[HISTORY: Adopted by the Mayor and Council of the Borough of Hamburg 3-28-1979.
Amendments noted where applicable.]
GENERAL REFERENCES
Retail food-handling establishments — See Ch. 224.
As used in this chapter, 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.
Includes 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 utensils, 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, private or public organization or institution serving
food establishment, 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 other retail eating or drinking establishment or operation
where food is served, handled or provided for the public with or without charge.
The staff of every retail food establishment shall include at least
one certified food service manager. An establishment shall not be issued a
retail food establishment license unless its staff includes a certified food
service manager. The following types of retail food establishments are specifically
exempt from the provisions of this chapter:
B.
A person seeking certification as a food service manager
shall make application for certification to the Clerk of the Board of Health
on forms provided by the Clerk of the Board of Health prior to assuming duties
as a food service manager. Upon filing of an application with the Clerk 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. 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.
[Amended 12-5-1983]
A.
Certification as a food manager shall expire on December
31 of each year unless extended or earlier terminated as hereinafter stated.
B.
Certification as a food service manager may be renewed
upon application made, on forms provided by the Clerk 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.
C.
After a food service manager has renewed certification
one time, subsequent renewal shall be issued without further action on the
part of the food service manager provided certification is not otherwise terminated.
A.
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:
B.
Reinstatement of certification as a food service manager
shall require compliance with the requirements of initial certification as
a certified food service manager.
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 that organized training activities are conducted
for the training of all food handlers employed by the retail food establishment.
The Board of Health 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.
The fees for certification of food service manager are fixed as follows:
A.
Maximum penalty. Any person violating any of the provisions
of any chapter adopted by the Board of Health of the borough shall, upon conviction
thereof, pay a penalty of not less than $5 nor more than $500 for each offense.
Complaint shall be made in the Municipal Court of the borough or before another
judicial officer having authority under the laws of the State of New Jersey.
The Court shall have the power to impose other and additional penalties provided
by N.J.S.A. 26:3-77 and 26:3-78.
B.
Separate violations. Except as otherwise provided, each
and every day in which a violation of any of the provisions of any chapter
adopted by the Board of Health exists shall constitute a separate violation.
C.
Collection of fees and penalties. All fees and penalties
collected under any provision of any chapter adopted by the Board of Health
shall be paid to the Treasurer of the borough.
