N.Y. Pub. Health Law § 3444

§ 3444. Food service in funeral establishments. (a) A funeral\nestablishment may provide space, facilities, equipment or supplies for\nthe preparation, sale, service, distribution or consumption of food or\nnonalcoholic beverages, limited to incidental refreshments (such as\nbaked goods, sandwiches, snacks and platters) or those required by the\nreligious practices of the deceased person or the deceased person's\nfamily, in the funeral establishment to or by persons in the funeral\nestablishment for the purpose of arranging for, attending or\nparticipating in the care and preparation of a body of a deceased person\nfor disposition, mourning, a funeral or memorial ceremony or service, or\nan open house or similar community function that is related to the\nbusiness of funeral directing.\n (b) Activities under this section may include the services of a\ncaterer not owned by or affiliated with the funeral establishment.\nActivities of funeral establishment employees or catering employees\nshall be limited to (i) preparing such beverages and (ii) serving such\nincidental refreshments or nonalcoholic beverages under this section.\n No activities under this section shall include the consumption of any\nalcoholic beverage. Notwithstanding the provisions of this section, a\nfuneral establishment shall not operate as a food service establishment\nor caterer.\n