Every person desiring to conduct, maintain or operate a place where food or drink is manufactured, prepared, or sold shall procure a license from the Board of Health. The fee for said license shall be as set forth in § 695-1, Fees enumerated, and must accompany the signed application as obtained from the Board of Health. The fee for said license when issued to a retail store commonly known as a "supermarket" shall be $90 per annum.
A. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
FOOD
Includes ice cream, fruit ices, ice milk, beverage or any meat, fish, shellfish, poultry, bread, or egg products.
MOBILE FOOD ESTABLISHMENT
Any vehicle, cart, wagon, or any portable equipment used in the business of selling, offering for sale, or preparing food, with or without charge, upon the streets or exterior premises of the Borough of Roselle.
B. 
Exempt vehicles. Vehicles which sell or offer for sale any prepacked and sealed products may be exempt of the following provisions as contained in § 715-16C when, in the opinion of the enforcing agent, no hazard to the public health will result.
C. 
Operating requirements. The following provisions must be complied with in order to conduct a mobile food establishment:
(1) 
Vehicles and equipment are to be completely enclosed, so as to protect food against dirt, dust, and contamination.
(2) 
Outside openings shall be screened.
(3) 
Driver's compartment shall be partitioned from the food preparation and storage facilities for protection against dirt, dust, and contamination.
(4) 
A utensil sink shall be provided for washing and sanitization of all utensils used during the preparation of food. Such sink shall contain separate compartments and shall be provided with a supply of hot and cold running water under pressure and containing a faucet mixing valve.
(5) 
Separate hand-washing facilities shall be provided with hot and cold running water with a supply of soap and disposable-type towels.
(6) 
A collection tank for wastewater shall be provided.
(7) 
Refrigeration shall be capable of providing a minimum temperature of 45° F. for products requiring refrigeration and 0° F. for frozen products. Hot foods shall be maintained at a minimum of 140° F.
(8) 
Food equipment shall be maintained in good repair and shall be durable as to be resistant to denting, buckling, pitting, chipping, and excessive wear and capable of withstanding repeated cleaning. Food contact surfaces shall be corrosive resistant, nontoxic, and relatively nonabsorbent.
(9) 
After each usage, all utensils and food contact surfaces shall be cleaned to sight and touch. All surfaces of utensils and food contact surfaces shall be cleaned and sanitized at regular intervals. All nonfood contact surfaces of equipment shall be kept clean and free of accumulations of food particles and other debris.
(10) 
Single-service articles shall be stored in closed cartons or containers which protect them from contamination. Such articles shall be handled and dispensed in such a manner as to prevent contamination of surfaces.
(11) 
Ice shall be handled, transported, and stored in a sanitary manner.
(12) 
All floors, walls and ceilings shall be kept clean and in good repair and capable of being easily cleaned.
(13) 
Food shall be from a source and maintained in compliance with the applicable state and local laws and regulations.
(14) 
Food handlers shall maintain a high degree of personal cleanliness and shall conform to good hygienic practices during all working periods. All food handlers shall wear clean outer garments.
(15) 
Persons while affected with any disease in a communicable form or while a carrier of such disease or while affected with boils, infected wounds, sores, or acute respiratory infection shall not work in any capacity in a mobile food establishment.
(16) 
Adequate lighting shall be provided in the food preparation and storage section.
D. 
License required. It shall be unlawful for any person, partnership, or any corporation to conduct a mobile food establishment as defined and established by this article without first having procured a license from the Roselle Board of Health.
E. 
Expiration of license; display; fee. Each license issued hereunder will be for a period of one year, commencing on April 1 and ending on March 30 of each year. Such license shall be displayed in a conspicuous place in the mobile food establishment. The fee for said license is hereby fixed as set forth in § 695-1 Fees enumerated.
F. 
