determined by the bio-chemical oxygen demand, 
is tributary and in which plant use is made of the process of separate sludge 
digestion, chemical precipitation, incineration of sludge, activated sludge, or 
biological oxidation; or, 
(3) Operators responsible for or in charge of the operation of any sewage 
treatment plant to which the sewage of from 10,000 to 20,000 persons, or the 
population equivalent, as determined by the bio-chemical oxygen demand, is 
tributary and in which plant use is made of the activated sludge process. 
Grade II. The following operators shall have the qualifications prescribed 
for Grade II: 
(1) Operators responsible for or in charge of the operation of any sewage 
treatment plant to which the sewage of from 20,000 to 40,000 persons, or the 
population equivalent, as determined by the bio-chemical oxygen demand, is 
tributary and in which plant use is made of any process except separate 
sludge digestion, chemical precipitation, incineration of sludge, activated 
sludge, or biological oxidation; or, 
(2) Operators responsible for or in charge of the operation of any sewage 
treatment plant to which the sewage of from 10,000 to 20,000 persons, or the 
population equivalent, as determined by the bio-chemical oxygen demand, is 
tributary and in which plant use is made of any process except activated 
sludge; or, 
(3) Operators responsible for or in charge of the operation of any sewage 
treatment plant to which the sewage of from 5,000 to 10,000 persons or the 
population equivalent, as determined by the bio-chemical oxygen demand, is 
tributary and in which plant use is made of the process of separate sludge 
digestion, chemical precipitation, incineration of sludge, activated sludge, or 
biological oxidation; or, 
(4) Operators responsible for or in charge of any sewage treatment plant 
to which the sewage of less than 5,000 persons, or the population equivalent, 
as determined by the bio-chemical oxygen demand, is tributary and in which 
plant use is made of the process of gas collection, chemical precipitation, or 
activated sludge; or, 
(5) Operators acting under general supervision in plants required to be 
under the charge of Grade I operators. 
Grade III. The following operators shall have the qualifications prescribed 
for Grade III: 
(1) Operators responsible for or in charge of the operation of any sewage 
treatment plant to which the sewage of from 5,000 to 10,000 persons, or the 
population equivalent, as determined by the bio-chemical oxygen demand, is 
tributary and in which plant use is made of any process, except separate 
sludge digestion, chemical precipitation, incineration of sludge, activated 
sludge, or biological oxidation; or, 
(2) Operators responsible for or in charge of the operation of any sewage 
treatment plant to which the sewage of less than 5,000 persons, or the popula- 
tion equivalent, as determined by the bio-chemical oxygen demand, is tribu- 
tary and in which plant use is made of any process, except gas collection, 
chemical precipitation, or activated sludge; or, 
(3) Operators acting under general supervision in plants required to be 
under the charge of Grade II operators. 
Nothing herein shall be construed to prevent the employment or appoint- 
ment of an operator in a grade lower than that for which he is qualified. 
Regulation 49. Qualifications, Grade I. The qualifications for operators in 
Grade I shall be practical experience and special training and education in 
sewage treatment, consisting of: 
(a) Graduation from a university or school of recognized standing with a 
degree in public health, sanitary, chemical, or civil engineering, provided that 
graduates in chemical or civil engineering shall have completed acceptable 78 
The Sanitary Code 
courses in sanitation; and, provided that all shall have had not less than one 
year of satisfactory experience in a sewage treatment plant; or, 
(b) Completion of a course of instruction in sewage treatment approved by 
the public health council as qualifying for this grade, provided that such per- 
sons shall have had not less than three years of satisfactory experience in 
a sewage treatment plant; or, 
(c) Any combination of education, training, and experience which in the 
opinion of the public health council is the equivalent of either of the above 
qualifications. 
Regulation 50. Qualifications, Grade II. The qualifications for operators 
in Grade II shall be practical experience and special training and education 
in sewage treatment, consisting of: 
(a) Graduation from a high school and completion of a course of instruc- 
tion in sewage treatment approved by the public health council as qualifying 
for this grade, provided that such persons shall have had not less than one 
year of satisfactory experience in a sewage treatment plant; or, 
(b) Completion of a course of instruction in sewage treatment approved by 
the public health council as qualifying for this grade, provided that such 
persons shall have had not less than two years of satisfactory experience 
in a sewage treatment plant; or, 
(c) Any combination of education, training, and experience which in the 
opinion of the public health council is the equivalent of either of the above 
qualifications. 
Regulation 51. Qualifications, Grade III. The qualifications for operators 
in Grade III shall be practical experience and/or special training and educa- 
tion in sewage treatment, consisting of: 
(a) Not less than one year of satisfactory experience in a sewage treat- 
ment plant; or, 
(b) Completion of a course of instruction in sewage treatment approved 
by the public health council as qualifying for this grade, provided that such 
persons shall have had not less than three months of satisfactory experience 
in a sewage treatment plant; or, 
(c) Any combination of education, training, and experience which in the 
opinion of the public health council is the equivalent of either of the above 
qualifications. 
Regulation 52. Submission of evidence of qualifications. Any person may 
submit evidence of his qualifications or any appointing authority may submit 
evidence of the qualifications of any person, to the public health council for 
opinion as to whether or not such person meets the qualifications for operators 
in a specified grade. 
Regulation 53. Authority to waive requirements or to require examinations. 
The public health council may, under special circumstances specified by the 
local appointing authority or by the proposed operator, waive the require- 
ments in any grade as to any proposed appointment, such waiver to be valid 
for such period as may be specified by the public health council but not for 
a period longer than the term of the proposed appointment. The public 
health council may require any person, whose qualifications it is called upon 
to consider, to take such written, oral, or practical examination as it may 
direct. 
Regulation 54 When to take effect. Every regulation in this section shall 
take effect on October 1, 1937. CHAPTER XII 
Maternity Hospitals or Homes 
Regulation 1. Definition. Any hospital or home which is not incorpor- 
ated and which is not a public institution as provided in Section 482, subdivi- 
sion 2 of the Penal Law and into which women not related to the proprietor 
or person in charge by blood or marriage are received to be cared for during 
pregnancy, during parturition, or while recovering from parturition, shall be 
considered a maternity hospital or home. 
Each maternity hospital or home shall have a name, which name shall 
appear on the license form and on all certificates of birth and death 
occurring in the hospital or home. (Added June 28, 1932 and amended 
November 20, 1936 and April 16, 1937.) 
(Adopted January 9, 1917) 
Regulation 2. License and inspection. Each maternity hospital or home 
shall, before the admission of any patient, obtain annually from the state 
commissioner of health a license to conduct and maintain such a hospital or 
home. On and after December 1, 1936, no license for the conduct of a mater- 
nity hospital or home shall be issued to any person unless he or she is a 
physician or midwife licensed to practice in the state of New York, or a 
registered nurse registered in the state of New York, except that this shall 
not apply to proprietors licensed previous to December 1, 1936. On and after 
December 1, 1936, every proprietor of a maternity hospital or home, not a 
physician or midwife licensed in the state of New York, or a registered 
nurse registered in the state of New York, if maintaining an establishment 
with a capacity of four or more beds, shall employ a nurse so registered to 
give full time attention to maternity patients while they are under care in 
such maternity hospital or home. 
No license shall be issued by the state commissioner of health to any 
person to maintain a maternity hospital or home unless the commissioner or 
his duly authorized agent shall have made an inspection of the premises. A 
record of each such inspection shall be made on a form prescribed by the 
state commissioner of health and such record shall be filed in his office.* 
In each maternity hospital or home the license shall be kept posted by 
the licensee in a conspicuous place. 
Each license for a maternity hospital or home shall state the maximum 
number of beds which are provided and reserved for maternity patients 
only and no more maternity patients than that number shall be cared for at 
any one time. The capacity as stated in the license shall not exceed the 
number of beds so reserved. 
Every proprietor of a maternity hospital or home shall maintain a regis- 
ter containing the names and addresses of all maternity patients cared for 
and such other information as may be required by the state commissioner of 
health or by section four hundred eighty-two of the penal law and section 
three hundred three of the state charities law. 
If the maternity service for which such license was issued be discon- 
tinued, or if the license expires or be revoked, such license shall be returned 
immediately to the state department of health, together with all registers. 
(Amended June 27, 1928, amended and renumbered June 28, 1932 and 
amended November 20, 1936.) 
Regulation 3. General requirements. In maternity hospitals or homes 
each patient shall have and occupy a separate bed located in a room 
adequately ventilated and providing at least eighty square feet of floor 
space for each bed. 
In any maternity hospital or home in which there are rooms accommodat- 
ing more than one patient, the beds shall be separated by spaces at least 
* See Penal Law, § 482 and State Charities Law, § 303. 80 
The Sanitary Code 
three feet in width; a separate adequately ventilated room shall be pro- 
vided exclusively for newborn infants, with one crib for each infant. 
In a maternity hospital or home with a capacity of four or more patients, 
a delivery room which shall he used for no other purpose, shall be provided 
and maintained, separate and distinct from the bedrooms and from any 
operating room used for general hospital service. The delivery room shall 
be equipped with running water and furnished with such minimum equip- 
ment as may be prescribed by the state commissioner of health. Except 
with the permission of the state commissioner of health such delivery room 
shall be located on the same floor as that on which the maternity patients 
are cared for. 
Where general hospital service is given, the bedrooms for maternity 
patients and for newborn infants and the delivery rooms shall occupy an 
entire floor, or a separate wing of a floor, reserved exclusively for maternity 
patients, and the floor or wing so reserved shall not be occupied by other 
medical or surgical patients. 
Every floor in a maternity hospital or home shall be adequately equipped 
with fire extinguishers approved by the state commissioner of health, and 
no patient shall be cared for above the first floor Tinless there is adequate 
provision approved by the state commissioner of health for safe exit in an 
emergency, with easy access from patients’ rooms in case of fire.* 
The surfaces of all ceilings, walls and floors and furnishings in delivery 
rooms and in rooms to be occupied by maternity patients or newborn infants 
shall be of washable material and such rooms shall be provided with suit- 
able equipment necessary for the care of mothers and infants. Such rooms 
shall be maintained in a cleanly condition at all times. 
Adequate and sanitary bathing and toilet facilities shall be provided for 
maternity patients and for infants. 
All outside doors, windows and other outside openings shall be screened, 
except during the winter. 
Adequate facilities shall be provided for the sterilization of instruments 
and water, and for the steam sterilization of supplies. 
Each maternity hospital or home shall have at least a minimum of equip- 
ment as prescribed by the state commissioner of health. (Added June 28, 
1932 and amended November 20, 1936.) 
Regulation 4. Standard procedures. No maternity patient shall be cared 
for in the same room with a patient not a maternity case and equipment and 
beds used by maternity patients shall not be used by other persons. 
Except in a temporary emergency, no infant shall be cared for in a 
maternity hospital or home except during the residence of the mother 
therein, without the approval of the state commissioner of health or his 
authorized agent. 
Every patient in a maternity hospital or home shall be attended during 
confinement and supervised during the puerperium by a registered physician 
or a licensed midwife. 
The advantage of breastfeeding shall be explained and emphasized to the 
mother by the physician or midwife in attendance and artificial feeding 
shall not be resorted to except upon a specific written order from a physician. 
It shall be the duty of the attending physician, midwife, nurse or other 
person in attendance on a confinement to drop into both eyes of the infant 
immediately on delivery a one per cent solution of nitrate of silver or some 
other agent equally efficient for preventing ophthalmia neonatorum.t 
Before either mother or infant is taken from the delivery table or bed, 
a means of identification approved by the state commissioner of health shall 
be attached to each newborn infant and such means of identification shall 
not be removed from the infant until discharged from hospital or home. 
All drugs and solutions shall be correctly and distinctly labeled and kept 
in a locked closet when not in use. 
* Sec. 834, Article XVI. Public Health Law. 
t See Chap. II, Reg. 12. Chapter XII 
81 
A chart shall be kept for each maternity patient and for each newborn 
infant, which shall show the history of the case, results of examinations, 
progress of the case and such other data as may be required by the state 
commissioner of health, and on a form approved by him. (Added June 28, 
1932 and amended November 20, 1936.) 
Regulation 5. Communicable disease. No maternity hospital or home 
shall accept for care or treatment any patient, not a maternity patient, suf- 
fering from influenza, erysipelas, or an infected wound or lesion, or from a 
communicable disease required to be isolated by the sanitary code. A ma- 
ternity patient suffering from any such disease may be admitted and cared 
for in a maternity hospital or home if a separate room with adequate isola- 
tion facilities is available and such patient is isolated in such room. 
