Township of Deptford, NJ
Gloucester County
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Table of Contents
Table of Contents

§ BH:3-1
DEFINITIONS. 

§ BH:3-2
ENFORCING OFFICIAL. 

§ BH:3-3
REGULATIONS GOVERNING LICENSES. 

§ BH:3-3.1
Application. 

§ BH:3-3.2
Duration. 

§ BH:3-3.3
Special license. 

§ BH:3-3.4
Display of license. 

§ BH:3-3.5
Fee. 

§ BH:3-4
HOURS OF SALE. 

§ BH:3-5
HEALTH CERTIFICATE REQUIRED. 

§ BH:3-6
INSPECTION. 

§ BH:3-6.1
Compliance with regulations required. 

§ BH:3-7
PREPARATION AND HANDLING OF FROZEN DESSERTS. 

§ BH:3-7.1
Temperature. 

§ BH:3-7.2
Refuse disposal. 

§ BH:3-7.3
Water supply. 

§ BH:3-7.4
Wash area. 

§ BH:3-7.5
Waste tank. 

§ BH:3-7.6
Uniforms. 

§ BH:3-7.7
Lighting. 

§ BH:3-7.8
Dessert wrappers. 

§ BH:3-7.9
Exemption for other use. 

§ BH:3-7.10
Glass windows and doors. 

§ BH:3-7.11
Operation from depot. 

§ BH:3-7.12
Containers. 

§ BH:3-7.13
Posting of instruction notice. 

§ BH:3-7.14
Compliance with state rules and regulations. 

§ BH:3-8
VIOLATIONS AND PENALTIES. 

§ BH:3-1 DEFINITIONS.

[Ord. No. 5-16-67; 1967 Code § 30-1]

As used in this chapter:

ADULTERATED
That a frozen dessert shall be considered adulterated when it is in a state or condition as described in N.J.S.A. 24:5-8.
FROZEN DESSERTS
Includes: ice cream, frozen custard, French ice cream, French custard ice cream, sherbet, fruit sherbet, ice milk, ice, water ice, quiescently frozen confection, quiescently frozen dairy confection, whipped cream confection, bisque tortoni, artificially sweetened ice milk as defined in the definitions and standards of identity adopted and promulgated as rules and regulations of the New Jersey State Department of Health.
MISBRANDING
That a frozen dessert shall be considered misbranded when it fails to meet the conditions described in N.J.S.A. 24:5-8.
MOBILE UNIT
Any vehicle on which frozen desserts are manufactured, prepared, processed or converted in form and which is used in selling and dispensing such products to the consuming public.

§ BH:3-2 ENFORCING OFFICIAL.

[Ord. No. 5-16-67; 1967 Code § 30-2]

The Board of Health or the Health Officer shall enforce the provisions of this chapter.

§ BH:3-3 REGULATIONS GOVERNING LICENSES.

§ BH:3-3.1 Application.

[Ord. No. 5-16-67; 1967 Code § 30-3A]

Applicants for a license under this chapter shall file an application with the Board of Health for each mobile unit used or operated in the Township. Application forms shall be supplied by the Board of Health. Licenses under the provisions of this chapter shall be in lieu of the requirements of licenses required by Section 4-2, Peddlers, Hawkers, Vendors, etc.

§ BH:3-3.2 Duration.

[Ord. No. 5-16-67; 1967 Code § 30-3B]

All licenses issued under this chapter shall expire on April 15 in each year, and there shall be no abatement for the issuance of a license under this chapter for nonuse, surrender and/or cancellation. Licenses shall not be transferable and must be surrendered after expiration before a renewal license can be issued.

§ BH:3-3.3 Special license.

[Ord. No. 5-16-67; 1967 Code § 30-3C]

A temporary special license for short periods of time not exceeding a total of seven days may be issued to circus groups, carnivals and other like groups when sponsored by local nonprofit, religious, charitable, educational, civic, veterans' organization, society, association, service group, volunteer First Aid and/or Fire Company, at a permit fee of $5 for the license.

§ BH:3-3.4 Display of license.

[Ord. No. 5-16-67; 1967 Code § 30-3D]

Licenses shall be conspicuously displayed on the licensed mobile unit.

§ BH:3-3.5 Fee.

[Ord. No. 5-16-67; Ord. No. 3-80; 1967 Code § 30-4; New]

A fee of $175 shall be paid by each applicant upon the issuance of each license. A license and fee shall be required for each mobile unit.

§ BH:3-4 HOURS OF SALE.

[Ord. No. 5-16-67; 1967 Code § 30-5]

The hours of sale for frozen desserts by mobile units shall be between 10:00 a.m. and 8:00 p.m., local time.

§ BH:3-5 HEALTH CERTIFICATE REQUIRED.

[Ord. No. 5-16-67; 1967 Code § 30-6]

A health certificate from a physician shall be required for operators and handlers of frozen desserts on mobile units to certify the operators and handlers are free of communicable diseases.