License suspension, revocation, or renewal. Any license issued under the terms and provisions of this article may be suspended or revoked or renewal refused, at the discretion of the Board of Health of this municipality, for the violation by the licensee of any provision of this article or whenever it shall appear that the business, trade or calling 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 this municipality, or that the person or persons conducting the mobile 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.
G. 
Reinstatement of revoked licenses. If any person, partnership or corporation granted a license or if any employee, servant or agent of such licensed holder shall violate any ordinance, code, regulation or special order of the Board of Health or regulation or law of the State of New Jersey in the conduct of the mobile food establishment for which said license was granted, such license may be revoked, canceled or suspended or renewal refused, at the discretion of the Board of Health, and after the date of such revocation, said business shall not operate in Roselle, New Jersey, until the conditions that caused revocation are rectified; and the owner or person in charge of such business establishment and any offending employee of such establishment may be prosecuted for such violation of code or law as shall have occurred.
H. 
Hearing; notice. A license issued under the terms and provisions of this article shall not be revoked, canceled, or suspended or renewal refused 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 five 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, suspending, or not renewing such license. Notice may be given either by personal delivery thereof to the person to be notified or by depositing 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 said 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 the 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, suspend, or refuse to renew the license held by the licensee.
I. 
Additional licenses. 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 within the Borough unless the application for such license shall be approved by the Board of Health.
J. 
Notification of violations. The enforcing agent of the Board of Health shall notify the Board of Health after any violation shall occur with respect to any mobile food establishment covered by this article.
K. 
Scheduling of hearings. The Board of Health may, on its own volition, schedule a hearing should a majority of the Board deem the same necessary or in the best interest of the public welfare.
L. 
Consideration of past violations. The Board of Health shall take into consideration all past violations to determine the action to be taken, whether or not such violations had been brought before the Board of Health by the enforcing agent.
M. 
Violations and penalties.
(1) 
Any person, partnership, corporation or any employee, servant or agent of such licensed holder who violates any provision of this article shall, upon conviction thereof, be liable to a penalty of not less than $50 nor more $500 for each violation or be imprisoned for a period not exceeding 90 days, or both, at the discretion of the court. Each day a particular violation continues shall constitute a separate offense.
(2) 
A fine assessed by the court for violation or violations of this article may be recovered from any individual or corporation in any court of competent jurisdiction in the action of debt.
(a) 
Risk Type 1 food establishment:
[1] 
Serves or sells only prepackaged, nonpotentially hazardous foods;
[2] 
Prepares only nonpotentially hazardous foods; or
[3] 
Heats only commercially processed, potentially hazardous foods for hot holding and does not cool potentially hazardous foods. Such retail establishments may include, but are not limited to, convenience store operations, hot dog carts, and coffee shops.
(b) 
Risk Type 2 food establishment (limited menu and. . .):
[1] 
Prepares, cooks, and serves most products immediately;
[2] 
Exercises hot and cold holding of potentially hazardous foods after preparation or cooking; or
[3] 
Limits the complex preparation of potentially hazardous foods, including the cooking, cooling, and reheating for hot holding, to two or fewer items. Such retail establishments may include, but are not limited to, retail food store operations, schools that do not serve a highly susceptible population, and quick service operations, depending on the menu and preparation procedures.
(c) 
Risk Type 3 food establishment:
[1] 
Has an extensive menu which requires the handling of raw ingredients; and is involved in the complex preparation of menu items that includes the cooking, cooling, and reheating of at least three or more potentially hazardous foods; or
[2] 
Prepares and serves potentially hazardous foods including the extensive handling of raw ingredients. Such establishments may include, but are not limited to, full-service restaurants, diners, commissaries, and catering operations; or hospitals, nursing homes, and preschools preparing and serving potentially hazardous foods.
(d) 
Risk Type 4 establishments: Conducts specialized processes such as smoking, curing, canning, bottling, acidification designed to control pathogen proliferation, or any reduced oxygen packaging intended for extended shelf-life where such activities may require the assistance of a trained food technologist. Such establishments include those establishments conducting specialized processing at retail.