In the event that a case of such disease develops in any patient in a 
maternity hospital or home, the patient shall be isolated in accordance with 
instructions of the local health officer, and the bed and equipment used for 
such patient suffering from such disease shall not be used for a maternity 
patient until they shall have been disinfected in accordance with the in- 
structions of the health officer, and no other patient shall be admitted to the 
hospital or home until permitted by the health officer. (Added June 28, 1932 
and amended November 20, 1936.) 
Regulation 6. Reports. At the end of each calendar year the licensee of 
an unincorporated maternity hospital or home shall submit to the state 
commissioner of health a report of maternity cases cared for during the 
year and such other data and in such form as may be required by the state 
commissioner of health. (Added November 20, 1936.) 
Regulation 7. Revocation. For failure to comply with any state or local 
law, rule or regulation, or for any cause which the state commissioner of 
health may deem a menace to the health of the patients in the maternity 
hospital or home, any license may be suspended and, after due notice and 
opportunity for hearing has been given, may be revoked. (Added November 
20, 1936.) 
Regulation 8. When to take effect. Every regulation in this chapter, un- 
less otherwise specifically stated, shall take effect on the first day of 
December, 1936. (Added November 20, 1936.) 
Section B1 and Section C* formerly of this chapter repealed, effective 
December 1, 1936. 
1 Section B, Boarding Homes for Children. 
2 Section C, Day Nurseries. CHAPTER XIII* 
Transportation of Dead Bodies 
(Adopted as a separate chapter June 28, 1932) 
Regulation 1. Transportation of dead bodies by common carriers. The 
transportation of dead human bodies by common carriers shall be conducted 
in such manner as not to be a menace to health and shall conform to the 
following requirements: 
(1) A transit permit and transit label issued by the local registrar 
of vital statistics must accompany each dead body transported by a com- 
mon carrier. 
The transit permit shall state the date of issuance, the name, sex, 
race and age of the deceased, and the cause and date of death. The 
transit permit shall also state the date and route of shipment, the point 
of shipment and destination, the method or preparation of the body, and 
shall bear the signature of the undertaker and the signature and official 
title of the officer issuing the permit. 
The transit label shall state the date of issuance, the name of the 
deceased, the place and date of death, the name of the escort or con- 
signee, the point of shipment and destination; and shall bear the signa- 
ture and official title of the officer who issued the transit permit. The 
transit label shall be attached to the outer box or case. 
(2) The transportation by common carriers of bodies dead of any dis- 
eases other than those mentioned in subdivision 3 shall be permitted 
only under the following conditions: 
(a) The coffin or casket shall be encased in a strong outer box 
made of good sound lumber, not less than % of an inch thick. All 
joints shall be securely put together and the box tightly closed. 
Either the coffin or casket, or the outer box or ease, shall be water- 
tight. Every outside case holding any dead body offered for trans- 
portation by common carrier shall bear at least four handles and 
when over 5 feet 6 inches in length, shall bear six handles. 
(b) When the destination cannot be reached within 60 hours after 
death, all body orifices shall be closed with absorbent cotton and the 
body placed at once in a coffin or casket which shall be immediately 
closed and the coffin or casket shall be prepared as indicated in 
subdivision (2-a) of this regulation. 
(3) The transportation by common carrier of bodies dead of smallpox, 
plague, Asiatic cholera, typhus fever, diphtheria (membranous croup, 
diphtheritic sore throat), scarlet fever (scarlet rash, scarlatina), shall 
be permitted only under the following conditions: 
All body orifices shall be closed with absorbent cotton, the body 
shall be enveloped in a sheet saturated with an effective disinfecting 
fluid and shall be placed at once in a coffin which shall be imme- 
diately and permanently closed. The coffin or casket shall be pre- 
pared as indicated in subdivision (2-a) of this regulation. 
(4) No dead bodies shall be disinterred for transportation by common 
carrier, or for removal to another cemetery in the same registration dis- 
trict, or in another district, but not requiring shipment by common car- 
rier, without the previous consent of authorities having jurisdiction at 
the place of disinterment. 
The undertaker shall make a request to disinter the body on a form pro- 
vided for the purpose. This form shall provide for a statement of principal 
facts concerning the decedent, whether body is to be transported by common 
carrier or otherwise, final disposition of same, and approval of health officer. 
Upon receipt of such request the local registrar shall issue a transit permit 
and transit label as required by subdivision (1) and the provisions of subdi- 
vision (2-a) shall apply. (Amended June 28, 1932.) 
Regulation 2. When to take effect. Every regulation in this chapter, 
unless otherwise specifically stated, shall take effect on the first day of 
September, 1932. (Added June 28, 1932.) 
♦ Originally part of former Chap. VII, then entitled Miscellaneous ; and admin- 
istrative rules for transportation of dead bodies. CHAPTER XIV 
Restaurants 
Regulation 1. Definitions, (a) Restaurant. The term restaurant as used 
in this chapter shall mean any hotel, public restaurant, public dining room, 
dining car, drug store, soda fountain, steamboat, or any other establishment 
where food or drink for consumption upon the premises is prepared for sale 
or sold. 
(b) Eating, drinking and cooking utensils. Eating, drinking and cooking 
utensils shall include all kitchenware, tableware, glassware, cutlery, utensils, 
containers, and other equipment with which food or drink comes into contact 
during the storage, preparation, or serving of food or drink, used in the 
restaurants. (Amended June 28, 1939, effective September 1, 1939.) 
(Adopted as a new chapter May 20, 1938) 
Regulation 2. General cleanliness of equipment. All shoAv or display cases 
and windows, counters, shelves, tables, refrigerating cabinets and other equip 
ment used in connection with the operation of a restaurant shall be so con- 
structed as to be easily inspected and cleaned and shall be kept clean and in 
good repair and free from dust, dirt, insects and other contaminating mate- 
rial. All cloths used by waiters, chefs and other employees shall be clean. 
Regulation 3. Cleansing and disinfection of eating, drinking and cooking 
utensils. All eating, drinking and cooking utensils shall be so cleansed and 
disinfected as to be free from bacilli of the coliform group and to have a 
total bacterial count of not more than 100 per utensil as determined by test 
in a laboratory approved for the purpose by the state commissioner of health. 
(Amended June 28, 1939, effective September 1, 1939.) 
Regulation 4. Storage of utensils and equipment. After cleansing and 
disinfection, all eating, drinking and cooking utensils shall be stored in a 
clean place. (Amended June 28, 1939, effective September 1, 1939.) 
Regulation 5. Refrigeration. All perishable food or drink shall be kept at 
or below 50° F., except when being prepared or served. This shall include 
all creamfilled pastries. 
Regulation 6. Health of employees. No persons suffering from a com- 
municable disease transmissible through food or drink, or who resides in a 
household with a case of such disease, or who is known to be a carrier of the 
organisms causing such disease, and no person suffering from a local infec- 
tion transmissible through food shall be employed in any restaurant. 
Regulation 7. Cleanliness of employees. All employees shall wear clean 
outer garments and shall keep their hands clean at all times while on duty 
in a restaurant. 
Regulation 8. Poisonous materials. No article, polish or other substance 
containing any cyanide preparation shall be used for the cleansing or polish- 
ing of eating or cooking utensils. 
Regulation 9. Toilet facilities. Every restaurant shall provide for its em- 
ployees adequate toilet facilities conveniently located, and properly constructed 
and maintained. 
Regulation 10. Lavatory facilities. Every restaurant shall provide for its 
employees adequate and convenient washing facilities, including soap and 
individual sanitary towels. The use of a common towel is prohibited. 
Regulation 11. Water supply. The water supply shall be easily accessible 
to rooms in which food is prepared, shall be adequate and shall be of a safe 
sanitary quality. 
Regulation 12. When to take effect. Every regulation in this chapter, 
unless otherwise specifically stated, shall take effect July 1, 1938. ADMINISTRATIVE RULES AND REGULATIONS 
THE HANDLING OF BODIES OF PERSONS DYING ON COMMON 
CARRIERS 
Promulgated Pursuant to Authority Vested in the State Commissioner of 
Health by Section 375 of Article XX of the Public Health Law 
(Adopted July 5, 1932) 
Rule 1. A special stop may be made by a common carrier for the purpose of 
removing a body, but in any event, it shall be removed at the first regular 
stop where an attendant is on duty and where there are known to be facili- 
ties for handling the corpse. 
Rule 2. A physician accompanying a person who dies on a common carrier 
or a physician who is traveling on the same carrier who is called to give medi- 
cal aid may certify to the cause of death and sign the certificate as the 
physician last in attendance on the deceased. If death occurs without medical 
attendance, the health officer of the district in which the body is removed shall 
be notified and shall certify to the cause of death and sign the certificate pro- 
vided that if the health officer has reason to believe that the death may have 
been due to unlawful act or neglect, he shall refer the ease to the coroner 
or other proper officer of his district for investigation and certification and 
this officer shall make out and sign the medical portion of the certificate of 
death. 
Rule 3. The name of the registration district in which a body is removed 
from a common carrier shall be entered on the certificate of death as the place 
of death. 
Rule 4. Upon receipt of a certificate of death which shall be filed by the 
undertaker engaged, or the person in charge of the body, the registrar of vital 
statistics of the district in which the body has been removed from a common 
carrier, shall issue a burial or transit permit. 
Promulgated Pursuant to Authority Vested in the State Commissioner of 
Health by Section 291 of Article XIV of the Public Health Law 
PRACTICE OF EMBALMING AND UNDERTAKING 
(Adopted April 18, 1933; amended August 17, 1934, June 15, 1936 and March 
1, 1937.) 
Rule I. Tests prescribed by state commissioner of health for signs of 
death. The embalmer or funeral director, before proceeding to embalm, 
remove, cremate or bury the body, shall determine that life is extinct by 
ascertaining that: 
(a) Pulsation has ceased in the radial or other arteries; 
(b) Heart sounds are not heard with the use of a stethoscope or with 
the ear applied directly over the heart; 
(c) Respiratory sounds are not heard over the chest. 
He shall make at least three of the following additional tests to determine 
that life is extinct: 
(a) See that the hand held before a light appears opaque at the 
margins of the fingers. 
(b) See that no moisture gathers upon a cold mirror held over the 
mouth. 
(c) See that no motion occurs in a cup of water resting on the chest. 
(d) See that the pupils do not react to light. 
(e) See that there is rigidity of the muscles which fails to return after 
being broken up. Practice of Embalming and Undertaking 
85 
Rule II. Preliminary Training and Experience—Embalming, (a) A person 
who has served satisfactorily and practically continuously as an employee 
under the immediate direction of a licensed embalmer for a period of not 
less than two years and during such employment has embalmed or assisted 
in the embalming of not less than fifty bodies may be deemed to have 
served an apprenticeship of two years. 
(b) A person who has successfully completed a course of not less than six 
or nine months in a recognized school of embalming, and in addition thereto 
has served a satisfactory apprenticeship of at least eighteen or fifteen months 
respectively, working under the immediate direction of a licensed embalmer, 
such apprenticeship and school training to have included the embalming or 
assisting in embalming of at least fifty bodies of which not less than thirty 
cases must be covered by the apprentice outside of the school course and 
school period, shall be deemed to have acquired both necessary training and 
experience in embalming. 
(bb) On and after May 1, 1938, no apprenticeship for embalming shall be 
accepted unless the service is rendered under the immediate direction of a 
New York State licensed embalmer practicing in the state of New York. This 
shall not apply, however, to apprentices whose applications for registration 
of apprenticeship have been accepted and approved prior to May 1, 1938. 
(Added April 13, 1938.) 
Undertaking, (c) A person who has actually served for a period of not 
less than one year as an employee of a licensed undertaker and in such employ 
has materially assisted in making arrangements for and conducting not less 
than fifty funerals, shall be deemed to have served an apprenticeship of one 
year in undertaking. 
(d) A person who has successfully completed a course of not less than six 
months in a recognized school of embalming including in its curriculum the 
subjects of mortuary jurisprudence and funeral management, and in addi- 
tion thereto has served a satisfactory apprenticeship of at least six months, 
working under the immediate direction of a licensed undertaker, such appren- 
ticeship and school training to have included material assistance in making 
arrangements for and conducting not less than fifty funerals of which not less 
than thirty bodies must be covered by the apprentice outside of the school 
course and school period, shall be deemed to have acquired “necessary training 
and experience in undertaking.” 
(dd) On and after May 1, 1938, no apprenticeship for undertaking shall 
be accepted unless the service is rendered under the immediate direction of 
a New York state licensed undertaker practicing in the state of New York. 
This shall not apply, however, to apprentices whose applications for registra- 
tion of apprenticeship have been accepted and approved prior to May 1, 1938. 
(Added April 13, 1938.) 
