For the purposes of this article, the terms used herein are
defined as follows:
Any article of food or drink, a source of food or drink,
a method, a device or a piece of equipment, which meets the requirements
of this Board or the State Department of Health.
Any person who handles food or drink during preparation or
serving, or who comes in contact with any eating or cooking utensil,
or who is employed in a room in which food or drink is prepared or
served, including the term "person" as further defined.
The Health Officer or other official possessing a license
issued by the State Department of Health under the provisions of N.J.S.A.
26:1A-41 who is designated by the Board of Health to enforce this
chapter, except Plumbing Inspectors and public health laboratory technicians.
All confectionery and every article used as food or as drink
for human consumption, and all articles used for components of any
such article.
An individual, firm, corporation, association, society or
partnership and its agents or employees.
Restaurants, taverns, box-lunch establishments, bakeries,
meat markets, delicatessens, luncheonettes, caterers, soda fountains,
food vending vehicles, grocery stores and any other place in which
food or drink is prepared or stored for public consumption, distribution
or sale at retail, including vehicles used in connection therewith
and all places where water for drinking or culinary purposes is available
for public use.
Every delivery of food, whether the same is by direct sale
or the solicitation or acceptance of an order for food, including
the exchange, barter, traffic in, keeping and exposing for sale, displaying
for sale, serving with meals, delivering for value, peddling, possessing
with intent to sell, and the gratuitous delivery or gift of any food
by any licensee or person to whom a food certificate has been issued
or by any other person.
The process of rendering eating or drinking utensils free
from disease-producing bacteria so that they have been cleansed and
disinfected as to have a total bacterial count of not more than 100
per utensil when sampled in accordance with approved methods in an
approved laboratory.
Any kitchenware, tableware, glassware, cutlery, containers
or other equipment with which food or drink comes in contact.
A.
No person shall conduct, maintain or operate a food establishment
without first obtaining from this Board a license, certificate or
permit so to do.
[Amended 5-20-2019 by Ord. No. BOH 01-2019; at time of adoption of Board
of Health codification; see Ch. BH:1, Art. I, Adoption of Code by
Board of Health]
B.
Fees.
[Amended 5-20-2019 by Ord. No. BOH 01-2019]
(1)
Fees in accordance with the following schedule shall be paid
before any license required in this article shall be issued, except
that payment of a fee may be waived by the Board of Health at its
discretion for any municipal facility, church, school or building
which does not receive any remuneration for the dispensing of food
or drink upon receipt of a written application for fee waiver from
the person conducting, maintaining or operating such an establishment.
[Amended at time of adoption of Board of Health codification;
see Ch. BH:1, Art. I, Adoption of Code by Board of Health]
(2)
Nonprofit organizations must obtain a license annually. The
fee may be waived on application to the Board for a waiver of the
licensing fee based on nonprofit status
C.
Reinspection fees for retail food establishments.
[Amended 6-25-2012 by Ord. No. BOH 2-2012]
(1)
There is hereby established a fee for reinspection of any retail
food establishment receiving a posting of conditional satisfactory
or unsatisfactory in the amount of $100 (first conditional or unsatisfactory
posting); $250 (second conditional or unsatisfactory posting within
24 months); $500 (third and subsequent conditional or unsatisfactory
posting within 24 months) and a mandatory Board hearing after the
third conditional or unsatisfactory posting within 24 months.
[Amended at time of adoption of Board of Health codification;
see Ch. BH:1, Art. I, Adoption of Code by Board of Health]
(2)
This is in recognition of the fact that repeated "conditionally
satisfactory" and "unsatisfactory" ratings represent a hazard to the
public health and repeat inspections are costly. The repeat inspections
and cost reimbursement fees shall not in any way preclude, preempt,
interfere with or be a substitute for legal action in the courts or
before the Board of Health to assure correction of the violations.
Such fees are in addition to the annual license fee and shall not
be considered penalties, but such fees shall be charged and shall
be paid to offset the costs and expenses of such reinspection by the
Board of Health. Reinspection fees as stated above must be paid within
10 days from the initial retail food inspection date. Failure to pay
the reinspection fee within the required time period will result in
closure of the establishment pending a Board of Health hearing.
D.
The cost of laboratory tests required because of a complaint or suspect
food illness or a retest required because of unsatisfactory results
on the prior test shall be assessed to the retail food establishment
or added onto the annual license fee. This is in recognition that
the food establishment license fees established by this code are not
adequate to cover additional costs incurred by the regulatory agency
as a result of such tests.
E.
Licenses issued under the provisions of this article, unless sooner
forfeited or revoked by this Board, shall expire annually on the 31st
day of December of each year. A late fee of $50 per month shall be
assessed for each month or portion thereof a license is renewed after
January 31.
F.
New food establishments licensed on or after July 1 through December
31 shall pay 1/2 of the annual fee for a license to operate.
G.
A license may be suspended or revoked for a violation by the holder
of any provisions of this article or chapter after an opportunity
for a hearing by this Board or its authorized representative.
H.
No license is transferable by sale or otherwise.
I.
Such license shall be posted in a conspicuous place in such establishment
or, if an itinerant establishment, shall be readily available for
display.