A. 
No person shall manufacture or sell any food which has been exposed to any injurious contamination by human hands or other agencies or any communicable disease, or which is unfit, unwholesome, impure, decayed, diseased, mislabeled or adulterated within the meaning of the laws of the State of New Jersey.
B. 
All food sold or intended for sale shall be securely protected from flies, dust, dirt and, so far as the same is possible, by the use of all reasonable means, from all other foreign or injurious contamination.
The following rules and regulations shall be strictly adhered to in all food establishments:
A. 
Plans for restaurants or other eating establishments. Before beginning the construction or reconstruction of any building or part thereof to be used as a restaurant or lunchroom, a plan showing the dimensions, seating capacity, location of toilets and hand-washing facilities for patrons and employees, also the type of material to be used for covering walls, ceilings and floors must be submitted to the Board of Health for its approval.
B. 
Food places to be clean, light, etc. No person or persons in charge of any food establishment shall use the same for that purpose unless said establishment is properly lighted, ventilated, drained and in a sanitary condition at all times. Screens or other fly-repelling devices shall be erected or placed at such places and at such times as the Board may direct, the same to be kept in proper condition and repair at all times.
C. 
Washing facilities. Adequate washing facilities, including soap and individual towels, shall be provided in convenient locations for all workmen and employees. All food establishments shall be equipped with a hot water connection having a constant supply of running hot water.
D. 
Cellar establishments. No food establishment shall be located in any cellar, basement, or other place below the natural surface of the ground, except by written permission of this Board.
E. 
Living accommodations. No sleeping room nor any other living room of a tenement, apartment or other dwelling house shall be directly connected with a food establishment without the approval of this Board.
F. 
Dishes, glassware, and utensils. It shall be the duty of the owner or person in charge of any food establishment to have thoroughly cleaned and sanitized immediately after being used by each person all dishes, cups, drinking glasses, eating utensils or any other food container or eating utensil which is not of a single-service nature.
G. 
Washing equipment facilities; method of washing and storage.
(1) 
All utensils used in the preparation, service and sale of any food or drink intended for human consumption, and all knives, forks, spoons, plates, dishes, cups, saucers and glasses used in the preparation, service and sale of any food or drink intended for human consumption shall be properly cleansed after being used, and no such utensil or knife, fork, spoon, plate, dish, cup, saucer or glass shall under any circumstances be used a second time unless it shall have been, after the previous use thereof, so cleansed. In such cleansing, the use of water which has become unsanitary by previous use thereof is prohibited.
(2) 
The term "properly cleansed" as herein used shall be taken to mean the cleansing after each use of all utensils, including knives, forks, spoons, plates, dishes, cups, saucers or glasses used in the preparation, service or sale of any food or drink intended for human consumption, in a solution of soap or soda or suitable cleansing powder in hot water followed by a through rinsing or spraying or immersion in clean boiling water, 212° F., for a period of one minute, or in hot water of a temperature not less than 180° F. at all times when used for purposes of sterilization for a period of two minutes; by sterilization with live steam; or by some other equally effective method approved by the Board of Health.
(3) 
All crockery, cutlery, glassware, and cooking, eating, and drinking utensils which have been properly cleansed and sterilized must be so stored, kept and handled as to prevent contamination from dust, dirt, flies, or other sources.
(4) 
No beverages or drinks intended for human consumption shall be sold, offered for sale, or dispensed upon any stand or pushcart, wagon, or other vehicle in any street or other public place unless such beverage or drink is dispensed or served in a paper cup or other single-service container.
H. 
Self-closing doors. The doors from all toilet rooms opening directly into any room where food is prepared or handled shall be equipped with an automatic closing device.
I. 
Chipped dishes prohibited. Plates, cups, saucers, dishes, crockery, chinaware, or enamelware which is cracked, chipped, or broken shall not be used to contain food or drink. Plastic ware meeting the approval of the Board will be permitted.
J. 
