Township of Manalapan, NJ Article III Retail Food-Handling Establishments

[Adopted 8-22-1995 by Ord. No. BH:1995-4]

§ 256-11 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.

§ 256-12 Title.

[Amended 5-22-2007 by Ord. No. BH:2007-11]

Said code established and adopted by this chapter is described and commonly known as Chapter 24 of the New Jersey State Sanitary Code, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, hereinafter "Chapter 24."

§ 256-13 Copies on file.

[Amended 5-22-2007 by Ord. No. BH:2007-11]

Three copies of said Chapter 24 have been placed on file in the office of the Secretary of this local Board of Health for use and examination by the public.

§ 256-14 Definitions.

[Amended 5-22-2007 by Ord. No. BH:2007-11]

As used in this chapter, terms shall have meanings as defined in N.J.A.C. 8:24-1.5.

§ 256-15 Retail food establishments.

No person shall operate a retail food establishment unless a license shall first be issued by the Health Department. Such license shall be posted in a conspicuous place. Said license shall be null and void upon change in ownership, trade name or location. A license shall be updated in the event of a modification to the licensed establishment that results in an increase in seating capacity and/or square footage. Whenever the food preparation, storage or service areas of a retail food establishment are modified, plans and specifications related to the modification must be submitted to the Health Department for review, approval and inspection.

§ 256-16 Mobile retail food establishments.

No person shall operate a mobile retail food establishment unless a license shall first be issued by the Health Department. Such license shall be posted in a conspicuous place. Said license is null and void upon change in ownership, trade name or specific mobile unit originally licensed. Mobile units shall have a permanent means of identification such as a VIN (vehicle identification number) or state registration number that differentiates one unit from another.

§ 256-17 Temporary retail food establishments and special events/season vendor retail food establishments.

[Amended 12-6-2011 by Ord. No. BH:2011-03]

A. No person shall operate a temporary retail food establishment for events 14 days or less in duration unless a license shall first be issued by the Health Department. Such license shall be posted in a conspicuous place. Said license is null and void upon change in ownership, trade name, location or food preparation unit, if applicable.

B. No person shall operate a special event and/or seasonal retail food establishment unless a license shall first be issued by the Health Department. Such license shall be posted in a conspicuous place. Such license is null and void upon change in ownership, trade name, location or food preparation unit, if applicable. Such license shall allow for up to seven dates of operation (whether consecutive or not) during any calendar year.

§ 256-18 Outside market food establishments.

No person shall operate an outside market food establishment unless a license to sell prepackaged foods and/or fresh produce shall first be issued by the Health Department. Such license shall be posted in a conspicuous place. Said license is null and void upon change in ownership or trade name. An individual license is required for separate areas that are not contiguous.

§ 256-19 Fees.

[Amended 3-26-2002 by Ord. No. BH:2002-01; 2-25-2003 by Ord. No. BH:2003-01; 5-22-2007 by Ord. No. BH:2007-11]

Fees for licenses shall be as follows:

A. Retail food establishments selling only fresh produce or prepackaged foods that are not potentially hazardous in nature shall be charged $125.

[Amended 4-26-2011 by Ord. No. BH:2011-01; 10-25-2022 by Ord. No. BH:2022-02]

B. Mobile retail food establishments shall be charged $100.

[Amended 10-25-2022 by Ord. No. BH:2022-02]

C. (Reserved)[1]

[1] Editor's Note: Former Subsection C, regarding establishments selling packaged frozen desserts, was repealed 10-25-2022 by Ord. No. BH:2022-02.

D. Fees.

[Amended 10-25-2022 by Ord. No. BH:2022-02]

(1) The following fees shall be submitted to the Township of Manalapan for inspections and issuance of food handler's licenses:

(a) Temporary food establishments (to be open less than seven days): $35.

(b) One to 50 seats or less than 3,000 square feet: $125.

(c) Fifty-one to 200 seats or 3,000 square feet to 10,000 square feet: $250.

(d) Two hundred one seats or more than 10,000 square feet: $375.

(2) Late fees. Every licensed personnel who fails to complete his/her renewal application as of January 31 of the licensing year shall be assessed a late fee equaling 50% of the license fee. The late fees are set forth as follows:

(a) One to 50 seats: $60 late fee.

(b) Fifty-one to 200 seats: $125 late fee.