Embalming and Undertaking. (e) No credit for apprenticeship will be 
allowed for attendance at a school of undertaking and embalming, unless 
or until the school shall have complied with the following rules and regula- 
tions and a certificate of compliance and approval issued by the commissioner, 
after adequate inspection. 
There must be: 
1 Adequate space and satisfactory arrangement of rooms. 
2 Adequate equipment for student body. 
3 Separate rooms for class instruction and office with sufficient modern 
equipment for instructional purposes for each subject taught. 
4 Adequate records for administration purposes, including student work 
either on the premises of the school or elsewhere. 
5 Adequate operating facilities for practical instruction either on the 
premises or regularly available elsewhere. 
Physical, Properties 86 
Administrative Rules and Regulations 
Faculty 
1 Every school must maintain an experienced staff adequate for the 
efficient presentation of the subjects taught. Each member of the 
faculty shall be competent to teach his assigned subjects and of good 
moral character in the judgment of the state commissioner of health. 
2 The instructor in every subject, except embalming, funeral arrange- 
ment, restorative art or plastic surgery, must be a graduate of a 
standard college or university who has received a degree basically 
related to the subjects assigned to him for instruction. 
3 Instructors now actually engaged in teaching will be considered 
acceptable unless charges of incompetency are preferred against them 
and sustained in the judgment of the commissioner. 
4 No instructor of embalming will be acceptable unless he shall be a 
licensed embalmer and have had full-time experience as an embalmer 
of not less than five years. 
5 No teacher shall instruct classes in or teach more than two major 
subjects. 
6 A satisfactory instructor-student ratio shall be maintained in all classes. 
Teaching 
1 Adequate facilities for teaching pathology, chemistry, bacteriology and 
plastic surgery (restorative art) shall be available. 
2 An adequate number of bodies must be available in each school for 
proper practical embalming instruction. 
3 The following minimum instruction must be included in the curriculum 
of each day course of twenty-four weeks or each night course of 
forty-four weeks. 
Subject 
Per cent of Time 
1 Embalming 30 
(practical and theoretical 
including restorative art) 
2 Anatomy 18 
3 Bacteriology, pathology and hygiene 20 
4 Chemistry 5 
5 Mortuary law, funeral management and ethics. 15 
Students 
1 No apprenticeship credit shall be given to future matriculants for 
attendance at an embalming school until the student has all the pre- 
liminary educational requirements necessary for admission to the 
New York state examination for embalming and undertaking. 
2 Certification of attendance at a school shall not be made by a school 
and accepted by the department in lieu of or credited toward appren- 
ticeship, unless the student attended at least 90 per cent of all classes 
in all required subjects, and satisfactorily passed a school examination 
in each required subject. 
1 Courses shall include a minimum of twentyvfour weeks’ day-time 
instruction of twenty-five hours per week, divided into five days of 
at least five hours of actual instruction; or may consist of night 
instruction for forty-four weeks of fifteen hours per week divided into 
five days of at least three hours of actual instruction. 
2 No apprenticeship credit shall be given for partial courses where the 
student has discontinued during the course, unless the balance of the 
minimum required courses of study are completed in another school. 
3 Entering dates for school courses shall not exceed four in any calendar 
year. Students shall not be admitted to a course after the tenth 
day of school instruction, in that term. 
Courses Practice of Embalming and Undertaking 
87 
Reports 
1 Every school shall report to the bureau of embalming and undertaking 
of the state department of health in writing within fifteen days after 
the beginning of each term the name of each student expressing 
intention to apply for credit for New York state apprenticeship. 
Every school shall inquire from each student to determine this 
information. 
2 Every school shall report in writing to the bureau of embalming and 
undertaking of the state department of health within fifteen days 
after the end of each course, the names of all students enrolled in 
the course who intend to take the New York state licensing examina- 
tion, together with his marks in each subject and his complete 
attendance record for each subject. 
3 The records and operations of every school shall be open to accredited 
representatives of the department. 
Advertising 
Improper or misleading advertisements by schools which tend to deceive 
or mislead or that make false claims may, in the discretion of the com- 
missioner of health, be grounds for the withdrawal of approval for 
apprenticeship credits. 
1 Schools may apply in writing to the state commissioner of health for 
approval for apprenticeship credits, setting forth such data and 
information as he may require, and if within his judgment they meet 
these requirements, he shall issue an approval for the calendar 
year for which the application is made. 
2 Applications for renewal of approval for apprenticeship credits must be 
made on or before December 15 of each calendar year for the follow- 
ing year. 
3 Approvals for apprenticeship credits may be revoked or suspended by the 
state commissioner of health for failure to comply with these rules. 
(These regulations shall become effective on March 1, 1937.) 
Approvals 
Rule III. A license to practice undertaking and embalming may not be 
issued to a candidate who, upon being notified that he has successfully passed 
the required examination, shall fail to pay the prescribed fee therefor within 
one year from the date of such notice. 
Rule IV. A firm, individual, or corporation will be permitted to use an 
undertaker’s sign on his or her place of business only, but will not be pro- 
hibited from advertising both his or her business and residence telephone 
and addresses. 
Rule V. No individual, firm or corporation shall continue to conduct the 
business of undertaking unless the licensed member or licensed manager 
actually is available, and does in fact conduct the business covered by his or 
her license by being actually present and having direct supervision over all 
activities requiring the services of a licensed undertaker. 
Rule V-a. The name of the licensed owner or manager or in case of a 
firm or corporation the name of the licensed partner or member must be 
shown on window signs and in advertisements. 
Rule V-b. After September 1, 1937, the name of a living person not licensed 
to practice undertaking or embalming shall not be used or appear in any 
place or manner, alone, in, as part of, or in connection or together with the 
name of any person, firm, corporation or other form of enterprise engaged in 
embalming or undertaking or maintaining a mortuary, funeral home, or other 
similar establishment and/or using in connection with their name and business, 
the words, funeral director, mortician, undertaker, embalmer or any other 88 
Administrative Rules and Regulations 
title or words of similar meaning and/or import unless in connection with 
such name there shall appear prominently the words, “not licensed” or 
“unlicensed.” This rule shall not be construed as prohibiting, in individual 
instances, the use of a name under conditions and in a manner approved 
or accepted by the department of health prior to such date. 
Rule V-c. After May 1, 1938, the name of the unlicensed person or persons 
wherever used or shown shall not be larger than the name or names of the 
licensed persons, firm or corporate name. The word “not licensed” or 
“unlicensed,” which shall always follow immediately the name of any unli- 
censed person intended to be so described, shall be the same type style and in 
type size at least three-quarters as large of the name of the unlicensed person 
or persons. 
Rule VI. A licensed undertaker filing a death certificate with the registrar 
shall write or type thereon, in the space provided for the purpose, the firm 
name, if any, and in addition shall sign his own name, giving his license 
number. 
Rule VII. When requested by the registrar of vital statistics the under- 
taker shall produce his registration card when applying for a permit. 
Rule VIII. Application for examination for undertakers’ or embalmers’ 
licenses may not be accepted in the department of health at Albany after 
February 1 or August 1, respectively, immediately preceding the date of the 
examination. 
Rule IX. No fluid or compound that contains arsenic, zinc, mercury, copper, 
lead, silver, antimony or chloral or any poisonous alkaloid shall be used for 
the purpose of embalming a dead body. 
Rule X. No person, except the licensed funeral director and/or embalmer in 
direct charge of a case, unless a member of the firm or corporation, a licensed 
employee, or a person actually employed by said licensed funeral director 
and/or licensed embalmer, firm or corporation shall be allowed in an operating 
or preparation room while a body is being prepared or dressed for burial, 
without the consent of the family. 
Rule XI. Every preparation room shall be kept in a sanitary condition and 
free from any accumulation of articles or implements not necessary for the 
preparation of the dead human body. 
Rule XII. Floors and walls of operating or preparation rooms and all 
permanent operating tables, portable couches, cooling boards and transfer 
cases shall be so constructed that they can be kept in a clean and sanitary 
condition. 
Rule XIII. All embalming instruments and receptacles shall be washed 
and disinfected after every operation. 
Rule XIV. All blood and excretions of a dead human body, before final 
disposition, shall be thoroughly disinfected. 
Rule XV. Any room used for the preparation of the dead human body shall 
be adequately ventilated. 
Rule XVI. Misconduct in the meaning of the law, shall be deemed to include 
the following: 
(a) Knowingly aiding or abetting an unlicensed person in transacting, 
practicing or holding himself or herself out as transacting or being entitled 
to transact the business or practice of funeral directing or embalming in this 
state in violation of the law. 
(b) The use of intoxicants or drugs to such a degree as to render the 
licensee unfit to practice funeral directing or embalming. District Laboratory Supply Stations 
89 
(c) Paying, giving or causing to be paid or given, or offering to pay or to 
give to any person a commission or other valuable consideration for the 
solicitation or procurement, either directly or indirectly, of funeral business. 
(d) False or misleading advertising. 
(e) Refusal to promptly surrender the custody of a dead human body upon 
the order of the person lawfully entitled to the custody thereof. 
(f) Fraud, deceit, or gross negligence or incompetence, in the practice of 
funeral directing or embalming. 
Rule XVII. Subdivision 3 of Section 295 of the Public Health Law is 
interpreted to require: 
(a) That a licensed undertaker shall be present and personally supervise 
and arrange for the removal or transfer of each dead human body from the 
place where death occurs or it is released to him by the family or other 
legal authority. 
(b) That a licensed undertaker shall be present and personally supervise 
the conduct of each funeral service. 
(c) That a licensed undertaker shall be present and personally supervise 
the interment, cremation or other disposition. 
In accordance with Section 5, Article II, of the Public Health Law, the 
following rules and regulations have been prescribed by the State Commissioner 
of Health for the maintenance of district laboratory supply stations. 
DISTRICT LABORATORY SUPPLY STATIONS 
(Adopted January 19, 1921; amended February 1, 1924, December 17, 1931, 
and July 21, 1938) 
Rule 1. The custodian of each district supply station shall submit to the 
Division of Laboratories and Research for approval a list of proposed sub- 
stations, if in his judgment any are necessary, with the name, in each instance, 
of the person whom he proposes to place in charge. 
Rule 2. He shall distribute laboratory supplies for the district and con- 
stantly maintain in each substation a sufficient supply of laboratory outfits 
and materials in good condition to meet ordinary demands. 
Rule 3. He shall render a report to the Division of Laboratories and Re- 
search semi-annually on or shortly before the first of January and July, 
showing the quantities of various supplies on hand in each station and 
substation. 
Rule 4. Supplies shall be accessible to physicians at all times. 
Rule 5. Perishable supplies shall be kept in a refrigerator, except that in 
substations maintaining small quantities of supplies, when facilities for refrig- 
eration are not available, such supplies may be kept in a cool, dark place, 
not subject to extremes of heat or cold. Under no conditions should perish- 
able supplies be kept at living room temperature, nor should supplies kept in 
a refrigerator be allowed to freeze. 
Rule 6. Antitoxins, sera, vaccines, and chemical preparations which are 
labeled with a return date shall not be distributed after its expiration. Out- 
dated products shall be returned for exchange semi-annually, January and 
July. 
Rule 7. Tubes containing culture medium shall be inspected frequently and 
all tubes in which medium is dried, liquefied or otherwise deteriorated, 
returned for exchange. 
Rule 8. Laboratory supplies distributed by the state department of health 
shall under no circumstances be sold. 90 
Administrative Rules and Regulations 
Rule 9. Supply stations will furnish state products (subject to stipulated 
restrictions with reference to certain preparations) for use in institutions and 
among residents of the state, and in any emergency among individuals tern 
porarily residing in the state in which their use is likely to conserve life or 
health; the custodian shall, however, assume responsibility for conserving the 
state products from waste through unnecessary or excessive distribution. 
Rule 10. Reports on the use of antitoxins, sera, and vaccines are required 
as specified. A record is to be kept by the custodian of each district station 
of the distribution of antitoxins, sera, vaccines, and chemical products from 
the district station and its substations; such record to include the name and 
address of each physician to whom materials are furnished, the date, the kind, 
the number of packages distributed, units or cc., lot number, number of pack- 
ages returned to supply station and whether or not reports on use of products 
have been received from the physicians. The reports shall be submitted, 
even if no supplies have been distributed, on the first of each month to the 
Division of Laboratories and Research, a copy being sent to the district state 
health officer. 
According to the provisions of section 1262, subdivision 2, of the education law, 
as amended by chapter 741, laws of 1939, osteopathic physicians who have been 
certified by the state board of regents are granted the right to use biological 
products but are not permitted to administer drugs (for example, arsenical and 
bismuth preparations). The regents have interpreted the term biological products 
as follows : “The phrase ‘biological products,’ as used in the law, shall be con- 
strued to Include serums, vaccines, toxins, anti-toxins and glandular or other 
products of living tissues.” These rights are not extended to osteopathic physicians 
not certified. 
