Exciting enhancements are coming soon to eCode360! Learn more 🡪
Borough of Roseland, NJ
Essex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Code
New Laws (25) Index
Editor's Note: See also Section 4-9, Licensing of Retail Food Establishments, in the Revised General Ordinances of the Borough of Roseland and Appendix A in the rear of this Board of Health Code.
Chapter 24 of the New Jersey State Sanitary Code regulating the construction, operation and maintenance of retail food establishments is hereby adopted pursuant to N.J.S.A. 26:3-69.1 to 26:3-69.6. A copy of said Chapter 24 of the New Jersey State Sanitary Code is annexed hereto and made a part hereof without the inclusion of the text herein.
[Ord. No. BH:10-16-08]
a. 
Section 8:24-5.2, Plumbing System. Subsection (a) is amended by adding the following:
All licensed retail food establishments must install and properly maintain grease traps. Said devised shall operate to separate, capture and contain all rendered animal fat, all oily matters and all thick lubricants from wastewater discharging from any of the aforementioned food establishments and flowing into the sewer system.
In addition to routine inspections by the Health Department, all retail food establishments must employ, at their own expense, a New Jersey licensed master plumber to conduct an annual inspection of their grease trap(s), flow restrictor and connecting wastewater lines to ensure that waste oil and grease is being adequately removed from wastewater being discharged into the sewer system. The owner of the establishment shall be required to provide the Health Department with a formal inspection report from the licensed master plumber.
The inspection report shall be submitted with the annual retail food licensing renewal form. The report shall be granted the same due date with the annual food license. Any change of ownership for an existing retail food establishment shall be required to submit the report prior to operation. All new establishments are required to submit said report prior to issuance of a Certificate of Occupancy
The chapter of the New Jersey State Sanitary Code established and adopted by this Article is commonly known as the New Jersey Sanitary Code, Chapter 24, Construction, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines.
Three (3) copies of the New Jersey State Sanitary Code, Chapter 24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines have been placed on file with the Health Officer upon the introduction of this Article and will remain on file with the Health Officer for use and examination by the public.
Any person who shall violate any of the provisions of this Article shall, upon conviction, be subject to the penalties provided in Chapter BH1, General Provisions.
a. 
License Required. It shall be unlawful for any person or body, individual or corporate, to conduct a retail food establishment or to engage in operating one or more vending machines, as defined in and governed by Chapter 24 of the New Jersey State Sanitary Code, without first having procured a license from the Board of Health to do so and without complying with any and all of the provisions concerning the operation and maintenance of the same as contained in the aforementioned Chapter 24 of the New Jersey State Sanitary Code.
b. 
Submission of Plans Required. Whenever a retail food establishment is constructed or renovated, and whenever a structure is converted to use as a retail food establishment or alterations or other changes in the operation are made that in the opinion of the Health Officer will change the nature of the operation, plans and specifications for the establishment must be submitted to the Health Department for review and approval before construction, renovation or conversion is begun.
c. 
Contents of the Plans and Specifications. The plans and specifications for a retail food establishment shall include, as required by the Health Officer based on the type of operation, type of food preparation and foods prepared, the following information:
1. 
Intended menu.
2. 
Anticipated volume of food to be stored, prepared and sold or served.
3. 
Proposed layout, mechanical schematics, construction materials and finish materials. The layout shall be drawn to a scale of one-quarter inch equals one foot (1/4" = 1') and shall be signed and sealed by a New Jersey licensed architect or engineer.
4. 
Proposed equipment types, manufacturers, model numbers, locations, dimensions, performance capacities and installation specifications.
5. 
Written standard operating procedures that reflect a knowledge of general food safety and the establishment's ability to implement State and local food safety regulations, including indication of how practices ensure that transmission of disease is prevented; food is received from an approved source; food is stored, prepared and transported properly; potentially hazardous foods are properly maintained; effective warewashing is conducted; and proper records are maintained.
6. 
Proposed program of training for supervisory personnel and food handlers.
7. 
Any other information that may be required by the Health Officer for the proper review of the proposed construction, renovation, conversion or alteration.
d. 
Plan Approval.
1. 
The Health Officer shall examine or cause to be examined all applications for approval to construct or renovate a retail food establishment and approve or deny, in whole or in part, the application within thirty (30) days of the date of submission. If the application is denied in whole or in part, the Health Officer shall set forth the reasons therefor in writing. If the application is approved, the Health Officer shall provide the applicant with a written letter of approval.
2. 
Any approval for construction or renovation of a retail food establishment shall become invalid if the authorized work is not commenced within twelve (12) months after the issuance of the approval or if the authorized work is suspended or abandoned for a period of six (6) months after the time of commencing the work.
3. 
The Health Officer may revoke an approval for the construction or renovation of a retail food establishment for any false statement or misrepresentation of fact in the application or on the plans on which the approval was based.
4. 
The Health Officer shall be notified of the start of construction or renovation work at the retail food establishment at least twenty-four (24) hours in advance.
[Amended by the Mayor and Council by Ord. No. 6-2016]
Editor's Note: See Appendix A, paragraph c. for license fee for a mobile food vendor.
a. 
For the purposes of this section, certain terms are defined as follows:
MOBILE RETAIL FOOD VENDOR
Any movable restaurant, truck, van, trailer, cart or other movable conveyance, including hand-carried or portable containers in which food or beverage is transported, stored or prepared for retail sale or given away at temporary locations.
b. 
