Borough of Maywood, NJ Chapter 361 Food Establishments, Retail

[HISTORY: Adopted by the Board of Health of the Borough of Maywood 10-18-1973 (which was derived from Ch. V, Subdivision 1, of the former Revised Sanitary Code, 1973, adopted 10-18-1973); amended in its entirety 4-20-2000 by Ord. No. 00-01. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Food and beverage vending machines — See Ch. 359.

Ice — See Ch. 373.

Milk and milk products — See Ch. 381.

§ 361-1 Authority; adoption of standards.

A code regulating retail food handling establishments, providing for the inspection of such establishments and fixing penalties for violations is hereby established pursuant to N.J.S.A. 26:3-69.1 to 26:3-69.6. A copy of said code is annexed hereto and made a part hereof without the inclusion of the text thereof herein.

§ 361-2 Title.

[Amended 12-19-2017 by Ord. No. 15-17]

The code established and adopted by this chapter is in addition to the New Jersey Sanitary Code, Chapter 24, Sanitation in Retail, Food Establishments and Food and Beverage Vending Machines, and is referred to in same.

§ 361-3 Copies on file.

[Amended 12-19-2017 by Ord. No. 15-17]

Three copies of this chapter as well as the said State of New Jersey Sanitary Code, Chapter 24, Sanitation in Retail, Food Establishments and Food and Beverage Vending Machines, have been placed on file in the office of the Secretary of the Maywood Board of Health upon introduction of this chapter and will remain on file there until final action is taken on this chapter for the use and examination of the public.

§ 361-4 License requirements; courses.

A. All existing retail food establishments in operation at time of the adoption of this chapter, including restaurants, diners and any other establishment selling or serving food, excluding prepackaged food, in the Borough of Maywood must meet the following requirements to obtain a food establishment license. The owner, manager or employee in charge of other employees serving food on each shift must successfully complete a course prescribed by the Maywood Board of Health. There are two such courses; an eighteen-hour food manager's certification course and a three-hour food handler's course. These food handler's courses pertain to food safety, health education, sanitization, personal hygiene, food borne illness, dishwashing and sanitizing procedures, microorganisms, insects and rodents and other health-related matters. The certificate of satisfactory completion of the three-hour food handler's course is valid for two years from the date if issuance, and the eighteen-hour certificate of satisfactory completion for the food managers course shall be effective for four years from the date of issuance. This is a prerequisite to any license being issued to a retail food establishment after the appropriate fees have been paid. This certificate must be available in the establishment at all times.

B. Classes to be taken by those involved in existing businesses.

(1) Commencing January 1, 2000, or such date as may be fixed by the Maywood Board of Health, each owner or key management personnel actively involved in the daily operation of a retail food establishment where food is prepared is required to take the first available eighteen-hour food manager's certification course, and employees in charge of other employees serving food on each particular shift shall complete the first available three-hour food handler's course.

(2) Commencing January 1, 2000, and each year thereafter, or such other date as may be fixed by the Maywood Board of Health, where an owner, manager or employee in charge of other employees serving food on each particular shift has not completed the three-hour food handler's course as set forth in § 361-4A of this chapter, the Maywood Board of Health may issue a temporary retail food license which shall be issued for 90 days of that year. For the issuance of such a temporary retail food license, the retail food establishment shall pay the normal fee charged for the license together with a special surcharge for the temporary retail food license in the amount of $50. No part of the surcharge shall be returned. The surcharge shall be used for the sole purpose of administering this chapter for those retail food establishments whose owner, manager or employee in charge of other employees serving food on each particular shift has not successfully completed the three-hour food handler's course or the eighteen-hour food manager's course.

C. Commencing January 1, 2000, whenever a license is issued to a new owner of a retail food establishment where food is prepared, the owner or designated manager (the person who is actively engaged in the daily operation) is required to take the first available eighteen-hour food manager's certification course, and employees in charge of other employees serving food on a particular shift must take the three-hour food handler's course. The Maywood Board of Health shall issue a temporary retail food license which shall remain in effect for 90 days from the date of its issuance or until the required eighteen-hour food handler's course and the three-hour food handler's course has been given and satisfactorily completed. For the issuance of such a temporary retail food license, the retail food establishment shall pay the normal fee charged for the license together with a special surcharge for the temporary retail food license in the amount of $50. No part of the surcharge shall be returned.

D. If there is no owner, manager or employee in charge of other employees serving food to others on each particular shift who has satisfactorily completed the eighteen-hour food manager's certification course or three-hour food handler's course in accordance with this chapter, then the retail food establishment shall be issued a summons to appear before the Magistrate to answer the violation. This also applies to those in violation of Subsection C.

E. Unsatisfactory or conditional satisfactory ratings.

(1) Any retail food establishment which receives an "unsatisfactory" rating from the appropriate official inspecting the premises shall immediately cease from serving any food or similar products until the licensee has received a "satisfactory" rating from the Inspector conducting such inspections.

(2) Any retail food establishment which receives two conditional satisfactory ratings within any one-year period shall have its owner or manager appear at the next meeting of the Maywood Board of Health to show cause why its license shall not be suspended for failing to operate its premises in accordance with Chapter 24 of the New Jersey Sanitary Code. The conditional satisfactory rating card shall be posted on the premises for such time as the Board of Health and/or inspector believes it is necessary for the preservation of the public health and safety. In addition, its owner or manager must take and satisfactorily complete the next available eighteen-hour food manager's certification course.

