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
- 2021-06-23 June 23, 2021
- Effective
- 2021-06-23 (ninety-day emergency rule; would have expired Sept. 21, 2021) (read as 2021-06-23)
- End
- Repealed and replaced Aug. 27, 2021 by new 10 NYCRR 2.60 (Ex. NY-071) (read as 2021-08-27)
- In force
- June 23, 2021 to Aug. 27, 2021
- Quarters
- 2021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Face-covering requirementEvents and venuesWorkplace rules
- Addressees
- every unvaccinated person over age two in a public place
- every employer and its unvaccinated employees
- food service establishments
- large-scale indoor event venues over 5,000 attendees
- Functions reached
- SF
- DR/KT
- OF
- HR
- PE large venues
- CB
- Collection
- New York NY
Operative words
66-3.1 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... (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) large-scale indoor event venues with more than five thousand attendees shall require patrons who are not fully vaccinated to wear face coverings
Enforcement
Public Health Law 12 and 12-b (Part 66); the filing recites that the rule is 'necessary to further implement face covering measures to control the spread of communicable disease, in situations in which the Governor has declared a state disaster emergency'
Notes
This issue also carries: Hospital PPE requirements, 10 NYCRR 405.11 (HLT-28-21-00002-E, filed June 24, 2021); Nursing Home PPE requirements, 10 NYCRR 415.19 (HLT-28-21-00003-E, June 24, 2021: 'Failure to possess and maintain such a supply of PPE may result' in penalties); Surge and Flex Health Coordination System, 10 NYCRR 1.2, 700.5, Part 360 (HLT-28-21-00004-E, June 24, 2021); COVID-19 Vaccinations of Nursing Home and Adult Care Facility Residents and Personnel, new Subpart 66-4 (HLT-28-21-00005-E, June 24, 2021: facilities 'must ensure that all new personnel, including employees and contract staff, and every new resident... has an opportunity to receive the first or any required next dose of the COVID-19 vaccine within fourteen days'); Medicaid telehealth, 18 NYCRR Part 538 (HLT-28-21-00007-E, June 25, 2021)
Retrieval noteOfficial State Register issue; the June 23, 2021 filing is the version of the mask rule in force on July 1, 2021.