N.Y. Comp. Codes R. & Regs. tit. 1, § 271-8.3 – Dispensing utensils.

(a) To avoid unnecessary manual contact with food, suitable dispensing utensils shall be used by employees or provided to customers who serve themselves. Between uses during service, dispensing utensils shall be:
1. (1) stored in the food with the dispensing utensil handle extended out of the food;
2. (2) stored clean and dry;
3. (3) stored in running water; or
4. (4) stored either in a running water dipper well, or clean and dry in the case of dispensing utensils and malt collars used in preparing frozen desserts.
(b) Serving utensils must be of such size and length as to minimize contamination of the food.
(c) The top of the serving container or product module shall be above the ice bed level.
(d) All tableware and consumer service containers must be stored in a manner that prevents contamination of surfaces which may come in contact with food or the mouth of the user. This includes but is not limited to multi-use utensils such as plates, knives, forks, spoons, cups and glasses, single-service items similar to those mentioned above and other containers used for the storage of take-out salads.
(e) Take-out containers are to be provided by the retail food store or food service establishment. Personal containers are not allowed.