[HISTORY: Adopted by the Board of Health of the Township of Washington 5-20-1968
(Ch. BH-V of the Revised General Ordinances); amended in its entirety 6-26-2007
by Ord. No. 1-07. Subsequent amendments noted where applicable.]
A code regulating retail food establishments and fixing penalties for
violations thereof is hereby established pursuant to N.J.S.A. 26:3-69.1 to
26:3-69.6. A copy of the code is annexed to this chapter and made a part of
it without the inclusion of the text herein.
The code established and adopted by this chapter is and shall be commonly
known as the " Sanitation in Retail Food Establishments and Food and Beverage
Vending Machines (2007) (Chapter 24, N.J.A.C. 8:24)," and this chapter shall
hereafter be cited and known by the short title of "Chapter 24 for the Township
of Washington."
Three copies of the Sanitation in Retail Food Establishments and Food
and Beverage Vending Machines (2007) have been placed on file in the office
of the Secretary of the Board of Health and the Township Clerk for use and
examination by the public.
A.
It shall be unlawful for any person or any body corporate
to construct, alter or operate a retail food establishment, as defined in
and governed by the Sanitation in Retail Food Establishments and Food and
Beverage Vending Machines (2007), without first having procured approval from
the Board of Health to do so or without complying with any or all of the provisions
concerning operation and maintenance of the same as contained in the aforementioned
code.
B.
All licenses shall expire on July 15 each year and shall
be renewed for the ensuing year prior to continued operation of the retail
food establishment.
C.
Suspension or revocation of license; hearings.
(1)
Any license issued under the terms and provisions of
this chapter may be suspended or revoked by the Board of Health of the Township
for the violation by the licensee of any provision of this chapter or the
Sanitation in Retail Food Establishments and Food and Beverage Vending Machines
(2007).
(2)
A license issued under the terms and provisions of this
chapter shall not be revoked, canceled or suspended until a hearing thereon
shall have been had by the Board of Health. Written notice of the time and
place of such hearing shall be served upon the licensee at least seven days
prior to the date set for such hearing. Such notice shall also contain a brief
statement of the grounds to be relied upon for revoking, canceling or suspending
such license. Notice may be given either by personal delivery thereof to the
person to be notified or by depositing said notice in the United States Post
Office in a sealed envelope, postage prepaid, addressed to such person to
be notified at the business address appearing upon the license. At the hearing
before the Board of Health, the person aggrieved shall have an opportunity
to answer and may thereafter be heard, and, upon due consideration and deliberation
by the Board of Health the complaint may be dismissed, or, if the Board of
Health concludes that the charges have been sustained and substantiated, it
may revoke, cancel or suspend the license held by the licensee.
(3)
If any permit is revoked, neither the holder nor any
person acting for him, directly or indirectly, shall be entitled to another
permit to carry on the same business within the Township unless the application
for a permit is approved by the Board of Health.
D.
Exception. No provision of this section shall be applied
so as to impose any unlawful burden on either interstate commerce or any activity
of the state or federal government.
E.
Food handlers.
(1)
Training of food handler.
(a)
Any person employed in a retail food establishment who
routinely comes into contact with food, beverages, utensils or food equipment
shall be required to attend and successfully complete a retail food handler's
course to be conducted under the direction of the Board of Health within six
months of the date of hire.
(b)
Each food handler shall be required, every three years,
to attend and successfully complete the Washington Township food course or
equivalent course approved by the Washington Township Health Officer.
(2)
Certification of certified food protection manager.
(a)
No Risk Type 2 or Risk Type 3 food establishment, as
defined by N.J.A.C. 8:24-1.5, shall operate after July 15, 2008, without a
food protection manager with a current food safety certification acquired
through a course of instruction approved by the New Jersey State Department
of Health as required by N.J.A.C. 8:24-2.1.
(b)
All food protection managers shall obtain a food safety
certificate by July 15, 2008.
(c)
No retail food license shall be issued to a perspective
establishment that does not have a currently certified food protection manager.
(d)
Each Risk Type 2 and Risk Type 3 retail food establishment
must notify the Department of Health, in writing, within 15 days, in the event
that their certified food protection manager ceases to be employed by the
establishment as food protection manager.
(e)
In the event that a newly hired food protection manager
does not possess a current New Jersey food protection manager's certificate,
the establishment shall provide the Department of Health with written notice
of the anticipated date of completion and location of the food protection
manager's training course and the name of the employee who will attend.
A.
Fees for permitting.
(1)
The fees for acquiring a permit to construct or permit
to alter a retail food establishment shall be:
(a)
For the filing of an application and plans for a permit
to locate and construct a new retail food establishment, the fee shall be
$200. To file a revision, the fee shall be $50.
(b)
For the filing of an application and plans for a permit
to alter an existing retail food establishment, the fee shall be $50. To file
a revision, the fee shall be $25.
B.
Fees for licensing.
(1)
The fee for a preoperational reinspection shall be $25.
(2)
Retail food establishment, permanent location.
(a)
The fee for a retail food establishment license, permanent
location, shall be based on the square footage of the retail food establishment,
to be calculated as follows:
|
Square Feet
|
Permit Fee
| |
|---|---|---|
|
0 to 2,000
|
$100
| |
|
2,001 to 5,000
|
$150
| |
|
5,001 to 10,000
|
$200
| |
|
10,001 and above
|
$250
|
(b)
The square footage of a retail food establishment shall
include all areas of the establishment, including but not limited to dining
areas, food preparation areas, food storage areas, hallways and rest rooms.
(3)
The fee for a temporary retail food establishment, including
seasonal agricultural market, shall be $50.
(4)
The fee for a license to sell prepackaged nonperishable
foods only shall be $50.
(5)
The fee for a mobile retail food license shall be $100.
(6)
The fee for a retail food establishment permit for a
nonprofit religious, charitable, civic, educational or service organization
to operate or to conduct a special event shall be $1.
(7)
(8)
An annual license fee of $25 per machine shall be charged
for each machine vending prepackaged nonperishable items such as canned or
bottled sodas and juice, candy, chips, etc., or potentially hazardous foods
or bulk food or beverage items such as coffee, etc., except the fee shall
be $1 per machine if the machine is located within a nonprofit religious,
charitable, civic, educational or service organization.
(9)
The fee for failure to obtain, within 15 days of expiration,
the current annual license to operate shall be $5 per day until the license
is made current.
Any person who violates any provision of this chapter or code established
herein shall, upon conviction thereof, be liable to a penalty of not less
than $5 or more than $500 for each violation. Each day a particular violation
continues shall constitute a separate offense.