[Amended 12-19-2017 by Ord. No. 15-17]

(3) In addition to the remedies stated above, the inspector conducting the inspection shall cause appropriate summonses to be issued for the violation of Chapter 24 of the New Jersey Sanitary Code, this chapter of the Borough of Maywood and applicable statutes of the State of New Jersey.

[Amended 12-19-2017 by Ord. No. 15-17]

F. Each licensee shall pay a license fee for the issuance of a license to operate a retail food establishment or other business in the Borough of Maywood as follows: see the fees as indicated in current ordinance.[1]

[1] Editor's Note: Fees are on file in the Borough offices.

G. A late charge of 25% will be added to the license fee if any license is not renewed by March 31 of each year.

[Amended 12-19-2017 by Ord. No. 15-17]

H. All applicants for licenses or permits shall furnish any and all information required by the Board of Health. If an applicant or licensee provides any false or misleading information, this shall constitute sufficient cause to refuse a license, or for the revocation of a license already issued.

§ 361-5 Violations and penalties.

[Amended 12-19-2017 by Ord. No. 15-17]

Any person who violates any provision of, or order promulgated under, this chapter shall, upon conviction thereof, be liable to a penalty of not less than $50 nor more than $1,000 for each violation. Each day a particular violation continues may constitute a separate offense.

§ 361-6 Temporary food establishments.

[Added 3-11-2014 by Ord. No. 5-14]

A. License required. No person, persons, firm or corporation shall operate a temporary food establishment within the limits of the Borough of Maywood or permit the operation of any of the same of the premises or property unless and until a license therefor is first obtained from the Department of Health.

(1) Temporary food establishment license. The person, persons, firm or corporation responsible for organizing and running a special event involving the serving of food to the public, whether with or without charge, including carnivals, circuses, picnics, fairs and similar events, shall apply for and obtain a temporary food establishment license.

(2) A temporary food establishment license shall be required for each individual stand, kiosk, booth, table or similar conveyance at the special event from which food will be served to the public. It shall be the duty of the temporary food license applicant to apply for and obtain all temporary food establishment licenses necessary for the event. The temporary food establishment licensee shall ensure that only licensed temporary food establishments operate at this event.

B. Application for temporary food establishment. The person, persons, firm or corporation responsible for organizing and running a special event involving the serving of food to the public shall apply, in writing, on forms promulgated and supplied by the Department of Health. Such forms shall be duly verified by the applicant. The applicant shall set forth:

(1) The name, permanent addresses and telephone number of the person, persons, firm or corporation who shall serve as the temporary food establishment licensee and who shall be responsible for organizing and running a special event involving the serving of food to the public.

(2) If the applicant is a corporation, partnership, LLP or LLC, provide the name and address of its registered agent.

(3) The full name, location, date(s), and rain date(s) for the special event.

(4) A list for all temporary food establishments which will be operating at the event, and the name, permanent address and telephone number for the person, persons, firm or corporation who will be operating each temporary food establishment, along with a list of foods which will be prepared and served at the establishment.

C. Investigation required prior to issuance of licenses. Upon receipt of an application for a special event in which food will be served to the public, the Department of Health shall conduct an investigation into the plans for preparation and serving of the food, including qualifications of food handlers and the type of equipment to be used. Upon preliminary satisfactory evidence of compliance with this section and N.J.A.C. 8:24-11 et seq., the Department of Health shall issue a temporary food establishment license. Based on the registered environmental specialist's investigation, a food handlers certificate may be necessary in order to obtain a temporary license. All applications for special event temporary food establishment licenses must be completed and submitted to the Department of Health at least 14 calendar days before the event.

D. Fees.

(1) The following license fees shall be made payable to the Borough of Maywood:

(a) Temporary food establishment license for non-potentially hazardous foods: $25.

(b) Temporary food establishment license for a one-day event: $25.

(c) Temporary food establishment license for a two- to three-day event: $75.

(d) Temporary food establishment license for an event lasting four days or more: $100.

(e) Duplicate temporary license fee: $25.

(2) No license fees, late fees, or duplicate fees shall be charged to public schools, charitable or nonprofit organizations.

(3) Fees for licenses issued under this section shall be made payable to the Borough of Maywood by the applicant in cash, cashier's check or money order.

E. Transferability of license. Licenses, once issued by the Department of Health, shall not be transferable to another event, location, person or entity, or date.

F. Temporary food license display. The temporary food license shall be posted in a conspicuous place where it may be readily observed at eye level by all patrons on the stand, kiosk, booth, table, or other similar conveyance during the length of the establishment's operation. No portion of the license shall be obstructed from view during display. It shall be unlawful for any person to erase, cancel, deface, or alter any license once it has been issued by the Department of Health.

G. Violations and penalties. Any person, persons, firm or corporation holding a temporary food establishment who or which shall violate any provision of this section or fail to comply therewith shall severally, for each and every such violation and noncompliance, forfeit and pay a penalty of not less than $100 nor greater than $500, the exact amount to be left to the discretion of the magistrate before whom the complaint is made. The imposition of a penalty for a violation of this section shall not excuse the violation or permit it to continue; such violation shall be remedied within a reasonable time or the license shall be revoked without refund. The imposition of the above penalty shall not be held to prevent the enforced compliance with the provision of this section.

H. Enforcement. This section will be enforced by the local registered environmental health specialist.