Township of Lumberton, NJ
Burlington County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Township of Lumberton 5-1-1995 by Ord. No. BH-2-1995. Amendments noted where applicable.]

§ 294-1 Adoption of standards; title.

A code regulating retail food establishments and food and beverage vending machines, providing for the inspection of such establishments and machines and fixing penalties for violations is hereby established pursuant to N.J.S.A. 26:3-69.1 et seq. A copy of said code is annexed hereto and made a part hereof by way of reference and without need for inclusion of the entire text of the same republished herein. Said code established and adopted by this chapter is described and commonly known as the "Retail Food Establishments and Food and Beverage Vending Machines Code of New Jersey (1988)."

§ 294-2 Copies on file.

Three copies of said Retail Food Establishments and Food and Beverage Vending Machines Code have been placed on file in the office of the Secretary of the Lumberton Township Board of Health, upon the introduction of this chapter, and will remain on file there for the use and examination of the public.

§ 294-3 Permit requirements; fee; itinerant vendors; suspension or revocation.

A. 
No person shall operate a retail food establishment unless a permit or approval of an existing permit to operate the same shall have been issued by this Board of Health. Such permit or approval of an existing permit shall be posted in a conspicuous place in such establishment.
B. 
There shall be a charge of $20 for such permit or approval of an existing permit except that there shall be no charge for such permit or approval of an existing permit to nonprofit organizations, associations or corporations.
C. 
Permits issued or approved under the provisions of this chapter shall expire annually on the last day of May of each year, and application for renewal thereof shall be submitted together with the required fee prior to the third Monday of April of each year.
D. 
A person conducting an itinerant or mobile retail food establishment shall be required to secure a permit from this Board of Health even where such person is the holder of a permit issued by a Board of Health of another jurisdiction, and the fee for the securing of the Lumberton Township permit shall be $20 for such approval.
E. 
A permit or approval of a permit may be suspended or revoked for a violation by the holder of any provision of this chapter or the code referred to herein, after an opportunity for a hearing by the Board of Health or its authorized representative. Nothing herein contained, however, shall preclude this Board of Health from exercising the authority to immediately close any establishment which, in the opinion of the Board of Health, is suspected of being a source of food-borne infection in accordance with the provisions of N.J.A.C. 8:24-9.6.
F. 
A permit or approval of a permit issued by another Board of Health is not transferable to the Township of Lumberton.

§ 294-4 Food handling regulations.

[Added 6-21-2004 by Ord. No. 2004-18[1]].
A. 
Administrative authority. The Burlington County Health Department shall be the administrative authority to exercise the powers prescribed by this chapter.
B. 
Adoption of standards. Pursuant to the authority contained in N.J.S.A 26:3-69 through 26:3-69.6, the Board of Health of Lumberton Township does hereby adopt the new rules and standards governing food manager training as an ordinance operative within the Township, regulating training for managers of potentially hazardous food-handling establishments.
C. 
Intent and purpose. The provisions hereinafter contained and enacted are in pursuance of and for the purpose of:
(1) 
Protecting and promoting the public health and general welfare of persons in the Township of Lumberton; and
(2) 
Preventing food-borne illness in food establishments due to improper food handling, sanitation and safety.
[1]
Editor's Note: This ordinance, adopted by the Township Committee, also repealed former § 294-4, Violations and penalties.

§ 294-5 Definitions.

[Added 6-21-2004 by Ord. No. 2004-18]
As used in this chapter, the following terms shall have the meanings indicated:
FOOD
Any food, food product, drink or drink product, wholly or partially prepared, meant for human consumption.
FOOD MANAGER
Any person who owns or is employed by a wholesale or retail food establishment who directs, oversees and supervises the procedures used by the establishment to prepare and store food that is served and/or purchased by the general public.
POTENTIALLY HAZARDOUS FOODS
Foods which could cause serious health problems or illness if not stored, processed and prepared properly.
RETAIL FOOD ESTABLISHMENT
A business, store, restaurant or any retail establishment that wholly or partially is involved in the preparation of food that is sold directly to the general public. This includes leased and subleased establishments, food vendors and kiosks that prepare food, as well as wholesale food businesses where the products are purchased and put directly for sale to the public. This does not include private or public schools, associations, nonprofit organizations, or civic groups that prepare and/or sell food on an occasional basis for fundraising purposes. Notwithstanding this exemption, such organizations are nevertheless encouraged to comply with the provisions of this chapter.

§ 294-6 Requirements of retail food establishments.

[Added 6-21-2004 by Ord. No. 2004-18]
A. 
Every retail food establishment shall be required to have at least one food manager with food sanitation and safety training, to supervise food preparation on the premises. Food establishments that do not have any on-site preparation of potentially hazardous foods are exempt from this requirement.
B. 
Upon request, the owner/manager of a retail food establishment shall provide to the Burlington County Health Department and/or local Board of Health satisfactory proof that, at a minimum, the manager of the establishment shall have taken and passed an approved course in food sanitation and safety.

§ 294-7 Food manager training.

[Added 6-21-2004 by Ord. No. 2004-18]
A. 
The training course must be a minimum of eight hours and must be approved by the Burlington County Health Department. The following are also acceptable:
(1) 
A course in food safety and sanitation approved by the New Jersey Department of Health and Senior Services; or
(2) 
A current valid food manager's certification issued by the Educational Testing Service.
B. 
Food managers shall satisfactorily complete a refresher course, approved by the Burlington County Department of Health, in food safety and sanitation every three years.
C. 
The food manager certification shall be prominently posted on the premises.

§ 294-8 Enforcement, violations, and penalties.

[Added 6-21-2004 by Ord. No. 2004-18]
A. 
Minimum penalty. There shall be a minimum penalty of a fine fixed at an amount not less than $100.
B. 
Maximum penalty. For violations of any provisions of this chapter, the maximum penalty, upon conviction, shall be a fine not exceeding $1,000.
C. 
Separate violations. Each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation.
D. 
It shall be the responsibility of the Burlington County Health Department (as the authorized agent of the local Board of Health) to enforce this chapter.
E. 
If a facility does not meet the requirements of this chapter, the Burlington County Health Department, with the consent of the local Board of Health, can grant a temporary waiver of six months, provided immediate action is taken to ensure compliance with this chapter.