Township of Livingston, NJ
Essex County
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Table of Contents
Table of Contents
[Adopted 11-5-1979 as §§ 14-1 and 14-75 to 14-78 of the 1979 Revised General Ordinances]
No person shall manufacture, sell, peddle, vend, offer for sale or deliver to any person in the Township any food or drink for human consumption which:
A. 
Has not been manufactured, prepared, handled, stored, sold or served under such conditions as to cleanliness, sanitation and protection from contamination as are prescribed by the laws, regulations and requirements of the state and Township ordinances for food and drink manufactured, prepared, handled, stored, sold or served in the Township; or
B. 
Has been exposed to any communicable disease; or
C. 
Is unfit, unwholesome, impure, decayed or diseased; or
D. 
Contains or has been exposed to any foreign or injurious contamination; or
E. 
Is misbranded or adulterated within the meaning of Chapter 5 of Title 24 of the Revised Statutes of New Jersey, or of the Federal Food, Drug and Cosmetic Act.
A. 
Selling from vehicle. No person shall sell, peddle, vend, offer for sale or deliver to any person any food, food product or drink, including ice cream, ice cream products and frozen confections, from any conveyance or vehicle within the Township, without first obtaining a food license issued by the Division of Health.
B. 
Transportation of food. No person shall sell or transport for sale any food except raw fruits and raw vegetables in any vehicle or device unless the same be wrapped, packaged or covered in such manner as to adequately protect the contents from dust, dirt and all foreign or injurious contamination. All vehicles used in the transport, sale or delivery of food shall be kept in a sanitary condition at all times.
A. 
Whenever any substance intended as food or drink for human consumption is offered or exposed for sale, or held in possession with intent to sell, and which is, in the opinion of the Health Officer, unfit for human consumption or liable to cause or transmit any disease, the Health Officer is authorized to order the same removed and disposed of.
B. 
It shall be the duty of the owner or person in charge of such substance to immediately remove and dispose of the same, at his own expense, according to the directions of the Health Officer.
C. 
In case the owner or person in charge shall fail to immediately remove and dispose of such substance if so ordered, the Health Officer is authorized to remove or cause the same to be removed at the expense of the said owner or person in charge.
The owner, proprietor or person in charge of every food establishment, vehicle, or other place where food and drink for human consumption is manufactured, prepared, handled, sold, stored, served or transported, shall permit the Division of Health or its authorized representatives to take such samples of food or drink as may be necessary upon tender of payment thereof and shall permit copying of any and all records of food purchased.
Unless another penalty is expressly provided herein, any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine of not less than $50 nor more than $1,000, or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.