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Borough of East Rutherford, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Borough of East Rutherford as indicated in article histories. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Sanitary Code — See Ch. 396.
[Adopted 12-3-1998 by Ord. No. BH98-1]
A code regulating retail food handling establishments, providing for the inspection of such establishments and fixing penalties for violations is hereby established pursuant to N.J.S.A. 2:3-69.1 to 2:3-69.6.
[Amended 11-1-2007 by Ord. No. 2007-6]
Said Code established and adopted by this article is described and commonly known as the "New Jersey Sanitary Code, Chapter 24, 'Sanitation in Retail Food Establishments and Food and Beverage Vending Machines.'"
[Amended 11-1-2007 by Ord. No. 2007-6]
Three copies of said State of New Jersey Sanitary Code, Chapter 24, have been placed on file in the office of the Secretary of this local Board of Health upon introduction of this ordinance and will remain on file there until final action is taken on this ordinance for the use and examination of the public.
[Amended 11-1-2007 by Ord. No. 2007-6]
A. 
No retail food establishment, including restaurant, diners and any other establishments selling or serving food to the public in the Borough of East Rutherford, shall be granted a retail food establishment license unless the owner, manager or employee in charge of other employees serving food on each particular shift has successfully completed a course prescribed by the East Rutherford Board of Health pertaining to health, education, sanitation, personal hygiene, food poisoning, dish-washing procedures, germs, insects and rodents, and other health-related matters. The certificate of satisfactory completion of a three-hour food handler's course or similar food handler's course shall be effective for two years from the date of the issuance.
B. 
Completion of course; temporary license.
(1) 
Commencing upon publication of this section after final passage, each owner, manager or employee in charge of other employees serving food on each particular shift shall complete the first available food handler's course prior to the Board of Health issuing an annual license to the retail food establishment. In addition, before a license shall be issued, the retail food establishment shall pay the appropriate fee in accordance with this article.
(2) 
Commencing upon publication of this section after final passage, where an owner, manager or employee in charge of other employees serving food on each particular shift has not completed a food handler's course as set forth in Subsection A of this section, the East Rutherford Board of Health may issue a temporary retail food license which shall expire 90 days thereafter. For the issuance of such a temporary retail food license, the retail food establishment shall pay the normal fee charged for the permit together with a special surcharge for the temporary retail food license in the amount of $50.[1] No part of the surcharge shall be returned. The surcharge shall be used for the sole purpose of administering this article on those retail food establishments whose owner, manager or employee in charge of other employees serving food on each particular shift has not successfully completed a food handler's course as set forth in Subsection A of this section.
[1]
Editor's Note: See Ch. 396, Sanitary Code, Schedule of Fees.
C. 
Additionally, commencing upon publication of this section after final passage, each new owner or manager of a retail food establishment where food is prepared is required to take the first available food manager's certification course approved by the Board of Health, and employees in charge of other employees serving food on a particular shift must take the three-hour food handler's course or similar food handler's course approved by the Board of Health. The East Rutherford Board of Health shall issue a temporary retail food license which shall remain in effect for 90 days from the date of its issuance or until the required food manager's certification course and food handler's course has been given and satisfactorily completed. This person attending the food manager's course must be the person in charge of the daily operation of food preparation. For the issuance of such a temporary retail food license, the retail food establishment shall pay the normal fee charged for the permit together with a special surcharge for the temporary retail food license in the amount of $50.[2] No part of the surcharge shall be returned.
[2]
Editor's Note: See Ch. 396, Sanitary Code, Schedule of Fees.
D. 
If there is no owner, manager or employee in charge of other employees serving food to others on each particular shift who has satisfactorily completed the approved food manager's certification course or three-hour food handler's course in accordance with this article, then the retail food establishment shall be issued a summons to appear before the East Rutherford Board of Health to answer to the violation.
E. 
Ratings; summons.
(1) 
Any retail food establishment which receives an "unsatisfactory" rating from the appropriate official inspecting the premises shall immediately cease from serving any food or similar products until the license has received a "satisfactory" rating from the inspector conducting such inspections.
(2) 
Any retail food establishment which receives two consecutive conditional "satisfactory" ratings within any one-year period, shall have its owner or manager appear at the next meeting of the East Rutherford Board of Health to show cause why its license shall not be suspended for failing to operate its premises in accordance with Chapter 24 of the New Jersey Sanitary Code. The conditional "satisfactory" shall be posted on the premises for such time as the Board of Health and/or inspector believes it is necessary for the preservation of the public health and safety. In addition, its owner or manager must take and satisfactorily complete the next available approved food manager's certification course.