Racks and trays. All racks, trays, or other places where dishes, utensils or other food containers are stacked or stored shall be daily washed with some disinfectant or wiped with a damp cloth containing a disinfectant to be approved by this Board.
K. 
Single-service containers or utensils. Food establishments not having adequate facilities for washing and disinfecting dishes and other utensils shall provide containers or utensils of a single-service nature for serving food or drink. Such containers or utensils shall be discarded after use by each individual and before use, shall be kept or stored in such manner as to prevent contamination.
L. 
Articles in contact with food. All straws, spoons, dishes, or other articles used in connection with food in any food establishment shall be protected at all times to prevent contamination by dust, dirt or flies and all unnecessary handling.
M. 
Sugar. All sugar used for customer consumption in food establishments shall be contained in and dispensed from devices approved by this Board. All tablet or loaf sugar shall be individually wrapped.
N. 
Food storage. All food shall be kept or stored in rodent- and insect-proof containers or in places inaccessible to rodents or insects.
O. 
Animals. The owner or person in charge of any food establishment shall not permit any animal to remain in said establishment, except a Seeing Eye dog accompanying a person who requires the services of said Seeing Eye dog. Nothing herein shall prevent a person from keeping an animal in a room in which no food or drink is manufactured, stored, prepared, or sold.
No person shall sell, place, or display any food or food products outside of any building, except raw fruits or raw vegetables, which may be sold, placed, or displayed outside of any building if placed upon stands at least 18 inches above the sidewalk or ground.
No person shall sell or transport for sale any food except fruits and vegetables in any vehicle or device unless the same is wrapped, packaged, or covered in such manner as to protect adequately the contents from dust, dirt and all foreign or injurious contamination, and such food, while in such vehicle or device, shall not be removed from the wrapper or package. The Health Officer or any sanitary inspector may intercept any vehicle so employed, for the purpose of sanitary inspection, and may take therefrom any food as a sample upon tender of proper payment.
A. 
Every person desiring to sell or deliver bakery or food products, dairy products, meat or meat products, eggs or egg products, fish, fowl, or other foods at retail from house to house shall procure a license from the Board of Health. The fee for this license shall be $20 for each vehicle used for this purpose.
B. 
No person shall canvass or call from house to house to sell, deliver, or solicit the sale of bakery or food products, dairy products, meat or meat products, eggs or egg products, fish, fowl, or other foods without first obtaining the permit required by § 320-9 of Chapter 320 of the Code of the Borough of Roselle, in the manner and subject to the rules and regulations provided in Article II of said Chapter 320. Nothing herein contained shall limit any section of said Article II from applying to any person or business activity required to be licensed by the Board of Health.
The sale of ice cream, frozen custards or other perishable products from a movable vehicle shall require a special license. The license fee shall be $75. When ice cream, frozen custards or similar products are held, kept, transported, offered for sale or sold in package form, each package shall bear a label on which shall be printed in harmless ink the name of the manufacturer or affiliate thereof of the frozen product, the place of manufacture and the words "ice cream," "frozen confection," "milk sherbet," "ice" or "ice sherbet," as the case may be.
No cream puffs, eclairs, napoleons, cream pies, cream-filled layer cake and similar products containing custard or whipped cream filling shall be sold or stored except the same be kept in a storage compartment the maximum temperature of which is no greater than 50° F., provided the same may be delivered from manufacturer to retailers or consumers by special uninterrupted delivery without continuous refrigeration if such delivery shall be made within two consecutive hours.
No person shall store or sell for human consumption any infertile or nonhatchable egg or eggs taken from an egg incubator after exposure to hatchable temperature.
No person shall sell any food which has been returned to any food establishment unless such food has been returned unopened and in its original package.
No person in charge of or in control of any park, playground, railroad station, theater, hotel, factory, or any public place shall furnish or permit any common drinking cup or utensil to be used.
A. 
Good habits in personal cleanliness are required of all food handlers.