Note.—Shipments of supplies from Albany will be made by mail or express, 
C.O.D.; those returned for exchange or otherwise should be sent prepaid by mail 
or express. A special form is provided to be used both for semiannual reports 
and for requisitions for supplies. These forms should be used for all requisitions. 
In emergencies, orders may be telephoned or telegraphed, but in each instance 
should be followed by a written order marked “confirmatory.” 
Promulgated Pursuant to Authority Vested in the State Commissioner of 
Health by Section 180 of Article VIH-a of the Public Health Law 
PRACTICE OF MIDWIFERY 
Rule 1. Midwife to sign the pledge. Whenever a license is issued to a 
woman to practice as a midwife she shall be given a copy of the vital sta- 
tistics law, article 8-A of the public health law, and the special rules and 
regulations of the state department of health relating to midwives and the 
practice of midwifery, and she shall pledge herself to carry out said provisions 
and shall sign a pledge on a specially prepared blank. The license shall be 
returned by the midwife to the state department of health at the close of 
the current calendar year, or at any time during said calendar year when 
the midwife may remove outside the jurisdiction of article 8-A of the public 
health law. The midwife shall inform the state department of health 
immediately of any change in her address. 
(As amended August 30, 1934) 
Rule 2. Midwife to attend only normal cases. A midwife shall attend 
only cases of normal labor in which there is an uncomplicated vertex (head) 
presentation. In all other cases a physician must be called. 
Rule 3. Midwife’s home to be open for inspection. The home of the mid- 
wife, her equipment, record of cases, and register of birth shall at all times 
be open to inspection to the authorized officers, inspectors and agents of the 
state and local health departments. 
Rule 4. Midwife to be clean. Each midwife must be scrupulously clean in 
every way, including her person, clothing, equipment and house. She must 
not wear rings or bracelets when attending a case of labor. She must keep 
her nails short, smooth and clean and the skin of her hands, as far as pos- 
sible, free from cracks and abrasions by the use of some simple application. Practice of Midwifery 
91 
When attending a case of labor she must wear a clean dress, of washable 
material which can be boiled, such as linen or cotton, and over it a clean 
freshly laundered apron or coverall. The sleeves of the dress must be so made 
that they can be readily rolled up above the elbows. 
Rule 5. Cases to be referred to physicians. If, during pregnancy, any of 
the following conditions develop, or are suspected, the midwife shall not 
engage to attend the case, but must refer it to a physician. 
1 Whenever the patient is a dwarf or is deformed 
2 Whenever there is sudden sharp pain in abdomen 
3 Whenever there is bleeding, or repeated staining in small amounts 
4 Whenever there is swelling or puffiness of the face, hands or feet 
5 Whenever there is excessive vomiting 
6 Whenever there is excessive shortness of breath 
7 Whenever there is persistent headache 
8 Whenever there is dimness of vision 
9 Whenever there is loss of consciousness, fainting, fits, or convulsions 
10 Whenever there is heart or kidney disease 
11 Whenever there is persistent cough with loss of weight 
12 Whenever there is a purulent discharge from any part of the body 
13 Whenever there are sores or warts on the genitals 
14 Whenever there is communicable disease 
15 Whenever there is any case known to have syphilis, or suspected of it. 
Rule 6. Midwife’s equipment. Every midwife must take to each case the 
following equipment: 
Nail brush* 
Wooden nail cleaner* 
Bottle of liquid soap* 
Freshly laundered gown or coverall apron* 
Clean cap or square which will cover hair* 
Tube of white vaseline* 
Lysol* 
Silver nitrate* (Furnished free of charge. Obtained from local labora- 
tory supply station) 
Blunt scissors for cutting cord* 
Sterile umbilical dressings* (Individual packages) 
Narrow tape or soft twine for tying cord* 
Sterile absorbent cotton* (In *4 pound package) 
Clinical thermometer 
Agate or glass douche reservoir 
Two rounded vaginal douche nozzles (Not to be used except upon physi- 
cian’s order) 
Two rectal nozzles, large and small 
One soft rubber catheter. 
Rule 7. Container for equipment; how to be kept. The equipment specified 
in rule 6 must be carried in a suitable bag fitted with a lining of washable 
material which can be easily removed. As this lining must be washed and 
boiled before each case of labor a sufficient supply of linings must be pro- 
vided. The bag and its contents must at all times be kept neat and clean. 
The douche nozzles for rectal and vaginal use must be kept separately. 
At every case, before using the nail brush, nail cleaner, douche reservoir 
and tubing, vaginal nozzle, catheter, scissors and tape or twine, they must be 
boiled for five minutes; hard rubber nozzles should be thoroughly cleansed 
with hot water and soap and put in lysol solution for 15 minutes before 
using; when the labor is terminated, the douche reservoir and tubing, vaginal 
nozzles, catheter, scissors, nail brush, nail cleaner, must be washed with soap 
and water and boiled before replacing them in the bag. 
• Minimum equipment. 92 
Administrative Rules and Regulations 
Rule 8. Preparation for internal examination. Before making an internal 
examination or conducting a delivery, a midwife must prepare her hands and 
the patient as follows: 
The midwife, after thoroughly washing her hands and arms with warm 
water and soap, must thoroughly wash the lower part of the patient’s abdomen, 
the inner surface of the thighs and the external genitals, always sponging 
from above down with warm water and soap, then rinse them with clean water 
and a disinfecting solution, prepared by adding one teaspoonful of lysol to one 
quart of water. She must then cover the genitals with a clean towel or 
cloth or cotton which has been soaked in the disinfecting solution, and she 
must allow it to remain there until the examination is made. The midwife’s 
hands must be cleansed and disinfected as follows: 
Cut the finger nails with clippers or scissors. Scrub the hands and fore- 
arms, including elbows, with the nail brush and liquid soap and warm water 
for five minutes, paying special attention to the nails and to the inner sur- 
face of the fingers. Then soak the hands and arms for three minutes in the 
disinfecting solution. After having cleansed and disinfected the hands in this 
way they must not come in contact with anything before touching the parts 
of the patient to be examined. Before delivery make as few vaginal exam- 
inations as possible and none after delivery. 
No vaginal douche should be given at any time except by physician’s order. 
Rule 9. Midwife not to leave patient. A midwife in charge of a case of 
labor must not leave the patient without giving an address at which she may 
be found without delay, and after the beginning of the second stage she 
must stay with the patient until the birth is completed, and must stay for at 
least an hour after the expulsion of the afterbirth. Before leaving the 
patient examine her for excessive bleeding. Where a physician has been sent 
for because the case is abnormal or complicated, the midwife must await his 
arrival and be ready to carry out his instructions. 
Rule 10. Physician is to be summoned during labor. If, during labor, any 
of the following conditions exist or develop, a physician must be summoned 
immediately: 
(a) The presenting part is other than an uncomplicated vertex (head) 
(b) Intense headache, dimness of vision, fits or convulsions 
(c) Excessive bleeding before, during, or after labor 
(d) Prolapse of the cord 
(e) A swelling or tumor that obstructs the birth of the child 
(f) Signs of exhaustion or collapse of the mother 
(g) Unduly prolonged labor 
(h) When fetal heart has been heard and ceases to be heard 
(i) When fetal heart cannot be heard or fetal movements felt 
(j) When there is severe abdominal pain other than labor pains. 
Rule 11. In cases of convulsion or bleeding, physician to be summoned. If 
the mother develops convulsions or has excessive bleeding or has been lacer- 
ated, a physician must be called in attendance at once. 
Rule 12. Midwife to examine afterbirth. A midwife must, in all cases, 
examine the afterbirth (placenta and membranes) before it is destroyed and 
must satisfy herself that all of it has been expelled. 
Rule 13. Physician to be called if afterbirth is not expelled. Under no 
circumstances shall a midwife introduce her hand into the vagina or uterus 
to remove either the whole or parts of the afterbirth (placenta and mem- 
branes) or pull on the cord. If, after an hour from the birth of the child, 
the afterbirth (placenta and membranes) is not expelled or cannot be expelled 
by gentle manipulation of the uterus through the abdominal walls, a physician 
must be called to extract it. 
Rule 14. Procedure after delivery. After the labor is over the midwife 
must clean the skin around the external genitals with the antiseptic solution 
mentioned in rule 8 and then place a dry sterile pad over the vulva. The Practice of Midwifery 
93 
midwife must bathe and dress the patient in this manner at least once daily 
for seven days after delivery, and also after each time that it is necessary to 
use a catheter. After the birth is complete the midwife must not make vaginal 
examinations. If the patient has not urinated for 12 hours and the bladder 
is full, before using the catheter try placing hot wet compresses over the 
bladder and pouring warm antiseptic solution over the vulva. Give the 
patient water to drink. If this fails and it is necessary to catheterize the 
patient, the catheter must be boiled for five minutes and the midwife, after 
washing her hands (rule 8) and before passing the boiled catheter, should 
separate the upper part of the vulva and wash the opening to the bladder by 
pouring the disinfecting solution over it from a cup or small pitcher that has 
been previously boiled. 
Rule 15. Soiled articles to be removed after labor. After the labor is over 
and before washing the baby, the midwife should remove the soiled sheets, 
together with all soiled pads, newspapers, etc., that have been used to pro- 
tect the mattress, leaving the patient on a smooth, dry, clean sheet. 
Rule 16. Stillbirths. Should the child not breathe after birth, the mid- 
wife must report the fact at once by telephone, messenger or in person, to the 
local health officer, when an inspector will visit the case and countersign the 
stillbirth certificate which the midwife must leave at the house. 
The body of the child must not be removed from the premises until this 
certificate has been approved by the inspector from the local health officer 
and a burial or removal permit received from the registrar. 
Rule 17. Use of silver nitrate. As soon as the child is born, and if pos- 
sible before the expulsion of the afterbirth, the eyelids should be washed 
with water which has been boiled and cooled, using a separate soft linen 
cloth or clean absorbent cotton for each eye. Wipe the lids from the nose 
outward, without opening the lids. The eyelids must then be separated and 
held open and two drops of a one per cent (1%) solution of silver nitrate 
dropped into each eye and the lids brought together. Be sure the silver 
nitrate is inside the lids. One application only of the silver nitrate solution 
should be used, and ordinarily no further attention should be given the eyes 
for several hours. The silver nitrate solution will be furnished free by the 
local laboratory supply station. 
Rule 18. Reports of cases of sore eyes. When the infant has or develops 
sore eyes, or any redness, inflammation or discharge from the eyes, the mid- 
wife in attendance must at once call a physician and must report to the 
local health officer the name and address of the mother, and state the time 
when such condition of the eyes was first noticed. 
Rule 19. Care of the newborn child. Before beginning care of child, have 
everything necessary for its care in readiness in a well warmed room. A 
newly born infant must be covered at once and kept warm, therefore have ready 
to receive it a small, clean, woolen blanket or piece of flannel. 
1 As soon as the head is born wipe the mucus from the eyes, using a 
separate clean piece of cloth or cotton for each eye. Wipe away from the nose. 
2 In order that respiration be properly established, remove mucus from the 
throat by position and from the mouth of the infant by gently wiping with 
a piece of wet sterile cotton. 
3 If the child does not cry promptly after birth, stimulate respiration by 
proper gentle methods. Do not use force. It does no good and does do harm. 
4 With thoroughly cleaned hands tie the cord with the boiled tape or twine 
(rule 7) after pulsations have ceased. Tie cord carefully. Cover cord with 
sterile dressing. Keep navel covered with sterile dressing until it is healed. 
5 If the baby’s breasts are swollen do not treat them in any way. If 
inflamed send for a physician. 
6 Use silver nitrate solution in the eyes, as described in rule 17. 
7 Examine child carefully for any deformity or malformation or injury. 
If any are found send for a physician at once. 94 
Administrative Rules and Regulations 
8 Do not give infant a tub bath until the navel is healed. The first bath 
should be given with either liquid albolene or olive oil, paying particular atten- 
tion to the folds and creases of the body. Wipe dry with a soft clean cloth. 
9 Dress infant in simple, clean, warm clothes. Wrap in blanket and keep 
warm. Do not cover face of child. 
10 Instruct and encourage every mother to nurse her child, thereby lessen- 
ing infant mortality. 
11 Make careful examination of child before leaving case to see if there is 
bleeding from cord and the baby in good condition. 
