[Adopted 3-28-66 as Ord. No. 66-45]
A code regulating retail food establishments and fixing penalties for violation is hereby established pursuant to N.J.R.S. 26:3-69 to 3-69.6. A copy of the code is annexed hereto and made a part hereof without the inclusion of the text herein.
A code established and adopted by this Article shall be commonly known as the "Retail Food Establishment Code of New Jersey (1965)."
Three (3) copies of the Retail Food Establishment Code of New Jersey (1965) have been placed on file in the office of the Township Clerk and will remain on file there for use and examination by the public.
[Amended 6-24-74 by Ord. No. 74-14-J]
A. 
Commencing July 1, 1974, no person responsible for the preparation or handling of potentially hazardous food or responsible for the cleaning of utensils and equipment, including management personnel directly responsible for overall day-to-day operations, shall be permitted to work in a retail food establishment unless he or she shall have applied for a license, on or before July 1 of the licensing year, and shall have completed within the licensing year a four-hour training course in "Safe Food Preparation, Storage and Service Practices," to be offered by the Township of East Brunswick, or its equivalent, as determined by the Director of Health, Environment and Welfare. Persons who have completed the course for the first licensing year are required to take a two-hour course in each succeeding year, provided that new material is available.
[Amended 10-29-74 by Ord. No. 74-14-K; 3-10-75 by Ord. No. 75-122-H]
B. 
Those persons employed subsequent to July 1, 1974, shall within one (1) month from the date of their employment register for the above-named course of instruction.
[Amended 10-29-74 by Ord. No. 74-14-K]
C. 
"Potentially hazardous food" shall mean any perishable food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish or other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms.
D. 
A fee of two dollars ($2.) shall be charged to each person registering for the four-hour training course and two dollars ($2.) for the two-hour refresher course.
[Amended 3-10-75 by Ord. No. 75-122-H; 1-24-77 by Ord. No. 77-1-VV]
A. 
All licensees who sell or deliver or display for sale food and produce from vehicles which are wholly or partly open on any side shall at all times keep the food and produce completely screened or covered with satisfactory materials in order to prevent flies or other insects from alighting around or upon any merchandise.
B. 
All licensees selling, delivering or displaying for sale seafood, meats, poultry or dairy products shall transport them only in refrigerated vehicles. The products shall remain in the refrigerated portion of the vehicle until the time of sale or delivery. The refrigerated portion of the vehicle, while in use, shall be maintained at a temperature low enough to completely safeguard all of the products from a health and sanitary standpoint.
C. 
No licensee shall at any time permit any waste products, materials or parts of produce or other merchandise to remain in or upon any street, roadway, curb or walk, but shall remove any debris that may have fallen from his vehicle and place it immediately in leakproof metal containers.
D. 
All food or produce sold by any licensee shall at the time of delivery be placed in bags or other suitable containers when it is handed to the customer.
E. 
No licensee shall permit any debris, waste material, rotting produce or similar matter to remain in or upon his vehicle unless it is contained in a leakproof metal container having a properly fitted metal cover.
F. 
Before a licensee selling food or produce uses a vehicle in connection with his business, the vehicle shall be submitted to the Director of Health, Environment and Welfare for inspection and shall be approved relative to compliance with this section. Whenever requested during the term of the license, the licensee shall submit his vehicle for reasonable reinspection. No vehicle shall be used by a licensee unless it has been approved for use by the Director of Health, Environment and Welfare. A certificate of written approval shall remain in the vehicle at all times and shall be shown by the operator to any member of the Division of Police or any other official of the township who may request to see it.
[Amended 1-27-69 by Ord. No. 69-14-B; 12-23-74 by Ord. No. 74-122-G; 1-24-77 by Ord. No. 77-1-VV; 5-8-89 by Ord. No. 89-19; 12-10-18 by Ord. No. 18-34]
A. 
The annual fee for a license for an establishment which does not process food shall be fifty dollars ($50.).
B. 
The annual fee for an establishment which process food shall be as set forth in the schedule below:
RETAIL FOOD STORES BY SQUARE FOOTAGE
Over 10,001 Sq. Ft.
$500.00
(8 hours)*
5,001 to 10,000 Sq. Ft.
$400.00
(6 hours)
1,001 to 5,000 Sq. Ft.
$325.00
(4 hours)
0 to 1,000 Sq. Ft.
$250.00
*These are the approximate hours needs annually providing there are no necessary re-inspections. Burdened salary is estimated at $35.00 an hour.
RESTAURANTS BY SEATING CAPACITY
100 or over
$350.00
(8 hours)
50 to 99
$250.00
(5 hours)
1 to 49
$150.00
(4 hours)
Miscellaneous- Convenience Store, Camps, Schools, Bar, Tavern, etc.
$150.00
(3 hours)
OTHER
Mobile Truck/Ice Cream Truck
$150.00
(3 hours)
Catering Truck
$150.00
(3 hours)
Re-Inspections
$100.00
(1.5 hours)
(Fee for each re-inspection after being placed on conditional or unsatisfactory)
(1) 
For the purposes of this subsection "process" shall include the following operations, but this enumeration shall not be exclusive:
(a) 
Cooking, baking or frying food for consumption on or off the premises.
(b) 
Preparing sandwiches or salads.
(c) 
Smoking, curing, pickling or otherwise preparing raw meat or fish for consumption or for further processing.
(d) 
Prepacking of preserved or raw meats.
(e) 
The manufacture of frozen desserts, candy, sausages and cheese.
(f) 
The roasting of meats, poultry, nuts and coffee or other beans.
(g) 
Catering and preparation of box lunches.
(2) 
The manufacturing or processing of fresh milk or cream shall not be considered food processing for the purposes of this subsection.
C. 
There shall be an annual fee of fifty dollars ($50.) for each permit or renewal of an existing permit for each itinerant retail food-handling vehicle. Payment of the fee provided for in this subsection shall not entitle the vendor to a license required under Chapter 135, Article III, of this Code, but a separate application and fee shall be made under that Article.
D. 
The above annual license fees are based on administrative costs, plus the maximum of two (2) inspections per year required of establishments that continue to remain in a satisfactory condition. Those establishments requiring more than two (2) inspections per year as a result of citizen complaints which are deemed by the Director of Health to be legitimate or reinspections needed to obtain compliance will be subject to a reinspection fee of one hundred dollars ($100.) for each such reinspection.
E. 
Temporary license for food. All food vendors shall be required to obtain a license from East Brunswick Township at a cost of $50 for one to two days and $100 for three days or greater.
[Added 9-14-81 by Ord. No. 81-392; amended 5-8-2023 by Ord. No. 23-13]
Licenses issued under the provisions of this Article shall expire, annually, on June 30 of each year. Licenses issued between January 1 and June 30 may be obtained at half the usual fee.
[Added 3-24-75 by Ord. No. 75-14-M; amended 4-14-80 by Ord. No. 80-240]
A. 
The Director of the Department of Health, Environment and Welfare or his representative shall have the power to conduct all inspections under this Article.
B. 
The Director of Health, Environment and Welfare, in his discretion, instead of prosecuting a licensee for violations of the State Sanitary Code, may cause an order to be served on such person commanding him to discontinue or abate the violation or to make such improvement as may be necessary to abate the violation within a reasonable time. The person receiving the order shall have the right to be heard either in person or by attorney by the Director of Health Environment and Welfare.
[Amended 4-14-80 by Ord. No. 80-240]