Without in any way limiting the generality of any other provision
of this article, the provisions of this article shall be construed
to include the manufacture, production, packing, possession, exposure,
offer for sale, sale, dispensing or giving away of any article of
food or beverages.
For the purpose of this article, food or beverages shall be
deemed adulterated if either of them falls within the definition,
construction, context, intent or meaning of Title 24 of the New Jersey
Revised Statutes, 1937, or any amendments thereto or supplements thereof.
For the purpose of this article, food or beverages shall be
deemed misbranded if either of them would be deemed misbranded within
the definition, construction, context, intent or meaning of Title
24 of the New Jersey Revised Statutes, 1937, or any amendments thereto
or supplements thereof.
A.
Manufacture, expose for sale, offer for sale, sell, use or keep any
food or beverages for human use or consumption which has been exposed
to any contamination or infection from any communicable disease or
is believed to have been exposed to contamination or infection from
any communicable disease, or which is unfit, unwholesome, impure,
decayed, diseased, mislabeled or adulterated.
B.
Distribute or sell, or offer or expose for sale, or have in his possession
with intent to sell, or manufacture for distribution or sale, any
food or drink which differs in purity, quality or strength from the
standards adopted and published in accordance with Title 24 of the
New Jersey Revised Statutes, 1937, or any amendments thereto or supplements
thereof.
C.
Handle or dispense any food or beverages within the Township while
suffering from or possessed of any communicable disease.
D.
Keep any dog, cat or other animal in, or allow or permit it to enter,
any store, building, place or establishment within the Township where
food or beverages are kept, manufactured, sold or handled for commercial
purposes.
E.
Place or transport a child in baskets or carts furnished by a food
establishment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
No person shall, within the Township, operate or conduct any
restaurant, food establishment or other place where food or beverages
are prepared, sold, served, dispensed or delivered without first having
obtained from the Health Office a health certificate in the form and
as required of the persons mentioned in this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
No person shall set or peddle any article of food from any wagon,
pushcart, truck or other vehicle or from house to house or in or at
any public place without first having obtained a license from the
Health Office so to do. Such selling or peddling shall be limited
to the articles of food covered by the license.
B.
There shall be displayed on all vehicles used for any of the purposes
aforesaid such plate or card as may be furnished by the Health Office,
evidencing the permission of the Health Office to use the vehicle
for the purpose aforesaid.
The owner, proprietor or other person in charge of any food
establishment, vehicle or place where food or beverages are handled,
sold or distributed in the original sealed package or container in
which they were received shall maintain and observe all of the following
minimum sanitary standards:
A.
Single-service straws and spoons shall be protected from flies, dust,
dirt and other contamination.
B.
All refuse, including unconsumed portions of food, used straws and
spoons, together with all paper, cellophane or similar wrappings which
have come in contact with food, shall be kept in tightly covered receptacles.
The owner, proprietor or other person in charge of any food
establishment, vehicle or other place where food or beverages are
handled, prepared, sold or distributed in a manner other than in the
original sealed package or container in which they were received shall
maintain and observe all of the following minimum sanitary standards:
A.
All foods and beverages shall at all times be adequately protected
from flies, dust, dirt and other contamination.
B.
Food and beverages likely to spoil shall be kept in such manner and
at such temperature as to prevent spoilage.
C.
The interior of all places, rooms, compartments and vehicles shall
be adequately ventilated and lighted and shall be maintained in a
clean condition.
D.
All counters, tabletops, shelves, boxes, refrigerators and other
receptacles in or upon which food or beverages are stored, prepared,
handled, displayed or served shall be kept clean. All countertops
and tabletops shall be constructed of nonabsorbent materials.
E.
Clean outer garments shall be worn by all persons when engaged in
the handling, preparation, sale or serving of food or beverages.
F.
Adequate facilities for washing hands, including clean hot water,
powdered or liquid soap and clean individual towels, shall be provided
at a place convenient for the use of all persons engaged in the handling,
preparation, sale or serving of food or beverages. All persons engaged
in the handling, preparation, sale or serving of food or beverages
shall wash their hands thoroughly with soap and water before commencing
work and after using the toilet.
G.
All dishes and other utensils in or with which food or beverages
come in contact or which are used by customers, and all knives, forks,
spoons, cups, glasses and similar articles used by customers in the
consumption of food or beverages, except single-service utensils,
shall, after such contact or use and before reuse, be thoroughly cleansed,
for at least two minutes, in hot soapy water or a hot alkaline solution
and immediately rinsed or immersed in clean water of a temperature
of at least 180° F. for at least two minutes, or shall be cleansed
and treated in some other manner approved by the Board.
H.
An abundant supply of hot and cold water for the proper conduct of
the business shall be readily available at all times.