An applicant for a mobile retail food vendor's license must provide to the Board of Health an affidavit setting forth the need of this type of service, approximate duration of time, the days of the week of the anticipated service, exact location and name or trade name of the applicant. Where the location is to be on public property, the Borough Council or the person or organization duly authorized by the Council having jurisdiction over the property is to make the affidavit. Where the location is on private property, the property owner is to make the affidavit.
c. 
Cleanup and removal of litter generated by the mobile retail food vendor shall be the responsibility of the mobile retail food vendor and shall be a condition of any license conveyed to said vendor.
d. 
All mobile food applicants shall obtain a Solicitation License from the Roseland Borough Clerk prior to the Board of Health's approval.
Editor's Note: See also Chapter IV, Licensing and Business Regulations, of the Borough Code.
The sale or distribution of any tobacco or tobacco related products from a vending machine is regulated in Chapter BH14, Section BH14-4.
Food vending vehicles dispensing ice cream, soft drinks or food shall not conduct business between the hours of 9:00 p.m. and 6:00 a.m.
Every license issued or approved under the provision of this Article shall expire on December 31 of the year of its issue, with the exception of temporary licenses, and an application for renewal thereof shall be submitted, together with the required fee, at least ten (10) days prior to December 31 of each year. Establishments which fail to submit an application before December 31 will be subject to a late fee of one hundred ($100.00) dollars. Establishments operating without a valid license will also be subject to immediate closure. A temporary license shall expire seven (7) days after its issue.
a. 
The fees for licensure of retail food establishments and food and beverage vending machines are hereby fixed as follows:
Editor's Note: See also Chapter IV, Section 4-9 of the Revised General Ordinances of the Borough of Roseland.
1. 
For retail food establishments other than retail eating or drinking establishments or other places where food is served, for each (1,000) square feet of floor space or fraction thereof, including storage areas, see Appendix A, Fee Schedule.
2. 
For temporary retail food establishments other than mobile units, the license fee shall be set forth in Appendix A, Fee Schedule. The license shall expire seven (7) days after its issue.
3. 
For mobile restaurants and other mobile units engaged in the retail distribution, sale or delivery of foods and/or drinks or frozen desserts, the license fees shall be set forth in Appendix A, Fee Schedule.
4. 
For food and beverage vending machines, the license fees shall be at the rate of one hundred ($100.00) dollars per machine, and twenty ($20.00) dollars for each additional machine.
b. 
Notwithstanding anything to the contrary contained in this section, no fee shall be charged for a license when the same is issued to a hospital, church, school or any nonprofit organization, society or group.
c. 
The fees for a reinspection necessitated by a conditional satisfactory, unsatisfactory rating, or other health related violation given at an initial inspection of a retail food establishment shall be in the amount of two hundred ($200.00) dollars for a conditional satisfactory, unsatisfactory rating, or other health related violation given in the same calendar year or a second consecutive conditional satisfactory, unsatisfactory rating, or other health related violation, regardless of year, shall be in the amount of five hundred ($500.00) dollars.
Any license issued pursuant to this Article may be suspended or revoked by the Board of Health if:
a. 
The licensee has violated any provision of this Article or Chapter 24 of the New Jersey State Sanitary Code;
b. 
The business, trade, calling or occupation of the person to whom the license was issued is conducted in a disorderly or in an improper manner or in violation of any state or federal law or any ordinance of the Borough of Roseland;
c. 
The person or persons conducting the retail food establishment is of an unfit character to conduct the same;
d. 
The purpose for which the license was issued is abused to the detriment of the public health; or
e. 
The license is being used for a purpose foreign to that for which the license was issued.
a. 
The Health Officer may suspend a license granted pursuant to this Article when, in the opinion of the Health Officer, conditions of the licensed establishment are such that continued operation of the establishment poses an imminent threat to the health of the public or patrons of the establishment. The Health Officer shall restore the license of the establishment upon verification that the conditions causing the suspension have been abated. The Health Officer shall conduct an inspection to verify abatement of conditions within seventy-two (72) hours of receiving notification from the licensee that the conditions causing the suspension have been abated.
b. 
Except as indicated in paragraph a., a license pursuant to this Article shall not be suspended or revoked until a hearing thereon has been held by the Board of Health, as hereinafter set forth in this Article.
a. 
Written notice of the time and place of the hearing with respect to the proposed suspension or revocation of the license issued pursuant to this Article shall contain a brief statement of grounds for the proposed suspension or revocation.
b. 
Such notice shall be served upon the licensee at least three (3) days prior to the date set for such hearing.
c. 
Said notice may be served:
1. 
By delivery thereof personally to the person to be notified; or
2. 
By mailing such notice by either registered or certified mail addressed to the person to be notified at the business address set forth in the license.
a. 
At the hearing before the Board of Health with respect to the proposed suspension or revocation of license, the person to whom the notice is directed shall be given an opportunity to answer and to be heard.
b. 
After due consideration and deliberation, the Board of Health may dismiss the complaint or, if it concludes that the charges have been substantiated, may suspend or revoke the license.
If any license issued pursuant to this Article shall be revoked, neither the holder thereof nor any person acting for him, directly or indirectly, shall be entitled to another license to carry on the same business within the Borough of Roseland unless the application for such license shall be approved by the Board of Health.
Any person, firm or corporation who shall violate any of the provisions of this Article shall, upon conviction, be subject to the penalties provides in Chapter BH1, General Provisions.