Rule 20. Care of patient after labor. After labor, and throughout the 
lying-in period, the midwife must exercise the same care in washing the hands 
and in dressing or catheterizing the patient as before and during labor. 
Rule 21. Physician to be summoned during lying-in period. If, during the 
lying-in period, any of the following conditions develop, a physician must be 
summoned: 
1 When there are convulsions, persistent headache or dimness of vision 
2 When there is excessive bleeding 
3 When there is foul smelling discharge (lochia) 
4 When there is persistent rise of temperature to 100 degrees F. for twenty- 
four hours 
5 When there is swelling and redness of the breasts or soreness of nipples 
6 When there is a severe chill (rigor) with rise of temperature 
7 When there is inability to nurse the child. 
Rule 22. Physician to be summoned if child develops certain conditions. 
Every child should be thoroughly examined after birth and if the child has 
or develops any of the following conditions a physician must be summoned: 
1 When there is any deformity or malformation or injury 
2 When there is inability to suckle or nurse 
3 When there is inflammation around, or discharge from the navel or 
breasts 
4 When there is swelling and redness of the eyelids with a discharge of 
matter from the eyes 
5 When there is bleeding from the mouth, navel or bowels 
6 When there is any rash, sores or snuffles—suggestive of syphilis. 
Rule 23. Midwife to attend cases seven days after labor. The midwife 
shall visit her patient at least once daily for seven days after labor, giving 
the necessary attention to the toilet and bed of both mother and infant. She 
shall record the pulse and temperature of the mother at each visit and give 
proper directions as to food of mother and nursing of the child during the 
periods between her visits; she shall give instructions how to keep the air in 
the patient’s room fresh ; she shall arrange to have the baby sleep in a basket 
or crib, instead of in the bed with the mother; she shall watch constantly 
for any symptoms of the complications or abnormalities described in rules o, 
21 and 22. 
She shall give to the child its daily bath and attend to the dressing of the 
cord. 
Rule 24. Disinfection of midwife’s equipment, etc., after infectious disease. 
Whenever a midwife has been in attendance upon a patient in contact with 
any person suffering from puerperal fever or from any other conditions known 
or believed to be infectious, she must disinfect herself, her clothing and all 
the contents of her bag and other appliances before going to any other 
maternity patient. In order to disinfect her person a midwife must take a 
hot bath and must wash her hair. She must disinfect her hands as in rule 8. 
She must make an entire change of clothing and have all garments she wore 
while in attendance upon the infected person washed and boiled. Those gar- 
ments which cannot be washed should be well and repeatedly shaken during 
the course of two days, and hung out in the open air so that they may be 
exposed to the rays of the sun. Storage op X-ray Films in Hospitals 
95 
Care should be taken to change their exposure frequently so as to insure 
the sunlight reaching every part. 
Should the midwife herself contract a local infection, such as a sore on her 
hands or an abscess or boil, or a communicable disease, such as diphtheria, 
scarlet fever, typhoid fever, erysipelas, etc., she shall not attend cases of con- 
finement or visit her patients until she has entirely recovered and disinfected 
herself, her clothing, and all the contents of her bag and other appliances 
according to rules 4 and 7 and has received a certificate from the local health 
officer. 
After any case of communicable disease the house must be thoroughly 
cleansed and the floor and surface of midwife’s bedroom scrubbed with soap 
and water. Bedding must be washed and boiled. Carpets, hangings and other 
articles which cannot be boiled must be sunned and aired. 
Rule 25. Report of births. Within five days of the birth of the child, the 
midwife must file a complete and correct birth certificate with the local 
registrar of vital statistics of the registration district (town, village or city) 
in which the birth occurred. It is not sufficient to mail a certificate on the 
fifth day; it must reach the registrar in correct form within five J5) days. 
STORAGE OF NITRO-CELLULOSE X-RAY FILMS IN HOSPITALS AND 
OTHER INSTITUTIONS 
Promulgated Pursuant to Authority Vested in the State Commissioner of 
Health by Regulation 2 of Chapter IX of the Sanitary Code 
(Adopted October 10, 1929) 
Rule 1. Under no circumstances shall any film be stored in a basement. 
Rule 2. Unless another method of storage provided herein is used, twenty- 
five pounds of film or less shall be stored in a box or cabinet insulated with 
non-combustihle material, such box or cabinet to be located preferably on 
the upper floor. 
Rule 3. Unless such film is stored in a vault as provided herein, film in 
excess of twenty-five pounds but less than four hundred pounds shall be 
stored in self-closing cabinets insulated with non-combustible material not over 
two hundred pounds to each cabinet, such cabinets to be vented to the outside 
air, the diameter of the vent to be not less than 1 square inch throughout its 
length for each cubic foot of cabinet space, the vent to open above the roof 
line and the opening to be at least twenty-five feet in a horizontal direction 
from any door or window in the same building or in another building unless 
such door or window is situated below the level of the vent opening. 
Rule 4. Film in amounts of more than four hundred pounds shall be stored 
in a separate vault, such vault to he located either on the roof of the building 
or at least 75 feet distant from any other building in which there is or may 
be human occupancy. The walls, partitions, floor and ceiling of such vault 
shall be of non-combustible material, the walls to be continuous from floor to 
ceiling and securely anchored; for this purpose the following constructions are 
approved: 
1 Reinforced concrete 
2 Metal lath with solid cement plaster not less than two and one-half 
inches thick 
3 Three-quarters of an inch of cement or gypsum plaster on metal lath on 
each side of studs 
4 Brick 
5 Tile 
6 Hollow concrete block 
plastered to a thickness of one-fourth inch 
Such vault shall be vented to the outside air, the diameter of the vent to 
be not less than 1 square inch for each cubic foot of vault capacity, the 
opening of the vent to be above the roof line of the vault, and if such vault 
is located on the roof of the building the opening of the vent shall be at least 96 
Administrative Rules and Regulations 
25 feet in a horizontal direction from any door or window in the same build- 
ing or in another building unless such door or window is below the level of 
the vent opening. 
Such vault shall be equipped with a self-closing door which when closed 
shall be tight enough to prevent the passage of flame around the edges. 
Rule 5. In a room where films are stored there shall be no method of heat- 
ing other than steam or hot water. Film storage cabinets shall not be placed 
near radiators or pipes and radiators shall be protected by screening at least 
two feet from the radiator and of such form that a horizontal surface is not 
presented. 
Rule 6. Only incandescent electric lights shall be permitted in a room in 
which film is stored. Such lights shall be protected with vapor proof globes. 
The use of portable lights on extension cords is prohibited. 
Rule 7. Smoking shall be prohibited in all rooms where film is stored and 
“No Smoking” signs shall be posted conspicuously. The principal adminis- 
trative officer shall exercise due diligence to secure compliance with this 
regulation. 
Rule 8. The door to an outside storage vault shall be self-locking, opening 
from the outside only by means of a key, and a conspicuous warning sign 
calling attention to the inflammable and explosive character of the contents 
of the vault shall be posted thereon. 
NEW YORK STATE RECONSTRUCTION HOME, WEST HAVERSTRAW, 
N. Y. 
ADMISSION OF PATIENTS 
Promulgated Pursuant to Authority Vested in the State Commissioner of 
Health by Section 352, Article XIX of the Public Health Law 
(Adopted January 1, 1932) 
Rule 1. Eligibility for admission. Only persons under twenty-one years 
of age, not blind, deaf mutes, insane or mental defectives, and who are suffer- 
ing from remediable orthopedic defects or disorders, shall be deemed to be 
eligible for admission, subject to the further conditions herein prescribed. 
Any patient having an intelligence quotient below 70 upon application of the 
Binet-Simon test, or its equivalent, shall be deemed to be ineligible. A 
patient shall not be considered eligible for admission if he is suffering from 
any communicable disease which, in the opinion of the surgeon-in-chief, is 
likely to be a source of danger to others, or the carrier of the germs of such 
a disease; unless he has been successfully vaccinated against smallpox within 
three years; or, if under fifteen years of age, unless he has been actively 
immunized against diphtheria or has been determined by means of the Schick 
test to be immune. 
Rule 2, Guarantee of expense. Adequate guarantee of payment of the cost 
of hospitalization, as determined by the institutional authorities, shall be 
required in each instance before admission of any patient. If payment is 
to be made from public funds, an order issued by a judge of a children’s court 
shall be required before admission. 
Rule 3. Application and admission, (a) Applications shall be made upon 
forms provided for the purpose and obtainable upon request from the recon- 
struction home, from the offices of the state department of health in Albany, 
or New York city, from any district state health officer, or from such 
additional distributing centers as the superintendent may determine to be 
desirable. 
(b) The application, in each instance, properly filled out and containing 
the required information, shall be signed by the person legally responsible 
for the care and support of the patient, or by the children’s court judge 
contemplating issuance of an order, and returned to the superintendent, 
together with the reports or certificates, if any, of physicians or others 
bearing upon the physical and mental condition of the patient. New York State Reconstruction Home 
97 
(c) If further examination or investigation is required, the superintendent 
will cause the person who signed the application to be so advised and, when 
deemed necessary, may designate the physician or other person to make 
such further examination or investigation. When he is satisfied that the 
case is suitable he will admit the patient, if or when an available vacancy 
exists; or, if the application was signed by a children’s court judge, he will 
notify the signatory in order that an appropriate order may be issued before 
the patient is admitted. 
Rule 4. Expenses prior to admission. Except when specifically authorized 
by the state commissioner of health or his authorized representative, or 
when included in an order of a children’s court judge approved by the com- 
missioner of health, expenses incurred previous to admission for the purpose 
of complying with requirements for admission, other than authorized expenses 
incurred by state employees in line of duty, shall not be a charge upon the 
state. 
Rule 5. Emergencies. The superintendent shall have authority to waive 
any of the prescribed requirements for admission, other than those relating 
to financial responsibility, when in his judgment an emergency exists requir- 
ing immediate admission of a patient. Upon waiving any such requirements 
he shall immediately cause a report of the facts and the reasons for such 
waiver to be made to the state department of health. 
Rule 6. Vacancies, The superintendent shall have authority to maintain 
such a number of vacancies as in his judgment will make adequate provision 
for immediate admission of possible emergency cases. 
Rule 7. Reports to department of health. The superintendent shall 
immediately report each admission to the state department of health, such 
report to include the name, age and home address of the patient, a descrip- 
tion of his physical condition, with such additional information as may be 
required. 
Rule 8. Priority of admissions. Preference in admission shall be given 
to those cases most in need of the type of service the institution can provide; 
otherwise, so far as practicable, distribution or admissions shall be equitable, 
on the basis of population of the various counties. 
Rule 9. Charge for maintenance. The superintendent shall from time to 
time determine what shall be the daily or weekly maintenance rate per 
patient, and when such rate has been approved by the state commissioner 
of health, it shall be the basis of all charges for care and maintenance. 
Rule 10. Payment of maintenance charges. The superintendent shall 
render bills at suitable intervals and a final bill immediately on discharge 
of the patient, to the person in each instance who guaranteed payment, or, 
if the patient was admitted on the order of a children’s court judge, to the 
proper fiscal officer of the county or municipality indicated. The superin- 
tendent, at the time of rendering bills, shall report to the state department 
of health the name of the patient, the amount charged and the period which 
such charge covers. 
Rule 11. Discharges. Authority to determine when such patient shall be 
discharged shall rest with the surgeon-in-chief. The superintendent shall 
notify the state department of health of each discharge, so far as prac- 
ticable a week in advance, indicating in each instance the name of the patient, 
his physical condition and the reason for discharge. The state department 
of health, upon request of the superintendent will, if practicable, make 
necessary arrangements for transfer of the patient to the place to which he 
is to be removed. 
Rule 12. Supervision after discharge. The state department of health 
will, wherever necessary and practicable, provide suitable supervision of 
patients after discharge and at appropriate intervals will report to the 
surgeon-in-chief the condition of such discharged patients. 98 
Administrative Rules and Regulations 
Promulgated Pursuant to Authority Vested in the State Commissioner of 
Health by Section 19-a of the Public Health Law and Sections 1206, 
1211 and 1212 of the Education Law 
STATE AID, PHYSICALLY HANDICAPPED CHILDREN 
(Adopted May 26, 1933 and June 1, 1933) 
Rule 1. An order issued for an operative case must include the amounts 
to be expended under such order for surgical operation or operations, follow-up 
service and hospital expenses, and also the name of the hospital where the 
operation is to be performed and of the surgeon who is to perform the 
operation. 
Rule 2, The hospital where the operation is to be performed must have an 
adequate number of registered nurses on duty who have had approved training 
and experience in orthopedic work. 
Rule 3. A hospital furnishing operative service or convalescent care, or 
both, must house the patients in a fireproof building or in a building with 
adequate provision for fire protection as determined by the department of 
social welfare of the state of New York. 
