[HISTORY: Adopted by the Mayor and Council
of the Borough of Dunellen as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-1-1976]
All retail food establishments shall comply with Chapter 12 of the New Jersey State Sanitary Code relating to the construction, operation and maintenance of retail food establishments, and all violations are hereby declared to be nuisances hazardous to health.[1]
[1]
Editor's Note: See N.J.A.C. 8:24-1 et seq.
A.
It shall be unlawful for any person(s) or any body corporate to conduct a retail food establishment, as defined in and governed by Chapter 12 of the New Jersey State Sanitary Code relating to the construction, operation and maintenance of retail food establishments, without first having procured a license from the Borough Council upon the recommendation of the County Health Officer, or to conduct said activities without complying with any or all of the provisions concerning the construction, operation and maintenance of the same as contained in the aforementioned Chapter 12 of the New Jersey State Sanitary Code.
B.
The annual license fee to be paid for conducting a
retail food establishment shall be the sum of $125. The fee for a
temporary, one-day retail food establishment is set at $25 per day.
[Amended 4-7-2008 by Ord. No. 08-10]
C.
The license granted by the Council shall expire on
the 30th day of June of each year.
Any person who violates any provision of or
order promulgated under this article or code shall, upon conviction
thereof, be punished by a fine not exceeding $500 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.
[Adopted 11-7-1994 by Ord. No. 094.09]
[Amended 5-5-2003 by Ord.
No. 03.20]
Pursuant to the Authority of N.J.S.A. 26:3-31(j),
and in accordance with the provision of the New Jersey State Sanitary
Code, Chapter XII, Sanitation in Retail Food Establishments, etc.
(effective January 1, 1992), the following regulations are hereby
adopted.
The within regulation shall be known as Regulation
156A-1, Retail Food Handling Training Regulation.
As used in this article, the following terms
shall have the meanings indicated:
Any movable restaurant, truck, van, trailer, cart, bicycle,
watercraft or other movable unit, including hand-carried, portable
containers in or on which food or beverage is transported, stored,
or prepared for retail sale or given away at temporary locations.
Any food which consists in whole or in part of milk or milk
products, eggs, meat, poultry, fish, shellfish, edible crustaceans,
raw seed sprouts, heat-treated vegetables and vegetable products or
other ingredients, including synthetic ingredients in a form capable
of supporting rapid and progressive growth of infectious or toxigenic
microorganisms or the slower growth of C. botulinum. The term does
not include foods which have a pH level of 4.6 or below or a water
activity (aw) value of 0.85 or less.
Any fixed or mobile restaurant; coffee shop; cafeteria; short-order
cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain;
tavern; bar; cocktail lounge; nightclub; roadside stand; industrial
feeding establishment; private, public or nonprofit organization,
institution, or group preparing, storing or serving food; catering
kitchen; commissary; box lunch establishment; retail bakery; meat
market; delicatessen; grocery store; public food market or any similar
place in which food or drink is prepared for retail sale or service
on the premises or elsewhere; and any other retail eating or drinking
establishment or operation where food is served, handled or provided
for the public with or without charge; except that agricultural markets,
covered dish suppers or similar type of infrequent church or nonprofit
type institution meal services shall meet the special provision of
the N.J.A.C. 8:24-8; provided that any food and beverage vending machine
shall meet the requirements of N.J.A.C. 8:24-8 to 8:24-11; provided
further that bed-and-breakfast and community residences, as defined,
meet the provisions of N.J.A.C. 8:24-13.
Any retail food establishment which operates at a fixed location
for a temporary period of time in connection with a fair, carnival,
circus, public exhibition or similar transitory gathering, including
church suppers, picnics or similar organizational meetings, mobile
retail food establishments as well as agricultural markets.
No retail food establishment, fixed, temporary
or mobile, shall serve potentially hazardous food products within
the Borough of Dunellen unless and until one or more supervisory personnel
are certified in food safety and sanitation at least once every three
years through a course of instruction approved by the State Department
of Health. Organizations or groups which hold periodic gatherings
and meals should have a responsible officer of the group certified
in food safety.
It shall be the responsibility of the owner,
operator or supervisory personnel in immediate charge of the establishment
to provide proof of such program completion to the satisfaction of
any authorized Sanitary Inspector requesting same.
In addition to such other actions authorized
by the New Jersey State Sanitary Code, the authorized Sanitary Inspector
is hereby authorized to file a summons and complaint against any establishment
which does not meet the requirements hereof. Said complaint shall
be in the name of the Borough of Dunellen and shall be returnable
before and be under the authority and jurisdiction of the Municipal
Court of the Borough of Dunellen.
The owner, operator or person in immediate charge
of a temporary or mobile retail food establishment who is unable upon
request of an authorized Sanitary Inspector to reasonably and satisfactorily
establish attendance and successful completion of an approved food
handlers training program, as defined herein, shall, upon a finding
of guilt, be subject to a fine not to exceed $250. Upon a second conviction
hereunder, the defendant shall be subject to a fine not to exceed
$500. Upon a third or subsequent conviction, the defendant shall be
subject to a fine not to exceed $750 and imprisonment for a term not
to exceed five days. Any penalty recovered in any such action shall
be paid to the Treasurer of the Borough of Dunellen.
