A code regulating the construction, operation
and maintenance of retail food establishments and fixing penalties
is hereby established pursuant to Chapter 12 of the New Jersey State
Sanitary Code. A copy of the code is annexed hereto and made a part
hereof without the inclusion of the text herein.
The code established and adopted by this chapter
is described and commonly known as "Chapter 12 of the New Jersey State
Sanitary Code" which was adopted on October 16, 1972.
Three copies of Chapter 12 of the New Jersey
State Sanitary Code adopted October 16, 1972, have been placed on
file in the office of the Secretary of the Board of Health for the
use and examination by the public.
A.
Contaminated food. No person shall manufacture, produce,
pack, possess, sell, offer for sale, deliver or give away any food
which contains microorganisms in excess of any of the following standards:
B.
Mop Sinks. Mop sinks shall be provided in all new
establishments, effective January 1, 1976, establishments which undergo
substantial alterations or if a change of licenses occurs. This sink
shall be separate from handwashing sink or dishwashing sink.
C.
Food course. Each establishment shall be required
to send a representative to an annual seminar conducted by the Board
of Health of the Town of Boonton, which seminar shall deal with, among
other things, instruction and training in the latest sanitary and
health regulations.
D.
Fat percent. Ground beef shall contain no more than
30% fat by either extraction method or other method recognized by
Standard Methods, current edition.
E.
Ventilation. All vent hoods shall be so designed and
constructed to insure proper exhaust of noxious vapors, or grease
hoods shall conform to the NFPA Code No. 90. All hoods are required
to have filters set at a forty-five-degree angle with drip rails and
drip pan to preclude dripping of grease on food products. All hoods
shall be sized to exclude vapor, grease and noxious odors throughout
the establishment. No home hood shall be used under a grill area or
when a deep fat fryer is used.
F.
Extermination.
(1)
All establishments covered by this section shall be
required to obtain the services of a state-licensed and/or state-registered
pest control expert at least once a month to insure against the existence
of rodents, insects and other vermin, except that any establishment
selling or otherwise dispensing only prepackaged foods shall be required
to obtain such services once every three months or more frequently
as may be deemed necessary by the Health Officer, Health Administrator
or Sanitarian.
(2)
Only such state-licensed and/or state-registered extermination
experts shall be allowed to treat food establishments.
(3)
No aerosol cans of insecticides or rodent poison shall
be used by owners of the establishments themselves within the area
of said establishment.
G.
Vehicles. All vehicles used for the transportation
of food and/or drink must be properly designed to ensure against spoilage
and/or contamination. All hazardous foods must be transported at either
above 140° F. or below 45° F. while contained in any such
vehicle.
H.
Sanitary facilities in food handling establishments.
(1)
Facilities required. Every food handling establishment
shall have adequate toilet and handwashing facilities, with hot and
cold running water, soap, soap dispensers, noncommon towels and receptacles
for waste paper. These shall be installed and maintained in a sanitary
condition and in proper working order at all times for use by the
employees. Continuous roll towels shall constitute a common towel.
(2)
Minimum standards. The minimum standard of adequacy
of toilet facilities shall be in accordance with standards set by
the Department of Labor and Industry Pamphlet No. 238. Three copies
of said pamphlet are on file with the Secretary of the Board of Health
of the Town of Boonton for the use and examination by the public.
(3)
Every restaurant shall have at least one toilet facility
within the establishment for customers.
(4)
Ventilation; doors. All toilet rooms shall be effectively
ventilated and equipped with self-closing doors which open outward.
The minimal standard for effective ventilation shall require that
every toilet room be provided with sufficient ventilating facilities
to ensure at least four complete changes of air per hour. When natural
ventilation does not accomplish this result, there shall be provided
an auxiliary or power ventilating system.
I.
Packaging and labeling of meat; clear packaging required;
exception. No food dealer shall sell or offer or expose for sale at
retail any sealed, prepackaged, unprocessed or untreated fresh cut
meat or frozen meat unless the packaging is colorless and transparent
on all sides, exclusive of labeling. The labeling shall not occupy
more than 10% of one side of the package. No food dealer shall sell
or offer for sale any fresh cut or frozen meat layered or shingled
making the entire contents of the package not wholly visible. This
subsection shall not apply to meat commonly designated or known as
"chopped meat" or "ground meat."
J.
FOOD AND DRINK ESTABLISHMENT (NONSEATING)
FOOD DEALER
INSTITUTIONS
PREPACKAGED FOOD ESTABLISHMENT
RESTAURANT
SUPERMARKETS
Definitions. As used in this article, the following
terms shall have the meanings indicated:
Any fixed establishment, coffee shop, short order cafe, luncheonette,
tearoom, sandwich shop, soda fountain, roadside stand, convenience
store or any similar establishment which is engaged in the commercial
sale of food and drink. This definition includes commercial and noncommercial
(nonprofit) corporations, associations, limited liability companies,
individuals and other form of entity which sells food and drink.
Every person engaged in the business of selling, offering
or exposing for sale food at retail for human consumption, either
on or off the premises where sold.
Any industrial feeding establishment, cafeteria or school
cafeteria which is privately operated and where food is consumed on
the premises.
Every store, gift shop, stationery store, pharmacy, card
shop, magazine shop, package liquor store, or any operation where
food, which has been prepackaged for distribution by any party is
sold or offered for sale.
Any establishment as defined in the definition of "food and
drink establishment (nonseating)" and including tavern, bar, cocktail
lounge, night club, or other similar establishment where seating is
available for on-site consumption of food as defined in N.J.A.C. 8:24-1.5.
[Amended at time of adoption of Code (see Ch. 301, General
Provisions, Board of Health, Art. I)]
Any food and drink establishment with more than 2,500 square
feet of floor space devoted to sales of food and drink for off-premises
consumption.
K.
Food protection.
(1)
Only USDA inspected and approved meat shall be broken
down, cut and sold within a retail food establishment.
(2)
All meat products that enter a retail food establishment
shall be handled so as to avoid contamination from natural or other
contaminants.
(3)
No food handling shall be conducted in a manner which
may constitute the adulteration or misbranding of food products. Food
may not be prepared in any home for the use in a retail food establishment.
Written approval of the Board may be given for such home preparation
after all requirements of this article are met at such place of preparation.
L.
Wholesale. Wholesale food establishments shall be
licensed and inspected in accordance with this article and the phrase
"retail food establishment" shall include wholesale food establishments
for such purposes.
M.
Retail food licenses.
(1)
No person shall, within the Town of Boonton, operate
or allow to be operated a retail food establishment, mobile retail
food establishment, and/or prepackaged food establishment as defined
herein without first having obtained an appropriate license or licenses
from the Board of Health in such form or forms as the Board may from
time to time issue.
