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Ex. NY-133 Order Primary source read

10 NYCRR Subpart 66-3 (Face-Coverings), emergency readoption I.D. No. HLT-28-21-00001-E, filed and effective June 23, 2021

Enforcement of Social Distancing Measures (Subpart 66-3, COVID-19 Emergency Regulations: Face-Coverings)

New York State Department of Health / Public Health and Health Planning Council (New York State Register, July 14, 2021, Vol. XLIII, Issue 28) · New York (Sector regulator)

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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Repealed and replaced Aug. 27, 2021 by new 10 NYCRR 2.60 (Ex.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
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 note

Official State Register issue; the June 23, 2021 filing is the version of the mask rule in force on July 1, 2021.