(c) Two hundred plus seats: $200 late fee.

E. Each public school building with a food service cafeteria shall be charged 90% of the license fee as set forth in § 256-19D.

F. Temporary retail food establishments shall be charged $35. This license shall expire 14 days after issuance.

G. Seasonal retail food establishments shall be charged $125.

[Added 12-6-2011 by Ord. No. BH:2011-03[2]; amended 10-25-2022 by Ord. No. BH:2022-02]

[2] Editor's Note: This ordinance also provided for the redesignation of former Subsection G as Subsection H.

H. Review of plans; inspections.

[Amended 8-25-2009 by Ord. No. BH2009-01; 10-25-2022 by Ord. No. BH:2022-02]

(1) Review of plans and inspections for any modification to a licensed establishment's food preparation, storage or service area where no additional space is added, as evidenced by the application for construction permits, shall be $125.

(2) Review of plans and inspections for any modification to a licensed establishment's food preparation, storage or service area (other than restaurants) when not exceeding 4,000 square feet of new or additional food service area or construction of a new retail food establishment not exceeding 4,000 square feet, all as evidenced by the application for construction permits, shall be $225.

(3) Review of plans and inspections for any modification to a licensed establishment's food preparation, storage or service area (other than restaurants) in excess of 4,000 square feet or construction of a new retail food establishment in excess of 4,000 square feet, all as evidenced by the application for construction permits, shall be $450.

(4) Review of plans and specifications for any modification to a licensed establishment's food preparation, storage or service area (other than restaurants) in excess of 10,000 square feet or construction of a new retail food establishment in excess of 10,000 square feet, all as evidenced by the application for construction permits, shall be $750.

(5) Review of plans and specifications for any modifications to a licensed restaurant establishment's food preparation, storage or service area with a seating capacity less than 100 seats, all as evidenced by the application for construction permits, shall be $250.

(6) Review of plans and specifications for any modifications to a licensed restaurant establishment's food preparation, storage or service area with a seating capacity of 100 or more seats, all as evidenced by the application for construction permits, shall be $500.

I. [3]Reinspection fee for conditional or unsatisfactory rating.

[Added 5-25-2010 by Ord. No. BH:2010-1]

(1) First occurrence within two-year period of initial conditional or unsatisfactory rating: no charge.

(2) Second occurrence within two-year period: $100.

(3) Third occurrence within two-year period: $250.

(4) Fourth occurrence within two-year period: $500.

[3] Editor's Note: Former Subsection H, regarding construction of a new retail food establishment, and which immediately followed this subsection, was repealed 8-25-2009 by Ord. No. BH2009-01.

§ 256-20 Expiration, suspension or revocation of license.

A. Licenses issued or approved under the provisions of this chapter shall expire on June 30 of each year, and application for renewal thereof shall be submitted together with the required fee prior to July 1 of each year.

B. A license issued upon demonstration of compliance with Chapter 24 may be suspended or revoked for violation by the holder of any provision of this chapter or code after an opportunity for a hearing by the Board of Health or its authorized representative.

[Amended 5-22-2007 by Ord. No. BH:2007-11]

C. A license or approval of a license issued by another Board of Health from another municipality or jurisdiction is not transferable.

§ 256-21 Refrigeration of perishable foods.

[Added 5-28-2002 by Ord. No. BH:2002-03; amended 5-22-2007 by Ord. No. BH:2007-11]

Food that is required to be kept at refrigerated or frozen temperatures as set forth in Chapter 24, must be stored in mechanically powered equipment (powered by gas or electricity) that maintains the required temperatures. In no case shall fish, shellfish or uncured, uncooked meats be sold in outdoor environments. However, the Health Officer may, upon adequate proof make such exceptions in the discretion of the Health Officer to the refrigeration requirements of this section, provided:

A. The food is stored in insulated containers, is fully surrounded in ice from an approved source and the food product does not exceed temperatures as set forth in Chapter 24; and

B. Fresh fish and shellfish can be displayed for sale on ice from an approved source in indoor facilities; and

C. Frozen dessert can be stored in mechanically powered equipment that is disconnected from its power source at the time of retail sale, provided that the food shall be maintained at temperatures as set forth in Chapter 24 and at such temperatures as shall maintain the integrity of the frozen desert.