[HISTORY: Article I adopted by the Board of Health of the Township of Sandyston as indicated in article histories. Amendments noted where applicable.]
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 26:3-69.6. A copy of said code is annexed hereto and made a part hereof without the inclusion of the text thereof herein.
Said code is established and adopted by this Article and is commonly known as the "Retail Food Establishment Code of New Jersey (1965)."
Three copies of said Retail Food Establishment Code of New Jersey (1965) have been placed on file in the office of the Secretary of this local Board of Health upon the introduction of this Article and will remain on file there until final action is taken on this Article for use and examination by the public.
Any person who violates any provision of or order promulgated under this Article or code established herein shall, upon conviction thereof, be liable to a penalty of not less than $2 nor more than $500 for each violation. Each day a particular violation continues shall constitute a separate offense.
It shall be unlawful after January 1, 1973, for any person or any body corporate to conduct a retail food establishment, as defined in and governed by the Retail Food Establishment Code of New Jersey (1965), established by ordinance of the local Board of Health, without first having procured a license from the local Board of Health so to do or without complying with any or all of the provisions concerning operation and maintenance of the same, as contained in the aforementioned Retail Food Establishment Code of New Jersey (1965).
[Added 10-10-1995 by Ord. No. BH-194]
Definitions. As used in this section, the following terms shall have the meanings indicated:
- FOOD ESTABLISHMENT OPERATOR
- The individual proprietor or the agent of the partnership, corporation, firm or organization directly responsible for the overall management of a retail food establishment.
- FOOD HANDLER
- Any person, whether employer or employee, who handles food or drink during preparation or serving or who comes in contact with any eating, drinking or cooking utensil or who works in a room in which food or drink is prepared or served.
- FOOD SERVICE MANAGER
- Any person responsible for the immediate supervision of food handlers and other workers involved in the sanitary maintenance of a retail food establishment. In an establishment having no employees or a single employee, the "food service manager" is the food establishment operator or the single employee.
- RETAIL FOOD ESTABLISHMENT
- Any fixed or mobile restaurant; coffee shop; cafeteria; short order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub; roadside stand; industrial feeding establishment; public organization or institution serving food; catering kitchen; commissary; box lunch establishment; retail bakery; meat market; delicatessen; grocery store; public food market; or similar place in which food or drink is prepared for retail sale or for service on the premises or elsewhere; and any other retail eating or drinking establishment or operation where food is served, handled or provided for the public.
Certified manager required; exceptions.
The staff of every retail food establishment shall include at least one certified food service manager. An establishment shall not be issued a retail food establishment license unless its staff includes a certified food service manager.
The following types of retail food establishments are specifically exempt from the provisions of this section:
A person seeking certification as a food service manager shall make application for certification to the Secretary of the Board of Health on forms provided by the Secretary of the Board of Health prior to assuming duties as a food service manager.
Upon the filing of an application with the Secretary of the Board of Health, the name of the applicant shall be placed on a temporary certification register. Such temporary certification shall be valid until the next scheduled approved course and examination are offered.
The Board of Health may waive the requirements of an approved course and examination and may certify a food service manager holding a current certification from another agency with substantially equivalent standards.
Expiration and renewal of certificate.
Certification as a food service manager shall expire on January 31 of each year, unless extended or earlier terminated as hereinafter stated.
Certification as a food service manager may be renewed upon application made on forms provided by the Secretary of the Board of Health at least 30 days prior to expiration. The requirements for such certification renewal shall be the same as for initial certification, except that an applicant for certification renewal may request that the course requirements be waived. If the Board of Health shall grant such waiver, certification shall be renewed upon the applicant's successful completion of an approved written examination.
After a food service manager has renewed certification one time, subsequent renewals shall be issued upon application by the food service manager, provided that certification is not otherwise terminated.
Causes for terminating certificate.
The Board of Health shall, from time to time, cause inspections to be conducted and/or samples to be collected to determine an establishment's compliance with Chapter 12 of the New Jersey State Sanitary Code. The certification of all food service managers employed in the establishment shall terminate forthwith if inspection results in the following:
The reinstatement of certification as a food service manager shall require compliance with the requirements of initial certification as a certified food service manager.
Training of food handlers.
Certified food service managers shall be responsible for training food handlers under their supervision in the basics of food sanitation. Food establishment operators shall be responsible for assuring that organized training activities are conducted for the training of all food handlers employed by the retail food establishment.
The Board of Health, upon its option, shall monitor training activities conducted by the retail food establishment and shall, where practicable, assist food service managers and food establishment operators in developing an effective food handlers' training program.
The fees for licensure of retail food establishments are hereby fixed as follows:
Any license issued under the terms and provisions of this Article may be suspended or revoked by the Board of Health of this municipality for the violation by the licensee of any provisions of this Article or the Retail Food Establishment Code of New Jersey (1965); 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 this municipality; or that the person or persons conducting the retail food establishment are 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.
A license issued under the terms and provisions of this Article shall not be revoked, canceled 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 by deposit in the United States Post Office of 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 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.
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 township unless the application for such license shall be approved by the Board of Health.
No provision of this Article shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.
Any person, firm or corporation who shall violate any of the provisions of this Article shall, upon conviction, be punished by a fine of not to exceed $1,000 or by imprisonment in the county jail for a period of not to exceed 90 days, or by both such fine and imprisonment, and each violation of any of the provisions of this Article and each day the same is violated shall be deemed and taken to be a separate and distinct offense.