[HISTORY: Adopted by the Bloomfield Board of Health 12-1-1976 as Ch. 8 of the 1976 Revised Ordinances (Ch. 305 of the 1987 Code). Amendments noted where applicable.]
The wrapping of any food products which do not have any protective covering in newspapers, previously used paper or bags is prohibited.
A temporary food-service establishment shall comply with the requirements of this chapter and Chapter XII of the State Sanitary Code, except as otherwise provided in this chapter. The regulatory authority may impose additional requirements to protect against health hazards related to the conduct of the temporary food-service establishment and may prohibit the sale of the same or of all potentially hazardous foods.
Restrictions on operation.
These provisions are applicable whenever a temporary food-service establishment is permitted.
The preparation or service of potentially hazardous foods, including hamburgers, frankfurters, pastries filled with cream or synthetic cream, custards and similar products and salads or sandwiches containing meat, poultry, eggs or fish, is prohibited. This prohibition does not apply to any potentially hazardous food that has been prepared and packaged under conditions meeting the requirements of Chapter XII of the State Sanitary Code, is obtained in individual servings, is stored at a temperature of 45° F. or below or at a temperature of 140° F. or above in facilities meeting the requirements of Chapter XII of the State Sanitary Code and is served directly in the unopened container in which it was packaged.
Temporary food establishment permits granted under § 133-2C(2) are subject to review and approval of the Board of Health and the recommendation of the Director of Health. Applicants must prove nonprofit eligibility under the ordinance to the satisfaction of the Board of Health. Each facility must be inspected and approved by the Department of Health. All food items must be approved for sale by the Board of Health and must be prepared according to Department of Health specifications. The time and place of the sale of food is to be specified on the permit and limited only to those times specified. The Board of Health will cause each facility to be inspected as it deems necessary and may impose additional restrictions or requirements to protect the public health.
All bread or bakery products offered or intended for sale shall, upon sale or when transported or handled for sale or delivered in vehicles or otherwise, be suitably wrapped in paraffin paper or other clean covering in such manner as to protect completely the bread or bakery products from dirt and dust or from harmful contact in handling.
All bread and bakery products delivered to other than the ultimate consumer in the Township shall be delivered within said store or other premises. No delivery on the sidewalk or in front of said store or other premises prior to opening is permitted.
No person shall be employed in or work or be engaged in the business or occupation of manufacturing, handling or serving food, foodstuffs or beverages intended or suited for human consumption unless such person shall first obtain a food handler's certificate from the Board of Health.
No retail food establishment shall hereinafter operate, within the time limitations hereinafter provided, unless at least one person connected with said establishment, who is responsible for the general sanitation of the establishment and who is hereafter referred to as the "supervisor," shall have completed a course of general instruction in bacteria characteristics and growth, spread of foodborne diseases, methods of preventing food poisoning, proper handling techniques, equipment and establishment sanitation, dishwashing and sanitation and insect and rodent control.
Such course of instruction may be given by this Board of Health or by some other agency with a course approved by this Board of Health. On completion of said course of instruction, said supervisor shall be given a certificate indicating satisfactory completion of said course.
Said certificate shall be issued for one year and shall be renewed from time to time as the Health Officer may direct, either by requirement of additional courses or the review of the entire course or by such other requirements within the framework of this section as the Health Officer may direct.
The supervisor of food-service personnel shall be given a certificate issued by the approved course of instruction indicating that he has attended the necessary course of instruction hereinabove set forth and has indicated an understanding thereof.
The Board of Health through its Health Officer shall establish a general course of instruction for supervisors herein referred to within six months of the date of the passage of this chapter. Thereafter, each food-handling establishment shall designate to said Board of Health the person or persons that it will nominate as supervisors of food personnel, and those persons shall be notified and shall attend the aforementioned course of general instruction.
Within three months of the establishment and completion of the first course of general instruction as hereinabove set forth, no food establishment shall operate unless the supervisor of food-service personnel employed in the establishment shall have successfully completed the course of general instruction hereinabove set forth.
No person affected with any communicable disease which may be transmitted through food or who is a carrier of a causative agent of any such disease shall handle food or food products intended for sale or distribution which are likely to be consumed raw or liable to convey infective material.
No person who resides, boards or lodges in a household where he may come in contact with any person affected with amoebic or bacillary dysentery, diphtheria, scarlet fever, paratyphoid fever or typhoid fever, nor any person who is a carrier of the causative agent of any such disease, shall handle food or food products intended for sale or distribution.
No waiter, cook or other employee of a boardinghouse, hotel or restaurant or other place where food is served who is affected with any communicable disease which may be transmitted through food or food products and no person who is a carrier of the causative agent of any such disease shall prepare, serve or handle food for others in any manner whatsoever.
