[HISTORY: Adopted by the Board of Health 7-17-2002 by Ord. No. 858-02.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 197, Food
Establishments, Retail, adopted 11-20-1967, as amended 5-5-1986 by Ord. No.
520.
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. 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.
Said code established and adopted by this chapter is in additional to the New Jersey Sanitary Code, Chapter 12, "Construction, Operation and Maintenance of Retail Food Establishments" and is referred to in same.
Three copies of this chapter as well as Said State of New Jersey Sanitary Code, Chapter 12, have been placed on file in the office of the Secretary of this local Board of Health upon introduction of this chapter and will remain on file there until final action is taken on this chapter for the use and examination of the public.
A.
Courses prescribed.
(1)
No retail food establishment, including restaurants,
diners and any other establishments selling or serving food to the public
in the Township of Rochelle Park 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 Rochelle Park Board of Health pertaining to health, education,
sanitation, personal hygiene, food-borne illness, dishwashing and sanitizing
procedures, microorganisms, insects and rodents, and other health-related
matters. There are two such courses: an eighteen-hour food manager's certification
course and a three-hour food handlers course. The owner, manager or employee
in charge of other employees serving food on each particular shift must possess
a current certificate of satisfactory completion of the course which must
be available in the establishment at all time.
(2)
The certificate of satisfactory completion of the eighteen-hour
food handlers course shall be effective for three years from the date of its
issuance and shall be a prerequisite to any license being issued to a retail
food establishment after the appropriate fee has been paid.
(3)
Recertification of all who complete the food managers
courses can be obtained by completing another eighteen-hour food manager's
certification program or a three-hour food handlers course.
(4)
The owner, manager and employees in charge of other employees
serving food on a particular shift shall have completed the minimum of a three-hour
food handlers course. The certificate of satisfactory completion of the three-hour
food handlers course shall be effective for three years from the date of its
issuance and shall be a prerequisite to any license being issued to a retail
food establishment after the appropriate fee has been paid.
B.
Food manager's and handlers courses.
(1)
Commencing January 1, 2003, or such date as may be fixed
by the Rochelle Park Board of Health, each owner, manager or employee in charge
of other employees serving food on each particular shift shall complete the
first available three-hour food handlers 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 chapter.
(2)
Commencing January 1, 2003, or such date as may be fixed
by the Rochelle Park Board of Health, each owner, or key management personnel
actively involved in the daily operation of a retail food establishment where
food is prepared is required to take the first available eighteen-hour food
manager's certification course, and employees in charge of other employees
serving food on each particular shift shall have completed the first available
three-hour food handlers course.
(3)
Commencing January 1, 2003, and each year thereafter, or such other date as may be fixed by the Rochelle Park Board of Health, where an owner, manager or employee in charge of other employees serving food on each particular shift has not completed the three-hour food handlers course as set forth in Subsection A of this chapter, the Rochelle Park Board of Health may issue a temporary retail food license which shall expire on March 31. 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. No part of the surcharge shall be returned. The surcharge shall be used for the sole purpose of administering this chapter 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 the three-hour food handlers course.
C.
Additionally commencing January 1, 2003, or such date
as may be fixed by the Rochelle Park Board of Health, each new owner of a
retail food establishment where food is prepared is required to take the first
available eighteen-hour food manager's certification course, and employees
in charge of other employees serving food on a particular shift must take
the three-hour food handlers course. The Rochelle Park 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 eighteen-hour food
manager's certification course and three-hour food handlers course has been
given and satisfactorily completed. 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. No part of the surcharge shall be returned.
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 eighteen-hour food manager's certification course or three-hour
food handlers course in accordance with this chapter, then the retail food
establishment shall be issued a summons to appear before the Municipal Judge
to answer 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 licensee has received
a satisfactory rating from the inspector conducting such inspections.
(2)
Any retail food establishment which receives two conditional satisfactory ratings within any twelve-month period shall have its owner or manager appear at the regularly scheduled meeting of the Township Committee to show cause why its license shall not be suspended for failing to operate its premises in accordance with Chapter 12 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 eighteen-hour food manager's certification course. Failure of the establishment to adhere to this rule by licensing time of the subsequent year will result in a surcharge of $500 on the new license. (This is intended to be an incentive for the establishments to take care of their responsibility to renew and to eliminate secretarial phone calls and inspector trips to remind owners).
F.
Fees.
(1)
Each licensee shall pay a license fee for the issuance to operate a retail food establishment or other business in the Township of Rochelle Park as set forth in § 100-2:
(2)
Nonprofit organizations. Senior citizen establishments
and activities in Borough-owned buildings and religious institutions are exempt
from the fees imposed under this chapter.
G.
A retail food establishment license issued under the
provisions of this chapter shall expire annually on December 31 of each year,
and application for renewal thereof shall be submitted, together with the
required fee, prior to February 1 of each year. Failure to obtain a license
for the new year by January 31 will result in a surcharge (late fee) of $500.
(This is intended to be an incentive for the establishments to take care of
their responsibility to renew and to eliminate secretarial phone calls and
inspector trips to remind owners).
H.
A retail food establishment license issued by another
Board of Health is not transferable as to another license.
I.
As concerns nonprofit organizations, whenever food is
being prepared at any of these facilities, a temporary permit, exempt from
fees, must be obtained from the Board of Health two weeks prior to the date
of the function. In order to obtain this permit, the following information
must be provided: date and length of function; type of food being prepared,
location of preparation; and approximate number of people being served. The
Board of Health has the authority to restrict the types of food prepared and
served.
J.
Each nonprofit organization which prepares and serves food, in addition to the matters set forth above in Subsection I, should have someone from their organization take the three-hour food handlers course.
K.
Nursery schools preparing food or representatives of
the nursery schools preparing food must take the three-hour food handlers
course.
Any person who violates any provision of, of order promulgated under,
this chapter shall, upon conviction thereof, be liable to a penalty of not
less than $50 nor more than $1,000 for each violation. Each day a particular
violation continues shall constitute a separate offense.
