For the purposes of this article, the terms used herein are
defined as follows:
Any article of food or drink, a source of food or drink,
a method, a device or a piece of equipment which meets the requirements
of this Board or the State Department of Health.
Any person who handles food or drink during preparation or
serving or who comes in contact with any eating or cooking utensil
or who is employed in a room in which food or drink is prepared or
served, including the term "person" as further defined.
The Health Officer or other official possessing a license
issued by the State Department of Health under the provisions of N.J.S.A.
26:1A-41 who is designated by the Board of Health to enforce this
chapter, except plumbing inspectors and public health laboratory technicians.
The placard with the rating given to the retail food establishment
at the conclusion of inspection by the local health department.
All confectionery and every article used as food or as drink
for human consumption, and all articles used for components of any
such article.
An individual, firm, corporation, association, society or
partnership and its agents or employees.
Restaurants, taverns, box-lunch establishments, bakeries,
meat markets, delicatessens, luncheonettes, caterers, soda fountains,
food vending vehicles, grocery stores and any other place in which
food or drink is prepared or stored for public consumption, distribution
or sale at retail, including vehicles used in connection therewith,
and all places where water for drinking or culinary purposes is available
for public use.
Every delivery of food, whether the same is by direct sale
or the solicitation or acceptance of an order for food, including
the exchange, barter, traffic in, keeping and exposing for sale, displaying
for sale, serving with meals, delivering for value, peddling, possessing
with intent to sell and the gratuitous delivery or gift of any food
by any licensee or person to whom a food certificate has been issued
or by any other person.
The process of rendering eating or drinking utensils free
from disease-producing bacteria so that they have been cleansed and
disinfected as to have a total bacterial count of not more than 100
per utensil when sampled in accordance with approved methods in an
approved laboratory.
Any kitchenware, tableware, glassware, cutlery, containers
or other equipment with which food or drink comes in contact.
A.
No person shall conduct, maintain or operate a food establishment
without first obtaining from this Board a license, certificate, permit,
or license so to do.
C.
Licenses issued under the provisions of this article, unless sooner
forfeited or revoked by this Board, shall expire annually on the 31st
day of December of each year. A late fee of $50 per month shall be
assessed for each month or portion thereof a license is renewed after
January 31.
D.
New food establishments licensed on or after July 1 through December
31 shall pay 1/2 of the annual fee for a license to operate.
E.
A license may be suspended or revoked for a violation by the holder
of any provisions of this article or chapter.
F.
No license is transferable by sale or otherwise.
G.
Such license shall be posted in a conspicuous place in such establishment
or, if an itinerant establishment, shall be readily available for
display.
H.
All fees for licenses shall be paid to the Board of Health.
I.
Food vendors shall apply and pay for a retail food license no later
than five business days prior to the event where they are selling
food and/or beverages. If the Registered Environmental Health Specialist
grants the licensure after review of the application, observance of
Chapter 24 of the New Jersey State Sanitary Code, N.J.A.C. 8:24, shall
be strictly upheld and enforced. The operation shall be subject to
inspection at any time.
J.
At any time during a temporary event that a vendor is found to be
in violation of a local or state ordinance, the local board of health,
or its authorized agent, has the authority to enforce the vendor to
leave the premises.
K.
All licensed retail food establishments and vendors must abide by
the regulations set forth in the New Jersey State Sanitary Code, N.J.A.C.
8:24.
L.
Every retail food establishment must post the most current evaluation
placard in one of the following prominent locations clearly visible
to the patron:
(1)
The main entrance door from four to six feet off the ground or floor;
(2)
A front window within five feet of the main entrance;
(3)
A display case mounted on the outside wall within five feet of the
main entrance;
(4)
If there is no direct entrance to the street, the Health Department
shall determine an appropriate posting location in prominent public
view.
M.
The Board of Health or its designated agent shall retain the right
to close, in its discretion, any establishment that has maintained
a conditionally satisfactory posting for 30 or more consecutive days.
N.
If three consecutive inspections of a retail food establishment resulting
in conditionally satisfactory or unsatisfactory postings shall occur,
a mandatory Board of Health hearing shall take place to determine
whether the retail food establishment's license will be suspended
or revoked.
The enforcing official may take and examine samples of food,
drink and other substances in accordance with Chapter 24, Regulation
8.4, of the New Jersey State Sanitary Code, N.J.A.C. 8:1-1 et seq.
The enforcing official shall inspect every retail food-handling
establishment in accordance with Chapter 24, Regulation 8.2, of the
New Jersey State Sanitary Code, N.J.A.C. 8:1-1 et seq.
Retail food-handling establishments shall comply with the rules
and regulations as set forth in Chapter 24 of the New Jersey State
Sanitary Code, Construction, Operation and Maintenance of Retail Food
Establishments.
Refer to Regulation 8.8 in Chapter 24 of the New Jersey State
Sanitary Code, N.J.A.C. 8:1-1 et seq.
Refer to Regulation 8.4 in Chapter 24 of the New Jersey State
Sanitary Code, N.J.A.C. 8:1-1 et seq.
A.
FOOD
FOOD HANDLER'S CERTIFICATION
PERSON IN CHARGE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Includes any substance used or intended to be used as food
or drink for human consumption.
A certificate issued by the Board of Health of Chatham or
any other agency recognized by the Board of Health of Chatham.
Any person charged with the responsibility of overseeing
the operations, including the supervision of employees engaged in
the preparing, processing and sale of food or drink intended for human
consumption, be it for on- or off-premises consumption.
B.
Certificate required.
(1)
No establishment shall be open for business in the preparing, processing
and sale of food or drink intended for human consumption without having
a person in charge on the premises who has a current food handler's
certificate.
(2)
At least one person on each shift shall have a current food handler's
certificate.
(3)
The food handler's certificate shall not be issued or granted
to any person unless the person seeking such food handler's certificate
shall have first completed an approved course of general instruction
in health education, sanitation, personal hygiene, food protection,
dishwashing procedures and other related health matters.
C.
Application for certificate; course.
(1)
No establishment shall operate for more than 30 days without the
person in charge employed in that establishment applying for a food
handler's certificate.
(2)
No establishment shall operate for more than three months without
the person in charge employed in that establishment completing an
approved course of instruction in food-handling techniques.
D.
No person to whom a food handler's certificate is issued or
granted shall give, loan, transfer or permit the same to be used by
any other person, for any purpose whatsoever.
No person in charge of or in control of any park, playground,
railroad station, theater, hotel, boardinghouse, factory or any other
public place shall furnish or permit any common drinking cup or utensil
to be used.
