[HISTORY: Adopted by the Board of Health
of the Township of Hampton 3-18-1975; amended in its entirety 7-21-2009 by Ord. No.
2009-07. Subsequent amendments noted where applicable.]
A.
Chapter 24, Sanitation in Retail Food Establishments and Food and
Beverage Vending Machines (effective date January 2, 2007), N.J.A.C.
8:24-1.1 et seq., and any amendments thereto and as it may be amended
or supplemented in this chapter, is hereby adopted by reference.
B.
Chapter 24, Sanitation in Retail Food Establishments and Food and
Beverage Vending Machines (effective date January 2, 2007), N.J.A.C.
8:24-1.1 et seq., and any amendments thereto and as it may be amended
or supplemented in this chapter, is hereby incorporated in this chapter
by reference and made a part hereof as though it had been set forth
at length herein. A copy of said code is annexed hereto and made a
part hereof without inclusion of the text herein.
Three copies of Chapter 24, N.J.A.C. 8:24-1.1 et seq., have
been placed on file in the office of the Board of Health Secretary
and shall remain on file in such office for the use and examination
by the public.
As used in this chapter, the definitions and terms as set forth
in N.J.A.C. 8:24-1.5, Definitions, as supplemented herein, shall have
the meaning indicated and apply:
- A person in charge in a Risk Type 3 food establishment
who has obtained certification pursuant N.J.A.C. 8:24-2.1(b).
An individual working with unpackaged food, food equipment
or utensils, or food-contact surfaces.
An individual, firm, partnership, company, corporation, trustee,
association or any public, private or other legal entity responsible
for the operation and/or management of a retail food establishment.
The individual present at a retail food establishment who
is responsible for the operation at the time of inspection.
An operation that stores, prepares, packages, serves, vends,
or otherwise provides food for human consumption as defined in N.J.A.C.
8:24-1.5
No person shall operate a retail food establishment, as defined
in N.JA.C. 8:24-1.5, within the Township of Hampton without first
having applied for and received a license to operate a retail food
establishment from the Board of Health and having a certified person
in charge on staff as required by this chapter. Proof of certification
of the person in charge shall be provided with the application.
Each license to operate a retail food establishment issued pursuant
to this chapter shall expire on December 31 of each year. No license
shall be issued for a period greater than one year at any one time.
An application made during the last six months of the license year
shall be accompanied by a fee of 1/2 the amount of the annual fee.
Licenses shall not be transferable.
A.
Person-In-Charge certification.
(1)
Every retail food establishment shall be required to have at least
one certified person in charge per operating shift who has obtained
certification by attending and successfully completing a course approved
by the Board of Health and the Sussex County Department of Environmental
and Public Health Services on the principles of food sanitation. The
Board of Health may certify a person in charge holding a current certification
from another agency with substantially equivalent standards. Certification
as a person in charge shall expire five years from the date of certification.
An applicant may request that the course be waived. In order for a
waiver to be granted, the applicant must successfully pass the examination
for certification.
(2)
A nonprofit organization which serves food to the public shall, each
calendar year, designate a person who shall serve as the person in
charge for said organization. The person so designated as the person
in charge shall be required to comply with the provisions of this
chapter.
B.
Food handler/employee certification.
(1)
All food handling staff is required within two months after starting
employment at a food establishment to become certified in food handling
by taking an educational class in food handling which is approved
by the local Board of Health and/or the Sussex County Department of
Environmental and Public Health Services. This certificate must be
renewed once every five years. If the food handler has a current certificate
as a food protection manager, this may be accepted in place of the
food handling certificate.
(2)
Commercial establishments which sell only prepackaged foods are exempt
from certification requirements.
C.
Certified food protection manager.
(1)
By January 2, 2010, at least one person in charge in a Risk Type
3 food establishment shall be a certified food protection manager
who has shown proficiency in 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 for Food Protection. See N.J.A.C. 8:24-2.1(b).
(2)
Certifications for food protection managers shall expire five years
from date of certification. Certified food protection managers shall
maintain the currency of the food safety certificate by following
the accredited certifying program's requirements for renewal.
The responsibilities of persons in charge are set forth in N.J.A.C. 8:24-2.1 and include but are not limited to the training of food employees under their supervision in the basics of food sanitation. The food establishment operator shall be responsible for seeing that each food employee is a certified food handler and has a food handler's certificate in accordance with § 115-6. Proof of the certification of the food handlers shall be provided during Health Department inspections.
A.
All retail food establishments shall be operated in compliance with
the provisions of this chapter, N.J.A.C. 8:24-1.1 et seq., and Title
24 of the Revised Statutes of New Jersey.
B.
The Health Department through its authorized agent shall inspect
every retail food establishment at least once a year or as often as
it deems necessary. The person operating the retail food establishment
shall permit access to all parts of the establishment.
C.
The certificates of all persons who are in charge and the retail
food license shall be prominently posted at all times in the retail
food establishment. On and after January 2, 2010, the certificate
of the certified food protection manager shall also be prominently
posted.
D.
The following procedures shall be established for the suspension
and/or revocation of licenses and for hearings. Licenses issued pursuant
to this chapter may be suspended and/or revoked by the Board of Health
and/or through its authorized agent for any violation of provisions
of this chapter, the New Jersey State Sanitary Code or Title 24 of
the Revised Statutes of New Jersey.
(1)
When the Board of Health or its duly authorized agent has reason
to suspect that any retail food establishment is or may be a source
of food-borne infection or is in violation of the provisions of the
Code, it shall advise the operator, manager or employees thereof accordingly
and order that appropriate action be taken which will eliminate the
source of infection and/or code violations. In the event that such
action is not taken immediately, the Board of Health and/or its authorized
agent may cause an order to be issued requiring the establishment
to be closed in order to protect the public health. The order for
immediate closure shall provide the alleged violator an opportunity
to be heard within a reasonable time, not to exceed 15 days, while
the order remains in effect.
(2)
Any person or entity aggrieved by the denial of a license to operate a retail food establishment or by an order seeking the suspension or revocation of a license to operate a retail food establishment other than an immediate closure order as set forth in Subsection D(1) above shall have the right to appeal said license denial or proposed suspension or revocation to the Board of Health. The notice of denial and/or the order providing for the suspension or revocation of the license to operate shall set forth that the operator shall have the right to appeal by serving a written notice of appeal upon the Secretary of the Board of Health within 15 days of receipt of said notice or order. The Board of Health shall set a time and place for a hearing of the appeal within a reasonable time, not to exceed 30 days, after receipt of the notice of appeal.
(3)
At any hearing of the Board of Health held pursuant
to this section, the licensee or appellant may be represented by counsel
and may present evidence, including testimony of witnesses on his
behalf.
The following fees shall apply:
B.
Nonprofit exemptions. No fee shall be charged for a permit to a church,
school or nonprofit organization, society or group; provided, however,
that this fee exemption shall not apply to a commercial caterer serving
food at a function of any such organization. An applicant may be required,
at the discretion of the Board's Secretary, to produce a tax
exemption certificate or other proof of nonprofit status.
Any person, firm, corporation or association violating any provisions of this chapter shall, upon conviction thereof, be subject to the fines and penalties as set forth in § 1-14.1 of the Code of Hampton Township.
