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Ex. NY-134 Order Primary source read

10 NYCRR Subpart 66-3 (Face-Coverings), emergency rule I.D. No. HLT-24-21-00001-E, filed and effective May 26, 2021

Face Coverings for COVID-19 Prevention (Subpart 66-3, 'COVID-19 Emergency Regulations')

New York State Department of Health / Public Health and Health Planning Council (published by the Department of State, New York State Register, June 16, 2021, Vol. XLIII, Issue 24) · New York (Sector regulator)

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The COVID Project

The record

Jurisdiction
New York
Level
Sector regulator
Authority
Public Health Law 201, 206, 225; State Administrative Procedure Act 202(6)
Issued
2021-05-26 May 26, 2021
Effective
2021-05-26 (ninety-day emergency rule) (read as 2021-05-26)
End
Readopted June 23, 2021 (Ex. NY-133); repealed and replaced Aug. 27, 2021 by new 10 NYCRR 2.60 (Ex. NY-071) (read as 2021-06-23)
In force
May 26, 2021 to June 23, 2021
Quarters
2021 Q22021 Q3
Limitation types
Face-covering requirementWorkplace rules
Addressees
  • every person over age two in a public place who is not fully vaccinated
  • every employer and its unvaccinated employees
  • food service establishments
  • business operators and building owners
Functions reached
  • SF sales floor
  • DR/KT food service (employees masked at all times)
  • OF office (unvaccinated employees)
  • HR (employer-provided coverings)
  • CB patrons
Collection
New York NY

Operative words

66-3.2 Face-Coverings (a) Any person who is over age two and able to medically tolerate a face-covering shall be required to cover their nose and mouth with a mask or face-covering when in a public place and unable to maintain, or when not maintaining, social distance, unless such person is fully vaccinated...; provided the person is not present in a pre-kindergarten to twelfth grade school, public transit, homeless shelter, correctional facility, nursing home, health care setting, or other setting where mask use is otherwise required by federal or state law or regulation. (b) Any employee who is present in the workplace and who is not fully vaccinated shall be provided and shall wear a mask or face-covering when in direct contact with customers or members of the public, or when unable to maintain social distance. Employees of food service establishments who are not fully vaccinated must wear a mask or face-covering at all times while at their place of work. Businesses must provide, at their expense, such face coverings for their employees. (c)(i) Business operators and building owners... shall require unvaccinated patrons to wear face coverings consistent with this section, may require all patrons to wear a face covering, and may deny admittance to any person who fails to comply.

Enforcement

Public Health Law 12 and 12-b penalties (Part 66 penalties provision); 66-3.1: applies 'for the duration of any state disaster emergency declared pursuant to sections 28 and 29-a of the Executive Law related to the outbreak of COVID-19'

Notes

The same Register issue carries the DOH emergency rule 'Investigation of Communicable Disease; Isolation and Quarantine' (10 NYCRR 2.13 and related sections), I.D. No. HLT-24-21-00004-E, filed May 28, 2021 (see record NY-134-B), and the nursing-home personal caregiving visitation rule, HLT-24-21-00010-E, filed June 1, 2021

Retrieval note

Official State Register issue (Department of State), read in full for the DOH items.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.