[HISTORY: Adopted by the Board of Health
of the Township of Stillwater 11-19-1971 as Ch. BH-VII of the 1971 Revised General Ordinances. Amendments
noted where applicable.]
A code regulating retail food establishments
and fixing penalties for violations is hereby established pursuant
to N.J.S.A. 26:3-69.1 to 3:69.6.
The code established and adopted by this chapter
is described and commonly known as the "Retail Food Establishment
Code of New Jersey, 1965."
Three copies of the Retail Food Establishment
Code of New Jersey, 1965, have been placed on file in the offices
of the Secretary of the Board of Health and the Township Clerk for
the use and examination of the public.
It shall be unlawful for any person to conduct
a retail food establishment as defined in and governed by the code
established by this chapter without first having procured a license
from the Board of Health or without complying with any or all of the
provisions concerning operation and maintenance of the same as contained
in the code.
[Added 7-18-1973]
B.
Expiration. Licenses issued or approved under the
provisions of this section shall expire annually on December 31 of
each year, and application for renewal thereof shall be submitted,
together with the required fee, prior to December 1 of the licensed
year.
[Amended 10-21-2014 by Ord. No. 2014-20]
C.
Regulations. The following shall apply:
(1)
A person conducting an itinerant food-handling establishment
shall secure a license or, if such person is the holder of a certificate,
the certificate, permit or license may be approved by this Board of
Health, and there shall be a fee of $10 charged for approval.
(2)
A license, or approval of a certificate, permit or
license issued by another Board of Health, is not transferable.
D.
Penalty. Any person who violates any provision of
or order promulgated under this chapter shall, upon conviction thereof,
be punished by payment of a penalty of not less than $5 nor more than
$500 for each violation.
[Amended 10-21-2014 by Ord. No. 2014-20]
A.
Any license issued under the terms and provisions
of this chapter may be suspended or revoked by the Board of Health
for the violation by the licensee of any provision of this chapter
or the code or whenever it appears that the business, trade, calling,
profession or occupation of the person to whom such license was issued
is conducted in a disorderly or improper manner or in violation of
any law of the United States or the State of New Jersey or any ordinance
of the Township, or that the person conducting the retail food establishment
is of an unfit character to conduct the same, or that the purpose
for which the license has been issued is being abused to the detriment
of the public or for a purpose foreign to that for which the license
was issued.
B.
A license issued under the terms and provisions of
this chapter shall not be revoked, canceled or suspended until a hearing
has been held by the Board of Health. Written notice of the time and
place of such hearing shall be served upon the licensee at least three
days prior to the date set for such hearing. The notice shall also
contain a brief statement of the grounds to be relied upon for revoking,
canceling or suspending such license. Notice may be given either by
personal delivery to the person to be notified or be deposited in
the United States Post Office in a sealed envelope, postage prepaid,
addressed to such person to be notified at the business address appearing
upon the license. At the hearing before the Board of Health the aggrieved
person shall have an opportunity to answer and may thereafter be heard;
upon due consideration and deliberation by the Board of Health, the
complaint may be dismissed, or, if the Board of Health concludes that
the charges have been sustained and substantiated, it may revoke,
cancel or suspend the license.
No provision in this chapter shall be so applied
as to impose any unlawful burden on either interstate commerce or
activity of the state or federal government.
[Added 11-15-1993 by Ord. No. 93-24]
A.
FOOD ESTABLISHMENT OPERATOR
FOOD HANDLER
FOOD SERVICE MANAGER
RETAIL FOOD ESTABLISHMENT
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The individual proprietor or the agent of the partnership,
corporation, firm or organization directly responsible for the overall
management of a retail food establishment.
Any person, whether employer or employee, who handles food
or drink during preparation or serving or who comes in contact with
any eating, drinking or cooking utensil or who works in a room in
which food or drink is prepared or served.
Any person responsible for the immediate supervision of food
handlers and other workers involved in the sanitary maintenance of
a retail food establishment. In an establishment having no employees
or a single employee, the food service manager is the food establishment
operator or the single employee.
Any fixed or mobile restaurant, coffee shop, cafeteria, short-order
cafe, luncheonette, grill, tearoom, sandwich shop, soda fountain,
tavern, bar, cocktail lounge, nightclub, roadside stand, industrial
feeding establishment, public organization or institution serving
food, catering kitchen, commissary, box-lunch establishment, retail
bakery, meat market, delicatessen, grocery store, public food market,
or similar place in which food or drink is prepared for retail sale
or for service on the premises or elsewhere, and any other retail
eating or drinking establishment or operation where food is served,
handled or provided for the public.
B.
C.
Certification requirements.
(2)
A person seeking certification as a food service manager
shall make application for certification to the Secretary of the Board
of Health on forms provided by the Secretary of the Board of Health
prior to assuming duties as a food service manager.
(3)
Upon the filing of an application with the Secretary
of the Board of Health, the name of the applicant shall be placed
on a temporary certification register. Such temporary certification
shall be valid until the next scheduled approved course and examination
are offered.
(4)
The Board of Health may waive the requirements of
an approved course and examination and may certify a food service
manager holding a current certification from another agency with substantially
equivalent standards.
D.
Expiration and renewal of certificate.
(1)
Certification as a food service manager shall expire
on January 31, three years from the date issued unless extended or
earlier terminated as hereinafter stated.
[Amended 4-19-2011 by Ord. No. 2011-6]
(2)
Certification as a food service manager may be renewed
upon application made on forms provided by the Secretary of the Board
of Health at least 30 days prior to expiration. The requirements for
such certification renewal shall be the same as for initial certification,
except that an applicant for certification renewal may request that
the course requirements be waived. If the Board of Health shall grant
such waiver, certification shall be renewed upon the applicant's successful
completion of an approved written examination.
(3)
After a food service manager has renewed certification
one time, subsequent renewals shall be issued upon application by
the food service manager, provided that certification is not otherwise
terminated.
E.
Causes for terminating certificate; reinstatement.
(1)
The Board of Health shall, from time to time, cause
inspections to be conducted and/or samples to be collected to determine
an establishment's compliance with Chapter 12 of the New Jersey State
Sanitary Code. The certification of all food service managers employed
in the establishment shall terminate forthwith if inspection results
in the following:
(2)
The reinstatement of certification as a food service
manager shall require compliance with the requirements of initial
certification as a certified food service manager.
F.
Training of food handlers.
(1)
Certified food service managers shall be responsible
for training food handlers under their supervision in the basics of
food sanitation. Food establishment operators shall be responsible
for assuring that organized training activities are conducted for
the training of all food handlers employed by the retail food establishment.
(2)
The Board of Health, upon its option, shall monitor
training activities conducted by the retail food establishment and
shall, where practicable, assist food service managers and food establishment
operators in developing an effective food handlers' training program.