B. 
Every owner or person in charge of every food establishment shall require all employees to be clean and to wear clean clothing at all times while working in such establishment and shall permit no person to work or be employed therein who is infected with any communicable disease or suspected of harboring the causative agent thereof.
A. 
No person shall construct, maintain, or operate a well or spring, the water of which is used for domestic purposes, whether for drinking, washing or other domestic use, either in the home or in a business establishment, without first obtaining permission from this Board so to do. If such permission is granted, the person receiving such permission shall allow the Health Officer or any agent of this Board to enter the premises at any time for the purpose of taking samples of water for analysis.
B. 
All water dispensers, cookers, containers, or devices used in connection with the sale or distribution of drinking water shall meet with the approval of this Board.
This Board or its official representatives in the performance of any duty imposed by this chapter shall have full access to any place, container or conveyance used in the production, preparation, manufacture, packing, storage, transportation, handling, distribution or sale of any food or drug and may examine and open any package or container which is believed to contain any drug or food manufactured, sold, exposed for sale or had in possession with intent to sell in violation of any provisions of this chapter and inspect the contents thereof and take therefrom samples for analysis.
Every person who shall distribute or sell, offer for distribution or sale, or have in his possession with intent to distribute or sell any drug or food shall, on request and tender of value by this Board or its official representative, deliver so much thereof to the Board as it may request as a sample.
If request for a sample is not immediately complied with, this Board or its official representatives may demand and take so much of the food or drug as it may think necessary, tendering to the person in charge what it deems to be the reasonable value.
Whenever any food or any substance intended to be used in the preparation of food is found being offered or exposed for sale or held in possession with intent to sell which is unfit, in the opinion of this Board, for human use or likely to cause any illness or transmit any disease, this Board shall order the same denatured and removed and it shall be the duty of the owner or person in charge of such substance to remove it immediately and dispose of it at his own expense according to the direction of this Board. In case the owner or person in charge shall fail to remove immediately and dispose of such substance as ordered, the same shall be caused to be denatured, removed, and disposed of by the Board at the expense of said owner or person in charge.
Whenever the owner or person in charge of any food establishment shall fail to keep such food establishment in a sanitary condition after being notified so to do by this Board, or whenever such food or drink or the sale of the same is likely to cause or transmit disease, this Board shall have the power to order closed such food establishment until it shall be put in a sanitary condition or until the food or drink or the sale of the same shall be no longer likely to cause any illness or transmit disease. Such owner or person in charge of any food establishment so ordered closed shall immediately comply with and obey such order and shall not conduct further operations until permission has been granted by this Board.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
FOOD
Includes any substance used or intended to be used as food or drink for human consumption.
FOOD HANDLER'S CERTIFICATION
A certificate issued by the Board of Health of Roselle, or any other agency recognized by the Board of Health of Roselle.
PERSON IN CHARGE
Any person charged with the responsibility of overseeing the operations, including the supervision of employees engaged in the preparing, processing and sale of food or drink intended for human consumption, be it for on- or off-premises consumption.
B. 
Certificate required.
(1) 
No establishment shall be open for business in the preparing, processing and sale of food or drink intended for human consumption without having a person in charge on the premises who has a current food handler's certificate.
(2) 
At least one person on each shift shall have a current food handler's certificate.
(3) 
The food handler's certificate shall not be issued or granted to any person unless the person seeking such food handler's certificate shall have first completed an approved course of general instruction in health education, sanitation, personal hygiene, food protection, dishwashing procedures and other related health matters.
C. 
Application for certificate; course.
(1) 
No establishment shall operate for more than 30 days without the person in charge employed in that establishment applying for a food handler's certificate.
(2) 
No establishment shall operate for more than three months without the person in charge employed in that establishment completing an approved course of instruction in food-handling techniques.
D. 
No person to whom a food handler's certificate is issued or granted shall give, loan, transfer or permit the same to be used by any other person, for any purpose whatsoever.