I.
Water used or made available for use for drinking or culinary purposes
or for the cleansing of any utensils shall be of a quality safe for
such use and shall meet all standards of quality fixed by the Commissioner
of Health of the State of New Jersey.
J.
Adequate toilet facilities shall be provided for all employees.
K.
Every toilet, toilet room or washroom maintained in or in connection
with such premises shall be kept clean.
L.
All toilet rooms and compartments shall be ventilated by a window
or duct opening to the outer air and be so located and constructed
that odors therefrom will be prevented from reaching any room in which
food or beverage is stored, prepared or served.
M.
All garbage, decomposable or waste animal and vegetable material,
all refuse incident to the conduct of every food or beverage vending
or food or beverage preparation establishment and all single-service
utensils and paper, cellophane and similar wrappings which have come
in contact with food must at all times be kept covered to prevent
access of flies and escape of foul odors.
N.
All reasonable means shall be employed to keep all rooms, places
or compartments free from rats, mice, roaches and other vermin.
Single-service utensils or single-service containers shall not
be used a second time.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Food offered or exposed for sale, except such as is protected
by containers or wrappings, shall not be handled or permitted to be
handled by any customer or prospective customer prior to the actual
purchase thereof. Placards containing this section shall be posted
if required by the Health Office.
No common drinking cup shall be furnished to nor kept where
accessible to customers or employees.
Towels and soap furnished or made available for the use of employees
or customers shall be of the single-service type.
No dishwater, drainage from plumbing fixtures or other foul
or putrescible waste liquids from or produced in connection with such
premises shall be permitted to accumulate on the surface of the ground
or be disposed of in a manner which may pollute any water supply or
create a nuisance.
No person shall live or sleep or be allowed to live or sleep
in any room, compartment, vehicle or conveyance where food intended
for sale or distribution is handled, produced, manufactured, packed,
distributed or sold.
A.
No person shall store, keep, hold, sell or offer for sale any food,
beverage or other article intended for consumption unless the building,
store, place or establishment where the same is stored, kept or held,
sold or offered for sale is screened in warm weather and at all times
maintained in a clean and wholesome condition and unless said articles
are at all times preserved in a wholesome condition and protected
against dust, flies, rodents and vermin and kept safe for human consumption.
B.
The word "person" as used in the previous section shall include the
owner, lessee or proprietor of the said place, the manager or persons
in charge thereof and any other person actively engaged in the handling
of any such food, beverage or article in or about said premises.
No person shall sell or expose for sale any food or beverage
that is decayed, putrified or has become chemically or physically
changed so that it is unwholesome or unfit for consumption or that
has been exposed to contamination or infection of any communicable
disease.
No exposed food shall be offered for sale from shelves, counters
or other containers which shall be less than six inches from the floor
of the store or place in which the same is exposed for sale.
No food shall be stored, displayed, sold or exposed for sale
from or on the sidewalk, entrance passageway or other surfaces outside
of any building.
No bottles or other containers used for the delivery of food
or beverages shall be stored or left standing in any public place
in the Township.
[Amended 9-17-2018 by Ord. No. 18-13]
No person shall operate any food-processing or beverage-processing
establishment in the Township without first having obtained a permit
from the Health Office so to do.
[Amended 9-17-2018 by Ord. No. 18-13]
A.
Every establishment referred to in this article shall be subject
to inspection during all business hours by the Health Officer or his/her
designee.
B.
Every such establishment shall at all times conform to and comply
with all sanitary regulations contained herein and in accordance with
N.J.A.C. 8:24 and affecting or concerning the handling, manufacture,
preparation, storage, sale or exposure of all food or beverages.
C.
Grease
trap installation and maintenance.
[Added 11-9-2020 by Ord. No. 20-13]
(1)
GREASE TRAP
MAINTENANCE OF GREASE TRAPS
RETAIL FOOD ESTABLISHMENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Shall be given its normal definition in the retail food industry.
A device used to collect oil and grease at the entrance of the wastewater
pipe system and preventing the oil and grease from traveling through
the wastewater pipe system into the wastewater system of the Township.
A grease trap must be installed in such a manner as to facilitate
easy inspection and cleaning.
Grease traps must be maintained and inspected to ensure that
they are never allowed to reach more than 3/4 of their capacity.
Shall be given its normal definition in the industry. A retail food establishment includes all retail businesses which process and/or serve food and food products and is also defined by Chapter 24 of the Retail Food Code of New Jersey.
(2)
Installation and maintenance of grease traps.
(a)
Grease traps shall be maintained and inspected to ensure effective
operation. Grease traps shall be easily accessible for cleaning and
inspection. The grease trap installation shall be in continuous operation
at all times.
