N.Y. AGM Law § 214-F

§ 214-f. Temperature requirements for manufacture, transportation and\nstorage of certain foods. For the purpose of controlling and preventing\nthe outbreak of deadly or dangerous human diseases such as botulism and\nsalmonellosis, and to prevent economic and nutritional loss to\nconsumers, the commissioner is hereby authorized to require any person,\nwho manufactures, cans, bottles, sells, offers for sale, transports or\nstores any food which is considered a low-acid food or one which if\nimproperly handled could tend to contain a potential health hazard or\nany food which if stored, transported or held under improper conditions\nof freezing or refrigeration would result in economic or nutritional\nloss to consumers, to manufacture, cook, pack, store or display for sale\nsuch foods in the manner prescribed by the commissioner in rules and\nregulations promulgated following a public hearing and after\nconsultation with the state department of health except that no public\nhearing will be required if the commissioner adopts or amends such\nregulations to conform with appropriate rules and regulations, similar\nthereto, which have been adopted by the federal government. The\nprovisions of this section and the regulations promulgated thereunder\nshall not apply to service food establishments under permit and\ninspection by the state department of health or by a local health agency\nwhich maintains a program certified and approved by the state\ncommissioner of health.\n