Borough of Moonachie, NJ
Bergen 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.
[Ord. #BH-08-001, § 1; Ord. #BH-10-001, § 1]
An ordinance regulating retail food handling establishments, providing for the inspection of such establishments and fixing penalties for violations, is hereby established pursuant to revised statutes 26.3-69.1 to 69.6.
[Ord. #BH-08-001, § 2; Ord. #BH-10-001, § 2]
The said code established and adopted by this ordinance is in addition to the New Jersey Sanitary Code, Chapter 24, "Construction, Operation and Maintenance of Retail Food Establishments" and is referred to in same.
[Ord. #BH-08-001, § 3; Ord. #BH-10-001, § 3]
Three copies of this ordinance as well as the said State of New Jersey Sanitary Code, Chapter 24 have been placed on file in the office of the Secretary of this local Board of Health upon introduction of this ordinance and will remain on file there until final action is taken on this ordinance for the use and examination of the public.
[Ord. #BH-08-001, § 4; #BH-10-001, § 4]
a. 
No retail food establishment including restaurants, diners and any other establishments serving prepared food to the public in the Borough of Moonachie shall be granted a retail food establishment license unless the owner, manager or employee in charge of other employees serving food on each particular shift has successfully completed a course prescribed by the Moonachie Board of Health pertaining to health, education, sanitation, personal hygiene, food poisoning, dishwashing procedures, germs, insects and rodents, and other health related matters. There are two such courses: an Eighteen-Hour Food Manager's Certification Course and a three-Hour Food Handler's Course. The owner, manager or employees preparing food on each particular shift must possess a current certificate of satisfactory completion of the three-Hour Food Handler's Course. The owner, manager and employees in charge of other employees preparing food on a particular shift shall have completed the Eighteen-Hour Food Manager's Course. The certificate of satisfactory completion of the three-Hour Food Handler's Course shall be effective for two years from the date of issuance and the Eighteen-Hour Food Manager's Certification Course shall be effective for five years from the date of its issuance. Current certificate of completion of both the Eighteen-Hour Food Manager's Certification Course and the three-Hour Food Handler's Course shall be a prerequisite to any license being issued to a retail food establishment after the appropriate fee has been paid.
b. 
1. 
Each owner of key management personnel activity involved in the daily operation of a retail food establishment where food is prepared, is required to satisfactorily complete the Eighteen-Hour Food Manager's Certification Course. Each owner, manager or employee in charge of other employees serving food on each particular shift is required to satisfactorily complete the three-Hour Food Handler's Course. Proof of satisfactory completion of both courses must be supplied by to the Board of Health prior to the Board of Health issuing an annual license to the retail food establishment. In addition, before a license shall be issued, the retail food establishment shall pay the appropriate fee in accordance with this ordinance.
2. 
Where owner or key management personnel actively involved in the daily operation of a retail food establishment where food is prepared has not satisfactorily completed the Eighteen-Hour Food Manager's Certification Course and an owner, manager or employee in charge of other employees serving food on each particular shift has not satisfactorily completed the three-Hour Food Handler's Course as set forth in this ordinance, the Moonachie Board of Health may issue a temporary retail food license which shall expire on March 31 of the license year. For the issuance of such a temporary retail food license, the retail food establishment shall pay the normal fee charged for the license together with a special surcharge for the temporary retail food license in the amount of $100. No part of the surcharge shall be returned or refunded. The surcharge shall be used for administering this ordinance.
3. 
Each new owner of a retail food establishment where food is prepared is required to take the first available Eighteen-Hour Food Manager's Certification Course, and the new owner and employees in charge of other employees serving food on a particular shift must take the three-Hour Food Handler's Course. The Moonachie Board of Health shall issue a temporary retail food license which shall remain in effect for 90 days from the date of its issuance or until the required Eighteen-Hour Food Manager's Certification Course and three-Hour Food Handler's Course have been satisfactorily completed. For the issuance of such a temporary food license, the retail food establishment shall pay the normal fee changed for the permit together with a special surcharge for the temporary retail food license in the amount of $100. No part of the surcharge shall be returned. The surcharge shall be used for administering this ordinance.
c. 
If there is no owner, manager or employee in charge of other employees serving food to others on each particular shift who has satisfactorily completed the Eighteen-Hour Food Manager's Certification Course in accordance with this ordinance, then the retail food establishment shall be issued a Summons to appear before the Moonachie Municipal Court to answer the violation.
d. 
1. 
Any retail food establishment which receives an "Unsatisfactory" rating from the appropriate official inspecting the premises shall immediately cease from serving any food or similar products until the license has received a "Satisfactory" rating from the inspector conducting the inspections.
2. 
Any retail food establishment which receives two conditional satisfactory ratings within any one calendar year period shall have its owner or manager appear at the next meeting of the Moonachie Board of Health to provide explanation as to reasons for such conditional satisfactory rating and to further provide the Board of Health with its intended corrective actions so as to avoid future conditional satisfactory ratings. The Health Officer and/or inspector believes it is necessary for the preservation of the public health and safety. In addition, its owner or manager must take and satisfactorily complete the next available Eighteen-Hour Food Manager's Certification Course.
Failure of the establishment to adhere to this rule by licensing time of the subsequent year will result in a surcharge of $500 on the new license.
3. 
In addition to the remedies stated above, the inspector conducting the inspection shall cause appropriate Summons to be issued for the violation of Chapter 24 of the New Jersey Sanitary Code, the Ordinances of the Borough of Moonachie and applicable statutes of the State of New Jersey.
e. 
A retail food establishment license issued by the Borough of Moonachie under the provisions of this ordinance shall expire annually on December 31 of each year and application for renewal thereof shall be submitted together with the required fee prior to January 1 of each year. Failure to obtain a license prior to January 1 will result in the inability of the establishment to operate subsequent to January 1. Additionally, failure to obtain a license for the new year prior to January 1 will also result in a late fee of $500.
f. 
A retail food establishment license issued by another Board of Health is not transferable as to another license. A retail food establishment license issued by the Board of Health is not transferable to a new owner within the Borough of Moonachie.
g. 
As concerns nonprofit organizations, whenever food is being prepared at any of these facilities, a temporary permit, exempt from fees, must be obtained from the Board of Health two weeks prior to the date of the function. In order to obtain this permit, the following information must be provided: (a) date and length of function; (b) type of food being prepared, and (c) approximate number of people being served.
h. 
Nursery schools preparing food or representatives of the nursery schools preparing food must take the three-Hour Food Handler's Course.
[Ord. #BH-08-001, § 5; New; #BH-10-001, § 5]
a. 
Any person who violates any provision of, or order promulgated under, this ordinance shall, upon conviction thereof, be liable to a penalty of not less than $100, nor more than $1,000 for each violation. Each day a particular violation continues shall constitute a separate offense.