No waiter, cook or other employee of a boardinghouse, hotel or restaurant or other place where food is served who lodges or visits in a household where he comes in contact with any person affected with amoebic or bacillary dysentery, diphtheria, scarlet fever, paratyphoid fever or typhoid fever or with any person who is a carrier of the causative agent of any such disease shall serve or handle food for others in any manner whatsoever.
Food kept for sale and every place in which food is kept for sale or stored shall be maintained in a clean and sanitary condition.
No meats, vegetables or bakery products of any kind whatsoever that have been exposed to dirt, filth or contagion at any place or shall have been produced, packed, prepared, manufactured or stored in any place not in a clean and sanitary condition shall be sold or exposed for sale in the Township.
Every building, room or place where any bakery products, meats, confections or foods are manufactured, made or displayed for sale shall be lighted, drained, plumbed and ventilated according to requirements of the ordinances of the Board of Health of the Township and in such manner as will ensure such building, room or place being in a sanitary condition. All doors, windows and other openings shall be screened with screens of not less than No. 16 mesh and so as to prevent the entrance of flies and other insects, between April 1 and October 31 of each year.
No beverage, fruit juice or beverage having milk or cream as an ingredient therein or part thereof shall be sold or distributed at retail in the Township in a bottle or similar container unless such container is hermetically sealed or capped at the opening with a waterproof cap or caps covering the entire top of the container and extending down all sides thereof a sufficient length so as to entirely cover the pouring lip or surface of the container.
It shall be the duty of every manufacturer, dealer or other person who manufactures or sells in the Township any artificial or natural mineral, spring or other water for drinking purposes to file with the Board of Health the name of such water and the exact location from which it is obtained, together with the chemical and bacteriological analysis thereof, and, when manufactured, the exact formula used in its production, giving, qualitatively and quantitatively, each and every item entering into its composition.
No coin vending machine for the sale of milk, soup, coffee, unbottled beverages, fruit juices, cake, pastry, pie, sandwiches and ice cream shall be permitted in the Township unless such machine is licensed by the owner or operator thereof for the specific location where such machine is operated, and after such machine shall have been inspected and approved by the Board of Health. Applications for said license shall be on forms approved by the Board of Health.
No meats, seafood, confectionery or other articles to be sold or offered or intended for sale for human food shall be displayed or stored on the sidewalk or outside any place of business or in any open door or window, nor shall they be transported upon a public highway or private way unless such articles are covered by cases of glass, wood, metal, paper or other proper covering. No vegetables or fruit to be sold for human food shall be displayed or stored except in clean receptacles.
No bakery or dairy food products or food prepared for immediate consumption, such as cooked meats, mincemeats, pickles, sauerkraut or candy, shall be displayed except in glass cases or under proper cover.
No meats, seafood, confectionery or other articles to be sold or offered or intended for sale for human food shall be stored or displayed in any store except such fruits, vegetables, meats, seafoods, confectionery and other articles which are placed on a raised platform 18 inches from the floor level or otherwise suitably protected from contamination from the floor and the refuse thereon.
No meat, fish, poultry, shellfish, milk, cream, buttermilk, butter or other milk products or pastries having custard or cream filling or topping nor any one or more of such foods shall be kept, stored or displayed in any store or shop in the Township unless such foods are so kept, stored or displayed in a case, compartment or room where the temperature therein shall be 45° F. or below at all times during such keeping, storing or displaying.
No store in which food is sold shall be directly connected with any sleeping rooms. Every such store shall be separated from any room used as a dwelling, apartment or tenement by a solid partition from floor to ceiling.
All meat markets or other places where meat is sold or distributed must be kept clean, well-lighted and ventilated.
The back room of the meat market must be kept free from filth and be at all times in a sanitary condition.
No live poultry or animals used for human food shall be kept or killed in any such market or on the market premises.
Every person owning or managing any store, shop or commission house where meats, fish, fruit or vegetables are kept or offered for sale or sold and every person owning or managing any hotel, restaurant or boardinghouse is required to provide receptacles with close-fitting covers, for the disposition of all garbage from their premises, of a type which will prevent all odors from escaping therefrom into the premises. No person shall remove any such garbage from such receptacles after it has been deposited therein except for the purpose of transporting the same for the destruction or other disposal thereof; such receptacles shall, from time to time, be thoroughly cleaned and disinfected.
Live poultry shall not be kept in the same room or compartment in which meats are prepared, stored or exposed for sale, nor shall live poultry be kept in any room adjoining such room or compartment.
No food or drink for human consumption which has been exposed to the emanation or infection of any communicable disease or is unwholesome shall be brought into or held or offered for sale in the Township.