Rule 4, A hospital caring for convalescent cases must provide the special 
facilities necessary for convalescent care; a separate ward for children under 
sixteen years of age, the necessary equipment and a staff qualified to provide 
adequate care and treatment. 
Rule 5. Hospitals which offer convalescent care for crippled children must 
supply suitably supervised recreational facilities and adeqhate educational 
advantages. The educational work must be approved by the state education 
department. 
Operative Cases 
Rule 6. Must provide adequate medical services including the services of a 
qualified orthopedic surgeon. 
Rule 7. Must have an adequate number of registered nurses on duty who 
have had approved training and experience in orthopedic work. 
Rule 8. A reconstruction home or a hospital furnishing operative service 
or convalescent care, or both, must house the patients in a fireproof building 
or in a building with adequate provision for fire protection as determined by 
the department of social welfare of the state of New York. 
Rule 9. Must have separate wards for children under sixteen years of age. 
Rule 10. Must have an adequate equipment for adequate care and treat- 
ment and a staff qualified to give it. 
Rule 11. Must have equipment and staff necessary to provide adequate edu- 
cational services for the children. The educational program must meet the 
approval of the state education department. 
Rule 12. Must have suitably supervised recreational facilities. 
Reconstruction Homes and Hospitals 
Compliance with Rules of State Board of Social Welfare and State 
Department of Health 
Rule 13, The commissioner of health will not approve orders issued by 
the judges of the children’s court for the physical care of crippled children 
for the purpose of reimbursement by the state: (a) unless the hospital, 
reconstruction home or other institution named in the order be certified by 
the commissioner of social welfare as complying with the rules established 
by the state board of social welfare applicable thereto; and (b) unless the 
hospital, reconstruction home or institution named in the order has previously 
been inspected by the commissioner of health or his representative and listed 
as complying with the standards for such institutions set forth in these 
regulations. The Sanitation op Oyster Houses and Oyster Boats 
99 
Rule 14. On and after June 1, 1933 no approval of state aid will be given 
for services rendered prior to the date of the order of the court. 
Rule 15. On and after June 1, 1933 the commissioner of health will 
approve state aid for convalescent hospital and rehabilitation care of handi- 
capped children up to the maximum amount of $3.00 per day; operative cases 
or those who may require special care following operation will be approved 
at the rate of $4.50 per day for hospital care for a period not to exceed three 
weeks. No exceptions will be made unless in special instances prior approval 
has been secured from the commissioner of health. 
Rule 16. On and after June 1, 1933 in order to facilitate the payment of 
accounts it is requested that all bills rendered for services authorized under 
an order of a judge of the children’s court be referred to the division of 
orthopedics of the state department of health for audit before forwarding 
to the proper local officials responsible for payment. 
Approval of Court Orders 
THE SANITATION OF OYSTER HOUSES AND OYSTER BOATS* 
Promulgated Pursuant to Authority Vested in the State Commissioner of 
Health by Section 317 of the Conservation Law 
(Adopted August 10, 1925) 
Rule 1. All boats, storehouses and other buildings in which oysters, clams, 
or other shellfish are taken, received, stored, culled, shucked or otherwise 
handled shall be kept at all times in a clean and sanitary condition as herein- 
after provided. All such storehouses and other buildings shall be adequately 
lighted and ventilated. 
Boats 
Rule 2. The decks of boats upon which oysters, clams or other shellfish 
are carried shall be kept clean. 
Rule 3. Each boat used in the handling of oysters, clams or other shellfish 
on which men work continuously for two hours or more shall be provided with 
a tight covered receptacle for the excreta both solid and liquid of persons on 
the boat. The contents of such receptacles shall be disposed of in such a man- 
ner as to cause no nuisance, either by incineration, by emptying into some 
satisfactory sewage disposal system, or by burial in the sand at some remote 
place at least 200 feet from any house, road, well, stream, lake, pond, bay, 
cove, lagoon or other body of water whether salt or fresh and covered with 
not less than six inches of earth in such a manner that it may not flow or be 
washed by rain or melted snow or other means over the surface of the ground 
or into any well, stream or body of water. 
It shall be the duty of the man in charge of each boat to see that said 
receptacles are properly used and that there is no discharge of excreta into 
waters bearing shellfish. 
Each receptacle shall be thoroughly cleaned and disinfected after emptying 
and a quantity of a standard disinfectant allowed to remain in it before it is 
replaced. 
Buildings 
Rule 4. Adequate toilet facilities shall be provided for the employees in 
buildings in which oysters, clams, or other shellfish are received, stored, culled, 
shucked, or otherwise handled. If waterclosets are provided they shall be 
located in a separate compartment not connected directly with any room in 
which oysters are opened or shucked and the compartment shall be provided 
with ventilation directly with the outside air by means of a window at least 
1 foot by 3 feet between stop beads and so made as to be readily opened. 
• Copy may be obtained upon request to the Superintendent of Marine Fisheries, 
State Office Building, 80 Centre Street. New York City. 100 
Administrative Rules and Regulations 
The door or doors of the watercloset compartment shall be self-closing. All 
watercloset compartments and all watercloset fixtures shall be maintained in 
a clean and sanitary condition and in good repair. 
The waste from such waterclosets shall be properly disposed of into a sewer 
system connected with an approved disposal plant or into a leaching cesspool 
of approved construction located not less than 50 feet back from the high 
water mark of the nearest stream or body of water. Cesspools shall not be 
provided with overflow pipes nor shall they be permitted to overflow on the 
surface of the ground. 
If privies are provided they shall be located not less than 50 feet from any 
building and not less than 50 feet back from the high water mark of the 
nearest stream or body of water. All privies shall be of tight construction, 
have self-closing doors, and the seats shall be provided with self-closing covers. 
Before the contents of any privy vault shall fill said vault to within 18 inches 
of the surface of the ground, said contents shall be either removed and dis- 
posed of in the same manner as required in regulation 3 or the vault shall 
be filled with soil and the location of the privy changed. The superstructure 
of such privies shall be kept in good repair and in a clean and sanitary 
condition. 
Where the location is such as to require toilet facilities close to a natural 
body of water, tight covered receptacles may be provided such as prescribed 
for boats in regulation 3. Such receptacles are to be emptied, cleaned, and 
disinfected as required in said regulation. Separate compartments shall be 
provided for such receptacles as required for waterclosets in this regulation. 
Rule 5. Adequate facilities shall be provided for all employees handling 
oysters to wash their hands. There shall be a sink or wash basin with running 
hot water, soap and individual cloth or paper towels for the use of the 
workers, conveniently located with respect to, but not in the toilet room. The 
location shall be such that the workers may be under observation while wash- 
ing. Each worker shall be required to wash his or her hands thoroughly 
before commencing work and before resuming work after each interruption of 
work for any cause. 
Rule 6. All rooms in which oysters are opened or shucked shall be used 
for that purpose alone. No culling or other operations shall be conducted 
there nor shall any person sleep or lounge in such rooms. 
Rule 7. All rooms in which oysters are shucked shall have smooth water- 
tight floors which shall be washed at least daily when in use. All walls and 
ceilings of such rooms shall be of material that can be readily washed and 
shall be kept clean at all times when said rooms are in use. 
Rule 8. All benches upon which oysters are opened or shucked shall be 
of smooth, hard, impervious, and non-absorbent material which can be readily 
washed and shall be kept in a clean and sanitary condition at all times when 
in use. Said benches, if located or placed against a wall or walls, shall be 
provided with a back or backs, of monolithic construction or with tight joints, 
extending at least 18 inches above the benches. The surface of all benches 
and backs shall be thoroughly cleaned and scalded wnth hot water or steam 
after each day’s work. 
The placing of shelves, boxes, lockers, hooks, nails or other devices for 
storing clothing or other things above the shucking benches is prohibited. 
Rule 9. Suitable containers conveniently located to the benches shall be 
provided for waste materials and shells. Said containers shall be kept in a 
sanitary condition at all times. No waste materials nor rubbish shall be 
permitted to accumulate in the shucking rooms. 
Rule 10. Adequate facilities shall be provided for cleaning and sterilizing 
all containers, utensils and implements used to open, handle or hold shucked 
oysters. There shall be an abundant supply of cold water and either hot 
water at 200° F. or steam all under pressure. All utensils and containers 
used to hold shucked oysters, as well as knives and other implements with 
which oysters are handled, shall be thoroughly cleansed and then scalded with 
hot water or steam at least after each day’s work. Premarital Examinations for Syphilis 
101 
Rule 11. Shucked oysters shall be washed only in fresh water of sufficient 
purity to pass the treasury department standard* for drinking water. All 
dippers, tubs, skimmers, buckets, paddles, blowers, tanks, and other devices 
shall be of such material and construction that they can be readily cleansed. 
All washing or blowing devices shall be provided with means for catching the 
refuse from the oysters in order to keep refuse from further contact with the 
oysters. All devices for washing shucked oysters shall be thoroughly cleaned 
of accumulated refuse from the oysters between washings. Water for wash- 
ing shucked oysters shall be taken directly from the pipe and shall not be 
dipped from tubs or other containers and shall not be reused for washing. 
Rule 12. All containers in which shucked oysters are packed for shipment 
or storage shall be thoroughly cleaned with hot water or steam. 
Rule 13. Shucked oysters shall be placed in their containers and iced in 
such a manner that neither the ice nor the water produced by its melting shall 
come in contact with the oysters. 
Rule 14. Persons engaged in shucking oysters shall wear clean outer cloth- 
ing or be supplied with rubber aprons. 
Rule 15. No persons with infected or suppurating wounds on the hands or 
arms shall be permitted to open oysters or handle the same. 
Rule 16. No person afflicted with any infectious disease capable of con- 
taminating oysters shall be permitted to work in or to enter any room in 
which oysters are opened or shucked. 
Rule 17. No persons having had typhoid fever shall be employed in handl- 
ing oysters in any way and no persons shall be re-employed after attacks of 
typhoid fever until such persons have secured certificates from the state 
commissioner of health to the effect that bacteriological examinations have 
shown said persons to be free from typhoid bacilli. 
Rule 18. All rooms in which oysters are culled, packed or stored shall have 
floors of watertight construction and be free from contamination by outside 
surface wash. Said floors shall be kept in a clean and sanitary condition. 
Rule 19. Any person violating, disobeying or disregarding the terms of 
any of these regulations shall be liable to the people of the state for a civil 
penalty not to exceed fifty dollars ($50) for every such violation in accord- 
ance with the provisions of section 17 of article II of the public health law. 
Culling and Storage Rooms 
PREMARITAL EXAMINATIONS FOR SYPHILIS 
Pursuant to authority vested in him by section 23 of the Domestic Relations 
Law, the State Commissioner of Health has promulgated the following admin- 
istrative rules and regulations in connection with the amendment to the 
Domestic Relations Law requiring premarital examinations, including sero- 
logical tests. (Amended July 28, 1939.) 
Rule 1. Statements and court orders, furnished by applicants. No mar- 
riage license shall be issued to any person unless he or she shall submit 
a statement, on a form provided by the state commissioner of health, signed 
by a licensed physician together with a statement signed by the director of 
a laboratory approved by the state commissioner of health that said applicant 
has been examined for syphilis including a standard serological test and that 
the applicant is free from syphilis in a stage which may become communicable, 
except that 
(a) The above requirements need not be complied with where the appli- 
cant furnishes an order dispensing with such requirements from a justice of 
the supreme court or the county judge of the county in which the woman 
• The standard, promulgated by the Secretary of the Treasury, October 21, 
1914 requires. In brief a count of not more than 100 total bacteria per cubic 
centimeter and not more than 2 B. coll per 100 cc. of water. 102 
Administrative Rules and Regulations 
resides, or the judge of the children’s court of such county where the 
woman has attained the age of 14 and has not attained the age of 16 years, 
and except 
(b) Further that no proof of freedom from syphilis and no order of a 
judge of a court shall be required of either party if the woman is pregnant. 
(Note. Whenever it is claimed that the woman is pregnant, it is advis- 
able that the town or city clerks, in order to protect themselves against 
charges of violating the law, should request and obtain a physician’s cer- 
tificate that the woman is pregnant. Such pregnancy certificates should 
be filed in a confidential file in his own office and should not be sent to the 
state department of health except upon request.) 
