Borough of Hopatcong, NJ Chapter 255 Food Handling

[HISTORY: Adopted by the Board of Health of the Borough of Hopatcong as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Sanitary Code — See Ch. 274.

Article I Retail Food-Handling Establishments

[Adopted 12-12-1967 as Ch. 56 of the 1967 Code]

§ 255-1 Adoption of standards by reference.

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 69.6; a copy of said code is annexed hereto and made a part hereof without the inclusion of the text thereto herein.

§ 255-2 Title.

The code established and adopted by this article is described and commonly known as the "Retail Food Handling Establishment Code of New Jersey (1952)."

§ 255-3 Copies on file.

Three copies of said Retail Food Handling Establishment Code of New Jersey (1952) have been placed on file in the office of the Clerk of this local Board of Health upon the introduction of this article and will remain on file there until final action is taken on this article for the use of and examination by the public.

§ 255-4 Permit; fees; classification of establishments.

A. No person shall operate a retail food-handling establishment unless a permit or approval of an existing permit to operate same shall have been issued by this Board of Health; such permit or approval of an existing permit shall be posted in a conspicuous place in such establishment.

B. The fees for licenses of food establishments are hereby fixed as follows:

[Amended 2-28-1979]

(1) Fees.

[Amended 2-4-2015 by Ord. No. 1-2015]

	Class	Fees
	I	$70
	II	$125
	III	$180
	IV	$210
	V	$235
	VI (mobile Type A, twelve-month license)	$250
	VI (mobile Type B, ninety-day license)	$125
	VI (mobile Type C, sixty-day license)	$75
	VI (mobile Type D, thirty-day license)	$50
	VI (mobile Type E, ten-day license)	$25

NOTE:

Retail food license fees do not include required quarterly water samples, if well water.

(2) Classification of establishments.

(a) Classification of retail merchandising store: Class I.

(b) Classification of eating and drinking establishments:

	Number of Seats	Class
	0 to 75	II
	76 to 175	III
	176 and over	IV

(c) Classification of retail food establishments. "Factor" is the length of refrigeration showcases in feet, multiplied by retail area in square feet, divided by 1,000.

	Factor	Class
	0 to 20	II
	21 to 100	III
	101 and over	IV

(d) Wholesale or processing food establishments, including commissaries, will be Class V.

(e) Mobile restaurants, including box lunch vehicles, will be Class VI.

C. Permits issued or approved under the provisions of this article for Class I, II, III, IV and V shall expire annually on April 1 of each year, and application for renewal thereof shall be submitted, together with the required fee, prior to April 1 of each year. A late fee in the amount of $25 per month shall be charged to each retail food-handling establishment that submits an application for renewal on or after April 1.

[Amended 2-4-2015 by Ord. No. 1-2015]

D. A permit or approval of a permit may be suspended or revoked for a violation by the holder of any provision of this article or code, after an opportunity for a hearing by the Board of Health or its authorized representative.

E. A permit or approval of a permit is not transferable.

§ 255-5 Violations and penalties.

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 of not less than $2 nor more than $100 for each violation. Each day a particular violation continues shall constitute a separate offense.

Article II Food Handlers

[Adopted 1-25-1978]

§ 255-6 Definitions.

As used in this article, the following terms shall have the meanings indicated:

FOOD ESTABLISHMENT OPERATOR

The individual proprietor or partners or the corporation, firm or organization representative directly responsible for the overall management of a retail food establishment.

FOOD HANDLER

Any person in a retail food establishment who routinely comes into contact with food, beverages, utensils or food equipment.

FOOD SERVICE MANAGER

Any person responsible for the immediate supervision of food handlers and other workers involved in the sanitary maintenance of a retail food establishment. In an establishment having no employees, the food establishment operator is considered to be the food service manager.

RETAIL FOOD ESTABLISHMENT

A retail food establishment, mobile food establishment or agricultural market, as defined in Chapter 12 of the New Jersey State Sanitary Code.

§ 255-7 Exemptions.

The following types of retail food establishments are specifically exempt from the requirements of this article:

A. Agricultural markets.

B. Retail food establishments whose only products are factory-sealed or prepackaged food products that do not require refrigeration.

C. Any other simple retail food operation which, in the judgment of the Board of Health, would not reasonably necessitate a resident certified food service manager.

§ 255-8 Certification of food service manager.

A. Certified food service manager required in certain instances.

(1) A certified food service manager shall be present in a retail food establishment during all hours of operation.

(2) A retail food establishment license shall not be considered valid unless the establishment staff includes a certified food service manager.

B. Certification requirements. An applicant shall be registered as a certified food service manager upon successful completion of the following:

(1) Attendance at a course on the principles of food sanitation. Courses shall be approved by the Board of Health.

(2) Passing a written examination on the subject matter presented in the course. The examination shall be administered by an agency approved by the Board of Health.

C. Application. A food service manager seeking certification shall make application to the Board of Health or its authorized agent within 30 days following the effective date of this article. A food service manager beginning work after this date shall make application at least 30 days prior to assuming such duties. Where 30 days' advance notice is not possible, application shall be made as soon as the applicant knows that he or she is to be a food service manager.

D. Temporary certification. Applicants shall be placed on a temporary certification register. Such temporary certification shall be valid until an approved course and examination are offered. The Board of Health or its authorized agent shall notify applicants when and where the course will be held.

E. Reciprocal certification. The Board of Health may certify a food service manager holding a current certification from another agency with substantially equivalent standards. The Board reserves the right to require an examination before granting reciprocal certification.

§ 255-9 Training of food handlers.

A. The certified food service manager shall train food handlers in the basics of food sanitation. The food establishment operator shall be responsible for seeing that organized training activities are conducted.

B. The Health Department will be available to assist the food service manager and operator in developing an effective food handler training program.

§ 255-10 Recertification; permanent certification.

A. Certification term. Certification shall be subject to renewal after a period of two years or less, as provided in § 255-11.

B. Renewal procedure. Application for certification renewal shall be made at least 60 days prior to expiration. To be recertified, an applicant shall repeat the requirements for initial certification, except as provided in Subsection C.

C. Waiver of course. An applicant for certification renewal may request that the course be waived. If such waiver is granted, certification shall be renewed upon the applicant's successful performance in the written examination.

D. Permanent certification. After a food service manager has recertified once, certification shall be permanent. No further recertification will be required, provided that an acceptable level of performance is maintained. The Health Department reserves the right to suspend certification at any time if warranted.

§ 255-11 Downgrading or suspension of certification.

The Health Department will from time to time conduct inspections and/or collect official samples to determine an establishment's degree of compliance with Chapter 12 of the New Jersey State Sanitary Code. The certification of the food service manager(s) working in the establishment shall automatically be downgraded to a temporary certification and subject to immediate renewal, without course waiver, if either of the following inspection results is found:

A. The establishment receives an inspection rating of unsatisfactory.

B. The establishment receives two or more conditionally satisfactory inspection ratings within a period of one year.

§ 255-12 Fees.

The fees for certification of food service managers are hereby fixed as follows:

A. For the filing of an application, providing a certification course and administering an examination: $5.

B. For the filing of an application and administering an examination: $5.

§ 255-13 Violations and penalties.

Any person, firm or corporation violating any of the provisions of this article shall, upon conviction, be punished by a fine not less than $500 nor greater than $1,000. Each day a particular violation continues shall constitute a separate offense.