If any food product is found by the Health Officer to be in a condition which is unsafe or unwholesome for human food, it shall be the duty of the Health Officer to affix to said articles labels on which shall be written or printed the words "Condemned by direction of the Board of Health, Township of Bloomfield, New Jersey." When anything included within the provisions of this section shall be found in numbers, quantity or bulk, the Health Officer shall be required to affix but one such label to a conspicuous part of the box, tin, basket, compartment or other place or thing containing such condemned article or thing.
No person shall destroy, deface, conceal, interfere with or remove any label affixed by the Health Officer of the Board, as aforesaid.
It shall be the duty of the owner or person in charge of any article that has been condemned to immediately convey the same to such place as may be designated by the Health Officer of the Board. Such article shall not be sold or offered for sale or in any way disposed of, and in case the owner or person in charge shall fail, neglect or refuse to remove said article within three hours after having been notified to do so, the same may be removed by the Health Officer of the Board at the expense of the owner or person in charge.
Hamburger, chopped meat, ground meat, chopped or ground beef or patties shall consist of chopped fresh beef, with or without the addition of beef fat as such, and shall not contain more than 30% beef fat.
Lamb patties or chopped or ground lamb shall consist of chopped fresh lamb, with or without the addition of lamb fat as such, and shall contain not more than 30% lamb fat.
Pork patties or chopped or ground park shall consist of chopped fresh pork, with or without the addition of pork fat as such, and shall contain not more than 30% pork fat.
Veal patties or chopped or ground veal shall consist of chopped fresh veal, with or without the addition of veal fat as such, and shall contain not more than 30% veal fat.
Seasoning. Any addition of seasoning by spices, flavorings and/or colorings added may be designated as such without specifically naming each ingredient. When applicable, the statement in question alone shall appear upon bulk products displayed and upon all prepackaged products offered for sale.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- GREASE TRAP
- Shall be given its normal definition in the retail food industry. A device used to collect oil and grease at the entrance of the wastewater pipe system and preventing the oil and grease from traveling through the wastewater pipe system and preventing the oil and grease from traveling through the wastewater pipes into the wastewater system of the Township. A grease trap must be installed in such a manner as to facilitate easy inspection and cleaning.
- MAINTENANCE OF GREASE TRAPS
- Grease traps must be maintained and inspected to ensure that they are never allowed to reach more than 3/4 of their capacity.
- RETAIL FOOD ESTABLISHMENT
- Shall be given its normal definition in the industry. A retail food establishment includes all retail businesses which process and/or serve food and food products.
Installation and maintenance of grease traps.
Grease traps shall be maintained and inspected to ensure efficient operation. Grease traps shall be easily accessible for cleaning and inspection. The grease trap installation shall be in continuous operation at all times.
Grease trap cleaning shall be done biweekly. A maintenance log including the time, date and signature of the person performing the cleaning shall be kept on the premises and shall be readily available for inspection by the Director of Health and his/her designee. If it is determined that the system is not sufficient, the cleaning shall be increased or a larger unit shall be installed. Inspection records shall be maintained for a minimum period of five years.
Grease trap additives shall only be used with the approval of the Director of Health or his/her designee. All removed material shall be disposed of in accordance with all state and federal regulations. All maintenance logs and manifests shall be maintained on the premises and made available upon request at the time of inspection by the Director of Health and his/her designee. These logs and records shall be maintained for a minimum period of five years.
All food establishments must employ at their own expense a licensed plumbing inspector to conduct an annual inspection of their grease traps and connecting wastewater lines to ensure that waste oil and grease is being adequately removed from the wastewater being discharged into the sewer system and the wastewater being introduced into the sewer system is less than 140° F. The licensed plumber conducting the inspection shall provide a formal inspection report to both the food establishment and to the Township Department of Health. This inspection report must contain the plumber's observations with regard to the efficiency of the grease trap, the amount of oil and grease found in the connecting wastewater lines, the percentage of oil and grease being removed from wastewater being discharged into the sewer system, the temperature of the wastewater being discharged into the sewer system and the maintenance and efficiency of the grease trap. The formal inspection shall be submitted within three weeks of the inspection date.
Effective January 1, 2004, no food establishment will be issued a license to operate within the Township without presenting the plumbing inspection and inspection logs to the Department of Health with the license application.
An inspection fee, in addition to the annual food establishment license fee, shall be imposed upon any food establishment as follows:
For each inspection carried out pursuant to a complaint when such inspection results in a determination that said establishment is in violation of the State Sanitary Code or of any municipal ordinance or state and federal regulation relating thereto.
For each reinspection carried out after either a failure of the regular inspection or failure of an inspection carried out pursuant to a complaint as set forth in this section.
There shall be a fee for each inspection in the amount of $60.
For all new construction or installation, waste disposals and commercial dishwashers shall not discharge into the grease trap.
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punished by a fine not exceeding $1,000 or imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or a combination thereof, and each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offence.