Ask HN: Why does NYC Department of Health think Babaghanoush is ice cream?

If a restaurant in New York City tries to sell babaghanoush in room temperature it will be shut down by the New York City’s health department. The sick bureaucrats who run NYC’s health department think babaghanoush will poison people if it is sold in room temperature.

I am posting this to ask the international readers of HN if in restaurants in their city vegetable-based prepared and cooked food are sold in freezing temperatures as in New York or if they are sold in room temperature.

Would babaghanoush spoil in the few hours that stays in room temperature before being sold? What is the modern authoritative source on food conservation that I can refer New York City Health department to update their antiquated laws?