[HISTORY: Adopted by the Board of Health of the Township
of Fredon 3-2-1970 (Ch. BH-II of the 1972 Revised General Ordinances). Amendments noted
where applicable.]
GENERAL REFERENCES
Fees — See Ch. 245.
A.
A code regulating retail food handling establishments, providing
for the inspection of such establishments, and fixing penalties for
violations is hereby adopted. A copy of the code is annexed hereto
and made a part hereof without the inclusion of the text thereof herein.
B.
The Code established and adopted by this chapter is described and
commonly known as the "Retail Food Establishment Code of New Jersey
- 1965."
Three copies of the "Retail Food Establishment Code of New Jersey - 1965"
have been placed on file in the office of the secretary of the Board
of Health of the Township and will remain on file for the use and
examination of the public.
[Amended by Ord. No. BH:1-77]
As used in this chapter, the following terms shall have the
meanings indicated:
The individual proprietor, partners, or the corporation,
firm or organization representative directly responsible for the overall
management of a retail food establishment.
Any person in a retail food establishment who routinely comes
into contact with food, beverages, utensils, or food equipment.
Any person responsible for the immediate supervision of food
handlers and other workers involved in the sanitary maintenance of
a retail food establishment. In an establishment having no employees,
the food establishment operator is considered to be the food service
manager.
A retail food establishment, mobile food establishment, or
agricultural market as defined in Chapter 12 of the New Jersey State
Sanitary Code.
A.
Permit required. No person shall operate a retail food-handling establishment
unless a permit shall have been issued by the Township Board of Health.
Such permit shall be posted in a conspicuous place in such establishment.
C.
Expiration. Permits issued under the provisions of this chapter shall
expire annually on December 31 and application for renewal thereof
shall be submitted, together with the required fee, prior to December
10 of each year.
D.
Itinerant establishments. A person conducting an itinerant retail food handling establishment shall secure a permit, or if such person is the holder of a certificate, permit, or license issued by a Board of Health of another jurisdiction, such certificate, permit or license may be approved by the Township Board of Health, and there shall be a fee as set forth in § 245-2A for such approval.
[Amended 4-1-1974]
E.
Revocation or suspension. A permit or approval of certificate, permit
or license, may be suspended or revoked for violation by the holder
of any provision of this chapter, or the Code hereby adopted, after
an opportunity for hearing by the Board of Health or its authorized
representatives.
F.
Transferability. A permit is not transferable nor is an approval
transferable of a certificate, permit or license issued by another
Board of Health.
[Amended 4-1-1974]
G.
Hearing. A permit issued under the terms and provisions of this chapter
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 a hearing shall be served upon the permittee
at least three 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 permit. Notice may be
given either by personal delivery thereof to the person to be notified,
or deposited in the United States Postal Service in a sealed envelope
postage prepaid addressed to such person to be notified at the business
address appearing upon the permit at least five days prior to the
date set for the hearing. 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 concludes
that the charges have been sustained and substantiated, it may revoke,
cancel or suspend the permit held by the permittee.
H.
Enforcement. The provisions of this chapter shall be enforced by
the Sussex County Health Department.
[Added by Ord. No. BH:1-82; amended by Ord. No.
99-06]
[Added by Ord. No. BH:1-77]
A.
Certified food service manager required for operation of establishment.
B.
Responsibilities for food handler training.
(1)
The certified food service manager shall train food handlers in the
basics of food sanitation. The food establishment operator shall be
responsible for seeing that organized training activities are conducted.
(2)
The Health Department will be available to assist the food service
manager and operator in developing an effective food handler training
program.
C.
Exemptions. The following types of retail food establishments are
specifically exempt from the requirements of this section:
(1)
Agricultural markets.
(2)
Retail food establishments whose only products are factory-sealed
or prepackaged food products that do not require refrigeration.
(3)
Any other simple retail food operation which, in the judgment of
the Board of Health, would not reasonably necessitate a resident certified
food service manager.
D.
Application for certification. A food service manager seeking certification
shall make application to the Board of Health or its authorized agent
within 30 days following the effective date of this chapter. A food
service manager beginning work after this date shall make application
at least 30 days prior to assuming such duties. Where 30 days' advance
notice is not possible, application shall be made as soon as the applicant
knows that he or she is to be a food service manager.
E.
Certification requirements. An applicant shall be registered as a
"certified food service manager" upon successful completion of the
following:
(1)
Attendance at a course on the principles of food sanitation. Courses
shall be approved by the Board of Health.
(2)
Passing a written examination on the subject matter presented in
the course. The examination shall be administered by an agency approved
by the Board of Health.
(3)
Waiver of course. An applicant for certification renewal may request
that the course be waived. If such waiver is granted, certification
shall be renewed upon the applicant's successful performance
in the written examination.
F.
Certification regulations.
(1)
Term. A certification shall be subject to renewal after a period of two years, or less as provided in paragraph Subsection F(6).
(2)
Renewal procedure. Application for certification renewal shall be made at least 60 days prior to expiration. To be recertified, an applicant shall repeat the requirements for initial certification, except as provided in Subsection E.
(3)
Temporary certification. Applicants shall be placed on a temporary
certification register. Such temporary certification shall be valid
until an approved course and examination are offered. The Board of
Health or its authorized agent shall notify applicants when and where
the course will be held.
(4)
Permanent certification. After a food service manager has been recertified
once, certification shall be permanent. No further recertification
will be required, providing an acceptable level of performance is
maintained. The Health Department reserves the right to suspend certification
at any time, if warranted.
(5)
Reciprocal certification. The Board of Health may certify a food
service manager holding a current certification from another agency
with substantially equivalent standards. The Board reserves the right
to require an examination before granting reciprocal certification.
(6)
Suspension. The Health Department shall, from time to time, conduct
inspections and/or collect official samples to determine an establishment's
degree of compliance with Chapter 12 of the New Jersey State Sanitary
Code. The certification of the food service manager working in the
establishment shall automatically be suspended and subject to immediate
renewal, without course waiver, if either of the following inspection
results is found:
H.
Penalties. Any person who shall violate any of the provisions of
this section shall, upon conviction, be punished by a fine not less
than $25, nor greater than $100. Each day a particular violation continues
shall constitute a separate offense.
