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Township of Bedminster, NJ
Somerset County
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Table of Contents
Table of Contents
Code
New Laws (23) Index
[Ord. 12/13/65, S 1]
A code regulating retail food establishments and fixing penalties for violations is hereby established pursuant to N.J.S.A. 26:3-69.1 to 69.6. A copy of the code is annexed hereto and made a part hereof without the inclusion of the text thereof herein.
[Ord. 12/13/65, S 2; Ord. No. 2014-01 S 2]
The code established and adopted by this chapter is described and commonly known as New Jersey Sanitary Code, Chapter 24, "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines" (2007).
[Ord. 12/13/65, S 3; Ord. No. 2014-01 S 2]
Three copies of the said New Jersey Sanitary Code, Chapter 24, "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines" have been placed on file in the office of the secretary of this local board of health and will remain on file for the use and examination of the public.
[Ord. 12/13/65, S 4]
Any person who violates any provision of, or order promulgated under this chapter, or code established herein, shall, upon conviction thereof, be subject to a penalty as stated in Chapter BH1, Section BH1-2.
[Ord. 12/13/65, S 1; Ord. BH:95-1, S 1; Ord. 2014-01 S 1]
a. 
No person shall conduct a retail food establishment (as defined in and governed by the New Jersey State Sanitary Code, Chapter 24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines) in the Township of Bedminster, Somerset County, New Jersey, without first having procured a license from the Bedminster Board of Health or without complying with any or all of the provisions concerning operation and maintenance of such as contained in the New Jersey Sanitation Code, Chapter 24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines.[1]
[1]
Editor's Note: See N.J.A.C. 8:24-1.1 et seq., Retail Food Establishments and Food and Beverage Vending Machines.
b. 
No license shall be issued to a retail food establishment until it has passed a preopening inspection by the health officer or other designated agent of the Bedminster Board of Health.
c. 
When retail food inspections are conducted, the following grading system shall apply:
1. 
"A" shall mean that the retail food establishment is found to be operating in substantial compliance with all local and state codes and regulations.
2. 
"B" shall mean that the retail food establishment is found to be operating in acceptable compliance with all state codes and regulations.
3. 
"C" shall mean receiving a conditionally satisfactory inspection, with three or more critical violations requiring correction and reinspection.
If the food establishment grade is "C" Conditionally Satisfactory, upon subsequent correction of violations and reinspection, the establishment can receive a grade of no higher than "B" Satisfactory until the next routine inspection.
4. 
An "unsatisfactory" rating shall mean that the retail food establishment is operating with one or more violations that constitute gross unsanitary or public health hazards.
5. 
The assignment of grades shall be determined by a 100-point system in which violations are assigned a point value which is deducted from the starting value of 100 points. Violation points are weighted based on whether they are critical items, noncritical items, or public health hazards. The grades are as follows:
Rating
Grade
Satisfactory — A
90-100
Satisfactory — B
86-89
Conditional Satisfactory — C
61-85
Unsatisfactory
<61 or Uncorrected Public Health Hazard.
d. 
Inspections shall be performed annually, except that reinspections shall be performed where retail food establishment receives a grade of less than "B" Satisfactory.
e. 
A retail food establishment may be inspected more than once annually if the health officer or other designated agent of the Board of Health deems it appropriate.
f. 
The retail food inspection evaluation placard shall be posted immediately in a conspicuous place near the public entrance of the establishment in such a manner that the public may view the placard.
[Ord. 4/2/70, S 1; Ord. 3/17/88, S 1; Ord. BH:94-03, S 1; Ord. BH:01-02, S 1; Ord. #2010-01, S 1]
The fees for licenses under this section shall be as follows and shall cover the period of July 1 until June 30th of the following year:
Class
Type
Fee
1
School Cafeteria
$100.00
Nonprofit Organization
None
2
Catering Mobile
$100.00
Mobile Food Establishment
$100.00
Mobile Food Establishment
(Frozen dessert)
$100.00
3
Grocery Store
$175.00
Meat, Fish and/or Poultry
$200.00
Market and Butcher Shop
$200.00
4
Cocktail Lounge, Tavern Bar or Night Club
$175.00
Deli
$150.00
Frozen Dessert
$150.00
Milk-Retail Store
$150.00
5
Industrial Feeding
(Under 100 seating)
$250.00
Restaurant (100 below seating)
$250.00
Retail Bakery
$200.00
Camps (Day and Resident)
$150.00
Convalescent and Nursing Home
$200.00
6
Industrial Feeding (over 100 seating)
$400.00
Restaurant (over 100 seating)
$400.00
Supermarkets
$400.00
7
Temporary/Mobile
$150.00
Tanning Salon
$200.00
Tattoos
$200.00
[Ord. BH:01-02, S 1; Ord. #2010-01, S 2]
a. 
For a facility receiving a less than satisfactory inspection rating, the following reinspection fees are established:
1. 
First occurrence: $ 250.00
2. 
Second occurrence: $750.00
3. 
Third occurrence: $1,500.00
b. 
Reinspection must be completed within a specified time set by the environmental health specialist at the time of the initial inspection.
c. 
The reinspection fee shall be paid before any reinspection will be conducted for any food establishment failing to receive a satisfactory rating from the health department.
[Ord. BH:04-02]
A fee in the amount of double the annual license fee shall be paid in addition to the annual license fee as set forth in BH2-2.2 for failure to renew a retail food establishment license by June 30.
a. 
This shall be in addition to any other penalties provided for under the ordinances of the board of health of the Township of Bedminster.
[Ord. 12/13/65, S 3; Ord. #2014-1 S 2]
Any license issued under the terms and provisions of this chapter may be suspended or revoked by the Bedminster Township Board of Health for the violation by the licensee of any provision of this chapter or the New Jersey Sanitary Code, Chapter 24, "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines" 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 Bedminster Township, 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.
[Ord. 12/13/65, S 3]
A license issued under the terms and provisions of this ordinance shall not be revoked, cancelled or suspended until a hearing thereon shall have been had 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. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking, canceling or suspending such license. Notice may be given either by personal delivery thereof 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.
[Ord. 12/13/65, S 3]
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 same business with Bedminster Township unless the application for such license shall be approved by the board of health.
[Ord. #2014-1 S 3]
As a condition of licensing, each establishment where food is prepared, handled or packaged must have on the premises at least one person who has successfully completed a basic food handler's program at all times during which the establishment is in operation. Acceptable food handler's programs include those offered by the Somerset County Department of Health or other provider approved by the health officer, or a similar approved program offered within the State of New Jersey. Said training shall be valid for a period of three years. A copy of all current certificates of course completion shall be maintained on site and be available to the health officer on request.
[Ord. 12/13/65, S 4]
No provision of this chapter shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the State or Federal Government.
[Ord. 12/13/65, S 5]
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction be subject to the penalty stated in Chapter BH1, Section BH1-2.