Rule 2. Duly licensed physician. A duly licensed physician is one licensed 
under the laws of this state or of another state where the examination is 
made, or a commissioned medical officer of the United States army, navy or 
public health service. The town or city clerk may verify whether the physi- 
cian is licensed in New York State by consulting the list of registered phy- 
sicians published annually by the New York State Education Department, 
Albany, N. Y. Where a statement is signed by a physician licensed under 
the laws of another state, the town or city clerk issuing the marriage license 
may verify whether the physician is licensed by consulting the directory of 
the American Medical Association. If such directory is not available, or 
if the physician’s name does not appear therein, the clerk shall require an 
affidavit from the physician and certified to by the county clerk or the 
state authority issuing licenses in that state that such physician is licensed. 
Rule 3. Approved laboratories. A list of approved laboratories will be 
supplied to physicians and clerks with revision from time to time. 
Rule 4. Date of examination. The date of examination shall be interpreted 
to be the date on which the physician takes the specimen of blood from the 
applicant and which shall not be more than the thirtieth day prior to that 
on which the license is applied for unless such time shall have been extended! 
(limited to ninety days) in accordance with provisions under 1 (a) above. 
Rule 5. Statements and court orders filed with the state department of 
health. In forwarding completed marriage records in each case there shall 
be attached thereto the physician’s and laboratory’s statement, or court 
order which provides for a waiver after notation thereof in the register. 
Note.—Rule 6 was established temporarily to provide for the routing of labora- 
tory reports through county health districts and in cities of 50,000 or over and, 
with the recent amendment to the Public Health Law, is no longer needed. 
Promulgated Pursuant to Authority Vested in the State Commissioner of 
Health by Section 342-D of the Public Health Law 
The Conduct of State Tuberculosis Hospitals 
Each state tuberculosis hospital shall be part of the Division of Tuber- 
culosis and under the supervision of the General Superintendent of Tubercu- 
losis Hospitals. Each Superintendent’s duties shall be those defined by Sec- 
tion 342-D of Article XVI-A of the Public Health Law and by these rules. 
(Adopted December 31, 1935 and amended April 16, 1938) 
Rule 1. Hospital areas. The following areas to be served by the state tuber- 
culosis hospitals are hereby designated: 
(a) The eastern or Catskill area shall be comprised of Madison, Chenango, 
Otsego, Delaware, Schoharie, Greene, Sullivan, Putnam, and Lewis Counties 
and shall be served by the Homer Folks Tuberculosis Hospital at Oneonta, N. Y, 
(b) The central or Finger Lake area shall be comprised of Wayne, Seneca, 
Cayuga, Schuyler, Yates, Tompkins, Tioga, Chemung, and Cortland Counties, 
and shall be served by the Hermann M. Biggs Memorial Hospital at Ithaca. 
N. Y. The Conduct of State Tuberculosis Hospitals 
103 
(c) The western area shall be comprised of Orleans, Genesee, Wyoming, 
Allegany, Steuben, Livingston, and Ontario Counties and shall be served by 
the Mount Morris Tuberculosis Hospital at Mount Morris, N. Y. 
(d) The Adirondack area shall be comprised of Clinton, Essex, Franklin, 
Hamilton, St. Lawrence, and Washington Counties and shall be served by the 
New York State Hospital for Incipient Tuberculosis at Ray Brook, N. Y. 
Rule 2. Tuberculosis case and contact register. Each hospital shall maintain 
an active tuberculosis case and contact register for each county in its area. 
Report cards of tuberculosis cases shall be routed to and from the area tuber- 
culosis hospitals according to the central office regulations for routing of 
tuberculosis report cards. Data relating to contacts shall be compiled from 
the clinic records and filed in the area hospital. 
Rule 3. Service provided by each hospital. A. Each hospital shall provide, 
within its respective area: 
(a) Diagnostic chest clinics for tuberculosis cases, contacts and suspects 
through out-patient service within the hospital and through itinerant clinics. 
Except in unusual instances, all patients attending any clinics maintained 
by the hospital shall present an admission card signed either by the attending 
physician or the local health officer. 
(b) Scientific and progressive study, care, and treatment for all patients 
within the hospital. 
(c) Appropriate research studies in clinical, pathological, bacteriological, 
epidemiological, and other aspects of the tuberculosis problem. 
(d) Clinical and therapeutic services both within the hospital and at the 
itinerant clinics for the follow-up of discharged cases and contacts. 
B. The Superintendent of each hospital shall collaborate with the district 
state health officers of the area in securing the interest and cooperation of the 
local health officers, practicing physicians, nursing committees, and unofficial 
health agencies in the promotion, organization, and administration of tuber- 
culosis control measures. 
Rule 4. Admission, study, and treatment of patients. The Superintendent 
shall have full authority over, and responsibility for, the admission, type of 
study, duration of care and treatment, and the discharge of patients in 
accordance with the following: 
(a) The Superintendent shall furnish, upon request, to physicians and 
health officers, application blanks for the admission of patients. 
(b) The following persons having, or suspected of having, tuberculosis in 
any form may be admitted to a state tuberculosis hospital: (1) A resident 
of a county included in one of the above areas. (The term “resident” is to 
be interpreted on the basis of the Public Welfare Law.) (2) A resident of a 
county not included in a hospital area, when a suitable vacancy exists, after 
satisfactory arrangements have been made for the payment of the cost of 
care. (3) A resident of an upstate county not included in a state hospital 
area, who is in need of special therapy or study, not available at the local 
tuberculosis hospital, and upon recommendation of the chief medical officer 
of such hospital, and approval of the superintendent. (4) Except in an 
emergency, when application is made by a physician for the admission of a 
patient suffering from pulmonary disease in which there is no evidence of 
tuberculosis, or in which tuberculosis is not suspected as being the cause of 
the disease, the Superintendent shall complete arrangements for the payment 
for the care and treatment of such patient by the patient, his family, a 
friend, the children’s court, or local welfare officer, before admission is 
approved. (5) These regulations shall not be interpreted as changing the 
method of admitting patients to Ray Brook Hospital in accordance with 
Chapter 481 of the Laws of 1931. 
(c) All applications for admission shall be made directly to the Superin- 
tendent on the prescribed form. Applications may be made in behalf of 
patients by: (1) Physician or health officer. In this event, the recommenda- 
tion of said physician or health officer shall be considered as bona fide evi- 104 
Administrative Rules and Regulations 
dence that the person named on the application is in need of care and treat- 
ment. (2) In person or by a member of the immediate family. (3) Welfare 
commissioner or officer. 
(d) The Superintendent shall admit patients in the order of their applica- 
tions as suitable vacancies occur. Residents of the hospital area shall receive 
preference. However, if there exists a bona fide emergency, a person may be 
admitted without reference to such waiting list. 
(e) Following the admission of a patient, the Superintendent shall cause 
to be made such clinical studies as may be indicated. A report of the finding 
of preliminary studies shall be made to the referring physician as soon as 
practicable. Subsequent reports of the patient’s progress shall also be made, 
as indicated, to the referring physician. The Superintendent shall forward 
to the district state health officer the name, address, diagnosis, and whether 
the examinations of sputa of all patients admitted to the hospital show the 
presence or absence of tubercle bacilli. 
(f) Orthopedic Service. (1) An orthopedic service shall be established 
and conducted at the Homer Folks Tuberculosis Hospital, the Mount Morris 
Tuberculosis Hospital, and the Ray Brook State Tuberculosis Hospital. 
(2) Decision as to the type of treatment of bone and joint conditions shall be 
determined following consultation between the Director of the Division of 
Orthopedics, or his representative, and the Superintendent. The Director of 
Orthopedics shall be responsible for the type and kind of medical and surgical 
treatment which shall be carried out under the immediate supervision of the 
Superintendent. The Director of the Division of Orthopedics, or his repre- 
sentative, shall be present at those clinical conferences held each month at 
the sanatoria when orthopedic cases are present for discussion. (3) Admis- 
sion of patients for study or treatment of tuberculous, or suspected tuber- 
culous, orthopedic conditions shall be made on the same basis as admission 
of other patients to the hospitals as far as residence is concerned, and in addi- 
tion, on the basis of recommendations of state orthopedic clinic examinations 
or qualified orthopedists. (4) Activities of orthopedic patients within the 
institution, as far as they relate to institutional and ordinary medical con- 
trol, shall be under the authority of the Superintendent. Necessary accommo- 
dations, appliances, and apparatus shall be furnished by the Superintendent, 
at the request of the Division of Orthopedics. (5) A member of the resident 
professional staff shall be assigned by the Superintendent to carry out the 
service orders and recommendations of the Division of Orthopedics. (6) Im- 
mediate nursing care shall be by nurses approved by the Division of Ortho- 
pedics, as to knowledge of care for bone and joint conditions. (7) Follow-up 
service after discharge sliall be the function and obligation of the Division of 
Orthopedics, and shall be in cooperation with the hospital follow-up service. 
(8) Should an emergency arise in an orthopedic case, the Director of the 
Division of Orthopedics shall be notified immediately. 
Rule 5. Discharge of patients, (a) The Superintendent of each tuberculosis 
hospital shall determine to what type of medical supervision each patient shall 
be discharged. Upon discharge of a patient, the Superintendent shall make 
a suitable report to the patient’s physician, which shall include a statement 
of the patient’s home address, diagnosis, whether examination of the sputum 
shows the presence or absence of tubercle bacilli, and other suitable data 
regarding the patient’s clinical condition and recommendations concerning the 
type of post-sanatorium supervision indicated. A copy of such report shall be 
sent to the district state health officer, who will notify the local health officer 
promptly. Reports of the status of discharged patients who are residents of 
New York City shall be forwarded to the Department of Health in New York 
City. 
(b) The Superintendent shall provide for post-sanatorium examination and 
supervision of discharged patients 'as far as possible with the facilities and 
personnel at his disposal. 
Rule 6. Discipline. The Superintendent is responsible for the discipline of 
patients. Any patient whose conduct is contrary to the satisfactory adminis- 
tration of the hospital may be disciplined or discharged at the discretion of The Conduct of State Tuberculosis Hospitals 
105 
the Superintendent. A report of all disciplinary discharges shall be made in 
writing and forwarded to the General Superintendent of Tuberculosis Hospitals 
within a reasonable time. 
Rule 7. Fees and charges, (a) Per Capita Per Diem Charge. In accordance 
with Chapter 205, Section 340, Laws of 1934, the State Commissioner of Health 
will establish for each fiscal year a per capita per diem fee which shall be the 
charge to the counties for the treatment of patients. The same rate shall be 
charged to patients who are paying in whole or in part for their care and 
treatment. 
(b) Unless a person is specifically employed by any state tuberculosis 
hospital on a definite part-time basis and such part-time basis is specified in 
the formal notice of appointment, he shall be considered a full-time employee. 
No full-time employee shall receive any tips, gifts, gratuities, or monies for 
any service, materials, or advice, except as hereinafter provided by these 
rules and the rules of the Superintendent approved by the State Commissioner 
of Health. 
(c) No physician who is a full-time employee of any state tuberculosis 
hospital shall accept any money, gift, or gratuity for any advice, examination, 
or treatment. 
(d) If any practicing physician desires a consultation with any member 
of the medical staff and in requesting such consultation, stipulates that a fee 
shall be charged, then such staff member shall explain to the physician, or 
the patient, that he is not allowed to accept fees, but the patient may make 
a voluntary contribution to the Patients’ Welfare Fund which is maintained 
by the Superintendent. 
Rule 8. Surgeon and pathologist, (a) A full-time principal thoracic sur- 
geon, to be appointed by the State Commissioner of Health, will serve all the 
state tuberculosis hospitals and shall have his headquarters at the Hermann 
M. Biggs Memorial Hospital, Ithaca N. Y. He shall be available on call to 
each Superintendent for consultation in surgical diagnosis and for surgical 
treatment. The Superintendent, or the thoracic surgeon, may require a 
confirming consultation with the attending physician or surgeon. The Super- 
intendent of each hospital shall schedule the requests for surgical consul- 
tations so that economy in time and travel will result. However, the surgeon 
shall respond as far as practicable without delay to all emergency calls and 
shall render such treatment as he and the Superintendent shall agree is 
indicated. 
(b) A principal diagnostic pathologist to be appointed by the State 
Commissioner of Health, shall be in general charge of the laboratory work 
in all the state tuberculosis hospitals and be in immediate charge of the 
laboratory at the Hermann M. Biggs Memorial Hospital, Ithaca, N. Y., and 
shall reside at that hospital. 
Rule 9. Research and publication committee. There shall be a Hospital 
Research and Publications Committee which shall be composed of the General 
Superintendent of Tuberculosis Hospitals, Chairman, the senior diagnostic 
pathologist, the principal thoracic surgeon, the Superintendent of the state 
tuberculosis hospitals. This Committee shall review and approve, prior to 
execution, all major research projects to be undertaken in all state tuber- 
culosis hospitals. All theses, papers and articles by members of the staffs 
of the tuberculosis hospitals which are intended for publication, except regular 
reports, shall be reviewed and approved by the Research and Publications 
Committee prior to publication. 
