[HISTORY: Article I adopted by the Board of Health of the Township
of Sandyston as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-14-1972]
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.
[Adopted 7-14-1972]
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]
A.
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.
B.
Certified manager required; exceptions.
(1)
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.
(2)
The following types of retail food establishments are
specifically exempt from the provisions of this section:
C.
Certification requirements.
(2)
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.
(3)
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.
(4)
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.
D.
Expiration and renewal of certificate.
(1)
Certification as a food service manager shall expire
on January 31 of each year, unless extended or earlier terminated as hereinafter
stated.
(2)
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.
(3)
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.
E.
Causes for terminating certificate.
(1)
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:
(2)
The reinstatement of certification as a food service
manager shall require compliance with the requirements of initial certification
as a certified food service manager.
F.
Training of food handlers.
(1)
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.
(2)
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.
[Amended 6-1-1978]
The fees for licensure of retail food establishments are hereby fixed
as follows:
A.
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.
B.
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.
C.
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.
[Amended 10-2-1986]
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.
