§ BH:2-1SANITATION IN RETAIL FOOD ESTABLISHMENTS AND FOOD AND BEVERAGE
§ BH:2-1.1Adoption of Code by reference.
§ BH:2-1.2Title of Code.
§ BH:2-1.3State Code on file.
§ BH:2-2.1License required.
§ BH:2-2.2Fees established.
§ BH:2-2.3Suspension or revocation.
§ BH:2-2.4Exception for state or federal legislation.
§ BH:2-2.5Waiver of fees for certain organizations.
§ BH:2-2.6Penalties for violation.
§ BH:2-3FOOD HANDLERS' AND FOOD MANAGERS' COURSES.
A Code regulating retail food handling establishments and food and beverage vending machines providing for the inspection of such establishments and fixing penalties for violations, is hereby established pursuant to N.J.S.A. 26:1A-9. A copy of the Code is made a part hereof without the inclusion of the text thereof herein.
The Code established and adopted by this chapter is the New Jersey Sanitary Code, Chapter 12, "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines," as well as N.J.A.C. 8:24-1.1 et seq. as may be amended from time to time.
A copy of the State of New Jersey Sanitary Code, Chapter 7, has been placed on file in the office of the Board of Health and will remain on file there for the use and examination of the public.
It shall be unlawful for any person or any body corporate to conduct a retail food establishment, as defined in N.J.S.A. 24:1-1 et seq. without first having procured a license from the local Board of Health so to do or without complying with any or all of the provisions concerning operation and maintenance of the same as contained in Chapter 12 of the New Jersey Sanitary Code.
The license referred to herein shall expire annually on October 31. Each application for a new license shall be accompanied by a nonrefundable application fee of $10. Any person or body corporate holding a valid license may make application for renewal of same for which there shall be no fee. All applications referred to herein shall be made on or before October 1 of each year.
The license fees for retail food establishments, payable upon the issuance of such license, are hereby established as follows:
Retail food establishments, permanent locale:
Supermarkets: $250. "Supermarkets" shall be defined as any and all establishments that offer to consumers meats, groceries, fruits, produce and sundry items.
Restaurants, nursing and boarding homes with a seating or serving capacity greater than 20 persons, taverns and fast-food establishments: $125.
Luncheonettes, nursing and boarding homes with a seating or serving capacity of 20 or fewer persons, convenience groceries, meat markets, delicatessens and roadside stands: $75.
Barbecues, soda fountains (pharmacies), exclusively take-out establishments and bingo places: $50.
Nonprofit institutional establishments: $50.
The fee for any license issued prior to May 1 of any year shall be the full fee as stated herein. The fee for any license issued on or after May 1 of any year shall be 50% of the amount stated herein.
Temporary retail food establishments, per diem: $20.
Any license issued under the terms and provisions of this section may be suspended or revoked by the Board of Health of the Township for the violation by the licensee of any provision of this section or for any violation of Chapter 12 of the State Sanitary Code or whenever it shall appear that the business, trade, calling, profession or occupation of the person, firm or corporation to whom such license was issued is conducted in a disorderly or improper manner or in violation of any law of the United States, the State of New Jersey, or any ordinance of this Municipality, or that the person or persons conducting the retail food establishment is of an unfit character to conduct the same, or that the purpose for which the license has been issued is being abused to the detriment of the public, or is being used for a purpose foreign to that for which the license was issued.
A license issued under the terms and provisions of this section shall not be revoked, canceled or suspended until a hearing thereon shall have been held by the Board of Health. Written notice of the time and place of such hearing shall be served upon the licensee at least three days prior to the date set for such hearing. The notice shall also contain a brief statement of the grounds for revoking, canceling or suspending such license. Notice may be given either by personal delivery to the person to be notified or be deposited 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.
If any such license shall have been revoked, neither the holder thereof nor any person acting for him, directly or indirectly, shall be entitled to another license to carry on the business within the Township unless the application for such license shall be approved by the Board of Health.
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.
The Board of Health, upon application to the same, may waive the fees required by this section for and in behalf of any religious, charitable, civic or other like organizations.
Any person, firm or corporation who shall violate any of the provisions of this section shall, upon conviction, be subject to the penalty established in Section BH:1-3 of this Code.
It is recommended that all existing retail food establishments, including restaurants, diners and any other establishment selling, preparing or serving food excluding prepackaged food in the Township of Deptford should meet the following requirements to obtain a food handlers license. The owner, manager or employee in charge of other employees serving food should successfully complete a course prescribed by the Board of Health. There are two such courses, an eighteen-hour food managers course and a three-hour food handlers course.
These food handlers' courses pertain to food safety health education, sanitization, personal hygiene, foodborne illness, dishwashing and sanitizing procedures, microorganisms, insects and rodents, and other health related matters. The certificate of satisfactory completion of the three-hour food handlers course is valid for three years from the date of issuance, and the eighteen-hour certificate of satisfactory completion for the food managers course is effective for four years from the date of issuance.