(3) 
In addition to the remedies stated above, the inspector conducting the inspections shall cause appropriate summons to be issued for the violation of Chapter 24 of the New Jersey Sanitation Code, ordinances of the Borough of East Rutherford and applicable statutes of the State of New Jersey.
Any person who violates any provision of or order promulgated under this Ordinance shall, upon conviction thereof, be liable to a penalty of not less than $50, nor more than $500 for each violation. Each day a particular violation continues shall constitute a separate offense.
[Adopted 9-12-2013 by Ord. No. 2013-01]
No person, persons, firm or corporation shall operate a temporary food establishment within the limits of the Borough of East Rutherford or permit the operation of any of the same on the premises or property unless and until following license therefor are first obtained from the Department of Health:
A. 
Temporary food establishment license. The person, persons, firm or corporation responsible for organizing and running a special event involving the serving of food to the public, whether with or without charge, including carnivals, circuses, picnics, fairs end similar events, shall apply for and obtain a temporary food establishment license.
B. 
A temporary food establishment license shall be required for each individual stand, kiosk, booth, table, or similar conveyance at the special event from which food will be served to the public. It shall be the duty of the temporary food license applicant to apply for and obtain all temporary food establishment licenses necessary for the event. The temporary food establishment licensee shall ensure that only licensed temporary food establishments operate at this event.
The person, persons, firm or corporation responsible for organizing and running a special event involving the serving of food to the public shall apply, in writing, on forms promulgated and supplied by the Department of Health. Such forms shall be duly verified by the applicant. The applicant shall set forth:
A. 
The name, permanent addresses and telephone number of the person, persons firm or corporation who shall serve as the temporary food establishment licensee and who shall be responsible for organizing and running a special event involving the serving of food to the public.
B. 
If the applicant is a corporation, partnership, LLP or LLC, the name and address of its registered agent.
C. 
The full name, location, date(s), and rain date(s) for the special event.
D. 
A list for all temporary food establishments which will be operating at the event and the name, permanent address and telephone number for the person, persons, firm or corporation who will be operating each temporary food establishment, along with a list of foods which will be prepared and served at the establishment.
Upon receipt of an application for a special event in which food will be served to the public, the Department of Health shall conduct an investigation into the plans for preparation and serving of the food, including qualifications of food handlers and the type of equipment to be used. Upon preliminary satisfactory evidence of compliance with this article and N.J.A.C. 8:24-1.1 et seq., the Department of Health shall issue a temporary food establishment license. Based on the Registered Environmental Specialist's investigation, a food handler's certificate may be necessary in order to obtain a temporary license. All applications for special event temporary food establishment licenses must be completed and submitted to the Department of Health at least 10 calendar days before the event.
A. 
The following license fees shall be made payable to the Borough of East Rutherford:
(1) 
Temporary food establishment license for nonpotentially hazardous foods: $25.
(2) 
Temporary food establishment license for a one-day event: $50.
(3) 
Temporary food establishment license for a two-to-three day event: $75.
(4) 
Temporary food establishment license for an event lasting four days or more: $100.
(5) 
Duplicate temporary license fee: $25.
B. 
No license fees, late fees, or duplicate fees shall be charged to public schools or charitable nonprofit organizations.
C. 
Fees for licenses issued under this article shall be made payable to the Borough of East Rutherford by the applicant in cash or by or by check or money order.
Licenses, once issued by the Department of Health, shall not be transferable to another event, location, person or entity, or date.
The temporary food establishment license shall be posted in a conspicuous place where it may be readily observed at eye level by all patrons on the stand, kiosk, booth, table, or other similar conveyance during the length of the establishment's operation. No portion of the license shall be obstructed from view during display. It shall be unlawful for any person to erase, cancel, deface, or alter any license once it has been issued by the Department of Health.
Any person, persons, firm or corporation holding a temporary food establishment license who or which shall violate any provision of this article or fail to comply therewith shall severally, for each and every such violation and noncompliance, forfeit and pay a penalty of not less than $100 nor greater than $500, the exact amount to be left to the discretion of the magistrate before whom the complaint is made. The imposition of a penalty for a violation of this article shall not excuse the violation or permit it to continue; such violation shall be remedied within a reasonable time, or the license shall be revoked without refund. The imposition of the above penalty shall not be held to prevent the enforced compliance with the provisions of this article.