J.
All fees for licenses shall be paid to the Board of Health.
[Amended 6-25-2012 by Ord. No. BOH 2-2012; 5-20-2019 by Ord. No. BOH 01-2019; at time of adoption
of Board of Health codification; see Ch. BH:1, Art. I, Adoption of
Code by Board of Health]
|
Item
|
Fee
|
|---|---|
|
Retail food establishment plan review (per plan)
|
$200
|
|
Limited preexisting establishment alteration
|
$75
|
|
Public swimming pools (regulations under N.J.A.C. 8:26):
Swimming pools/recreation bathing (nonresidential)
| |
|
Plan review
|
$100
|
|
Construct
|
$250
|
|
Alter
|
$250
|
|
Operate
|
$250
|
|
Reinspection
|
$100
|
|
Septics:
| |
|
Plan review/approval
|
$175
|
|
Permit to install septic system
|
$175
|
|
Permit to conduct business of cleaning tanks
|
$175
|
|
Wells:
| |
|
Permit to install well (alter or construct)
|
$175
|
|
Vital statistics:
| |
|
Certified copies or resulting documents of birth
|
$20 each
|
|
Certified copies or resulting documents of marriage
|
$20 each
|
|
Certified copies or resulting documents of death
|
$10 each
|
|
Certified copies or resulting documents of domestic
partnership
|
$20 each
|
|
Certified copies or resulting documents of civil
union
|
$20 each
|
|
Burial permit
|
(Per N.J.S.A. 26:6-17 et seq.)
|
|
Amendments of vital records
|
$50 each
|
|
Disinterment permit
|
(Per N.J.S.A. 26:6-17 et seq.)
|
|
Transit permit
|
(Per N.J.S.A. 26:6-17 et seq.)
|
|
Marriage license
|
(Per N.J.S.A. 37:1-12, 12.1 et seq.)
|
|
Domestic partnership fee
|
(Per N.J.S.A. 37:1-12, 12.1 et seq.)
|
|
Civil union license fee
|
(Per N.J.S.A. 37:1-12, 12.1 et seq.)
|
|
Miscellaneous permits:
| |
|
Incinerators
|
$100
|
|
Body art license (regulations under N.J.A.C. 8:27-1
et seq.)
|
$200
|
The enforcing official may take and examine samples of food,
drink and other substances in accordance with the "Sanitation in Retail
Food Establishments, Food and Beverage Vending Machines, and Cottage
Food Operations," N.J.A.C. 8:24 et seq.
[Amended 9-21-2020 by Ord. No. BOH 1-2020]
A.
The enforcing official shall inspect every retail food-handling establishment
in accordance with the "Sanitation in Retail Food Establishments,
Food and Beverage Vending Machines, and Cottage Food Operations,"
N.J.A.C. 8:24 et seq.
B.
Every retail food establishment must post the most current evaluation
placard in one of the following prominent locations clearly visible
to the patron:
(1)
The main entrance door from four feet to six feet off the ground
or floor;
(2)
A front window within five feet of the main entrance;
(3)
A display case mounted on the outside wall within five feet
of the main entrance;
(4)
If there is no direct entrance to the street, final determination
of the placard will be made by the Health Department and placed in
a clearly visible area to the public.
Retail food-handling establishments shall comply with the rules
and regulations as set forth in the "Sanitation in Retail Food Establishments,
Food and Beverage Vending Machines, and Cottage Food Operations,"
N.J.A.C. 8:24 et seq.
The regulations covering this item are found in "Sanitation
in Retail Food Establishments, Food and Beverage Vending Machines,
and Cottage Food Operations," N.J.A.C. 8:24 et seq.
The regulations covering this item are found in "Sanitation
in Retail Food Establishments, Food and Beverage Vending Machines,
and Cottage Food Operations," N.J.A.C. 8:24 et seq.
A.
FOOD
FOOD HANDLER'S CERTIFICATION
PERSON IN CHARGE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Includes any substance used or intended to be used as food
or drink for human consumption.
A certificate issued by the Board of Health of Summit or
any other agency recognized by the Board of Health of Summit.
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.
[Amended at time of adoption of Board of Health codification;
see Ch. BH:1, Art. I, Adoption of Code by Board of Health]
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 supervisor on the premises who has a food handler's
certificate. A food handler's certification shall be valid for a period
of two years from the original date of issue.
(2)
In the event that such establishment operates 24 hours a day,
at least one person on each shift shall have a 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.
(4)
In the event the retail food establishment receives two or more
conditional satisfactory ratings within a twelve-month period, or
receives an unsatisfactory rating, all food handlers as set forth
above must reattend a food handler's certification program within
a six-month period.
C.
Application for certificate; course.
[Amended at time of adoption of Board of Health codification;
see Ch. BH:1, Art. I, Adoption of Code by Board of Health]
(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 Risk Type 3 or Risk Type 4 retail food establishment shall
operate for more than 90 days without the person in charge employed
in that establishment completing an approved food manager's course.
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.
No person in charge of or in control of any park, playground,
railroad station, theater, hotel, boardinghouse, factory or any other
public place shall furnish or permit any common drinking cup or utensil
to be used.
