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  3. DUT-NY-005

Ex. DUT-NY-005 Standing duty Primary source read

N.Y. Public Health Law § 225 (Public Health and Health Planning Council; State Sanitary Code)

Public health and health planning council; sanitary code

New York State Legislature (Public Health Law, article 2, title 2); Public Health and Health Planning Council with the Commissioner's approval · New York (State)

The COVID Project

The record

Jurisdiction
New York
Level
State
Authority
N.Y. Const. art. XVII, § 3; police power; L. 1953, ch. 879, as amended
Effective
standing; text in force throughout March 2020 to September 2021
End
standing (read as 2021-09-30)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Face-covering requirementVaccination or testingQuarantine and isolationStanding duty
Addressees
  • persons generally; owners or persons in control of premises; specified businesses and facilities regulated by the Code
Character
sanitary code duty
Collection
Standing duties: New York DUT-NY

Operative words

4. The public health and health planning council shall have power... to establish, and from time to time, amend and repeal sanitary regulations, to be known as the sanitary code of the state of New York, subject to approval by the commissioner. 5. The sanitary code may: (a) 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... (h) designate the communicable diseases which are dangerous to the public health.

Penalty

§ 229: the Code has 'the force and effect of law'; non-compliance is a violation punishable by fine and imprisonment (Ex. DUT-NY-006); § 12 civil penalties (Ex. DUT-NY-001)

What it required

Established the State Sanitary Code (10 NYCRR) as the vehicle for every communicable-disease regulation binding persons and premises, including 10 NYCRR Part 2 (communicable diseases; COVID-19 designated), Subpart 66-3 (face coverings, Exs. NY-133, NY-134), 10 NYCRR 2.13 (isolation and quarantine, Exs. NY-134, NY-071), 2.60 (masks), 2.61 (health-care-worker vaccination) and 2.62 (school testing) (Exs. NY-071 to NY-075).

Retrieval note

Every 2020-2021 emergency amendment to 10 NYCRR in the library (Subpart 66-3, § 2.13, §§ 2.60-2.62, Subpart 66-4) was adopted under this section; the State Register notices in Exs. NY-071, NY-072, NY-133, NY-134 and NY-135 recite it.