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Township of Sandyston, NJ
Sussex County
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[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.]
[1]
Editor's Note: This ordinance also repealed former Ch. 170, Retail Food Establishments, which consisted of Art. I, Standards, and Art. II, Licensing, both adopted 7-14-1972, as amended.
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."
CERTIFIED FOOD PROTECTION MANAGER
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.
FOOD EMPLOYEE
An individual working with unpackaged food, food equipment or utensils, or food-contact supplies.
FOOD ESTABLISHMENT "OPERATOR"
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.
FOOD SERVICE MANAGER/PERSON IN CHARGE
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.
HEALTH AUTHORITY
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.
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.
RISK
The likelihood that an adverse health effect will occur within a population as a result of a hazard in a food.
TEMPORARY RETAIL FOOD ESTABLISHMENT
A retail food establishment that operates for a period of up to four days in conjunction with a single event or celebration.
A. 
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. 
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. 
All licenses issued during the calendar year shall expire on December 31 of the same year.
D. 
Operating with an expired license shall be considered as operating without a license.
E. 
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.
A. 
Every food establishment shall have at least one person in charge that is responsible for the operation. The person in charge must be present at the time of inspection.
B. 
A Risk Type 3 food establishment must have a Certified Food Protection Manager as per Chapter 24.
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.
A. 
The fees for licensure of retail food establishments are hereby fixed as follows:
(1) 
Permanent establishments, annual: $50.
(2) 
Religious and/or nonprofit organizations: no charge.
B. 
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. 
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. 
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. 
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. 
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.