§ BH:3-6 INSPECTION.

§ BH:3-6.1 Compliance with regulations required.

[Ord. No. 5-16-67; 1967 Code § 30-7]

A mobile unit used in the sale of frozen desserts shall be maintained in a clean and sanitary manner and shall be subject to inspection prior to licensing and at any other time deemed necessary by the Board of Health or the Health Officer and shall fully comply with the laws of the State of New Jersey, the rules and regulations of the State Department of Health, the ordinances of the Township and the rules and regulations of the Board of Health.

§ BH:3-7 PREPARATION AND HANDLING OF FROZEN DESSERTS.

§ BH:3-7.1 Temperature.

[Ord. No. 5-16-67; 1967 Code § 30-8A]

An adequate temperature to prevent the thawing and spoilage of frozen desserts shall be maintained at all times. Storage compartments for the various items carried shall be maintained at a temperature of 45° F. or below.

§ BH:3-7.2 Refuse disposal.

[Ord. No. 5-16-67; 1967 Code § 30-8B]

A refuse container with a tight-fitting cover must be available for the deposit of papers and other solid wastes by customers and operators which is constructed, designed and placed so it can be readily used, cleaned and kept clean and located so it does not create a nuisance or allow litter.

§ BH:3-7.3 Water supply.

[Ord. No. 5-16-67; 1967 Code § 30-8C]

A potable water supply tank with a minimum capacity of 30 gallons, heated electrically or otherwise, and tilted toward a capped drain cock shall be provided. Water inlet pipe shall be of removable flexible copper or other tubing approved by the Health Official with the nozzle for hose connection capped when not being used. A hose for connection to potable water supply shall be provided and be equipped with an approved vacuum breaker and check valve.

§ BH:3-7.4 Wash area.

[Ord. No. 5-16-67; 1967 Code § 30-8D]

A hand wash sink, seamless, with running hot and cold water, soap and single service of individual towels or mechanical hand dryer shall be provided.

§ BH:3-7.5 Waste tank.

[Ord. No. 5-16-67; 1967 Code § 30-8E]

A suitable waste tank with capacity of at least equal to the water supply tank shall be provided, tilted toward a drain cock with an adequate method of gauging the contents. It shall be emptied and flushed as often as necessary in a sanitary manner in order to maintain sanitary conditions.

§ BH:3-7.6 Uniforms.

[Ord. No. 5-16-67; 1967 Code § 30-8F]

Persons handling frozen desserts shall be clothed in white, clean, washable uniforms.

§ BH:3-7.7 Lighting.

[Ord. No. 5-16-67; 1967 Code § 30-8G]

The mobile unit shall be well-lighted with at least thirty-footcandles of light intensity on all working surfaces.

§ BH:3-7.8 Dessert wrappers.

[Ord. No. 5-16-67; 1967 Code § 30-8H]

All frozen desserts shall be dispensed in individual paper wrappers or by single-service containers properly labeled.

§ BH:3-7.9 Exemption for other use.

[Ord. No. 5-16-67; 1967 Code § 30-81]

A mobile unit shall be used only for the sale of frozen desserts unless specific exemption is applied for in writing and granted by the Board of Health for the sale on such unit of other food products. Such permission shall appear on the license granted to such mobile unit.

§ BH:3-7.10 Glass windows and doors.

[Ord. No. 5-16-67; 1967 Code § 30-8J]

Serving windows and doors shall be made of glass and shall be kept closed at all times except when being used to serve customers.

§ BH:3-7.11 Operation from depot.

[Ord. No. 5-16-67; 1967 Code § 30-8K]

All mobile units other than those operating exclusively at fairs, outings, and carnivals of short duration shall operate from a depot and shall report to their respective depots for sanitizing at least once a day.

§ BH:3-7.12 Containers.

[Ord. No. 5-16-67; 1967 Code § 30-8L]

Flavors for use in making sundaes, shakes, etc., shall be kept in single-service containers or other type of container acceptable to the Health Official.

§ BH:3-7.13 Posting of instruction notice.

[Ord. No. 5-16-67; 1967 Code § 30-8M]

Notice shall be posted in service area of the mobile unit with instructions as to proper handling of food materials and containers, proper cleaning of equipment, utensils and appurtenances, and proper waste disposal.

§ BH:3-7.14 Compliance with state rules and regulations.

[Ord. No. 5-16-67; 1967 Code § 30-8N]

All mobile units shall be in compliance with all rules and regulations governing the preparation and handling of frozen desserts promulgated by the New Jersey State Department of Health for mobile units, as amended and/or supplemented and any other statutory provisions applicable thereto.

§ BH:3-8 VIOLATIONS AND PENALTIES.

[New]

Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction thereof, be liable for the penalty established in Section BH:1-3 of this Code.