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New York: can delivery drivers fill customer drinks?

Not legal advice. This is general information. Local (city or county) health departments can have stricter rules than the state. Check with your local health department.

The closest rule we found

Employees are to maintain a high degree of personal cleanliness and are to conform with good hygienic practices when working in food service establishments10 NYCRR 14-1.71
What it means
NYC's delivery-worker laws cover pay, tips, insulated bags and bathroom access ("Workers must be allowed to use the bathroom at most pickup locations in New York City"). Pay "trip time" includes time spent "selecting, preparing, assembling, waiting for, picking up" orders, which is a compensation rule, not an authorization. State bill S1217 (2023) would require tamper-evident delivery packaging, and it shows only committee referral.
Food code
State: 10 NYCRR Subpart 14-1 (no FDA edition adopted for restaurants); NYC: Health Code Art. 81 (NYSDOH 14-1.20; NYC Art. 81)
Food handler card
No statewide card; NYC supervisor food protection certificate (§81.15(a))
Sources
Last verified
October 26, 2026

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Also: Why it matters to the customer · Isn't the lobby fountain self-serve? · What to do if a restaurant asks you to make the drink · What DoorDash's own terms say · What the restaurant promised DoorDash · Who's liable if something goes wrong?

Not legal advice. This is general information. Local (city or county) health departments can have stricter rules than the state. Check with your local health department. Last verified October 26, 2026.

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