Rule 10. Consulting staff. Each superintendent shall nominate to the 
State Commissioner of Health such person, or persons, as he deems qualified 
for appointment to the Board of Consultants in accordance with Chapter 205, 
Section 342-E, Laws of 1934. These consultants are expected to counsel and 
advise on any professional aspect of the tuberculosis control program of the 
hospital and to render clinical consultation in their specialty. In addition 
to the duties and responsibilities imposed by Chapter 205, Section 342-E, any 
consultant shall be available upon call for such special service as the Super- 
intendent may require. 106 
Administrative Rules and Regulations 
Rule 11. Attending (visiting) physicians. The State Commissioner of 
Health at his discretion may appoint certain especially qualified attending 
physicians or surgeons to state tuberculosis hospitals. These appointees shall 
visit each hospital at such intervals and for such periods of time as are 
specified under the terms of appointment to consult with the Superintendent 
and staff on problems of medical practice, diagnosis, and therapy. Each 
attending physician or surgeon shall submit a written report to the State 
Commissioner .of Health, through the General Superintendent of Tuber- 
culosis hospitals, summarizing his professional activities during each of his 
visits to the hospitals. The attending physicians shall be available for spe- 
cial consultations at their regular offices or residences when visited by a 
Superintendent or his designated representative. 
Rule II-A. Board of visitors. The Board of Visitors of the State Tuber- 
culosis Hospital at Ray Brook shall carry out and perform the powers and 
duties prescribed in Section 363 of Article XIX of the Public Health Law, and 
may make such recommendations as they consider advisable for the welfare 
of the hospital to the General Superintendent of Tuberculosis Hospitals 
through the Superintendent. 
Rule 12. District tuberculosis control service, (a) The superintendent of 
each state tuberculosis hospital shall be responsible to the State Com- 
missioner of Health, through the General Superintendent of Tuberculosis 
Hospitals, for the development of an adequate program of tuberculosis 
control in each county of the hospital area. To this end, he shall formulate 
with the district state health officer, a plan of field tuberculosis work for 
each county. The administration of this plan shall be in general conformity 
with the provisions of the Operating Manual and these rules. If the Super- 
intendent and district state health officer fail to agree on any details of a 
plan, the central office shall decide. 
(b) The relationship of the district state health officer to the local nursing 
service in tuberculosis work shall be in conformity with Chapter 12 of the 
Operating Manual. Communities in which there is no public health nursing 
service, or in which this type of service is inadequate, shall be considered as 
special problems. 
(c) The Superintendent and the district state health officer shall jointly 
prepare a program to be followed in each county and submit such program to 
the Department of Health. Among other elements, the program shall contain 
the following information: 
1 The number of diagnostic examinations required. 
2 The location and frequency of field diagnostic clinics. 
3 The methods of organizing and operating such clinics with special 
reference to the part to be played by the local health officer. 
4 The nature and scope of any special epidemiological investigations to be 
undertaken. 
5 The health districts in which the local health officer will assist in pro- 
moting early diagnosis and reporting of tuberculosis and maintain 
adequate domiciliary supervision of cases. 
6 Methods to be followed in providing adequate tuberculosis field nursing 
service, and particularly the extent to which available local nursing 
service will need to be supplemented by additional state district nursing 
personnel. 
Rule 13. Clinic (out-patient) and consultation service, (a) The super- 
intendent shall establish an out-patient service at the hospital and provide 
itinerant chest clinics according to needs as indicated by a study of mor- 
bidity and mortality and population statistics, as arranged by the district 
state health officer pursuant to Rule 12 of these rules. 
(b) Upon request to the Superintendent, members of the medical staff of 
the hospital shall be available for consultation service to the practicing 
physicians of the area. 
(c) The Superintendent and members of the medical staff of each State 
tuberculosis hospital are encouraged to accept appointments to the consulting 
or courtesy staffs of other hospitals, such services to be rendered without 
remuneration. The Conduct of State Tuberculosis Hospitals 
107 
Rule 14. Superintendent’s administrative responsibility. The Superintendent 
of each state tuberculosis hospital shall be its chief executive and medical 
officer and as such shall: 
(a) Under the general direction of the Commissioner of Health, through 
the General Superintendent of Tuberculosis Hospitals, have full supervision 
and administrative control of the hospital and of the professional services 
therein. 
(b) Make such rules and regulations as he may deem necessary to insure 
good conduct, fidelity, and economy in every department. 
(c) Be responsible for the property of the State, its protection, development, 
maintenance, and operation. 
(d) As treasurer of the hospital, perform such duties as are directed by 
law and required by the State Commissioner of Health. 
(e) Appoint all subordinate officers and employees of the hospital subject 
to the provisions of the Civil Service Law. Such officers and employees shall 
be directly responsible to him and may be removed by him according to the 
Civil Service Law. In the event of the disciplinary removal of an officer, 
the Superintendent shall forward a written report of such action promptly 
to the General Superintendent of Tuberculosis Hospitals. 
(f) Direct the assignment of duty, training, and instruction of subordinate 
officers and employees. 
(g) Make such periodic and special reports as may be required by law, 
by these regulations, or by the Department of Health. 
Rule 15. Vacation and sick leave. The following rules and regulations per- 
taining to vacation and sick leave shall apply, whenever possible, to all 
employees of hospitals in the State Department of Health: 
(a) Annual leaves of absence for nurses and permanent employees in the 
competitive Civil Service will be granted, subject to the exigencies of the work 
of the hospital, at the rate of twenty-two (22) working days for each calen- 
dar year. Saturdays occurring during the vacation period are counted as half 
days and legal holidays occurring during the vacation period are not counted 
as part of the vacation allowance. Employees who have been in the service 
of the Department for less than one year will be allowed two (2) days’ vaca- 
tion for each full month of past employment. The Superintendent of each 
hospital shall determine when employees may be allowed their vacation period 
in order that the conduct of the hospital shall not be handicapped. 
(b) In addition to the annual vacation leave of absence, and except in 
emergencies, employees in the competitive Civil Service classification shall be 
allowed additional time off on the following holidays: New Year’s Day, 
Lincoln’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, 
Labor Day, Columbus Day, Armistice Day, Thanksgiving Day, Christmas 
day, and Sundays. In order that the care and treatment of patients shall 
not be sacrificed, Superintendents shall decide as to which employees may be 
allowed time off on the above days, and those who are not excused from duty 
on these days shall be given equivalent time off when, in the judgment of the 
Superintendent, they can be spared. 
(c) All employees in the non-competitive and labor groups are entitled 
to two weeks’ vacation with pay and in addition, shall be allowed holidays and 
Sundays in accordance with the provisions made for competitive employees. 
(d) Temporary employees who are paid on a per diem basis will not be 
entitled to annual leaves of absence or sick leave. All permanent employees 
shall receive the same sick leave allowance, regardless of whether they are 
in the competitive or the non-competitive Civil Service classification. 
Rule 16. Communications. All communications to the central office shall be 
sent to the Division of Tuberculosis, attention of the person concerned. The 
original and one copy of all communications to other State departments in 
Albany shall be addressed to the appropriate person but sent to the Division 
of Tuberculosis for forwarding, unless a different procedure is prescribed by 
the General Superintendent of Tuberculosis Hospitals for certain types of 
communications. 108 
Administrative Rules and Regulations 
Promulgated Pursuant to Authority Vested in the State Commissioner of 
Health by Section 311 of the Public Health Law 
APPROVED METHODS OF VACCINATION 
(Adopted March, 1925) 
Rule 1. Only vaccine which has been kept constantly cold shall be used.* 
Vaccine shall not be used later than the date stamped upon the container. 
Rule 2. The vaccination should be performed on the arm (preferably the 
left arm in right-handed persons, and vice versa), over the insertion of the 
deltoid muscle. Vaccinations on the leg are not recommended, but if so 
done, the person vaccinated should rest in bed from the time of the appear- 
ance of the vesicle until the crust is well formed. 
Rule 3. The arm should be clean, and should be prepared with a volatile 
disinfectant, which must be allowed to evaporate completely before the vaccine 
is applied or the skin broken. Care must be taken not to use alcohol which 
has been denatured with bichloride of mercury or other non-volatile dis- 
infectant. 
Rule 4. One of the following methods shall be used, unless special permis- 
sion for the use of another method is obtained from the state commissioner of 
health: 
(a) Single scratch method. This consists of a single superficial scratch with 
a sterile needle. An attempt should be made not to draw blood. The 
scratch should not be more than one-eighth of an inch long and may 
be made through a drop of vaccine, or the vaccine may be applied 
afterward. The vaccine should be gently rubbed into the scratch with 
the side of the needle or other suitable sterile instrument. 
(b) Multiple pressure method. This consists of pressures against the skin 
with the side of a needle point through a drop of vaccine. The needle 
is held parallel to the skin and the flat side pressed into the skin in 
such a way that the point of the needle passes through the drop of 
vaccine. Although the needle is merely pressed flat against the skin, 
the point will make a tiny but practically invisible scratch which 
nevertheless is sufficient to introduce the virus into the superficial 
layers of the skin. From five to ten pressures should be made rapidly, 
lifting the needle clear of the skin each time, with care to limit the 
insertion to a skin area not to exceed one millimeter in diameter. If 
properly performed the skin will not be broken, and only a minute 
indentation will be visible after the procedure.at the point of vaccina- 
tion. (Amended July 22, 1939.) 
Rule 5. The following methods are specifically disapproved: 
(a) Cross-hatching 
(b) Multiple scratches, or scarifications, less than one inch apart 
(c) Scratches more than one-fourth of an inch in length. 
Rule 6. (a) If the person vaccinated has a scar of a previous vaccination, 
or if he has a history of possible smallpox, he shall be instructed to return 
for observation within forty-eight hours and again on the fifth to seventh day. 
(b) If he has no scar nor a history of possible smallpox, on the fifth to 
seventh day. 
Rule 7. If no reaction of immunity appears within forty-eight hours, or if a 
reaction resembling the reaction of immunity appears later than forty-eight 
hours, and proves not to be a primary vaccinia or vaccinoid when observed 
on the fifth to seventh day, a second vaccination should be performed, being 
sure to use potent vaccine and being careful as to technique. A reaction 
should occur in every instance. Failure to find it means impotent vaccine, 
improper technique, or possibly the use of disinfectants by the person vac- 
cinated at some time shortly after the vaccination was performed. 
• 40° P. or lower. The optimum temperature is about 10* below the freezing 
eolnt. Waiving of Fees for Birth, Death and Marriage Records 
109 
Rule 8. The person vaccinated is to be instructed by the physician in the 
proper care of the vaccination. No “shields” of any "sort shall be provided 
or recommended. After the vesicle has developed six to eight thicknesses of 
gauze strapped at the edge with adhesive tape may be worn as a protection. 
The gauze should be of sufficient size to prevent the adhesive tape from cov- 
ering any part of the inflamed area of the skin. The person vaccinated 
should be warned against injury to the vaccination or excessive use of the 
arm (or leg). The crust which finally forms should be allowed to fall off. 
Rule 9. The vaccination must be reported to the local health officer as 
required by the public health law. Forms for this purpose are provided by 
the state department of health. 
VITAL STATISTICS, WAIVING OF FEES FOR BIRTH, DEATH AND 
MARRIAGE RECORDS 
Promulgated pursuant to authority vested in the state commissioner of health 
by section 391 of article XX of the public health law and section 
20-a of article III of the domestic relations law 
(Adopted May 24, 1940) 
Rule 1. The New York state department of health shall make searches 
and issue certifications and certified copies of birth, death, and marriage records 
without charge to: 
(a) Local or state organizations of war veterans in connection with claims 
for soldiers’ burial fees, markers for soldiers’ graves, and securing relief for 
veterans or their families. 
(b) Applicants for employment on projects conducted by the works 
progress administration. 
(c) Applicants for admission to the civil conservation corps. 
(d) Applicants for enlistment in the U. S. army or navy. 
(e) Persons of any age filing applications with the state employment 
bureau. 
(f) Persons residing in Canada applying to Canadian authorities for 
public relief or veterans’ claims, providing the province of Canada in which 
applicant resides furnishes similar information gratis to persons residing in 
the United States. 
(g) Children under the age of sixteen—limited to certifications of birth. 
(h) Persons who were either adopted or whose paternity was established by 
law, limited to a certification of birth made out in the name by which the 
person is designated in the adoption or filiation papers. 
4-29-40-8150 (17-8096). 
J. B. LYON COMPANY, PRINTERS, ALBANY, N. Y.