[HISTORY: Adopted by the Board of Health
of the Township of Sandyston 2-11-2020 by Ord. No. 2020-02.[1] 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.
The said code established and adopted by this chapter is described
and commonly known as N.J.A.C. 8:24-1.1 et seq., Chapter 24 of the
New Jersey State Sanitary Code, "Sanitation in Retail Food Establishments
and Food and Beverage Vending Machines."
Three copies of the said Sanitation in Retail Food Establishments
and Food and Beverage Vending Machines Code have been placed on file
in the office of the Secretary of the Board of Health for Sandyston
Township for examination and use by the public. Printed copies of
the code and this chapter shall be available to citizens upon request
for a charge to be established by the municipality.
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, as set forth in Title 26 "Health
and Vital Statistics," N.J.S.A. 26:1A-10, of not less than $50 nor
more than $1,000 for each violation. Each day a particular violation
continues shall constitute a separate offense.
The definitions listed below are per N.J.A.C. 8:24-1.1 et seq.,
Chapter 24 of the New Jersey State Sanitary Code, "Sanitation in Retail
Food Establishments and food and Beverage Vending Machines."
At least one person in charge in Risk Type 3, as defined
in Chapter 24, Food Establishments, shall be a certified food protection
manager who has shown proficiency of required information through
obtaining a food safety certificate by passing a food safety certification
examination administered by an accredited certifying program recognized
by the Conference of Food Protection.
An individual working with unpackaged food, food equipment
or utensils, or food-contact supplies.
The entity that is legally responsible for the operation
of the retail food establishment such as the owner, the owner's
agent, or other person.
Any person responsible for the immediate supervision of food
handlers and other workers involved in the operation and sanitary
maintenance of a retail food establishment. The person in charge shall
demonstrate knowledge of foodborne disease prevention and the requirements
of Chapter 24. In an establishment having no employees or a single
employee, the "food service manager" is the food establishment operator
or the single employee.
The duly licensed agent of the local board of health and/or
State Department of Health and Senior Services to act in the enforcement
of its ordinances and sanitary laws of the State.
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.
The likelihood that an adverse health effect will occur within
a population as a result of a hazard in a food.
A retail food establishment that operates for a period of
up to four days in conjunction with a single event or celebration.
A.Â
It shall be unlawful for any person, persons, firm, or corporation to conduct a retail food establishment as defined in Chapter 24 of the State Sanitary Code, referred to in § 170-2, without first having obtained a license from the Board of Health Secretary. This license shall only be issued if the retail food establishment complies with all of the provisions concerning operation and maintenance of the same as contained in the aforementioned Chapter 24 of the State Sanitary code and this chapter and any other applicable state laws and regulations and local ordinances.
B.Â
The license is not transferable. If there is a change in ownership and/or management of the business, a new license must be applied for with the Board of Health Secretary. A license shall expire as contained in Subsection C below. Operating on another person's, persons', firm's or corporation's license shall be considered as operating without a license.
C.Â
All licenses issued during the calendar year shall expire on December
31 of the same year.
D.Â
Operating with an expired license shall be considered as operating
without a license.
E.Â
Separate licenses shall be required for each separate retail food
establishment operation even if the operations are owned and managed
by the same person, persons, firm or corporation, are on the same
tax block and lot and/or are located within the same building. A "separate
retail food establishment operation" is defined as an operation which
has a separate kitchen, food preparation area, display and/or bar
unless the bar or display area is directly adjacent to the kitchen
or food preparation area.
The responsibilities of persons in charge are set forth in N.J.A.C.
8:24-2.1 et seq., Chapter 24 of the New Jersey State Sanitary Code,
"Sanitation in Retail Food Establishments and food and Beverage Vending
Machines," and include but are not limited to the training of food
employees under their supervision in the basics of food sanitation.
B.Â
Temporary retail food license. A retail food establishment operator
may obtain a temporary food license at the cost of $25. A temporary
retail food license is valid up to four days for a single event.
C.Â
Nonprofit exemptions. No fee shall be charged for a permit to a church,
fire department, school or nonprofit organization, society or group.
An applicant may be required, at the discretion of the Board of Health
Secretary, to produce a tax exemption certificate or other proof of
nonprofit status.
A.Â
Any license to operate a food establishment issued under the terms
and provisions of this chapter may be suspended for a violation by
the licensee or any licensee's employee if it is determined through
inspection, or examination of employees, food, records or other means
as specified in N.J.A.C. 8:24-1.1 et seq., Chapter 24 of the New Jersey
State Sanitary Code, "Sanitation in Retail Food Establishments and
food and Beverage Vending Machines," that an imminent health hazard
exists.
B.Â
A license issued under the terms and provisions of this chapter shall
not be revoked or cancelled until a hearing thereon shall have been
held 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 to the licensee or establishment manager or mailed by regular
mail and certified mail return receipt requested with the United States
Post Office, addressed to the licensee at the business address appearing
upon said license. At the hearing before the Board of Health, the
licensee shall have an opportunity to answer and may thereafter be
heard, and upon due consideration and deliberation by the Board of
Health and the Health Authority, 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.Â
If any such license shall have been revoked, canceled or suspended,
the licensee must cease operation immediately and shall not be entitled
to carry on a retail food business within the Township unless the
Health Authority approves the issuance of a new license as per the
provisions of this chapter or N.J.A.C. 8:24-1.1 et seq., Chapter 24
of the New Jersey State Sanitary Code, "Sanitation in Retail Food
Establishments and food and Beverage Vending Machines."
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.