(b)
Grease trap cleaning shall be done as needed. A maintenance
log, including the time, date and signature of the person performing
the cleaning, shall be kept on the premises and shall be readily available
for inspection by the Health Officer and his/her designee. If it is
determined that the system is not sufficient, the cleaning shall be
increased or a larger unit shall be installed. Inspection records
shall be maintained for a minimum period of five years.
(c)
Grease trap additives shall only be used with the approval of
the Health Officer or his/her designee. All removed material shall
be disposed of in accordance with all state and federal regulations.
All maintenance logs and manifests shall be maintained on the premises
and made available upon request at the time of inspection by the Health
Officer and his/her designee. These logs and records shall be maintained
for a minimum period of five years.
(d)
All food establishments must employ, at their own expense, a
licensed plumber to conduct an annual inspection of their grease traps
and connecting wastewater lines to ensure that waste oil and grease
is being adequately removed from the wastewater being discharged into
the sewer system and the wastewater being introduced into the sewer
system is less than 140° F. The licensed plumber conducting the
inspection shall provide a formal inspection report to both the food
establishment and to the Township Department of Health. This inspection
report must contain the plumber's observations with regard to
the efficiency of the grease trap, the amount of oil and grease found
in the connecting wastewater lines, the percentage of oil and grease
being removed from wastewater being discharged into the sewer system,
the temperature of the wastewater being discharged into the sewer
system and the maintenance and effectiveness of the grease trap. The
formal inspection shall be submitted within three weeks of the inspection
date. Each food establishment shall cooperate with the Health Officer
and his/her designee in the furnishing of copies of maintenance logs
to the Township Department of Health. Inspections by the Health Officer
and his/her designee shall be conducted at least annually or more
frequently if the Health Officer and his/her designee determines that
grease traps contain more than 3/4 of their capacity or if other conditions
exist which warrant more frequent inspections.
(e)
No food establishment will be issued a license to operate within
the Township without presenting the plumbing inspection and inspection
logs to the Department of Health with the license application, except
those establishments which sell packaged goods and/or do not produce
products that require a grease trap.
(f)
An inspection fee, in addition to the annual food establishment
license fee, shall be imposed upon any food establishment as follows:
[1]
For each inspection carried out pursuant to a complaint when
such inspection results in a determination that said establishment
is in violation of the State Sanitary Code or of any municipal ordinance
or state and federal regulation relating thereto.
[2]
For each reinspection carried out after either a failure of
the regular inspection or failure of an inspection carried out pursuant
to a complaint as set forth in this section.
[3]
There shall be a fee for each inspection in the amount of $100.
(g)
For all new construction or installation, waste disposals and
commercial dishwashers shall not discharge into the grease trap.
(h)
Any person or entity who is in violation of the provisions of this section shall be subject to a fine not to exceed the maximum penalty permitted under § 1-1 of Chapter 1, General Provisions, of the Code of the Township of Washington, and a court appearance for violations of this section shall be mandatory. Each violation of any of the provisions of this section and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
A.
No person shall sell, offer for sale or expose for sale any horse
meat or horse flesh unless a license shall have first been obtained
from the Board covering each establishment, premises, vehicle or conveyance
used therefor.
B.
No horse flesh or horse meat shall be sold, offered for sale or exposed
for sale in the Township unless the animal from which the same originated
was slaughtered in a United States government-licensed slaughterhouse
and unless every carcass, piece and parcel thereof so exposed for
sale shall have conspicuously attached thereto a label or tag, not
less than three inches wide and four inches long, on which there shall
be printed or stamped, in letters not less than one inch in height,
the words "horse flesh."
A.
No person shall expose for sale or offer for sale or otherwise dispose
of, or have in his possession for sale or disposal, within the Township,
any meat or any part of any animal from which meat is obtained unless
said animal has been examined, both before and after slaughter, by
the Veterinary Inspector or other qualified officer of the United
States government, or by the Veterinary Inspector or other qualified
officer of the Board of Health of a municipality having a system of
inspection equal to that adopted by the United States Bureau of Animal
Husbandry.
B.
All meat or meat products offered for sale in the Township shall
be subject at all times to reinspection and condemnation by the Health
Officer.
C.
No person shall offer or expose for sale, or sell or otherwise dispose
of, within the Township, or be possessed of, any meat or meat products
unless the factory or establishment where the same are manufactured,
processed or put up bears the approval of the United States Department
of Agriculture or the approval of the Board of Health of the municipality
in which the same is located whose standards are equal to those adopted
by the United States Department of Agriculture.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
No person shall sell, expose for sale or offer for sale, cut or process
any meat on a vehicle or on the public streets within the Township.
