Pursuant to the New Jersey Statutes Annotated 26:1A through 26:1A-7 et seq., the Borough of Rockleigh Board of Health hereby adopts Chapter 8:24-1.1 through 8:24-11.15 of the New Jersey Administrative Code and the supplements and additions thereto.
No person shall operate a retail food establishment or food and beverage vending machine unless a license to operate the same shall have been issued by the Board of Health. Such license shall be posted in a conspicuous place in such establishments.
There shall be a fee established for a license or license approval issued pursuant to this chapter. Retail food establishment licenses and associated fees shall be as established in the Board of Health Chapter BH13, Fees.
Licenses issued pursuant to this chapter shall expire annually on December 31st of each year, and the fee therefor shall not be prorated from the date of issuance. Applications for renewal thereof shall be submitted, together with the required fee, prior to December 15th of each year.
Licenses issued pursuant to this chapter shall neither be transferable nor construed as authorizing the license or licensees to carry on the business at any place other than that specified in the license itself.
Licenses issued pursuant to this chapter may be revoked by the Board of Health for any good or sufficient reason, provided that due notice thereof shall be given to the licensee, and a hearing held before the Board of Health, at which time an opportunity shall be afforded the licensee to show cause why the license should not be revoked.
Any person or persons, firm or corporation violating any of the provisions of or order promulgated under this chapter shall, upon conviction thereof, pay a penalty of not less than one hundred ($100.00) dollars nor more than one thousand ($1,000.00) dollars. Each day a particular violation continues shall constitute a separate offense.
Purpose. The purpose of this section is to establish the requirements for the specific health related education of those individuals responsible for overseeing retail food and/or beverage preparation, processing and storage.
Definitions. For the purpose of this section, and in the interpretation and application of any amendments adopted hereafter, except as the context may otherwise require, definitions recited in Chapter 24, Subchapter 1 of the New Jersey State Sanitary Code shall apply. For the purpose of this section, the following additional terms shall have the meaning indicated:
- FOOD HANDLER'S CERTIFICATE
- Shall mean a certificate issued to a person by the Rockleigh Borough Department of Health certifying successful completion of a course of general instruction in bacteria characteristics and growth, spread of food borne diseases, methods of preventing food poisoning, proper food handling techniques, equipment and establishment sanitation, dishwashing and sanitizing, and insect and rodent control. The prescribed course shall be given by or have received approval by the Rockleigh Borough Health Department.
- Shall mean any person charged with the responsibility of overseeing the operation of any establishment including the supervision of employees engaged in the preparation, processing and storage of food or drink intended for on or off premises human consumption.
No new retail food establishment or establishment which has changed ownership shall operate for more than sixty (60) days without the supervisors employed in that establishment applying for a food handler's certificate.
No new retail food establishment or establishment which has changed ownership shall operate for more than six (6) months without the supervisor employed in that establishment being a holder of a valid food handler's certificate.
Six (6) months from the effective date of this section and thereafter, except as provided in paragraphs c, d, and I of this section, no establishment shall be in operation or open for business in the preparation or processing of food or drink intended for human consumption without having a visibly posted certificate and a supervisor who is actively engaged in the supervisory aspects of the preparation, handling and storage of food and who has a valid food handler's certificate.
A food handler's certificate shall be issued to any person successfully completing a course of instruction given or approved by the Rockleigh Borough Board of Health. The cost of such course shall be borne by the applicant.
No person to whom a food handler's certificate is issued shall give, loan, transfer or permit the same to be used by any other person, for any purpose whatsoever.
A food handler's certificate shall be valid for a period of three (3) years after the date of issue. The holder of this certificate must successfully complete the food handler's course thirty (30) days prior to its expiration date, in order to maintain a valid certificate.
Agricultural markets, church or nonprofit type institution meal service shall be exempt from the requirements of paragraphs c, d, and e of this chapter if because of infrequent, noncontinuous, unique or limited nature food preparation or processing, the Rockleigh Borough Board of Health determines that the public health will not be jeopardized by the absence of a certified food handler on the premises. The Rockleigh Borough Board of Health will conduct voluntary food handling courses for those organizations requesting training or where a determination is made that such training is necessary.
Any person, firm, corporation or other organization violating any provision of this chapter shall, upon conviction thereof, be subject to a penalty of not more than one thousand ($1,000.00) dollars.
No person or corporation shall conduct or operate a food establishment, including a mobile unit (with retail sales), or a food and/or beverage vending machine within the Borough without first having procured from the Board of Health a license to do so and paid the prescribed fee in Section BH13-1c.
Any license issued pursuant to this chapter shall not be transferable.
All licenses issued under this chapter shall expire on December 31 of the year in which issued.
All licenses issued under this chapter shall be posted in a conspicuous space.
All food establishments shall be operated in compliance with the provisions of the Food Establishment Code and with all other applicable provisions of the State of New Jersey and ordinances of the Borough.
License fees shall be paid to the Board of Health.