It shall be unlawful to sell, expose for sale or offer for sale
any fish within the Township unless the place from which the same
is sold, exposed or offered for sale fully complies in all respects
with all of the following:
A.
All floors thereof shall be of nonabsorbent material.
B.
Ice refrigerators shall have drain permanently connected indirectly
into a proper trap and vented fixture to a separate sewer line and
shall be flushed daily with fresh water.
C.
All tabletops and countertops shall be of nonabsorbent material.
Portable wooden cutting or chopping boards are permitted but they
must be thoroughly washed and scrubbed daily and kept reasonably smooth.
D.
All fish markets or places where fish is sold shall have thorough
ventilation, self-closing doors, running water (separate from washing
basins) and at least two metal garbage cans of adequate size and fitted
with tight covers for fish scraps, which cans shall be removed and
emptied daily.
E.
All doors and windows shall be screened from May 1 to October 1 in
each year. Window screens shall be of permanent type.
F.
Toilet and hand-washing facilities shall be provided for fish handlers.
G.
Only wholesome and edible fish and fish products shall be sold for
human consumption.
H.
All fish showcases shall be internally lined with nonabsorbent material.
The fact that, with respect to one or more specific articles
of food or beverage or kinds of business, certain regulations have
been prescribed under this article, shall not in any way be taken
to limit or affect the obligations of every person to fully and in
all other respects comply with all the other provisions of this code
applicable to any business in which said person may be engaged or
applicable to any product which he may process, distribute, handle,
store, sell, offer for sale or exhibit.
[Added 10-17-1983 by Ord.
No. 83-13]
A.
Every food establishment shall employ one or more food establishment
supervisors. At least one food establishment supervisor shall be physically
present on the business premises of every food establishment during
all times when such establishment is in operation, whether or not
the public is admitted thereto at such times. The following food establishments
are exempt from these requirements:
(1)
Food establishments containing only vending machines.
(2)
Food establishments selling only prepackaged soda, alcoholic beverages
or candies not prepared or processed thereat, or any combination of
such items.
(3)
Seasonal vendors or their successors doing business in the Township
of Washington for less than 90 days per year.
B.
Every food establishment subject to the requirements of Subsection A shall display the certificate of every food establishment supervisor employed thereat in a prominent location clearly visible to the public and adjacent to its food establishment license.
D.
Food establishment supervisors shall be certified according to the
following procedures:
(1)
The Health Office shall prepare or adopt a training course covering
hygiene, food poisoning, food handling, personal sanitary practices
and related public health matters. This training shall include both
comprehensive written materials and classroom instruction.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
The Health Office shall prepare or adopt a form of examination testing
applicants' knowledge of the matters covered in the training course.
The Health Officer, with the advice and consent of the Board of Health,
shall set the minimum passing grade.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
Every applicant for certification shall pay a single fee of $5 for
participation in the training course, testing and issuance of a certificate
upon successful completion.
(4)
Every applicant shall either complete the training-course, including
classroom instruction, or study the written materials, before first
taking the examination.
(5)
An applicant who fails the examination must repeat the training course,
including all classroom instruction sessions, before repeating the
test.
(6)
Upon successful completion of the examination, the Department of
Health shall issue a certificate to the applicant.
E.
A certificate granted to a food establishment supervisor shall be
nontransferable, valid only for the grantee, and valid from the date
of issue thereof. No certified food establishment supervisor shall
allow any other person to use such certificate for any purpose.
F.
A food establishment shall notify the Health Officer, in writing,
within 10 days after any food establishment supervisor commences or
terminates employment thereat.
G.
Every food establishment, whether or not subject to the requirements of Subsection A above, shall conduct a self-inspection at least once each calendar month. This inspection shall review compliance with applicable statutes, ordinances, rules and regulations regarding food, health and sanitation practices. Findings of each self-inspection shall be set down in writing and retained by the food establishment for not less than one year after the date of the inspection. These written findings shall be available for review by the Health Officer or his designee upon request. If an establishment employs one or more food establishment supervisors, then the self-inspection shall be conducted by a food establishment supervisor so employed, who shall sign the written findings.
H.
The Health Officer may suspend or revoke any certificate granted
to a food establishment supervisor, for good cause shown and after
written notice and opportunity for hearing before the Advisory Health
Board. Said notice shall inform the food establishment supervisor
of the nature of the charges against him and shall afford him the
opportunity for such hearing. Any action taken by the Health Officer
may be appealed, in writing, to the Township Council of the Township
of Washington within 20 days of said action. On appeal, the Township
Council shall conduct a de novo hearing and shall have full power
to affirm, reverse or modify such action by majority vote. A failure
of the Township Council to so act shall be deemed an affirmance of
the action appealed from.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
